USA > Rhode Island > The Dorr war; or, The constitutional struggle in Rhode Island > Part 29
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SEC. 9. If there be no choice of a Senator or Senators at the annual election, or if a vacancy in the Senate oceur from any other eause, the Gov- ernor shall issue his warrant to the town and ward elerks of the several towns and eities in the senatorial distriet or distriets that may have failed to eleet, or where sueh vacancy may have oeeurred, requiring them to open town or ward meetings for another eleetion, on a day to be by him appointed, not more than fifteen days from the time of issuing such warrant; and, in such election, a plurality of votes shall eleet.
SEC. 10. All general officers shall take the following engagement before they aet in their respective offices, to wit: You, -, being by the free vote of the freemen of this State of Rhode Island and Providence Planta- tions, eleeted unto the place of -, do solemnly swear (or affirin) to
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be true and faithful unto this State, and to support the constitution of this State and of the United States; that you will faithfully and impartially dis- charge all the duties of your aforesaid office, to the best of your abilities, according to law: so help you God. Or, this affirmation you make and give upon the peril of perjury. And the members of the General Assembly shall take an engagement to the same effect.
SEC. II. In all elections held by the people under this constitution, a majority of all the electors voting shall be necessary to the choice of the persons voted for, except as is herein otherwise provided.
SEC. 12. The officers now elected in grand committee, except justices of the peace, shall continue to be so elected until otherwise prescribed by law.
SEC. 13. The oath or affirmation shall be administered to the Governor, Lieutenant - Governor, and Senators, by the Speaker of the House of Repre- sentatives, in presence of the House, or elsewhere, by a justice of the supreme judicial court. The Secretary of State, Attorney-General, and General Treas- urer, shall be engaged by the person exercising the office of Governor.
ARTICLE X. Of Qualifications for Office. 4
SECTION I. No person shall be qualified to hold the office of Governor, Lieutenant - Governor, Senator, or Representative in the General Assembly unless he be a duly qualified elector. No person shall be elected a Repre- sentative to the General Assembly, or to any town or city office, unless he be a qualified elector, and an inhabitant of the town or city which elects him.
SEC. 2. Every person shall be disqualified from holding any office to which he may have been elected, if he be convicted of having offered, or procured any other person to offer, any bribe to secure his election, or the election of any other person.
SEC. 3. The judges of all the courts, and all other officers, both civil and military, shall be bound by oath or affirmation to support this constitu- tion, and the constitution of the United States.
SEC. 4. No person who holds any office under the government of the 46
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United States, or any other State or foreign country, shall be capable of acting as a general officer, or shall take a seat in the General Assembly, unless, at the time of taking his engagement, he shall have resigned his office under such other government. And if any general offieer, Senator, Representative, or judge shall, after his election, aeeept or hold any office under any other government, he shall not be capable thereafter of aeting as a general officer, Senator, Representative, or judge, but the office shall be thereby vacated.
ARTICLE XI. Of the Judicial Power.
SECTION 1. The judicial power of this State shall be vested in one su- preme judicial court, and in such inferior courts as the General Assembly may, from time to time, ordain and establish; and the jurisdietion of the su- preme and of all other courts may, from time to time. be regulated by tlie General Assembly.
SEC. 2. Chancery powers may be conferred by the General Assembly on the supreme judicial court ; but no other eourt exercising chancery powers shall be established in this State, exeept as is now provided by law.
SEC. 3. The justices of the supreme judicial eourt shall be elected in grand committee of the two Houses, to hold their offices until their places be deelared vaeant by a resolution of the General Assembly to that effeet, which shall be voted for by a majority of all the members elected to the House in which it may originate, and be eoneurred in by the same majority of the other House. Such resolution shall not be entertained at any other than the annual session for the election of public officers; and, in default of the passage thereof at said session, the judge, or judges, shall hold his or their places, as is herein provided. But a judge of this, or of any other court inferior to the same, shall be removable from offiee, if, upon impeachment, he shall be found guilty of any official misdemeanor.
SEC. 4. In ease of vacancy by the deathi, resignation, refusal, or inability to serve, or absence from the State, of a judge of this court, his place may be filled by the grand committee, until the next annual election; when the judge elected sliall hold his office as before provided.
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SEC. 5. The judges of the supreme judicial eourt shall receive a suitable compensation for their services, which shall not be diminished during their continuance in office.
SEC. 6. The judges of the supreme judicial eourt shall, in all trials, in- struct the jury in the law.
SEC. 7. There shall be annually eleeted by each town, and by the sev- eral wards in the city of Providence, a sufficient number of justiees of the peace, or wardens, resident therein, with such jurisdietion as the General As- sembly may prescribe. And said justiees, or wardens (exeept in the towns of New Shoreliam and Jamestown), shall be commissioned by the Governor.
SEC. 8. The courts of probate in this State, exeepting the supreme judi- cial court, shall remain as at present established by law, until the General Assembly shall otherwise preseribe.
ARTICLE XII. Of Education.
SECTION I. The diffusion of knowledge as well as of virtue among the people being essential for the preservation of their rights and liberties, it shall be the duty of the General Assembly to promote publie sehools, and to adopt all other means to secure to the people the advantages and opportunities of edueation, which they may deem necessary and proper.
SEC. 2. The money which now is, or whieli may hereafter be, appro- priated by law for the formation of a permanent fund for the support of public schools, shall be securely invested, and remain a perpetual fund for that purpose.
SEC. 3. All donations for the support of public sehools, or for other purposes of education, which shall be received by the General Assembly, shall be applied according to the terms preseribed by the donors.
SEC. 4. The General Assembly shall make all necessary provisions by law for carrying this article into effeet. They are prohibited from diverting · said moneys or fund from the aforesaid uses; and from borrowing, appro- priating, or using the same, or any part thereof, for any other purpose, under any pretence whatsoever.
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ARTICLE XIII. Of Amendments.
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The General Assembly may propose amendments to this constitution by the votes of a majority of all the members elected to each Housc. Suchi propositions shall be published in the newspapers, and printed copies of such propositions shall be 'sent by the Secretary of State, with the names of all the members who shall have voted thereon, with the ycas and nays, to all the town and city clerks in the State; and the said propositions shall be by said clerks inserted in the warrants or notices by them issued for warning the next annual ward and town meetings in April; and the clerks shall read . such propositions to the electors when thus assembled, with the names of all the Representatives and Senators who shall have voted thereon, with the yeas and nays, before the election of Representatives and Scuators shall be had. If a majority of all the members elected to each House, at said annual meeting, shall approve any proposition thus made, the same shall be published and sent to the electors in the mode provided in the act of approval; and, if then approved by three- fifths of the electors of the State present, and voting thereon in town and ward mectings, it shall become a part of the constitution of the State.
ARTICLE XIV. Of the Adoption of this Constitution.
SECTION I. This constitution, if adopted, shall go into operation on the first Tuesday of May, in the year one thousand eight hundred and forty- two. The first election of Governor, Lieutenant - Governor, Secretary of State, Attorney - General, and General Treasurer, and of Representatives and Senators, under said constitution, shall be had on the third Wednesday of April preceding. And the town and ward mectings therefor shall be warned and conducted as is now provided by law. All civil, judicial, and military officers now elected, or who shall hereafter be elected, by the General Assembly or other competent authority, before the said first Tuesday of May, shall hold their offices, and may exercise their powers, until that time,
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or until their successors are qualified to act. All statutes, public and private, not repugnant to this constitution, shall continue in force until they expire by their own limitation, or are repealed by the General Assembly. All chiarters, contracts, judgments, actions, and rights of action, shall be as valid as if this constitution had not been made. The present government shall exercise all the powers with which it is now clothed until the said first Tuesday of May, one thousand eight hundred and forty - two, and until their successors, under this constitution, are duly elected and qualificd.
SEC. 2. All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the State as if this constitution had not been formed.
SEC. 3. The supreme judicial court, established by this constitution, shall have the same jurisdiction as the supreme judicial court at present estab- lished; and shall have jurisdiction of all causes which may be appcaled to, or pending in, the same; and shall be held at the same time and places, and in each county, as the present supreme judicial court, until otherwise pre- scribed by the General Assembly.
SEC. 4. The towns of Jamestown and New Shoreham shall continue to enjoy the exemption from military duty which they now enjoy, until other- wise prescribed by law.
Done in convention, February 19, 1842.
HENRY Y. CRANSTON, President of the Convention.
THOMAS A. JENCKES, Secretary.
WALTER W. UPDIKE, Assistant Secretary.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,
In Convention, February 19, A. D. 1842.
Resolved, That the constitution framed by this convention be certified by the president and secretaries, and, with the journal and papers of the con- vention, shall be deposited in the office of the Secretary of State; that the
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Secretary of State cause said constitution, together with this resolution, and all the acts and resolutions of the General Assembly relating to this conven- tion, to be printed and distributed according to law; and that said constitu- tion be submitted to all the people authorized to vote for general officers under the samnc, for their ratification or rejection, at town and ward meetings, to be holden in the several towns and in the city of Providence, on Monday, Tuesday, and Wednesday, the twenty - first, twenty - second, and twenty - third days of Marclı, A. D. 1842. The several town and city clerks shall issue the necessary warrants for said meetings. Said meetings shall be kept open for the reception of votes from the hour of nine o'clock in the forenoon, until seven o'clock in the afternoon ; and in the city of Providence and town of Newport, until nine o'clock in the evening, on the days appointed. At said town and ward meetings every person voting shall have his name written on the back of his ballot; and said ballots shall be sealed up in open town or ward meetings, and, with lists of the names of the voters, shall be returned to the General Assembly at their session to be holden on the fourth Monday of March next.
Read and adopted, February 19, 1842.
THOMAS A. JENCKES, Secretary.
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APPENDIX D.
CONSTITUTION
OF THE
STATE OF RHODE ISLAND
AND
PROVIDENCE PLANTATIONS.
We, the people of the State of Rhode Island and Providence Plantations, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit the same unimpaired to succeeding gen- erations, do ordain and establish this constitution of government.
ARTICLE I.
Declaration of Certain Constitutional Rights and Principles.
In order effectually to secure the religious and political freedom established by our venerated ancestors, and to preserve the same for our posterity, we do declare that the essential 'and unquestionable rights and principles hereinafter mentioned shall be established, maintained and preserved, and shall be of para- mount obligation in all legislative, judicial, and executive proccedings.
SECTION I. In the words of the Father of his Country, we declare that "the basis of our political systems is the right of the people to make and alter their constitutions of government; but that the constitution which at any
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time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all."
SEC. 2. All free governments are instituted for the protection, safety and happiness of the people. All laws, therefore, should be made for the good of the whole; and the burdens of the state ouglit to be fairly distributed among its citizens.
SEC. 3. Whereas Almighty God hatlı created the mind free; and all attempts to influence it, by temporal punishments or burdens, or by civil in- capacitations, tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerable ancestors, in their migrations to this country, and their settlement of this state, was, as they expressed it, to hold forth a lively experiment, that a flourishing civil state may stand, and be best maintained, with full liberty in religious concernnents : we, therefore, de- clare that 110 man shall be compelled to frequent or to support any religious worship, place, or ministry whatever, except in fulfillment of his own volun- tary contract ; nor enforced, restrained, molested, or burdened in his body or goods; nor disqualified from holding any office; nor otherwise suffer, on ac- count of his religious belief ; and that every man shall be free to worship God according to the dictates of his own conscience, and to profess and by argument to maintain his opinion in matters of religion ; and that the same shall in nowise diminishi, enlarge, or affect his civil capacity.
SEC. 4. Slavery shall not be permitted in this state.
SEC. 5. Every person within this state ouglit to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely and without purchase, completely and without denial ; promptly and without delay; conformably to the laws.
SEC. 6. The right of the people to be secure in their persons, papers and possessions, against unreasonable searchies and seizures, shall not be violated ; and no warrant shall issue, but on complaint in writing, upon probable cause, supported by oath or affirination, and describing as nearly as may be, the place to be searched, and the persons or things to be seized.
SEC. 7. No person shall be held to answer for a capital or other in- famous crime, unless on presentment or indictment by a grand jury, except
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APPENDIX D.
in cases of impeachment, or of such offences as are cognizable by a justice of the peace; or in cases arising in the land or naval forees, or in the militia when in actual service in time of war or public danger. No person shall, after an acquittal, bc tried for the same offenee.
SEC. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted ; and all punishments ought to be propor- tioned to the offence.
SEC. 9. All persons imprisoned ought to be bailed by sufficient surety, unless for offenees punishable by death or by imprisonment for life, when the proof of guilt is evident, or the presimiption great. The privilege of the writ of habeas corpus shall not be suspended, unless when in eases of re- · bellion or invasion the publie safety shall require it; nor ever without the authority of the General Assembly.
SEC. 10. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury; to be informed of the nature and cause of tlie accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining tlicm in his favor, to have the assistance of counsel in his defence, and sliall be at liberty to speak for himself; nor shall he be deprived of life, liberty, or property, un- less by the judgment of his peers, or the law of the land.
SEC. II. The person of a debtor, where there is not strong presumption of fraud, ought not to be continued in prison after lie shall have delivered up his property for the benefit of liis creditors, in such manner as shall be prescribed by law.
SEC. 12. No ex post facto law, or law impairing thic obligation of contraets, shall be passed.
SEC. 13. No man in a court of common law shall be compelled to give evidence eriminating himself.
SEC. 14. Every man being presumed innocent, until lic is pronounced guilty by the law, no act of severity which is not necessary to secure an accused person shall be permitted.
SEC. 15. The right of trial by jury shall remain inviolate.
SEC. 16. Private property shall not be taken for public uses, withont just compensation.
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SEC. 17. The people shall continue to enjoy and freely exercise all the riglits of fishery, and the privileges of the shore, to whieli they have been heretofore entitled under the charter and usages of this State. But no new riglit is intended to be granted, nor any existing right impaired by this dec- laration.
SEC. 18. The military shall be held in strict subordination to the civil autliority. And the law martial shall be used and exercised in such eases only as oceasion shall necessarily require.
SEC. 19. No soldier shall be quartered in any house, in time of peace, without the consent of the owner ; nor, in time of war, but in a manner to be prescribed by law.
SEC. 20. The liberty of the press being essential to the security of free- dom in a state, any person may publish his sentiments on any subjeet, being responsible for the abuse of that liberty; and in all trials for libel, botli eivil and criminal, the truth, unless published from malicious motives, sliall be sufficient defence to the person charged.
SEC. 21. The eitizens have a right in a peaceable manmer to assemble for their conmion good, and to apply to those invested with the powers of government for redress of grievances, or for other purposes, by petition, ad- dress, or remonstrance.
SEC. 22. The right of the people to keep and bear arms shall not be in- fringed.
SEC. 23. The enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people.
ARTICLE II.
Of the Qualifications of Electors.
SECTION I. Every male citizen of the United States, of the age of twenty- one years, who has had his residence and home in this state for one year, and in the town or city in which he may claim a right to vote, six months next preceding the time of voting, and who is really and truly possessed in his own right of real estate in such town or city of the value of one hundred and thirty - four dollars over and above all incumbranees, or which shall rent for seven dollars per annum over and above any rent reserved or tlie inter-
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est of any incumbrances thereon, being an estate in fee- simple, fee-tail, for tlie life of any person, or an estate in reversion or remainder, which qualifies 110 other person to vote, the conveyance of which estate, if by deed, shall have been recorded at least ninety days, shall thercafter have a right to vote in the election of all civil officers and on all questions in all legal town or ward meetings so long as he continues so qualified. And if any person hereinbefore described shall own any such estate within this state out of the town or city in which he resides, he shall have a right to vote in the election of all general officers and members of the general assembly in the town or city in which he shall have had his residence and home for the terin of six months next preceding the election, upon producing a certificate from the clerk of the town or city in which his estate lies, bcaring date within ten days of the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as a voter; and that the decd, if any, has been recorded ninety days.
SEC. 2. Every male native citizen of the United States, of the age of twenty -one years, who has had his residence and home in this state two years, and in the town or city in which he may offer to vote, six months next preceding the time of voting, whose name is registered pursuant to the act calling the convention to frame this constitution, or shall be registered in the office of the clerk of such town or city at least seven days before the time he shall offer to vote, and before the last day of December in the present year; and who has paid or shall pay a tax or taxes assessed upon his estate within this state, and within a year of the time of voting, to the amount of one dollar, or who shall voluntarily pay, at least seven days before the time he shall offer to vote, and before said last day of December, to the clerk or treasurer of the town or city where he resides, the suin of one dollar, or such sum as with his other taxes shall amount to one dollar, for the support of public schools therein, and shall make proof of the same, by the certificate of the clerk, treasurer, or collector of any town or city where such payment is made: or who, being so registered, has been enrolled in any military com- pany in this state, and done military service or duty therein, within the present year, pursuant to law, and shall (until other proof is required by law) prove by the certificate of the officer legally commanding the regiment,
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or chartered, or legally authorized volunteer company in which he may have served or done duty, that he has been equipped and donc duty according to law, or by the certificate of the commissioners upon military claims, that he has performed military service, shall have a right to vote in the election of all civil officers, and on all questions in all legally organized town or ward meetings, until the end of the first year after the adoption of this constitution, or until the end of the year eighteen hundred and forty - three.
From and after that time, every such citizen who has had the residence herein required, and whose name shall be registered in the town where he resides, on or before the last day of December, in the year next preceding the time of his voting, and who shall show by legal proof, that he has for and within the year next preceding the time he shall offer to vote, paid a tax or taxes assessed against him in any town or city in this state, to the amount of one dollar, or that he has been enrolled in a military com- pany in this state, been equipped and done duty therein according to law, and at least for one day during such year, shall have a right to vote in the election of all civil officers, and on all questions, in all legally organ- ized town or ward meetings: Provided, thiat no person shall at any time be allowed to vote in thic clection of the city council of the city of Providence, or upou any proposition to impose a tax, or for the expenditure of money in any town or city, unless he shall within the ycar next preceding have paid a tax assessed upon his property therein, valued at least at one hun- dred and thirty - four dollars.
SEC. 3. The assessors of each town or city shall annually assess upon every person whose name shall be registered a tax of one dollar, or such sum as with his other taxes shall amount to one dollar, which registry tax shall be paid into the treasury of such town or city, and be applied to the support of public schools therein; but no compulsory process shall issue for the collection of any registry tax: Provided, that the registry tax of every person who has performed military duty according to the provisions of the preceding section shall be remitted for the year he shall perform such duty ; and the registry tax assessed upon any mariner, for any year while he is at sea, shall, upon his application, be remitted; and no person
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