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28. Opinions and Recommendations. Three months before the Legis. lature assembles, the County Courts, the Supreme Court, and the State Allorney shall state briefly, in one of the County papers, a copy of which the County Clerk shall send to the office of the Secretary of State, if any change in the laws is deemed desirable for the improvement of the Judicial Department, and the interests of society in general.
29. Impeaching. To the Representatives belongs the right of impeaching. To the Senate belongs the right of trial of impeachments. In either instance a two-thirds vote is required. The sentence of the Senate is not prejudicial to the lawful procedures of the Couris.
30. Speakers. Both houses elect their speakers and other officers; they are the judges of the qualifications and elections of their own members, and sit upou their own adjournments. Two-thirds of each house have the right to do business, (quorum.)
31. Vacancies. Vacancies require new elections.
32. Veto. The laws of the Legislature shall require the approval of the Governor. On sufficient grounds he may veto them. If threefourth parts of the Legislature, in joint ballot, insist upon the vetoed laws, they become valid.
33. Pay. The members of the Legislature shall receive a compensation according to law.
34. Judicial Business. The State judicial business is performed by the Justices of the Peace, (who are also Coroners,) County Courts, Supreme Court, Jurors, and County and State Attornies, and is either civil or criminal.
35. Justices of the Peace. In each town of about 500 voters, there shall be elected by the voters, two Justices of the Peace, to serve two years, whose duty it shall be to try small offences (against police and by-laws,) and civil cases in which the amount involved does not ex. ceed $100, and from whose decisions there shall be no appeal. It shall also be the duty of these Justices of the Peace to endeavor to affect an amicable arrangement of all matters in controversy between individuals, in which instances no Jury, but only the presence of a Town Clerk or Notary shall be required. Without a certificate of the Justice of the Peace and Town Clerk or Notary, that a reconciliatory adjustment has been tried, no suit shall be admitted by the County Courts. Justices of the Peace shall be re-eligible, and may be re. moved by the County Courts, according to law. They shall receive a compensation fixed by law. In cases where a jury is required, it shall consist only of six qualified voters.
36. County Courts. The County Courts shall try all civil and crim. inal cases, which do not lie within the province of the Justices of the Peace.
37. A County Court may be divided into two branches, one for civil and one for criminal cases, if the County Commissioners approve it.
38. A County Court shall consist of respectively two, three, or four judges, to be elected by the County Commissioners for four, six, or eight years. Biennially one recedes (by ballot.) The judges shall be re-eligible, and may be removed by the Governor, according to law. The oldest judge shall preside in the Court.
39. The requisites for a County Judge are in general that he shall have served as justice of the peace, or county or town clerk, or counsellor for at least two years.
40. Supreme Court. To the Supreme Court shall belong the appel. late jurisdiction in all cases; the decision in all doubtful cases of com. petency among the County Courts ; grants of trials in case of sus. pected partiality of a Court; the decision on the question of the constitutionality of laws; the right to ask for the records, sentences, testimonies, &c., of inferior Courts; the decision in cases arising under this Constitution.
41. The Supreme Court is composed of five Judges, who elect their President, called Chief Judge.
42. They are elected and reinoved according to law by the Legis. lature, serve eight years, are re-eligible, and receive a salary fixed by law for the time of appointment.
43. The seat of the Supreme Court shall be permanently in the capital town, it being no Circuit Court.
44. From the decision of the Supreme Court there shall be no fur. ther appeal.
45. Jury. In all criminal and civil cases, pending before the County Courts, a verdict of the Common Jury, consisting of twelve qualified voters shall be required. In all criminal cases an inquest and indictment of the Grand Jury, consisting of twenty-four qualified voters, shall be required. In cases pending before the Supreme Court, no Jury is required. The Jury in Justice Courts shall consist of six qualified voters.
46. Foreign Laws. No Court shall be allowed to refer to any for. eign law authority.
47. Town Executive. The executive business in towns shall belong to the Mayor, Marshals, and other officers. The Marshals are elected for two years by the Selectmen, and removed according to law.
48. County Executive. The executive business in Counties shall belong to the Overseer, Sheriff, and other officers. The Sheriff shall be elected for two years by the County Commissioners. Marshals and Sheriffs shall have the right to elect deputies. The latter may be removed by the Commissioners according to law.
49. State-Executive. The executive power of the State shall be vested in the Governor, chosen every second year by the qualified voters. He is not re-eligible after the expiration of two years, but once later.
50. Governor. The requisites for a Governor are as follows. He shall have,
a. Served in either branch of the Legislature, or in County Courts, as judge, or clerk, or attorney, for two years, and shall not have
b. Any office besides.
51. He shall have the control of the administration of the laws in general, shall inform the Legislature of the state of the public business, and shall appoint and remove, in conformity with the laws, the higher state officers and clerks, state and county attornies, public notaries, and other state officers not otherwise provided. He shall have the right of veto, and act as the representative of the State in business with other States, and shall, to the best of his ability, watch that nothing is done by the public officers, that may infringe in any way the rights of independent self-governing freemen. He shall have a salary fixed by law.
52. If any vacancy happens, the Secretary of State shall cause forth with a new election of Governor. Meanwhile the Speaker of the Senale or of the House of Representatives shall act as Governor.
53. Lawyers. Imprisoned persons. All persons enjoying the confidence of the magistrales or parties may be counsellors or lawyers. Every imprisoned person shall be forthwith provided with a cuuusel. lor.
54. State Treasuries. The State treasury, as well as the County and Town treasuries, shall be filled hy direct taxation. The State treas. ury being the sub-treasury of the United States treasury, it shall be lawful for the Congressional quota to have a preference over all other State payments.
55. State Treasury and Treasurer. The State Treasurer shall be ap. pointed by the Governor, by whom he may be removed according to law. He shall serve for two years, shall give security, and receive a salary fixed by law.
56. County Treasurer. The County Treasurer shall be appointed by the County Commissioners; he shall give security, serve for two years; is. like all other subordinate officers, re-eligible, and may be je. moved according to law.
57. Town Treasurer. The Town Treasurer shall be appoinied by the Selectmen ; be shall give security, and serve two years. He may be removed according to law
58. No money shall be drawn from any public treasury without appropriation laws.
59. Publicity. The financial accounts of towns, counties, and states shall be published every year.
60. All sessions of the Legislature and Courts shall ordinarily be public. They may be closed in extraordinary instances. The treasury accounts shall likewise be open to the inspection of tax payers.
61. Installment. All public officers in towns, counties, and staies, also all jurors, instead of an oaih, shall give and sign the following official promise
“I promise to fulfill my duties in conformity with the Constitution and Laws of the State and the Union, according to the best of my ability."
62. Public and Common Law. It shall be American public and common law:
a. That each actual primitive settler or pioneer on wild, un possessed and unappropriated land, generally called government land or domain, shall be entitled to acres, of which he shall be obliged to give up as much land as is required for public works, as land, stone, water, or iron, roads, or similar improvements, without compensation.
b. That a town containing over 2,000 voters, shall be divided into two towns; a county containing over 20,000 voters, into two cour ties; and a state containing over 200,000 voters, into two states.
c. That no law. act, or resolution shall be passed allowing or grant. ing charters, incorporation rights, creating public debts, indirect laxes, or interfering in any way with the liberty of education, instruction and honest useful industry of the people.
d. That no state shall embark, directly or indirectly, in any business of a private character, or which may, or which may not he done by the freemen in towns or counties, or shall give bonds for such business; coin any money, or authorize paper money, under whatever name or form.
e. That there shall never be any resort to arms among freemen about state affairs.
f. That any persons making use of physical violence against unarmed public officers in the discharge of their official duties, shall, besides the deserved punishment, forfeit all political constitutional rights, until restored by a special vote of the town in which he resides.
g. That, if a person under arrest can find no bail, the courts shall continue the trial without any delay.
h. That no law shall be passed prescribing capital punishment, excessive bail, or other inhuman treatment.
i. That in general no law shall be valid, interfering, in any way, with the rights of self-government.
63. Alterations of the Constitution. Alterations of this Constitution take place, either by a two-thirds vote of the Legislature, approved by the qualified voters, or, afier twenty-five years from its establishment, by a direct resolution of the voters on the question of amending and altering the Constitution by a Convention.
PLAN OF A FEDERAL CONSTITUTION. In order to secure the rights and blessings of Self-government, the Freemen in the different States of
have entered into a Confederation of States, and established the following
FEDERAL CONSTITUTION. 1. Confederated States. The Confederation entered into under the name of the United States of - -, conprises at present the following States, viz., 2. Congress. There shall be a Congress of the United States of
with certain Legislative, Judicial, and Executive powers. 3. The business belonging exclusively to Congress, in general, is,
a. Protection of the fundamental rights of self-government, viz., lib. erty of education, instruction and industry ; promotion of humanity by maintaining peace and justice at home and abroad, and preserva. tion of the Union.
6. Establishing uniform principles in regard to cultivation of va. cant wild land, and the size of a primitive lot, and of towns, counties, and states.
c. Coining money, regulating its value, and regulating weights and
d. Raising funds for the Congressional treasury by drafts on the State treasuries, in conformity with the appropriation laws.
Adjusting and deciding disputes among the States. f. Establishing an United States Tribunal.
g. Appointing consuls and special agents, and receiving consuls and foreign ministers.
h. Organizing the national defences in case of hostile invasion, if
the freemen of the whole Union shall decide in favor of defensive war.
i. Representing the Union abroad, and acting in all instances, where conflicts between the States and the Union, and the Union and foreign states require it.
k. Admitting new States into the Union if they have adopted this Constitution and established a State Constitution in conformity with the principles of self-government, and if the annexation has been approved by the qualified voters of the Union.
1. Convening once every year (second year,) on the first Monday of -, at the Capitol of the Union, and as often as the President thinks an extra session to be necessary.
4. Legislature. The federal legislative power is vested in the Congress of the United States, which shall consist of a Senate and House of Representatives.
5. Representatives. The House of Representatives shall be composed of members chosen every year (second year,) by the qualified
6. Elections. About ten thousand qualified voters shall be entitled to one Representative. Each State shall elect at least two presentatives. No State shall elect more than twenty Representatives. In all elections plurality of votes shall decide.
7. The House of Representatives shall consist of not more than four hundred members.
8. Qualified. No person shall be a Congressional Representative or Senator who has not been before a member of a State Legislature.
9. Speaker. Impeachment. The House of Representatives shall choose their speaker and other officers, and have the right of impeach
The speaker shall have a casting vote. 10. Senate. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislatures thereof for
11. The Senators are divided as equally as may be, into three classes. They occupy their seats for respective two, four, and six years, so that one third shall be chosen every second year. Vacancies shall be filled by the Legislatures, and temporarily by the Governors.
12. Vice President. The Vice President of the United States shall be President of the Senate; he shall have only the casting vote.
13. Powers of Senate. The Senate shall have the power to try ali impeachments, to appoint their own officers, and also a temporary President in the absence of the Vice President, or when he shall exercise the office of President of the United States.
14. Choosing Representatives and Senators. The elections of Representatives shall take place on the first Monday of and that of Senators at times when the Legislatures are in session.
15. House Jurisdictions. Each House shall have the jurisdiction over its members during the time of sessions, and of their qualifica. tions. Two thirds shall decide and do business, (quorum.) (The Rules of both Houses may be annexed in an Appendix.)
16. Questions. In all questions of importance the yeas and nays shall be recorded.
17. Compensation. The members of Congress shall receive a com. pensation for their services, according to law.