powers. The power of raising an army
in time of peace, and to command the militia, will give the president
ample means to enforce the Supreme laws of the land.
XXIII, SEC. 21; XXIV, SEC. 21; XXV, SEC. 21; XXVI, SEC. 21; XXVII, SEC.
21; XXVIII, SEC. 21; XXIX, SEC. 21; XXX, SEC. 21; XXXI, SEC. 2; XXXII,
XXXIII, XXXIV.
The 32d paragraph orders, "That a court shall be instituted for the trial
of impeachments and the correction of errors under the regulations which
shall be established by the legislature, and to consist of the president
of the senate for the time being, and the senators, chancellors and judges
of the supreme court."
The 33d vests the power of impeaching all officers of the state for mal
and corrupt practice in the representatives of the people in assembly.
The 34th allows the parties impeached or indicted for crimes and
misdemeanors to have counsel.
This system is undermined and rendered nugatory by 1st art., 6th and 7th
clauses, where the senate in the new constitution, have the trial and
judgment on all impeachments.
By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated.
By the 3d art., 3d sec., it is defined what shall be treason, the proof
required, the punishment, and how the judgment in attainder shall operate.
XXXIII, SEC. 32; XXXIV, SEC. 32; XXXV, SEC. 13; XXXVII, SEC. 1; XXXVIII,
XXXIX.
The 38th paragraph provides "that the free exercise and enjoyment of
religious procession and worship, without discrimination or preference,
shall forever hereafter be allowed within this State to all mankind,
provided that the liberty of conscience hereby granted shall not excuse
acts of licentiousness or justify practices inconsistent with the peace or
safety of the State."
The 39th provides that "no minister of the gospel, or priest of any
denomination whatsoever, shall at any time hereafter, under any pretence
or description whatever, be eligible to or capable of holding any civil or
military office or place within this state."
The first of those articles protects us from persecution in religious
matters. The other excludes the clergy from enjoying any office, civil or
military. Two provisions passed by in silence by the framers of the new
constitution; and although possibly the leaders in both have been equally
averse to a democratic system, and have had the same object, the ruin of
state government, in view.
XLII.
This paragraph provides "that it shall be in the discre
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