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be seized. Cal., 97; Ga., 143; Ind., 170; Iowa, 183; -- That no standing army shall be kept up, without Kan., 197; La., 233; Miss., 319; Neb., 371; Nev., the consent of the General Assembly; and in that 380; N. J., 412; Ohio, 433; Or., 447; R. I., 473; case no appropriation for its support shall be for a W. 'Va., 547; Wis., 560.
longer term than one year; and that the military Every subject has a right to be secure from all shall, in all cases and at all times, be in strict subordiunreasonable searches and seizures of his person, his nation to the civil power. Ala., 74. houses, his papers, and all his possessions. All war- -That the rights of the citizens to bear arms in rants, therefore, are contrary to this right, if the cause defense of themselves and the State shall not be or foundation of them be not previously supported questioned; but the General Assembly may pass by oath or affirmation, and if the order in the warrant laws to prevent persons from carrying concealed to a civil officer, to make search in suspected places, arms. Ky., 224. or to arrest one or more suspected persons, or to seize - The people have a right to keep and to bear arms their property, be not accompanied with a special for the common defense. And as, in time of peace, designation of the persons or objects of search, arrest armies are dangerous to liberty, they ought not to be or seizure; and no warrant ought to be issued but in maintained without the consent of the Legislature; cases, and with the forınalities prescribed by the laws. and the military power shall always be held in an Mass., 281.
exact subordination to the civil authority, and be -No person shall be accused, arrested or detained, governed by it. Mass., 281. except in cases ascertained by law, and according to --The right of the people to keep and bear arms shall the form which the same has prescribed; and no per- not be infringed. R. I., 474. son shall be punished but in virtue of a law estab- --That the free white men of this State shall have a lished and promulgated prior to the offense, and right to keep and to bear arms for their common legally applied. Miss., 335.
defense. Ark., 85; Mo., 346; Tenn., 492. – That the people shall be secure in their persons, --The people shall have a right to bear arms for the houses, papers and possessions, from unreasonable defense of themselves and the State. Ct., 108; Ind., seizures or searches; and that no warrant shall issue 171; (of lawful authority of the State), 10., 346; to search any place, or to seize any person or thing, Miss., 335; Mich., 314; N. C., 422 ; Tex., 506; Vz., 522. without describing them as nearly as may be, nor -The people have the right to bear arms for their without probable cause, supported by oath or affirma- defense and security ; but standing armies, in time of tion. Ala., 72; Ark., 84; Ct, 107; Del., 116; Fl., peace, are dangerous to liberty, and shall not be tol129; II., 165; Me., 239; Min., 335; Mo., 347; Pa., erated, and the military shall be in strict subordina467; Tex., 506.
tion to the civil power. Kan., 197; N. C., 422; - That all warrants, without oath or affirmation, to Or., 448; Ohio, 432. search suspected places, or to seize any person or
That no soldier shall, in time of peace, be quarproperty, are grievous and oppressive; and all gen- tered in any house without the consent of the owner, eral warrants to search suspected places, or to appre- nor in time of war, but in a manner prescribed by hend suspected persons, without naming or describing law. U. S., 18; Ala., 74; Ark., 85; Cal., 96; Ct., the place, or the person in special, are illegal, and 108; Del., 117; Fl., 130; IU., 166; Ind., 171; Iowa, ought not to be granted. Md., 255; and that gen- 184; Kan. 197; Ky., 224; Me., 240; Md., 255; Mass., eral warrants, whereby any officer may be commanded 282; Mich., 314; Miss., 335; Nev., 380; N. H., 400; to search suspected places without evidence of the N. J., 412; Ohio, 433 ; Or., 448; Pa., 465; R. I., fact committed, or to seize any person or persons not 474; Tenn. 492 ; Tex., 517. [By a civil magistrate). named, whose offenses are not particularly described Del.. 117; N. H., 399. and supported by evidence, are dangerous to liberty, - That no citizen of this State shall be compelled to and shall not be granted. Ark., 84; 1., 165; (nearly bear arms, provided he will pay an equivalent, to be similar), N. C., 422; Va., 532; Vt., 522; Tenn., ascertained by law. Tenn., 492. 490.
– That the military is, and in all cases and at all Every subject has a right to be secure from all times, ought to be, in strict subordination to the unreasonable searches and seizures of his
his civil power; that no soldier can, in time of peace, be houses, his papers, and all his possessions; Therefore, quartered in any house without the consent of the All warrants to search suspected places, or arrest a owner; nor in time of war, but in such manner as person for examination or trial, in prosecutions for may be prescribed by law; nor can any appropriacriminal matters, are contrary to this right, if the tion for the support of an army be made for a longer cause or foundation of them be not previously sup- period than two years. Mo., 348. ported by oath or affirmation; and if the order in a --No standing army shall be kept up by this State warrant to a civil officer, to make search in sus- in time of peace. Cal., 96; Del., 111; Fl., 130; pected places, or to arrest one or more suspected per- Iowa, 184; Ky., 224; Me., 240. sons, or to seize their property, be not accompanied -- That standing armies are dangerous to liberty, and with a special designation of the persons or object of ought not to be raised or kept up without the consent search, arrest or seizure, and no warrant ought to be of the Legislature. Md., 255; N. H., 400; Pa., 468; issued but in cases and with the formalities prescribed Miss., 335; Va., 533; Nev., 380; Vt., 522. by law. N. H., 400.
-A well-regulated militia, being necessary to the security of a free State, the right of the people to
keep and bear arms, shall not be infringed. Ga , 142; MILITARY RIGHTS AND RESTRICTIONS. Va., 532.
--That a well-regulated militia is the proper and — The military shall in all cases and at all times be natural defense of a free government. Md., 255; N. kept in strict subordination to the civil power. Ark., H., 400. 85; Cal., 96; Ct., 108; Del., 117; Fl., 180; I., 166; —That the sure and certain defense of a free people Ind., 171'; lowa, 184; Ky., 224; íd., 255; Neb., 371; is a well-regulated militia; and, as standing armies .Md, ;
N. C., 422; Miss., 335; Or., 448; Pa., 468; W. Va., in time of peace are dangerous to freedom, they 547; Mich., 314; Min., 320; N. J., 412; R. I., 474; ought to be avoided, and as the circumstances and Nev., 380; N. H., 400; S. C., 487; Tex., 506; Wis., safety of the comiqunity will admit; and that in all 561; V., 522.
cases the military shall be kept in strict subordina-The law martial shall be used and exercised in such tion to the civil authority. Tenn., 491. cases only as occasion shall necessarily require. R. I., 474. -That every citizen has a right to bear arms in SLAVERY_RIGHTS OF COLORED PERSONS. defense of himself and the State. Ala., 74. -Every citizen has a right to keep and bear arms -Neither slavery nor involuntary servitude, unless for the common defense; and this right shall never for the punishment of crime, whereof the party shall be questioned. Me., 240; Pa., 468.
have been duly convicted, shall exist within the
United States, or any place subject to their jurisdic- white race, and they shall be subject to like penalties.
, tion. U. S., 20; (similar provision, with preambles Tex., 518. and provisos, in some). Ala., 74; II. ; Cal. 97; Fl., Africans and their descendants shall not be pro140; Ga., 143; III., 166; Ind., 171; Iowa, 184; Kan., hibited, on account of their color or race, from testi197 ; La., 225; Mich., 314; Md., 255; Miss., 343; Mo.
, fying orally, as witnesses, in any case, civil or 364; N. C., 431; Ohio, 413; Mo.. 346; Wis., 559; criminal, involving the right of injury to, or crime Neb., 370; Nev.,' 380; Tex., 518; Va., 357; R. I, against any of them, in person or property, under
, 473; Tenn., 503 ; Min., 319; Or., 459.
the same rules of evidence that may be applicable to - The Legislature shall make no law recognizing the the white race; the credibility of their testimony right of property in man. La., 225.
to be determined by the court or jury hearing the --No indenture of any negro or mulatto, made and same; and the Legislature shall have power to executed out of the bounds of the State, shall be authorize them to testify as witnesses in all other valid within the State. Ind., 171.
cases, under such regulations as may be prescribed, [A Constitutional guaranty of right of property in as to facts hereafter occurring. Tex., 518. the slave and its increase, and prohibition against --Any person who shall, after this Constitution shall their emancipation.] Ky., 221.
have gone into effect, detain in slavery any person --That no person can, on account of color, be dis- emancipated by the provisions of this Constitution, qualified as a witness; or be disabled to contract, shall, on conviction, be fined not less than five hundred otherwise than as others are disabled; or be pre- dollars nor more than five thousand dollars, or be vented from acquiring, holding and transmitting imprisoned not more than five years; and any of the property; or be liable to any other punishment for judges of this State shall discharge, on habras corpus, any offense, than that imposed upon others for a like any person so detained in slavery. Md., 266. offense; or be restricted in the exercise of religious --The General Assembly shall pass no law, nor make worship; or be hindered in acquiring education; or any appropriation to compensate the masters be subjected, in law, to any other restraints or dis- claimants of slaves emancipated from servitude by qualifications, in regard to any personal rights, than the adoption of this Constitution. Md., 264. such as are laid upon others under like circum- -- The General Assembly shall have no power to stances. Mo., 346.
make compensation for emancipated slaves. Mo., 354. --All contracts made with any negro or mulatto - The General Assembly shall
, at the first session coming into the State, contrary to the provision of under the amended Constitution, pass such laws as the foregoing section, shall be void; and any person will effectually prohibit free persons of color from who shall employ such negro or mulatto, or otherwise immigrating to and settling in this State; and effectencourage him to remain in the State, shall be fined ually prevent the owners of slaves from bringing in any sum not less than ten dollars nor more than them into this State for the purpose of setting them five hundred dollars. Ind., 180.
free. I1., 169. --Nor shall any male person arrived at the age of ---No negro or mulatto shall come into or settle in twenty-one years, nor female arrived at the age the State after the adoption of this Constitution. of eighteen years, be held to serve any person as a Ind., 180. servant, uuder any indenture or contract hereafter -All fines which may be collected for a violation of made, unless such person shall enter into such inden- the provisions of this article, or any law which may ture or contract while in a state of perfect freedom, hereafter be passed for the purpose of carrying the and on condition of a bona fide consideration same into execution, shall be set apart and approprireceived or to be received for their services. Ark., 88. ated for the colonization of such negroes and mulattoes -Nor shall any indenture of any negro or mulatto and their descendants, as may be in the State at the hereafter made and executed out of this State, or if adoption of this Constitution, and may be willing made in this State, where the term of service exceeds to emigrate. Ind., 180. one year, be of the least validity, except those given --All the inhabitants of the State, without distincin the case of apprenticeship, which shall not be for tion of color, are free, and shall enjoy the rights of a longer term than until the apprentice shall arrive at person and property, without distinction of color. the age of twenty-one years, if a male, or the age of Fl., 140. eighteen years, if a female. Ark., 88.
--Persons emancipated by ordinance can not be - The marriage relation between white persons and apprenticed except in pursuance of laws.
Mo., 362. persons of African descent is forever prohibited, and ---Courts of competent jurisdiction may apprentice such marriage shall be null and void; and it shall be minors of African descent on like conditions provided the duty of the General Assembly to enact laws for by law for apprenticing white children. Ve., 537. the punishment of any officer who shall knowingly --Nothing in this Constitution shall prevent the issue a license for the celebration of such marriage, or General Assembly from passing such laws in relation
officer or minister of the gospel who shall marry to the apprenticeship of minors, during their minority, such persons together. Ga., 150.
as may be necessary and proper. Di., 169. -It shall be the duty of the General Assembly, at its next session, and from time to time thereafter, to TREASON. -ATTAINDER. -- BANISHMENT.-enact such laws as will protect the freedmen of this
CONFISCATION OF ESTATES. State in the full enjoyment of all their rights of person and property, and guard them against any evils --Treason against the State shall consist only in levythat may arise from their sudden emancipation. ing war against it, adhering to its enemies, or giving Ala., 78.
them aid and comfort. [Mo., 343.) No person shall -Be it ordained, that on and after the ratificatiou of be convicted of treason unless on the evidence of two the Constitution, no person, save under the military witnesses to the same overt act, or confession in open arm of the Federal government, shall be permitted court. U. S., 16; Ala., 73; Ark., 93; Cal., 97; Cl., to bring within the limits of this State any indentured 113; Del., 121; Fl., 140; Ind., 171; Iowa, 184; Kan., or freed negro or mulatto; nor shall any negro or 197; Ky., 219; La., 233; Me., 240; Mich., 307; Miss., mulatto not now in the State be ever permitted to reside 342; Minn., 319; Neb., 374; Nev., 380 ; N. J.
, 412; within its limits, save by authority of the government Or., 443; Tex., 515; W. Va., 547; Wis., 560. of the United States, or under some proclamation of — Treason shall be punished, according to the characthe President. Ark., 95.
ter of the acts committed, by the infliction of one or -Africans and their descendants shall be protected more of the penalties of death, imprisonment, fine, in their rights of person and property by appropriate or confiscation of the real and personal property of legislation; they shall have the right to contract and the offender, as may be prescribed by law. W. be contracted with; to sue and be sued; to acquire, Va., 547. hold and transmit property; and all criminal prose- -No person shall be attainted of treason or felony cutions against them shall be conducted in the same by the Legislature. Cl., 108; ky., 224; Mass., 282; manner as prosecutions for like offenses against the Mo., 348; Pa., 465; V., 525.
$ 5. Excessive bail shall not be required nor excessive fines imposed(), nor
2 shall cruel and unusual punishments be inflicted (?), nor shall witnesses be
3 unreasonably detained(").
-No conviction can work corruption of blood; that law to inflict cruel and unusual pains and penalties
– That no attainder shall work corruption of blood; immovable possessions, shall have remedy by the due
when the judges of the court in which the cause is to -That the estates of suicides shall descend or vest as be tried, shall determine that an impartial trial therein cases of natural death; and if any person shall be for cannot be had in that county. Del., 116. killed by casualty, there shall be no forfeiture by --No person shall be subject to corporal punishment reason thereof. Miss., 335; Tenn., 491.
under military law, except such as are employed in -No person shall be attainted of treason or felony the army or navy, or in the militia when in actual by the Legislature. Ct., 108; Mass., 282.
service, in time of war, or public danger. Me., 240; - That no person shall be liable to be transported out Tenn., 491. of this State for any offense committed within the -All punishments ought to be proportioned to the
II., 166; kan., 197; Vt., 522; Ohio, 433. offense. Or., 448; R. I., 473. No person shall be transported out of the State -No wise Legislature will affix the same punishment for any offense committed within the same; and no to the crimes of theft, forgery, and the like, which conviction shall work corruption of blood, or forfeit- they do to those of murder and treason. Where the ure of estate. Ohio, 433.
same unaistinguishing severity is exerted against all -That no conviction shall work corruption of blood offenses, the people are led to forget the real distincnor shall there be any forfeiture of the estate of any tion in the crimes themselves, and to commit the person for any crime, except treason, and then only most flagrant with as little compunction as they do on conviction. Md., 255.
the lightest offenses. For the same reason a multi- That no conviction shall work corruption of blood tude of sanguinary laws is both impolitic and unjust; or forfeiture of estate, under any law of this State. the true design of all punishinents being to reform, Ala., 73 ; Ark., 84; Fl., 129; Ga, 142; III., 166 ; not to exterminate mankind. N. H., 400. Ind., 171; Kan., 197; Ky, 224; Me., 270; Mo., 348; -All prisoners shall be bailable by sufficient sureties, Or., 448; Tenn., 419.
unless for capital offenses, when the proof is evi---That no law to attaint particular persons of treason dent, but this provision shall not be so construed as or felony ought to be made in any case, or at any to prohibit bail after indictment found, upon an time hereafter. Md., 254.
examination of the evidence by a Judge of the - The Legislature shall have power to declare the Supreme or District Court, upon the return of a writ punishment of treason; but no attainder of treason of habeas corpus, returnable in the county where the shall work corruption of blood or forfeiture, except offense is committed; (or to such other counties as during the life of the person attainted. La., 233. the same may by consent of parties be made return
able). Ter., 506. (1). Ala., 73; Ark., 84; Cl., 108; Fl., 129; -All prisoners shall be bailable by sufficient sureties, Ind., 255; Mass., 282.
unless for capital offenses, when the proof is positive (2). Cal., 96; Del., 217; Ga., 142; Iowa, 184; Kan., or the presumption great; [10., 347; Miss., 335; 197 ; Me., 240; Nev., 379; Neb., 370.
Nev., 379; N. C, 426; 01., 447]; and when persons are (3). Fi, 129; ind., 170; La., 233; Miss., 337; confined on accusation for such offenses, their friends Min., 317 ; Mo., 347; N. C., 422; N. J.
, 412; Wis., and counsel may at proper seasons have access to 560; Va., 532; S. C., 488; N. H., 400; Pa., 468; them. Del., 117. R. I., 473; Tenn., 491; Or., 448; Ohio, 432; Tex., -All prisoners shall, before conviction, be bailable, 506; W. Vu., 547.
by sufficient sureties, except for capital offenses,
where the proof is evident, or the presumption great; EXCESSIVE BAIL.-PUNISHMENT FOR CRIMES.
and the privileges of the writ of habeas corpus shall
not be suspended, unless when in case of rebellion or -That all prisoners shall be bailable by sufficient invasion, the public safety may require it, nor in any securities, unless in capital offenses, where the proof case but by the Legislature. Ct., 108; substantially
., is evident or the presumption great. Ala., 73; Ark., similar, Fl., 129 ; Me., 240; R. I. 473. 84; Cal., 96; Il., 166; Iowa, 184; Kan., 197 ; Ky., -All persons shall be bailable by sufficient sureties, 224; Mich., 307; Ohio, 432; Pa., 468.
unless for capital offenses, where the proof is evident -That all penalties shall be reasonable, and propor- or presumption great; or, unless after conviction for tioned to the nature of the offense. Ark., 84 ; Ind., any offense or crime punishable with death or impris170; Ili., 166; La., 233; Me., 240; W. Va., 547. onment at hard labor. La., 233. -The true design of all punishment being to reform, - No person, before conviction, shall be bailable for any not to exterminate mankind. II., 166.
of the crimes which now are or have been denominated --The penal code shall be founded on the principles capital offenses since the adoption of the Constitution, of Reformation, and not of vindictive justice. Ind., when the proof is evident or the presumption great, 170; Or., 448.
whatever the punishment of the crime may be. Me.,252. -And all prisoners, unless in execution, or com- --No person can in any case be subjected to lawmitted for capital offenses, when the proof is evident martial, or to any penalties or pains, by virtue of that or presumption great, shall be bailable, by sufficient law, except those employed in the army or navy, [Vt., sureties; nor shall excessive bail be exacted for bail- 522; N. I., 401], and except the militia in actual able offenses.
service, but by authority of the Legislature. Mass., -Sanguinary laws shall not be passed. Me., 240.
282. —That sanguinary laws ought to be avoided as far as -- In the construction of jails, a proper regard shall it is consistent with the safety of the State; and no be had to the health of prisoners. Del., 117; Pa., 468.
$ 6. No person shall be held to answer for a capital or otherwise infamous
2 crime (except in cases of impeachment, and in cases of militia when in active ()
3 service; and the land and naval forces in time of war, or which this State may
4 keep, with the consent of Congress, in time of peace, and in cases of petit larceny,
5 under the regulation of the Legislature), unless on presentment or indictment
6 of a grand jury; and in any trial in any court whatever, the party accused
7 shall be allowed to appear and defend in person and with counsel as in civil
8 actions.(*) No person shall be subject to be twice put in jeopardy(?) for the same 9 offense; nor shall he be compelled in any criminal case to be a witness against
a 10 himself,(*) nor be deprived of life, liberty or property without due process of law; 11 nor shall private property be taken for public use, without just compensation. (*)
-No person arrested or confined in jail shall be sional employment. No person shall be imprisoned treated with unnecessary rigor. Tenn., 491.
for a militia fine in time of peace. Mich., 307. -No commission of oyer and terminer or jail delivery –The privilege of the debtor to enjoy the necessary shall be issued. Del., 117.
comforts of life shall be recognized by wholesome --That no person, except regular soldiers, mariners, laws, exempting a reasonable amount of property and marines in the service of this State, or militia from seizure or sale, for the payment of any debt or when in actual service, ought in any case to be sub- liability hereafter contracted. Wis., 560. ject to, or punishable by, martial law. Md., 255. —The privilege of the debtor to enjoy the necessary
comforts of life shall be recognized by wholesome
laws, exempting a reasonable amount of property IMPRISONMENT FOR DEBT.
from seizure or sale for payment of any debts or lia
bilities hereafter contracted; and there shall be no No person shall be imprisoned for debt [Tex., 506] imprisonment for debts except in cases of fraud, libel, in any civil action on mesne or final process, unless or slander, and no person shall be imprisoned for a in cases of fraud [Neb., 371; Ohio, 433; Kan., 197;] militia fine in time of peace. Nev. 380. and no person shall be imprisoned for a militia fine in --No person shall be imprisoned for debt in this time of peace. Cal., 97; Iowa, 184.
State, but this State shall not prevent the Legislature - That imprisonment for debt cannot exist in this from providing for imprisonment, or holding to bail State, except for fines or penalties imposed for viola
persons charged with fraud in contracting said debt. tion of law. Mo., 348.
A reasonable amount of property shall be exempt ---No
person shall be imprisoned for debt. Md., 246. from seizure or sale, for the payment of any debt or -& 11. Imprisonment for debt shall not be allowed liability; the amount of such exemption shall be in this State, except when an allegation of fraud on determined by law. Min., 320. the part of the debtor shall be clearly proved. --The person of a debtor shall not be detained in Ark., 93.
prison, after delivery, for the benefit of his creditors -In any action, or in any judgment founded upon of all his estate, not expressly exempted by law contract, unless in cases of fraud; nor shall any per- from levy and sale. Ga., 143. son be imprisoned for a militia fine in time of peace. -No person shall be imprisoned for debt, unless upon N. J., 412
refusal to deliver up his estate for the benefit of his -Except in cases of fraud or absconding debtors. creditors, in such manner as shall be prescribed by Or., 448.
law, or in cases where there is strong presumption of --That the person of a debtor, when there is not
fraud. Ill., 166. strong presumption of fraud shall not be detained in
-The privilege of the debtor to enjoy the necessary prison, after delivering up his estate for the benefit of comforts of life, shall be recognized by wholesome his creditors
, in such manner as shall be prescribed laws, exempting a reasonable amount of property by law. Miss. 335; Ky., 224.
from seizure or sale for the payment of any debt or - That the person of a debtor, where there is not liability hereafter contracted; and there shall be no strong presumption of fraud, shall not be continued imprisonment for debt, except in case of fraud. in prison after delivering up his estate for the benefit Ind., 170. of his creditor or creditors in such manner as shall be prescribed by law. Ala., 73; Tenn., 491.
That the person of a debtor, where there is not strong persumption of fraud, shall not be continued in prison after delivering up his estate for the benefit (1) [Actual.] N. Y., (1821) 42. of his creditors in such manner as shall be prescribed (2) In every trial on impeachment or indictment, by law. Pa., 468; R. I., 473; V., 526.
the party accused shall be allowed counsel as in
Me., 240; Tenn., 491; Miss., 335; Tex., 506; 'U. s.,
above noted. 'Also, Cal., 96; Nev., 360.
SECOND TRIAL-RIGHT OF SPEEDY TRIAL. for obtaining witnesses in his favor. Ind., 170
Kan., 197. - That no person, after having been once acquitted --All offenses less than felony, and in which the punby a jury, can, for the same offense, be again put ishment does not exceed a fine of one hundred dollars, in jeopardy of life or liberty ; but if, in any criminal or imprisonment for thirty days, shall be tried sumprosecution, the jury be divided in opinion, the marily before a Justice of the Peace, or other officer court before which the trial shall be had may, in its authorized by law, on information under oath, withdiscretion, discharge the jury, and commit or bail the out indictment or the intervention of a grand jury, accused for trial at the next term of said court. Mo., saving to the defendant the right of appeal; and no 347.
person shall be held to answer for any higher criminal -No person, for the same offense, shall be twice put offense, unless on presentment or indictment by a in jeopardy of life or limb; nor shall a person be grand jury, except in cases arising in the army or again put upon trial for the same offense, after a navy, or in the militia when in actual service, in time verdict of not guilty; and the right of trial by jury of war or public danger. Iowa, 184. shall remain in violate. Ter., 506,
-All persons, for injuries suffered in person, reputa--No subject shall be liable to be tried, after an tion, or property, shall have remedy by due course of acquittal, for the same crime or offense. Nor shall law, and justice administered without delay. kan., the Legislature make any law that shall subject any 197; substantially the same, Me., 240. person to a capital punishment (except for the - That every man, for any injury done to him in his government of the army and navy, and militia in person or property, ought to have remedy by the actual service) without trial by jury. N. I., 399. course of the law of the land, and ought to have --- That no person shall for any indictable offense, be justice and right freely without sale, fully without proceeded against criminally by information; except any denial, and speedily without delay, according to in cases arising in the land or naval forces, or in the the law of the land. J., 254. militia when in actual service in time of war or -Every subject of the Commonwealth ought to find public danger; or by leave of the court for oppression a certain remedy, by having recourse to the laws, for and misdemeanor in office. No person shall for the all injuries or wrongs which he inay receive in his same offense be twice put in jeopardy of life or limb; person, property or character. He ought to obtain nor shall any man's property be taken, or applied to right and justice freely, and without being obliged to public use, without the consent of his representa- purchase it; completely, and without any denial; tives, and without just compensation being made. promptly, and without delay, conformably to the Pa., 467.
laws. Mass., 281. -No person shall be held to answer for a criminal -No person shall be debarred from prosecuting or offense, unless on the presentment or indictment of a defending any civil cause for or against him or hergrand jury, except in cases of impeachment, or in self before any tribunal in this State, by him or cases cognizable by Justices of the Peace, or arising herself, or counsel or both. Miss., 335. in the army or navy, or in the militia when in actual -No subject shall be held to answer for any crime service in time of war or public danger; and no per- or offense until the same is fully and plainly, subson for the same offense shall be put twice in stantially and formally described to him; or be jeopardy of punishment, nor shall be compelled compelled to accuse or furnish evidence against himin any criminal case to be a witness against himself. self. And every subject shall have a right to produce All persons shall
, before conviction, be bailable by all proofs that may be favorable to himself; to meet sufficient sureties, except for capital offenses, when the witnesses against him face to face, and to be fully the proof is evident or the presumption great; and heard in his defense by himself and counsel. And no the privilege of the writ of habeas corpus shall not be subject shall be arrested, imprisoned, despoiled or suspended unless when, in case of rebellion or inva- deprived of his property, immunities or privileges, sion, the public safety may require.
put out of the protection of the law, exiled, or -No person shall, after acquittal, be tried for the deprived of his life, liberty, or estate, but by the same offense. All persons shall, before conviction, judgment of his peers, or the law of the land. N. H., be bailable by sufficient sureties, except for capital 399. offenses, when the proof is evident or presumption -No man in a court of common law, shall be comgreat. N. J., 412.
pelled to give evidence criminating himself. R. I., --No person shall be put in jeopardy of life or liberty 473. more than once for the same offense, save on his or - That no freeman shall be taken, imprisoned, or her own motion for a new trial after conviction, or in disseized of his freehold, liberties or privileges, case of a mis-trial. Ga., 142.
or outlawed or exiled, or in any manner destroyed - Prosecutions shall be by indictment or information. or deprived of his life, liberty or property, but by the The accused shall have a speedy public trial, by an law of the land. Fl., 129. impartial jury of the parish in which the offense shall --That no man shall be put to answer any criminal have been committed. He shall not be compelled to charge, but by presentment, indictment or impeachgive evidence against himself; he shall have the right ment, except as hereinafter provided. Ark., 84. of being heard, by himself or counsel; he shall have -No person shall be arrested, detained or punished, the right of meeting the witnesses face to face, and except in cases clearly warranted by law. "Ct., 107. shall have compulsory process for obtaining witnesses --In ali criminal prosecutions the accused shall have in his favor. He shall not be twice put in jeopardy a right to be heard by himself and by counsel (or for the same offense. La., 233.
both. Fl.]; to demand the nature and cause of the --No
person shall for any indictable offense be pro- accusation; to be confronted by the witnesses against ceeded against criminally by information, except in him; to have compulsory process to obtain witnesses cases arising in the land and naval forces, or in the in his favor; and in all prosecutions by indictment or militia when in actual service in time of war or pub- information for presentment. Fl.), a speedy public lic danger, and no person shall be for the same offense trial by an impartial jury [of the county or district twice put in jeopardy of life or limb; nor shall any where the offense was committed. Fl.] He shall man's property be taken or applied to public use not be compelled to give evidence against himself, without the consent of his representatives, and with- nor be deprived of life, liberty or property but by out compensation being made. Del., 116.
due course of law. And no person shall be holden -In all criminal prosecutions the accused shall have to answer for any crime the punishment of which the right to a public trial by an impartial jury, in the may be death or imprisonment for life, unless on a county in which the offense shall have been com- presentment or an indictment of a grand jury, except mitted; to be heard by himself and counsel ; to in the land or naval forces, or in the militia, when in demand the nature and cause of the accusation against actual service, in time of war, or public danger. Ct., him, and to have a copy thereof; to meet the wit- 107; (substantially similar), U. S., 19; Me., 239; Ohio, nesses face to face, and to have compulsory process 432; Ark., 81; Del., 116; 111., 166; Kan., 197; Iowa,