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continuance of those blessings to us and our posterity, do, for the more certain security thereof, and for the better government of this State, ordain and establish this revised and amended Constitution. Mo., 346.
-That the general, great, and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and government of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare: Mo. 346.
-Grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this Constitution. Neb. 370; (nearly identical), Nev. 379; Ohio, 432; Wis. 559. -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 transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution. N. J., 411.
-That the general, great and essential principles of liberty and free government may be recognized and established, we declare. Miss., 334.
-Acknowledging, with gratitude the grace and beneficence of God in permitting us to make a choice of our form of government, do ordain and establish this Constitution. Tex., 505.
That the general, great and essential principles of liberty and free government may be recognized and established, we declare. Ala., 72; Ct., 107; Fl., 129; Il. 165; Pa., 467; Tex., 505; Tenn., 490.
[A simple declaration of establishment] Del., 116; Pa. 461; S. C., 482.
[Authority of U. S., recited.] Tenn., 490. [No preamble.] Cal., La., Md., Mich., N. H., N. C., R. I., Vt., Va., W. Va.
-The free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all the privileges of free citizens. Art. Confed., 3.
-All men are born free and equal, and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Mass., 280; (nearly similar) Neb., 370; Nev., 379; N. H., 398; N. J., 412; Ohio, 432; Pa., 467; Vt., 521; Va., 531; Wis., 559.
-Therefore, no male person, born in this country, or brought from over sea, ought to be holden, by law, to serve any person, as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent after they arrive to such age, or bound by law for the payment of debts, damages, fines, costs or the like.
-No attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in case of natural death, and if any person be killed by accident, no forfeiture shall be thereby incurred. Del., 117.
-The estate of such persons as may destroy their own lives shall not for that offense be forfeited, but descend or ascend in the same manner as if such person had died in a natural way. Nor shall any article which shall accidentally occasion the death of any person be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. N. H., 409; Vt. 526.
--That the estates of suicides shall descend, or vest, as in cases of natural death; and that, if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Ala., 73; Ky., 224.
-Emigration from the State shall not be prohibited. Ala., 74; Ind., 171; Ky., 224; Or., 448; Pa., 463. -Nor shall any free white citizen of this State ever be exiled under any pretence whatever. Miss., 335. -That all the people have a natural and inherent right to emigrate from one State to another that will receive them. Vt., 522.
-No capitation or other direct tax shall be laid' unless in proportion to the census or enumeration herein before directed to be taken. U. S., 13. --The General Assembly shall have power to authorize the levying of a capitation tax. Fl., 137.
Capitation tax shall be equal throughout the State, upon all individuals subject to the same. N. C., 430. -No poll-tax shall be assessed for other than county purposes. Ark., 93.
--The General Assembly may, whenever they shall deem it necessary, cause to be collected from all ablebodied, free white male inhabitants of this State, over the age of twenty-one years and under the age of sixty years, who are entitled to the right of suffrage, a capitation tax of not less than fifty cents, nor more than one dollar each. Ill., 163.
That the levying of taxes by the poll is grievous and oppressive, and ought to be prohibited; that paupers ought not to be assessed for the support of the Government, but every other person in the State, or persons holding property therein, ought to contribute his proportion of public taxes for the support of Government, according to his actual worth in real or personal property; yet fines, duties or taxes may properly and justly be imposed or laid with a political view, for the good government and benefit of the community. Md., 254.
-No special privileges or immunities shall ever be granted by the Legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency. Kan., 197.
-That a long continuance in the Executive Departments, of power or trust, is dangerous to liberty; a rotation, therefore, in those departments, is one of the best securities of permanent freedom. Md. 255. -Government is instituted for the common good; for the protection, safety prosperity and happiness of the people; and not for the profit, honor or private interest of any one man, family or class of men; therefore, the people alone have an incontestable, unalienable and indefeasible right to institute government, and to reform, alter or totally change the same, when their protection, safety, prosperity and happiness require it. Mass., 280; (nearly similar), Min., 319; Nev., 379; Vt., 520; Va., 531; N. H., 399. -No man, nor corporation or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what rises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children or descendants, or relations by blood, the idea of a man born a magistrate, law-giver or judge, is absurd and unnatural. Mass., 280.
-No title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or confirmed; nor shall any office be created, the appointment to which shall be for a longer time than during good behavior. Me., 240.
-No office or place whatsoever in government shall be hereditary-the abilities and integrity requisite in all not being transmissible to posterity or relations. N. H., 399.
-That the Legislature shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment of which shall be for a longer term than during good behavior. Pa., 468; S. C., 488. -No title of nobility shall be granted; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince, or foreign State. U. S., 13.
-That no person ought to hold at the same time more than one office of profit created by the Constitution or Laws of this State; nor ought any person in public trust to receive any present from any foreign prince, or State, or from the United States, or any of them, without the approbation of this State. Md., 255.
-No hereditary emoluments, privileges or honors shall ever be granted or conferred in this State. Ct., 108; (nearly similar), F., 130; Kan., 197; Ky., 224; N. C., 422; Or., 448.
-No hereditary distinction shall be granted, nor any office created or exercised, the appointment to which shall be for a longer term than during good behavior; and no person holding any office under this State, shall accept of any office or title of any kind whatever, from any king, prince, or foreign State. Del., 117.
-That no title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment of which shall be for a longer term than during good behavior. Ala., 74. -That no title of nobility or hereditary honors ought to be granted in this State. Md., 256; Ind., 171. -All freemen, when they form a social compact, have equal rights; and no man, or set of men, is entitled to exclusive, separate public emoluments or privileges, but in consideration of public services. Ky., 223; Tex., 505.
-Economy being a most essential virtue in all States, especially in a young one; no pension should be granted but in consideration of actual services; and such pension ought to be granted with great caution by the Legislature, and never for more than one year at a time. N. H., 401.
its Constitutional powers as the same have been or
-All political power is inherent in the people, and
-That we hold it to be self-evident that all men are created equally free; that they are endowed by their Creator with certain unalienable rights, among which are life, liberty, the enjoyment of the proceeds of their own labor, and the pursuit of happiness. Md., 253. citi-That the people of this State, by their legal Representatives, have the sole, inherent and exclusive right of governing and regulating the internal police of the same. Vt., 521.
-The powers of government reside in all the
-None but citizens of the United States shall be
-That absolute, arbitrary power over the lives, liberty, and property of freemen, exists nowhere in a republic--not even in the largest majority. Ky., 223. -No authority shall, on any pretense whatever, be exercised over the people or members of this State, but such as shall be derived from and granted by them. N. Y. (1777), 26.
-The people of this State have the sole and exclusive right of governing themselves as a free, sovereign and independent State, and do, and forever hereafter shall exercise and enjoy every power, jurisdiction and right pertaining thereto, which is not or may not hereafter be by them expressly delegated to the United States of America, in Congress assembled. N. H., 399.
-Nor are the people bound by any law but such as they have in like manner assented to, for their common good. Vt., 522.
-That every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and that no law or ordinance of this State in contravention or subversion thereof can have any binding force. Mo., 346.
-That this State shall ever remain a member of the American Union; that the people thereof are a part of the American nation; and that all attempts, from whatever source and upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted with the whole power of the State. Mo., 346. -The Constitution of the United States and the laws made in pursuance thereof being the supreme law of the land, every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and is not bound by any law or ordinance of this State in contravention or subversion thereof. Md., 254.
-But the paramount allegiance of every citizen is due to the Federal government, in the exercise of all
-That all government of right originates from the
-All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive or judicial, are the substitutes and agents, and are at all times accountable to them. Mass., 280.
-All men are by nature free and independent, and
-When men enter into a state of society they surrender up some of their natural rights to that society, in order to procure the protection of others, and without such equivalent the surrender is void. N. H., 398.
-Through Divine goodness all men, have, by nature,
1 § 2. The trial by jury in all cases in which it has been heretofore used, shall 2 remain inviolate forever ('); but a jury trial may be waived by the parties in
3 all civil cases in the manner prescribed by law.(2)
and protecting reputation and property, and, in general of attaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for the due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness: And they may for this end, as circumstances require, from time to time, alter their Constitution of government. Del., 116. -The General Assembly shall not grant to any citizen, or class of citizens, privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens. Ind, 171.
-That no man, and no set of men, are entitled to exclusive, separate public emoluments or privileges, but in consideration of public services. Ala., 72; Tex., 508; Va., 531; N. C., 421.
-The Legislature shall pass no law requiring a property qualification for office. La., 235.
-We declare that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety and well being. For the advancement of these ends, the people have, at all times, an indefeasible right to alter and reform their government. Ind. 170.
-All political power is inherent to the people. Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. Cal., 96; (nearly similar) Iowa, 183; Kan., 197; Ky., 223; Miss., 334; N J., 412; Or., 447; R. I., 473; Tenn., 490; Va., 531; Vt., 521. -That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness. Ill, 165; Me., 239.
-They have, therefore, an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it. Me., 239.
-That all persons invested with the Legislative or Executive powers of Government are the trustees of the public, and as such accountable for their conduct; wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may and of right ought to reform the old or establish a new government. The doctrine of nonresistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind. Md., 254.
That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and forin of government, whenever it inay be necessary to their safety and happiness; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States. Mo., 346.
-That every foreigner who comes to settle in this State, having first taken an oath of allegiance to the same, may purchase, or, by other just means, acquire, hold, and transfer land, or other real estate, and after one year's residence be deemed a free citizen. N. C., 426.
Naturalization of foreigners allowed. (1777), 33.
That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that,
therefore, they have at all times an inalienable and indefeasible right to alter, reform or abolish their form of government in such manner as they may deem expedient. Ala. 72; (substantially similar), Ark. 84; Ct. 107; Fl. 129.
RIGHT OF TRIAL; TRIAL BY JURY.
(1) [Thus far in Constitution of 1821, with the following addition:] "And no new court shall be instituted, but such as shall proceed according to the course of the common law; except such courts of equity, as the Legislature is herein authorized to establish." P. 41.
(2) [Similar provision], N. Y., (1777), and Minn., 319; Mich., 307; Nev. 379.
--The Legislative Assembly shall so provide that the most competent of the permanent citizens of the county shall be chosen for jurors; and out of the whole number in attendance at the court, seven shall be drawn by lot as grand jurors, five of whom must concur to find an indictment; but the Legislative Assembly may modify or abolish grand juries. Or.,454,
The right of trial by jury shall remain inviolate; and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law. Wis. 560.
That the inhabitants of are entitled to the common law of England, and the trial by jury according to the course of that law, and to the benefit of such of the English statutes as existed on the fourth day of July, seventeen hundred and seventy-six, and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the courts of law or equity, and also of all acts of Assembly in force on the first day of June, eighteen hundred and sixty-four, except such as may have since expired or may be inconsistent with the provisions of this Constitution, subject, nevertheless, to the revision of and amendment or repeal by the Legislature of this State; and the inhabitants are also entitled to all property derived to them from or under the charter granted by His Majesty Charles the First. Md., 253.
--That no person shall be accused, arrested, or detained, except in cases ascertained by law, and according to the forms which the same has prescribed; and that no person shall be punished, but by virtue of a law established and promulgated prior to the offense, and legally applied. Ala., 73.
-That the right of trial by jury shall remain inviolate; and shall extend to all cases at law, without regard to the amount in controversy. Ill., 165.
-That the trial of facts where they arise is one of the greatest securities of the lives, liberties and estate of the people. Md, 254.
-No person shall be held to answer for treason, felony or other crime not cognizable by a justice, unless on presentment or indictment of a grand jury. W. Va., 547.
-The Legislature may authorize a trial by a jury of a less number than twelve men. Mich., 304. -No person shall be deprived of life, liberty, or property, except by due process of law. Ga., 142.
In criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty and property of the citizens. Mass., 251.
-That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution. Ky., 223.
The Jurors of this State shall be white men, pos
sessed of such qualifications as may be prescribed by law. Fl., 140.
-Trials of issues proper for the cognizance of a jury, in the Supreme and County Courts, shall be by jury, except where the parties otherwise agree; and great care ought to be taken to prevent corruption, or partiality, in the choice and return, or appointment of juries. Vt., 526.
-That no person shall be debarred from prosecuting or defending, before any tribunal in this State, by himself or counsel, any civil cause to which he is a party. Ala., 73.
-Every court in which any person shall be summoned to serve as a grand or petit juror, shall require him, before he is sworn as a juror, to take such oath, in open court; and no person refusing to take the same shall serve as a juror. Mo., 350.
-No fine shall be laid on any citizen of this State, that shall exceed fifty dollars; unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars. Tenn., 497. -In all cases of law or equity, where the matter in controversy shall be valued at or exceed twenty dollars, the right of trial by jury shall be preserved. Tex., 512.
-That no freeman shall be imprisoned, or disseized of his freehold, liberties, or privileges,, or outlawed or exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land. Ill., 166; Md., 255; (nearly similar), N. C. 422; Tex. 506.
-That when any issue in fact, proper for the cognizance of a jury, is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred. Vt., 522.
-No person shall be held to answer for an offense unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger. Me., 240; N. J., 412; R. I., 473; Provided, That Justices of the Peace shall try no person, except as a court of inquiry, for any offense punishable with imprisonment or death, or fine above one hundred dollars. Il. 166.
-That no freeman shall be put to answer any criminal charge but by presentment, indictment, or impeachment. Tenn., 491; N. C., 422.
-The trial of crimes and misdemeanors, unless herein otherwise provided, shall be by jury, and shall be held publicly and without unreasonable delay, in the county where the alleged offense was committed, unless upon petition of the accused and for good cause shown, or in consequence of the existence of war or insurrection in such county, it is removed to, or instituted in, some other county. In all such trials the accused shall be informed of the character and cause of the accusation, and be confronted with the witnesses against him, and shall have the assistance of counsel for his defense, and compulsory process for obtaining witnesses in his favor. W. Va., 547. -In all criminal cases whatever the jury shall have the right to determine the law and the facts. Ind., 170. Under the direction of the court as to the law, and the right of new trial, as in civil cases. 448.
-In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practiced, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the Legislature shall hereafter find it necessary to alter it. Mass. 281. -Every man being presumed innocent, until he is pronounced guilty by the law, no act of severity which is not necessary to secure an accused person shall be permitted. R. I., 473.
-The right of trial by jury shall remain inviolate; Ala., 73; Ct, 108; but the General Assembly may
authorize trial by a jury of a less number than twelve men in inferior courts; Neb., 370; but no person shall be deprived of life, liberty, or property, without due process of law. Iowa, 183.
That every freeman restrained of his liberty is entitled to a remedy, to inquire into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy ought not to be denied or delayed. N. C., 422.
-Every person is entitled to a certain remedy in the laws, for all injuries or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely and without being obliged to purchase it; completely and without denial; promptly and withont delay, conformably to the laws. Min. 319; N. H., 399; R. I., 473; Vt., 521; Wis., 560.
The Legislature shall provide by law a suitable and impartial mode of selecting juries; and their usual number and unanimity, in indictments and convictions, shall be held indispensable. Me., 240. -That no freedman shall be convicted of any crime, but by the unanimous verdict of a jury of good and lawful men, in open court, as heretofore used. N. C., 422.
-In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced; the party claiming the right may be heard by himself and his counsel, or either, at his election. Me., 240.
-It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the Judges of the Supreme Judicial Court should hold their offices as long as they behave themselves well, and that they should have honorable salaries ascertained and established by standing laws. Mass., 282.
That no person shall be put to answer any criminal charge, but by presentment, indictment or impeachment, except in such cases as the Legislature shall otherwise provide; but the Legislature shall pass no law whereby any person shall be required to answer any criminal charge involving the life of the accused, except upon indictment or presentment by a Grand Jury. Fl., 129.
-In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense. Mich., 307.
That, in all criminal prosecutions, the accused has a right to be heard by himself and counsel, to demand the nature and cause of the accusation, to have a copy thereof, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy public trial by an impartial jury of the county or district in which the offense was committed; and that he shall not be compelled to give evidence against himself, nor be deprived of his life, liberty or property, but by due course of law. Ala., 73; (nearly similar), Ky., 223. --That all courts shall be open; and that every person, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due course of law, and right and justice administered, without sale, denial or delay. Ala., 73; Ky., 223.
The statutes of limitations shall not be pleaded upon any claim in the hands of any person whomsoever, not sued upon when such claim was not barred by the statutes of limitation on the 10th day of January, 1861. Fl., 141.
-No law of this State providing that claims or demands against the estates of decedents shall be barred if not presented within two years, shall be considered as being in force within this State between the 10th day of January, 1861, and the 25th day of October, 1865. Fl., 141.
In all criminal prosecutions and in cases involving the life or liberty of an individual, the accused shall
to be described by law; and in civil cases if threefourths of the jury agree upon a verdict, it shall stand and have the same force and effect as a verdict by the whole jury: Provided, The Legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdict notwithstanding this provision. Nev., 379.
but the Legislature may authorize the trial of civil suits, when the matter in dispute does not exceed fifty dollars, by a jury of six men. N. J., 412.
have a right to a speedy and public trial by an impar--The right of trial by jury shall remain inviolate; tial jury; to be informed of the accusation against him; to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and to have the assistance of counsel. Neb., 370. -That in all prosecutions for criminal offenses, a person hath a right to be heard, by himself and his counsel; to demand the cause and nature of his accusation; to be confronted with the witnesses; to call for evidence in his favor, and a speedy public trial by an impartial jury of the country, without the unanimous consent of which jury, he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any person be justly deprived of his liberty except by the laws of the land, or the judgment of his peers. Vt., 522.
-That, in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred. Va., 532.
-In suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury, if required by either party, shall be preserved. No fact tried by a jury shall be otherwise re-examined in any case than according to the rules of the common law. W. Va., 547.
-The trial by jury, as heretofore used in this State, and the liberty of the press, shall be forever inviolably preserved. But the General Assembly shall have power to determine the number of persons who shall constitute the jury in the inferior and District Courts. S. C., 488.
-No person shall be taken, or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty or property, but by due process of law; nor shall any bill of attainder, ex post facto law, or law impairing the obligation of contracts, ever be passed by the General Assembly. S. C., 487.
-That no freeman shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land. Tenn., 491.
-No person, in time of peace, shall be deprived of life, liberty or property without due process of law. W. Va., 547.
--In order to reap the fullest advantage of the inestimable privilege of the trial by jury, great care ought to be taken that none but qualified persons should be appointed to serve; and such ought to [be] fully compensated for their travel, time and attendance. N. H., 400.
-That no person can, for an indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in the time of war or public danger, or by leave of court, for oppression or misdemeanor in office. Mo., 347.
-That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable. N. C., 422.
-The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases, in the manner
In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practiced, the parties have a right to trial by jury; and this method of procedure shall be held sacred, nnless, in cases arising on the high seas, and such as relate to mariners' wages, the Legislature shall think it necessary hereafter to alter it. N. H., 400. -In criminal prosecutions, the trial of the facts in the vicinity where they happen is so essential to the security of the life, liberty and estate of the citizen, that no crime or offense ought to be tried in any other county than that in which it is committed; except in cases of general insurrection in any particular county, when it shall appear to the Judges of the Superior Court that an impartial trial cannot be had in the county where the offense may be committed, and upon their report, the Legislature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained. N. H., 400. -That no person shall, for any indictable offense, be proceeded against criminally by information; except in cases arising in the land or naval forces, or in the militia when in actual service, or by leave of the court, for misdemeanor in office. Provided, That the Legislature in case of petit larceny, assault, assault and battery, affray, riot, unlawful assembly, drunkenness, vagrancy, and other misdemeanors of like character, may dispense with an inquest of a grand jury, and may authorize prosecutions before Justices of the Peace, or such other inferior court or courts as may be established by the Legislature; and the proceedings in such cases shall be regulated by law. Miss., 335; (nearly similar), Ala., 73. -No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury except in cases of impeachment, or in cases cognizable by Justices of the Peace, or arising in the army or navy, or in the militia, when in actual service in time of war, or public danger; and no person for the same offense shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require. Neb., 370.
-The House of Delegates may inquire, on the oath of witnesses, into all complaints, grievances and offenses, as the Grand Inquest of the State, and may commit any person, for any crime, to the public jail, there to remain until discharged by due course of law; they may examine and pass all accounts of the State, relating either to the collection or expenditure of the revenue, and appoint auditors to state and adjust the same; they may call for all public or official papers and records, and send for persons whom they may judge necessary in the course of their inquiries concerning affairs relating to the public interest, and may direct all office bonds, which shall be made payable to the State, to be sued for any breach thereof. Md., 262.