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CONSTITUTION

OF THE

STATE OF NEBRASKA.

STATE

CONSTITUTION

OF THE

OF NEBRASKA.

PREAMBLE.

We, the people of Nebraska, 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.

ARTICLE I.

Preamble.

DECLARATION OF RIGHTS.

SECTION 1. All men are born equally free and inde- Equal rights. pendent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

hibited.

SEC. 2. There shall be neither slavery nor involuntary Slavery proservitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted. SEC. 3. Every person may freely speak, write and pub- Freedom of lish his sentiments on all subjects, being responsible for press. the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In

speech and the

Rights of the people.

Trial by jury.

Persons bailable.

Impartial tri: 1 guaranteed.

Indictment by grand jury necessary.

all criminal prosecutions or indictments for libel the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

SEC. 4. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

SEC. 5. The right of trial by jury shall remain inviolate, but the legislature may authorize trial by a jury of a less number than twelve men, in inferior courts.

SEC. 6. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines sual punishments inflicted.

imposed, nor cruel and unu

SEC. 7. In all criminal prosecutions and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial 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.

SEC. 8. 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 in the navy, or 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 crimiual 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.

tered without

SEC. 9. All courts shall be open, and every person, Justice adminisfor any injury done him in his land, goods, person or repu- delay. tation, shall have remedy by due course of law, and justice administered without denial or delay.

SEC. 10. Treason against the state shall consist in levy- Treason. ing war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. SEC. 11. The right of the people to be secure in their Search and persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

seizure.

SEC. 12. No bill of attainder, ex-post-facto law, or any Bill of attainlaw impairing the obligation of contracts shall ever be facto law. passed; and no conviction shall work corruption of blood Neb., 373

or forfeiture of estate.

I

3 Neb., 373.

SEC. 13. The property of no person shall be taken for No property public use without just compensation therefor.

SEC. 14. No distinction shall ever be made by law be

tween resident aliens and citizens in reference to the possession, enjoyment, or descent of property.

taken without compensation. 2 Neb., 377.

Aliens.

for debt.

SEC. 15. No person shall be imprisoned for debt in Imprisoment any civil action on mesne or final process, unless in cases

of fraud.

freedom.

SEC. 16. All men have a natural and indefeasible right Religious to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to

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