CONSTITUTION

OF THE

STATE OF NEBRASKA.

In Force November 1, 1875.

PREAMBLE.

We, the people, grateful to Almighty God for Preamble. our freedom, do ordain and establish the following declaration of rights and frame of government as the constitution of the state of Nebraska:

ARTICLE I.-BILL OF RIGHTS.

people.

SECTION 1. All persons are by nature free and Rights of independent, and have certain inherent and inalienable rights; among these are life, liberty, and the pursuit of happiness. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

hibited.

SEC. 2. There shall be neither slavery nor in- Slavery provoluntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.

SEC. 3. No person shall be deprived of life, lib- Process of law. erty, or property without due process of law.

SEC. 4. All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect, or support any place of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

SEC. 5. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

SEC. 6. 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 court inferior to the district court.

SEC. 7. The right of the people to be secure in their persons, houses, papers and effects agains unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upor probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or thing to be seized.

SEC. 8. The privilege of the writ of habeas cor- Habeas corpus. pus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law.

offenses.

SEC. 9. All persons shall be bailable by sufficient Bail. sureties, except for treason and murder, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. SEC. 10. No person shall be held to answer for Criminal a criminal offense, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in case of impeachment, and in cases arising in the army and navy or in the mili-. tia, when in actual service in time of war or public danger, unless on a presentment or indictment of a grand jury; Provided, That the legislature may by law provide for holding persons to answer for criminal offenses on information of a public prosecutor, and may by law abolish, limit, change, amend, or otherwise regulate the grand jury system.

guaranteed.

SEC. 11. In all criminal prosecutions the ac- Impartial trial cused shall have the right to appear and defend in person, or by counsel, to demand the nature and cause of accusation, and to have a copy thereof; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

against self;

SEC. 12. No person shall be compelled, in any Evidence criminal case, to give evidence against himself, or twice in jeop be twice put in jeopardy for the same offense.

ardy.

Justice administered without delay.

Treason.

Penalties.

Bill of attain

der; ex post

active laws;

and every

person, for any injury done him in his lands, goods, person, or reputation, shall have a remedy by due course of law, and justice administered without denial or delay.

SEC. 14. Treason against the state shall consist only in levying war against the state, 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. 15. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the state.

SEC. 16. No bill of attainder, ex post facto law, facto and retro- or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.

special privi

leges.

SEC. 17. The military shall be in strict subordination to the civil power.

SEC. 18. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

SEC. 19. 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. 20. No person shall be imprisoned for debt in any civil action on mesne or final process unless in cases of fraud.

SEC. 21. The property of no person shall be