Gambar halaman

continuance of those blessings to us and our posterity, --Emigration from the State shall not be prohibited. do, for the more certain security thereof, and Ala., 74; Ind., 171; Ky., 224; Or., 448; Pa., 463. for the better government of this State, ordain -Nor shall any tree white citizen of this State ever and establish this revised and amended Constitution. be exiled under any pretence whatever. Miss., 335. Mo., 346.

-That all the people have a natural and inherent - That the general, great, and essential principles of right to emigrate from one State to another that will liberty and free government may be recognized and receive them. Vt., 522. established, and that the relations of this State to -No capitation or other direct tax shall be laid! the Union and government of the United States, and unless in proportion to the census or enumeration those of the people of this State to the rest of the herein before directed to be taken U. S., 13. American people, may be defined and affirmed, we --The General Assembly shall have power to do declare: Mo. 346.

authorize the levying of a capitation tax. Fl., 137. -Grateful to Almighty God for our freedom, in --Capitation tax shall be equal throughout the State, order to secure its blessings, form a more perfect gov- upon all individuals subject to the same. N. C., 430. ernment, insure domestic tranquility and promote the -No poll-tax shall be assessed for other than county general welfare, do establish this Constitution. Neb. purposes. Ark., 93. 370; (nearly identical), Nev, 379; Ohio, 432; Wis. 559. --The General Assembly may, whenever they shall -Grateful to Almighty God for the civil and relig- deem it necessary, cause to be collected from all ableious liberty which He hath so long permitted us to bodied, free white male inhabitants of this State, enjoy, and looking to Him for a blessing upon our over the age of twenty-one years and under the age endeavors to secure and transmit the same unim- of sixty years, who are entitled to the right of paired to succeeding generations, do ordain and estab- suffrage, a capitation tax of not less than fifty cents, lish this Constitution. N. J., 411.

nor more than one dollar each. IV., 163. -That the general, great and essential principles of —That the levying of taxes by the poll is grievous and liberty and free government may be recognized and oppressive, and ought to be prohibited; that paupers established, we declare. Miss., 334.

ought not to be assessed for the support of the Gov-Acknowledging, with gratitude the grace and ernment, but every other person in the State, or beneficence of God in permitting us to make a choice persons holding property therein, ought to contribute of our form of government, do ordain and establish his proportion of public taxes for the support of Goythis Constitution. Tex., 505.

ernment, according to his actual worth in real or -That the general, great and essential principles of personal property; yet fines, duties or taxes may liberty and free government may be recognized and properly and justly be imposed or laid with a politiestablished, we declare. Ala., 72; Ct., 107; Fl., cal view, for the good government and benefit of the 129; IU. 165; Pa., 467; Tex., 505; Tenn., 490. community. Md., 254.

[A simple declaration of establishment] Del., 116; -No special privileges or immunities shall ever be Pa. 461; S. C., 482.

granted by the Legislature, which may not be altered, [Authority of U. S., recited.] Tenn., 490.

revoked or repealed by the same body; and this No preamble.) Cal., La., M., Mich., N. H., N. C., power shall be exercised by no other tribunal or R. 1., V., Va., W. Va.

agency. Kan., 197.

- That a long continuance in the Executive DepartINHERENT RIGHTS.

ments, of power or trust, is dangerous to liberty; a -The free inhabitants of each of these States, rotation, therefore, in those departments, is one of paupers, vagabonds and fugitives from justice the best securities of permanent freedom. Md. 255. excepted, shall be entitled to all the privileges of free -Government is instituted for the common good; citizens. Art. Confed., 3.

for the protection, safety prosperity and happiness of -All men are born free and equal, and have certain the people ; and not for the profit, honor or private natural, essential and unalienable rights; among interest of any one man, family or class of men; which may be reckoned the right of enjoying and therefore, the people alone have an incontestable, defending their lives and liberties; that of acquiring, unalienable and indefeasible right to institute governpossessing and protecting property; in fine, that of ment, and to reform, alter or totally change the same, seeking and obtaining their safety and happiness. when their protection, safety, prosperity and happiMass., 280; (nearly similar) Neb., 370; Nev., 379; ness require it. Mass., 280; (nearly similar), Min., N. H., 398; N. J., 412; Ohio, 432; Pa., 467; V., 319; Nev., 379; Vt., 520; Va., 531; N. H., 399. 521; Va., 531; Wis., 559.

-No man, nor corporation or association of inen, - Therefore, no male person, born in this country, or have any other title to obtain advantages, or particubrought from over sea, ought to be holden, by law, lar and exclusive privileges, distinct from those of the to serve any person, as a servant, slave or apprentice, community, than what rises from the consideration after he arrives to the age of twenty-one years, nor of services rendered to the public; and this title being female, in like manner, after she arrives to the age of in nature neither hereditary, nor transmissible to eighteen years, unless they are bound by their own children or descendants, or relations by blood, the consent after they arrive to such age, or bound by idea of a man born a magistrate, law-giver or judge, law for the payment of debts, damages, fines, costs is absurd and unnatural. Mass., 280. or the like. Vt., 521.

-No title of nobility or hereditary distinction, privi-No attainder shall work corruption of blood, nor, lege, honor or einolument, shall ever be granted or except during the life of the offender, forfeiture of confirmed; nor shall any office be created, the estate. The estates of those who destroy their own appointment to which shall be for a longer time than lives shall descend or vest as in case of natural death, during good behavior. Me., 240. and if any person be killed by accident, no forfeiture -No office or place whatsoever in government shall shall be thereby incurred. Del., 117.

be hereditary-the abilities and integrity requisite in -The estate of such persons as may destroy their all not being transmissible to posterity or relations. own lives shall not for that offense be forfeited, but N. H., 399. descend or ascend in the same manner as if such per- – That the Legislature shall not grant any title of son had died in a natural way. Nor shall any article nobility or hereditary distinction, nor create any which shall accidentally occasion the death of any office, the appointment of which shall be for a longer person be henceforth deemed a deodand, or in any term than during good behavior. Pa., 468; S. C., 438. wise forfeited on account of such misfortune. N. H., -No title of nobility shall be granted; and no person 409; Vt. 526.

holding any office of profit or trust under them, shall, --That the estates of suicides shall descend, or vest without the consent of the Congress, accept of any as in cases of natural death; and that, if any person present, emolument, office or title, of any kind shall be killed by casualty, there shall be no forfeiture whatever, from any king, prince, or foreign State. by reason thereof. Ala., 73; Ky., 224.

U. S., 13.

-That no person ought to hold at the same time its Constitutional powers as the same have been or more than one office of profit created by the Consti- may be defined by the Superior Court of the United tution or Laws of this State; nor ought any person States; and no power exists in the people of this or in public trust to receive any present from any foreign any other State of the Federal Union to dissolve prince, or State, or from the United States, or any their connection therewith, or perform any act tendof them, without the approbation of this State. ing to impair, subvert or resist the supreme authority. Md., 255.

of the United States. The Constitution of the -No hereditary emoluments, privileges or honors United States confers full powers on the Federal shall ever be granted or conferred in this State. government to maintain and perpetuate its existence, Cl., 108; (nearly similar), Fl., 130; Kan., 197; Ky., and whensoever any portion of the States, or the 224; N. C., 422; Or., 448.

people thereof, attempt to secede from the Federal -No hereditary distinction shall be granted, nor any Union, or forcibly resist the execution of its laws, the office created or exercised, the appointment to which Federal government may by warrant of the Constitushall be for a longer term than during good beha- tion employ armed force in compelling obedience to vior; and no person holding any office under this its authority. Nev., 379. Staté, shall accept of any office or title of any kind -Every member of the community has a right to be whatever, from any king, prince, or foreign State, protected by it in the enjoyment of his life, liberty, Del., 117.

and property. He is therefore bound to contribute -That no title of nobility, or hereditary distinction, his share in the expense of such protection, and to privilege, honor, or emolument, shall ever be granted yield his personal service, when necessary, or an or conferred in this State; and that no office shall be equivalent. N. H. 399; (nearly similar), 17, 520. created, the appointment of which shall be for a Protection to person and property is the duty of longer term than during good behavior. Ala., 74. government. Ga. 142. -That no title of nobility or hereditary honors ought -All political power is inherent in the people, and to be granted in this State. Md., 256; Ind., 171. all free governments are founded on their authority,

-All freemen, when they form a social compact, and instituted for their benefit; and they have, at all have equal rights; and no man, or set of men, is times, the unalienable right to alter, reform, or abolish entitled to exclusive, separate public emoluments or their form of government, in such manner as they privileges, but in consideration of public services. may think expedient. Tex. 505; (nearly similar) Ohio Ky., 223; Tex., 505.

473; Pa. 467 ; S. C. 487; N. C. 421; Mo. 346; N. H. -Economy being a most essential virtue in all States, 399. especially in a young ono; no pension should be That we hold it to be self-evident that all men are granted but in consideration of actual services; and created equally free; that they are endowed by their such pension ought to be granted with great caution Creator with certain unalienable rights, among which by the Legislature, and never for more than one year are life, liberty, the enjoyment of the proceeds of their at a time. N. H., 401.

own labor, and the pursuit of happiness. Md., 253. - The powers of government reside in all the citi- --That the people of this State, by their legal Reprezens of the State, and can be rightfully exercised sentatives, have the sole, inherent and exclusive right only in accordance with their will and appointment of governing and regulating the internal police of the W. Va., 546.

same. V., 521. -None but citizens of the United States shall be – That all government of right originates from the appointed to any office of trust or profit in this State, people, is founded in compact only, and instituted La., 233.

solely for the good of the whole ; and they have at --That absolute, arbitrary power over the lives, all times the unalienable right to alter, reform or liberty, and property of freemen, exists nowhere in a abolish their form of government in such manner as republic--not even in the largest majority. Ky., 223. they may deem expedient. Md., 253. --No authority shall, on any pretense whatever, be —That all men, when they form a social compact, are exercised over the people or members of this State, equal in rights; and that no man or set of men, are but such as shall be derived from and granted by entitled to exclusive public emoluments, or privileges, them. N. Y. (1777), 26.

from the community. Ct., 107; Or., 447; Miss., 334. -The people of this State have the sole and exclusive – That all men when they form a social compact, are right of governing themselves as a free, sovereign equal, and have certain inherent and indefeasible and independent State, and do, and forever hereafter rights, amongst which are those of enjoying and shall exercise and enjoy every power, jurisdiction and defending life and liberty; of acquiring, possessing right pertaining thereto, which is not or may not and protecting property and reputation, and of purhereafter be by them expressly delegated to the suing their own happiness. Ark., 84; Fl., 129. United States of America, in Congress assembled. —That the people of this State ought to have the N. H., 399.

sole and exclusive right of regulating the internal -Nor are the people bound by any law but such as government and police thereof. Md., 253. they have in like manner assented to, for their com- -All power residing originally in the people, and mon good. Vt., 522.

being derived from them, the several magistrates and -That every citizen of this State owes paramount officers of government, vested with authority, whether allegiance to the Constitution and government of the legislative, executive or judicial, are the substitutes United States, and that no law or ordinance of this and agents, and are at all times accountable to them. State in contravention or subversion thereof can have Mass., 280." any binding force. Mo., 346.

-All men are by nature free and independent, and _That this State shall ever remain a member of the have certain unalienable rights, among which are American Union; that the people thereof are a part those of enjoying and defending life and liberty, of the American nation; and that all attempts, from acquiring, possessing, and protecting property, and whatever source and upon whatever pretext, to dis- pursuing and obtaining safety and happiness. Cal., solve said Union, or to sever said nation, ought to be 96; (substantially similar), II., 165; Iowa, 183; Kan., resisted with the whole power of the State. Mo., 346. ]96; Me., 239; Mo., 396.

-The Constitution of the United States and the laws - When men enter into a state of society they surmade in pursuance thereof being the supreme law of render up some of their natural rights to that society, the land, every citizen of this State owes paramount in order to procure the protection of others, and withallegiance to the Constitution and Government of the out such equivalent the surrender is void. N. H., United States, and is not bound by any law or ordi- 398. nance of this State in contravention or subversion — Through Divine goodness all men, have, by nature, thereof. Md., 254.

the rights of worshipping and serving their Creator -But the paramount allegiance of every citizen is according to the dictates of their consciences, of due to the Federal government, in the exercise of all enjoying and defending life and liberty, of acquiring


S 2. The trial by jury in all cases in which it has been heretofore used, shall

2 remain inviolate forever (1); but a jury trial may be waived by the parties in

3 all civil cases in the manner prescribed by law. (*)

and protecting reputation and property, and, in gen- therefore, they have at all times an inalienable and eral of attaining objects suitable to their condition, indefeasible right to alter, reform or abolish their without injury by one to another; and as these rights form of government in such manner as they may are essential to their welfare, for the due exercise deem expedient. Ala. 72 ; (substantially similar), thereof, power is inherent in them; and therefore all Ark. 84 ; Ct. 107; Fl. 129. just authority in the institutions of political society is derived from the people, and established with their RIGHT OF TRIAL; TRIAL BY JURY. consent, to advance their happiness: And they may for this end, as circumstances require, from time to (1) [Thus far in Constitution of 1821, with the followtime, alter their Constitution of government. Del., 116. ing addition :) “And no new court shall be instituted,

- The General Assembly shall not grant to any citi- but such as shall proceed according to the course of zen, or class of citizens, privileges, or immunities, the common law ; except such courts of equity, as which, upon the same terms, shall not equally belong the Legislature is herein authorized to establish.” to all citizens. Ind , 171.

P. 41. - That no man, and no set of men, are entitled to (2) [Similar provision), N. Y., (1777), and Minn., exclusive, separate public emoluments or privileges, 319; Mich., 307; Nev. 379. but in consideration of public services. Ala ,72; Tex., --The Legislative Assembly shall so provide that the 508; Va., 531; N. C., 421.

most competent of the permanent citizens of the -The Legislature shall pass no law requiring a prop county shall be chosen for jurors; and out of the whole erty qualification for office. La., 235,

number in attendance at the court, seven shall be -We declare that all men are created equal; that drawn by lot as grand jurors, five of whom must they are endowed by their Creator with certain una- concur to find an indictment; but the Legislative lienable rights; that among these are life, liberty, and Assembly may modify or abolish grand juries. Or.,454, the pursuit of happiness; that all power is inherent –The right of trial by jury shall remain in violate; in the people; and that all free governments are, and and shall extend to all cases at law, without regard of right ought to be, founded on their authority, and to the amount in controversy ; but a jury trial may instituted for their peace, safety and well being. For be waived by the parties in all cases, in the manner the advancement of these ends, the people have, at prescribed by law. Wis. 560. all times, an indefeasible right to alter and reform –That the inhabitants of — are entitled to the their government. Ind. 170.

common law of England, and the trial by jury -All political power is inherent to the people. Gov- according to the course of that law, and to the ernment is instituted for the protection, security and benefit of such of the English statutes as existed on benefit of the people; and they have the right to the fourth day of July, seventeen hundred and alter or reform the same whenever the public good seventy-six, and which, by experience, have been may require it. Cal., 96; (nearly similar) Ioua, 183; found applicable to their local and other circumstanKan., 197; Ky., 223; Miss., 334; N J., 412; Or., ces, and have been introduced, used and practiced by 447 ; R. I., 473; Tenn., 490; Va., 531; Vt., 521. the courts of law or equity, and also of all acts of

-That all power is inherent in the people, and all Assembly in force on the first day of June, eighteen free governments are founded on their authority, and hundred and sixty-four, except such as may have instituted for their peace, safety and happiness. N, since expired or may be inconsistent with the provi165; Me., 239.

sions of this Constitution, subject, nevertheless, to - They have, therefore, an unalienable and indefeas- the revision of and amendment or repeal by the ible right to institute government, and to alter, reform, Legislature of this State; and the inhabitants are or totally change the same, when their safety and also entitled to all property derived to them from or happiness require it. Me., 239.

under the charter granted by His Majesty Charles - That all persons invested with the Legislative or the First. Md., 253. Executive powers of Government are the trustees of --That no person shall be accused, arrested, or the public, and as such accountable for their conduct; detained, except in cases ascertained by law, and wherefore, whenever the ends of Government are according to the forms which the same has prescribed ; perverted, and public liberty manifestly endangered, and that no person shall be punished, but by virtue and all other means of redress are ineffectual, the of a law established and promulgated prior to the people may and of right ought to reform the old or offense, and legally applied. Ala., 73. establish a new government. The doctrine of non- —That the right of trial by jury shall remain invioresistance against arbitrary power and oppression is late; and shall extend to all cases at law, without absurd, slavish and destructive of the good and hap- regard to the amount in controversy. II., 165. piness of mankind. Md., 254.

- That the trial of facts where they arise is one of —That the people of this State have the inherent, the greatest securities of the lives, liberties and sole, and exclusive right of regulating the internal estate of the people. Md, 254. government and police thereof, and of altering and -No person shall be held to answer for treason, abolishing their Constitution and forin of government, felony or other crime not cognizable by a justice, whenever it inay be necessary to their safety and hap- unless on presentment or indictment of a grand jury. piness; but every such right should be exercised in W. Va., 547. pursuance of law, and consistently with the Consti- - The Legislature may authorize a trial by a jury of tution of the United States. Mo., 346.

a less number than twelve men. Mich., 304. -That every foreigner who comes to settle in this — No person shall be deprived of life, liberty, or State, having first taken an oath of allegiance to the property, except by due process of law. Ga., 142. same, may purchase, or, by other just means, acquire, -In criminal prosecutions, the verification of facts, hold, and transfer land, or other real estate, and after in the vicinity where they happen, is one of the one year's residence be deemed a free citizen. N. greatest securities of the life, liberty and property of C., 426.

the citizens. Mass., 251. Naturalization of foreigners allowed. N. Y., - That the ancient mode of trial by jury shall be (1777), 33.

held sacred, and the right thereof remain inviolate, —That all political power is inherent in the people, subject to such modifications as may be authorized by and all free governments are founded on their this Constitution. Ky., 223. authority, and instituted for their benefit; and that, — The Jurors of this State shall be white men, pos

sessed of such qualifications as may be prescribed by authorize trial by a jury of a less number than twelve law. Fl., 140.

men in inferior courts; Neb., 370; but no person -Trials of issues proper for the cognizance of a jury, shall be deprived of life, liberty, or property, within the Supreme and County Courts, shall be by out due process of law. ' Iowa, 183. jury, except where the parties otherwise agree; and - That every freeman restrained of his liberty is great care ought to be taken to prevent corruption, entitled to a remedy, to inquire into the lawfulness or partiality, in the choice and return, or appointment thereof, and to remove the same, if unlawful; and of juries. V., 526.

that such remedy ought not to be denied or delayed. - That no person shall be debarred from prosecuting N. C., 422. or defending, before any tribunal in this State, by -Every person is entitled to a certain remedy in the himself or counsel, any civil cause to which he is a laws, for all injuries or wrongs which he may receive party. Ala., 73.

in his person, property, or character; he ought to -Every court in which ary person shall be sum- obtain justice freely and without being obliged to moned to serve as a grand or petit juror, shall require purchase it ; completely and without denial ; him, before he is sworn as a juror, to take such oath, promptly and withont delay, conformably to the in open court; and no person refusing to take the laws.' Min. 319; N. H., 399; R. I., 473; V., 521; same shall serve as a juror. Mo., 350.

Wis., 560. -No fine shall be laid on any citizen of this State, -The Legislature shall provide by law a suitable and that shall exceed fifty dollars; unless it shall be impartial mode of selecting juries; and their usual assessed by a jury of his peers, who shall assess the number and unanimity, in indictments and convicfine at the time they find the fact, if they think the tions, shall be held indispensable. Me., 240. fine should be more than fifty dollars. Tenn., 497. –That no freedman shall be convicted of any crime, -In all cases of law or equity, where the matter in but by the unanimous verdict of a jury of good and controversy shall be valued at or exceed twenty dol- lawful men, in open court, as heretofore used. N. lars, the right of trial by jury shall be preserved. C., 422. Tex., 512.

-In all civil suits, and in all controversies concerning -That no freeman shall be imprisoned, or disseized property, the parties shall have a right to a trial by of his freehold, liberties, or privileges,, or outlawed jury, except in cases where it has heretofore been or exiled, or in any manner deprived of his life, otherwise practiced; the party claiming the right liberty, or property, but by the judgment of his peers may be heard by himself and his counsel, or either, or the law of the land. TU., 166; Md., 255; (nearly at his election. Me., 240. similar), N. C. 422; Tex. 506.

-It is essential to the preservation of the rights of – That when any issue in fact, proper for the cogni- every individual, his life, liberty, property and charzance of a jury, is joined in a court of law, the parties acter, that there be an impartial interpretation of the have a right to trial by jury, which ought to be held laws and administration of justice. It is the right sacred. Vt., 522.

of every citizen to be tried by judges as free, impar-No person shall be held to answer for an offense tial and independent as the lot of humanity will unless on the presentment or indictment of a grand admit. It is, therefore, not only the best policy, but jury, except in cases of impeachment, or in cases for the security of the rights of the people, and of cognizable by justices of the peace, or arising in the every citizen, that the Judges of the Supreme Judiarmy or navy, or in the militia when in actual ser- cial Court should hold their offices as long as they vice in time of war or public danger. Me., 240; N. behave themselves well, and that they should have J., 412; R. I., 473; Provided, That Justices of the honorable salaries ascertained and established by Peace shall try no person, except as a court of standing laws. Mass., 282. inquiry, for any offense punishable with imprison. That no person shall be put to answer any crimiment or death, or fine above one hundred dollars. nal charge, but by presentment, indictment or IN. 166.

impeachment, except in such cases as the Legislature - That no liceman shall be put to answer any shall otherwise provide ; but the Legislature shall criminal charge but by presentment, indictment, or pass no law whereby any person shall be required impeachment. Tenn., 491; N. C., 422.

to answer any criminal charge isvolving the life of -The trial of crimes and misdemeanors, unless here the accused, except upon indictment or presentment in otherwise provided, shall be by jury, and shall be by a Grand Jury. Fl., 129. held publicly and without unreasonable delay, in the -In every criminal prosecution, the accused shall county where the alleged offense was committed, have the right to a speedy and public trial by an imunless upon petition of the accused and for good partial jury, which may consist of less than twelve cause shown, or in consequence of the existence of men in all courts not of record; to be informed of the war or insurrection in such county, it is removed to, nature of the accusation; to be confronted with the or instituted in, some other county. In all such trials witnesses against him; to have compulsory process the accused shall be informed of the character and for obtaining witnesses in his favor, and have the cause of the accusation, and be confronted with the assistance of counsel for his defense. Mich., 307. witnesses against him, and shall have the assistance -That, in all criminal prosecutions, the accused has of counsel for his defense, and compulsory process a right to be heard by himself and counsel, to demand for obtaining witnesses in his favor. W. Va., 547. the nature and cause of the accusation, to have a -In all criminal cases whatever the jury shall have copy thereof, to be confronted by the witnesses the right to determine the law and the facts. Ind., against him, to have compulsory process for obtaining 170. Under the direction of the court as to the law, witnesses in his favor, and, in all prosecutions by and the right of new trial, as in civil cases. Or., indictment or information, a speedy public trial by an 448.

impartial jury of the county or district in which the -In all controversies concerning property, and in offense was committed; and that he shall not be all suits between two or more persons, except in compelled to give evidence against himself, nor be decases in which it has heretofore been otherways used prived of his life, liberty or property, but by due and practiced, the parties have a right to a trial by course of law. Ala., 73; (nearly similar), Ky., 223. jury; and this method of procedure shall be held --That all courts shall be open; and that every persacred, unless, in causes arising on the high seas, and son, for any injury done him, in his lands, goods, such as relate to mariners' wages, the Legislature person or reputation, shall have a remedy by due shall hereafter find it necessary to alter it. Mass. 281. course of law, and right and justice administered, -Every man being presumed innocent, until he is without sale, denial or delay. Ala., 73; Ky., 223. pronounced guilty by the law, no act of severity --The statutes of limitations shall not be pleaded which is not necessary to secure an accused person upon any claim in the hands of any person whomshall be permitted. R. I., 473..

soever, not sued upon when such claim was not -The right of trial by jury shall remain in violate; barred by the statutes of limitation on the 10th day Ala., 73; Ct, 108; but the General Assembly may of January, 1861. Fl., 141.

-No law of this State providing that claims or to be described by law; and in civil cases if threedemands against the estates of decedents shall be fourths of the jury agree upon a verdict, it shall stand barred if not presented within two years, shall and have the same force and effect as a verdict by the be considered as being in force within this State whole jury: Provided, The Legislature, by a law between the 10th day of January, 1861, and the 25th passed by a two-thirds vote of all the members day of October, 1865. Fl., 141,

elected to each branch thereof, may require a -In all criminal prosecutions and in cases involving unanimous verdict notwithstanding this provision. the life or liberty of an individual, the accused shall Nev., 379. 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 but the Legislature may authorize the trial of civil him; to have a copy of the same when demanded; suits, when the matter in dispute does not exceed to be confronted with the witnesses against him; to fifty dollars, by a jury of six men. N. J., 412. have compulsory process for his witnesses; and -In all controversies concerning property, and in all to have the assistance of counsel. Neb., 370.

suits between two or more persons, except in cases - That in all prosecutions for criminal offenses, a per- in which it has been heretofore otherwise used and son hath a right to be heard, by himself and his coun- practiced, the parties have a right to trial by jury; sel; to demand the cause and nature of his accusa- and this method of procedure shall be held sacred, tion; to be confronted with the witnesses; to call unless, in cases arising on the high seas, and such as for evidence in his favor, and a speedy public trial by relate to mariners' wages, the Legislature shall think an impartial jury of the country, without the unani- it necessary hereafter to alter it. N. H., 400. inous consent of which jury, he cannot be found -In criminal prosecutions, the trial of the facts in guilty; nor can he be compelled to give evidence the vicinity where they happen is so essential to the against himself; nor can any person be justly deprived security of the life, liberty and estate of the citizen, of his liberty except by the laws of the land, or the that no crime or offense ought to be tried in any judgment of his peers. V., 522.

other county than that in which it is committed; -That, in controversies respecting property, and in except in cases of general insurrection in any particsuits between man and man, the ancient trial by jury ular county, when it shall appear to the Judges of the of twelve men is preferable to any other, and ought Superior Court that an impartial trial cannot be had to be held sacred. Va., 532.

in the county where the offense may be committed, -In suits at common law, where the value in con- and upon their report, the Legislature shall think troversy exceeds twenty dollars, the right of trial by proper to direct the trial in the nearest county in jury, if required by either party, shall be preserved. which an impartial trial can be obtained. N. H., 400. No fact tried by a jury shall be otherwise re-exam- –That no person shall, for any indictable offense, be ined in any case that according to the rules of the proceeded against criminally by information; except common law. W. Va., 547.

in cases arising in the land or naval forces, or in the ,--The trial by jury, as heretofore used in this State, militia when in actual service, or by leave of the and the liberty of the press, shall be forever inviola- court, for misdemeanor in office. Provided, That bly preserved. But the General Assembly shall have the Legislature in case of petit larceny, assault, assault power to determine the number of persons who shall and battery, affray, riot, unlawful assembly, drunkconstitute the jury in the inferior and District Courts. enness, vagrancy, and other misdemeanors of like S. C., 488.

character, may dispense with an inquest of a grand -No person shall be taken, or imprisoned, or dis- jury, and may authorize prosecutions before Justices seized of his freehold, liberties or privileges, or out of the Peace, or such other inferior court or courts lawed or exiled, or in any manner deprived of his as may be established by the Legislature; and the life, liberty or property, but by due process of law; proceedings in such cases shall be regulated by law. nor shall any bill of attainder, ex post facto law, or Miss., 335; (nearly similar), Ala., 73. law impairing the obligation of contracts, ever be -No person shall be held to answer for a criminal passed by the General Assembly. S. C., 487.

offense unless on the presentment or indictment of a ---That no freeman shall be taken or imprisoned, or grand jury except in cases of impeachment, or in disseized of his freehold, liberties or privileges, or out cases cognizable by Justices of the Peace, or arising lawed or exiled, or in any manner destroyed or in the army or navy, or in the militia, when in actual deprived of his life, liberty or property, but by the service in time of war, or public danger; and no perjudgment of his peers, or the law of the land. son for the same offense shall be put twice in jeopardy Tenn., 491.

of punishment, nor shall be compelled in any crimi-No person, in time of peace, shall be deprived of nal case to be a witness against himself. All persons life, liberty or property without due process of law. shall, before conviction, be bailable by sufficient sureW. Va., 547.

ties, except for capital offenses, when the proof is --In order to reap the fullest advantage of the ines- evident or the presumption great; and the privilege timable privilege of the trial by jury, great care ought of the writ of habeas corpus shall not be suspended, to be taken that none but qualified persons should be unless when, in cases of rebellion or invasion, the appointed to serve; and such ought to [be] fully public safety may require. Neb., 370. compensated for their travel, time and attendance. -The House of Delegates may inquire, on the oath N. H., 400.

of witnesses, into all complaints, grievances and -That no person can, for an indictable offense, be offenses, as the Grand Inquest of the State, and may proceeded against criminally by information, except commit any person, for any crime, to the public jail, in cases arising in the land or naval forces, or in the there to remain until discharged by due course of inilitia when in actual service in the time of war or law; they may examine and pass all accounts of the public danger, or by leave of court, for oppression State, relating either to the collection or expenditure or misdemeanor in office. Mo., 347.

of the revenue, and appoint auditors to state and - That in all controversies at law, respecting property, adjust the same; they may call for all public or offithe ancient mode of trial by jury is one of the best cial papers and records, and send for persons whom securities of the rights of the people, and ought to they may judge necessary in the course of their remain sacred and inviolable. N. C., 422.

inquiries concerning affairs relating to the public -The right of trial by jury shall be secured to all, interest, and may direct all office bonds, which shall and remain inviolate forever ; but a jury trial may be be made payable to the State, to be sued for any waived by the parties in all civil cases, in the manner breach thereof. Md., 262.

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