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. ple. SECTION 1. All persons are by nature free and Rights of peoindependent, 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. SEC. 2. There shall be neither slavery nor involuntary 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, Slavery proliberty, or property, without due process of law. (6 Neb., 71; 6 Neb., 42; 1 Neb., 37; 2 Neb., 403.) Religious freedom. Freedom of speech and the press. Trial by jury. Search and seizure. 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 courts inferior to the district court. (5 Neb., 148; 3 Neb., 94; 5 Neb., 458.) SEC. 7. The right of the people to be secure in their 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 thing to be seized: SEC. 8. The privilege of the writ of habeas Habeas corpus, corpus 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. SEC. 9. All persons shall be bailable by suf- Bail. ficient 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. offenses. SEC. 10. No person shall be held to answer Criminal for a criminal offense, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in [the] case of impeachment, and in cases arising in the army and navy or in the militia, 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. Impartial trial SEC. 11. In all 'criminal prosecutions the ac-guaranteed. 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. (4 Neb., 226; 5 Neb., 547; 5 Neb., 34.) SEC. 12. No person shall be compelled, in A Justice administered without delay. Treason. Penalties. Bill of attain- any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense. (6 Neb., 120.) SEC. 13. All courts shall be open, 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 facto law. law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed. (6 Neb., 33; 1 Neb., 381; 3 Neb., 383; 7 Neb., 179.) Military power. Militia. Right of petition. 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. for debt. SEC. 20. No person shall be imprisoned for Imprisonment debt in any civil action on mesne or final process, unless in cases of fraud. erty. SEC. 21. The property of no person shall be Private proptaken or damaged for public use without just compensation therefor. (1 Neb., 30; 2 Neb., 399; 3 Neb., 241.) elections. SEC. 22. All elections shall be free; and Freedom of there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise. SEC. 23. The writ of error shall be a writ of Writ of error. right in all cases of felony; and in capital cases shall operate as a supersedeas to stay the execution of the sentence of death until the further order of the supreme court in the premises. (8 Neb., 24.) cases, SEC. 24. The right to be heard in all civil Rights in civil cases in the court of last resort, by appeal, error, or otherwise, shall not be denied. (5 Neb., 458.) SEC. 25. No distinction shall ever be made Aliens. by law between resident aliens and citizens in reference to the possession, enjoyment, or descent of property. (2 Neb., 9.) tained by SEC. 26. This enumeration of rights shall Powers renot be construed to impair or deny others re- people. tained by the people, and all powers not herein delegated remain with the people. ARTICLE II. DISTRIBUTION OF POWERS. powers. SECTION 1. The powers of the government Division of of this state are divided into three distinct departments: the legislative, executive, and judicial, and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, |