Gambar halaman

law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time hereafter.

Art. 16. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with lib. erty ; wherefore, no ex post facto law ought to be made.

Art. 17. That no law to attaint particular persons of treason or felony ought to be made in any case, or at any time hereafter.

Art. 18. That every man, for any injury done to him in his person or property, ought to have remedy by the course of the law of the land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the law of the land.

Art. 19 That the trial of facts where they arise is one of the greatest securities of the lives, liberties, and estate of the people.

Art. 20. That in all criminal prosecutions every man hath a right to be informed of the accusation against him; to have a copy of the indictment or charge, in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him ; to have process for his witnesses ; to examine the witnesses for and against him on oath ; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

Art. 21. That no man ought to be compelled to give evidence against himself in a criminal case.

Art. 22. That no man ought to 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 by the law of the land.

Art. 23. That hereafter, in this State, there shall be neither slavery nor involuntary servitude, except in punishment of crime, whereof the party shall have been duly convicted; and all persons held to service or labor as slaves are hereby declared free.

Art. 24. That excessive bail ought not to be required, nor execssive fines imposed, nor cruel or unusual punishment inflicted by the courts of law.

Art. 25. That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants to

search suspected places, or to apprehend suspected persons without naming or describing the place, or the person in special, are illegal, and ought not to be granted.

Art. 26. That no conviction shall work corruption of blood, or forfeiture of estate.

Art. 27. That a well regulated militia is the proper and natural defence of a free government.

Art. 28. That standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature.

Art. 29. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power.

Art. 30. That 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.

Art. 31. That no person, except regular soldiers, mariners, and marines, in the service of this State, or militia when in actual service, ought in any case be subject to, or punishable by, martial law.

Art. 32. That the independency and uprightness of Judges are essential to the impartial administration of justice, and a great security to the rights and liberties of the people; wherefore the Judges shall not be removed, except for misbehavior, on conviction in a court of law, or by the Governor, upon the address of the General Assembly; provided, that two-thirds of all the members of each House concur in such address. No Judge shall hold any other office, civil or military, or political trust or employment of any kind whatsoever, under the Constitution or Laws of this State, or of the United States, or any of them, or receive fees or perquisites of any kind for the discharge of his official duties.

Art. 33. 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.

Art. 34. 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 presents from any Foreign Prince, or State, or from the United States, or any of them, without the approbation of this State.

[ocr errors]

Art. 35. That as it is the duty of every man to worship God in such manner as he thinks most acceptable to him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought by any law, to be molested in his person or estate, on account of his religious persuasion or profession, or for his religious practice, unless under the color of religion any man shall disturb the good order, peace, or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequent or maintain or contribute, unless on contract, to maintain any place of worship or any ministry; nor shall any person be deemed incompetent as a witness or juror, who believes in the existence of a God, and that under his dispensation such persons will be held morally accountable for his acts, and be rewarded or punished therefor, either in this world or the world to come.

Art. 36. That no other test or qualification ought to be required on admission to any office of trust or profit, than such oath of office as may be prescribed by this Constitution, or by the laws of the State, and a declaration of belief in the Christian religion; and if the party shall profess to be a Jew, the declaration shall be of his belief in a future state of rewards and punishments.

Art. 37. That every gift, sale or devise of land, to any minister, public teacher or preacher of the gospel, as such, or to any religious sect, order or denomination, or to or for the support, use or benefit of, or in trust for any minister, public teacher or preacher of the gospel as such, or any religious sect, order or denomination and every gift or sale of goods or chattles to go in succession, or to take place after the death of the seller or donor, to or for such support, use or benefit; and also, every devise of goods or chattels, to or for the support, use or benefit of any minister, public teacher or preacher of the gospel, as such; or any religious sect, order or denomination, without the leave of the Legislature, shall be void; except always, any sale, gift, lease or devise of any quantity of land not exceeding five acres, for a church, meeting house or other house of worship, or parsonage, or for a burying ground, which shall be improved, enjoyed or used only for such purpose; or such sale, gift, lease or devise shall be void.

Art. 38. That the manner of administering an oath or affirmation to any person, ought to be such as those of the religious persuasion, profession or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Being.

Art. 39. That the liberty of the press ought to be inviolably preserved.

Art. 40. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered.

Art. 41. That no title of nobility or hereditary honors ought to be granted in this State.

Art. 42. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciencies, agriculture, commerce and manufactures, and the general melioration of the condition of the people.

Art. 43. This enumeration of rights shall not be construed to impair or deny others retained by the people.

Art. 44. That this Constitution shall not be altered, changed or abolished except in the manner therein prescribed and directed.

Mr. Chambers, from the minority of the Committee on the Bill of Rights, submitted the following report, Which was read and ordered to be printed :

REPORT. The undersigned, members of the Committee to consider and report upon the Declaration of Rights, not concurring with the majority of the Committee in all of the propositions they submit, beg leave to report:

That with regard to the proposed fourth Article of the Declaration of Rights, as reported by the majority, they are of opinion that however true in the proposition that the Constitution of the United States and the Laws made in pursuance thereof, are the Supreme Law of the land, yet it has never been deemed necessary by the Statesmen who framed that Constitution, or by those who framed the Constitution of this State, or, in so far as the undersigned have learned, by the framers of any one of the numerous Constitutions of the other States, to insert amongst the rights and prerogatives of their citizens any language enforcing the obligation of allegiance to the Government of the United States.

Nor do the undersigned perceive the necessity for a departure from the universal practice that has obtained in all the States, and which practice has been adhered to even in those instances where Constitutions have been framed in the midst of the existing civil war; or for the voluntary offering of al


legiance to the Government, on an assumed condition of hostility in the legislation of the State to the Government of the United States.


Article, as proposed in the majority report, believing it to contemplate a sudden, violent and most mischievous destruction of the relation of master and slave, which, commencing with the earliest history of the Colony, has been maintained during all the intervening period, with the regular and progressive advancement of the State in all that is useful and honorable, and with a conviction of its risefulness and propriety on the part of our citizens, so deeply and universally felt, that they have carefully prohibited by their Constitutions, as well that of 1776 as that of 1851, any interference with this relation, the rupture of which is now recommended by the majority of the Committee, without the slightest preparation on the part of either master or slave for the extreme change of condition so instantaneously precipitated upon them, inflicting upon each very serious and unnecessary injury and suffering, and particularly upon the slaves, and, in the absence of compensation, iniquitous and unjust in the extreme to the master.

There are some minor alterations, the necessity for which was not perceived by the undersigned, and which of choice they would not have made, but which are not deemed of sufficient importance to require especial notice.


On motion of Mr. Stirling,
The said reports were made the order of the day for Thurs-
day next, at one o'clock.

Messrs. Blackiston, Valliant and Hollyday were excused from attending the session of the Convention to-morrow.

The Convention adjourned.

« SebelumnyaLanjutkan »