DRAFT OF A NEW CONSTITUTION FOR THE STATE OF RHODE ISLAND. WE, the people of the State of Rhode Island and Provi- Preamble. dence Plantations, grateful to Almighty God for the civil and religious liberty which He hath permitted us to establish and so long to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit unimpaired to succeeding generations this precious inheritance, do ordain and establish this constitution of government. ARTICLE I. Declaration of Certain Constitutional Rights and Principles. In order to secure the religious and political freedom Declaration. established by our revered ancestors and to preserve them for our posterity, we declare that the essential and unquestionable rights and principles hereinafter stated shall be strictly established, maintained and preserved, and shall be of paramount obligation in all legislative, judicial, and executive proceedings. and alter their SECTION 1. In the words of the Father of his Country, Rights of the we declare that "the basis of our political systems is the people to make right of the people to make and alter their constitutions of constitution. government; but that the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." The electors of this State, including those who may be allowed to vote thereon, have therefore the inherent, sole, and exclusive right, by a majority of those voting thereon, to Objects of free The constitution of the United States is the supreme law. Acknowledgment of the right of local self-government of the State and of the town or city. Religious freedom secured. regulate their internal government and to alter, abolish, and reframe the constitution whenever they may deem it necessary: Provided, that such change be not repugnant to the constitution of the United States. SEC. 2. All free governments are instituted for the protection, safety, and happiness of the people, through the equal enjoyment by all of life, liberty, and the rights of conscience. All laws therefore, shall be made for the good of the whole; and the burdens of the State shall be fairly distributed among its citizens. SEC. 3. The constitution of the United States is the supreme law of the land. But the right of local self-government in the State is a constitutional right that the national government cannot infringe; and the right of local self-government in the town or city is also a constitutional right that the State cannot infringe. SEC. 4. Whereas, God has created the mind free and whereas, a principal object of our revered forefathers, in their settlement of this State, was "to hold forth a lively experiment, that a flourishing civil State may stand and be best maintained with full liberty in religious concernments;" we, therefore, declare that no man shall be compelled to frequent any church, nor to support any religion, religious worship, church, or ministry whatever, except in fulfillment of his own voluntary contract; nor shall any man be enforced, restrained, molested, nor burdened in his body or goods; nor disqualified from holding any office, nor any position of public trust; nor from voting; nor from serving on juries; nor as a witness in any court of law; nor rendered incompetent nor discredited as a witness; on account of his religious belief or want of religious belief; nor otherwise suffer in any manner whatsoever on account of his religious belief or want of religious belief; and we therefore declare that every man shall be free to worship God, or to abstain from the worship of God, according to the dictates of his own conscience; and to profess, and by argument to maintain, his opinion in matters of religion, and that the same shall in no wise diminish, enlarge or affect his civil capacity. All persons shall be alike protected in the peaceable and quiet enjoyment of their religious sentiments, convictions, and duties. No church, sect, denomination, nor religious belief shall be preferred over another, and no public money nor public property of any kind shall be used directly or indirectly in aid of any religious belief, church, sect, or religious institution: Provided, always, that nothing in this section contained shall ever excuse any act of licentiousness or justify any act inconsistent with the peace and safety of the State. How the laws should be ad SEC. 5. Every person within this State ought to find a certain remedy, through recourse to the laws, for all injuries or ministered. wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely and without purchase, completely and without denial; promptly and without delay; conformably to the laws. SEC. 6. Legally, all men are born free and equal and have certain natural inherent and inalienable rights, among which are the right to defend and freely enjoy their lives and liberties; to acquire, possess, protect, and enjoy property and reputation; to worship God according to the dictates of their individual conscience; to communicate freely their thoughts and opinions on all subjects (subject, however, to the law concerning slander and libel, and to responsibility for the abuse of that right); to assemble for their common good in a peaceable manner, to instruct their representatives and to apply to those invested with the powers of government for the redress of grievances or for other proper purposes, by petition, address, or remonstrance; to keep and bear arms in defence of themselves, their homes, and their property, or in aid of the civil power when thereto legally summoned (but subject to any law enacted by the general assembly to prevent the carrying of concealed weapons); the right to privacy, except when engaged in public service or in some public manner. Individual rights secured. Search warrants and favored. SEC. 7. The right of the people to be secure in their persons, papers, and possessions, against unreasonable searches seizures, not and seizures shall not be violated; and no warrant shall issue, but on complaint in writing, upon probable cause, supported by oath or affirmation, and describing as nearly as may be the place to be searched and the persons or things to be seized. SEC. 8. No person shall be held to answer for a crime which shall be punishable by death or by imprisonment in the State prison, unless on presentment or indictment by a Provisions criminal pro concerning ceedings. Bail, fines, and punishments not to be excessive. Bail and habeas corpus. Rights of the accused. Rights of defendants in civil actions. What laws the general assembly may not pass. grand jury, except in cases of impeachment, or in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. No person shall be subject to be twice put in jeopardy for the same offence. SEC. 9. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and all punishments shall be proportioned to the offence. SEC. 10. All persons imprisoned shall be bailable by sufficient surety, unless for offences punishable by death or by imprisonment for life when the proof of guilt is evident or the presumption great. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety shall require it; nor ever, without the authority of the general assembly. SEC. 11. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining them in his favor, to have the assistance of counsel in his defence, and shall be at liberty to speak for himself. SEC. 12. No person shall remain imprisoned in any civil action after he shall have delivered up his property for the benefit of his creditors in the manner prescribed by law; nor shall any person be arrested nor imprisoned in any action based upon contract, unless he shall have committed some fraud or is about to abscond from or has absconded from the State; but the general assembly may secure the enforcement of a judgment at law or decree in equity by appropriate and adequate legislation. SEC. 13. No laws shall be passed: 1, That are ex post facto, whether criminal or civil; 2, That impair the obligation of any contract; 3, That grant any irrevocable privilege, franchise, or immunity, except as hereinafter is specified; 4, That grant any special privilege or immunity to any one of a class which, upon the same terms, shall not be granted to all of that class; 5, Regulating the internal affairs of any town or city, except by general laws applicable to all of like class; 6, Establishing slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted; 7, Allowing lotteries, games of chance, the sale of tickets. in either, or gambling; 8, Subjecting to garnishment salaries or wages due for personal services under ten dollars per week, or at that rate; 9, Making any distinction between resident aliens and citizens in reference to the possession, enjoyment, or descent of property; 10, Exempting any property from taxation, or surrendering by any contract, grant, or otherwise the power to tax any property. SEC. 14. No man shall be compelled to give evidence criminating himself; but he may testify in his own behalf, in which case he shall be deemed to have waived this exemption, and he shall then be subject to cross-examination. The omission to testify in his own behalf, however, shall not subject him to comment. No one comcriminate pelled to in himself. SEC. 15. No one shall be deprived of life, liberty, or prop- Life, liberty, erty, except by due process of law. and property protected. witnesses. SEC. 16. No witness shall be unreasonably detained, nor Protection of confined in any building where criminals are imprisoned, nor shall he be detained for the purpose of securing his testimony longer than may be necessary to take his deposition. He shall be discharged upon giving sufficient security for his appearance at the trial. If unable to do so, his deposition shall be taken in the manner prescribed by law, and in the presence of the accused and his counsel, or without their presence if either or both shall fail to attend after reasonable notice of the time and place of the taking thereof. Any deposition authorized by this section shall be received as evidence at the trial, if the witness shall be dead, absent from the State, or physically unable to attend. SEC. 17. Every person shall be presumed innocent until he is pronounced guilty by the law; and no act of severity which is not necessary to secure an accused person shall be permitted. SEC. 18. The right of trial by jury shall remain inviolate. The legislature may, by general law, provide for a change of Presumption rights there of innocence: under. Trial by jury inviolate. shall remain |