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6. The civil and religious rights, privileges and capacities of no individual shall be diminished or enlarged, on account of his opinions or belief concerning matters of religion.

7. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

8. The person, houses, papers and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

9. The right of trial by jury shall remain inviolate.

10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the vincinage; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused.

11. No person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or militia when in actual service in time of war or public danger.

12. No person, for the same offense, shall be twice put in jeopardy of punishment. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

CONSTITUTION OF 1850.

[See Art. IV, Sec. 41.]

[See Art. IV, Sec. 42.] [See Art. VI, Sec. 25.]

[See Art. VI, Sec. 26.]

CONSTITUTION OF 1867.

Sec. 3. The civil and religious rights, privileges and capacities of no person shall be diminished or enlarged, on account of his opinions or belief concerning matters of religion.

Sec. 4. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions for libels, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. [See Art. II, Sec. 10.]

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13. Every person has a right to bear arms for the defense of himself and the State.

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14. The military shall, in all cases and at all times, be in strict subordination to the civil power.

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15. No soldier shall, in time of peace, be quartered in any house without the

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CONSTITUTION OF 1835.

consent of the owner, nor in time of war, but in a manner prescribed by law.

16. Treason against the State shall consist only in levying war against it, 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.

17. No bill of attainder, ex-post-facto law, or law impairing the obligation of contracts, shall be passed.

[See Art. I, Sec. 12.]

CONSTITUTION OF 1850.

[See Art VI, Sec. 30.]

[See Art. IV, Sec. 43.]

[See Art. IV, Sec. 44.]

CONSTITUTION OF 1867.

[See Art. II, Sec. 12.]

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Sec. 5. No bill of attainder or ex post facto law, or law impairing the obligation of contracts shall be passed.

Sec. 6. The privilege of the writ of habeas corpus remains, and shall not be suspended unless in case of rebellion or invasion, the public safety may require it.

Sec. 7. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases, unless demanded by one of the parties in such manner as shall be prescribed by law. The Legislature may authorize, in all civil and criminal cases, a trial by jury of a less number than twelve men, in all courts not of record.

Sec. 8. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, to be informed of the accusation, to be confronted with witnesses against him, to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.

Sec. 9. Any suitor in any court in this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney of his choice.

Sec. 10. The persons, houses, papers and possessions of every person shall be secure from unreasonable searches and seizure. No warrant to search any place, or to seize any person or thing, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

Sec. 11. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.

Sec. 12. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless upon the testimony of two witnesses to the same overt act, or on confession in open court.

Sec. 13. Excessive bail shall not be required; excessive fines shall not be

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CONSTITUTION OF 1835.

CONSTITUTIONS OF MICHIGAN.

CONSTITUTION OF 1850.

posed; and cruel and unjust punishment shall not be inflicted.

[See Art. I, Sec. 11.]

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[See Art. I, Sec. 13.] [See Art. I, Sec. 14.] [See Art. I, Sec. 15.]

[See Art. I, Sec. 20.]

[See Art. XI.]

19. The property of no person shall be taken for public use, without just compensation therefor.

20. The people shall have the right freely to assemble together, to consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievances.

21. All acts of the Legislature, contrary to this or any other article of this Constitution, shall be void.

ARTICLE II. ELECTORS.

1. In all elections, every white male citizen above the age of twenty-one years, having resided in the State six months next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of this State at the time of the signing of this Constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be 、entitled to vote except in the district,

[See Art. VI, Sec. 32.1

[See Art. VI, Sec. 33.]

[See Art. XVIII, Sec. 7.] [See Art. XVIII, Sec. 8.] [See Art. XVIII, Sec. 9.]

[See Art. XVIII, Sec. 10.]

:

[See Art. XVIII, Sec. 11.]

[See Art. XVIII, Sec. 13.]

[See Art. XVIII, Sec. 14.]

[See Art. XVIII, Sec. 10.]

[See Art. VII, Sec. 1.]

CONSTITUTION OF 1867.

vii

imposed; cruel or unusual punishments shall not be inflicted, nor shall witnesses be unreasonably detained.

Sec. 14. No person shall be compelled, in any criminal case, to be a witness against himself, or be deprived of life, liberty or property, without due process of law.

Sec. 15. No person shall be imprisoned for debt arising out of or founded on contract, express or implied, except in case of fraud, or breach of trust, or of promise to marry, or of moneys collected by public officers, or in any professional employment. No person shall be imprisoned for a military fine in time of peace.

Sec. 16. Every person has a right to bear arms for the common defense.

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 or occupant, nor in time of war, except in a manner prescribed by law.

Sec. 19. The people have the right peaceably to assemble together, to consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievan

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CONSTITUTION OF 1867.

the United States two years and six months, and declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election.

Third. Every male inhabitant residing in this State on the twenty-fourth day of June, one thousand eight hundred and thirty-five.

Sec. 2. In time of war, insurrection or rebellion, the right to vote at such place and in such manner as shall be prescribed by law, shall be enjoyed by all persons otherwise entitled thereto, who may be in the actual military or naval service of the United States, or of this State: Provided, Their votes shall be made to apply to the township or ward in which they are residents.

Sec. 3. All elections shall be by ballot, except of such township officers as may be authorized by law to be otherwise chosen.

Sec. 4. Every elector, in all cases except treason, felony, misdemeanor or breach of the peace, shall be privileged from arrest during his attendance at election, and in going to and returning from the same.

Sec. 5. No elector shall be obliged to attend court as a suitor or witness on the day of election, or to do military duty thereon except in time of war or public danger.

Sec. 6. No elector shall be deemed to have gained or lost his residence by reason of absence therefrom in the service of the United States or of this State, nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas, nor while a student at any seminary of learning, nor while kept at any alms-house or other asylum at public expense, nor while confined in any public prison.

Sec. 7. Laws may be passed to preserve the purity of elections, and guard against the abuses of the elective franchise.

Sec. 8. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State, in consequence of being stationed in any military or naval place within the same.

Sec. 9. No idiot or insane person shall be entitled to the privileges of an elector.

Sec. 10. Any inhabitant of this State, who may be hereafter engaged in a duel, shall be disqualified from holding any office and from voting at any election.

Sec., 11. The Legislature may authorize townships to hold their elections within the corporate limits of adjoining cities.

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ARTICLE IV.
LEGISLATIVE DEPARTMENT.

1. The legislative power shall be vested in a Senate and House of Representatives.

2. The number of members of the House of Representatives shall never be less than forty-eight, nor more than one hundred; and the Senate shall, at all times, equal in number one-third of the House of Representatives, as near as may be.

[See Art. IV, Sec. 5.]

[See Art. IV, Sections 2 and 4.]

Sec. 2. No person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided in this Constitution.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power is

Sec. 2. Neither department shall ever exercise the powers belonging to another, except in cases expressly provided for in this Constitution.

i

ARTICLE V.

LLGISLATIVE DEPARTMENT.

SECTION 1. The legislative power is

vested in a Senate and House of Rep-vested in a Senate and House of Rep-
resentatives.
resentatives.

Sec. 2. The Senate shall consist of Sec. 2. The Senate shall consist of
But after the
thirty-two members. Senators shall thirty-two members.
be elected for two years, and by single year 1870, the Legislature may increase
districts. Such districts shall be num- the number to thirty-three, by author-
bered from one to thirty-two inclusive; izing the election of two Senators in
each of which shall choose one Senator. that portion of the State now included
No county shall be divided in the form- within the limits of the Thirty-Second
ation of Senate districts, except such Senatorial District. Senators shall be
county shall be equitably entitled to elected for four years, and by single
districts. At the first election after the
two or more Senators.
adoption of this Constitution, Senators
in the odd numbered districts shall be
elected for two years, and in the even
numbered districts for four years. Such
districts shall be numbered from one
to thirty-three inclusive, each of which
shall choose one Senator. No county
shall be divided in the formation of
Senate districts, unless such county
shall be equitably entitled to two or
more Senators.

Sec. 3. The House of RepresentaSec. 3. The House of Representatives tives shall consist of not less than shall consist of not more than one hunsixty-four, nor more than one hundred dred and ten members. Representamembers. Representatives shall be tives shall be chosen for two years, and chosen for two years, and by single by single districts. Each representadistricts. Each representative district tive district shall contain, as nearly as shall contain, as nearly as may be, an may be, an equal number of inhabiequal number of white inhabitants, and tants, and shall consist of convenient civilized persons of Indian descent not and contiguous territory; but every members of any tribe, and shall con- organized county containing a popusist of convenient and contiguous ter-lation of not less than four thousand, ritory. But no township or city shall and every two or more contiguous orbe divided in the formation of a repre- ganized counties, containing a like popsentative district. When any township ulation, shall constitute a representative or city shall contain a population district, and be entitled to one Reprewhich entitles it to more than one sentative. In every county entitled to Representative, then such township or more than one Representative, the city shall elect by general ticket the board of supervisors shall assemble at number of Representatives to which it such time and place as may be prois entitled. Each county hereafter or- vided by law, and divide the same into ganized, with such territory as may be representative districts, equal to the attached thereto, shall be entitled to a number of Representatives to which separate Representative when it has such county is entitled by law, and attained a population equal to a moiety shall cause to be filed in the offices of of the ratio of representation. In the Secretary of State and clerk of every county entitled to more than one such county, a description of such Representative, the board of supervi- representative districts, specifying the sors shall assemble at such time and number of each district, and the popplace as the Legislature shall prescribe, ulation thereof, according to the last and divide the same into representa- enumeration.

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