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That the general, great, and essential principles of liberty and free
government may be recognized and established, we declare-
Section 1. That no man, and no set of men, are entitled to exclusive
separate public emoluments or privileges, but in consideration of public
services.
Section 2. That all political power is inherent in the people, and
all free governments are founded on their authority, and instituted for
their benefit ; and that, therefore, they have at all times an inalienable
and indefeasible right to alter, reform, or abolish their form of government,
in such manner as they may deem expedient.
Section 3. That no person within this State shall, upon any pretence
whatever, be deprived of the inestimable privilege of worshipping God in
the manner most agreeable to his own conscience ; nor be hurt, molested,
or restrained in his religious profession. Sentiments, or persuasions, provided
he does not disturb others in their religious worship.
Section 4. That no religion shall be established by law ; that no
preference shall be given by law to any religious sect, society, denomination,
or mode of worship ; that no one shall be compelled by law to attend any
place of worship, nor to pay any tithes, taxes, or other rate, for building
or repairing any place of worship, or for maintaining any minister or ministry
; that no religious test shall be required as a qualification to any office
or public trust under this State ; and that the civil rights, privileges,
and capacities of any citizen shall not be in any manner affected by his
religious principles.
Section 5. That every citizen may freely speak, write, and publish
his sentiments on all subjects being responsible for the abuse of that liberty.
Section 6. That the people shall be secure in their persons, houses,
papers, and possessions, from unreasonable seizures or searches ; and that
no warrant shall issue to search any place, or to seize any person or thing,
without describing them as nearly as may be, nor without probable cause,
supported by oath or affirmation.
Section 7. That in all criminal prosecutions, the accused has a right
to be heard by himself and counsel, to demand the nature and cause of the
accusation, to have a copy thereof, to be confronted by the witnesses against
him, to have compulsory process for obtaining witnesses in his favor, and,
in all prosecutions by indictment or information, a speedy public trial
by an impartial jury of the county or district in which the offence was
committed ; and that he shall not be compelled to give evidence against
himself, nor be deprived of his life, liberty, or property, but by due course
of law.
Section 8. That no person shall be accused; arrested, or detained,
except in cases ascertained by law, and according to the forms which the
same has prescribed ; and that no person shall be punished, but by virtue
of a law established and promulgated prior to the offence, and legally applied.
Section 9. That no person shall, for any indictable offence, be proceeded
against criminally by information ; except in cases arising in the land
and naval forces, or in the militia when in actual service, or, by leave
of the court, for oppression or misdemeanor in office. Provided, that in
cases of petit larceny, assault and battery, affray, unlawful assemblies,
vagrancy, and other misdemeanors, the General Assembly may by law dispense
with a grand jury, and authorize such prosecutions before justices of the
peace, or such other inferior courts as may be by law established ; and
the proceedings in such cases shall be regulated by law.
Section 10. That no person shall, for the same offence, be twice
put in jeopardy of life or limb.
Section 11. That no person shall be debarred from prosecuting or defending,
before any tribunal in this State, by himself or counsel, any civil cause
to which he is a party.
Section 12. That the right of trial by jury shall remain inviolate.
Section 13. That in prosecutions for the publication of papers investigating
the official conduct of officers or men in public capacity, or when the
matter published is proper for public information, the truth thereof may
be given in evidence ; and that in all indictments for libels, the jury
shall have the right to determine the law and the facts, under the direction
of the court.
Section 14. That all courts shall be open ; and that every person,
for any injury done him, in his lands, goods, person or reputation, shall
have a remedy by due course of law, and right and justice administered,
without sale, denial, or delay.
Section 15. That suits may be brought against the State, in such
manner, and in such courts, as may be by law provided.
Section 16. That excessive fines shall not be imposed, nor cruel
punishments be inflicted.
Section 17. That all persons shall, before conviction, be bailable
by sufficient sureties, except for capital offences, when the proof is evident,
or the presumption great ; and that excessive bail shall no , in any case,
be required.
Section 18. That the privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases of rebellion or invasion, the public
safety may require it.
Section 19. That treason against the state shall consist only in
levying war against it, or adhering to its enemies, giving them aid and
comfort ; and that no person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or his own confession
in open court.
Section 20. That no person shall be attainted of treason by the General
Assembly ; and that no conviction shall work corruption of blood, or forfeiture
of estate.
Section 21. That the estates of suicides shall descend, or vest,
as in cases of natural death ; and that, if any person shall be killed by
casualty, there shall be no forfeiture by reason thereof.
Section 22. That the person of a debtor, when there is not a strong
presumption of fraud, shall not be detained in prison, after delivering
up his estate, for the benefit of his creditors, in such manner as shall
be prescribed by law.
Section 23. That no power of suspending laws shall be exercised,
except by the General Assembly, or by its authority.
Section 24. That no ex-post-facto law impairing the obligation of
contracts, shall be made.
Section 25. That private property shall not be taken or applied for
public use, unless just compensation be made therefore ; nor shall private
property be taken for private use, or for the use of corporations other
than municipal, without the consent of the owner. Provided, however, that
laws may be made securing to persons or corporations the right of way over
the lands of other persons or corporations, and, for works of internal improvement,
the right to establish depots, stations, and turn-outs ; but just compensation
shall, in such cases, be first made to the owner.
Section 26. That the citizens have a right, in a peaceable manner,
to assemble together for their common good, and to apply to those invested
with the powers of government for redress of grievances, or other proper
purposes, by petition, address, or remonstrance.
Section 27. That every citizen has a right to bear arms in defence of
himself and the State.
Section 28. That no person, who conscientiously scruples to bear
arms, shall be compelled to do so but may pay an equivalent for personal
service.
Section 29. That no standing army shall be kept up, without the consent
of the General Assembly ; and in that case, no appropriation for its support
shall be for a longer term than one year ; and that the military shall,
in all cases, and at all times, be in strict subordination to the civil
power.
Section 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, but
in a manner to be prescribed by law.
Section 31. That no title of nobility, or hereditary distinction,
privilege, honor, or emolument, shall ever be granted or conferred in this
State ; and that no office shall be created, the appointment of which shall
be for a longer term than during good behavior.
Section 32. That emigration from this State shall not be prohibited,
and that no citizen shall be exiled.
Section 33. That temporary absence from the State shall not cause
a forfeiture of residence once obtained.
Section 34. That hereafter there shall be in this State neither slavery,
nor involuntary servitude, otherwise than for the punishment of crime, whereof
the party shall have been duly convicted.
Section 35. That the right of suffrage shall be protected by laws
regulating elections, and prohibiting, under adequate penalties, all undue
influence from power, briber, tumult, or other improper conduct.
Section 36. This enumeration of certain rights shall not be construed
to deny or disparage others retained by the people ; and to guard against
any encroachment on the rights hereby retained, or any transgression of
any of the high powers by this constitution delegated, we declare, that
everything in this article is excepted out of the general powers of government,
and shall forever remain inviolate, and that all contrary thereto, or to
the following provisions, shall be void.