Southern Argus., 1838-12-04
- CONSTITUTION
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- and establish sse 20.
f'huf an iicelnen when ae. losn
,.;ol cou,Dsct are equal IN zig ard that
~ -. 81 sstof men, are entitled g exc u
-;vs. separate public einoluments o. rlyl'e ges
from the community bos IN ccaslle iion. q q
SEC. 2. That al political power q inher-
ent in the people, and al free goyernnei eiits are
foundsa 0I their authority and esta1lsshed ioI
Shuir b5nellts and therefore, they have at al
timeFan unaiienanle and indeieasibla right to
altar 81 abolish their lofmIO government ID
such manner AZ they may think expedient.
GrrC The exercise and enjoyment oi
relidiocs h6fsssion and worship, without dis
srimination, shall forever Be free 70 az per-
acne n tlis State: Provided That the right
hereby declared and established shall not be so
construed as 10 excuse acts Of hcentousnesa
ar inst;fv nraetices Inconsistent with the peace
and safety Of the State
SIC. a No preference shall ever be giv-
on BY law 10 any religious sect o.. mode Of
See. 5. That no person shall be molested
for his opinion on any subject whatever, nor
suffer any civil or political incapacity, or ac-
uuire any civil or political advantagein conse-
Guance Of such opinions, eXeeptin cases pro-
Vided for in this Constitution.
SEC. 6. Every citizen may freely speak,
write, and publish his sentiments on all sub
iects, being responsible for the abuse of that
Sc. 2. No law shall ever be passed to
curtail or restrain the liberty of speech or o.
the press.
SIC. g. In all prosecutions or indictments
for libel, the truth may be given in evidence
and If Il shall appear to the jury, that the mat
ter charged as libellous is true, and was pub
lished with good motives and for justifable
ends, the party shall be acquitted; and the
jury shan have the right to determine the law
and the facts.
SEC 8. That the people shall be secure
an their persons, houses, papers, and posses
sions, from unreasonable seizures and search
es; and that no warrant TO search any place,
or to seize any person or things, shall issue
without describing the place to be searched,
and the person or thing to be seized, as near
as may be, nor without probable cause
supported by oath or Affirmation.
SEc 10. 9'hatinan cFiminal prosecutions,
the accused hath right to be heard, by him.
self or counsel, or both; to demand the ma
ture and cause Of Che accusatlon; TO be con.
fronted BY the Witnesses against him; to have
compulsory process for obtaining witnesses
IN his favor; and in all prosecutions BY indict.
Tnent or miormatiOns, speedy and public trial
by an impartial jury of the county where the
offence was committed that he cannot be
compelled to give evidence against himself
nor can he be deprived Of his life; liberty, OF
property, but by due course of law.
SEC. III. No person shall be accused, ar
rested or detained, except in cases ascertained
by law, and according to the form which the
same has prescribed and no person shall fe
punished, bat IN virtue of a law established and
promulgated prior to the offence, and legally
applied. ~
SEC. IL. That no person shall, for any In
dlctable offence, be proceeded against GRIMM
ally by information, except in cases arising i'm
the land or naval forces, or the militia, when
in actual service, or by leave Of the court, for
misdemeanOr in Office.
SEC. l3. No person shall, for the same of
fence be twice put in jeopardy of life or limb,
nor shall any PERSONS property be taken OF
applied TO public use without the consent oi
the Legislature, and without Just compensation
being first made therefor. qs ..-e
SEC. IA. That all courts shall be open, and
every person for an injury done him in his
lands, goods, person or reputation. shall have
remedy by due course Of law, and right and
justice administered without sale, denial or de-
lay. ~. f.-. +.
SIC. Is. That no power of suspendinp
laws shall be exercised, except by the Legs.
Iature, or its authority.
SEC. Is. That excessive bail shall not be
required, nor excessive fines imposed, nor cru.
el Punishments inflicted.
SEC. ~. That all prisoners shall before
conviction, be bailabIe by sufficient securities
except for capital offences, where the proof il
evident, or the presumption great and the
privilege Of the writ Of hd6eas corpus shah no
be suspended, unless when in case Of rebel
hon or invasion, the public safety may requir
il. Il
SIC. fs. That the person of dsbtoi
when there Is not strong presumption offfauI
shall not be detained inprison, after deliverin
up his estate for the benefit Of his creditor
in such manner as shall be prescribed B
law. g1am HHW0lff EHNg
SIC. 10. No conviction for any Offend
shall work corruption of blood or forfeiture
estate: the Legislature shall pass no bill
attaindeT, er post JactO law, nor law impairir
the obligation OF contracts. vla f v8
SEC. 20. No property qualification for e
gibllty to office or for the right OF suttrag
shallever be required by law in this State.
SEC. p Thattie citizens have = right
a peaeeable manner, to assemble together
their common good, and to apply TO those vet
ed with the powers of government, for I
dress Of grievances or other proper purpos'
bypetitiOn, address, or remonstrance.
SEC. %. Every citizen has right to be
arms in defence Of himself and Of the Sta
SIC. "a No standing army shall be ke
up without the consent Of the Legislatur
and the military shall, u al cases, and at
times, be IL strict subordination to the ci
SEC. 25. That no soldier shall, in time
peace, Be quartered IN any house, without [
consent Of the owner, Of IN time Of war, !
IN manner TO bepfescFibed By law.
SEc. 28. That no hereditary emolumen
privileges or honors shall ever be granted
vconierred In this State.
rSEc. .27. Emigratioa from this State sh
not be prohibited, nor shan any free white q
zenCf this State ever eexiled, under any bi
tence whatever.
SEC. 2s. The right Of trial BY jury sh
remain inviolate. n
SEC. %. No person shall be debarr
from prosecuting or defending any civil eau
f0r of against him Or herself before anytrib
'ilal IN this State, BY him or herself orfcou
sSsl q both a fI es
NEe.la0 No person shah ever be appoil
sed or elected a anSr nfFlrpif flias State far 7