Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-03-03


and Providence Plantations, do ordain an,
establish this Constitution for the government
thereof
ARTICLE FIRST.
Declaration Of certain Constitutional Rights ana
Principles.
In order cffectualy TO secure the religious
ard political freedom established here by ou
veneratcd ancestors, and to preserve the same
for their posterity, we do declare, that the
inherent, essential, aud unquestionable rightr
and principles hereinafter mant:oned, among
others, shall be established, maintained anC
preserved, and shall be OF paramount obllgo-
ton in all legislative, judicial aud executive
proceedings.
Section ]. Every person, within this State
ought to find certain remedy, by having re-
course to the laws, for all injuries or wrongs
which he may receive III his on,property OF
character. He ought to obt,in right and jus.
tce freely, and without being obliged to pur.
chase it, completely, and without denial
promptly and without delay; contormably to
the laws.
Sec. 2 The right of the people to be secure
IN their persons, papers and possessions, "A
gniDst unreasonable searches and seizures
shall not be violated and no warrant shall
issue, but on complaint in writing, upon pro-
bable cause, supported by oath or affirmation
md describing as nearly as may be,thc place to
be searched and the persons or things 10 be
seized.
Sec. 3. No person shall be holden TO an
swer for a capital or other infamous crime ,un-
less on presenmcnt or indictment by grand
jury, except in cases of impeachment, or such
offences as are usually cognlzabIe by justice
OF the peace, or in cases arising 10 the land 0r
naval forces, or in the militia, when IN actual
service, in time Of war or puOic danger. No
person shall be tried, after an ncqulttal, for
the salue offence.
Sec. 4. Excessive bail shall not be reqnr-
ed, nor excessive fines imposed, nor cruel
punishmen,s inflicted aud all punlshments
ought TO be proporlioned to the offence.
Sec. 5. All persons imprisoned ought to be
bailable by sufficient surelies, unless for cap
ital offences, when the proof is evident, OF
the presumption great. The privilege OF the
writ Of habeas corpus shall not be suspended,
unless when in cases of rebellion or INVASION
the public safety shall require it nor ever
without the authority Of the General Assem-.
bly,.
Sec. G. ir al criminal prosecutions, the &C
cuscd shall enjoy the privilege Of a speedy
informed of the nature and cause of the accu-
sation, to be confronted with the witnesses
against him, to have compulsory process ior
obtaining them in his favor, and 10 have
the assistance Of counsel in his defence, and
be at liberty to speak for himself nor shall
he be deprived Of life, liberty or property, un
less by the judgment Of his peers, or the law
Of the land
Sec. z. The person Of debtor, where there
is not strong presumption of fraud, ought not
to be continued in prison, after he shall have
delivered up his property for the benefit OF
his creditors, in such manner as shall be pre-
scribed by law.
Sec 3. No ex post facto law, or law i'm
pairing the obligation of contracts, shall be
made.
.Sec. .. No man in court Of common law
shall be compelled to give evidence crimlna-
ting himself.
Sec. 10. Every man being presumed inno-
cent, until pronounced guilty by the law, all
acts Of severity, that are not necessary to Sc
cure an accused person, shall be repressed.
Sec. II. The right of trial by jury shall re-
main inviolate.
Sec IL. Private property shall not be taken
for public uses, without just compensation.
Sec. l3. The citizens shall continue to en-
Joy and freely exercise the rights of fishery
and all other rights TO which they have been
heretofore entitled under the cha rtcr Of thls
State, except as is herein otherwise provided
Sec. ID. The military shall always be held
in strict subordinatlon to the civil authority.
Sec. Is. No soldier, shall in time Of peace
be quartcred in any house, without the con
sent OF the owner nor, IN time OF war, but IN
manner 10 be prescribed by law
Sec. l6. The liberty Of the press being es
sential 10 the security of freedom in State
my person may publish his sentiments OH any
subject, being responsible for the abuse o
that liberty; and IN all trials for libel. bott
civil and criminal, the truth, unless published
from malicious motives, shall DO sufficient
defence to the person charged.
Sec. IL. The citizens have right in O
peaceobe manner 10 assemble for their com
mon good, and to apply to those invested will
the powers OF Government for redress o
grievances, or other purposes, by petition
address or remonstrauce.
Sec. lS. The right Of the people 10 keeE
aud hear arms, shull not be nfringcd.
Sec. 10. Slavery shall not be tolerated il
this State.
Sec. 90 Whereas, Almighty God hath ere
s,cd the mind free and all attempts to in
nucnce it, by temporal punIshments or bur
thens, or by civil interpretations, tend TO be
get habits of hy pocrlsy and meanness aDC
whereas a principal object Of our venerable
ancestors, IN their migrutions to this country
and their settlement Of this State, was, as
they expressed il. TO hold forth lively ex
pertinent, that lourshng, civil state, may
stand, and be bost maintained, with full liber
" IN religious concetnments We therefore
declare that no man shall be compelled Il
frequent or support any religious worship
place or ministry whatever; nor enforced. re-
strained. molcsted or bur,hened in his bod,
goods nor disqualified from holding an,
ofhco nor otherwise suffer, on account %
his religious belief And that oil mon shnl
be free to profess, aud by Argument 10 main
tain their opinion IN matters of religion an,
that the same shall in no wise diminish, en-
large or affect their civil capacities
Sec. u. The enumeration of the foregoiu!
rish,s shall not be construed 10 impair or dc
ny others retained by tho people.