Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-04-30

sual punishments. inflicted. Penalties shall
be proportioned to the character and degree
of the offense; No person shall be. trans
.Pnrted out of, forced to. .lease the State, for
any offense comitted within tlestha same
nor shall any person, in any criminal case, be
compelled to be witness against himself, OF
be twice put in jeopardy of life or liberty for
the same .ofense.
g. The right of the citizens to be sscrre
in their houses, persons, papers and effects
against unreasonable searches and seizures,
shall not be violated. Nowarraut shall issue
except upon probable cause, supported by
oath or Affirmation, particularly describing the
place to be searched, or the person or thing
to be seized.
z, No law abridging the freedon of speech,
or Of the press, shall be passed but the leg.
islature may, by suitable penalties, restrain the
publication or sale of, obscene books, papers,
or picture, and provide for the punishment of
libel, and defamation of character, and for
the recovery, in civil actions, by the aggrieyed
party, of suitable damages for such libel, or
defamation.
8. In prosecutions, and civil suits for libel,
the truth may by. given in evidence; and if
it shall appear to the jury, that, the matter
charged :aa libelous, is true, and was published
with good motives, and for iustiiable ends,
the verdict shall be for the defendant.
b ~. Private property shall not be taken or
: damaged for. public use, without just compen-
sation nor shall the same be taken by any
company, incorporated for Che purposes Of
internal improvement, until just compensation
shall have been paid, OF secured to be paid to
the owner; and when private property shall
be taken, or damaged, for public use or for
the use of snch corporations, the compensa-
tion to the owner shall be as.ertained in such
manner, as may be prescribed by general law;
provided, that when required by either of the
parties, such compensation shall be ascer-
tained by an impartial jury of twelve free
holders. =,
10. No person shall be, deprived of life,
liberty, or property without due process Of
law, and the Judgment of his peera ~.
:. IL. Political tests requiring persons, as a
prerequisite to the enjoyment of their civil and
political rights, to purge themselves by their
own oaths.. of past alleged offenses, are re-
pugnant to the principles of free government,
and are cruel and oppressive. No religious or
political test oath shalt be required as a
prerequisite or qualification to vote, serve as
juror, sue, plead, appeal OF pursue any pro-
iession, or employment. :. Nor shall any per-
son be deprived by law. of any right or privi-
iege, because of any act dono prior to the
passage of such law.
~. Standing armies in time of peace,
should be avoided, as dangerous TO liberty
The military shall be subordinate to the civ
il power, and no citizen, unless engaged in
the military service of the State, shall be
tried or punished by any military court, for
any ofense that is cognizable by the civil
courts of the State. No soldier shall, in time
,ot peace, bo quarSered in any house, without
cn~E of Sl,ao A.
except IN the manner to be prescribed by law
10 In suits at common law, whcro the
value in controversy. exclusive of interest aud
costs, exceeds twenty dollars, the right of
trial. by jury of twelve men, if required By
either party, shall be preserved except that
IN appeals from the judgments of Justices, a
jury OF. a less number may be authorised by
law; but in trials of civil cases before JUS
tice no jury shall be allowed No fact tried
by jury, shall, in any case .he otherwise re.
examined than according to tho rules of the
common lav.
IA. Trials of crimes, and of misdemeanora,
unless herein otherwise provided shall be by
.aiury of Twelve men, public. without un-
reasonable delay, and in the county where
the alleged offense was committed, unless
upon petition of the accused, and for good
cause shown. it is removed to some. other
county. ln all such trials, the accused shall
be fully and plainly informed of tho .charac>
ter and cause of the accusation, and be con-
fronted with the witnesses against him, and
shall have the assistance of counsel, and a
reasonable time to prepare for his defense
and there shall be awarded to him, compnl.
sorry process fo7 obtaining witnesses in his
fzvcr.
10. No man shall be compelled to frequent
or support any religions worwhip, place or
ministry whatsoever; nor shall any, man Be
enforced, RESTRAINED, molested or burthened,
In his body or goods, or otherwise suffer, on
account of his religious opinions or belief;
but all men shall be free to profess, and, by
argument, to maintain. their opinions in mat>
ters Of religion and the same shall, in NO
wise .aEect, diminish, or enlarge their civil
capacities; and the Legislature shall not pre-
scribe any religious test whatever, or confer
any peculiar privileges or advantages to. any
sect or denomination or pass any law requir-
ing or authorizing any religious society, or
the people Of any district within this State,
to levy on themselves, or others, any tax for
the erection, or repair of any house for, pub
lie worship, or for the support of any church
or ministry, but it shall<be left free for every
person to select his religious instructor, and
to make for his support such private contract
as he shall please.
16. The right of the people to assemble IN
a peaceable manner, to consult for the COM
mon good, to instruct their representatives,
or apply for redress of grievances, shall
be held inviolate
IL. The courts of this State shall be open,
and every person for an injury done to him
in his person, property, or reputation, shall
have remedy by due course of law; and JUS
t'ce shall bs administered without sale, denial
or delay. i,
:, IL. No conviction shall work corruption of
blood OF forfeiture of estate.
fs: No hereditary emoluments, honors or
privileges shall ever be granted or conferred
in this State
-; 20. Free government, and the blessings of