The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1890-09-11

bail the prisoner for trial at the next
term Of court or at the same term.
Sec. 81. That the people shall be Sc
cure in their persons, houses and pos
sessions from unreasonable seizure or
search; and no warrant shall be issued
without probable cause supported by
other affirmation specially designating
the place to be searched and the person
or thing TO be seized.
Sec. 20. That all courts shall be open;
and every person for any injury done
him in his lands, goods, person or repu-
tation, shall have remedy by due course
of law, and right and justice admins
tered without sale, denial or delay.
Sec. %. That no person shall be de-
barred from prosecuting any civil cause
for or against him or herself before any
tribunal in this State by him or her
self, or counsel, or both.
Sec "a. That in all criminal prosecu-
| tions the accused shall have right to
| be heard by himself or counsel, or both,
| to demand the nature and cause OF the
accusation, to be confronted by the wit
ness against him, to have compulsory
process for obtaining witnesses in his
| favor, and in all prosecutions by indict-
ment of information speedy and pub
| lie trial by an impartial jury of the
|
and he shall not be compelled to give
evidence against himself.
| Sec. 25. That no persons, for any in
dictable offense, be proceeded against
criminally by information, except In
| cases arising in the land, or naval forces,
or the militia, when in actual service,
or by leave of the court, for misdemeanor
in office; provided the Legislature in
cases not punishable by death or by inn
prisonment in the penitentiary may
dispense with the inquest of grand
| jury, and may authorize prosecutions
before Justices of the Peace, or such
other inferior court or courts as may be
esta blished, and the proceedings In Such
cases be regulated by law.
Sec. 2G. That cruel or unusual punish
ment shall not be inflicted, nor shall ex-
cessiye fines be imposed.
Sec. 81. That excessive bail shall not
be required; and all persons shall, be-
fore conviction, be bailable by sufficient
sureties, except for capital offenses,
when the proof is evident or presump-
tion great
Sec. %. That there shall be no i'm
prisonment for debt.
Sec. 90. That the right of trial by
| jury shall remain inviolate.
Sec. 30. That the enumeration OF
rights in this constitution shall not be
| construed to deny or impair others re-
tanned by any inherent in the people.
! 1t was thought when the Convention
adjourned yesterday, after having been
in wrangle for three days over the
penitentiary provisions, that the matter
was settled. Such was not the case,
however, for soon after the Convention
met this morning Senator billiard called
up the subject by introducing an amend
ment to section l of the ordinance,
which provided that the Governor
should appoint Ave commissioners, who
should, if the Legislature decided to es-
| tablish prison farm, report to 1T the
cost of bodies of land offered for the
purpose, cost of putting such a prison
in shape for occupany, etc.
Mr.. Powell, of DeSoto, objected to
the amendment, and insisted that the
whole matter should be left to the dis
cretion of the Legislature.
Messrs Alcorn and Sykes made strong
speeches against the amendment, while
Messrs. Yerger, Fewell and several
others favored it.
When the vote was finally reached
the amendment was adopted by vote
of Ga against 55.
The second section was then stricken
out, and the penitentiary question is
presumed to be finished.
Mr.. Magruder submitted proposition
that after January /, 1898, county con-
victs shall not be leased or hired to
contractors, but to work on county i'm
provements.
Mr.. Patty, chairman of the Franchise
Committee. said that as the report of
that committee had been made the
special order for today, he submitted
that the report had just been printed so
that members should have time to ex-
anime it carefully, and therefore the
committee would not urge its immediate
consideration and let another day be
set. This was agreed to and the report
made the special order for Monday after
noon.
Mr.. Ward, of Madison, submitted
proposition that all money for liquor
licenses should be turned into the
several county treasures wherein col
lected.
Gen. Fetherstone of the Committee on
Military then called up that report, and
the Convention talked war for the re-
mainder of the day.
The committees report recommends,
after adopting the present constitu-
tional provisions on the subject, that
the Legislature shall appropriate not
less than $4,000 yearly for the main
tenance of the State militia, and that the
County Boards of Supervisors could also
aid in the maintenance of the ma
tional guard as organized in the county.
1t had not been supposed that the re-
port was going to encounter any con-
siderable opposition. But it developed
a perfect cyclone of martial rhetoric.
The discussion took a wide range on the
motion of Mr.. Simonton, of Lee, to
strike ont the sum of $4,000 and insert
that the Legislature may appropriate
whatever sum it sees fit. 1t drew out
the best oratory in the convention. The
military life of every nation known to
history was referred to.
Gen. Featherstone opened the debate
in favor of the report, and urged the
necessitv of an organized national