The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-09-25


preseotment or Indictment of grand
jury of the county where the crime
shall have been committed, except in
cases arising in the land or naval forces
or 10 the naval militia. when in actual
service i1 time of war or public danger !;
nor shall any person be subject for the
same offense to be put twice in jeopardy
Of life or liberty nor shall be compelled
10 any criminal case to be witness
agains. himself; nor be deprived Of
life, liberty or property without due
process of law nor shall private prop
erty be taken for public use without
just compensation.
Sec. 2l. In all criminal prosecutions
the accused shall enjoy the right to a
speedy and public trial by au impartial
jury Of the county where the crime
shall have been committed and to be
Informed of the nature and cause of the
accusation to be confronted with the
witnesses against MIN; to have compul-
sorry process for obtaining witnesses iu
his favor and to have the assistance Of
counsel 10 his defense.
Sec. %. Excessive bail shall not be
required. nor excessive fines imposed
nor cruel aod unusual punisbmeDts ln-
Hicted, nor shall witnesses be unreason-
ably detained. Corporal punishment
shall not be inflicted. The power to
punish for contempt shall not in any
case extend to imprisonment in the
State peniteptlary
See. %. All persons shall before con
viction be baiIable by sufficient sureties
except for capital offences, when the
proof is evident or the presumption
great.
Sec. "a. In all indictments or pro
secutions for libel the truth Of the al
legged libel may be given 10 evidence
and the jury shall be judges of the Ian
and the facts.
Sec. 25. The privilege Of the writ o
babeas corpus shall not be suspended
when in cases of insurrectioo. rebel
lion or invasion. the public safety may
require it.
Sec. 26. No person shall be impris
oped for debt except 10 cases of frard
and reasonable amount Of property
as homestead. shall be exempted from
seizure or sale for the payment of deb
or Liabilities. except for the payment o
such debt or liabilities as are provided
for in this Constitution.
Sec. 81. 10 all civil actions formerly
known as suits at common law. where
the value in controversy shall exceed
$50. the right Of trial by jury shall be
preserved inviolate.
Sec. %. A we'll regulated militia be.
ing necessary to che security of free
State. the right of the people to keeE
and bear arms shall not be infrioged
As 10 times Of peace armies are dan.
gerous to liberty, they shall not be
maintained without the consent of the
General Assembly. The military power
of the State shall always be held 10 sub
ordination to the civil authorities and
be governed by it. No soldier sbal
10 time of peace be quartered in any
house without the consent of the own
er. Dor in time of war but in the man
ner to be prescribed by Law.
Sec. 90. No persons shall in any case
be subject to martial law or to any
pains or penalties by virtue of that Law
except By those employed in the army
and navy of the United States and ex-
cept the militia in actual service by the
authority Of the General Assembly
Sec. 80. No person who has con-
scientious scruples against bearing
arms sbal! be compelled to do so, but
be shall pay 40 equivalens for personal
service.
Sec. 81. All navigabe waters sh al
forever remain pubic highways free to
The citizens Of the State and the United
States without tax, impost, or toll i'm
posed ; and no tax. toll, impost or
wharfage shall be imposed, demanded
or received from the owner of any mer-
,hapdise or commodity for the use OF
the shores on any wharf erected on the
shores or in or over the waters of any
pagigable stream unless the same be
authorized by the General Assem- bly,
Sec. 80 The provisions of the Con-
stitution shall be taken. deemed and
construed to be mandatory and pro-
hibitory and not merely directory ey-
ctpt where expressly made directory
or permissory by its own terms.
Judge I. b. Fraser offered the fol-
lowing
Whenever upon the hearing of any
cause or question either at law or equi
ty before tie Supreme Court it shall
appear TO the justices of the same, or
aoy two of them, that there is ques-