The Montgomery advertiser., 1901-08-30


 the blessings of liberty to ourselves and our postnrity, Invoking the favor ano guidance of Almighty God, do 1 ordain and establish the following Con stitutiun and form of government for l the < ate of Alabama
 The President-The Clerk will read | Article i.
 Mir. White-I think the rules require that we should adopt 1t section by sec | ton.
 The President--rhe rule was reported by the Committee on Rules and adopted that the Constitution should be taken up article by article.
 MT. White-very well.
 Article I was read as follows: ARTICLE 1. Declaration of Rights. That the great general and essential principles of liberty and free govern ment may be recognized and establish ed. we declare:
 1. That all men are equally free and independent that they are endowed by their Creator with certain inalienabie rights; that among these are life. lib- erty and the pursuit of happiness. 2. That all political power Is inher- ent in the people. and. all free govern nents are founded e, their authority and instituted for their benefit; and that, therefore. they have at all times an inaiienable and indefeasible right to change their form of government in such manner as they may deem expedi- ent.
 5. That no religion shall be establish ed by law; that no preference shall be given by law to any religious sect or society. denomination or mode of wor- ship; that no one shall be compelled by law to attend any place of worship; nor tn pay tithes. taxes or other rates for building or repairing any place of worship UT for maintaining any min ister or ministry ;that no religious test shall be required as a qualification to any office or public trust under this State: and that the civil rights, privi- ;eEes and capacities of any citizen shall not be. in any manner, affected by his religious princip-os.
 {. That no law shall ever be passed to curtail or restraiu the liberty Of speech or of the press; and any person may speak. write and publish his senti- lnents on all subjects. being responsible for the abuse oi that liberty.
 .. That the people shall be secure in their persons. hC..ses. papers and pos sessions from unreasonable seizures or searches; and that no warrant shall issue to search any place or to seize any person or thing without proba bie cause. supported by oath or affirmation.
 6. That in all criminal prosecutions the accused has the right to be heard by himself and counsel, or either: to de- mand the nature and cause of the &C., cusation and to have copy thereof; to be confronted by the witnesses against him: to have compulsory process for obtaining witnesses in his favor; to tes- tify in all cases in his own behalf, if he elects so to do; and in all prosecu- tions by indictment. q speedy public trial by an impartial jury of the county or district in which the offense was committed: and he shall not be compelled to give evidence against himself nor be deprived of life, liberty or property, except by due process of law: but the Legislature may. by a general law. provide for a change of venue at the instance of the defendant in all prosecutions by indictment. and such change of venue. on application of the defendant. may be heard and de- termined without the personal presence Of the defendant so applying therefor: provided, that at the time of the appli- cation for the change or venue. the ,-r- f'andant is imprisoned in jail or soms other legal place of confinement.
 I. That no person shall be accused or arrested. or detained, except in cases ascertained by law, and according to the forms which the same has prescrib- eS, and no person shall be punished but by virtue Of law established and promulgated prior to the offense and legally applied.
 8. That no person shall for an indict- able offense be proceeded against cri- minally hy information, except in cases arising ia the militia and volunteer xt-han in ba assembled under arms as a military organization. or by leave of the court for misfeasance, misdemeanor, extor- tion and oppression in office; otherw.se than is provided in this Constitutions: provided. that in cases of misdem2anor. the Legislature may by law dispense with a Grand Jury and authorize such prosecutions and proceedings before justices ot the peace or such other in ferior courts as may be by law estab- lished.
 That no person shall. for the same offense, be twice put in jeopardy of his life or limb; but courts may. for reas- ons fixed by law. discharge juries from the consideration of any case, and no person shall gain any advantage by reason of such discharge of the jury.
 10. That no person shall ba barred from prosecuting or defending before any tribunal in this State, by himself or counsel. any civil cause to which he Is party.
 Il. That the right of trial by jury shall remain invlolate.
 12. That in all prosecutions for libel or for the publication of papers inves- tigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information. the truth thereof may be given in evidence; and that in all in- dictments for libel the jury shall have the right to determine the law and the facts under the direction of the court.
 13. That all courts shall be open: and that every person, for any injury done him. in his lands. goods, person or rep utation. shall have a remedy by due process of law; and right and justice shall be administered without sale, de- nial or delay.
 1&. That the State of Alabama shall never be made a defendant in any court of law or equity.
 15. That excessive fines shall not be imposed. nor cruel or unusual punish ments inflicted.
 16. That all persons shall, before con- viction. be bailahle by sufficient sure ties. except for capital offenses. when the proof is evident or the presumption great. and that excessive bail shall not in any case be required.
 r.. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State.
 IS. That treason against the State shall consist only in levyiug war against 1t. or adhering to its enemies giving them aid and comfort; and that nf, nerSon shall he convicted of treason