Year: 1868

ful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to our selves and our posterity, do ordain and establish this Constitution:

 ARTICLE l.

 BILL OF RIGHTS.

 SEC. l. All political power is inher- ent in the people. Government is in- stituted for the protection, security and benefit of the people, and they have the right to alter or reform the same when- ever the public may require it. But the paramount allegiance of every citi- zen is due to the Federal Government in the exercise Of all it's Constitutional powers as the same may have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this orany other State of the Federal Union to dissolve their connection herewith, or perform any act tending to impair, subvert or resist the supreme authority of the United States. The Constitution of the United States confers full powers on the Federal Government to maintain and perpetuate it's existence, and whcn- socver any portion of the States, or the

 

 the Federal Union, or forcibly resist the execution of its laws. the Federal Government may, by warrant of the Constitution, employ armed force ill competing obedience to its authority.

 SEC. ,. The liberty of the press shall forever remain inviolate. The free communication of thoughts and opin- ions is one of the invaluable rights of man, and all persons may freely speak write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel. the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true. and was published with good motives. and for justiiiablc ends, tile party shall be ac- quilted.

 SEC. }. The equality of all persons before the law is recognized and shall ever remain inviolate: nor shall any citizen ever be deprived of any right. privilege or Immunity. nor exempted from any burden or duty. on account Of race, color. or previous condition.

 SEC. 1. The citizens have a right in pcaceablc manner, to assemble to- gcthcr for their common good, to in- struct their representatives and to pe- tiiion for the redress Of grievances, and other proper purposes.

 SEC. ,. The citizens Of this State shall ~trrvc the right to keep and bear aflns for their common defense.

 SEC. G. The right oi trial by jury shall remain inviolatc and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may bc waived by the parties in all cases, in the manner prescribed by law.

 SEC. '. Excessive bail shall not be required nor shall excessive fines be imposed. nor shall cruel nor unusual puuisinents be inflicted, nor witnesses be unreasonabiy detained.

 SEC. s. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or judicial district wherein the crime shall have been com mitted--wh hich county or district shall have been previously ascertained by law--and to be informed of the nature and cause ofthc accusation against him to have compulsory process for obtain ing witnesses in his favor and to have the assistance of counsel in his defense.

 SEC. 9. No person shall be held to answer criminal ofiense unless on the presentmcnt or indictment of a grand jury. except in cases of impeachment, or in cases of petit larceny, assault, as- sault and battery, affray, vagrancy and such other minor cases as theNicncral Assembly shall make cogniNtble by Justices of the Peace or arising in the army or navy of the United States, or in the militia when ill actual service in time of war or public danger; and no person after having been once acquitted by a jury, for the same offcnsc, shall be again put iu jeopardy of life or H. bcrty but if, in any criminal prosccu- ton, the jury be divided ii opinion, the court before which the trial shall be had may in its discretion discharge the jury and commit or bail the accused for trial at the same or the next term of said court nor shall any person be compelled in any criminal case to be witness against himself, nor be depriv- cd of life, liberty or property, without due process of law. Allpersons shall, before conviction, be bsilable by sutfi- cient sureties, except for capital of fenses-murder and treason--when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or in- vasion the public safety may require.

 SEC. 10. Every person is entitled to certain remedy in the laws for all in- juries or wrongs which he may receive in his person, property or character he ought to obtain justice freely and with ont purchase completely and without denial promptly and without delay :; conformably to the laws.

 SEC. IL. Treason against the State shall only consist in levying war against the same, or in adhering to it's enemies, giving them aid and comfort. Noper- son shall be convicted of treason uE- less on the testimony of two witnesses to the same overt act, or on confession in open court.

 SEC. F. The right of the people to be secure in their persons, houses, pa pers and effects against unreasonable searches and seizures, shall not be vio- lated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describ- ing the place to be searched and the person or things to be seized.

 SEC. l3. No bill of attainder or ex post facto law, nor any law impairing inc obligation of contracts, shall ever be passed: and no conviction shall work corruption of blood or forfeiture of estate.

 SEC. If. No person shall be impris.- oned for debt in this State but this shall not prevent the General Assem- bly from providing for imprison- ment or holding to bail persons charg- ed with fraud in contracting said debt. A reasonable amount of property shall be exempt from seizure or sale for the payment of debts or liabilities.