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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 4   View pdf image
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4
Art. 14. That sanguinary laws ought to be
avoided, so far as is consistent with the safety of
the State; and no law to inflict cruel and unusual
pains and penalties ought to be made in any case,
or at any time hereafter.
Art. 15. That retrospective laws, punishing
acts committed before the existence of said laws,
and by them only declared criminal, are oppres-
sive, unjust and incompatible with liberty;
wherefore, no ex post facto law ought to be made.
Art. 16. That no law to attaint particular per-
sons of treason or felony, ought to be made in any
case, or at any time hereafter.
Art. 17. That every free man, for any injury
done to him in his person or property, ought to
have remedy by the course of the law of the
land, and ought to have justice and right, freely
Without sale, fully without any denial, and
speedily without delay according to the law of
the land.
Art. 18. That the trial of facts where they
arise, is one of the greatest securities of the
lives, liberties, and estate of the people.
Art. 19. That in all criminal prosecutions,
every man hath a right to be informed of the
accusation against him; to have a copy of the
indictment or charge, in due time (if required)
to prepare for his defence; to be allowed counsel,
to be confronted with the witnesses against him;
to have process for his witnesses) to examine the
witnesses for and against him on oath; and to a
speedy trial by an impartial jury, without whose
unanimous consent he ought not to be found
guilty.
Art. 20. That no man ought to be compelled
to give evidence against himself in a court of
common law, or in any other court, but in such
cases ashave been usually practiced in this State,
or may hereafter be directed by the Legislature.
Art. 21. That no free man ought to be taken
or imprisoned, or disseized of his freehold, liber
ties or privileges, or outlawed, or exiled, or in
any manner destroyed, or deprived of his life,
liberty or property, but by the judgment of his
peers, or by the law of the land; provided, that
nothing in this article shall be so construed as to
prevent the Legislature from passing all such
laws for the government, regulation and disposi-
tion of the free colored population of this state
as they may deem necessary.
Art. 22. That excessive bail ought not to be
required, nor excessive fines imposed, nor cruel
or unusual punishment inflicted by the courts of
law.
Art. 23. That all warrants, without oath, or
affirmation, to search suspected places, or to seize
any person or property, are grievous and oppres-
sive; and all general warrants to search suspected
places, or to apprehend suspected persons, with-
out naming or describing the place, or the per-
son in special, are illegal and ought not to be
granted.
Art. 24. That no conviction shall work cor-
ruption of blood, or forfeiture of estate.
Art. 25. That a well regulated militia is the
proper and natural defence of a free Govern-
ment.
Art. 26. That standing armies are dangerous
to liberty, and ought not to be raised or kept
up without consent of the Legislature.
Art. 27. That in all cases and at all times,
the military ought to be under strict subordination
to, and control of the civil power.
Art. 28. That no soldier ought to be quar-
tered in any house in time of peace without the
consent of the owner, and in time of war in
such manner only as the Legislature shall
direct.
Art. 29. That no person except regular sol-
diers, mariners, and marines, in the service of
this State, or militia when in actual service,
ought in any case to be subject to or punish-
able by martial law.
Art. 30. That the independency and upright-
ness of Judges are essential to the impartial
administration of justice, and a great security
to the rights and liberties of the people, where-
fore the Judges shall not be removed except for
misbehaviour, on conviction in a court of law)
or by the Governor, upon the address of the
General Assembly; provided, that two-thirds of
all the members of each House concur in such
address. No Judge shall hold any other office,
civil or military, or political trust or employ-
ment of any kind whatsoever, under the Con-
stitution or Laws of this State, or of the United
States, or any of them, or receive fees or per-
quisites of any kind for the discharge of his
official duties.
Art. 31. That a long continuance in the exe-
cutive departments of power or trust, is danger-
ous to liberty; a rotation, therefore, in those
departments is one of the best securities of per-
manent freedom,
Art. 32. That no person ought to hold at the
same time more than one office of profit, created
by the Constitution or laws of this State; nor
ought any person in public trust to receive any
present from any Foreign Prince, or State, or
from the United States, or any of them, with-
out the approbation of this State.
Art. 33. That as it is the duty of every man
to worship God in such manner as he thinks
most acceptable to Him, all persons are equally
entitled to protection in their religious liberty;
wherefore, no person ought, by any law, to be
molested in his person or estate, on account of
his religious persuasion or profession, or for
his religious practice, unless under color of re-
ligion, any man shall disturb the good order,
peace or safety of the State, or shall infringe
the laws of morality, or injure others in their
natural, civil or religious rights; nor ought any
person be compelled to frequent or maintain or


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 4   View pdf image
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