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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 415   View pdf image (33K)
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THE DECLARATION OF RIGHTS OF 1851

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, pun-
ishing acts committed before the exist-
ence of such laws, and by them only
declared criminal, are oppressive, unjust
and incompatible with liberty; where-
fore, no ex post facto law ought to be
made.
Art. 16. That no law to attaint par-
ticular persons 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 pros-
ecutions, 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 wit-
nesses 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 him-
self in a court of common law, or in any
other court, but in such cases as have

been usually practised in this State, or
may hereafter be directed by the Legis-
lature.
Art. 21. That no free man ought to
be taken or imprisoned, or disseized of
his freehold, liberties 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; pro-
vided, that nothing in this article shall
be so construed as to prevent the Legis-
lature from passing all such laws for the
government, regulation and disposition
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 punish-
ment 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 prop-
erty, are grievous and oppressive; and all
general warrants to search suspected
places, or to apprehend suspected per-
sons, without naming or describing the
place, or the person in special, are
illegal, and ought not to be granted.
Art. 24. That no conviction shall
work corruption of blood, or forfeiture
of estate.
Art. 25. That a well regulated militia
is the proper and natural defence of a
free government.
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.
415

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 415   View pdf image (33K)
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