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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 447   View pdf image (33K)
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THE DECLARATION OF RIGHTS OF 1864

of Government, according to his actual
worth in real or personal property; yet
fines, duties, or taxes may properly and
justly be imposed or laid, with a political
view, for the good government and
benefit of the community.
Art. 16. That sanguinary laws ought
to be avoided as far as it 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. 17. 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. 18. 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. 19. That every 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. 20. That the trial of facts where
they arise, is one of the greatest securi-
ties of the lives, liberties, and estate of
the people.
Art. 21. That in all criminal prosecu-
tions, 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 pre-
pare for his defence; to be allowed coun-
sel; 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, with-
out whose unanimous consent he ought
not to be found guilty.
Art. 22. That no man ought to be
compelled to give evidence against him-
self in a criminal case.
Art. 23. That no man ought to be
taken or imprisoned, or disseized of his
freehold, liberties or privileges, or out-
lawed, 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.
Art. 24. That hereafter, in this State,
there shall be neither slavery nor invol-
untary servitude, except in punishment
of crime, whereof the party shall have
been duly convicted; and all persons
held to service or labor as slaves, are
hereby declared free.
Art. 25. That excessive bail ought not
to be required, nor excessive fines im-
posed, nor cruel or unusual punishment
inflicted by the courts of law.
Art. 26. That all warrants, without
oath, or affirmation, to search suspected
places, or to seize any person or property,
are grievous and oppressive; and all gen-
eral warrants to search suspected places,
or to apprehend suspected persons, with-
out naming or describing the place, or
the person in special, are illegal, and
ought not to be granted.
Art. 27. That no conviction shall
work corruption of blood, nor shall there
be any forfeiture of the estate of any
person for any crime, except treason, and
then only on conviction.
Art. 28. That a well regulated militia
is the proper and natural defence of a
free government.
447

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 447   View pdf image (33K)
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