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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 371   View pdf image (33K)
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THE DECLARATION OF RIGHTS OF 1776

cruel and unusual pains and penalties
ought to be made, in any case, or at any
time hereafter.
15. That retrospective laws, punish-
ing acts committed before the existence
of such laws, and by them only declared
criminal, are oppressive, unjust, and
incompatible with liberty; wherefore no
ex post facto law ought to be made.
16. That no law to attaint particular
persons of treason or felony ought to be
made in any case, or at any time here-
after.
17. That every freeman 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.
18. That the trial of facts where they
arise is one of the greatest securities of
the lives, liberties, and estate of the
people.
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 unani-
mous consent he ought not to be found
guilty.
20. That no man ought to be com-
pelled to give evidence against himself
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.

21. That no freeman ought to be
taken, or imprisoned, or disseised 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.
22. That excessive bail ought not to
be required, nor excessive fines imposed,
nor cruel or unusual punishments in-
flicted by the court of law.
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.
24. That there ought to be no for-
feiture, of any part of the estate of any
person for any crime, except murder,
or treason against the State, and then
only on conviction and attainder.
25. That a well regulated militia is
the proper and natural defence of a free
government.
26. That standing armies are danger-
ous to liberty, and ought not to be raised
or kept up without consent of the legis-
lature.
27. That in all cases and at all times
the military ought to be under strict
subordination to, and controul of the
civil power.
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.
29. That no person except regular
soldiers, mariners and marines in the
371

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 371   View pdf image (33K)
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