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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 513   View pdf image (33K)
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THE DECLARATION OF RIGHTS OF 1867

Art. 15. That the levying of taxes by
the poll is grievous and oppressive, and
ought to be prohibited; that paupers
ought not to be assessed for the support
of the Government; but every person in
the State, or person holding property
therein, ought to contribute his propor-
tion of public taxes for the support of
the Government, according to his ac-
tual 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,
punishing 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; nor any retrospective oath
or restriction be imposed, or required.
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 in-
jury dene to him in his person or prop-
erty, 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 prose-
cutions, 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 defense; to be allowed coun-
sel; to be confronted with the witnesses
against him; to have process for his wit-
nesses; 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. 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, lib-
erty or property, but by the judgment
of his peers, or by the Law of the Land.
Art. 24. That Slavery shall not be re-
established in this State; but having
been abolished, under the policy and
authority of the United States, compen-
sation, in consideration thereof, is due
from the United States.
Art. 25. 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. 26. 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 ille-
gal, and ought not to be granted.
Art. 27. That no conviction shall
work corruption of blood or forfeiture of
estate.
513

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 513   View pdf image (33K)
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