THE DECLARATION OF RIGHTS.
or deprived of his life, liberty or property, but by the judgment of
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 inflicted by the courts of law.
23. That all warrants without oath, or affirmation,
to search suspected
places, or to seize any person or property, are grievous and oppressive;
general warrants to search suspected places, or to apprehend suspected
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 forfeiture 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
26. That standing armies are dangerous to liberty,
and ought not to be
raised or kept up without consent of the legislature.
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 quartered in
any house in time of peace
without the consent of the owner, and in time of war in such manner only
the legislature shall direct.
29. That no person except regular soldiers,
mariners and marines, in the
service of this state, or militia when in actual service, ought in any
case to be
subject to, or punishable by, martial law.
30. That the independency and uprightness of
judges are essential to the
impartial administration of justice, and a great security to the rights
of the people; wherefore the chancellor, and all judges, ought to hold
commissions during good behaviour, and the said chancellor and judges shall
be removed for misbehaviour, on conviction in a court of law, and may be
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.
salaries liberal, but not profuse, ought to be secured to the chancellor
judges, during the continuance of their commissions, in such manner and
such time as the legislature shall hereafter direct, upon consideration
circumstances of this state. No chancellor or judge ought to hold
office, civic or military, or receive fees or perquisites of any kind.
31. That a long continuance in the first executive
departments of power or
trust, is dangerous to liberty, a rotation therefore in those departments
of the best securities of permanent freedom.
32. That no person ought to hold at the same
time more than one office of
profit, nor ought any person in public trust to receive any present from
foreign prince or state, or from the United States, or any of them, without
approbation of this state.
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 professing the christian
are equally entitled to protection in their religious liberty, wherefore
ought, by any law, to be molested in his person or estate on account of
persuasion or profession, or for his religious practice, unless under colour
of religion any man shall disturb the good order, peace or safety of the