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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 6   View pdf image (33K)
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his proportion of public taxes, for the support
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, on persons or property, with a politi-
cal view, for the good government and benefit
of the community.
ART. 14. That sanguinary laws ought to
be avoided as far as 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. 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 lib-
erty; wherefore, no ex post facto law ought
to be made.
ART. 16. That no law to attaint particular
persons of treason or felony, ought to be made
in any case, or at any time hereafter.
ART. 17. That every free white 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 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 re-
quired) 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
unanimous consent he ought not to be found
guilty.
ART. 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 prac-
ticed in this State, or may hereafter be directed
by the legislature.
ART. 21. That no free man ought to be
taken or imprisoned, or disseized of his free-
hold, liberties or privileges, or outlawed, or
exiled, or in any manner destroyed, or de-
prived of his life, liberty or property, but by
the judgment of his peers, or by the law of
the land; provided, that nothing in this arti-
cle shall be so construed as to prevent the
legislature 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 punishment 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 property, are grievous
and oppressive; and all general warrants to
search suspected places, or to apprehend sus-
pected persons, 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 gov-
ernment.
ART. 26. That standing armies are danger-
ous 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 subor-
dination to, and control of, the civil power.
ART. 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.
ART. 29. That no person, except regular
soldiers, mariners, and marines, in the service
of this State, or militia when in actual ser-
vice, ought in any case to be subject to, or
punishable by, martial law.
ART, 30, That the independency and up-
rightness of judges are essential to the impar-
tial administration of justice, and a great se-
curity to the rights and liberties of the peo-
ple; wherefore the judges shall not be re-
moved, except for misbehavior, on convic-
tion in a court of law, or 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. No
judge shall hold any other office, civil or mil-
itary, or political trust or employment of any
kind whatsoever, under the Constitution or
laws of this State, or of the United States, or
any of them, or receive fees or perquisites of
any kind for the discharge of his official
duties.
ART., 31. That a long continuance in the
executive departments of power or trust is
dangerous to liberty; a rotation, therefore, in
those departments is one of the best securities
of permanent freedom.
ART. 32. That no person ought to hold at
the same time more than one office of profit,
created by the Constitution or laws of this
State; nor ought any person in public trust
to receive any present from any foreign prince,
or State, or from the United States, or any of
them, without the approbation of this State.
ART. 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 are
equally entitled to protection in their religions
liberty, wherefore, no person ought, by any
law, to be molested in his person or estate, on
account of his religious persuasion or profes-
sion, or for his religions practice, unless under
color of religion any man shall disturb the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 6   View pdf image (33K)
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