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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 609   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS [DECLARATION OF RIGHTS]_ _COMPARISON
Headnotes Present
Constitution
Constitution of
1867
Constitution of
1864
Constitution of
1851
Constitution of
1776
Amendments to
1776 Constitution

Avoidance of
sanguinary
laws; prohibi-
tion against
cruel and un-
usual punish-
ment.

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, here-
after.

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, here-
after.

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 here-
after.

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 un-
usual pains and penalties
ought to be made in any
case, or at any time here-
after.

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.

 
 

Prohibition
against retro-
spective and ex
post facto
laws.

Art. 17. That retrospec-
tive Laws, punishing acts
committed before the exist-
ence 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 re-
striction be imposed, or re-
quired.

Art. 17. That retrospec-
tive Laws, punishing acts
committed before the exist-
ence 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 re-
striction be imposed, or re-
quired.

Art, 17. That retrospec-
tive laws, punishing acts
committed before the exist-
ence 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.

Art. 15. That retrospec-
tive laws, punishing acts
committed before the exist-
ence 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.

15. That retrospective
laws, punishing facts com-
mitted before the existence
of such laws, and by them
only declared criminal, are
oppressive, unjust, and in-
compatible with liberty;
wherefore no ex post facto
law ought to be made.

 
 

Prohibition
against attaint-
ing persons of
treason or
felony.

Art. 18. That no Law to
attaint particular persons of
treason or felony, ought to
be made in any case, or at
any time, hereafter.

Art. 18. That no Law to
attaint particular persons of
treason or felony, ought to
be made in any case, or at
any time, hereafter.

Art. 18. That no law to
attaint particular persons of
treason or felony, ought to
be made in any case, or at
any time hereafter.

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.

16. That no law to attaint
particular persons of treason
or felony ought to be made
in any case, or at any time
hereafter.

 
 

Right to remedy
for injury to
person or prop-
erty: right to
justice without
delay.

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. 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. 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 denial,
and speedily without delay,
according to the law of the
land.

Art. 17. That every free
man, for any injury done 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.

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.

 
 

Trial of facts.
608

Art. 20. That the trial of
facts, where they arise, is one
of the greatest securities of
the lives, liberties and estate
of the People.

Art. 20. That the trial of
facts, where they arise, is one
of the greatest securities of
the lives, liberties and estate
of the People.

Art. 20. That the trial of "
facts where they arise, is one
of the greatest securities of
the lives, liberties, and estate
of the people.
<

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.

18. That the trial of facts
where they arise is one of
the greatest securities of the
lives, liberties, and estate of
the people.

609

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 609   View pdf image (33K)
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