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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 610   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

Criminal pros-
ecutions : right
to be informed
of accusation;
right to indict-
ment in due
time; allowance
of counsel; con-
frontation with
witnesses; ex-
amination of
witnesses;
speedy trial;
basis of verdict.

Art. 21. That in all crim-
inal 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 wit-
nesses 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. 21. That in all crim-
inal 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 defense; to
be allowed counsel; to be
confronted with the wit-
nesses 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. 21. That in all crim-
inal 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 unanimous
consent he ought not to be
found guilty.

Art. 19. That in all crim-
inal 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 unanimous
consent he ought not to be
found guilty.

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, with-
out whose unanimous con-
sent he ought not to be found
guilty.

 
 

Prohibition
against self-in-
crimination.

Art. 22. That no man
ought to be compelled to
give evidence against himself
in a criminal case.

Art. 22. That no man
ought to be compelled to
give evidence against himself
in a criminal case.

Art. 22. That no man i
ought to be compelled to
give evidence against himself
in a criminal case.

Art. 20. That no man
ought to be compelled to
give evidence against himself
in a court of common law,
or in any other court, but in
such cases as have been usu-
ally practised in this State,
or may hereafter be directed
by the Legislature.

20. That no man ought
to be compelled to give evi-
dence 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 legislature.

 
 

Protection of
liberty and
property from
seizure except
by Law.

Art. 23. That no man
ought to be taken or impris-
oned or disseized of his free-
hold, liberties or privileges,
or outlawed, or exiled, or, in
any manner, destroyed, or
deprived of his life, liberty
or property, but by the judg-
ment of his peers, or by the
Law of the Land.

Art. 23. That no man
ought to be taken or impris-
oned or disseized of his free-
hold, liberties or privileges,
or outlawed, or exiled, or,
in any manner, destroyed, or
deprived of his life, liberty
or property, but by the judg-
ment of his peers, or by the
Law of the Land.

Art. 23. That no man
ought to be taken or impris-
oned, or disseized of his free-
hold, liberties or privileges,
or outlawed, or exiled, or in
any manner destroyed, or
deprived of his life, liberty
or property, but by the judg-
ment of his peers, or by the
law of the land.
 

Art. 21. That no free man
ought to be taken or impris-
oned, or disseized of his free-
hold, liberties or privileges,
or outlawed, or exiled, or in
any manner destroyed, or
deprived of his life, liberty
or property, but by the judg-
ment of his peers, or by the
law of the land; provided,
that nothing in this article
shall be so construed as to
prevent the Legislature from
passing all such laws for the
government, regulation and
disposition of the free col-
ored population of this State
as they may deem necessary.

21. That no freeman
ought to be taken, or impris-
oned, or disseized of his free-
hold, liberties, or privileges,
or outlawed, or exiled, or in
any manner destroyed, or
deprived of his life, liberty,
or property, but by the judg-
ment of his peers, or by the
law of the land.

 
 

610

 
 

 
 

 
 

 
 

 
 

611

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 610   View pdf image (33K)
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