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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 612   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

Prohibition
against slavery;
Right of com-
pensation from
United States.

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, compensation, in con-
sideration thereof, is due
from the United States.

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, compensation, in con-
sideration thereof, is due
from the United States.

Art. 24. That hereafter,
in this State, there shall be
neither slavery nor involun-
tary servitude, except in
punishment of crime, where-
of the party shall have been
duly convicted; and all per-
sons held to service or labor
as slaves, are hereby declared
free.

Art. III, sec. 43. The
Legislature shall not pass
any law abolishing the rela-
tion of master or slave, as it
now exists in this State.

 
 

Proposed by Act of 1836,
chapter 148. Ratified 1837. Sec. 26. The relation of
Master and Slave in this
State, shall not be abolished,
unless a Bill so to abolish the
same, shall be passed by a
unanimous vote of the mem-
bers of each branch of the
General Assembly, and shall
be published at least three
months before a new election
of Delegates, and shall be
confirmed by a unanimous
vote of the members of each
branch of the General As-
sembly, at the next regular
constitutional session after
such new election, nor then
without full compensation to
the master for the property
of which he shall be thereby
deprived.

Prohibition
against exces-
sive bail, fines
and cruel pun-
ishment.

Art. 25. That excessive
bail ought not to be re-
quired, nor excessive fines
imposed, nor cruel or un-
usual punishment inflicted,
by the Courts of Law.

Art. 25. That excessive
bail ought not to be re-
quired, nor excessive fines
imposed, nor cruel or un-
usual punishment inflicted,
by the Courts of Law.,

Art. 25. That excessive
bail ought not to be re-
quired, nor excessive fines
imposed, nor cruel or un-
usual punishment inflicted
by the courts of law.

Art. 22. That excessive
bail ought not to be re-
quired, nor excessive fines
imposed, nor cruel or un-
usual punishment inflicted
by the courts of law.

22. That excessive bail
ought not to be required,
nor excessive fines imposed,
nor cruel or unusual punish-
ments inflicted by the court
of law.

 
 

Prohibition
against general
warrants and
warrants with-
out oath or af-
firmation.

Art. 26. That all war-
rants, without oath or af-
firmation, to search suspect-
ed places, or to seize any
person or property, are
grievous and oppressive; and
all general warrants to
search suspected places, or
to apprehend suspected per-
sons, without naming or de-
scribing the place, or the
person in special, are illegal,
and ought not to be granted.

Art. 26. That all war-
rants, without oath or af-
firmation, to search suspect-
ed places, or to seize any
person or property, are
grievous and oppressive; and
all general warrants to
search suspected places, or
to apprehend suspected per-
sons, without naming or de-
scribing the place, or the
person in special, are illegal,
and ought not to be granted.

Art. 26. That all war-
rants, without oath, or af-
firmation, to search suspect-
ed places, or to seize any
person or property, are
grievous and oppressive; and
all general warrants to
search suspected places, or
to apprehend suspected per-
sons, without naming or de-
scribing the place, or the
person in special, are illegal,
and ought not to be granted.

Art. 23. That all war-
rants, without oath, or af-
firmation, to search suspect-
ed places, or to seize any
person or property, are
grievous and oppressive; and
all general warrants to
search suspected places, or
to apprehend suspected per-
sons, without naming or de-
scribing the place, or the
person in special, are illegal,
and ought not to be granted.

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 nam-
ing or describing the place,
or the person in special, are
illegal, and ought not to be
granted.

 
 

Conviction not
to result in cur-
ruption of blood
or forfeiture of
estate.

Art. 27. That no convic-
tion shall work corruption of
blood or forfeiture of estate.

Art. 27. That no convic-
tion shall work corruption
of blood or forfeiture of
estate.

Art. 27. That no convic-
tion shall work corruption of
blood, nor shall there be any
forfeiture of the estate of
any person for any crime,
except treason, and then
only on conviction.

Art. 24. That no convic-
tion shall work corruption of
blood, or forfeiture of estate.

24. That there ought to
be no forfeiture, of any part
of the estate of any person
for any crime, except mur-
der, or treason against the
State, and them only on con-
viction and attainder.

 
 

612

 
 

 
 

 
 

 
 

 
 

613

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 612   View pdf image (33K)
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