Page images
PDF
EPUB

3,

e

e

[ocr errors]
[ocr errors]

defense. Ark., 85; Mo., 346; Tenn., 492.

--The people shall have a right to bear arms for the defense of themselves and the State. Ct., 108; Ind., 171; (of lawful authority of the State), Mo., 346; Miss., 335; Mich., 314; N. C., 422; Tex., 506; Vt., 522.

-The people have the right to bear arms for their 1- defense and security; but standing armies, in time of !, peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power. Kan., 197; N. C., 422; Or., 448; Ohio, 432.

[ocr errors]

g

That no soldier shall, in time of peace, be quar1- tered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law. U. S., 18; Ala., 74; Ark., 85; Cal., 96; Ct., 108; Del., 117; Fl., 130; IU., 166; Ind., 171; Iowa, 184; Kan. 197; Ky., 224; Me., 240; Md., 255; Mass., 282; Mich., 314; Miss., 335; Nev., 380; N. H., 400; N. J., 412; Ohio, 433; Or., 448; Pa., 465; R. I., 474; Tenn. 492; Tex., 517. [By a civil magistrate]. Del.. 117; N. H., 399.

d

e

>t

d

7,

y

"1

is

-That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law. Tenn., 492.

-That the military is, and in all cases and at all Il times, ought to be, in strict subordination to the civil power; that no soldier can, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in such manner as may be prescribed by law; nor can any appropriation for the support of an army be made for a longer period than two years. Mo., 348.

6,

a

[ocr errors]

e

[ocr errors]
[merged small][ocr errors][ocr errors][merged small]

--No standing army shall be kept up by this State in time of peace. Cal., 96; Del., 111; Fl., 130; Iowa, 184; Ky., 224; Me., 240.

That standing armies are dangerous to liberty, and of ought not to be raised or kept up without the consent of the Legislature. Md., 255; N. H., 400; Pa., 468;

e

d Miss., 335; Va., 533; Nev., 380; Vt., 522.

[ocr errors][merged small][merged small][merged small][ocr errors]

-A well-regulated militia, being necessary to the
security of a free State, the right of the people to
keep and bear arms, shall not be infringed.
Va., 532.

Ga, 142;

--That a well-regulated militia is the proper and natural defense of a free government. Md., 255; N. H., 400.

That the sure and certain defense of a free people is a well-regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided, and as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority. Tenn., 491.

SLAVERY-RIGHTS OF COLORED PERSONS.

-Neither slavery nor involuntary servitude, unless for the punishment of crime, whereof the party shall have been duly convicted, shall exist within the

erty; or be

are laid Mo., 340

any offense, than
offense; or be re
worship; or be l
be subjected, in
qualifications, in
such as
stances.
-All contracts n
coming into the S
the foregoing sectio
who shall employ s
encourage him to re
in any sum not less t
five hundred dollars.
-Nor shall any mal
twenty-one years, 1.
of eighteen years, be
servant, uuier any i
made, unless suca pers
ture or contract while
and on condition o
received or to be receiv
-Nor shall any indent
hereafter made and exe
made in this State, whic
one year, be of the lea
in the case of apprent:
a longer term than unti
the age of twenty-one
eighteen years, if a fem
-The marriage relation
persons of African dese
such marriage shall be n
the duty of the General
the punishment of any
issue a license for the cel
any officer or minister of
such persons together.

-It shall be the duty o
its next session, and from
enact such laws as will p
State in the full enjoyme
son and property, and gu
that may arise from th
Ala., 78.

-Be it ordained, that on
the Constitution, no perso
arm of the Federal gover
to bring within the limits
or freed negro or mulatto
mulatto not now in the Stat
within its limits, save by a
of the United States, or u
the President. Ark., 95.
-Africans and their descer
in their rights of person an
legislation; they shall have
be contracted with; to sue
hold and transmit property
cutions against them shall b
manner as prosecutions for

4

[blocks in formation]

vented from acquiring,

property; or be liable to any other punishment for
any offense, than that imposed upon others for a like
offense; or be restricted in the exercise of religious
worship; or be hindered in acquiring education; or
be subjected, in law, to any other restraints or dis-
qualifications, in regard to any personal rights, than
such as are laid upon others under like circum-
stances. Mo., 346.

--All contracts made with any negro or mulatto
coming into the State, contrary to the provision of
the foregoing section, shall be void; and any person
who shall employ such negro or mulatto, or otherwise
encourage him to remain in the State, shall be fined
in any sum not less than ten dollars nor more than
five hundred dollars. Ind., 180.

--Nor shall any male person arrived at the age of
twenty-one years, nor female arrived at the age
of eighteen years, be held to serve any person as a
servant, uuder any indenture or contract hereafter
made, unless such person shall enter into such inden-
ture or contract while in a state of perfect freedom,
and on condition of a bona fide consideration
received or to be received for their services. Ark., 88.
-Nor shall any indenture of any negro or mulatto
hereafter made and executed out of this State, or if
made in this State, where the term of service exceeds
one year, be of the least validity, except those given
in the case of apprenticeship, which shall not be for
a longer term than until the apprentice shall arrive at
the age of twenty-one years, if a male, or the age of
eighteen years, if a female. Ark., 88.

-The marriage relation between white persons and
persons of African descent is forever prohibited, and
such marriage shall be null and void; and it shall be
the duty of the General Assembly to enact laws for
the punishment of any officer who shall knowingly
issue a license for the celebration of such marriage, or
any officer or minister of the gospel who shall marry
such persons together. Ga., 150.

-It shall be the duty of the General Assembly, at
its next session, and from time to time thereafter, to
enact such laws as will protect the freedmen of this
State in the full enjoyment of all their rights of per-
son and property, and guard them against any evils
that may arise from their sudden emancipation.
Ala., 78.

-Be it ordained, that on and after the ratification of
the Constitution, no person, save under the military
arm of the Federal government, shall be permitted
to bring within the limits of this State any indentured
or freed negro or mulatto; nor shall any negro or
mulatto not now in the State be ever permitted to reside
within its limits, save by authority of the government
of the United States, or under some proclamation of
the President. Ark., 95.

-Africans and their descendants shall be protected
in their rights of person and property by appropriate
legislation; they shall have the right to contract and
be contracted with; to sue and be sued; to acquire,
hold and transmit property; and all criminal prose-
cutions against them shall be conducted in the same
manner as prosecutions for like offenses against the

4

judges of this State

any person so detained The General Assembl any appropriation to claimants of slaves em the adoption of this Co --The General Assem make compensation for -The General Assem under the amended Co will effectually prohib immigrating to and set ually prevent the ow them into this State fo free. Ill., 169.

--No negro or mulatto the State after the a Ind., 180.

-All fines which maj the provisions of this hereafter be passed for same into execution, s ated for the colonizatio and their descendants, adoption of this Con to emigrate. Ind., 18 --All the inhabitants tion of color, are free, person and property Fl., 140.

---Persons emancipat apprenticed except in -Courts of compet minors of African des by law for apprentici --Nothing in this General Assembly fr to the apprenticeship as may be necessary

TREASON.-ATT.
CONFISC

Treason against th ing war against it, a

them aid and comfo be convicted of trea witnesses to the san court.

U. S., 16; 113; Del., 121; FI 197; Ky., 219; La. 342; Minn., 319; A Or., 448; Tex., 51

Treason shall be ter of the acts com more of the penal or confiscation of t the offender, as Va., 547.

-No person shall by the Legislature Mo., 348; Pa., 46

under military law, except such as are employed in ony the army or navy, or in the militia when in actual service, in time of war, or public danger. Me., 240; out Tenn., 491.

the -All punishments ought to be proportioned to the offense. Or., 448; R. I., 473.

ate

no

-No wise Legislature will affix the same punishment to the crimes of theft, forgery, and the like, which eit- they do to those of murder and treason. Where the same undistinguishing severity is exerted against all od, offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the nly most flagrant with as little compunction as they do the lightest offenses. For the same reason a multitude of sanguinary laws is both impolitic and unjust; the true design of all punishments being to reform, not to exterminate mankind. N. H., 400.

any

ood

ate.

66;

48;

-All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evison dent, but this provision shall not be so construed as any to prohibit bail after indictment found, upon an examination of the evidence by a Judge of the the Supreme or District Court, upon the return of a writ of habeas corpus, returnable in the county where the -ept offense is committed; [or to such other counties as the same may by consent of parties be made returnable]. Tex., 506.

son

29;

Can.,

37;

Vis., 68;

Tex.,

-All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is positive or the presumption great; [Mo., 347; Miss., 335; Nev., 379; N. C, 426; Or., 447]; and when persons are confined on accusation for such offenses, their friends and counsel may at proper seasons have access to them. Del., 117.

-All prisoners shall, before conviction, be bailable, by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great; and the privileges of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or ent invasion, the public safety may require it, nor in any case but by the Legislature. Ct., 108; substantially roof rk., similar, Fl., 129; Me., 240; R. Í. 473.

R

Ky.,

-All persons shall be bailable by sufficient sureties, unless for capital offenses, where the proof is evident or presumption great; or, unless after conviction for nd., any offense or crime punishable with death or imprisonment at hard labor. La., 233.

)or

rm,

---No person, before conviction, shall be bailable for any of the crimes which now are or have been denominated ples capital offenses since the adoption of the Constitution, nd., when the proof is evident or the presumption great, whatever the punishment of the crime may be. Me.,252. -No person can in any case be subjected to lawent martial, or to any penalties or pains, by virtue of that ent law, except those employed in the army or navy, [Vt., ail- 522; N. H., 401], and except the militia in actual service, but by authority of the Legislature. Mass., 282.

>m

[blocks in formation]
[ocr errors][merged small][merged small][merged small][merged small]

IMPRISON

No person shall be
in any civil action on
in cases of fraud [No2.
and no person shall be
time of peace. Cal., 9
-That imprisonment
State, except for fines o
tion of law. Mo., 348.
-No
-11. Imprisonment f
person shall be im
in this State, except whe
the part of the debto
Ark., 93.

-In any action, or in a
contract, unless in cases o
son be imprisoned for a n
N. J., 412.

-Except in cases of fra
Or.. 448.

-That the person of a d
strong presumption of fran
prison, after delivering up h
his creditors, in such mant
by law. Miss. 335; Ky., 22

That the person of a del
strong presumption of fraud
in prison after delivering up
of his creditor or creditors in
prescribed by law. Ala., 731

That the person of a deb
strong persumption of fraud,
in prison after delivering up h
of his creditors in such manne
by law. Pa., 468; R. I., 473
Shall not be continued in pr
bona fide all his estate, real and
of his creditors, in such manne
regulated by law.

-No person shall be imprisone
of or founded on a contract e
Mich., 307; Wis., 560.
-Except in cases of fraud
moneys collected by p

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][subsumed]

9 offense; nor shall he be compelled in any criminal ca
10 himself,(5) nor be deprived of life, liberty or property w
11 nor shall private property be taken for public use, with

-No person arrested or confined in jail shall be
treated with unnecessary rigor. Tenn., 491.
-No commission of oyer and terminer or jail delivery
shall be issued. Del., 117.

-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 sub-
ject to, or punishable by, martial law. Md., 255.

IMPRISONMENT FOR DEBT.

No person shall be imprisoned for debt [Tex., 506]
in any civil action on mesne or final process, unless
in cases of fraud [Neb., 371; Ohio, 433; Kan., 197;]
and no person shall be imprisoned for a militia fine in
time of peace. Cal., 97; Iowa, 184.

-That imprisonment for debt cannot exist in this
State, except for fines or penalties imposed for viola-
tion of law. Mo., 348.

--No person shall be imprisoned for debt. Md., 246.
-§ 11. Imprisonment for debt shall not be allowed
in this State, except when an allegation of fraud on
the part of the debtor shall be clearly proved.
Ark., 93.

-In any action, or in any judgment founded upon
contract, unless in cases of fraud; nor shall any per-
son be imprisoned for a militia fine in time of peace.
N. J., 412.

-Except in cases of fraud or absconding debtors.
Or., 448.

-That the person of a debtor, when there is not
strong presumption of fraud shall not be detained in
prison, after delivering up his estate for the benefit of
his creditors, in such manner as shall be prescribed
by law. Miss. 335; Ky., 224.

That the person of a debtor, where there is not
strong presumption of fraud, shall not be continued
in prison after delivering up his estate for the benefit
of his creditor or creditors in such manner as shall be
prescribed by law. Ala., 73; Tenn., 491.

That the person of a debtor, where there is not strong persumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law. Pa., 468; R. I., 473; Vt., 526.

Shall not be continued in prison after delivering up
bona fide all his estate, real and personal, for the use
of his creditors, in such manner as shall hereafter be
regulated by law.

-No person shall be imprisoned for debt arising out
of or founded on a contract expressed or implied.
Mich., 307; Wis., 560.

-Except in cases of fraud or breach of trust, or of
moneys collected by public officers, or in any profes-

sional employment. for a militia fine in -The privilege of t comforts of life sh laws, exempting a from seizure or sale, liability hereafter co -The privilege of comforts of life sh laws, exempting a from seizure or sale bilities hereafter co imprisonment for de or slander, and no militia fine in time

No person shall State, but this State from providing for persons charged wit A reasonable amou from seizure or sale, liability; the amou determined by law

The person of a prison, after deliver of all his estate, n from levy and sale. -No person shall b refusal to deliver up creditors, in such law, or in cases who fraud. Ill., 166. -The privilege of t comforts of life, sha laws, exempting a from seizure or sale liability hereafter.c imprisonment for Ind., 170.

(1) [Actual.] N (2) In every tria the party accused civil actions. N. Y

(3) Ind., 170; K (1821), 42; Ala., 73 Me., 240; Tenn., 491 16; Ky., 223.

(4) This section above noted. Also (5) Ind, 170; K W. Va., 547; Or.,

any denial, and speedily without delay, according to the law of the land. Md., 254.

-Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay, conformably to the laws. Mass., 281.

-No person shall be debarred from prosecuting or defending any civil cause for or against him or herself before any tribunal in this State, by him or herself, or counsel or both. Miss., 335.

-No subject shall be held to answer for any crime or offense until the same is fully and plainly, substantially and formally described to him; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense by himself and counsel. And no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. N. H., 399.

-No man in a court of common law, shall be compelled to give evidence criminating himself. R. I.,

473.

-That no freeman shall be taken, imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the law of the land. Fl., 129.

--That no man shall be put to answer any criminal charge, but by presentment, indictment or impeachment, except as hereinafter provided. Ark., 84. -No person shall be arrested, detained or punished, except in cases clearly warranted by law. Ct., 107. ---In ali criminal prosecutions the accused shall have a right to be heard by himself and by counsel [or both. Fl.]; to demand the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favor; and in all prosecutions by indictment or information [or presentment. Fl.], a speedy public trial by an impartial jury [of the county or district where the offense was committed. FI.] He shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property but by due course of law. And no person shall be holden to answer for any crime the punishment of which may be death or imprisonment for life, unless on a presentment or an indictment of a grand jury, except in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger. 107; (substantially similar), U. S., 19; Me., 239; Ohio, 432; Ark., 84; Del., 116; Ill., 166; Kan., 197; Iowa,

Ct.,

412; N. C., 4 Tenn., 491; Tea -All courts sh injury done hi

Me., 230

tion, shall have right and justice delay. Ct., 108

315; Mo., 347;
467; Tenn., 491.
--Justice shall be
purchase; complet
and without delay.

---That in all crim
a right to be informe
to have a copy of th
time (if required) to
allowed counsel; to
nesses against him; to
to examine the witness
and to a speedy trial
whose unanimous conse
guilty. Md., 254.

-Every person charged
State, shall have the priv
shall be furnished on d
accusation, and list of the
mony the charge against
compulsory process to ol
own witnesses; shall be
nesses testifying against h
and speedy trial by an im
practiced.
-The powers of the court
Ga., 142.
shall be limited by legislativ
-Every person within th
certain remedy in the laws i
which he may receive in
character; he ought to obtai
an i without being obliged to
and without denial, prompt
conformably to the laws.
-No subject shall be held to
or no offense until the same is
stantially and formally, describ
pelled to accuse, or furnish evid
and every subject shall have
proofs that may be favorable
witnesses against him face to
heard in his defense by himself
election.
oned, despoiled or deprived of h
And no subject shall
ties or privileges, put out of th
law, exiled or deprived of his 1
but by the judgment of his peer
land. Mass., 281.

[graphic]
[ocr errors]

-And the Legislature shall not shall subject any person to a capi ishment, excepting for the gover and navy, without trial by jury. -In the trial of all criminal cases the judges of law as well as

5

« ՆախորդըՇարունակել »