« AnteriorContinuar »
munication of thoughts and opinions is one of the invalına ble rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.
8. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures and searches ; and that no warrant to search any place or to seize any person or thing, shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation.
10. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel: to demand the nature and cause of the accusation against him: to meet the witnesses face to face: to have compulsory process for obtaining witnesses in his favor : and, in prosecutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage; that he cannot he compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
11. That no person shall, for any indictable offence, be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia, when in actual service, in time of war or public danger, by leave of the court, for oppression or misdemeanor in office.
12. No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
13. That all courts shall be open, and every person for any injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law; and right and justice administered without sale, denial, or delay.
14. That no power of suspending laws shall be exercised, unless by the legislature or its authority.
15. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
16. That all prisoners shall be bailable by sufficient securities, unless for capital offences, when the proof is evi. dent, or presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
17. 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 creditors, in such manner as shall be prescribed by law.
18. That no ex post facto law, nor any law impairing contracts, shall be made.
19. That no person shall be attainted of treason or felony by the legislature.
20. That no attainder shall work corruption of blool, nor, except during the life of the offender, forfeiture of estate to the commonwealth.
21. That the estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forseiture by reason thereof.
22. That the citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by petition, address, or remonstrance.
23. That the rights of the citizens to bear arms in defence of themselves and the State shall not be questioned.
24. That no standing army shall, in time of peace, be kept up, without the consent of the legislature; and the military shal), in all cases and at all times, be in strict subordination to the civil power.
25. That no soldier shall in time of peace, be quarter. ed in any House without the consent of the owner, por in time of war, but in a manner to be prescribed by laws 26. That the legislature shall not grant any title of nobility, or hereditary distinction, nor create any office, the appointment to which shall be for a longer term than duoring good behavior.
27. That emigration from this State shall not be pro hibited.
28. To guard against transgressions of the high powers which we have delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall for ever remain inviolate; and that all laws contrary thereto, or contrary to this Constitution, shall be void.
That no inconvenience may arise from the alterations and amendments made in the Constitution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained :
Sec. I. That all laws of this commonwealth, in force at the time of making the said alterations and amend. ments, and not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made.
2. That all officers now filling any office or appointment, shall continue in the exercise of the duties of their respective offices or appointments for the terms therein expressed, unless by this Constitution it is otherwise di. rected.
3. The oaths of oflice herein directed to be taken, may be administered by any justice of the peace, until the legislature shall otherwise direct.
4. The general Assembly, to be held in November next, shall apportion the representatives and senators, and lay off the State into senatorial districts conformable to the regulations prescribed by this Constitution. In fixing those apportionments, and in establishing those districts they shall take for their guide the enumeration directe: by law to be made in the present year, by the commis sioners of the tax, and the apportionments thus made sha
remain unaltered until the end of the stated annual session of the general Assembly in the year eighteen hundred and three.
5. In order that no inconvenience may arise from the change made by this Constitution in the time of holding the general election, it is hereby ordained that the first election for Governor, Lieutenant-Governor, and members of the general Assembly, shall commence on the first Monday in May, in the year eighteen hundred. The persons then elected shall continue in office during the several terms of service prescribed by this Constitution, and until the next general election which shall be held after the said terms shall have respectively expired. The returns for the said first election of Governor and Lieutenant-Governor shall be made to the secretary, within fifteen days from the day of election, who shall, as soon as may be, examine and count the same, in the presence of at least two judges of the court of appeals, or district courts, and shall declare who are the persons thereby duly elected, and give them official notice of their election ; and if any person shall be equal and highest on the poll, the said judges and secretary shall detērmine the election by lot.
6. This Constitution, except so much thereof as is therein directed, shall not be in force until the first day of June, in the year eighteen hundred; on which day the whole thereof shall take full and complete effect.
Done in Convention, at Frankfort, the seventeenth day
of August, one thousand seven hundred and ninetynine, and of the independence of the United States of America the twenty-fourth.
ALEXANDER S. BULLIT, P. C.