Page:The Federal and state constitutions vol1.djvu/611

Rh Trial by jury shall be as heretofore.

The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications investigating the proceedings of officers, 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 may determine the facts and the law, as in other cases.

The people shall be secure in their persons, houses, papers, and possessions from the unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as particularly as may be, nor then, unless there be probable cause supported by oath or affirmation.

In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to be plainly and fully informed of the nature and cause of the accusation against him, to meet the witnesses in their examination face to face, to have compulsory process in due time, on application by himself, his friends, or counsel, for obtaining witnesses in his favor, and a speedy and public trial by an impartial jury; he shall not be compelled to give evidence against himself, nor shall be deprived of life, liberty, or property, unless by the judgment of his peers or the law of the land.

No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger, and no person shall be, for the same offence, twice put in jeoparay of life or limb; nor shall any man’s property be taken or applied to public use without the consent of his representatives, and without compensation being made.

All courts shall be open; and every man, for an injury done, him in his reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense; and every action shall be tried in the county in which it shall be commenced, unless when the judges of the court in which the cause is to be tried shall determine that an impartial trial therefore cannot be had in that county. Suits may be brought against the State, according to such regulations as shall be made law.

No power of suspending laws shall be exercised, but by authority of the legislature.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and in the construction of jails a proper regard shall be had to the health of prisoners.

All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is positive, or the presumption great; and when persons are confined on accusation for such offences, their friends and counsel may at proper seasons have access to them.

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.

No commission of oyer and terminer or jail-delivery shall be issued.