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SECT. 2. There shall be neither slavery nor invol. untary servitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted, nor shall any male person, arrived at the age of twenty-one years, nor female person arrived at the age of eighteen years, be held to serve any person as a servant, under pretence of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration, received or to be received for their service, except as before excepted. Nor shall any indenture of any Negro or Mulatto hereafter made and executed out of the State, or if made in the State where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeships.
SECT. 3. That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their conscience; that no human authority can in any case whatever, controul or interfere with the rights of conscience ; that no man shall be compelled to attend, erect, or support, any place of worship, or to maintain any ministry against his consent, and that no preference shall ever be given, by law, to any religious society or mode of worship, and no religious test' shall be required as a qualification to any office of trust or profit. But religion, morality and knowledge, being essentially necessary to the good government and the happiness of mankind, schools and the means of instruction shall forever be encouraged by legislative provision, not inconsistent with the rights of conscience.
SECT. 4. Private property ought and shall ever be held inviolate, but always subservient to the public welfare, provided a compensation in money be made to the owner.
SECT. 5. That the people shall be secure in their persons, houses, papers and possessions, from all unwarrantable searches and seizures, and that general warrants whereby an officer may be commanded to search suspected places, without probable evidence of
the fact committed, or to seize any person or persons not named, whose offences are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted.
SEC's. 6. That the Printing Presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer, and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write, or print, upon any subject as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publication respecting the official conduct of men in a public capacity, or where the matter published is proper for public information, the truth thereof may always 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,
SECT. 7. That all Courts shall be open, and every person for an 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 denial or delay.
Sect. 8. That the right of trial by jury shall be inviolate.
SECT. 9. That no power suspending the laws shall be exercised, unless by the Legislature.
Sect. 10. That no person arrested or confined in jail, shall be treated with unnecessary rigor, or be put to answer any criminal charge, but by presentment, indictment or impeachment.
Secr. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor, and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the of fence shail have been committed, and shall not be compelled to give evidence against himself, nor shall he be twice put in jeopardy for the same offence.
Sect. 12. That all persons shall be bailable by susficient sureties, unless for capital offences, where the proof is evident or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it.
SECT. 13. Excessive bail shall not be required!, excessive fines shall not be imposed, norcruel and unusual punishments indicted.
SECT. 14. All penalties shall be proportioned to the nature of the offence. No wise Legislature will affix the same punishment to the crimes of theft, forgery and the like, which they do to those of murder and treason. When the same undistinguishing severity is exerted against all offences, the people are led to forget the real listinction in the crimes themselves, and to commit the jnost flagrant with as little compunction as they do the lightest offences. For the same reasons, a multitude of sanguinary laws are both impolitic and unjust; the true design of all punishments being to reform, not to exterminate mankind.
Sect. 15. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prisoni, after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.
SECT. 16. No es post facto law, nor any law impairing the validity of contracts, shall ever be made, and no conviction shall work corruption of blood nor forfeiture of estate.
Sect. 17. That no person shall be liable to be transported out of this State for any offence committed within the State.
SECT. 18. That a frequent recurrence to the fundamental principles of civil government, is absolutely necessary to preserve the blessings of Liberty.
SECT. 19. That the People have a right to assemble together, in a peaceable manner, to consult for their common good, to instruct their Representatives, and to apply to the Legislature for redress of grievances.
SECT. 20. That the people have a right to bear arms for the defence of themselves and the State; and as standing armies in the time of peace are dangerous to liberty, they shall not be kept up, and that the military shall be kept under strict subordination to the civil power.
SECT, 21. That no person in this State, except such as are employed in the army or navy of the United States, or militia in actual service, shall be subject to corporal punishment under the military law.
Secr. 22. That no soldier, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in the manner prescribed by law.
SECT. 23. That the levying taxes by the poll is grievous and oppressive, therefore the Legislature shall never levy a poll tax for county or state purposes.
SECT. 24. That no hereditary emoluments, privileges, or honours shall ever be granted or conferred by this State.
Sect. 25. That no law shall be passed to prevent the poor in the several counties and townships within this State, from an equal participation in the schools, academies, colleges, and universities within this State, which are endowed, in whole or in part, from the revenue arising from the donations made by the United States for the support of schools and colleges; and the doors of the said schools, academies and universities, shall be open for the reception of scholars, students and teachers of every grade, without any distinction, or preference whatever, contrary to the intent for which the said donations were made.
SECT. 26. That laws shall be passed by the Legislature, which shall secure to each and every denomination of religious Societies in each surveyed township which now is, or may hereafter be formed in the State, an equal participation, according to their number of adherents, of the profits arising from the land granted by Congress for the support of Religion, agreeably to the ordinance or act of Congress, making the appropriation.
Sect. 27. That every association of persons, when regularly formed within this State, and having given themselves a name, may, on application to the Legis. lature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, uni, versities, and other purposes.
SECT. 28. To guard against the transgressions of the high powers which we have delegated, we declare, that all powers, not hereby delegated, remain with the People.
SCHEDULE. SECT. I. That no evils or inconveniences may arise from the change of a territorial government to a permanent State Government, it is declared by this Con7ention, that all rights, suits, actions prosecutions, claims and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government.
SECT. 2. All fines, penalties, and forfeitures, due and owing to the territory of the United States, northwest of the river Ohio, shall inure to the use of theState. All bonds executed to the Governor, or any other of ficer in his official capacity, in the territory, shall pass over the Governor, or the other officers of the State, and their successors in office, for the use of the State, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.
Sect. 3. The Governor, Secretary, and Judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments, until the said offices are superseded under the authority of this Constitution.
SECT. 4. Al laws and parts of laws, now in force in this territory, not inconsistent with this Constitution, shall continue and remain in full effect until repealed by the Legislature, except so much of the Act entitled, * An Act regulating the admission and practice of ata tornies and counsellors at law;' and of the Act made amendatory thereto, as relates to the term of time