« 이전계속 »
$ 3. The free exercise and enjoyment of religious profession and worship,
2 without discrimination or preference, shall forever be allowed in this State to
3 all mankind ; (1) and no person shall be rendered incoinpetent to be a witness
4 on account of his opinions on matters of religious belief ; (2) but the liberty of
5 conscience hereby secured shall not be so construed as to excuse acts of licentious
6 ness, or to justify practices inconsistent with the peace or safety of this state.(3)
are equally 187.
(1). [The clause relating to incompetency of wit- laws of the State, and a declaration of belief in nesses on account of religious belief, is not included the Christian religion, or in the existence of God,
and'in a future state of rewards and punishments. in N. Y. Constitution of 1821.]
Md., 25. (2). Ind., 170; Ohio, 432; S. C., 488.
- That the civil rights, privileges or capacities of any . (3). Cal., 96; Ct., 107; Miss., 334; Nev., 379. citizen shall in no wise be diminished or enlarged on [A preamble giving reasons). N. Y., (1777), 32.
account of his religion. Ark., 14; Ky, 223.
shall any person be compelled to attend or support RELIGIOUS FREEDOM.
any form of worship; nor shall any control of, or
interference with, the rights of conscience be per--Congress shall make no law respecting an estab- mitted; nor any preference be given by law to any lishment of religion, or prohibiting the free exercise religious establishment or mode of worship. No thereof. U. S., 18.
religious test or property qualification shall be - That religion, or the duty which we owe to our
required for any office of public trust, nor for any Creator, and the manner of discharging it, can be
vote at any election; nor shall any person be incomdirected only by reason and conviction, not by force petent to testify on account of religious belief. Kan., or violence; and, therefore, all men entitled to the free exercise of religion, according to -And whereas, the ministers of the gospel are, by the dictates of conscience; and that it is the mutual their profession, dedicated to the service of God, and duty of all to practice Christian forbearance, love and the cure of souls, and ought not to be diverted from charity towards each other. Va., 532.
the great duties of their functions; therefore, no —That no person within this State shall, upon any minister of the gospel, or priest of any denomination pretense whatever, be deprived of the inestimable whatscever, shall at any time hereafter under any privilege of worshipping God in the manner most pretense or description whatever, be eligible to, or agreeable to his own conscience; nor be hurt, capable of holding, any civil or military office or place molested or restrained in his religious profession within this State. N. Y., (1777), 33, (1821,) 41. sentiments or persuasions, provided he does not dis- --Therefore no minister of the gospel, or priest of any turb others in their religious worship. Ala., 72. denomination whatever, shall be eligible to a seat in
- That all men have a natural and indefeasible right either House of the Legislature. Tenn., 498; (similar to worship Almighty God according to the dictates provision), La., 229; N. C., 425; Va., 536. of their own consciences; and no man can, of right, -No licensed minister of the Gospel shall be required be compelled to attend, erect or support any place of to perform military duty, work on roads, or serve on worship, or to maintain any ministry against his con- juries in this State. Tec., 514. sent; that no human authority can, in any case what- -No sectarian instruction shall be imparted or tolever, interfere with the rights of conscience; and erated in any school or university that may be estabthat no preference shall ever be given to any religious lished under this Constitution. Nev., 391. establishment or mode of worship. Ark., 84; II., — Therefore no minister of the gospel, or public 165; Tinn., 490; Pa., 467: Tex., 506; Mo., 346. preacher of any religious persuasion, whilst he con-But nothing herein shall be construed to dispense tinues in the exercise of his pastoral functions, shall with oaths and affirmations. Religion, morality and be eligible to the office of Governor, Lieutenantknowledge, however, being essential to good govern- Governor, or to a seat in the Senate or House of ment, it shall be the duty of the General Assembly Representatives. S. C., 484; Tex., 509. to pass suitable laws to protect every religious deno- — The Legislature shall not diminish or enlarge the mination in the peaceable enjoyment of its own mode civil or political rights, privileges and capacities of of public worship, and to encourage schools and the any person on account of his opinion or belief conmeans of instruction. Ohio, 432; Neb., 371.
cerning matters of religion. Mich., 304. —That no religion shall be established by law; that -No man shall be compelled to frequent or support no preference shall be given by law to any religious any religious worship, place or ministry whatsoever; sect, society, denomination, or mode of worship, that nor shall any man be enforced, restrained, molested no one shall be compelled by law to attend any place or burdened in his body or goods, or otherwise of worship, nor to pay any tithes, taxes, or other suffer, on account of his religious belief; but all men rate, for building or repairing any place of worship, shall be free to profess, and by argument to maintain, or for maintaining any minister or ministry; that no their opinions in matters of religion, and the same religious test shall be required as a qualification to shall in no wise affect, diminish or enlarge their civil any office or public trust under this State; and that capacities. And the Legislature shall not prescribe the civil rights, privileges and capacities of any citi- any religious test whatever; or confer any peculiar zen shall not be in any manner affected by his reli- privileges or advantages on any sect or denominagious principles. Ala., 72.
tion; or pass any law requiring or authorizing any —That no other test or qualification ought to be religious society, or the people of any district within required on admission to any office of trust or profit this State, to levy on themselves or others, any tax than such oath of allegiance and fidelity to this State for the erection or repair of any house for public and the United States as may be prescribed by this worship, or for the support of any church or Constitution, and such oath of office and qualification ministry; but it shall be left free to every person to as may be prescribed by this Constitution, or by the select his religious instructor, and to make for his support, such private contract as he shall please. in his person, liberty or estate, for worshipping God Va., 537 ; W. Va., 547.
in the manner and season most agreeable to the dic—The militia of this State shall, at all times here- tates of his own conscience, nor for his religious after, be armed and disciplined, and in readiness for professions or sentiments, provided he does not disservice; but all such inhabitants of this State, of any turb the public peace, nor obstruct others in their religious denomination whatever, as from scruples of religious worship ;-—and all persons demeaning themconscience, may be adverse to bearing arms, shall be selves peaceably, as good members of the State, shall excused therefrom by paying to the State an equiva- be equally under the protection of the laws, and no lent in money; and the Legislature shall provide by subordination nor preference, of any one sect or law for the collection of such equivalent, to be esti- denomination to another, shall ever be established by mated according to the expense, in time and money, law, nor shall any religious test be required as a of an ordinary, able-bodied militia-man. N. Y., qualification for any office or trust under this State; (1821), 41.
and all religious societies in this State, whether incor- Among the natural rights, some are in their very porate or unincorporate, shall at all times have the nature unalienable, because no equivalent can be exclusive right of electing their public teachers, and given or received for them. One of this kind are contracting with them for their support and mainrights of conscience. N. H., 398.
tenance. Me., 239. -No person shall be rendered incompetent to be a -No law shall, in any case whatever, control the witness on account of his opinions on matters of free exercise and enjoyment of religious opinions, or religious belief. Mich., 307.
interfere with the rights of conscience. Ind., 170; -As the public worship of God, and instructions in Or., 447. piety, religion and morality, promote the happiness - Nor can any man, who is conscientiously scruand prosperity of a people, and the security of a pulous of bearing arms, be justly compelled thereto, republican government, therefore the several religious if he will pay such equivalent. N. H., 399; (nearly societies of this Commonwealth, whether corporate similar), Ala., 74; Tex., 514; II., 163; Ind., 180; or unincorporate, at any meeting legally warned and V., 522. holden for that purpose, shall ever have the right to -The Legislature shall pass laws, exempting citizens elect their pastors or religious teachers, to contract belonging to any sect or denomination of religion with them for their support, to raise money for erect- the tenets of which are known to be opposed to the ing and repairing houses for public worship, for the bearing of arms, from attending private and general maintenance of religious instruction, and for the pay- musters. Tenn., 498. ment of necessary expenses; and all persons belonging – That no person who acknowledges the being of to any religious society shall be taken and held to be God and a future state of rewards and punishments, members, until they shall file with the clerk of such shall, on account of his religious sentiments
, be dissociety a written notice declaring the dissolution of qualified to hold any office or place of trust or profit their membership, and thenceforth shall not be liable under this Commonwealth. Pa., 467. for any grant or contract which may be thereafter – No person who shall deny the being of God, or the made or entered into by such society; and all relig- truth of the Christian religion, or the divine authority ious sects and denominations, demeaning themselves of the old or new Testament, or who shall hold peaceably, and as good citizens of the Commonwealth, religious principles incompatible with the freedom or shall be equally under the protection of the law; and safety of the State, shall be capable of holding any no subordination of any one sect or denomination to office or place of trust or profit in the civil departanother shall ever be established by law. Mass., 296. ment within this State. Ñ. C., 430. -That there shall be no establishment of any one -No person who denies the being of a God shall religious church or denomination in this State in hold any office in the civil department of this State, preference to any other; neither shall any person, on nor be allowed his oath in any court. Ark., 93; any pretense whatsoever, be compelled to attend any [Tenn., 498]. place of worship contrary to his own faith or judg- --No person who denies the being of a God, or a ment, nor be obliged to pay for the purchase of any future state of rewards and punishments, shall hold glebe, or the building of any house of worship, or any office in the civil department of this State. for the maintenance of any minister or ministry, con- Miss., 342. trary to what he believes right and has voluntarily -No contract of marriage, if otherwise duly made, and personally engaged to perform; but all persons shall be invalidated for want of conformity to the shall be at liberty to exercise their own mode of requirements of any religious sect. Cal., 104. worship: Provided, That nothing herein contained -It being the duty of all men to worship the shall be construed to exempt preachers of treasonable Supreme Being, the Great Creator and Preserver of or seditious discourses from legal trial and punish- the universe, and their right to render that worship ment. . N. C., 425.
in the mode most consistent with the dictates of their -That all men have a natural and indefeasible right conscience, no person shall by law be compelled to to worship Almighty God according to the dictates join or support, or be classed with or associated of their own consciences; that no man shall be com- to any congregation, church, or religious association, pelled to attend, erect or support any place of worship, But every person now belonging to such congregaor to maintain any ministry against his consent; that tion, church, or religious association, shall remain a no human authority ought, in any case whatever, to member thereof until he shall have separated himself control or interfere with the rights of conscience; therefrom in the manner hereinafter provided. And and that no preference shall ever be given by law to each and every society or denomination of Christians any religious societies or modes of worship. Ky., 223. in this State shall have aud enjoy the same and equal --Perfect freedom of religious sentiment, be and the powers, rights and privileges, and shall have power same is hereby secured, and no inhabitant of this and authority to support and maintain the ministers State, shall ever be molested in person or property, cr teachers of their respective denominations, and to nor prohibited from holding any public office or trust build and repair houses for public worship by a tax on account of his religious opinion.
on the members of any such society only, to be laid – That no person shall be molested for his opinions by a major vote of the legal voters assembled at any on any subject whatever, nor suffer any civil or poli- society meeting, warned and held according to law, tical incapacity, or acquire any civil or political or in any other manner. Ct., 112. advantages, in consequence of such opinions, except --If any person shall choose to separate himself from in cases provided for in this Constitution. Miss. the society or denomination of Christians to which 334.
he may belong, and shall leave a written notice thereof --All men shall be secured in the natural right to with the clerk of such society, he shall thereupon be worship Almighty God according to the dictates of no longer liable for any future expenses which may their own consciences. Ind., 170; Me., 239; Or., 447. be incurred by said society. Ct., 12. -And no one shall be hurt. molested or restrained --That all men have a natural and inalienable right to worship Almighty God according to the dictates society, theological or religious seminary, nor shall of their own conscience, [N. C., 7-22,] and that no property belonging to the State be appropriated for preference shall ever be given by law to any religious any such purpose. Mich., 304. establishment or mode of worship in this State. Fl., -No preference shall be given by law to any chris124.
tian sect or mode of worship. Ct., 107. - The Legislature shall pass no law to prevent any -No preference shall ever be given by law to any person from worshipping Almighty God according to religious sect, or mode of worship. Miss., 334. the dictates of his own conscience, or to compel any -No preference shall be given by law to any creed, person to attend, erect or support any place of relig- religious society, or mode of worship; no man shall ious worship, or to pay tithes, taxes or other rates be compelled to attend, erect or support any place of for the support of any minister of the Gospel or worship, or to maintain any ministry, against his teacher of religion. Mich., 307.
consent. Ind., 170. -Although it is the duty of all men frequently to -The rights, privileges, immunities and estates of assemble together for the public worship of the Author religious societies and corporate bodies shall remain of the Universe, and piety and morality, on which as if the Constitution of this State had not been the prosperity of communities depends, are thereby altered or amended. Pa., 466; Del., 125. promoted; yet no man shall, or ought to be com- --No ordained clergyman or ordained preacher of the pelled to attend any religious worship, to contribute gospel, of any denomination, shall be capable of holdto the erection or support of any place of worship, ing any civil office in the State, or of being a member or to the maintenance of any ministry, against his of either branch of the Legislature while he continues own free will and consent, and no power shall or in the exercise of the pastoral or clerical functions. ought to be vested in or assumed by any magistrate, Del., 125. that shall in any case interfere with, or in any man- - That no person shall be compelled to erect, support ner control the rights of conscience, in the free or attend any place of worship, or maintain any minexercise of religious worship: nor shall a preference ister of the Gospel or teacher of religion; but whatbe given by law to any religious societies, denomina- ever contracts any person may enter into for any such tion or modes of worship. Del., 116.
object ought, in law, to be binding and capable of -The General Assembly shall mal no law respect- enforcement, as other contracts. Mo., 347. ing an establishment of religion, or prohibiting the -No money shall be drawn from the treasury for the free exercise thereof; nor shall any person be cim- benefit of any religious or theological institution. pelled to attend any place of worship, pay tithes, Ind., 170; Or., 447. taxes, or other rates for building or repairing places -The Legislature may authorize the employment of of worship, or the maintenance of any minister or a chaplain for the State prison; [Mich., 303], but no ministry. Iowa, 183.
money shall be appropriated for the payment -No religious test shall be required as a qualification of any religious service, in either House of the Legto any office, or public trust, under this State. Del., islative Assembly. Or., 447. 116; III., 165; Ind., 170; Iowa, 183; 01., 447; Ohio, -If any person shall declare that he has conscientious 432; N. J., 912; Neb., 371; Tex., 505 ; Tenn., 490; scruples against taking an oath, or swearing in any Wis., 560.
form, the said oath may be changed into a solemn - That every gift, sale or devise of land, to any min- affirmation, and be made by him in that form. Mo., ister, public teacher or preacher of the Gospel, as 350. such, or to any religious sect, order or denomination, —The mode of administering any oath or affirmation or to or for the support, use or benefit of, or in trust shall be such as may be most consistent with, and for any minister, public teacher, or preacher of the binding upon the conscience of the person to whom Gospel, as such, or any religious sect, order or denom- such oath or affirmation may be administered. Ind. ination, and every gift or sale of goods or chattels to 170; Or., 447. go in succession, or to take place after the death of – That the manner of administering an oath or the seller or donor, to or for such support, use or affirmation to any person ought to be such as those benefit; and also, every devise of goods or chattels, of the religious persuasion, profession or denominato or for the support, use or benefit of any minister, tion of which he is a member, generally esteem the public teacher or preacher of the Gospel, as such; or most effectual confirmation by the attestation of any religious sect, order or denomination, without the Divine Being. Md., 256. the prior or subsequent sanction of the Legislature, — The manner of administering an oath or affirmashall be void; except always any sale, gift, lease or tion shall be such as is most consistent with the condevise of any quantity of land not exceeding five acres, science of the deponent, and shall be esteemed by the for a church, meeeting-house or other house of wor- General Assembly the most solemn appeal to God. ship, or parsonage, or for a burying-ground, which Ky., 220. shall be improved, enjoyed or used only for such pur- -No person, while he continues to exercise the pose, or such sale, gift, lease or devise shall be void. functions of a clergyman, priest, or teacher of any Md., 255.
religious persuasion, society or sect, nor while he -That every gift, sale, or devise of any land to any holds or exercises any office of profit under this Comminister, public teacher, or preacher of the Gospel
, monwealth, or under the government of the United as such, or to any religious sect, order or denomina- States, shall be eligible to the General Assembly, tion; or to, or for the support, use or benefit of, or except attorneys-at-law, justices of the peace, and in trust for, any minister, public teacher or preacher militia officers: Provided, That attorneys for the of the Gospel, as such, or any religious sect, order or Commonwealth, who receive a fixed annual salary, denomination; and every gift or sale of goods or shall be ineligible. Ky., 212. chattels to go in succession, or to take place after the -No person shall be deprived of any of his rights, death of the seller or donor, to or for the support, privileges, or capacities, or disqualified from the peruse or benefit; and also every devise of goods or formance of any of his public or private duties, or chattels, to or for the support, use or benefit of any rendered incompetent to give evidence in any court minister, public teacher or preacher of the Gospel, as of law or equity, in consequence of his opinions on such, or any religious sect, order or denomination, the subject of religion; and any party to any judicial shall be void ; except any gift, sale or devise of land proceeding shall have the right to use as a witness, to a church, religious society or congregation, or to or take testimony of, any other person not disqualified any person or persons in trust, for the use of a church, on account of interest, who may be cognizant of any religious society or congregation, whether incorpo- fact material to the case; and parties to suits may be rated or not, for the uses and purposes, and within witnesses, as provided by law. Iowa, 183. the limitations of the next preceding clause of this —That, as it is the duty of every man to worship article, Mo., 347.
God in such manner as he thinks most acceptable to - No money shall be appropriated or drawn from him, all persons are equally entitled to protection in the treasury for the benefit of any religious sect or their religious liberty, wherefore, no person ought, by any law, to be molested in his person or estate, on denomination to another shall ever be established by account of his religious persuasion or profession, or law. Mass., 280. for his religious practice, unless under the color of – That no religious corporation can be established in religion any man shall disturb the good order, peace, this State; except that by a general law, uniform or safety of the State, or shall infringe the laws of throughout the State, any church, or religious society, morality, or injure others in their natural, civil or reli- or congregation, may become a body corporate, for gious rights; nor ought any person to be compelled the sole purpose of acquiring, holding, using, and disto frequent or maintain, or contribute, unless on con- posing of so much land as may be required for a tract to maintain, any place of worship, or any house of public worship, a chapel, a parsonage, and ministry; nor shall any person be deemed incompe- a burial ground, and managing the same, and content as a witness or juror who believes in the tracting in relation to such land, and the buildings existence of a God, and that under his dispensation thereon, through a board of trustees, selected by such person will be held morally accountable for his themselves; but the quantity of land to be held by acts, and be rewarded or punished therefor, either in any such body corporate, in connection with a house this world or the world to come. Md., 255.
of worship or a parsonage, shall not exceed five acres -It is the right as well as the duty of all men in in the country, or one acre in a town or city. Mo., 347. society, publicly, and at stated seasons, to worship –There shall be no establishment of one religious the Supreme Being, the great Creator and Preserver sect in preference to another; no religious test shall of the universe. And no subject shall be hurt, be required as a qualification for any office or public molested or restraired, in his person, liberty, or trust; and no person shall be denied the enjoyment estate, for worshipping God in the manner and sea- of any civil right merely on account of his religious son most agreeable to the dictates of his own con- principles. N. J., 412. science; or for his religious profession or sentiments; -As morality and piety, rightly grounded on evanprovided he doth not disturb the public peace, or gelical principles, will give the best and greatest securobstruct others in their religious worship. Mass., 280. ity to government, and will lay in the hearts of men -As the happiness of a people, and the good order the strongest obligations to due subjection; and as and preservation of civil Government, essentially a knowledge of these is most likely to be propagated depend upon piety, religion and morality; and as through a society by the institution of the public these cannot be generally diffused through a commu- worship of the Deity, and of public instruction in nity, but by the institution of the public worship of morality and religion; therefore, to promote those God, and of public instructions in piety, religion and important purposes, the people of this State have a morality; Therefore, To promote their happiness, right to empower, and do hereby fully empower the and to secure the good order and preservation of their Legislature to authorize, from time to time, the several Government, the people of this Commonwealth have towns, parishes, bodies corporate, or religious societies a right to invest their Legislature with power to within this State, to make adequate provisions, at authorize and require, and the Legislature shall
, from their own expense, for the snpport and maintenance time to time, authorize and require the several towns, of public Protestant teachers of piety, religion, and parishes, precincts, and other bodies politic, or relig- morality. N. H., 399. ious societies, to make suitable provision, at their — The rights, privileges, immunities and estates of own expense, for the institution of the public worship both civil and religious societies and of corporate of God, and for the support and maintenance of pub- bodies, shall remain as if the Constitution of this lic protestant teachers of piety, religion and morality, State had not been altered or amended. S. C., 488. in all cases where such provision shall not be made -No religious test or amount of property shall ever voluntarily. Mass., 280.
be required as a qualification for any office of public —The right of every man to worship Almighty God trust under the State. No religious test or amount according to the dictates of his own conscience, shall of property shall ever be required as a qualification of never be infringed, nor shall any man be compelled any voter at any election in this State; nor shall any to attend, erect, or support any place of worship, or person be rendered incompetent to give evidence in to maintain any ministry, against his consent. Nor any court of law or equity in consequence of his shall any control of, or interference with the rights of opinion upon the subject of religion. Minn., 320. conscience be permitted, or any preference be given –That all men have a natural and inalienable right to by law to any religious establishments, or modes of worship Almighty God according to the dictates of worship. Nor shall any money be drawn from the their own consciences and understandings, as in their treasury for the benefit of religious societies or relig- opinion shall be regulated by the word of God; and ious or theological seminaries. Wis., 560; (nearly that no man ought to, or of right can be compelled similar), Min., 320.
to attend any religious worship, or erect or support - And the people of this Commonwealth have also a any place of worship, or maintain any ministry, conright to, and do, invest their Legislature with author- trary to the dictates of his conscience; nor can any ity to enjoin upon all the subjects an attendance upon man be justly deprived or abridged of any civil right the instructions of the public teachers aforesaid, at as a citizen on account of his religious sentiments or stated times and seasons, if there be any on whose peculiar mode of religious worship; and that no instructions they can conscientiously and conveniently authority can, or ought to be vested in or assumed attend. Mass., 280.
by any power whatever, that shall in any case interProvided, notwithstanding, That the several towns, fere with or in any manner control the rights of parishes, precincts, and other bodies politic, or religi- conscience in the free exercise of religious worship; ous societies, shall at all times have the exclusive nevertheless, every sect or denomination of Christians right of electing their public teachers, and of con- ought to observe the Sabbath or Lord's day, and keep tracting with them for their support and maintenance. up some sort of religious worship which to them shall Mass., 280.
seem most agreeable to the revealed will of God. - And all moneys, paid by the subject, to the support Vt. 521. of public worship, and of the public teachers afore- -But the liberty of conscience hereby secured shall said shall, if he require it, be uniformly applied to the not be so construed as to excuse acts of licentiousness, support of the public teacher or teachers of his own nor to justify practices inconsistent with the good religious sect or denomination, provided there be any order, peace, or safety of the State, or with the rights on whose instructions he attends; otherwise it may of others. Mo. 346; S. C., 488. be paid toward the support of the teacher or teachers -Every individual has a natural and unalienable right of the parish or precinct in which the said moneys to worship God according to the dictates of his own are raised. Mass., 280.
conscience and reason; and no subject shall be hurt, -And every denomination of Christians, demeaning molested or restrained in his person, liberty or estate, themselves peaceably, and as good subjects of the for worshipping God in the manner and season most Commonwealth, shall be equally under the protection agreeable to the dictates of his own conscience, or of of the law; and no subordination of any one sect or his religious profession, sentiments, or persuasion :
$ 4. The privileges of the writ of habeas corpus shall not be suspended, unless 2 when, in cases of rebellion or invasion, the public safety may require its suspension().
Provided, He doth not disturb the public peace, or -No person shall be rendered incompetent to give disturb others in their religious worship. N. H., 398. evidence in any court of law or equity in conseProvided notwithstanding, That the several towns, quence of his opinions on the subject of religion. parishes, bodies corporate, or religious societies,
Wis., 560. shall at all times have the exclusive right of electing
: their own public teachers, and of contracting with them for their support and maintenance. And no (1). U.S.
, 13; N. Y., (1821) 42; Ala. 73; Ark., person, or any one particular religious sect or denom- 84; Cal., 96; Del., 117; Ga., 142; IV., 166; Ind., 171; ination shall ever be compelled to pay toward the sup- Kan., 197; La., 233; Mich., 304; Pa., 468; Mo., 347 ; port of the teacher or teachers of another persuasion, Nev., 379; N. J.
, 412; Ohio, 432; Or., 448; S. C. sect or denomination. N. H., 399.
487 ; Tenn., 491; Tex., 508; W. Va., 546; Miss., 335. -And every denomination of Christians demeaning themselves quietly, and as good subjects of the State, shall be equally under the protection of the law; and WRIT OF HABEAS CORPUS --EX POST no subordination of any one sect or denomination to FACTO LAWS-EXEMPTION FROM SEIZanother shall ever be established by law.
URES AND SEARCHES. - And nothing herein shall be understood to affect any former contracts made for the support of the -The writ of habeas corpus shall in no case be susministry; but all such contracts shall remain and be pended. It shall be a writ, issuable of right; and in the same state as if this Constitution had not been the General Assembly shall make provision to render made. N. H., 399.
it a speedy and effectual remedy in all cases proper -No person shall be deprived of the inestimable therefor. Vt., 529, privilege of worshipping Almighty God in a manner -Retrospective laws are highly injurious, oppressive agreeable to the dictates of his own conscience; nor and unjust. No such laws, therefore, should be made, under any pretense whatever be compelled to attend either for the decision of civil causes or the punishany place of worship contrary to his faith and judg- ment of offenses. N. H., 400. ment; nor shall any person be obliged to pay tithes, The writ of habeas corpus shall not be suspended taxes, or other rates for building or repairing any or refused when application is made as required by church or churches, place or places of Worship, or law, unless in case of rebellion or invasion, the pubfor the maintenance of any minister or ministry, lic safety may require it. Iowa, 184. contrary to what he believes to be right, or has —The privilege and benefit of the writ of habeas deliberately and voluntarily engaged to perform. corpus shall be enjoyed in this Commonwealth, in N. J., 412.
the most free, easy, cheap, expeditious and ample Whereas, Almighty God hath created the mind manner; and shall not be suspended by the Legislafree, and all attempts to influence it by temporal ture, except upon the most urgent and pressing punishment; or burdens, or by civil incapacitations, occasions, and for a limited time, not exceeding tend to beget habits of hypocrisy and meanness; twelve months. Mass., 293; N. H., 410. and, whereas, a principal object of our venerated -No bill of attainder or ex post facto law shall be ancestors in their migration to this country and their passed. U. S., 13; Ark., 84; Cal., 97; Iowa, 184; settlement of this state, was, as they expressed it, to Me., 240; Min., 320; Neb., 371 ; Nev., 380; Miss., hold forth a lively experiment that a flourishing 335; Va., 537, nor vested rights be divested, unless civil State may stand and be best maintained with for purposes of public utility, and for adequate full liberty in religious concernments; we, therefore compensation previously made. La., 234. declare that no man shall be compelled to frequent or That no ex post facto law, or law impairing the to support any religious worship, place or ministry obligations of contracts shall ever be made. Ala., whatever, except in fulfillment of his own voluntary 73 ; Ark., 84; Cal., 97; Fl., 129; IV., 166; Ind., 171; contract; nor enforced, restrained, molested or bur- Iowa, 184; Ky., 224 ; La., 233; Me., 240; Va., 537; R. dened in his body or goods; nor disqualified from I., 473; Tenn., 491; Mich., 304; Pa., 468; Miss., 335; holding any office; nor otherwise suffer on account Mo., 348; Nev., 380; Tex., 506; Or., 448; W. Va., of his religious belief; and that every man shall be 547; Wis., 560. free to worship God according to the dictates of his —That retrospective laws punishing acts committed own conscience, and to profess, and by argument to before the existence of such laws, and by them only maintain, his opinion in matters of religion; and that declared penal or criminal
, are oppressive, unjust and the same shall in no wise diminish, enlarge, or affect incompatible with liberty, wherefore no ex post facto his civil capacity. R. I., 473.
law shall ever be made. Fl., 129; N. C., 422 ; Md., -In order effectually to secure the religious and 254; Tenn., 497. political freedom established by our venerated ances- - Ex post facto laws, laws impairing the obligation tors, and to preserve the same for our posterity, we of contracts, and retroactive laws injuriously affecting do declare that the essential and unquestionable any right of the citizen, are prohibited. Ga., 142. rights and principles hereinafter mentioned shall be -Laws made to punish for actions done before the established, maintained, and preserved, and shall existence of such laws, and which have not been be of paramount obligation in all legislative, judicial, declared crimes by preceding laws, are unjust, oppresand executive proceedings. R. I., 472.
sive and inconsistent with the fundamental principles -No charter of incorporation shall be granted to any of a free government. Mass., 282. church or religious denomination. Provision may be -Writs of error shall never be prohibited by law. made by general laws for securing the title to church Wis., 561. property, so that it shall be held and used for the — The writ of error shall be a writ of right in all purpose intended. W. Va., 557.
capital cases, and shall operate as a supersedeas to —The General Assembly shall not grant a charter of stay the execution of the sentence of death until the incorporation to any church or religious denomina- further order of the Supreme Court in the premises. tion, but may secure the title to church property to Neb., 371. an extent to be limited by law. Va., 518.
-The right of the people to be secure in their per-No person shall be rendered incompetent as 'a sons, houses, papers and effects, against unreasonable witness or juror in consequence of his opinions on seizures and searches, shall not be violated; and no matters of religion, nor be questioned in any court warrant shall issue but on probable cause, supported of justice touching his religious belief to affect the by oath or affirmation, particularly describing the weight of his testimony. Or., 447.
place to be searched, and the persons and things to