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IV: 38-54.

References to constitutional conventions and commissions.

1777. 1:547. 1846. II:110. 1867. II:290-291. 1872. II:474.

1894. III: 67-68.

Debates of constitutional conventions

1821. 169 (Sept. 17).

1846. 543–550 (Aug. 7–8); selection, 111-112 (June 17).

1867. I: 265-266; V: 3552; compensation of jurors, V: 3263-3264;

number of jurors, V: 3239.

1894. Substitute jurors, I: 778-781 (1:407-408); unanimity of ver-

dict, I: 761-778 (I: 397-407), I: 781-802 (1:408–419).

tional provisions are found in this article; for the existing statutory pro-
visions, see the civil rights law, Laws 1909, chapter 14, constituting chapter

of the consolidated laws.

For references to certain subjects coming within tho general scope of
Article I but not relating specifically to any particular section thereof, seo
Supplemental Notes following Article XV, post, under the following titles:
Aliens, Civil process, Fisheries, Imprisonment, Intoxicating liquors, Labor,
Remedies, Riot, Test oath, Slavery, Treason, and Women.

Article 1, § 4

or the judgment of

Toxts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitu

tional Amendments, Overtures Nos. 7, 17, 28, 36, 53, 75, 185

(Int. 184).
In the legislature, 1895–1914: see Part II, post, pp. 1-4.

Art. VII, I 1; cor

ions construing it,

liberty

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1 $ 3.3 The free exercise and enjoyment of religious profession Religious
2 and worship, without discrimination or preference, shall for-
3 ever be allowed in this State to all mankind; and no person Competency
4 shall be rendered incompetent to be a witness on account of nesses
5 his opinions on matters of religious belief; but the liberty of Abuse of
6 conscience hereby secured shall not be so construed as to ex-
7 cuse acts of licentiousness, or justify practices inconsistent
8 with the peace or safety of this State.

liberty

has been heret a jury trial n the manner

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t. V'II, & 2;

Sourco
Const. 1777, Art. XXXVIII; amended, Const. 1821, Art. VII, 1 3;

. ,
amended, Const. 1846, Art. I, $ 3.
Lincoln's Constitutional History

For the history of this section and court decisions construing it,

see IV: 54-65.
References to constitutional conventions.

1777. State religion prohibited, 1: 541-545.
1846. Witnesses, IV: 60.

1867. II: 291.
Debates of constitutional conventions

1821. State religion prohibited, 462–464 (Oct. 17); witnesses, 574

576 (Oct. 30); Quakers exempted from military service, 577-580

(Oct. 31).

1846. Witnesses, 550 (Aug. 8), 1054-1055 (Oct. 5). Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitu

tional Amendments, Overtures Nos. 24, 36, 145, 213-413 (Int. 211).

ruing it, see

ons.
372. II:174.

263-3264;

corpus

r of ver

1 § 4. The privilege of the writ of habeas corpus shall not be Habeas
2 suspended, unless when, in cases of rebellion or invasion, the
3 public safety may require its suspension.

ory prochaptor

Source

Const. 1821, Art. VII, $ 6; continued without change in Const. 1846,

Art. I, § 4.

opo of

of, seo titles: Labor,

3 For references relating to the ineligibility of the clergy to hold office in this state, see Supplementary Notes following Article XV, post, under the title, Office.

For eremptions from military service, see also the notes to Art. XI, § 1, post.

Article I, § 5

Lincoln's Constitutional History
References to constitutional conventions.

1867. Freedom from arbitrary arrest, II:289.
Debates of constitutional conventions

1867. Freedom from arbitrary arrests, V:3239-3244,

Excessive bail, fines,

1 5. Excessive bail shall not be required nor excessive fines and punish 2 imposed, nor shall cruel and unusual punishments be inflicted, tention of 3 nor shall witnesses be unreasonably detained.*

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Source

Const. 1846, Art. I, § 5.
Lincoln's Constitutional History

For the history of this section and court decisions construing it,

see IV :65-69.
References to constitutional conventions.

1846. Detention of witnesses, II:114.

1867. Detention of witnesses, II:294. Debates of constitutional conventions

1867. Detention of witnesses, V:3321-3327, 3539–3511. Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 203 (Int. 201), 315 (Int. 309).

Rights of accused in criminal actions

1 $ 6. No person shall be held to answer for a capital or 2 otherwise infamous crime (except in cases of impeachment, 3 and in cases of militia when in actual service, and the land 4 and naval forces in time of war, or which this State may keep 5 with the consent of Congress in time of peace, and in cases of 6 petit larceny, under the regulation of the Legislature), un7 less on presentment or indictment of a grand jury, and in any 8 trial in any court whatever the party accused shall be allowed 9 to appear and defend in person and with counsel as in civil 10 actions. No person shall be subject to be twice put in jeop11 ardy for the same offense; nor shall he be compelled in any

12 criminal case to be a witness against himself; nor be deprived Due process 13 of life, liberty or property without due process of law; nor

14 shall private property be taken for public use without just 15 compensation.”

of law

Eminent domain

Source

Const. 1821, Art. VII, § 7; amended, Const. 1846, Art. I,

$ 6.

4 For references to the subject of capital punishment, see Supplemental Notes following Article XV, post, under that title.

5 For notes relating to the last clause of this section (eminent domain), see Art. I, 7, post.

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TEXT IN FORCE APRIL 6, 1915, With NOTES

Article I, 8 5

5

Article I, § 7

s Constitutional History
erences to constitutional conventions.

1967. Freedom from arbitrary arrest, II:289.
of constitutional conventions
: Freedom from arbitrary arrests, V:3239-3244,

5. Excessive bail shall not be required nor excessive fines sed, nor shall cruel and unusual punishments be inflicted, hall witnesses be unreasonably detained.

Lincoln's Constitutional History

For history of this section and court decisions construing it, see

-- 1846, Art. I, $ 5. Constitutional History the history of this section and court decisions construing it, IV:65-69. ences to constitutional conventions. 46. Detention of witnesses, II:114. 367. Detention of witnesses, II:294.

constitutional conventions Detention of witnesses, V:3321-3327, 3539-3511. oposed amendments constitutional convention of 1894: see Proposed Constitutional ndments, Overtures Nos. 203 (Int. 201), 315 (Int. 309).

No person shall be held to answer for a capital or vise infamous crime (except in cases of impeachment,

cases of militia when in actual service, and the land val forces in time of war, or which this State may keep ne consent of Congress in time of peace, and in cases of irceny, under the regulation of the Legislature), unpresentment or indictment of a grand jury, and in any any court whatever the party accused shall be allowed ar and defend in person and with counsel as in civil

No person shall be subject to be twice put in jeop· the same offense; nor shall he be compelled in any case to be a witness against himself; nor be deprived iberty or property without due process of law; nor vate property be taken for public use without just ation."

IV:69–135. In particular, see pages 91-100 for statutes which have been held by the courts not to violate the “due process of law” clause of the Constitution, and pages 100-112 for statutes which

have been held by the courts to be contrary to this provision. References to constitutional conventions.

1777. I:539-540. 1867. II:291-292. 1894. III:68-69. Debates of constitutional conventions

1821. 163–167 (Sept. 17). 1867. V:3244–3247, 3541-3544. Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 58–449 (Int. 58), 76, 96, 120–389 (Int. 120), 191 (Int. 190), 236 (Int. 234), 263–412 (Int. 261), 282 (Int.

280), 319 (Int. 311), 352 (Int. 343), 379 (Int. 367), 414 (Int. 380). In the legislature, 1895–1914, see Part II, post, pp. 4-7.

domain

roads

1 § 7. When private property shall be taken for any public Eminent 2 use, the compensation to be made therefor, when such com3 pensation is not made by the state, shall be ascertained by a 4 jury, or by the supreme court with or without a jury, but not 5 with a referee, or by not less than three commissioners ap6 pointed by a court of record, as shall be prescribed by law. 7 Private roads may be opened in the manner to be prescribed Private 8 by law; but in every case the necessity of the road and the 9 amount of all damage to be sustained by the opening thereof 10 shall be first determined by a jury of freeholders, and such 11 amount, together with the expenses of the proceeding, shall 12 be paid by the person to be benefited. General laws may be Drainage 13 passed permitting the owners or occupants of agricultural tural lands 14 lands to construct and maintain for the drainage thereof, 15 necessary drains, ditches and dykes upon the lands of others, 16 under proper restrictions and with just compensation, but no 17 special laws shall be enacted for such purposes. 18 The legislature may authorize cities to take more land 19 and property than is needed for actual construction in the in cittes 20 laying out, widening, extending or relocating parks, public 21 places, highways or streets; provided, however, that the ad. 22 ditional land and property so authorized to be taken shall be 23 no more than sufficient to form suitable building sites abut24 ting on such park, public place, highway or street. After so

Excess condemnation

1, Art. VII, $ 7; amended, Const. 1846, Art. I, & 6.

es to the subject of capital punishment, see Supplemental

Article XV, post, under that title. lating to the last clause of this section (eminent domain), post.

Article I, § 8

25 much of the land and property has been appropriated for 26 such park, public place, highway or street as is needed there27 for, the remainder may be sold or leased.

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Source

Const. 1846, Art. I, 7; amended, Const. 1894, Art. I, $ 7; amended,

1913.6 Lincoln's Constitutional History

For court decisions construing this section, see IV:136-141; for court

decisions on the subject of eminent domain, see IV:125-135.
References to constitutional conventions and commissions.

1846. II:188.
1867. Agricultural drains, II:292; condemnation by railroads,

nature of title taken, II:292.
1872. Compensation, II:475; agricultural drains, II:476-477.

1894. Appraisal, III:69-70; agricultural drains, III:31-33. Debates of constitutional conventions

1846. Condemnation, appraisal, 118 (June 19); condemnation, special

laws, 983–984 (Sept. 26).
1867. Condemnation, appraisal, V:3247-3254; private roads and agri-

cultural drains, V:3254-3257, 3544-3549; condemnation by rail

roads, nature of title taken, V:3254.
1894. Condemnation, appraisal, I:807-830 (1:423-435); II:627-637

(II:962-967); II:639-669 (II:969–985); II:672-679 (II:988–992);
agricultural drains, IV:847-856 (V:2445-2450); IV:1047-1063

(VI: 2562-2592).
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 15, 133, 141, 230 (Int. 228), 333–

420 (Int. 325), 335–417 (Int. 327),” 385-426 (Int. 364). In the legislature, 1895–1914: see Part II, post, pp. 7–13.

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1 § 8. Every citizen may freely speak, write and publish his
2 sentiments on all subjects, being responsible for the abuse of
3 that right; and no law shall be passed to restrain or abridge
4 the liberty of speech or of the press. In all criminal prosecu-
5 tions or indictments for libels, the truth may be given in evi-
6 dence to the jury; and if it shall appear to the jury that the
7 matter charged as libelous is true, and was published with
8 good motives and for justifiable ends, the party shall be

Liberty of speech and press

Libel

6 For legislative history of this amendment and action of the people thereon, see Part II, post, p. 9.

7 This overture was adopted by the convention and accordingly became a part of the Constitution.

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