lature, or any branch of government: And no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. 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.

"The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures: And no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without 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 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; he cannot be 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.

"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, or, by leave of the court, for oppression and misdemeanor in office. No person shall for the same offence, be twice put in jeopardy 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 just compensation being made.

"All courts shall be open, and every man, 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 sale, denial or delay. Suits may be brought against the commonwealth in such manner, in such courts, and in such cases, as the legislature may by law direct.

"No power of suspending laws shall be exercised, unless by the legislature, or its authority.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

"All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident 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.

"No commission of Oyer and Terminer or gaol delivery shall be issued.

"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 a manner as shall be prescribed by law.

"No ex post facto law, nor any law impairing contracts shall be made.

"No person shall be attainted of treason or felony by the legislature.

"No attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth: 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 forfeiture by reason thereof.

"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.

"The right of citizens to bear arms, in defence of themselves and the state, shall not be questioned.

"No standing army shall, in time of peace, be kept up without the consent of the legislature; and the military shall, in all cases, and at all times, be in strict subordination to the civil power.

"No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

"The legislature shall not grant any title of nobility, or hereditary distinction, nor create any office the appointment of which shall be for a longer term than during good behaviour.

"Emigration from the state shall not be prohibited.

"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."

§ 91. On the 2d day of July, 1776, in a provincial congress, held at Burlington, New Jersey, a charter of rights, in the form of a constitution, was adopted, which was slightly amended by an act of 20th September, 1777, and remained the fundamental law of that state, until the adoption of a new constitution in 1844. The constitution then adopted contained the following provisions:

"All men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, ac

quiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

"All political power is inherent in the people.

"Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

"No person shall be deprived of the inestimable privilege of worshiping Alinighty God in a manner agreeable to the dictates of his own conscience; nor under any pretence whatever, be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates, for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry contrary to what he believes to be right, or has deliberately and voluntarily engaged to perform.

"There shall be no establishment of one religious sect in preference to another. No religious test shall be required as a qualification for any office or public trust; and no person shall be denied the enjoyment of any civil right merely on account of his religious principles.

"Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall

issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the papers and things to be seized.

"The right of trial by jury shall remain inviolate; but the legislature may authorize the trial of civil suits, when the matter in dispute does not exceed fifty dollars, by a jury of six men.

"In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defence.

"No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia, when in actual service in time of war or public danger.

"No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or presumption great.

"The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety may require it.

"The military shall be in strict subordination to the civil power.

"No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in a manner prescribed by law.

"Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of