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MONTGOMERY, ALA,:
ARTHUR BINGHAM, STATE PRINTER

1874.

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WE, the People of the State of Alabama, by our Representatives in Convention assembled, in order to establish justice, iusure domestic tranquility, provide for the common defense, promote the general welfare, and secure to ourselves and to our posterity the rights of life, liberty and property, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama:

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ARTICLE I.

DECLARATION OF RIGHTS.

That the great, general and essential principles of liberty and free government may be recognized and established, WE DECLARE:

$ 1. That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.

§ 2. That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the State of Alabama, possessing equal civil and political rights and public privileges.

$ 3. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have, at all times, an inherent right to change their form of government, in such manner as they may deem expedient.

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infor $ 4. That no person shall:bė deprived of the right to worship God according to the.atetates of his own conscience. $ 5. That no religioni għall be established by law.

to dete $ 6. That any, citizen may speak, write, and publish his sen

court. timents on all inbjects, being responsible for the abuse of that $15. liberty.

any in $ 7. That.the people shall be secure in their persons, houses,

shall papers and possessions, from unreasonable seizures or searches, justice and that so warrant shall issue to search any place, or to seize 16. any person or thing without probable cause, supported by oath or affirmation.

$17. § 8. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel, or either; to demand the nature and cause of the accusation; to have a copy thereof; by sufi to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment or information, a speedy, pub

$ 19. lic trial, by an impartial jury of the county or district in which the offense was committed ; and that he shall not be compelled to give evidence against himself, or be deprived of his life, liberty or property, but by due process of law.

$9. That no person shall be accused, or arrested, or detained, except in cases ascertained by law, and according to the forms which the same has prescribed; and that no person shall be or his punished but by virtue of a law established and promulgated prior to the offense, and legally applied.

§ 10. That no person shall, for any indictable offense, be poceeded against criminally, by information, except in cases arising in the land and naval service, or in the militia when in actual service, or by leave of the court for oppressions or mis

Keepth demeanor in office; Provided, That in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, and other misdemeanors, the General Assembly may, by law, dispense with a grand jury, and authorize such prosecutions and proceedings before justices of the peace, or such other inferior courts as may be by law established.

$ 11. That no person shall, for the same offense, be twice put in jeopardy of life or limb.

$ 12. That no person shall be debarred from prosecuting or defending, before any tribunal in the State, by himself, or counsel, any civil cause to which he is a party.

$ 13. That the right of trial by jury shall remain inviolate.

§ 14. That in prosecution for the publication of papers investigating the official conduct of officers, or men in public capacity, or when the matter published is proper for public states,

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information, the truth thereof may be given in evidence; and
that in all indictments for libel, the jury shall have the right
to determine the law and the facts under the direction of the
court.

$ 15. That all courts shall be open, that every person, for
any injury done him in his lands, goods, person, or reputation,
shall have a remedy by due process of law; and right and
justice shall be administered without sale, denial or delay.

$ 16. That suits may be brought against the State, in such manner and in such courts as may be by law provided.

$ 17. That excessive fines shall not be imposed, or cruel pun. ishment inflicted.

§ 18. That all persons shall, before conviction, be bailable
by sufficient sureties, except for capital offenses when the
proof is evident, or the presumption great. Excessive bail
shall not, in any case, be required,

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$ 19. The privilege of writ of habeas corpus shall not be
suspended, except when necessary for public safety in times
of rebellion or invasion.

$ 20. That treason against the State shall consist only in levy-
ing war against it, or adhering to its enemies, giving them aid
and comfort ; and that no person shall be convicted of treason,
except on the testimony of two witnesses to the same overt act,
or his own confession in open court.

$ 21. That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood or forfeiture of estate.

$ 22. That no person shall be imprisoned for debt.

$ 23. That no power of suspending laws shall be exercised, except by the General Assembly, or by its authority.

$ 24. That no ex post facto law, or any law impairing the obligation of contracts, shall be made.

$ 25. That private property shall not be taken or applied for public use, unless just compensation be made therefor; nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner : Provided, however, That laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and for works of internal improvement, the right to establish depots, stations, and turnouts, but just compensation shall, in all cases, be first made to the owner.

$ 26. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost or toll imposed; and that no tax,

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