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here. We were very anxious to find them out, as we thought them acting illegally."
Your Committee, in their examination, have found that in no case of crime or homicide, mentioned in the report or in the testimony, has any indictment been found against the guilty party, except in the homicide of Clark by McCrea, McCrea being a Free-State man.
These proceedings were followed by an offense of still greater magnitude. Under color of legal process, a company of about 700 armed men, the great body of whom your Committee are satisfied were not citizens of the Territory, marched into the town of Lawrence under Marshal Donaldson and S. J. Jones, officers claiming to act under the law, and bombarded and then burned to the ground a valuable hotel and one private house; destroyed two printingpresses and material; and then, being released by the officers, whose posse they claim to be, proceeded to sack, pillage, and rob houses, stores, trunks, etc., even to the clothing of women and children. Some of the letters thus unlawfully taken were private ones, written by the contesting Delegate, and they were offered in evidence. Your Committee did not deem that the persons holding them had any right thus to use them, and refused to be made the instruments to report private letters thus obtained.
| ished for any of these crimes. While such offenses were committed with impunity the laws were used as a means of indicting men for holding elections, preliminary to framing a constitution and applying for admission into the Union as the State of Kansas. Charges of high treason were made against prominent citizens upon grounds which seem to your Committee absurd Your Committee did not deem it within their and ridiculous, and under these charges they are power or duty to take testimony as to events now held in custody and are refused the privi which have transpired since the date of their ap-lege of bail. In several cases men were arrested pointment; but as some of the events tended in the State of Missouri while passing on their seriously to embarrass, hinder and delay their lawful business through that State, and detained investigations, they deem it proper here to refer until indictments could be found in the Territo them. On their arrival in the Territory, the tory. people were arrayed in two hostile parties. The hostility of them was continually increased during our stay in the Territory, by the arrival of armed bodies of men who, from their equipments, came not to follow the peaceful pursuits of life, but armed and organized into companies, apparently for war-by the unlawful detention of persons and property while passing through the State of Missouri, and by frequent forcible seizures of persons and property in the Territory without legal warrant. Your Committee regret that they were compelled to witness instances of each of these classes of outrages. While holding their session at Westport, Mo., at the request of the sitting Delegate, they saw several bodies of armed men, confessedly citizens of Missouri, march into the Territory on forays against its citizens, but under the pretense of enforcing the enactments before referred to. The wagons of emigrants were stopped in the highways, and searched without claim or legal powers, and in some instances all their property taken from This force was not resisted, because it was colthem. In Leavenworth City, leading citizens lected and marshaled under the forms of law. were arrested at noonday in our presence, by an But this act of barbarity, unexampled in the armed force, without any claim of authority, ex- history of our Government, was followed by its cept that derived from a self-constituted Com- natural consequences. All the restraints which mittee of Vigilance, many of whom were Legis- American citizens are accustomed to pay even lative and Executive officers. Some were re- to the appearance of law, were thrown off; one leased on promising to leave the Territory, and act of violence led to another; homicides became others, after being detained for a time, were form- frequent. A party under H. C. Pate, composed ally notified to leave, under the severest penal- chiefly of citizens of Missouri, were taken prisonties. The only offense charged against them was ers by a party of settlers; and while your Comtheir political opinions, and no one was thus ar-mittee were at Westport, a company chiefly of rested for alleged crine of any grade. There was Missourians, accompanied by the acting Deleno resistance to these lawless acts by the settlers, gate, went to relieve Pate and his party, and a because, in their opinion, the persons engaged in collision was prevented by the United States them would be sustained and reinforced by the troops. Civil war has seemed impending in the citizens of the populous border counties of Mis- Territory. Nothing can prevent so great a casouri, from whence they were only separated by lamity but the presence of a large force of United the river. In one case witnessed by your Com- States troops, under a commander who will with mittee, an application for the writ of habeas cor- prudence and discretion quiet the excited paswas prevented by the urgent solicitation of sions of both parties, and expel with force the Pro-Slavery men, who insisted that it would en- armed bands of lawless men coming from Mis danger the life of the prisoner to be discharged souri and elsewhere, who with criminal pertinaciunder legal process. ty infest that Territory.
While we remained in the Territory, repeated acts of outrage were committed upon the quiet, unoffending citizens, of which we received authentic intelligence. Men were attacked on the highway, robbed, and subsequently imprisoned. Men were seized and searched, and their weapons of defense taken from them without compensation. Horses were frequently taken and appropriated. Oxen were taken from the yoke while plowing, and butchered in the presence of their owners. One young man was seized in the streets of the town of Atchison, and under circumstances of gross barbarity was tarred and cottened, and in that condition was sent to his family. All the provisions of the Constitution of the United States, securing persons and property, are utterly disregarded. The officers of the law, instead of protecting the people, were in some instances engaged in these outrages, and in no instance did we learn that any man was arrested, indicted or pun- |
In some cases, and as to one entire election-district, the condition of the country prevented the attendance of witnesses, who were either arrested or detained while obeying our process, or deterred from so doing. The Sergeant-at-Arms who served the processes upon them was himself arrested and detained for a short time by an armed force, claiming to be a part of the posse or the Marshal, but was allowed to proceed upon an examination of his papers, and was furnished with a pass, signed by "Warren D. Wilkes of South Carolina." John Upton, another officer of the Committee, was subsequently stopped by a lawless force on the borders of the Territory, and after being detained and treated with great indignity was released. He also was furnished with a pass signed by two citizens of Missouri, and addressed to "Pro-Slavery men." By reason of these disturbances we were delayed in Westport, so that while in session there, our time was but partially occupied.
But the obstruction which created the most serious embarrassment to your Committee was the attempted arrest of Gov. Reeder, the contesting Delegate, upon a writ of attachment issued against him by Judge Lecompte to compel his attendance as a witness bofore the Grand Jury of Douglas County. William Fane, recently from the State of Georgia, and claiming to be the Deputy Marshal, came into the room of the Committee while Gov. Reeder was examining a witness be fore us, and producing the writ required GovReeder to attend him. Subsequent events have only strengthened the conviction of your Committee that this was a wanton and unlawful interference by the Judge who issued the writ, tending greatly to obstruct a full and fair investigation. Gov. Reeder and Gen. Whitfield alone were fully possessed of that local information which would enable us to elicit the whole truth, and it was obvious to every one that any event which would separate either of them from the Committee would necessarily hinder, delay, and embarrass it. Gov. Reeder claimed that, under the circumstances in which he was placed, he was privileged from arrest except for treason, felony, or breach of the peace. As this was a question of privilege, proper for the Courts, or for the privileged person alone to determine on his peril, we declined to give him any protection or take any action in the matter. He refused to obey the writ, believing it to be a mere pretense to get the custody of his person, and fearing, as he alleged, that he would be assassinated by lawless bands of men then gathering in and near Lecompton. He then left the Territory.
Subsequently H. Miles Moore, an attorney in Leavenworth City, but for several years a citizen of Weston, Mo., kindly furnished the Committee information as to the residence of persons voting at the elections, and in some cases examined witnesses before us. He was arrested on the streets of that town by an armed band of about thirty men, headed by W. D. Wilkes, without any color of authority, confined, with other citizens, under a military guard for twentyfour hours, and then notified to leave the Terri tory. His testimony was regarded as important, and upon his sworn statement that it would endanger his person to give it openly, the majority of your Committee deem it proper to examine him ex parte and did so.
By reason of these occurrences, the contestant, and the party with and for whom he acted, were unrepresented before us during a greater portion of the time, and your Committee were required to ascertain the truth in the best manner they
Your Committee report the following facts and conclusions as established by the testimony: First: That each election in the Territory, held under the organic or alleged Territorial law, has been carried by organized invasions from the State of Missouri, by which the people of the Territory have been prevented from exercising the rights secured to them by the organic law.
Second: That the alleged Territorial Legisla ture was an illegally constituted body, and had no powerto pass valid laws, and their enactments are, therefore, null and void.
Third: That these alleged laws have not, as a general thing, been used to protect persons and property and to punish wrong, but for unlawful Fourth: That the election under which the sitting Delegate, John W. Whitefield, holds his seat, was not held in pursuance of any valid law, and that it should be regarded only as the expression of the choice of those resident citizens who voted for him.
Fifth. That the election under which the contesting Delegate, Andrew H. Reeder, claims his
seat, was not held in pursuance of law, and that it should be regarded only as the expression of the choice of the resident citizens who voted for him.
Sixth That Andrew H. Reeder received a greater number of votes of resident citizens than John W. Whitfield, for Delegate.
Seventh That in the present condition of the Territory a fair election cannot be held without a new census, a stringent and well-guarded election law, the selection of impartial Judges, and the presence of United States troops at every place of election.
Eighth That the various elections held by the people of the Territory preliminary to the formation of the State Government have been as regular as the disturbed condition of the Territory would allow; and that the Constitution passed by the Convention, held in pursuance of said elections, embodies the will of a majority of the people.
As it is not the province of your Committee to suggest remedies for the existing troubles in the Territory of Kansas, they content themselves with the foregoing statement of facts. All of which is respectfully submitted.
WM. A. HOWARD, JOHN SHERMAN.
The Free-State Constitution framed at Topeka for Kansas, by the Convention called by the Free-State party, (as set forth in the foregoing documents,) was in due season submitted to Congress-Messrs. Andrew H. Reeder (the Free-State Territorial delegate) and James H. Lane having been chosen by the first Free-State Legislature Senators of the United States, and Mr. M. W. Delahay elected Representative in the House, by the Free-State men of Kansas. Of course, these were not entitled to their seats until the aforesaid instrument (known as "the Topeka Constitution") should be accepted by Congress, and the State thereupon admitted into the Union. This Constitution, being formally presented in either House, was received and referred to their respective Committees on Territories; but the accompanying Memorial from the Free-State Legislature, setting forth the grounds of the application, and praying for admission as a State, was, after having been received by the Senate, reconsidered, rejected, and returned to Col. Lane, on the allegation that material changes had been made in it since it left Kansas. The Senate, in like manner, rejected repeated motions to accept the Constitution, and thereupon admit Kansas as a Free Statethere never being more than Messrs. Hamlin and Fessenden of Maine, Hale and Bell of New-Hampshire, Collamer and Foot of Vermont, Sumner and Wilson of Mass., Foster of Connecticut, Seward and Fish of New York, Wade of Ohio, Durkee and Dodge of Wisconsin, Trumbull of Illinois, and Harlan of Iowa, (16) Senators in favor of such admission, and these never all present at the same time.
In the House-the aforesaid Constitution and Memorial having been submitted to the
Committee on Territories, its Chairman, Mr. Grow of Penna., from a majority of said Committee, reported in favor of the admission of Kansas under such Constitution, as a Free State; and after debate the Previous Question thereon was ordered (June 28th) by a vote of 98 Ayes to 63 Noes. Previous to this, however, Mr. Stephens of Georgia had proposed, as an amendment or substitute, a radically different bill, contemplating the appointment by the President and Senate of five Commissioners, who should repair to Kansas, take a census of the inhabitants and legal voters, and thereupon proceed to apportion, during the month of September, 1856, the delegates (52) to form a constitutional convention, to be elected by the legal voters aforesaid; said delegates to be chosen on the day of the Presidential election (Tuesday, Nov. 4th, 1856), and to assemble in convention on the first Monday in December, 1856, to form a State Constitution. The bill proposed, also, penalties for illegal voting
at said election.
ston, Kelsey, King, Knapp, Knight, Knowlton, Knox, Kunkel, Leiter, Mace, Matteson, Mc Moore, Morgan, Morrill, Murray, Andrew Oliver, Carty, Meacham, Killian Miller, Millward, Parker, Pearce, Pelton, Pennington. Perry, Pettit, Pike, Pringle, Purviance, Robbins, Roberts, Robison, Sabin, Sage, Sapp, Scott, Sherman, Simmons, Stanton, Stranahan, Tap Wade, Wakeman, Walbridge, Waldron, Cadpan, Thorington, Thurston, Todd, Trafton, walader C. Washburne, Elihu B. Washburne, Israel Washburn, Watson, Welch, Whitney, Wood, Woodruff, and Woodworth-109. NAYS-Messrs. Aiken, Allen, Barclay, Barksdale, Bell, Hendley S. Bennett, Bocock, Bowie, Boyce, Branch, Brooks, Burnett, Cadwalader, John P. Campbell, Carlile, Caruthers, Caskie, Clingman, Howell Cobb, Williamson R. W. Denver, Dowdell, Edmundson, Elliot, English, Cobb, Cox, Craige, Crawford, Davidson, Day, Eustis, Faulkner, Florence, Foster, Thomas J. D. Fuller, Goode, Greenwood, Augustus Hall, J. Morrison Harris, Sampson W. Harris, HickJones, J. Glancy Jones, Keitt, Kelly, Kennett, man, Hoffman, Houston, Jewett, George W. Kidwell, Lake, Letcher, Lumpkin, Alexander K. Marshall, Humphrey Marshall, Maxwell, McMullin, McQueen, Smith Miller, Millson, Nichols, Mordecai Oliver, Orr, Packer, Paine, Peck, Phelps, Porter, Powell, Puryear, Quitman, To this substitute-bill, Mr. Dunn of In- Ready, Ricaud, Richardson, Rivers, Ruffin, diana proposed the following amendment, to Rust, Sandidge, Savage, Seward, Shorter, Samuel come in at the end as an additional section: A. Smith, William Smith, William R. Smith, Sneed, Spinner, Stephens, Stewart, Swope, TalSEC. 18. And be it further enacted, That so bott, Taylor, Trippe, Underwood, Valk, Walker, much of the fourteenth section and of the thirty-Warner, Watkins, Wheeler, Williams, Daniel second section of the act passed at the first session of the Thirty-Third Congress, commonly called the Kansas and Nebraska act, as reads as follows: "Except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any State or Territory, or to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th March, 1820, either protecting, -Yeas; Bayard Clarke of New-York, Hickestablishing, prohibiting, or abolishing slavery," be, and the same is thereby, repealed, provided and Scott of Ind.-Nays; Scott Harrison man and Millward of Pa., Moore of Ohio, that any person or persons lawfully held to service within either of the Territories named in of Ohio not voting, Wells of Wisc. absent). said act shall be discharged from such service, The House now refused to adjourn by 106 if they shall not be removed and kept out of said to 102; and, after a long struggle, the final Territories within twelve months from the pas-question was reached, and the bill rejected:
sage of this act.
Mr. Dunn's amendment to the Stephens amendment or substitute, was carried: Yeas 109; Nays 102-as follows:
B. Wright, John V. Wright, and Zollicoffer102.
Mr. Stephens's substitute, as thus amend ed by its adversaries, was abandoned by its original friends, and received but two votes -those of Messrs. Géo. G. Dunn of Indiana
and John Scott Harrison of Ohio-Nays 210.
Mr. Dunn had previously moved a reference of the bill to the Committee of the Whole on the state of the Union. This was now defeated: Yeas 101; Nays 109.
Mr. Jones of Tenn. now moved that the bill do lie on the table, which was defeated Yeas 106; Nays 107 (Barclay of Penn.. Dunn of Ind., Haven and Williams of N. Y.
Yeas, 106; Nays 107-as follows:
YEAS-Messrs. Albright, Allison, Ball, Barbour, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, YEAS-Messrs. Albright, Allison, Ball, Bar- Buffinton, Burlingame, J. H. Campbell, Lewis bour, Henry Bennett, Benson, Billinghurst, D. Campbell, Bayard Clarke, Ezra Clark, ClawBingham, Bishop, Bliss, Bradshaw, Brenton, son, Colfax, Comins, Covode, Cragin, Cumback, Broom, Buffinton, Burlingame, James H. Camp- Damrell, Timothy Davis, Day, Dean, De Witt, bell, Lewis D. Campbell, Bayard Clarke, Ezra Dick, Dickson, Dodd, Durfee, Edie, Edwards, Clark, Clawson, Colfax, Comins, Covode, Cragin, Emrie, Flagler, Galloway, Giddings, Gilbert, Cumback, Damrell, Timothy Davis, Dean, De Granger, Grow, Robert B. Hall, Harlan, HickWitt, Dick, Dickson, Dodd, Dunn, Durfee, man, Holloway, Thomas R. Horton, Valentine Edie, Edwards, Emrie, Flagler, Galloway, Gid B. Horton, Howard, Hughston, Kelsey, King, dings, Gilbert, Granger, Grow, Robert B. Hall, Knapp, Knight, Knowlton, Knox, Kunkel, Lei Harlan, Harrison, Haven, Holloway, Thomas R. ter, Matteson, McCarty, Meacham, Killian MilHorton, Valentine B. Horton, Howard, Hugh-ler, Millward, Moore, Morgan, Morrill, Murray,
Nichols, Andrew Oliver, Parker, Pearce, Pelton,
Comins, Covode, Cragin, Cumback, Damrell,
NAYS-Messrs. Aiken, Allen, Barclay, Barks. dale, Bell, Hendley S. Bennet, Bocock, Bowie, Boyce, Branch, Brooks, Broom, Burnett, Cad walader, John P. Campbell, Carlile, Caruthers, Caskie, Howell Cobb, Williamson R. W. Cobb, Cox, Craige, Crawford, Cullen, Davidson, Den ver, Dowdell, Dunn, Edmundson, Elliot, English, Etheridge, Eustis, Evans, Faulkner, Florence, Foster, Thomas J. D. Fuller, Goode, Greenwood, Augustus Hall, J. Morrison Harris, SampNAYS-Messrs. Aiken, Allen, Barksdale, Bell, son W. Harris, Harrison, Haven, Herbert, Hoff- Hendley S. Bennett, Bocock, Bowie, Branch, man, Houston, Jewett, George W. Jones, J. Brooks, Broom, Burnett, Cadwalader, Caruthers, Glancy Jones, Keitt, Kelly, Kennett, Kidwell, Caskie, Clingman, Howell Cobb, Williamson R. Lake, Letcher, Lindley, Lumpkin, Alexander K. W: Cobb, Cox, Craige, Crawford, Cullen, Henry Marshall, Humphrey Marshall, Samuel S. Mar- Winter Davis, Denver, Dowdell, Dunn, Edshall, Maxwell, McMullin, McQueen, Smith Mil-mundson, English, Etheridge, Eustis, Evans, ler, Millson, Mordecai Oliver, Orr, Packer, D. Fuller, Goode, Greenwood, Augustus Hall, J Faulkner, Florence, Henry M. Fuller, Thos. J Paine, Peck, Phelps, Porter, Powell, Puryear, Morrison' Harris, Sampson W. Harris, Thomas Quitman, Ready, Ricaud, Rivers, Ruffin, Rust, L. Harris, Harrison, Haven, Houston, Jewett, Sandidge, Savage, Seward, Shorter, Samuel A. Smith, William Smith, William R. Smith, Sneed, George W. Jones, J. Glancy Jones, Kelly, KenStephens, Stewart, Swope, Talbott, Taylor, Trippe, ander K. Marshall, Humphrey Marshall, Sa nett, Kidwell, Lake, Lindley, Lumpkin, Alex Underwood, Valk, Walker, Warner, Watkins, muel S. Marshall, McMullin, McQueen, Smith Wheeler, Whitney, Williams, Daniel B. Wright, Miller, Milson, Mordecai Oliver, Orr, Packer, John V. Wright, and Zollicoffer-107. Peck, Phelps, Porter, Powell, Puryear, Ready, Ricaud, Rivers, Ruffin, Rust, Sandidge, Savage, Seward, Shorter, Samuel A. Smith, William Smith, William R. Smith, Sneed, Stephens, Stewart, Swope, Taylor, Trippe, Underwood, Valk, Walker, Warner, Watkins, Wheeler, Whitney, Williams, Winslow, Daniel B. Wright, John V Wright, and Zollicoffer-97.
So the bill was lost.
Mr. Goode of Virginia now sought to move a reconsideration, and to have that motion laid on the table; but was cut off by a motion to adjourn already pending, which prevailed.
July 1st.-Mr. Barclay (Dem.) of Pa. rose to a privileged motion. He moved a reconsideration of the preceding vote, by which the Free-Kansas bill had been rejected. A stormy debate ensued, in the midst of which Mr. Howard of Mich. rose to a question of higher privilege (as affecting the right of a member [delegate] to his seat) and submitted the Report of the Kansas Investigating Committee (already given). The Speaker sustained the motion, and the House sustained the Speaker. The Report was thereupon presented and read, consuming a full day.
July 3rd.-The question of reconsidering the vote defeating the Free-Kansas bill was again reached. Mr. Houston of Ala. moved that it do lie on the table: Defeated: Yeas 97; Nays 102. The main question was then ordered: Yeas 101; Nays 98; and the reconsideration carried: Yeas 101; Nays 99. The previous question on the passage of the bill was now ordered: Yeas 99; Nays 96; a motion by Mr. McQueen of S.C. to lay the bill on the table was defeated: Yeas 97; Nays 100; and then the bill was finally passed: Yeas 99; Nays 97, as follows:
Mr. Grow of Pa. moved the reconsideration of this vote, and that the motion to reconsider do lie on the table, which was permitted, without further division.
The following is the Free-Kansas or Topeka Constitution aforesaid:
OF THE STATE OF KANSAS.
WE, the People of the Territory of Kansas, by our delegates in Convention assembled at Topeka, on the 23d day of October, A. D. 1855, and eightieth year, having the right of admission into of the Independence of the United States the the Union as one of the United States of America, consistent with the Federal Constitution and by virtue of the treaty of cession by France to the United States of the Province of Louisiana, in the enjoyment of all the rights of life, liberty and order to secure to ourselves and our posterity property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independent State, by the name follows, to wit: Beginning at a point on the and style of the STATE OF KANSAS, bounded as western boundary of the State of Missouri where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern bonndary of New-Mexico; thence YEAS-Messrs. Albright, Allison, Ball, Bar-north on said boundary to latitude thirty-eight; bour, Barclay, Henry Bennett, Benson, Billing- thence following said boundary westward to the hurst, Bingham, Bliss, Bradshaw, Brenton, Buffin- eastern boundary of the Territory of Utah on ton, James H. Campbell, Lewis D. Campbell, the summit of the Rocky Mountains; thence Bayard Clarke, Ezra Clark, Clawson, Colfax, northward on said summit to the fortieth parallel
of said latitude; thence east on said parallel to | the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning; and do ordain and establish the following CONSTITUTION and BILL OF RIGHTS for the government thereof:
ARTICLE L-BILL OF RIGHTS, SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.
SEC. 2. All political power is inherent in the PEOPLE. Government is instituted for their equal protection and benefit; and they have the right to alter, reform or abolish the same when ever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the General Assembly.
SEC. 3. The people have the right to assemble together, in a peaceable manner, to consult, for their common good, to instruct their Representatives, and to petition the General Assembly for the redress of grievances.
in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed; nor shall any person be compelled in any criminal case to be a witness against himself, or be twice put in jeopardy for the same offense.
SEC. 11. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of the right; and no liberty of speech or of the press. In all criminal law shall be passed to restrain or abridge the 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 libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
the State for any offense committed within the
SEC. 13. 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.
their persons, houses, papers, and possessions, SEC. 14. The right of the people to be secure in against unreasonable searches and seizures, shall not be violated: and no warrant shall issue but
SEC. 4. The people have the right to bear arms for their defense and security, but standing arty, and shall not be kept up; and the military mies in time of peace are dangerous to liber-upon probable cause, supported by oath or afshall be kept in strict subordination to the civil power.
SEC. 5. The right of trial by jury shall be in
SEC. 6. There shall be no Slavery in this State, nor involuntary servitude, unless for the
ment of crime.
be searched, and the persons and things to be firmation, particularly describing the place to seized.
SEC. 17. No hereditary emoluments, honors, o privileges, shall ever be granted or conferred by
SEC. 18. No power of suspending laws shall ever be exercised, except by the General Assembly.
debt in any civil action, or mesne or final proSEC. 15. No person shall be imprisoned for cess, unless in case of fraud. SEC. 16. All courts shall be open; and every punish-person for an injury done him in his land, goods, SEC. 7. All men have a natural and indefeasi-person, or reputation, shall have remedy by due course of law, and justice administered without ble right to worship Almighty God according to denial or delay. the dictates of their own conscience. No person shall be compelled to attend, erect or support any place of worship, or maintain any form of worship against his consent; and no preference shall be given by law to any religious society; nor shall any interference with the rights of ccnscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and inviolate, but subservient to the public welfare. SEC. 20. Private property shall ever be held affirmations. Religion, morality, and knowledge; When taken in time of war, or other public exihowever, being essential to good government, it shall be the duty of the General Assembly to gency, imperatively requiring its immediate pass suitable laws to protect every religious de-seizure, or for the purpose of making or repairnomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.
SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety require it. SEC. 9. All persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual pun
SEC. 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia, when in actual service, in time of war or public danger, and in cases of petit larceny and other inferior offenses, no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment of a Grand Jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person, and with 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, and to have compulsory process to procure the attendance of witnesses
SEC. 19. The payment of a tax shall not be a qualification for exercising the right of suffrage.
ing roads, which shall be open to the public use, without toll or other charge therefor, a compensation shall be made to the owner in money; and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be made in money, first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
SEC. 21. No indenture of any negro, or mulatto, made and executed out of the bounds of the State, shall be valid within the State.
SEC. 22. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated shall remain with the people.
ARTICLE II-ELECTIVE FRANCHISE. SECTION 1. In all elections by the people, the vote shall be by ballot, and in all elections in the General Assembly, the vote shall be viva voce.
SEC. 2. Every white male person, and every civilized male Indian who has adopted the habits of the white man, of the age of twenty-one years and upward, who shall be at the time of