Page:The Federal and state constitutions vol1.djvu/175

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Alabama—1867
133

zens of the State of Alabama, possessing equal civil and political rights and public privileges.

Sec. 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.

Sec. 4. That no person shall be deprived of the right to worship God according to the dictates of his own conscience.

Sec. 5. That no religion shall be established by law.

Sec. 6. That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Sec. 7. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures or searches, and that no warrant shall issue to search any place, or to seize any person or thing, without probable cause, supported by oath or affirmation.

Sec. 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; 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 public trial, by an impartial jury of the county or district in which the offence 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.

Sec. 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 punished but by virtue of a law established and promulgated prior to the offence, and legally applied.

Sec. 10. That no person shall, for any indictable offence, be proceeded 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 misdemeanor 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 inferior courts as may be by law established.

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

Sec. 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.

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

Sec. 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 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.

Sec. 15. That all courts shall be open, that every person, for any injury done him in his lands, goods, person or reputation, shall have