Article I, § 2 3 zen thereof, unless by the law of the land, or the judgment of 4 his peers. Source Const. 1777, Art. XIII; amended, Const. 1821, Art. VII, § 1; continued without change in Const. 1846, Art. I, § 1. Lincoln's Constitutional History For comment on this section and court decisions construing it, see IV: 30-38. References to constitutional conventions. 1777. I: 522. 1846. II: 109-110. 1867. II: 293–294. Debates of constitutional conventions 1846. 453 (July 28); 537-543 (Aug. 6-7). 1867. V: 3530-3531, 3557-3558. Trial by 1 § 2. The trial by jury in all cases in which it has been here2 tofore used shall remain inviolate forever; but a jury trial 3 may be waived by the parties in all civil cases in the manner 4 to be prescribed by law. Source Const. 1777, Art. XLI; amended, Const. 1821, Art. VII, § 2; amended, Const. 1846, Art. I, § 2. Lincoln's Constitutional History For history of this section and court decisions construing it, see References to constitutional conventions and commissions. 1777. I:547. 1846. II:110. 1894. III: 67-68. Debates of constitutional conventions 1821. 169 (Sept. 17). 1867. II:290–291. 1872. II:474. 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 (I: 407-408); unanimity of verdict, I: 761-778 (1:397-407), I: 781-802 (1:408-419). tional provisions are found in this article; for the existing statutory provisions, see the civil rights law, Laws 1909, chapter 14, constituting chapter 6 of the consolidated laws. For references to certain subjects coming within the general scope of Article I but not relating specifically to any particular section thereof, see 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 I, § 4 Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 7, 17, 28, 36, 53, 75, 185 (Int. 184). In the legislature, 1895-1914: see Part II, post, pp. 1-4. liberty of wit § 3.3 The free exercise and enjoyment of religious profession Religious and worship, without discrimination or preference, shall for3 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 ex7 cuse acts of licentiousness, or justify practices inconsistent 8 with the peace or safety of this State. Source Const. 1777, Art. XXXVIII; amended, Const. 1821, Art. VII, 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, I: 541-545. 1846. Witnesses, IV: 60. 1867. II: 291. Debates of constitutional conventions 1821. State religion prohibited, 462-464 (Oct. 17); witnesses, 574576 (Oct. 30); Quakers exempted from military service, 577-580 (Oct. 31). 1846. Witnesses, 550 (Aug. 8), 1054-1055 (Oct. 5). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 24, 36, 145, 213-413 (Int. 211). liberty corpus § 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. Source Const. 1821, Art. VII, § 6; continued without change in Const. 1846, 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 exemptions from military service, see also the notes to Art. XI, § 1, post. Lincoln's Constitutional History Article I, § 5 References to constitutional conventions. 1867. Freedom from arbitrary arrest, II:289. Debates of constitutional conventions Excessive 1 bail, fines, and punish- 2 ments; de tention of 3 witnesses 1867. Freedom from arbitrary arrests, V:3239-3244. § 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.* Source Const. 1846, Art. I, § 5. Lincoln's Constitutional History For the history of this section and court decisions construing it, see IV:65-68. References to constitutional conventions. 1846. Detention of witnesses, II:114. Debates of constitutional conventions 1867. Detention of witnesses, V:3321-3327, 3539-3541. Texts of proposed amendments Rights of accused in 1 criminal actions 2 In the constitutional convention of 1894: see Proposed Constitutional § 6. No person shall be held to answer for a capital or 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 criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just 15 compensation." 12 Due process 13 of law Eminent domain 14 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. Lincoln's Constitutional History Article I, § 7 For history of this section and court decisions construing it, see 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 1 domain roads § 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 20 laying out, widening, extending or relocating parks, public 21 places, highways or streets; provided, however, that the ad22 ditional land and property so authorized to be taken shall be no more than sufficient to form suitable building sites abut24 ting on such park, public place, highway or street. After so 23 of agricul Excess Con demnation in cities Article I, 8 Liberty of speech and press Libel 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. 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 agricultural drains, V:3254-3257, 3544-3549; condemnation by railroads, 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 1 2 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). 7 In the legislature, 1895-1914: see Part II, post, pp. 7–13. § 8. Every citizen may freely speak, write and publish his 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 prosecu5 tions or indictments for libels, the truth may be given in evi6 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 • 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. |