1870 . ] 665 JOURNAL OF THE CONVENTION .

warrant shall issue without probable cause , supported by oath or affirmation , par ticularly describing the place to be searched , and the persons or things to be seized .

$ 8 . All persons shall be bailable , by sufficient sureties , unless for capital offen ses where the proof is evident or the 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 .

$ 9 . No person shall be held to answer for a criminal offense , unless on indict ment of a grand jury , except in cases of petit larceny and offenses less than felony , in which the punishment is by fine or imprisonment otherwise than in the poniten tiary , in cases of impeachment , and in cases arising in the army and navy , or in the militia when in actual service in time of war or public danger .

§ 10 . In all criminal prosecutions , the accused shall be allowed to appear and defend , in person and with counsel ; to demand the nature and cause of the accu sation 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 in his be half , and a spcedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed

$ 11 . No person shall be compelled , in any criminal case , to give evidence against himself , or be twice put in jeopardy for the same oflense .

$ 12 . All penalties shall be proportioned to the nature of the offense - - the true design of all punishment being to reform , not to exterminate mankind .

$ 13 . No conviction shall work corruption of blood or forfeiture of estate ; nor shall any person be transported out of this State for any offense committed within the same .

$ 14 . No person shall be imprisoned for debt , unless upon refusal to deliver up his estate for the benefit of his creditors , in such manner as shall be prescribed by law , or in cases where there is strong presumption of fraud .

15 . Private property shall not be taken or damaged for public use without just compensation . Such compensation , when not made by the State , shall be as . certained by a jury , or by not less than three commissioners , appointed by a court of record , as shall be prescribed by law . The fee of land taken for railroad tracks , without consent of the owners thereof , shall remain in such owners , subject to the use for which it is taken .

$ 16 . The General Assembly shall not pass any en post facto law , or law im pairing the obligation of contracts , nor make any irrevocable grant of special privileges or immunities .

$ 17 . The military shall be in strict subordination to the civil power .

$ 18 . 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 the manner prescribed by law .

$ 19 . The people have the right to assemble together in a peaceable manner to consult for the common good , to make known their opinions to their representa tives , and to apply for redress of grievances . $ 20 . All elections shall be free and equal .

21 . Every person within this State ought to find a certain remedy in the laws for all injuries or wrongs which he may receive , in his person , property or charac ter ; he ought to obtain right and justice freely and without being obliged to pur chase it , completely and without denial , promptly and without delay , conformably to the laws .

$ 22 . A frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty .

The Convention then resumed the consideration of the report of the committee of the Whole on the Judiciary Article .

The pending question being the motion of Mr . Dement , introduced on yesterday , to amend section 12 , as amended by the committee of the Whole ,

Mr . Sedgwick moved that the amendment of Mr . Dement be com mitted to the committee on the Bill of Rights , with instructions to re port back a clause in the Article on Bill of Rights , providing that the

- - 84