CHAP. 3.

$8. Every person whose usual place of abode shall be in any family on the first day of July, in every such tenth year, shall be re- Who to be turned as of such family; and every person casually absent at the enumerated. time of taking the enumeration, as belonging to that place in which he usually resides.

verifieil.

$9. The return, so made out, shall be certified by each marshal Returns how taking the enumeration, to be true and accurate, to the best of his knowledge and belief, and shall be subscribed and sworn to by him, before any officer authorised to administer oaths, who shall certify

such attestation.

delivered to

clerks.

$10. Each marshal shall, on or before the first day of December, When to be in every such tenth year, cause the returns so certified to be delivered conuty to the county clerk of the county for which such marshal shall have been appointed; and in the city of New-York, to the clerk of the city and county.

county clerks

of state.

$11. Each county clerk, and the clerk of the city and county of Returns by New-York, shall, on receiving the returns of the enumeration, and to secretary other statistical information, and before the second Tuesday of January next after every such tenth year, make and transmit to the secretary of state, by mail, an abstract thereof, subscribed by him, containing the sum total in each ward and town in his county, (specifying the same towns and wards by name,) of the particulars required to be stated in the several columns of the return to be made by the marshals herein before prescribed, and also the sum total of each of the said particulars in his county.

tary to legis

$12. The secretary of state, after receiving the abstracts required Report of secto be sent to him by the county clerks, shall prepare and report to lature: the legislature, a general account of the enumeration, specifying the result thereof in the several towns, wards, cities and counties of the state, with a recapitulation of the whole.

13. The accounts for the services of the marshals in taking such Expenses enumeration, and of the county clerks in making out the abstracts how pair'. thereof, shall be audited by the supervisors of the county where the services are performed, and in the city of New-York by the common council thereof, and shall be assessed, collected and paid, as part of the contingent expenses of such county or city.

refusing in&e.

$14. Any person being the head of a family or a member thereof, Penalty for above the age of twenty-one years, who shall refuse to give to any formation, marshal the information demanded by him relative to any of the particulars which such marshal is required to state in his return, concerning such family or such person, or who shall wilfully give false information to such marshal concerning the same, shall forfeit and pay a penalty of twenty-five dollars, to be sued for and recovered with

CHAP. 4. costs of suit, by and in the name of the commissioners of common schools in their respective towns, for the benefit of such schools.2

All authority

derived from

CHAP. IV.

Of the Rights of the Citizens and Inhabitants of this State.

SEC. 1. All authority derived from the people.

2. Taxes how levied.

3. Right to keep arms.

4. When citizens may be compelled to perform military service.

5. Certain persons to be excused from service.

6. Quartering of soldiers.

7. Rights of citizens secured.

8. Trial by jury preserved; new courts to proceed according to the course of the common law.

9. Religious worship to be free.

10. The writ of habeas corpus not to be suspended.

11. Search warrants regulated.

12. Accusations for criminal offences, how to be made.

13. Principles of civil liberty declared respecting proceedings in criminal cases, and concerning the private right of property.

14. Rights of persons accused of crimes.

15. Justice to be speedily administered, and process to be granted to all persons.

16. Fines to be reasonable and proportioned to the offence

17. Excessive bail not to be required, nor unusual punishments inflicted.

18. Elections to be free; no one to be disturbed in voting.

19. Right of petitioning declared.

20. Liberty of speech and of the press declared.

21. Truth to be given in evidence in prosecutions for libels, and jury to determine Loth law and fact.

SECTION 1. No authority can, on any pretence whatsoever, be exhe people. ercised over the citizens of this state, but such as is or shall be derived from and granted by the people of this state.1

Taxes how levied.

Right to keep

arme.

Military ser

vice by citi

zens.

$2. No tax, duty, aid or imposition whatsoever, except such as may be laid by a law of the United States, can be taken or levied within this state, without the grant and assent of the people of this state, by their representatives in senate and assembly; and no citizen of this state can be by any means compelled to contribute to any gift, loan, tax, or other like charge, not laid or imposed by a law of the United States, or by the legislature of this state.2

$ 3. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.3

$ 4. No citizen of this state can be constrained to arm himself, or to go out of this state, or to find soldiers or men of arms, either horsemen or footmen, without the grant and assent of the people of this

(2) This chapter is taken substantially from the laws of 1825, p. 154.
(1) 1 R. I. 47, § 1. (2) Ib. 48, § 12. (3) 2d amendt. cons. U. S.

state, by their representatives in senate and assembly, except in the CHAP. 4. cases specially provided for by the constitution of the United States.^

excused.

§ 5. All such inhabitants of this state of any religious denomination Who to be whatever, as from scruples of conscience may be averse to bearing arms, are to be excused therefrom by paying to the state an equivalent in money; and the legislature is required to provide by law for the collection of such equivalent, to be estimated according to the expense, in time and money, of an ordinary able-bodied militia-man."

soldiers.

$6. No soldier can in time of peace be quartered in any house, Quartering without the consent of the owner; nor in time of war, but in a manner to be prescribed by law."

cured.

$7. No member of this state can be disfranchised, or deprived of Rights se any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.7

§ 8. The trial by jury, in all cases in which it has heretofore been Trial by jury. used, is to remain inviolate forever; and no new court can be insti- New courts. tuted but such as shall proceed according to the course of the common law, except such courts of equity, as the legislature, by the constitution of this state, is authorised to establish.8

worship.

$9. The free exercise and enjoyment of religious profession and Religious worship, without discrimination or preference, is forever to be allowed in this state to all mankind; but the liberty of conscience so secured, is not to be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace or safety of this state." $10. The privilege of the writ of habeas corpus cannot be sus- Writ of hapended, unless when in cases of rebellion or invasion, the public safety may require its suspension. 10

beas corpus.

rants.

$11. The right of the people to be secure in their persons, houses, Search warpapers and effects, against unreasonable searches and seizures, ought not to be violated; and no warrants can issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.11

of crimes.

$ 12. No person can be held to answer for a capital or otherwise Accusations infamous crime, (except in cases of impeachment; and in cases of the militia when in actual service, and of the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace; and in cases of petit larceny, under the regulation of the legislature,) unless on presentment or indictment of a grand jury; and in every trial on impeachment or indictment, the

(4) 1 R. L. 48, § 12. (5) Cons. art. 7, § 5. S. (7) 1R. L. 47, § 2 & 5; Cons. art. 7, § 1. 6. (11) 4th amendt. const. U.S.

(6) 1 R. L. 48, § 13 ; 3d amendt. to cons. U.
(8) Cons. art. 7, § 2. (9) Ib. § 3. (10) Ib. §

CHAP. 4.

Criminal pro ceedings.

party
accused is to be allowed counsel as in civil actions, or he may
appear and defend in person. 12

$ 13. No person can be subject for the same offence, to be twice put in jeopardy of life or limb; nor can he be compelled in any criminal case to be a witness against himself; nor be deprived of life, Private pro- liberty or property, without due process of law; nor can private property be taken for public use, without just compensation. 13

perty.

Rights of accused per

speedy.

Process.

$ 14. In all criminal prosecutions, the accused has a right to a speedy and public trial, by an impartial jury, and is entitled to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor. 14

Justice to be $ 15. Neither justice nor right should be sold to any person, nor denied, nor deferred; and writs and process ought to be granted freely and without delay, to all persons requiring the same, on payment of the fees established by law. 15

Fines.

Bail, &c.

Elections.

Right to petition.

Liberty of speech, &c.

Prosecutions

for libels,

S16. No citizen of this state ought to be fined or amerced without reasonable cause, and such fine or amercement should always be proportioned to the nature of the offence. 16

$ 17. Excessive bail ought not to be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted. 17

18. All elections ought to be free; and no person by force of arms, malice, menacing, or otherwise, should presume to disturb or hinder any citizen of this state in the free exercise of the right of suffrage. 18

$ 19. It is the right of the citizens of this state to petition the governor, or either house of the legislature; and all commitments and prosecutions for such petitioning are illegal. 19

$ 20. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law can be passed to restrain or abridge the liberty of speech or of the press.20

$21. In all prosecutions or indictments for libels, the truth may be proceedings. given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party is to be acquitted; and the jury have the right to determine the law and the fact.20

(12) Cons. art. 7, § 7. (13) Ib. (14) 6th amendt. cons. U. S. (15) 1 R. L. 48, § 6. fb. § 7. (17) Ib. §8; 8th amendt. to cons. U. S. (18) 1 R. L. 48, §9. (19) Ib. § 10. Cons. art 7, § 8:

(16)

(20)