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- CONSTITUTION OF THE
-
- STATE OF RHODE ISLAND
-
- PREAMBLE
-
- We, the people of the State of Rhode Island and Providence
- Plantations, grateful to Almighty God for the civil and
- religious liberty which He hath so long permitted us to
- enjoy, and looking to Him for a blessing upon our endeavors
- to secure and to transmit the same unimpaired to succeeding
- generations, do ordain and establish this Constitution of
- government.
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
- Declaration of Certain Constitutional rights and Principles.
-
- In order effectually to secure the religious and political
- freedom established by our venerated ancestors, and to pre-
- serve the same for our posterity, we do declare that the
- essential and unquestionable rights and principles herein-
- after mentioned shall be established, maintained, and pre-
- served, and shall be of paramount obligation in all Legisla-
- tive, judicial, and executive proceedings.
-
- Sec. 1. In the words of the Father of his Country, we declare that
- "the basis of our political systems is the right of the
- people to make and alter their constitutions of government;
- but that the constitution which at any time exists, till
- changed by an explicit and authentic act of the whole peo-
- ple, is sacredly obligatory upon all."
-
- Sec. 2. All free governments are instituted for the protection, sa-
- fety and happiness of the people. All laws, therefore,
- should be made for the good of the whole; and the burdens of
- the state ought to be fairly distributed among its citizens.
-
- Sec. 3. Whereas Almighty God hath created the mind free; and all
- attempts to influence it by temporal punishments or burdens,
- or by civil incapacitations, tend to beget habits of hypoc-
- risy and meanness; and whereas a principal object of our
- venerable ancestors, in the migration to this country and
- their settlement of this state, was, as they expressed it,
- to hold forth a lively experiment that a flourishing civil
- state may stand and be best maintained with the full liberty
- in religious concernments: We, therefore, declare that no
- man shall be compelled to frequent or to support any relig-
- ious worship, place, or ministry whatever, except in ful-
- fillment of his own voluntary contract; nor enforced, re-
- strained, molested, or burdened in his body or goods; nor
- disqualified from holding any office; nor otherwise suffer
- on account of his religious belief; and that every man shall
- be free to worship God according to the dictates of his own
- conscience, and to profess and by argument to maintain his
- opinion in matters of religion; and that the same shall in
- no wise diminish, enlarge, or effect his civil capacity.
-
- Sec. 4. Slavery shall not be permitted in this state.
-
- Sec. 5. Every person within this state ought to find certain remedy,
- by having recourse to the laws, for all injuries or wrongs
- which he may receive in his person, property, or character.
- He ought to obtain right and justice freely and without pur-
- chase, completely and without denial; promptly and without
- delay; conformably to the laws.
-
- Sec. 6. The right of the people to be secure in their persons, pa-
- pers and possessions, against unreasonable searches and
- seizures, shall not be violated. and no warrant shall issue,
- but on complaint in writing, upon probable cause, supported
- by oath or affirmation, and describing as nearly as may be,
- the place to be searched, and the persons or things to be
- seized.
-
- Sec. 7. No person shall be held to answer for a capital or other
- infamous crime, unless on presentment or indictment by a
- grand jury, except in cases of impeachment, or of such
- offenses as are cognizable by a justice of the peace; or in
- cases arising in the land or naval forces, or in the militia
- when in actual service in time of war or public danger. No
- person shall, after an acquittal, be tried for the same
- offence.
-
- Sec. 8. Excessive bail shall not be required, nor excessive fines
- imposed, nor cruel punishments inflicted; and all punish-
- ments ought to be proportioned to the offence.
-
- Sec. 9. All persons imprisoned ought to be bailed by sufficient
- surety, unless for offenses punishable by death or by im-
- prisonment for life, when the proof of guilt is evident or
- the presumption great. The privilege of the writ of habeas
- corpus shall not be suspended, unless when in cases of
- rebellion or invasion the public safety shall require it;
- nor ever without the authority of the General Assembly.
-
- Sec. 10 In all criminal prosecutions, the accused shall enjoy the
- right to a speedy and public trial, by an impartial jury; to
- be informed of the nature and cause of the accusation, to be
- confronted with the witnesses against him, to have compul-
- sory process for obtaining them in his favor, to have the
- assistance of counsel in his defence, and shall be at lib-
- erty to speak for himself; nor shall he be deprived of life,
- liberty, or property, unless by the judgement of his peers,
- or the law of the land.
-
- Sec. 11. The person of a debtor, when there is not strong presumption
- of fraud, ought not to be continued in prison, after he
- shall have delivered up his property for the benefit of his
- creditors, in such manner as shall be prescribed by law.
-
- Sec. 12. No ex post facto law, or law impairing the obligation of
- contracts shall be passed.
-
- Sec. 13. No man in a court of common law shall be compelled to give
- evidence criminating himself.
-
- Sec. 14. Every man being presumed innocent, until he is pronounced
- guilty by the law, no act of severity which is not necessary
- to secure an accused person shall be permitted.
-
- Sec. 15. The right of trial by jury shall remain inviolate.
-
- Sec. 16. Private property shall not be taken for public uses, without
- just compensation.
-
- Sec. 17. The people shall continue to enjoy and freely exercise all
- the rights of fishery, and the privileges of the shore, to
- which they have been heretofore entitled under the charter
- and usages of this state. But no new right is intended to
- be granted, nor any existing right impaired, by this
- declaration.
-
- Sec. 18. The military shall be held in strict subordination to the
- civil authority. And the law martial shall be used and
- exercised in such cases only as occasion shall necessarily
- require.
-
- Sec. 19. No soldier shall be quartered in any house, in time of
- peace, without the consent of the owner; nor, in time of
- war, but in a manner to be prescribed by law.
-
- Sec. 20. The liberty of the press being essential to the security of
- freedom in a state, any person may publish his sentiments on
- any subject, being responsible for the abuse of that liber-
- ty; and in all trials for libel, both civil and criminal,
- the truth, unless published from malicious motives, shall be
- sufficient defence to the person charged.
-
- Sec. 21. The citizens have a right in a peaceable manner to assemble
- for their common good, and to apply to those invested with
- the powers of government, for redress of grievances, or for
- other purposes, by petition, address, or remonstrance.
-
- Sec. 22. The right of the people to keep and bear arms shall not be
- infringed.
-
- Sec. 23. The enumeration of the foregoing rights shall not be con-
- strued to impair or deny others retained by the people.
-
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