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-
-
-
- CONSTITUTION
- OF THE
- STATE OF WEST VIRGINIA
-
- ARTICLE III
-
- BILL OF RIGHTS
-
- Sec. 1. All men are, by nature, equally free and independent, and
- have certain inherent rights, or which, when they enter into
- a state of society, they cannot, by any compact, deprive or
- divest their posterity, namely: The enjoyment of life and
- liberty, with the means of acquiring and possessing proper-
- ty, and of pursuing and obtaining happiness and safety.
-
- Sec. 2. All power is vested in, and consequently derived from, the
- people. Magistrates are their trustees and servants, and at
- all times amenable to them.
-
- Sec. 3. Government is instituted for the common benefit, protection
- and security of the people, nation or community. Of all its
- various forms that is the best, which is capable of produ-
- cing the greatest degree of happiness and safety, and is
- most effectually secured against the danger of maladminis-
- tration; and when any government shall be found inadequate
- or contrary to these purposes, a majority of the community
- has an indubitable, inalienable, and indefeasible right to
- reform, alter or abolish it in such manner as shall be
- judged most conducive to the public weal.
-
- Sec. 4. The privilege of the writ of habeas corpus shall not be
- suspended. No person shall be held to answer for treason,
- felony or other crime, not cognizable by a justice, unless
- on presentment or indictment of a grand jury. No bill of
- attainder, ex post facto law, or law impairing the obliga-
- tion of a contract, shall be passed.
-
- Sec. 5. Excessive bail shall not be required, nor excessive fines
- imposed, nor cruel and unusual punishment inflicted. Penal-
- ties shall be proportioned to the character and degree of
- the offence. No person shall be transported out of, or
- forced to leave the State for any offence committed within
- the same; nor shall any person, in any criminal case, be
- compelled to be a witness against himself, or be twice put
- in jeopardy of life or liberty for the same offence.
-
- Sec. 6. The rights of the citizens to be secure in their houses,
- persons, papers and effects, against unreasonable searches
- and seizures, shall not be violated. No warrants shall is-
- sue except upon probable cause, supported by oath or affirm-
- ation, particularly describing the place to be searched, or
- the person or thing to be seized.
-
- Sec. 7. No law abridging the freedom of speech, or of the press,
- shall be passed; but the legislature may by suitable penal-
- ties, restrain the publication or sale of obscene books, pa-
- pers, or pictures, and provide for the punishment of libel,
- and defamation of character, and for the recovery, in civil
- actions, by the aggrieved party, of suitable damages for
- such libel, or defamation.
-
- Sec. 8. In prosecutions and civil suits for libel, the truth may be
- given in evidence; and if it shall appear to the jury, that
- the matter charged as libelous is true, and was published
- with good motives, and for justifiable ends, the verdict
- shall be for the defendant.
-
- Sec. 9. Private property shall not be taken or damaged for public
- use, without just compensation; nor shall the same be taken
- by any company, incorporated for the purposes of internal
- improvement, until just compensation shall have been paid,
- or secured to be paid, to the owner; and when private prop-
- erty shall be taken, or damaged, for public use, or for the
- use of such corporation, the compensation to the owner shall
- be ascertained in such manner, as may be prescribed by gen-
- eral law; provided, that when required by either of the par-
- ties, such compensation shall be ascertained by an impartial
- jury of twelve freeholders.
-
- Sec. 10. No person shall be deprived of life, liberty, or property,
- without due process of law, and the judgement of his peers.
-
- Sec. 11. Political tests, requiring persons, as a prerequisite to the
- enjoyment of their civil and political rights, to purge
- themselves by their own oaths, of past alleged offences,
- are repugnant to the principles of free government, and are
- cruel and oppressive. No religious or Political test oath
- shall be required as a prerequisite or qualification to
- vote, serve as a juror, sue, plead, appeal, or pursue any
- profession or employment. Nor shall any person be deprived
- by law, of any right, or privilege, because of any act done
- prior to the passage of such law.
-
- Sec. 12. Standing armies, in time of peace, should be avoided as
- dangerous to liberty. The military shall be subordinate to
- the civil power; and no citizen, unless engaged in the mili-
- tary service of the State, shall be tried or punished by any
- military court, for any offence that is cognizable by the
- civil courts of the State. 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 to be pre-
- scribed by law.
-
- Sec. 13. In suits at common law, where the value in controversy ex-
- ceeds twenty dollars exclusive of interest and costs, the
- right of trial by jury, if required by either party, shall
- be preserved; and in such suit before a judge a jury may
- consist of six persons. No fact tried by a jury shall be
- otherwise re-examined in any case than according to the
- rules of the common law.
-
- Sec. 14. Trials of crimes, and misdemeanors, unless herein otherwise
- provided, shall be by a jury of twelve men, public, without
- unreasonable delay, and in the county where the alleged of-
- fence was committed, unless upon petition of the accused,
- and for good cause shown, it is removed to some other coun-
- ty. In all such trials, the accused shall be fully and
- plainly informed of the character and cause of the accusa-
- tion, and be confronted with the witnesses against him, and
- shall have the assistance of counsel, and a reasonable time
- to prepare for his defence; and there shall be awarded to
- him compulsory process for obtaining witnesses in his favor.
-
- Sec. 15. No man shall be compelled to frequent or support any relig-
- ious worship, place or ministry whatsoever; nor shall any
- man be enforced, restrained, molested or burthened, in his
- body or goods, or otherwise suffer, on account of his relig-
- ious opinions or belief, but all men shall be free to pro-
- fess, and by argument, to maintain their opinions in matters
- of religion; and the same shall, in no wise, affect, dimin-
- ish or enlarge their civil capacities; and the Legislature
- shall not prescribe any religious test whatever, or confer
- any peculiar privileges or advantages on any sect or deno-
- mination, or pass any law requiring or authorizing any re-
- ligious society, or the people of any district within this
- State, to levy on themselves, or others, any tax for the
- erection or repair of any house for public worship, or for
- the support of any church or ministry, but it shall be left
- free for every person to select his religious instructor,
- and to make for his support, such private contract as he
- shall please.
-
- Sec. 16. The right of the people to assemble in a peaceable manner,
- to consult for the common good, to instruct their repre-
- sentatives, or to apply for redress of grievances, shall be
- held inviolate.
-
- Sec. 17. The courts of this State shall be open, and every person,
- for an injury done to him, in his person, property or repu-
- tation, shall have remedy by due course of law; and justice
- shall be *administered without sale denial or delay.
-
- Sec. 18. No conviction shall work corruption of blood or forfeiture
- of estate.
-
- Sec. 19. No hereditary emoluments, honors or privileges shall ever be
- granted or conferred in this State.
-
- Sec. 20. Free government and the blessings of liberty can be preser-
- ved to any people only by a firm adherence to justice, mod-
- eration, temperance, frugality and virtue, and by a frequent
- recurrence to fundamental principles.
-
- Sec. 21. Regardless of sex, all persons, who are otherwise qualified,
- shall be eligible to serve as petit jurors, in both civil
- and criminal cases, as grand jurors and as coroner's jurors.
-
- Note: This document may be incomplete
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