


                   CONSTITUTION OF THE STATE OF MISSISSIPPI
                         (Adopted Nov. 1, A.D., 1890)

                                    PREAMBLE

          We,  the  people  of  Mississippi  in  convention assembled,
          grateful to Almighty God, and involving his blessing on  our
          work, do ordain and establish this Constitution.

                                    ARTICLE 3

                                  BILL OF RIGHTS

          [NOTE: There is no sections 1-4 of article 3]

Sec. 5.   All  political  power  in vested  in, and  derived from, the
          people; all government of right originates with the  people,
          is founded upon  their will only,  and is instituted  solely
          for the good of the whole.

Sec. 6.   The people of this state have the inherent, sole, and exclu-
          sive right  to regulate  the internal  government and police
          thereof, and  to alter  and abolish  their constitution  and
          form fo government whenever they deem it necessary to  their
          safety and happiness; Provided, such change be not repugnant
          to the constitution of the United States

Sec. 7.   The right to  withdraw from the Federal Union on account  of
          any real or  supposed grievance, shall  never be assumed  by
          this state, nor shall any law be passed in derogation of the
          paramount allegiance of  the citizens of  this state to  the
          government of the United States.

Sec. 8.   All persons  resident in this state, citizens of  the United
          States, are hereby declared citizens of the state of Missis-
          sippi.

Sec. 9.   The military  shall be in strict subordination to  the civil
          power.

Sec. 10.  Treason against the state shall consist only in levying  war
          against the same or in adhering to its enemies, giving  them
          aid and  comfort. No  person shall  be convicted  of treason
          unless on the testimony of  two witnesses to the same  overt
          act, or on confession in open court.

Sec. 11.  The right of  the people peaceably to assemble and  petition
          the government on any subject shall never be impaired.

Sec. 12.  The right of every citizen to keep and bear arms in  defense
          of his  home, person,  or property,  or in  aid of the civil
          power when thereto legally summoned, shall not be called  in
          question, but the legislature may regulate or forbid  carry-
          ing concealed weapons.

Sec. 13.  The freedom of speech and of the press shall be held sacred;
          and in all prosecutions for libel the truth may be given  in
          evidence, and the jury shall determine the law and the facts
          under the direction of the court; 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 party shall be acquitted.

Sec. 14.  No  person shall be deprived  of life, liberty, or  property
          except by due process of law.

Sec. 15.  There shall be neither slavery nor involuntary servitude  in
          this state, otherwise than as punishment for crime,  whereof
          the party shall have been duly convicted.

Sec. 16.  Ex post facto laws, or laws impairing the obligation of con- 
          tracts, shall not be passed.

Sec. 17.  Private  property shall not be  taken or damaged for  public
          use,  except  on  due  compensation  being first made to the
          owner or  owners thereof,  in a  manner to  be prescribed by
          law; and whenever an attempt  is made to take private  prop-
          erty for a  use alleged to  be public, the  question whether
          the contemplated use be public shall be a judicial question,
          and,  as  such,  determined  without  regard  to legislative
          assertion that the use is public.

Sec. 18.  No religious test  as  a qualification  for office shall  be
          required; and  no preference  shall be  given by  law to any
          religious sect or mode of worship; but the free enjoyment of
          all religious sentiments and the different modes of  worship
          shall be held sacred.   The rights hereby secured shall  not
          be construed to justify acts of licentiousness injurious  to
          morals or dangerous to the peace and safety of the state, or
          to exclude the Holy Bible  from use in any public  school of
          this state.

Sec. 19.  Human life shall  not be imperiled by the practice  of duel-
          ing; and any citizen of this state who shall hereafter fight
          a duel, or assist in the same as second, or send, accept, or
          knowingly carry a challenge therefor, whether such an act be
          done in the state, or out of it, or who shall go out of  the
          state to fight a duel, or  to assist in the same as  second,
          or to send, accept, or carry a challenge, shall be disquali-
          fied from  holding any  office under  this Constitution, and
          shall be disfranchised.

Sec. 20.  No  person shall be elected  or appointed to office  in this
          state for life or during good behavior, but the term of  all
          officers shall be for some specified period.

Sec. 21.  The privilege of the writ of habeas corpus shall not be sus-
          pended, unless when  in the case  of rebellion or  invasion,
          the  public  safety  may  require  it,  nor ever without the
          authority of the legislature.

Sec. 22.  No person's life or liberty shall be twice placed in jeopar-
          dy for the same offense; but there must be an actual acquit-
          tal or conviction on the merits to bar another prosecution.

Sec. 23.  The people  shall  be secure in  their persons, houses,  and
          possessions  from  unreasonable  seizure  or  search; and no
          warrant shall be issued without probable cause, supported by
          oath or affirmation, specially  designating the place to  be
          searched and the person or thing to be seized.

Sec. 24.  All courts  shall  be open; and  every person for  an injury
          done him in his  lands, goods, person, or  reputation, shall
          have remedy  by due  course of  law, and  right and  justice
          shall be administered without sale, denial, or delay.

Sec. 25.  No person  shall  be debarred from  prosecuting or defending
          any civil cause  for or against  him or herself,  before any
          tribunal in  the state,  by him  or herself,  or counsel, or
          both.

Sec. 26.  In all criminal prosecutions the accused shall have a  right
          to be heard  by himself or  counsel, or both,  to demand the
          nature and cause of the accusation, to be confronted by  the
          witnesses  against  him,  to  have  compulsory  process  for
          obtaining witnesses in his  favor, and, in all  prosecutions
          by indictment or information,  a speedy and public  trial by
          an  impartial  jury  of  the  county  where  the offense was
          committed; and he  shall not be  compelled to give  evidence
          against  himself;  but  in  prosecutions for rape, adultery,
          fornication, sodomy  or the  crime against  nature the court
          may,  in  its  discretion,  exclude  from  the courtroom all
          persons except such as are  necessary in the conduct of  the
          trial.

Sec. 27.  No person  shall  for any indictable  offense, be proceeding
          against criminally by  information, except in  cases arising
          in the land or naval forces, or the military when in  actual
          service, or by leave of the court for misdemeanor in office;
          but the legislature, in cases not punishable by death or  by
          imprisonment  in  the  penitentiary,  may  dispense with the
          inquest of  the grand  jury, and  may authorize prosecutions
          before justices of the  peace, or such other  inferior court
          or courts as may be established, and the proceedings in such
          cases shall be regulated by law.

Sec. 28.  Cruel or unusual punishment shall not be inflicted, nor  ex-
          cessive fines imposed.

Sec. 29.  Excessive bail shall not be required, and all persons shall,
          before conviction, be  bailable by sufficient  sureties, ex-
          cept for capital offenses when the proof is evident or  pre-
          sumption great.

Sec. 30.  There shall be no imprisonment for debt.

Sec. 31.  The right of  trial by jury shall remain inviolate,  but the
          legislature may,  by enactment,  provide that  in all  civil
          suits tried in the circuit and chancery court, nine or  more
          jurors may agree on the verdict and return it as the verdict
          of the jury.

Sec. 32.  The enumeration of rights in this constitution shall not  be
          construed to deny and impair others retained by, and  inher-
          ent in, the people.



