


                               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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