


                                  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


