CONSTITUTION OF THE STATE OF NEW YORK. Adopted November 3, 1846. 87 WE, the people of the state of New York, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this constitution. 16 J. R., 233; 17 J. R., 108, 195, 225; 19 J. R., 153; 20 J. R., 313; 7 J. ARTICLE I. SECTION 1. to be dis No member of this state shall be disfranchised or deprived of No person any of the rights or privileges secured to any citizen thereof, franchised. unless by the law of the land or the judgment of his peers. 1 Cow., 550; 6 H., 47; 3 D., 382; 4 D., 374; 15 W., 436; 20 W., 365 8 Cow., 543; 3 B., 196; 4 B., 64; 13 N. Y., 383; 14 N. Y., 423; SECTION 2. jury. The trial by jury, in all cases in which it has been hereto- Trial by fore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. 2 Cow., 815; 1 H., 355; 6 H., 75; 5 W., 251, 468; 8 W., 85; 10 W., 449; 3 liberty. The free exercise and enjoyment of religious profession and Religious worship, without discrimination or preference, shall forever Habeas corpus. Bail, fines, &c. Bill of rights. Private property and roads. be allowed, in this state, to all mankind: and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of this state. 18 J. R., 93; 2 Cow., 432. SECTION 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. SECTION 5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. 13 N. Y., 378. SECTION 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia, when in actual service; and the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace; and in cases of petit larceny, under the regulation of the legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 2 J. C. R., 162; 20 J. R., 103; 3 Pai., 45; 5 Pai., 137; 7 Pái., 598; 4 W., 9; 10 W., 449; 11 W., 148; 14 W., 54; 15 W.. 374, 451; 17 W., 649; 18 W., 9; 19 W., 654; 20 W., 365; 24 W., 65; 25 W., 462; 4 Cow., 195; 5 Cow., 346; 7 Cow., 585; 2 D., 272; 1 H., 324; 3 H., 567; 4 H., 140; 6 H., 47; 3 B., 275, 459; 4 B., 64, 295; 5 B., 474; 7 B., 297, 416, 508; 8 B., 358; 9 B., 449, 350; 14 B. 405; 15 B., 255, 627; 18 B., 619, 159; 19 B., 118, 166, 179; 21 B., 513; 24 B., 232, 658; 25 B., 9; 3 N. Y., 511; 4 N. Y., 195, 419; 5 N. Y., 285; 6 N. Y., 358, 522; 7 N. Y., 314; 8 N. Y., 241; 9 N. Y., 100; 11 N. Y., 308; 12 N. Y., 209, 486; 13 N. Y., 378, 143; 18 N. Y., 38, 199; 19 N. Y., 116; 25 N. Y., 416; 24 How. P. R., 369, 388. SECTION 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first |