ty, or property, but by the judgment of his peers, or the law of the land.

9. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favour; and, in prosecutions by indictment, or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.

10. That no person shall, for the same offence, be twice put in jeopardy of his life or limb.

11. The laws made for the punishment of facts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government; wherefore, no ex post facto law shall be made.

12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof.

13. That no person arrested, or confined in gaol, shall be treated with unnecessary rigor.

14. That no freeman shall be put to answer any criminal charge, but by presentment, indictment, or impeachment.

15. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion, or invasion, the public safety may require it.

16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the state in such manner, and in such courts, as the legislature may by law direct, provided, the right of bringing suit be limited to the citizens of this state.

18. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

19. That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or of any branch or officer of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man,

and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But, in prosecutions for the publications of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

20. That no retrospective law, or law impairing the obligation of contracts, shall be made.

21. That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefor.

22. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address or remonstrance.

23. That perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed.

24. That the sure and certain defence of a free people is a well regulated militia: and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.

25. That no citizen of this state, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to corporeal punishment under the martial law.

26. That the freemen of this state have a right to keep and bear arms for their common defence.

27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law.

28. That no citizen of this state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.

29. That an equal participation of the free navigation of the Mississippi is one of the inherent rights of the citizens of this state; it cannot, therefore, be conceded to any prince, potentate, power, person, or persons whatever.

30. That no hereditary emoluments, privileges, or honours, shall ever be granted or conferred in this state.

31. That the people residing south of French Broad and Holston, between the rivers Tennessee and the Big Pigeon, are entitled to the right of pre-emption and occupancy in that tract.

32. That the limits and boundaries of this state be ascertain

ed, it is declared they are as hereafter mentioned, that is to say:-Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north-running thence, along the extreme height of the said mountain, to the place where Watauga river breaks through it; thence, a direct course, to the top of the Yellow Mountain, where Bright's Road crosses the same; thence, along the ridge of said mountain, between the waters of Doe river and the waters of Rock creek, to the place where the road crosses the Iron Mountain; from thence, along the extreme height of said mountain, to the place where Nolichuky river runs through the same; thence, to the top of the Bald mountain; thence, along the extreme height of said mountain, to the Painted Rock, on French Broad River; thence, along the highest ridge of said mountain, to the place where it is called the Great Iron or Smoky Mountain; thence, along the extreme height of said mountain, to the place where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota; hence, along the main ridge of the said mountain, to the southern boundary of this state, as described in the act of cession of North Carolina to the United States of America; and that all the territory, lands, and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the state of North Carolina, are within the boundaries and limits of this state, over which the people have the right of exercising sovereignty and the right of soil, so far as is consistent with the constitution of the United States, recognizing the articles of confederation, the bill of rights, and constitution of North Carolina, the cession act of the said state, and ordinance of the late congress, for the government of the territory north-west of the Ohio: Provided, nothing herein contained shall extend to affect the claim or claims of individuals, to any part of the soil which is recognized to them by the aforesaid cession act.

SCHEDULE.

§ 1. That no inconvenience may arise from a change of the temporary to a permanent state government, it is declared, that all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if no change had taken place in the administration of government.

2. All fines, penalties, and forfeitures, due and owing to the territory of the United States of America south of the river Ohio, shall inure to the use of the state. All bonds for performance, executed to the governor of the said territory, shall be and pass over to the governor of this state, and his successors in office, for the use of the state, or by him or them re

spectively to be assigned over to the use of those concerned, as the case may be.

3. The governor, secretary, judges, and brigadiers general, have a right, by virtue of their appointments, under the authority of the United States, to continue in the exercise of the duties of their respective offices, in their several departments, until the said officers are superseded under the authority of this constitution.

4. All officers, civil and military, who have been appointed by the governor, shall continue to exercise their respective offices until the second Monday in June, and until successors in office shall be appointed under the authority of this constitution, and duly qualified.

5. The governor shall make use of his private seal until a state seal shall be provided.

6. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the several counties shall be respectively entitled to elect one senator and two representatives: Provided, that no new county shall be entitled to separate representation, previous to taking the enumeration.

7. That the next election for representatives and other officers, to be held for the county of Tennessee, shall be held at the house of William Miles.

8. Until a land office shall be opened, so as to enable the citizens south of French Broad and Holston, between the rivers Tennessee and Big Pigeon, to obtain titles upon their claims of occupancy and pre-emption, those who hold land by virtue of such claims shall be eligible to serve in all capacities where a freehold is by this constitution made a requisite qualification. Done in convention, at Knoxville, by unanimous consent, on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety-six, and of the Independence of the United States of America the twentieth. In testimony whereof, we have hereunto subscribed our

Done in Convention, begun and held at Chilicothe, on Monday, the 1st of November, A. D. 1802, and of the independence of the United States the 27th.

WE, the people of the eastern division of the territory of the United States north-west of the river Ohio, having the right of admission into the general government, as a member of the Union, consistent with the constitution of the United States, the ordinance of congress of one thousand seven hundred and eighty-seven, and the law of congress, entitled "An act to enable the people of the eastern division of the territory of the United States, north-west of the river Ohio, to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and for other purposes;" in order to establish justice, promote the welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by the name of The State of Ohio.