ARTICLE XII. ing president and The electors shall meet in their respective states, and vote by Manner of choosballot for president and vice-president, one of whom, at least, shall vice-president. not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president; and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person, having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death, or other constitutional disability, of the president. The person, having the greatest number of votes as vice-president, Same subject. shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president: a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person, constitutionally ineligible to the office of president, Same subject. shall be eligible to that of vice-president of the United States. THE HARVARD LAW SCHOOL LIBRARY. CONSTITUTION OF CONNECTICUT. PREAMBLE. THE people of Connecticut, acknowledging, with gratitude, the Preamble. good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure and perpetuate the liberties, rights, and privileges, which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following Constitution,* and form of civil government. ARTICLE I. DECLARATION OF RIGHTS. That the great and essential principles of liberty and free government may be recognized and established, Tite Declare: rights. SECTION 1. That all men, when they form a social compact, are Equality of equal in rights; and that no man, or set of men, are entitled to exclusive public emoluments, or privileges, from the community.t SECT. 2. That all political power is inherent in the people, and Source of politiall free governments are founded on their authority, and instituted for their benefit; and that they have, at all times, an undeniable and form of governindefeasible right to alter their form of government, in such a manner as they may think expedient. cal power. Right to alter ment. liberty. SECT. 3. The exercise and enjoyment of religious profession and Right of religious worship, without discrimination, shall forever be free to all persons *Constitution a limitation, not a grant of power. Starr v. Pease, 8 C. R. 541; Pratt . Allen, 13 C. R. 119. + An amendment to a charter, restraining all others except such as thereafter might be invested by the general assembly with power to lay down gas pipes, &c., so far as it is a restriction upon the free manufacture and sale of gas, is a monopoly, and therefore unconstitutional. Norwich Gas Light Co. v. Norwich City Gas Co., 25 C. R. 19. No preference in religion. Liberty of specch in this state; provided, that the right, hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state. SECT. 4. No preference shall be given by law to any Christian sect or mode of worship. SECT. 5. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty. SECT. 6. No law shall ever be passed to curtail or restrain the and of the press. liberty of speech or of the press.* The truth may be given in evidence SECT. 7. In all prosecutions or indictments for libels, the truth in prosecutions may be given in evidence; and the jury shall have the right to determine the law and the facts, under the direction of the court. for libel, &c. Security from searches and seizures. Rights of the aceused in criminal prosecutions. SECT. 8. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation.t SECT. 9. In all criminal prosecutions, the accused shall have a right to be heard by himself, and by counsel; to demand the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty, or property,‡ but by due course of law. And no person shall be holden to answer for any crime, the punishment of which may be death or imprisonment for life, unless on a presentment or an indictment of a grand Presentment of a jury;§ except in the land or naval forces, or in the militia, when in necessary. actual service, in time of war, or public danger. grand jury, when' Security from arrest, &c. Right of private property. SECT. 10. No person shall be arrested, detained, or punished, except in cases clearly warranted by law. SECT. 11. The property of no person shall be taken for public use, without just compensation therefor.|| * Act prohibiting publishing proposals for selling lottery tickets, not unconstitutional, as an infringement of the liberty of the press. State v. Sykes, 23 C. R. 225. + Applicable to search warrants only. Hyde v. Hyde, 4 C. R. 117. Form of oath prescribed by act of 1854, for the suppression of intemperance, for a warrant to seize liquors, sufficient. Lowrey v. Gridley, 30 C. R. 450. Statute impairing the rights of a person not a party to the proceeding, void. Berlin v. New Britain, 9 C. R. 175. § For common law offenses, presentment by grand jury unnecessary. State v. Danforth, 3 C. R. 112. Accused has no right to be present at inquest of grand jury. State v. Wolcott, 21 C. R. 272. | Act of 1838, confirming subscription of stock by the city of Bridgeport, valid. City of Bridgeport v. H. R. R. Company, 15 C. R. 475. for injuries. SECT. 12. All courts shall be open, and every person, for an in- Right of redress jury done him in his person, property, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay. &c. SECT. 13. Excessive bail shall not be required, nor excessive fines Excessive bail, imposed. bailable. Writ of habeas SECT. 14. All prisoners shall, before conviction, be bailable, by What cases are sufficient sureties, except for capital offenses where the proof is evident, or the presumption great; and the privileges of the writ of habeas corpus shall not be suspended, unless when in case of rebel- corpus. lion or invasion, the public safety may require it; nor in any case but by the legislature. SECT. 15. No person shall be attainted of treason or felony by No attainder, &c. the legislature. SECT. 16. The citizens have a right, in a peaceable manner, to Right to assem ble, and to petiassemble for their common good, and to apply to those invested with tion. the powers of government, for redress of grievances, or other proper purposes, by petition, address, or remonstrance. SECT. 17. Every citizen has a right to bear arms in defense of Right to bear himself and the state. arms. subordinate to civil. SECT. 18. The military shall, in all cases, and at all times, be in Military power strict subordination to the civil power. SECT. 19. No soldier shall, in time of peace, be quartered in any Quartering of house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. soldiers. emoluments. SECT. 20. No hereditary emoluments, privileges, or honors, shall No hereditary ever be granted, or conferred, in this state. SECT. 21. The right of trial by jury shall remain inviolate.* The injuries resulting from improvements of navigable rivers, not a violation of this section. Hollister . Union Company, 9 C. R. 436. See Hooker v. N. H. & N. Co., 14 C. R. 146. Land taken for railroad is deemed taken for public use. Bradley v. N. Y. &N. H. Railroad Co., 21 C. R. 294. This section does not require compensation for consequential damage, where property of party injured has not been taken. Clarke v. Saybrook, 21 C. R. 313. This section has reference to property taken by right of eminent domain, and nɔt to the collection of taxes. Nichols v. Bridgeport, 23 C. R. 189. Under this section, towns cannot pass by-laws giving libery to inhabitants to depasttre cattle on highway. Woodruff v. Neal, 28 C. R. 165. * The act of 1821, enlarging the jurisdiction of justices of the peace, not unconstitutional. Beers v. Beers, 4 C. R. 535. The charters of cities requiring jurors to be selected from the freemen of the cities, not unconstitutional. Colt . Eves, 12 C. R. 248. Statute exempting military officers from civil suits, not unconstitutional. Merriman . Bryant, 14 C. R. 200. This section does not embrace trials before justices of the peace. Waldo v. Spencer, 4 C. R. 71; Goddard v. State, 12 C. R. 448. Act of 1852, authorizing courts to grant non-suits, not unconstitutional. Naugatuck Trial by jury. |