;[41] and all the
inhabitants of this commonwealth, having such qualifications as they
shall establish by their frame of government, have an equal right to
elect officers, and to be elected, for public employments.
NEW HAMPSHIRE, XII. Nor are the inhabitants of this State controllable
by any other laws than those to which they or their representative body
have given their consent.
7. _Nul homme ne peut etre accuse, arrete, ni detenu que dans les cas
determines par la loi et selon les formes qu'elle a prescrites. Ceux qui
sollicitent, expedient, executent ou font executer des ordres
arbitraires, doivent etre punis; mais tout citoyen appele ou saisi en
vertu de la loi doit obeir a l'instant; il se rend coupable par sa
resistance._
MASSACHUSETTS, XII. No subject shall be held to answer for any crimes
or no offence until the same is fully and plainly, substantially and
formally, described to him; or be compelled to accuse, or furnish
evidence against himself; and every subject shall have a right to
produce all proofs that may be favorable to him; to meet the witnesses
against him face to face, and to be fully heard in his defence by
himself, or his counsel at his election. And no subject shall be
arrested, imprisoned, despoiled, or deprived of his property,
immunities, or privileges, put out of the protection of the law, exiled
or deprived of his life, liberty, or estate, but by the judgment of his
peers, or the law of the land.[42]
VIRGINIA, X. That general warrants, whereby an officer or messenger may
be commanded to search suspected places without evidence of a fact
committed, or to seize any person or persons not named, or whose offence
is not particularly described and supported by evidence, are grievous
and oppressive, and ought not to be granted.
8. _La loi ne doit etablir que des peines strictement necessaires et nul
ne peut etre puni qu'en vertu d'une loi etablie et promulguee
anterieurement au delit et legalement appliquee._
NEW HAMPSHIRE, XVIII. All penalties ought to be proportioned to the
nature of the offence.[43]
MARYLAND, XIV. That sanguinary laws ought to be avoided, as far as is
consistent with the safety of the State; and no law, to inflict cruel
and unusual pains and penalties, ought to be made in any case, or at any
time hereafter.[44]
MARYLAND, XV. That retrospective laws, punishing facts committed before
the existence of such laws, and by them only declared criminal, are
oppress
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