CONSTITUTION OF THE STATE OF MISSISSIPPI

(Adopted Nov. 1, A.D.,1890)

PREAMBLE

We, the people of Mississippi in convention assembled, grateful to Almighty God, and involving his blessing on our work, do ordain and establish this Constitution.

ARTICLE 3

BILL OF RIGHTS

[NOTE: There is no sections 1-4 of article 3]

Sec. 5. All political power invested in, and derived from, the people; all government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.

Sec. 6. The people of this state have the inherent, sole, and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form fo government whenever they deem it necessary to their safety and happiness; Provided, such change be not repugnant to the constitution of the United States.

Sec. 7. The right to withdraw from the Federal Union on account of any real or supposed grievance, shall never be assumed by this state, nor shall any law be passed in derogation of the paramount allegiance of the citizens of this state to th e government of the United States.

Sec. 8. All persons resident in this state, citizens of the United States, are hereby declared citizens of the state of Mississippi.

Sec. 9. The military shall be in strict subordination to the civil power.

Sec. 10. Treason against the state shall consist only in levying war against the same or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same ove rt act, or on confession in open court.

Sec. 11. The right of the people peaceably to assemble and petition the government on any subject shall never be impaired.

Sec. 12. The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid car rying concealed weapons.

Sec. 13. The freedom of speech and of the press shall be held sacred; and in all prosecutions for libel the truth may be given in evidence, and the jury shall determine the law and the facts under the direction of the court; and if it shall a ppear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted.

Sec. 14. No person shall be deprived of life, liberty, or property except by due process of law.

Sec. 15. There shall be neither slavery nor involuntary servitude in this state, otherwise than as punishment for crime, whereof the party shall have been duly convicted.

Sec. 16. Ex post facto laws, or laws impairing the obligation of contracts, shall not be passed.

Sec. 17. Private property shall not be taken or damaged for public use, except on due compensation being first made to the owner or owners thereof, in a manner to be prescribed by law; and whenever an attempt is made to take private propert y for a use alleged to be public, the question whether the contemplated use be public shall be a judicial question, and, as such, determined without regard to legislative assertion that the use is public.

Sec. 18. No religious test as a qualification for office shall be required; and no preference shall be given by law to any religious sect or mode of worship; but the free enjoyment of all religious sentiments and the different modes of worshi p shall be held sacred. The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and safety of the state, or to exclude the Holy Bible from use in any public school of this state.

Sec. 19. Human life shall not be imperiled by the practice of dueling; and any citizen of this state who shall hereafter fight a duel, or assist in the same as second, or send, accept, o knowingly carry a challenge therefor, whether such an a ct be done in the state, or out of it, or who shall go out of the state to fight a duel, or to assist in the same as second, or to send, accept, or carry a challenge, shall be disqualified from holding any office under this Constitution, and shall be disf ranchised.

Sec. 20. No person shall be elected or appointed to office in this state for life or during good behavior, but the term of all officers shall be for some specified period.

Sec. 21. The privilege of the writ of habeas corpus shall not be suspended, unless when in the case of rebellion or invasion, the public safety may require it, nor ever without the authority of the legislature.

Sec. 22. No person's life or liberty shall be twice placed in jeopardy for the same offense; but there must be an actual acquittal or conviction on the merits to bar another prosecution.

Sec. 23. The people shall be secure in their persons, houses, and possessions from unreasonable seizure or search; and no warrant shall be issued without probable cause, supported by oath or affirmation, specially designating the place to b e searched and the person or thing to be seized.

Sec. 24. All courts shall be open; and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice shall be administered without sale, denial, or delay.

Sec. 25. No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both.

Sec. 26. In all criminal prosecutions the accused shall have a right to be heard by himself or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offense was committed; and he shall not be compelled to give evidence against himself; but in prosecutions for rape, adultery, fornication,sodomy or the crime against nature the court may, in its discretion, exclude from the courtroom all persons except such as are necessary in the conduct of the trial.

Sec. 27. No person shall for any indictable offense, be proceeding against criminally by information, except in cases arising in the land or naval forces, or the military when in actual service, or by leave of the court for misdemeanor in off ice; but the legislature, in cases not punishable by death or by imprisonment in the penitentiary, may dispense with the inquest of the grand jury, and may authorize prosecutions before justices of the peace, or such other inferior court or courts as may be established, and the proceedings in such cases shall be regulated by law.

Sec. 28. Cruel or unusual punishment shall not be inflicted, nor excessive fines imposed.

Sec. 29. Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or presumption great.

Sec. 30. There shall be no imprisonment for debt.

Sec. 31. The right of trial by jury shall remain inviolate, but the legislature may, by enactment, provide that in all civil suits tried in the circuit and chancery court, nine or more jurors may agree on the verdict and return it as the verd ict of the jury.

Sec. 32. The enumeration of rights in this constitution shall not be construed to deny and impair others retained by, and inherent in, the people.