The Laws of Texas, 1822-1897 Volume 5 Page: 4
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4
Constitution of the State of Texas.
worship. But it shall be the duty of the Legislature to pass such
laws as [may] shall be necessary to protect every religious denomination
in the peaceable enjoyment of their own mode of public
worship.
See. 5. Every citizen shall be at liberty to speak, write or publish
his opinions on any subject, being responsible for the abuse of
that privilege; and no law shall ever be passed curtailing the liberty
of speech or of the press.
Sec. 6. In prosecutions for the publication of papers investigating
the official conduct of officers, or men in a public capacity,
or when the matter published is proper for public information, the
truth thereof may be given in evidence. And in all indictments
for libels, the jury shall have the right to determine the law and
the facts, under the direction of the court, as in other cases.
Sec. 7. The people shall be secure in their [persons] houses,
papers and possessions, from all unreasonable seizures or
sea[r]ches; and no warrant to search any place, or to seize any person
or thing, shall issue, without describing them as near as may
be, nor without probable cause supported by oath or affirmation.
Sec. 8. In all criminal prosecutions, the accused shall have a
speedy public trial, by an impartial jury; he shall not be compelled
to give evidence against himself; he shall have the right of being
heard by himself or counsel, or both; shall be confronted with the
witnesses against him, and shall have compulsory process for obtaining
witnesses in his favor; and no person shall be holden to answer
for any criminal charge, but on indictment or information,
except in cases arising in the land or naval forces, or offences
against the laws regulating the militia.
Sec. 9. All prisoners shall be bailable by sufficient sureties, unless
for capital offences, when the proof is evident or the presumption
great; but this provision shall not be so construed as to prohibit
bail after indictment found, upon an examination of the evidence
by a Judge of the Supreme or District Court, upon the return
of the [a] writ of habeas corpus, returnable in the county
where the offence is committed.
Sec. 10. The privileges of the writ of habeas corpus shall not
be suspended, except when in case of rebellion or invasion the public
safety may require it.
Sec. 11. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel or unusual punishments inflicted. 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.
* The words, or letters enclosed in brackets, are found upon the
original roll in pencil, and may have been intended as corrections,
but by whom made does not appear.
(4)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 5, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6727/m1/20/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .