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  1. Overview: Wyoming State Constitutional Convention 1889
  2. Full Record: Wyoming State Constitutional Convention 1889
  3. Committee:Committee of the Whole
  4. Session: 1889-09-25 00:00:00
  5. Event type: CREATE

Wyoming State Constitutional Convention 1889

The Wyoming Constitution Convention began September 2, 1889 without the authorization from an enabling act. The articles were individually voted on, creating the final Constitution of Wyoming on September 30, 1889. It was later ratified on November 5, 1889.

Committee of the Whole

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Document introduced in:

Session 6527: 1889-09-25 00:00:00

The committee further considered the article on Revenue and Taxation. The Preamble was then taken up for consideration.

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Preamble [File No. 88, Committee of the Whole]

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Preamble

We, the People of the State of Wyoming, grateful to God for our civil, political and religiose liberties, and desiring to secure them to ourselves and to perpetuate them to our posterity do ordain and establish this Constitution.

Declaration of Rights

Section 1. All power is inherit in the people and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.

Section 2. In their inherent right to life, liberty and pursuit of happiness, all members of the human race are equal.

Section 3. Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this State affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstances or condition whatsoever other than individual incompetency or unworthiness, duly ascertained by a court of competent jurisdiction.

Section 4. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable, cause, supported by affidavit, particularly describing the place to be searched and the person or thing to be seized.

Section 5. No person shall be imprisoned for debt.

Section 6. No person shall be taken or imprisoned, or disseized of his freeholds, liberties or privileges, or outlawed, or exiled, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.

Section 7. Absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

Section 8. All courts shall be open and every person for an injury done to person, reputation or property shall have 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.

Section 9. The right of trial by jury shall remain inviolate in criminal cases, but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter a grand jury shall consist of twelve men, any nine of whom concurring may find an indictment, but the legislature may change, regulate or abolish the grand jury system.

Section 10. In all criminal prosecutions the accused shall have the right to defend in person and by counsel, to demand the nature and causes of the accusation, to have a copy thereof, to meet the witnesses opposed face to face, to have compulsory processes served for obtaining necessary witnesses, and to a speedy trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

Section 11. No person shall be compelled to testify against himself in any criminal case, nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be arrested after verdict, or if the judgment be reversed for error in law, the accused shall be deemed to have been in jeopardy.

Section 12. No person shall be detained as a witness in any criminal prosecution longer than may be necessary to take his testimony or deposition, nor be confined in any room where criminals are imprisoned.

Section 13. Until otherwise provided by law, no person shall for a felony, proceeded against criminally, otherwise than indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in the time of war or public danger.

Section 14. All persons shall be dialable by sufficient sureties, except for capital offences when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishment be inflicted.

Section 15. The penal code shall be framed on the humane principles of reformation and prevention.

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