No person shall be imprisoned for the purpose of securing his testimony in any criminal proceeding longer than may be necessary in order to take his deposition. If he can give security for his appearance at the time of trial he shall be discharged upon giving the same; if he cannot give security, his deposition shall be taken in the manner prescribed by law, and in the presence of the accused and his counsel, or without their presence, if they shall fail to attend the examination after reasonable notice of the time and place thereof. Any deposition authorized by this section may be received as evidence on the trial, if the witness shall be dead or absent from the State. 19. III. All persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great. Sec. Art. punishments be inflicted; nor shall witnesses be unreasonably detained. All penalties ought to be proportioned to the nature of the offense. No wise Legislature will affix the same punishment to the crimes of theft, forgery, and the like, which they do to those of murder and treason. Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves and to commit the most flagrant with as little compunction as they do the greatest offenses. For the same reason, a multitude of sanguinary laws is both impolitic and unjust, the true design of all punishments being to reform, not to exterminate, mankind. Grand Jury-Bill of Rights. GRAND JURY — BILL OF RIGHTS. I Sec. 6. No person shall be held to answer for a capital 2 or otherwise infamous crime (except in cases of impeachment, 3 and in cases of militia when in actual service, and the land and 4 naval forces in time of war, or which this State may keep with 5 the consent of Congress in time of peace, and in cases of petit 6 larceny, under the regulation of the Legislature, unless on 7 presentment or indictment of a grand jury, and in any trial 8 in any court whatever the party accused shall be allowed to 9 appear and defend in person and with counsel as in civil ΙΟ actions. No person shall be subject to be twice put in jeop11 ardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived 13 of life, liberty or property without due process of law; nor 14 shall private property be taken for public use, without just 12 |