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L 8498

NOV 2 1933

THE

AMENDED CONSTITUTION

OF THE

STATE OF DELAWARE.

WE, the People, hereby ordain and establish this Constitution of

Government for the State of Delaware. THROUGH Divine goodness all inen. have, by nature, the rights Essential of worshipping and serving their Creator according to the dictates rights. of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of attaining objects sui able to their condition, without injury by one to another: and as these rights are essential to their welfare, for the due exercise thereof power is inherent in them; and therefore all just authority in the institutions of political society is de- Political rived from the People, and established with their consent; të ad-power. vance their happiness: And they may, for this end, as circumstance's require, from time to time alter their Constitution of Government.

ARTICLE I.

Section 1. Although it is the duty of all men frequently to as- Reserved semble together for the public worship of the Author of the uni- rights. verse, and piety and morality on which the prosperity of communities depends, are thereby promoted; yet no man shall, or ought to Religious libe be compelled to attend any religious worship, to contribute to the erty. erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent: and no power shall or ought to be vested in or assumed by any magistrate, that shall in any case interfere with, or in any manner control, the rights of conscience, in the free exercise of religious worship: nor shall a preference be given by law to any religious societies, denominations, or modes of worship.

Sec. 2. No religious test shall be required as a qualification to any office, or public trust, under this State. Sec. 3. All elections shall be free and equal.

Elections. Sec. 4. Trial by Jury shall be as heretofore.

Jury trial

The press.

Sec. 5. The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity: and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence: and in all indictments for libels the jury may determine

the facts and the law, as in other cases. Warrants of

Sec. 6. The people shall be secure in their persons, houses, pasearch or ar. rest.

pers and possessions, from unreasonable searches and seizures: and no warrant to search any place, or to seize any person or things, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirma

tion. Rights of ac- Sec. 7. In all criminal prosecutions, the accused hath a right to cused.

be heard by himself and his counsel, to be plainly and fully informed of the nature and cause of the accusation against him, to meet the witnesses in their examination face ie face, to have compulsory process in due time, on application by himself, his friends or counsel, for obtaining witnesses in.his favor, and a speedy and public trial by an impartial jury: he shall not be compelled to give evidence against himself

: nor shall be be deprived of life, liberty or property, unless by the judgmeiat of his peers or the law of the land.

Sec. 8. No person shall for any indictable offence be proceeded against crinijially by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time

of 'war or public danger: and no person shall be for the same of 'fence twice put in jeopardy of life or limb; nor shall any man's property be taken or applied to public use without the consent of

his representatives, and without compensation being made. Administra. Sec. 9. All courts shall be open: and every man for an injury tion of jus. done him in his reputation, person, moveable, or immoveable pos

sessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense: and every action shall be tried in the county in which it shall be commenced, unless when the judges of the court in which the cause

is to be tried, shall determine that an impartial trial therefor cannot Suits against be had in that county. Suits may be brought against the State, the State.

according to such regulations as shall be made by law. Suspending Sec. 10. No power of suspending laws shall be exercised, but laws.

by authority of the Legislature. Bail, punish- Sec. 11. Excessive bail shall not be required, nor excessive fines Inents.

imposed, nor cruel punishments inflicted: and in the construction Gaois.

of gaols, a proper regard shall be had to the health of prisoners. Privileges of Sec. 12. All prisoners shall be bailable by sufficient sureties, unprisoners. less for capital offences when the proof is positive or the presump

tion great: and when persons are confined on accusation for such offences, their friends and counsel may at proper seasons have access to them.

Sec. 13. The privilege of the writ of Habeas Corpus shall not be Habeas cor. suspended, unless when in cases of rebellion, or invasion, the public pus. safety may require it.

Sec. 14. No commission of Oyer and Terminer or gaol delivery Oyer and shall be issued.

Terminer. Sec. 15. No attainder shall work corruption of blood, nor except Attainder, during the life of the offender, forfeiture of estate. The estates of suicide,

deodand. those who destroy their own lives, shall descend or vest as in case of natural death: and if any person be killed by accident, no forfeiture shall be thereby incurred.

Sec. 16. Although disobedience to laws by a part of the people, Right to peupon suggestions of impolicy or injustice in them, tends by imme-tition. diate effect and the influence of example, not only to endanger the public welfare and safety, but also in governments of a republican form, contravenes the social principles of such governments founded on common consent for common good; yet the citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for redress of grievances or other proper purposes, by petition, remonstrance or address.

Sec. 17. No standing army shall be kept up without the consent Military. of the Legislature: and the military shall, in all cases and at all times, be in strict subordination to ihe civil power.

Sec. 18. No soldier shall in time of peace be quartered in any Quartering house without the consent of the owner; nor in time of war, but by

soldiers. a civil magistrate, in a manner to be prescribed by law.

Sec. 19. No hereditary distinction shall be granted, nor any Titles and office created or exercised, the appointment to which shall be for offices. a longer term than during good behavior; and no person holding any office under this State, shall accept of any office or title of any kind whatever, from any king, prince, or foreign state. WE DECLARE THAT EVERY THING IN THIS ARTICLE Reservation.

IS RESERVED OUT OF THE GENERAL POWERS OF
GOVERNMENT HEREINAFTER MENTIONED.

ARTICLE II.

Sec. 1. The legislative power of this State shall be vested in a Legislature. General Assembly, which shall consist of a Senate and House of General As. Representatives.

sembly. Sec. 2. The Representatives shall be chosen for two years, by Representathe citizens residing in the several counties.

tives.

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