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DE LA W A Ř E.

A DECLARATION of RIGHTS and Fundamental " Rules of the Delaware State, formerly flilei, The Government

of the Counties of Newcastle, Kent, and Sussex, upon

Delaware. I. THAT all government of right originates from the people,

id is founded in compact oily, and instituted solely for the good of the whole. ..

2. That all men have a natural and unalienable right to worThip Almighty God according to the dictates of their own consciences and understandings; and that no man ought, or of right can be compelled to attend any religious.worihip, or maintain any ministry, contrary to or against his own free will and consent, and that no authority can or ought to be vested in, or afa sumed by any power whatever, that shall in any case interfere with, or in any manner controul the right of conscience, in the free exercise of religious worship.

3. That all persons profefling the christian religion, ought for ever to enjoy equal rights and privileges in this state, unless under colour of religion any man disturb the peace, the happiness, or safety of society. . 4. That the people of this state have the sole, exclusive, and inherent right of governing and regulating the internal police of the same. . .

5. That persons intrusted with the legislative and executive powers are the trustees and servants of the public, and as such accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifestly endangered by the legislative fingly, or a treacherous combination of both, the people may, and of right ought to establish a new, or reform the old government.

6. That the right in the people to participate in the legislature, is the foundation of liberty and of all free government, and for this end all elections ought to be free and frequent, and every freeman having fufficient evidence of a permanent common interest with, and attachment to the community, hath a right of fuffrage.

7. That no power of suspending laws, or the execution of laws, ought to be exercised unleis by the legislature.

8. That for redress of grievances, and for amending and strengthening of the laws, the legislature ought to be frequently convened.

9. That every man hath a right to petition the legislature for the redress of grievances, in a peaceable and orderly manner.

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10. That every member of society hath a right to be prote{ted in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto; but no part of a man's property can be justly taken from him, or applied to public uses without his own consent, or that of his legal representatives : Nor can any man that

compelled thereto, if he will pay such equivalent.

11. That retrospective laws punishing offences committed before the existence of such laws, are oppressive and unjust, and ought not to be made. :

12. That every freeman, for every injury done him in his goods, lands, or person, by any other person, ought to have remedy by the course of the law of the land, and ought to have justice and right for the injury done to him, freely without sale, fully without any denial, and speedily without delay, according to the law of the land.

13. That trial by jury of facts where they arise, is one of the greatest securities of the lives, liberties, and estates of the people.

14. That in all prosecutions for criminal offences, every man hath a right to be informed of the accusation against him, to be allowed counsel, to be confronted with the accusers or witnesses, to examine evidence on oath in his favour, and to a speedy trial, by an impartial jury, without whose unanimous consent he ought not to be found guilty. .

15. That no man in the courts of common law ought to be compelled to give evidence against himself.

16. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. ..

17. That all warrants without oath to search suspected places, or to seize any person or his property, are grievous and oppreflive; and all general warrants to search suspected places, or to apprehend all persons suspccted, without naming or describing the place or any person in special, are illegal, and ought not to be granted.

18. That a well regulated militia is the proper, natural, and safe defence of a free government.

19. That standing armies are dangerous to liberty, and ought ' not to be raised or kept up without the consent of the legislature.

20. That in all cases and at all times the military ought to be under strict subordination to, and governed by the civil power. .

21. That no soldier ought to be quartered in any house in time of peace, without the consent of the owner ; and in time of war in such manner only as the legislature shall direct.

22. That the independency and uprightness of judges are essential to the impartial administration of justice, and a great fecurity to the rights and liberties of the people. · 23. "That the liberty of the press ought to be inviolably preserved.

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The CONSTITUTION, or System of Government, agreed

to and resolved upon by the Representatives in full CONVENTION of the Delaware State, formerly filed, The Government of the Counties of Newcastle, Kent, and Sussex, upon Delaware ; the said Representatives being chosen by the Freemen of the said

State for that express Purpose. 1. THE government of the counties of Newcaftle, Kent and

Suffex, upon Delaware, shall hereafter in all public and other writings be called, The Deluware State.

2. The legislature shall be formed of two distinct branches : They shall meet once or oftener in every year, and thall be called, The General Asembly of Delaware.

3. One of the branches of the legislature shall be called, The House of Asembly, and shall consist of seven representatives to be chosen for each county annually, of such persons as are free- holders of the same.

4. The other branch shall be called, The Council, and consist of nine members ; three to be chosen for each county at the time of the first election of the assembly, who thail be freeholders of the county for which they are chofen, and be upwards of twentyfive years of age. At the end of one year after the general election, the councillor who had the smallest number of votes in each county shall be displaced, and the vacancies thereby occasioned supplied by the freemen of each county choosing the same or another person at a new election in manner aforesaid. At the end of two years after the first general election, the councillor who stood second in number of votes in each county shall be displaced, and the vacancies thereby occafioned supplied by a new election in manner aforesaid. And at the end of three years from the first general election, the councillor who had the greatest number of

votes in each county shall be displaced, and the vacancies there·by occafioned supplied by a new election in manner aforesaid. And this rotation of a councillor being displaced at the end of three years in each county, and his office lupplied by a new choice, shall be continued afterwards in due order annually for ever, whereby, after the first general election, a councillor will remain in truit for three years from the time of his being elected, and a councillor will be displaced, and the same or another chosen in each county at every election. .

5. The right of suffrage in the election of members for both houses fhall remain as exercised by law at present; and each house shall choose its own speaker, appoint its own officers, judge of the qualifications and elections of its own members, settle its own N2

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rules of proceeding, and direct writs of election for supplying intermediate vacancies. They may also severally expel any of their own members for misbehaviour, but not a second time in the fanie fefsions for the same offence, if re-elected; and they shall have all other powers necessary for the legislature of a free and independent state.

6. All nioney-bills for the support of government shall originate in the house of assembly, and may be altered, amended or rejected by the legislative council. All other bills and ordinances may take rise in the house of assembly or legislative council, and may be altered, amended or rejected by either. · 1. A president or chief magistrate shall be chosen by joint ballot

of both houses, to be taken in the house of assembly, and the box examined by the speakers of each house in the presence of the other members ; and in case the numbers for the two highest in votes should be equal, then the speaker of the council shall have an additional casting voice, and the appointment of the person who has the majority of votes shall be entered at large on the minutes and journals of each house, and a copy thereof on parch-'. ment, certified and signed by the speakers respectively, and sealed with the great feal of the state, which they are hereby authorised to affix, Thall be delivered to the person fo chosen president, who shall continue in that office three years, and until the sitting of the next general assembly and no longer, nor be eligible until the expiration of three years after he shall have been out of that office. An adequate but moderate salary shall be feceled on him during his continuance in cffice. He may draw for such sums of money as shall be appropriated by the general afleinbly, and be accountable to them for the same; he may, by and with the advice of the privy councii, lay embargoes or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recess of the general affembly; he shall have the power of granting, pardons or reprieves, except where the prosecution shall be carried on by the house of afiembly, or the law shall otherwise direct, in which cases no pardon or reprieve fhall be granted, but by a resolve of the house of aslenzbly; and may exercise all the other executive powers of government, limited and restrained as by this * conftitution is mentioned, and according to the laws of the state.

And on his death, inability, or absence from the state, the speaker of the legislative council for the cime being ihall be vice-president; and in case of his death, inability, or abserce from the state, the speaker of the house of affeinbly shall have the powers of a president, until a new nomination is nlade by the general affembly. .

8. A privy-council consisting of four members shall be chosen by ballot, two by the legislative council, and two by the house of asseinbly: Provided, that no regular officer of the army or navy iil the service and pay of the continent, or of this, or of any other

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Itate shall be eligible. And a member of the legislative council or of the house of assembly being choren of the privy-council, and accepting thereof, shall thereby lose his feat. Three members shall be a quorum, and their advice and proceedings shall be entered on record, and signed by the members present, (to any part of which any member may enter his dissent) to be laid before the general assembly, when called for by them. Two members. shall be removed by ballot, one by the legislative council, and one by the house of assembly, at the end of two years, and those who remain the next year after, who hall feverally be ineligible for the three next years. These vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections in the same manner. And chis rotation of a privy-councillor shall be continued afterwards in due order annually for ever. The president may by summons convene the privy-council at any time when the public exigencies may require, and at such place as he shall think most convenient, when and where they are to attend accordingly. .

9. The president, with the advice and consent of the privycouncil, may ein body the militia, and act as captain-general and commander in chief of them, and the other military force of this state, under the laws of the saine. · 10. Either house of the general affembly may adjourn themfelves respectively. The president shall not prorogue, adjourn, or dissolve the general assembly, but he may, with the advice of the privy-council, or on the application of a majority of either house, call them before the time to which they shall stand adjourned ; and the two houtes shall always fit at the same time and place, for which purpose immediately after every adjournment, the speaker of the house of asembly shall give notice to the speaker of the other bouse of the time to which the house of affembly Aands adjourned.

11. The delegates for Delaware to the congress of the united states of America, shall be chosen annually, or fuperfeded in the m an time, by joint ballot of both houses in the general afsembly,

12. The president anii general affimbly full by joint ballot ap-point three justices of the supreme court for the state, one of whom shall be chief-justice, and a judge of admiralty, and a lo four justices of the courts of common pleas and orphans courts for each county, one of whom in each court shall be filed Chief Justice (and in cale of divifion on the ballot, the president shall have an additional casting voice) to be commisioned by the president under the great seal, who Thall continue in office during good hehaviour; and during the time the justices of the faid Tupreme court and courts of common-pleas remain in office, they fhall hold none other except in the militia ; any one of the justices of either of faid courts shall have power in case of the non-coming of his

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