DELAWARE.. A DECLARATION of RIGHTS and Fundamental Ru'es of the Delaware State, formerly stiled, The Government of the Counties of Newcastle, Kent, and Sussex, upon Delaware. : 1. THAT all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.. 2. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own confciences and understandings; and that no man ought, or of right can be compelled to attend any religious worship, or maintain any ministry, contrary to or against his own free will and confent, and that no authority can or ought to be vested in, or affumed by any power whatever, that shall in any cafe interfere with, or in any manner controul the right of confcience, in the free exercise of religious worship. 3. That all perfons profeffing 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 fafety of fociety. 4. That the people of this state have the sole, exclusive, and inherent right of governing and regulating the internal police of the fame. 5. That persons intrusted with the legislative and executive powers are the trustees and servants of the public, and as fuch accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifeftly endangered by the legislative singly, 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 legiflature, 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 sufficient evidence of a permanent common interest with, and attachment to the community, hath a right of fuffrage. 7. That no power of fufpending laws, or the execution of laws, ought to be exercised unless by the legislature. 8. That for redress of grievances, and for amending and strengthening of the laws, the legiflature ought to be frequently convened. 9. That every man hath a right to petition the legiflature for the redress of grievances, in a peaceable and orderly manner. 10. Tha N 10. That every member of society hath a right to be protected 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 juftly taken from him, or applied to public uses without his own confent, or that of his legal representatives: Nor can any man that is confcientiously scrupulous of bearing arms in any cafe, be juftly 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 perfon, 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 arife, is one of the greatest securities of the lives, liberties, and estates of the people. 14. That in all profecutions 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 confent 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 oppressive; and all general warrants to search suspected places, or to apprehend all persons suspected, 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 fafe 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 cafes and at all times the military ought to be under strict fubordination to, and governed by the civil power. 21. That no foldier 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 efsential to the impartial administration of justice, and a great security to the rights and liberties of the people. 23. That the liberty of the press ought to be inviolably preferved. 3 The The CONSTITUTION, or System of Government, agreed to and refolved upon by the Representatives in full CONVENTION of the Delaware State, formerly stiled, The Government of the Counties of Newcastle, Kent, and Sussex, upon Delaware; the faid Representatives being chosen by the Freemen of the faid State for that express Purpose. I. T HE government of the counties of Newcastle, Kent and Sussex, upon Delaware, shall hereafter in all public and other writings be called, The Delaware State. 2. The legiflature shall be formed of two distinct branches: They shall meet once or oftener in every year, and shall be called, The General Affembly of Delaware. 3. One of the branches of the legislature shall be called, The House of Assembly, and shall confift of seven representatives to be chosen for each county annually, of fuch perfons as are freeholders of the fame. 4. The other branch shall be called, The Council, and confift of nine members; three to be chosen for each county at the time of the first election of the assembly, who shall be freeholders of the county for which they are chosen, 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 occafioned fupplied by the freemen of each county choofing the fame 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 occasioned 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 thereby 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 supplied 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 truft for three years from the time of his being elected, and a councillor will be displaced, and the same or another chofen in each county at every election. 5. The right of fuffrage in the election of members for both houses shall 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 rules N2 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 same feffions for the fame offence, if re-elected; and they shall have all other powers necessary for the legislature of a free and independent state. 6. All money-bills for the fupport 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 rife in the house of affembly or legisflative council, and may be altered, amended or rejected by either. 7. A prefident 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 prefence 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 perfon who has the majority of votes shall be entered at large on the minutes and journals of each house, and a copy thereof on parchment, certified and figned by the speakers respectively, and fealed with the great feal of the state, which they are hereby authorifed to affix, shall be delivered to the perfon so chosen president, who shall continue in that office three years, and until the fitting 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 fettled on him during his continuance in office. He may draw for fuch fums of money as shall be appropriated by the general affembly, and be accountable to them for the fame; he may, by and with the advice of the privy council, lay embargoes or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recess of the general afsembly; he shall have the power of granting tpardons or reprieves, except where the profecution shall be carried on by the house of affembly, or the law shall otherwise direct, in which cafes no pardon or reprieve shall be granted, but by a reYolve of the house of assembly; 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 legiflative council for the time being shall be vice-prefident; tand in cafe of his death, inability, or absence from the state, the speaker of the house of assembly thall have the powers of a prefident, until a new nomination is made by the general assembly. 8. A privy-council confifting of four members shall be chofen by ballot, two by the legislative council, and two by the house of assembly: Provided, that no regular officer of the army or navy in the service and pay of the continent, or of this, or of any other ftate state shall be eligible. And a member of the legiflative council or of the house of afsembly being chosen of the privy-council, and accepting thereof, shall thereby lose his feat. Three members shall be a quorum, and their advice and proceedings thall be entered on record, and figned 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 shall severally be ineligible for the three next years. These vacancies, as well as those occafioned by death or incapacity, shall be supplied by new elections in the fame manner. And this rotation of a privy-councillor shall be continued afterwards in due order annually for ever. The president may by fummons 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 prefident, with the advice and confent of the privycouncil, may embody 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 fame. 10. Either house of the general affembly may adjourn themselves respectively. The prefident shall not prorogue, adjourn, or diffolve the general affembly, 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 houses shall always fit at the fame time and place, for which purpose immediately after every adjournment, the speaker of the house of affembly shall give notice to the speaker of the other house of the time to which the house of affembly stands adjourned. II. The delegates for Delaware to the congrefs of the united states of America, shall be chofen annually, or fuperfeded in the mean time, by joint ballot of both houses in the general affembly. 12. The prefident and general affembly shall by joint ballot appoint three justices of the fupreme court for the state, one of whom shall be chief-juftice, and a judge of admiralty, and allo four juftices of the courts of common pleas and orphans courts for each county, one of whom in each court shall be stiled Chief Justice (and in cafe of division on the ballot, the prefident shall have an additional cafting voice) to be commissioned by the prefident under the great feal, who shall continue in office during good behaviour; and during the time the justices of the faid fupreme court and courts of common-pleas remain in office, they shall 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 brethren , |