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- DELAWARE BILL OF RIGHTS
-
- (Article I of the 1897 Constitution of Delaware)
- As amended to 1974
-
- ARTICLE I
-
- BILL OF RIGHTS
-
- FREEDOM OF RELIGION
-
- Sec. 1. Although it is the duty of all men frequently to assemble
- together for the public worship of Almighty God; and piety
- and morality, on which the prosperity of communities depends
- are hereby promoted; yet no man shall or ought to be com-
- pelled to attend any religious worship, to contribute to the
- erection or support of any place of worship, or to the main-
- tenance of any ministry, against his own free will and con-
- sent; 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 or religious worship, nor a preference given by law
- to any religious societies, denominations, or modes of wor-
- ship.
-
- 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.
-
- Sec. 4. Trial by jury shall be as heretofore. Provided, however,
- that Grand Juries in New Castle County shall consist of
- fifteen members, one of whom shall be selected from, and
- shall be a resident of, each representative district in said
- County, and the affirmative vote of nine of whom shall be
- necessary to find a true bill of indictment; and the Grand
- Juries in Kent County and in Sussex County shall consist of
- ten members, one of whom shall be selected from, and shall
- be a resident of each representative district in the County
- in which he or she is selected, and the affirmative vote of
- seven of whom shall be necessary to find a true bill of
- indictment.
-
- 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 informa-
- tion, 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.
-
- Sec. 6. The people shall be secure in their persons, houses, papers
- and possessions, from unreasonable searches and seizures;
- and no warrant to search any place, or to seize any person
- or thing, shall issue without describing them as particular-
- ly as may be; nor then, unless there be probable cause sup-
- ported by oath or affirmation.
-
- Sec. 7. In all criminal prosecutions, the accused hath a right to 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 to
- face, to have compulsory process in due time, or 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 he be deprived of life, liberty or prop-
- erty, unless by the judgment of his peers or by the law of
- the land.
-
- Sec. 8. No person shall for any indictable offense be proceeded
- against criminally 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 offense 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 repre-
- sentatives, and without compensation being made.
-
- Sec. 9. All courts shall be open; and every man for an injury done
- him in his reputation, person, movable or immovable 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 thereof cannot
- be had in that County. Suits may be brought against the
- State, according to such regulations as shall be made by law
-
- Sec. 10. No power of suspending laws shall be exercised but by auth-
- ority of the General Assembly.
-
- Sec. 11. Excessive bail shall not be required, nor excessive fines
- imposed, nor cruel punishments inflicted; and in the con-
- struction of jails a proper regard shall be had to the
- health of prisoners.
-
- Sec. 12. All prisoners shall be bailable by sufficient sureties,
- unless for capital offenses when the proof is positive or
- the presumption great; and when persons are confined on
- accusation for such offenses 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 sus-
- pended, unless when in cases of rebellion or invasion the
- public safety may require it.
-
- Sec. 14. Commission of oyer and terminer, or jail delivery, shall be
- issued.
-
- Sec. 15. No attainder shall work corruption of blood, nor except
- during the life of the offender forfeiture of estate. The
- estates of 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 thereby be incurred.
-
- Sec. 16. Although disobedience to laws by a part of the people, upon
- suggestions of impolicy or injustice in them, tends by im-
- mediate effect and the influence of example not only to en-
- danger the public welfare and safety, but also in govern-
- ments of a republican form of government 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, remon-
- strance or address.
-
- Sec. 17. No standing army shall be kept without the consent of the
- General Assembly, and the military shall in all cases and at
- all times be in strict subordination to the civil power.
-
- Sec. 18. No soldier shall in time of peace be quartered in any house
- without the consent of the owner; nor in time of war but by
- a civil magistrate, in manner to be prescribed by law.
-
- Sec. 19. No hereditary distinction shall be granted, nor any office
- created or exercised, the appointment to which shall be for
- 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 EVERYTHING IN THIS ARTICLE IS RESERVED OUT
- OF THE GENERAL POWERS OF GOVERNMENT HEREINAFTER MENTIONED
-
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