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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





  3 Responses to “Category : Various Text files
Archive   : LAWNB3.ZIP
Filename : DELAWARE.TXT

  1. Very nice! Thank you for this wonderful archive. I wonder why I found it only now. Long live the BBS file archives!

  2. This is so awesome! 😀 I’d be cool if you could download an entire archive of this at once, though.

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