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and forty-eight: the commission next dated shall expire on the first day of January, anno dominione thousand eight hundred and fifty-one: and the commission last last dated shall expire on the first day of January, anno domini one thousand eight hundred and fifty-four.
7. The commissions of the president judges of the several judicial districts, and of the associate law judges of the first judicial district, shall expire as follows :—The commissions of one-half of those who'shall have held their offices ten years or more, at the adoption of the amendments to the Constitution, shall expire on the twentyseventh day of February, one thousand eight hundred and thirtynine : the commissions of the other half of those who shall have held their offices ten years or more, at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February, one thousand hundred and forty-two: the first half to embrace those whose commissions shall bear the oldest date. The commissions of all the remaining judges who shall not have held their offices for ten years at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February next after the end of ten years from the date of their commissions.
8. The recorders of the several mayors' courts and other criminal courts in this Commonwealth, shall be appointed for the same time and in the same manner as the president judges of the several judicial districts; of those now in office, the commission oldest in date shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-one, and the others every two years thereafter according to their respective dates : those oldest in date expiring first.
9. The Legislature, at its first session under the amended Constitution, shall divide the other associate judges of the State into four classes. The commissions of those of the first class shall expire on the twenty-seventh day of February, cighteen hundred and forty: of those of the second class on the twenty-seventh day of February, eightecn hundred and forty one: of those of the third class on the twentyseventh day of February, eighteen hundred and forty-two: and those of the fourth class on the twenty-seventh day of February, eighteen hundred and forty-three. The said classes, from the first to the fourth, shall be arranged according to the seniority of the commissions of the several judges.
10. Prothonotaries, clerks of the several couris, (except of the Supreme Court,) recorders of deeds, and registers of wills, shall be first elected under the amended Constitution, at the election of representatives, in the year eighteen hundred and thirty-nine, in such manner as may be prescribed by law.
11. The appointing power shall remain as heretofore, and all officers in the appointment of the executive department shall continue in the exercise of the duties of their respective offices uniil the Legislature shall pass such laws as may be required by ihe eighth section of the sixth article of the amended Constitution, and until appointments shall be made under such laws; unless their commissions shall be superseded by new appointments, or shall sooner expire by their own limitations, or the said offices shall become vacant by death or resignation, and such laws shall be enacted by the first Legislature under the amended Constitution.
12. The first election for aldermen and justices of the peace shall be held in the year eighteen hundred and forty, at the time fixed for ihe election of constables. The Legislature at its first session under the amended Constitution, shall provide for the said election, and for subsequent similar elections. The aldermen and justices of the peace now in commission, or who may in the interim be appointed, shall continue to discharge the duties of their respective offices until fifteen days after the day which shall be fixed by law for the issuing of new commissions, at the expiration of which time their commissions shall expire.
DELAWARE, next to Rhode Island, is the smallest State in the union. It was first settled in 1627, by the Swedes and Fins. They landed at Cape Henlopen, and on account of its beauty called it "Paradise Point.” They organized a government, and built several forts for their protection. But they were too weak to sustain themselves against the Dutch, who had commencea making inroads upon them. In 1655 the Dutch took the territory by conquest. In 1664 the English conquered the Dutch, and they were under the jurisdiction of New York until 1682. About this time William Penn obtained a grant of Delaware from the Duke of York, and it was for many years under the government of Pennsylvania.
It adopted its first Constitution in 1776, and its present one in 1831.
CONSTITUTION.* We, the People, hereby ordain and establish this Constitution of gov
ernment for the State of Delaware. Through divine goodness all men have, by nature, the rights of worshiping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and, in general, of attaining objects suitable 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 there-, fore all just authority in the institutions of political society is
derived from the people, and established with their consent, to advance their happiness : And they may for this end, as circumstances require, from time to time, alter their Constitution of government.
Sec. 1. Although it is the duty of all men frequently to assemble together for the public worship of the Author of the Universe, and piety and morality, on which the prosperity of communities depends, are thereby promoted; yet no man shall, or ought to be compelled to attend any religious worship, to contribute to the 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 religions worship: nor shall a preference be given by law to any religious societies, denomination or modes of worship
2. No religious test shall be required as a qualification to any office, or public trust, under this State.
3. All elections shall be free and equal. 4. Trial by jury, shall be as heretofore.
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 such subject, being respulsible for the abuse of that liberty. In prosecutions for publications investing 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.
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 things, shall issue without describing them as particularly as may be, nor then, unless there be probable cause supported by oath or affirmation.
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, 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 he be deprived of life, liberty, or property, unless by the judgment of his peers or the law of the land.
8. No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land and 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 offence 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.
9. All courts shall be open : and every man for an injury done him in his reputation, person, movable or immovable possessions, 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 commer
enced, unless when the judges of the court in which the cause is to be tried, shall determine that an impartial trial therefor cannot be had in that county. Suits may be brought against the State, according to such regulations as shall be made by law.
10. No power of suspending laws shall be exercised, but by authority of the Legislature.
11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted : and in the construction of jails, a proper regard shall be had to the health of prisoners.
12. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is positive or the presumption great : and when persons are confined on accusation for such offences, their friends and counsel may at proper seasons have access to them.
13. The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it.
14. No commission of oyer and terminer or jail delivery shall be issued.
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 be thereby incurred.
16. Although disobedience to laws by a part of the people, upon suggestions of impolicy or injustice in them, tends by immediate 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.
17. No standing army shall be kept up without the consent of the Legislature: and the military shall, in all cases and at all times, be in strict subordination to the civil power.
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 a manner to be prescribed by law.
19. No hereditary distinction shall be granted, nor any ated or exercised, the appointments to which shall be for a longer term than during good behavior ; and no person holding any offico 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 is reserved out of the general powers of government hereinafter mentioned.
ARTICLE II. Sec. I. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.
2. The representatives shall be chosen [for two years] by the citizens residing in the several counties.
No person shall be a representative who shall not have attained the age
of twenty-four years, and have been a citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this State.
There shall be seven representatives chosen in each county, until a greater number of representatives shall by the General Assembly be judged necessary; and then, two-thirds of each branch of the Legislature concurring, they may by law make provision for increasing their number.
3. The senators shall be chosen for [four] years by the citizens residing in the several counties.
No person shall be a senator who shall not have attained to the age of twenty-seven years, and have in the county in which he shall be chosen, a freehold estate in two hundred acres of land, or an estate in real or personal property, or in either, of the value of one thousand pounds at least, and have been a citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State.
There shall be three senators chosen in each county. When a greater number of senators shall by the General Assembly be judged necessary, two-thirds of each branch concurring, they may by law make provision for increasing their number ; but the number of senators shall never be greater than one-half, nor less than onethird of the number of representatives.
[If the office of representative, or the office of senator, become vacant before the regular expiration of the term thereof, a representative or a senator shall be elected to fill such vacancy, and shall hold the office for the residue of said term.
When there is a vacancy in either house of the General Assembly,