CONSTITUTION OF THE STATE OF DELAWARE. 1 or ARTICLE 1. Section 1. Religious liberty. 2. No religiious test shall be re quired as a qualification to any office public trust under this State. 3. All elections shall be free and equal. 4. Trial by jury. 5. The press. 6. The people to be secure from unreasonable searches and seizures. 7. In criminal prosecutions the ac cused has a right to be heard by himself and his counsel. 8. No person shall for any indict able offense be proceeded against criminally except. 9. All courts shall be open. Jus tice administered without sale or denial. 10. Suspending laws. 11. Excessive bail or fines shall not be imposed. 12. Privileges of prisoners. 13. Habeas corpus. 14. Oyer and Terminer. 15. Attainder, suicide, deodand. 16. The citizens have a right to meet together peaceably to consult for the common good. 17. No standing army; the military subordinate to the civil power. 18. Quartering soldiers. 19. No hereditary distinction shall be granted. ARTICLE II. 1. Legislative power of the State Section Number. bers. Vacancies. 4. General Assembly shall meet bi ennially. Time of first meet ing. 5. Each house, officers of. 6. Each house shall judge of the elction and qualifications of its own members. Quorum. 7. Punishment of members. 8. Each house to keep a journal. 9. The doors of each house to be kept open, except. 10. Neither house shall adjourn for more than three days. 11. Compensation and privileges. 12. No representative or senator shall be elected or appointed to any office created during his term. 13. Vacancies, how filled. 14. Revenue bills. 15. No money shall be drawn from the public treasury but by ap propriation. ARTICLE III. are vested in the Governor. 2. The Governor, his election. In case of tie. Contested elec tions. 3. Tenure of office. 4. Qualifications. 5. Disqualification. 6. Compensation. 7. The Governor to be Commander vested in General Assembly. Section in-Chief of the army and navy of the State. 8. Appointments to offices. Incom patible offices. Commissioners. 9. The Governor may grant re prieves and pardons. 10. He may require information in writing from the officers of the executive department. 11. Governor's message. 12. He may convene the General As sembly. 13. He should take care that the laws are faithfully executed. 14. Vacancy, how filled. 15. Secretary of State. His duties and compensation. ARTICLE IV. 1. The time for holding elections for State officers, etc. 2. Shall be privileged from arrest during attendance at elections. Section 4. Court of General Sessions of the peace. 5. Court of Chancery. 6. Court of Oyer and Terminer. 7. Court of Error and Appeals. Questions of law, 8. In matters of chancery jurisdic tion in which the chancellor is interested, the Chief Justice sitting in the Superior Court shall have jurisdiction. 9. The Governor shall have the power to commission a judge ad litem. 10. Orphans' Court. 11. The jurisdiction of each of the aforesaid courts shall be co extensive with the State. 12. General Assembly may alter. 13. Until the General Assembly shall otherwise provide, the Chancellor shall exercise all powers, etc. 14. Tenure of office, salaries. 15. Inferior courts. 16. Amending pleadings.- Dispos tion. 17. At any time pending an action for debt or damages, the defendant may bring into court the sum of money for dis charging the same. 18. Suits may survive. 19. Security on appeal and error. 20. Limitation of writs of error. 21. Executors, administrators and guardians' accounts.- Excep tions. 22. Registers Court to be held in each county. 23. Prothonotaries.--Lien of judg. ments. 24. The Governor shall appoint a competent number of justices of the peace. 25. The style of process. ARTICLE V. 1. The House of Representatives has the sole power of impeach ing. 2. The Governor and all other civil officers under this State shall be liable to impeachment. 3. Treason against the State. De finition of. ARTICLE VI. 1. The judicial power of the State shall be vested in the Court of Errors and Appeals. The Superior Court, Court of Chancery and Orphans' Court, a Court of Oyer and Terminer, a Court of General Sessions of the peace and jail delivery, a Registers' Court. Justices of the peace, etc. 2. To compose the said courts there shall be five judges in the State. 3. Superior Court to consist of Chief Justice and two associates. ARTICLE VII. 1. Conservators of the peace. 2. Representatives in Congress. 3. Sheriff and coroner.-Term of office. 4. Tenure of certain officials. Section for fees. sion of the clergy from hold ing civil office in this State. fixed to every edition of laws Legislature. Section and coroners shall not be va cated by amendment. 3. Time of first election of Repre sentatives under this amended Constitution. 4. Term of office of the present Governor shall not be vacated, or extended by amendment. 5. The time the amended Consti tution shall commence, etc. 6. Registers Courts, etc., not al fected by amendments. 7. The General Assembly shall have power to make law necessary to carry into effect this amended Constitution. 8. In regard to the provision in the twentieth section of the sixth article of this amended Constitution. 9. The Governor shall have power to issue writs of election, to supply vacancies in either house of the General Assem bly. 10. It is declared that nothing in this amended Constituton gives a writ of error from the Court of Errors and Appeals, etc. PREAMBLE. We, the people, hereby ordain and establish this Constitution of Government 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 therefore 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. |