



                            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



