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CONSTITUTION OF THE STATE OF DELAWARE.
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
ARTICLE II. 1. Legislative power of the State
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
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.
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
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.
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
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.
1. Conservators of the peace. 2. Representatives in Congress. 3. Sheriff and coroner.-Term of
office. 4. Tenure of certain officials.
sion of the clergy from hold
ing civil office in this State.
fixed to every edition of laws
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.
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.