fent; and that no authority can or ought to be vested in, or affumed by any power whatever, that shall in any cafe interfere with, or in any manner controul, the right of confcience, in the free exercise of religious worship.

III. That all perfons profeffing the Christian religion, ought for ever to enjoy equal rights and privileges in this State, unless under colour of religion any man difturb the peace, the happiness, or fafety of society.

IV. That the people of this State have the fole, exclufive, and inherent right of governing and regulating the internal police of the fame.

V. That perfons intrusted with the legislative and executive powers are the trustees and servants of the public, and as fuch accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifeftly endangered by the legislative singly, or a treacherous combination of both, the people may, and of right ought to establish at new, or reform the old Government.

VI. That the right in the people to participate in the legislature, is the foundation of liberty and of all free government; and for this end all elections ought to be free and frequent, and every freeman having sufficient evidence of a per

P3

a permanent common intereft with, and attachment to the community, hath a right of fuffrage.

VII. That no power of fufpending laws, or the execution of laws, ought to be exercised, unless by the legislature.

VIII. That for redress of grievances, and for amending and strengthening of the laws, the legiflature ought to be frequently convened.

IX. That every man hath a right to petition the legislature for the redress of grievances, in a peaceable and orderly manner.

X. That every member of fociety hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when neceffary, or an equivalent thereto; but no part of a man's property can be justly taken from him, or applied to public ufes, without his own confent, or that of his legal Reprefentatives: nor can any man that is confcientiously fcrupulous of bearing arms, in any cafe be justly compelled thereto, if he will pay fuch equivalent.

XI. That retrofpective laws punishing of fences committed before the existence of fuch

laws,

laws, are oppreffive and unjuft, and ought not to be made.

XII. That every freeman, for every injury done him in his goods, lands, or perfon, by any other perfon, ought to have remedy by the course of the law of the land, and ought to have juftice and right for the injury done to him, freely without fale, fully without any denial, and speedily without delay, according to the law of

the land.

XIII, That trial by jury of facts where they arife, is one of the greatest securities of the lives, liberties, and estates of the people.

XIV, That in all profecutions for criminal offences, every man hath a right to be informed of the accufation against him, to be allowed counsel, to be confronted with the accufers or witneffes, to examine evidence on oath in his favour, and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

XV. That no man in the courts of common law ought to be compelled to give evidence against himself.

XVI. That exceffive bail ought not to be required, nor exceffive fines imposed, nor cruel or unusual punishments inflicted.

XVII. That all warrants without oath to fearch fufpected places, or to feize any perfon or his property, are grievous and oppreffive; and all general warrants to fearch suspected places, or to apprehend all perfons suspected, without naming or defcribing the place or any perfon in special, are illegal, and ought not to be granted.

XVIII. That a well-regulated militia is the proper, natural, and fafe defence of a free go

vernment.

XIX. That standing armies are dangerous to liberty, and ought not to be raised or kept up without the confent of the legislature.

XX. That in all cafes and at all times the military ought to be under ftrict fubordination to, and governed by, the civil power.

in

XXI. That no foldier ought to be quartered

any houfe in time of peace, without the confent of the owner; and in time of war in fuch manner only as the legislature fhall direct.

XXII. That the independency and uprightnefs of Judges are essential to the impartial administration of justice, and a great fecurity to the rights and liberties of the people.

XXIII. That the liberty of the prefs ought to be inviolably preferved.

THE

THE

CONSTITUTIO N,

OR

SYSTEM OF GOVERNMENT,

AGREED TO AND RESOLVED UPON BY THE REPRESENTATIVES IN FULL CONVENTION OF THE DELAWARE STATE, FORMERLY STILED, "THE GOVERNMENT OF THE COUNTIES OF NEWCASTLE, KENT, AND SUSSEX, UPON DELAWARE;" THE SAID REPRESENTATIVES BEING CHOSEN BY THE FREEMEN OF THE SAID STATE FOR THAT EXPRESS PURPOSE.

I.

1. THE

HE Government of the counties of Newcastle, Kent and Suffex, upon Delaware, shall hereafter in all public and other writings be called, THE DELAWARE STATE.

II. The legislature fhall be formed of two' diftinct branches. They fhall meet once or oftener in every year, and shall be called, THE GENERAL ASSEMBLY OF DELAWARE.

III. One of the branches of the legislature shall be called, THE HOUSE OF ASSEMBLY, and fhall confift of feven Representatives to be chofen for each county annually, of such persons as are freeholders of the fame.

IV. The