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laws, are oppreffive and unjust, 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 arise, is one of the greatest securities of the lives, liberties, and eftates of the people.

XIV. That in all profecutions for criminal offences, every man hath a right to be informed of the accusation against him, to be allowed counfel, 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 whofe unanimous confent, he ought not to be found guilty.

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

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

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

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

vernment.

go

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

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

XXI. That no foldier ought to be quartered

in 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 effential to the impartial adminiftration of justice, and a great fecurity to the rights and liberties of the people.

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

THE

THE

CONSTITUTION,

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.

TH

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

II. The legiflature 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 fhall be called, THE HOUSE OF ASSEMBLY, and shall confift of feven Representatives to be chofen for each county annually, of fuch persons as are freeholders of the fame.

IV. The

IV. The other branch shall be called, THE COUNCIL, and confift of nine Members; three to be chofen for each county at the time of the first election of the Affembly, who fhall be freeholders of the county for which they are chofen, and be upwards of twenty-five years of age. At the end of one year after the general election, the Councillor who had the fmalleft number of votes in each county fhall be difplaced, and the vacancies thereby occafioned fupplied by the freemen of each county choofing the fame or another person at a new election in manner aforefaid. At the end of two years after the first general election, the Councillor who stood fecond in number of votes in each county shall be displaced, and the vacancies thereby occafioned fupplied by a new election in manner aforefaid. And at the end of three years from the first general election, the Councillor who had the greatest number of votes in each county fhall be displaced, and the vacancies thereby occafioned supplied by a new election in manner aforefaid. And this rotation of a Councillor being displaced at the end of three years in each county, and his office supplied by a new choice, shall be conti nued afterwards in due order annually for ever, whereby,

whereby, after the first general election, a Councillor will remain in truft for three years from the time of his being elected, and a Councillor will be difplaced, and the fame or another chofen in each county at every election.

V. The right of fuffrage in the election of Members for both Houses fhall remain as exercised by law at prefent; and each House shall choose its own Speaker, appoint its own officers, judge of the qualifications and elections of its own Members, fettle its own rules of proceeding, and direct writs of election for supplying intermediate vacancies. They may also severally expel any of their own Members for mifbehaviour, but not a fecond time in the fame feffions for the fame offence, if re-elected; and they shall have all other powers necessary for the legislature of a free and independent State.

VI. All money-bills for the fupport of Government shall originate in the House of Af fembly, and may be altered, amended or rejected by the Legislative Council. All other bills and ordinances may take rife in the House of Affembly or Legislative Council, and may be altered, amended or rejected by either.

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