American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-01-07

ment of his peers, and the law OF the land. By th'
decision in question the Juror has been deprived
mot of one only but SEVERAL it is believed, oil hi:
most valuable privileges, and that without being al
lowed any Of the aids formaties, to which he Wa:
legally and constitutionay entitled Tor the defence
of the same. He has been pronouncedby the Cour'
to be unfit to serve as Juror; and it unit TO act III
that capacity, he IS disqualified also to be witness
or to the duties Of any OF the Offices or pub
lie trusts in the state His situation, then, is deplo
rabe indeed; the punishment which has been IN
hicted on him, though negative, is severe one II
consists not merely IN the disgrace annexed 10 ex-
cusion from Office, its honours and profits, and the
consequent incapacity of rendering to society, the
services it has right TO require of its members
the security of his person and may add, Of his
property too, is absolutely endangered. No matter
what violence may hereafter be done to the former,
or what injury loss he may sustain in the latter
lii there be not other testimony than his own, tbs
state cannot prosecute the offender. Should he even
behold the murder Of his wife or his child, and no
one else be witness to the felony no legal procee-
ding could be instituted against the prrpetrator in
order to bring him to punishment.
The decision of the Court is believed TO be in
other respects at variance with the federal constu-
ton and the constitution of Delaware. The rights
OF conscience, freedom of speech. and consequent
ly freedom oil thought, are guaranteed by both to
our citizens.
In Ar /. Sec. /. of the constitution Of Delaware.
1t is declared, that, although pety and mo atty, OH
which the prosperity OF communities depends are
promoted NY all men frequently assembling for the
worship OF Cod; yet no man shall or ought to Be
compelled to attend any religious worship to con
tribute to the erectli or support Of any place Of
worship, or to the maintenance OF any mlnlstly
AGAINST his own free will and consent; and no power
shall or ought to be vested in or assumed BY any
that shall in any Case interfere with 1r
q any manne' controul the rights OF consc ien,r.
Tor a preference be given by law to any religious
ocletles, denominations, or modes OF Worship. Ii is
o DC Observed that 10 the last words oil this section
mere is generality OF expression which compre
lehds all religious societies and modes OF worship
! IS not confined 10 the christian. II NAV be re-
marked also, that man being regarded by the con
entlon as Tree agent; as having will OF his own
lett at complete liberty, either to profess RELIGION
T not to do 1t; to worship his Maker, or to with
old the homage he is morally bound to pay nm
ne members wisely Judging that he is accountable
MS Maker alone Tor the manner in which he shall
Aercise THIS liberty. And SO Thoroughly persuaded
ere they, that IN matters OF religious profession.
&c IDEA OF compulsion ought TO be excluded; and
apprehenslye were they lest under he pa,h oil
'Nglon' spirit Of tyranny and persecution miph,l
'rhg up In the state, it has in other countries, thar
e guards to religious liberty were still further .x
hdeo, Dy their providing in sec. 9. oil The sameI
tcie' that no religious test shall be required as
to any office or puoc trust under this
ate'-No man shall oe asked before assuming the
= racter ana duties OF public servant, what he
iieVss, or what he does not believe. l.
am aware that the Court in permitting the At Ii
lney General to erect himself into an inouisilor II
requiring answers 10 the questions he pu to the Il
rof' shie'ds iis@t list. Under rule Of law by /
lieh witness NAV be interrogaed as to his beafin
Iou and future state giving new application 10
ue oil d'uotiui authority ~ II however there c
discrepancy between thai rule aud the prmci- r
OF law, which allows no man 10 be cons rained n
accuse himself, or TO answer any questions that Ia
40 10 his dIshonour or disadvantage (which is tan
mount 10 being obliged TO accuse himself, or be- S
me an agent IN ehecting his own ruin) which,
lnIlpe OF law is to be found in the iurisprudence
DINER wen regulated states as well as in that Of !
'slahu and has IN parti ular bt en- adopted INTO all
American constitutions; it moreover there be ::
me constitution of Delaware other provisions in y
dlcting all interference by any magistrate with "
ilghls OF conscience and exempting our citizens :.
IN 'hqosition concerning their religious opinions =
hch provisions ale IN collision with that rule 81
.annot oe obligatory but being null, ought to be =
catded by our Courts.
End Under the opinion given by itself, that The 81
uaIon and duties Of Juror constitute not an If he
or public trust.-What? Jurors not OFFICERS III
ere they form part Of the judiciary, and the CT
Isl important part too; when they are iudces oflg
facts in all trials, and Of the law also scco din,
some authorities if they will assume that Doyrr
zen IN civil suits they decide between man and a,
III IN all matters in dispute between them; whenlsi
criminal prosecutions, the life. liberty reputation
property OF the accused, are committed intol
~ hahds' to be disposed Of as their Justice and lin
'aom may direct; when finally like other officers I'M
y are compensated Tor their services by the ,ub c,
---f after all this they are not en,;ted - ~.
iracter, how can the Judges be so considered I,
less their longer continuance n Office, and orea -,
pay lende' them such? It appears 10 me thouph r.,