The Messenger. [volume] (Georgetown, Del.) 1858-18??, 1863-04-15
VOL w
a N ACT TO PREVENT LILLE


ia CAL. ARRESTS IN THIS STATE. 4
WHRREAs the people Of this State,
both by the Constitution of the
United States and the Constitution
Of the State of Delaware, have the
aight "to be secure in their persons,
houses, papers aud effects against
unreasonable searches and seizures;"
and whereas the more effectually to
guard the personal liberty of the
people, the Constitution of the Unit
ed States; expressly provides that no
person shall br t'siepiivedf OF life,
liberty or property without due pro-
cess Of law" AMI the Constitution
of the State of Delaware provides
that the accused '.shsll not be COM
PEELED to give evidence against him
self, nor shall he be deprived o. life,
liberty or property unless by the
Judgment Of his peers or the law of
the land;' and whereas citizens of
this State, in violation of he previ-
sious of the Constitution of the Unit
cd States and of the Constitution Of
the State Of Delaware, have been
arrested and taken out of the State
AMI deprived Of their liberty: Now,
therefore, s.ile.5 sa
SECTION / Be it enacted by the
Senate and House Of Representa-
tiues of the State Of Delaware IN
General Assembly met, That if any
person or p,rsous shall, within the
limits of this State arrest, or canse,
procure or aid insthe arrest of any
white citizin ofthis State, or of any
white nonresident being at the time
uitlin the limits of this State, un-
Less such arrest shall be made upon
]eyal pr cess issued for that purpose
by Judge, Justice Of the Peace, or
some other ofIie.r duly authorized to
issue proce,s in criminal or civil pro-
c,edings BY the laws Of tins state or
of the United states, or uul's such
arrests be made to prevent breach
Of peace, or the commission Of some
crime sgfiist the laws OF this State
az of the UTatda States -and il al
cases where arrests shall be madeTto
prevent bre2ch-0f peace or the
commission Of some crime against
the laws Of this State or Of the Unit
ell States, the person or persons SO
arrested shall be forthwith and with
out any intermediate incarceration
taken before q Judge, Justice of the
Peace, CT other officer duly author
ICED to issue process in criminal ca
ses. to be dealt with according TO the
course of the common law or Of the
statute in such case made and pro
vided, and shall be released from i'm
priscnment or arrest, uul tss theu
aud there duly charged on oatn or
affirmation. and if so charged shall
be bailed if the case be ballable, OF
otherwise dealt with according to the
course OF common law or of the stat.
ute in such case made and provided
--or unless the person arrested be-
long to the land or naval sevice o.
the United States, or to the miltis
in actual service, such person or per
sons SO offending shall be guilty o
felony, and upon conviction thereo
shall forfeit and pay a ne of no
less than Eve hundred d ollars no
more than Two thousand dollars, an(
shall be Imprisoned not less than sil
months nor more than two years.
sEcTIcN 2. Be Il enacted BY the au
thorty Aforesaid, That if any pcrsol
shall abluct, take, or carry from tn
limits Of this State, any white citiEel
of this state, or any white nol-res
dent. being at the time within tn
limits of this State, or shall cause
procure, assist or aid the SEDUCTION
taking or carrying from the limit
Of this State any such citizen or non
resident, unless such person so al
Quoted, taken or carried without til
limits of the State, shall be duly de
livered up upon the rcquisition or de
mand Of the Executive authority {
some othe. State, in conformity wit
the provisions of the Constitution {
the United States in that behalf, {
unless the person so abducted, take
or carried away shall belong to th
land or naval service Of the Unite
States, or to the militia when in az
tual service, such person or persoi
so offending shall be guilty offelon.
and upon conviction thereof shs
forfeit and pay fine Of not lie
than fve hundred dollars no mo
than two thousand dollars, aud sh'
be impliSone,l not less than 8
months nnr mare Than twn wears.
SEqiloN 3. Be II enacted by ihs,a
tlo4iy afoFesaad, That if any person
nefson> paaiI make. procure, or cause
be ~ de. ANY affidavit OF statement ,