Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-06-05
PUBLIC AUTS.
AN ACT TO PREVENT ILLEGAL ARRESTS
muIg Mann

WhfaRAs the people of this State both by the Consti
.ol 1 he United States ani the Consultation OF the
State OF Delaware have the right to be secure In their
PERSONS housen, papers aud eects against
seAtee. aud seizures aud whereas the eectualy
Hon OF the United sAtea expressly provides that no uer
sou shall be deprived Of life, libtry property With
out dus process Of law aud The Constitution the State
OF Delaware provides tina, the accused shall not be
compelled q give evidence AganA himself nor shall 10
ent oi his peert the law ii the land and whereas
citizens Of this ste, 10 violation the provisions o the
COasu Ion OF the United staBs and the Constitution
o. the stare Delaware, have been arrested and taken
cut out o. tue State aud deprived Of their liberty Now,
sgelloN l. Be II faaeed 5y The Senite and Ifotss Of
Representatives. ~ he Ne Of DsiitOare in Gsasrai As.
ssMGiy Mf IhA' any psrsOn or persons shall within
.ne @ oi ms State arrest or cause, procure aid in
the arrest Of any white citizen Of this Stale or OF any
white nonresident being at the time wthln the limits u
s state ualets such arrest shall bo made upon legal
process Issued for that purpose by Judge Justice Of The
Peac- or some other officer duly authorised 10 issue pro-
cess In criminal or civil proceedings by the laws OF hs
Slate Of the United States or unless such arrest he
made 10 prevent breach OF peace tbe commission Of
some crime against the laws this state or OF the United
stAies-and in all where arrests ahal b made 10
prevent breach Of the peace commission Of some
crime against the laws OF this state ar of the Initd
eaiea is person or persons ted shall be
VII gnd without any intermediate Incarceration taken
before judge Justice Of tue Peace or other oeer dn
authorized to Issue protesa In criminal ba dealt
with according to the Of the law or Of the
statute in such case made and provided and shall he
leased from imprisonment unless then aud there
duly charged on oath affirmation, and ii 80 charged
shall be baodlf The case be bAlabe or otherwise dealt
statute In such case made and providedOr unless the
person arrested belong to the land service Of the
United states, or to the militia ia actual service, sucl
person persons offending shall be guilty Of felony
and upon conviction thereof shall forfeit and pay Gne
o. not less than i've hundred dollars than
thousand dollars and shall be impt uned not les than
SIX months nor more than two years.
SECTION 2. Be u tHasied BY he authority df0regdd,
That il any person shall Abduet take, carry from the
limits OF this State any white citizen Of tts state or
any white nea-rosident being at the time within the lin
h o ihs stare or tlall cause procure, asast dr aid
the abduction, taking carrying from the this
STATE any sueh citizen or nonresident unless such person
~ hbuuetd taken or carried without the limits II the
State shall be duly delivered up Hpon the ruiston or
demand Of the Executive authority Of other State
IN conformity with the provisions of the Constitution Of
he United States in that behalf uu the perion no
abducted taken carried away shall belong the land
or naval service Of the United States, to the mit
when In actual service such person or persons so offend
lug shall he guilty OF felony and upon thereof
shall Forfeit and pay fine Of less than i've hundred
dollars more than two thousand dollars and shall le
Imprisoned not less than six months than two
years
SECTION o. Be II enacied by he authority aforesai,
That II any person persons shall make procure OF
be made any affidavit fr statement under oath
or Affirmation, for the purpose with the intent pre-
curing or causing the arrest white citizen This
state or any white non-resident being at the time with
in the limits of This state before any person prrsona
notauthozed by the laws o this State OF the Unitsi
States TO take such affidavit deposition statement
under oath or affirmation, with the intent of procuring
Causing the arrest OF white citizen OF this State
ANY Will nonresident as aforesaid, by Huy person acting
uhed States and not acting by virtue OF legal process
or shall make such affidavit with the intent procuring
out OF the limits O this state any white citizen OF this
sta or any white nOn-reHden aforesaid contrary
Tie laws OF this state or OF the United States such
50 Offending shall he guilty Of felony aud upon conye
on ihsreof shall forfeit aud pay e # not less than
line hundred dollars than two thousand dollars
anu hhall he imprisoned not less than six months nor
more than two years,
SECTION !. Ind BE- further eadefsi by ho authority
J'ssdid That the Judges presiding at tile April erm
The Court OF uenera Sessions OF the Peace aud Jail De-.
livery In Sussex and Kent Counties, tho May rurn
Of said Court IN New Castle County shall give Seotous
aud Of this act specially ln charge t. ths Gfnna
Juries in the respective cOuutiss.
l. John b. Pennington, Clerk Of the lIouse Of Repre-.
sentave5 OF the OF Delaware being authorized by
Resolution Of said House 10 have the foregoing act
ed An prevent Illegal Arrests in this state
published in The Jopi1iai dnd Ad'esmdEh Deidtpl-
rsah aud the " G9orgef9pn Mssenger, Tor the period
OF two moaths, do hereby certify thAt the aud
foregoing Is true copy of said act passed al Doyer Fob
iuiry -, 1868
Clurk OF tile House Of Representatives, this 26th day
March, A. Il. one thousand eight hundred and sixty