Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-05-08
PUBIC ACrs.
AN ACT TO PREVENT iLLldAL ARRESTS
~ rtTg pTArp

IN THIS STATE.
wnHRRAs the people Of thia STATE, both by the Const
tuition VI tho United States anu tho Constitution OF the
State Delaware the right ito he in their
PERSONS houses and effects against unreasonable
searches and seizures and whereas the eectuaY
guard the personal bertyof the people III, Constu
ton OF the United States expressly provides that per-
shall be- deprived OF lie liberty property With
out due process Of law and the Constitution Of the State
VI Delaware provides that the accused " shall not he
compelled t. give evidence against himself shall be
deprived OF HE bry-or property unless by the jude
ment his peers the law OF thu iand;" aud whereas
citizens Of this In violation OF Tbs provisions 81 the
Cousiitu ion Of the United States and of the Constitution
If the state Of Delaware have been arrested and
ut ct the State and deprived Of their liberty Now
ssciioS l. ne il snaeed BY he Sen NE dnd Iiou,e Of
Representatives. Of he State Of Beitlpre IN Gferdi As
senbiy met That II any person persons shall within
the limits NJ this State arrest cause, procure aid in
the arrest OF nay white citizen Of this stare OF any
Nhte nonresident being at the tlme Within the limits Of
this State uHless such arrest shall he made upon legal
process issued for that purpose by Judge Justice OF the
Peace or some other officer duly authorized TO issue pru-
cess criminal civil proceedings by the laws OF this
State or the United States unless such arrest DO
made to prevent hraiqh Of peace or tho commission VI
crime against the laws this State United
states-and IN all where arrests shall be made to
prevent breach Of the peace tbs commission Of some
crime against the laws ct thi State Of the United
stAte the person persons 80 ted shall be forth
with and without any intermediate Incarceration taken
before Judge, Justice Of the Peace other officer duly
authorized to isaus pros in criminal be dealt
with according to the of the law Of the
statute 10 such made and provided, and shall he
sod from inprsonmen OF arrest unlea thou and there
duly charged on oath or affirmation, aud II charged
shall hs luud ii the be- hAillhe otherwise dealt
with according the course common law or OF the
statute in tnch case made and providedor unless the
arrested belong to tho land naval service uf the
tniiei states, or TO tue militia in actual service, such
person persons offending shall lie guilty Of felony,
and upon conviction thereof shall i1feit and pry hne
Ut not lees than I've hundred dollars than
thousand dollars and shall be- imprisoned not les than
six months more than two years.
| sKciiOH .. BE u Enacted by me authority aforesaid
That If any person shall abduut take or carry from ts
limits Of hs state any white citizen Of this State
any white ou-resident being at the time within the lin
Is Of mr. tpa fi
the abduction taking carrying from the limits Of h
state any such citizen nonresident unless such person
State shall be duly delivered up Upon the requsitiOn Of
demand Of the Executive authority Of other State
in conformity with tho provisions Uf the Constitution
tie ned states IN that hetL or uu tss tho person
abducted, taken carried away shall belong To the LAM
or naval service Of the United States, Or to the m
when ~ actual service suh rs"n ur persons 10 offend
lug shall he guilty OF felony. upon tlrrtn
shall forfeit aud Fay hne Of not less than i've huudrrt
dollars more than two thousand dollars and shall b.
Imprisoned not less than sK months nor more than tw
| years.
SECTION s. BE- il enaciei by Tie authority Aforesaid
That II any person persons shall make, procure,
cause to be made, any AFFIDAVIT statoulsu under uat
or affirmation for the purpose or with the intent ct nr
curing OF causing the arrost Of uy white citizen Of hi
STATE, any white non-resideut beng at the time with
In the limits of this s. ate before any person or nsrsDn
notauhulzed by the laws OF This State or Of the lutte
States TO take such aldAvit deposition, slaenen
under oath or atirmalou viii the intent OF procuring
causing the arrest OF amy whit" citizen OF this state
ANY white nonresident aforesaid by any person actin
under the military authority of auy other State or VI tn
hhlAeu otthi ny NlFlie 81 legal process
or shall make such affidavit with the inteat pruculn
d causing the abduction, IvnO,H taxing, oNryin
cat u the uits Of this state any citizen OF til
Stae or ANY white resident aforesaid, contrary
the laws OF this state OF the United states perso
81 offending shall lie guilty OF felony, and upon
ZION thereof shall forfeit aud pay tins Ct not tina
tine hundred dollars more than thousand dollar
and .all be imprisoned not less than six mouths
more than two years.
StcTioN !. And be IL f,rilsr egdttei BY he anfioli
dforsdid, That the Judges presiding at the april Term
the Court 0t urrera Sessions nt the Peace aud jail
livery IN Sussex and Kent Counties and the May rs
VI said Court in New CAst' County, shalt give Sectiu
l, and " this act specially la charge t. the Graz
. Iuries In the respective counties.
], John b. P,niBgtcn Clerk of the House Of Repi
soutatives of the state OF Delaware, being auburizsa
Resolution of said House 10 have tue foregoing act
titled in act 10 prevent Illegal Arrests in this stat,
/ uuOiishad II b, N mil U,l