Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-04-30
PUBLIC AUl'a.


AN ACT TO PREVENT ILLEGAL ARRESTS
IN THIS STATE.
WHEREAS the pcple Of hi, 9atc both by the Consti
tuition Of the United STATE. ant the Constitution OF tue
State Of Delaware, have the right 10 lie In their
pc sons houses, papers ant effects against unreasonable
searches seizures and whereas the more efocnally
Il guard the pursona lberiyof tia people, ihs Consu
ton the United States expressly provides that no per-
son shall be deprived Of life, lilert property with
out profess Of law aud tho Constitution 0f tho state
81 1, lawaro povtes that the accused shall net %
tpmpelni IL give evidence against himself nos shall lie
deprived Of lie liberty prVpetty unless by the judy
nent OF his peers tile law o tho hhd" and whereas
citizens OF ihs ste, ia viola iOa of III provisions vi the
Copsu ion OF the United States and Of the Constitution
II tie state of Delaware, have heen arrested and taken
MT OF the State and deprived Of their liberty Now,
therefore.
ReDr senidtires gf The State Of Deiipare GesrH A.
sealbiy That il person perspns shall within
the limits Of ihis state arrest procure aid In
thu arrest Of any white citizen OF this state Of auy
white nonresident bong at the time within the limits nj
this state unrss such arrest shall he made upon legal
process issued fr that purpose by Judge Justice OF the
ttc, other ulctr duly authorized 10 issue pro-
cess In criminal Or ciyil proceedings hy tho laws Of this
State of the United Statts unless tueh arrest be
made to prevent breach OF peace, Or be commission Of
crime against the laws OF his state Of tho United
Siitennd IN all CASES where Anes4 shall he made To
prevent breach If the pence The commission Of sone
crime against the laws Of tnis state o. at the United
states hv person persons ted shall be forth
with and without any iuteneihte Incarceration taken
before Judge, Justice Of Peace, ntlur officer duly
authorized issue process in criminal to lie dealt
with according the Of thu law Of the
in such made and pruv led and shall be
leased from imprisonment O arrest unless thea AID there
duly charged On oath OF affirmation, aud Ii 50 charged
shall be haed ii be cAss be baAble or otherwise dealt
with according the course OF common law o. OF the
statute In such case maze and pr0yded-or unless the
person arrested belong 70 the Land naval service q the
United states tn the militia IN actual service such
person or persons SO offending shall lie guilty OF felony,
and upon conviction thereof shall tieit anu pay Tine
Of not less than i've hundred dollars more THAI two
thousand dollars, and shall be impr- ned not les than
Blk months nor inare than two ears,
skuriuS .. BE Il tiaCtei by tie authority aforesaid,
That any person shall ahduct take, carry from the
Hlt afu rel 44ftr - AFafa AT
any white Ou-resident being al the time within the n-
its Of this state, shall procure, aid
the abduction taxing OF carrying from liz limits OF this
state any such cit zen or nnnssd MT unless such person
RO abducted taken CHTrtd without the limits If tile
State, shall he duly delivered w tpon the fquistnn on
demand OF tho Executive authority other sntu
in conformity with the pr Visions OF the fnnsutnn u
the lntd States IN thar bthalt OF un oss the iertOn
abducted taken OF carried away ha'l heluug TO tfi
OF naval service OF the United slaie or 10 the mliti
when in actual servce, suh person persons offend
Ing shall be guilty ct ony, and upon conviction thuttp
shall forfeit aud pay fine OF not rs than nee hundred
dollars mOrl than two housand dollafs, aud shall b,
Imprisoned not less thAn six months than tw
years
sKcrloN .. b. il tnac'ci BY he authority aforesaid
That II any person or persons shall ahe pruuute o
cause To lp made, amy affidavit siten5ut under cAti
or ahrnaun for tho PURPOSE NJ with the intent Of pr
curing causing the arIo't II any white citizen Of hi
state or any hte non-resideht bong at tho time with
IN the limits 81 'his sh'n before any person or person
nntAuthorged by tile laws OF this state OF the units
States, 10 take such affidavit, deposition, abatement
under cath or nirnatun vi thp intent Of reeuting
causing the arrest Of any white cth-u OF this State
any WINE homiesl1eht as aforesaid Wy any perhoh "ciln
uhet lh mllai{ authoi9 q my olher slate Or OIL III
uhliel states Ad not actB ny NHiueo legal process
"r Si mhNv ah,h AhlhYt WIN me intent 81 pf0cu5lh
u causing lht abdurilon' ithoNa taking, or cAtyln
Ontoi ne limits n TINS stats any while eiliAfh n tn
STA - or any whue oh-rtsdti 40 hnlealu, contrary
Tue nWs ot hs staie on o. h United STATES snrh rers
So offending snai 10 guhly o. i9ony' aud upon cnhti
non thereof ha,l iefell a.u pay hHe not .etS IA
nue. hundred dollars nor nofe than Two thVusAad dollar
anu email bu imprisoned not letE tnnn six nonls NJ
. more lhHn Two years
s"Wloh J. Ahd DC Il i"FHef f.daet ~ re nnMmt
Etnff . Itlt tIs
the Count q General Sessions Of the Peace aud Jall j
iV0iy ~ sussex ana Kent Counties ahl at thu May Ter
nt sad Court ~ New uast County, shall give seciio
and a. th'S act specially III Charge t. tile Graz
Juries in the respective eohntitH
]. John y, PtningoHi Clerk vi the House Of Rep
sent'l'es u The STATE oil Dea"Alt bong authorized
dissolution Of said ioase TO have the tutegOius act
ukd An act 10 prevent Illegal Arrests IN this stat
published IN e. we IoWhH 9nd statesman" % Dclph
ram and the IS GttradpTh Messenger, Tor the peri
OF lwl months, dn h4ruly certify inht the above n
foregoing Is true copy If SAID act passed al Dover, re
I, - m Witness he, oof, hays lereqao ,yt ny nd
n,rs IL a, ss,G iI I,u ms "n ti 10y
tbrco. JoiiN II. PENNINGTON,
7 ar a'2m cie'k Of tho House oil Representatives
Az Acp m spCtfRT TuE rprrnoN ,
I'd ~ ~ -, ~, ~ -, ,,,,,
hhEN lpAo lN 4HlS SlAlE-
WHEREAS The C1nsltui On Of this state d, clatcs n
M lie fr,o Il tvl.