Delaware State journal and statesman., 1863-05-05
pu Lie ACES.


IN THIS STATE.
wHEHRAs the people Of hs siato, both by the Consil
tuition the United ami tho Consultation Of the
State Of Delaware have the right to be In their
peeons houses papers and ELECTS against unreasonable
searches aud selzures aud the eectualy
II guard the personal bertyoi the people, the Uoustu
ton Ut the United states expressly provides that per
shall he deprived Of e berts or property with
dus process law aud the Constitution Of the state
of Delaware provides thnt the accused " shall not he
compelled II give evidence against himself shall be
deprived OF no. Liberty ur property unless by the iulg-
lneni o. Ills eers or tie law Of the lamd;" aud whereas
citizens Of this sae 10 violation of tho provisions Of the
Coasitu ion Of the United States and NJ the Constitution
the OF Delaware have been arrested and taken
ut of the Stats aud deprived Of their liberty Now,
therefore.
Repn senidiires n ne Ntfe " btimnf IN Gfrai A.
senijiy met Thai It any person persnns shall within
the limits Of This state arrest CAUSE procure aid In
the arrest N any white citizen OF this state or OF any
white nonresident being at the time within the limits at
this state unlvss such arrest shall be made upnu legal
process Issued tor tat purpose hy judge Justice OF tbs
Peace other officer duly authorized u Issue pro-
cess in criminal or civil proceedings by tho laws nf Ills
State Of the United States unless such arrest Lee
made TO prevent breach Of peace, the commission 81
crime against the laws this State VI tho United
States-anI ia all eases wbcr- arrests shall h., made to
prevent breach of the pearr The commission vt
rrime against thu Laws Uf this State OF the United
States tbs person or persnps ~ HfrH ted shall DO oti-
with aud without any intcrmuiiia Incarceration taken
before Judge. Justice tue Peace, other officer duly
authorized IL Issue profess 10 criminal tu 10 dealt
with according 10 tie course Uf tue tOmmnn law OF tie
statute in such csse made and provided and shall be- re-
leased from imprisonment unless then aud there
I
shall BE- lard 1t the ease bu balae otherwise dealt
with according tho course ut common law or ni the
statute Ia such casa made aud preNIeior uuleHs the
person arrested belong 10 the and naval service at the
United states or TO tine militia In actual aeryc, such
person or persons olendug shall he guilty nj ioouy,
aud upon conviction thereof shall tnleit pty ne
Ut no loss than five hundred dollars THAI two
thousand dollars, and sha be imprisoned not less than
ak months nor more than twn years
sRirOS . Ne rndfiri By he authority dJ0reiaid
That IL amy person sha abduc take, carry from tho
limits Of ills stale, any white citizen ct this state.
al rf.ra IlaFu hahn AT sol M
its OF this state, Ur shall rtHst, procure, assist Md
tue abduction taking carrying fiu the Limits of this
stale ANY such citizen or Nonresident unlcs. such person
80 abducted, hsen Of carried without tie limits Of the
State, shall he duly delivered up epin the rouisiou or
demand Of the Executive authority uf other state
n conformity wan mo provisions al the tohsuton al
tho United states IN that hrla tho pers0u
abducted, taken ar CARRIED away .ai iullng to the land
or naval service OF the United states, ~ the miitt
wlel in actual service person persons offend
ing shall be- guilty ui felony aud upon thereof
shall iueit and pay fne at not less than tive hundred
dollars more han two thousand dollars and snail he
mprlsonei not less than six months nor than two
years
SECTION g. b. il tndc'ei By tie authority dEfcsaAi
hal ii any person persons shall make PROCURE or
cause To he made, any AFFIDAVIT statement under oath
CT aifmaun FOR M purpose or With the intent o pro-
curing OF causing the arrest II any white eizan OF lila
state or any hte nonresident being the ma with.
III the limits Of is ate before ATTY person on persons
notaulhoted by tho laws Of this STATE, Of the DATED
States TO take such affidavit DEPOSITION or statement
under oah or aiirmaion Win ths intent of procuring
causing the arrest Of ANY white o4 uf this state 1r vi
any white tsiient AS aforesaid by any person acting
under the military authority Of any other State of the
lhed States and not acting by virtue legal process
or shall make such affidavit with the inteut procuring
OF causing M abduction, REMOVAL Ia sing, Carrying
out Of the limits Of this state any white N4an ut this
sta e. or any white nortsiieni as Orsaid contrary Ia
tile laws OF this state tie United STATES tur u,r
50 Offending shall 10 guilty n felony, and upon conyic
ton thereof shall forfeit aud pay tine less than
tine hundred dollars mora tu,n two thousaud dollars
and tlal he imprisoned le.s than xix months noi
more than two years
Section : Ahd be il fH3lsr eadciei By Tie auilo,ns
U~,sdM llAi lhe judge presiding at the April Term
tho Court OF utneral sisios tue Peace aud jail De
livery IN Sussex and Kent Counties aud at the May Tenn
81 sad Couit IN New C.atl County, shall give section
9aud OF this act specially IN charge 10 tho Granl
Juries in the respective counties
l. john u. Pennington, Clerk of tho House Of Reprs
senatves OF the stauui Delaware being authorized b,
Resolution OF said House 10 have tho foregoing act "a
titled An act toprevrnt Illegal Arrests in ills state,
published Ia The JOnnli ant Nafesman,' Ipiaipl
ran and the Geer1eipri MeseHgcr ior the perol
Of iw9 mouths, do hereby certify mat tho atovo an,
foregoing true eoly of said act passed bower Fer
rtAry -, ieGS.
In witness Whereof have hereuntn Jet my hand Al
Clerk o the House OF Representatives, this 2ul d,y 4,
March, A. u. one housanh pi1ht hundred and sixty
three' JOHN u. PENNINGTON,