Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27


failure TO concur as aforesaid shall operate
as Il reversal of the Judgment of the courS
below: provided, however, that such con-
c,lrrencc of the judges sitting in the Su-
prene Court shall not be necessary for
the ailirmancc of the judgment of the
court below where tho appellant shall
fail to prosecute his appeal pursuant to
the rules and practice herein provided
for.
Section 0. The enumeration of the Of
lenses mentioned in Section of this Ar
ticle shall not preclude the General AS
seJnbly from defining and providing for
the punishment of other offCnscs against
the freedom and purity of the ballot, or
touching the conduct, returns OF ascer-
tainmcnt of the result of general. special
or municipal elections, or of primary cleo
tons, conventions or meetings held for the
nomination of candidates to he voted for
Mt general. special or municipal elections.
No prosecution under any act of the Cen
cral Assembly passed pursuant to this
section shall be subject to the provisions
Of Section s of this Article.
ARTICLE Iv-IMPEAcHM ENT AND
TREASON.
Section 1. The House Of Representa-
tives shall have the sole power of i'm
peaching; but two-thirds of all the mem
bors must concur in an impeachment.
All impeachmcnts shall be tried by
the Senate, and when sitting for that
purpose, the Senators shall be upon oath
or affirmation to do justice according to
the evidence. No person shall be con-
victed without the concurrence of two
thirds of all the Senators.
On the trial of an impeachment against
the Governor or Lieutenant Governor. the
Chief Justice, or. in case of his absence or
disability, the Chancellor shall preside;
and on the trial of all other impeachments
the President of the Senate shall preside.
Section .. The Governor and all other
civil officers under this State shall he
liable to impea chment for treason, brib-
cry, or any high crime or msdemeanor in
office. Judgment in such cases shall not
extend further than to removal from
office. and disqualification to hold any of
lice of honor, trust, or profit, under this
state; but the party convicted shall, never
thrless, be subject to indictment, trial,
Judgment and punishment according to
law.
Section 3. Treason against this State
shall consist only in levying war against
1t, or in adhering to the enemies of the
Government, giving them aid and COM
fort; No person shall be convicted of
treason, unless on the testimony of two
witnesses to the same overt act. or on
confession in open court.
ARTICLE VII-PARDoNs.
Section /. The Governor shall have
power TO remit fines and forfeitures and
to grant reprieves combinations of SEN
tence and pardons, except in cases of i'm
parchment: but no pardon. or reprieve for
more than six months, shall be granted nor
sentence committed, except upon the re-
commentator in writing of Il majority
of the Board of Pardons after full hear
ing. and such recommendation. with the
reasons therefor at length, shall be filed
and recorded in the office of the Secre-
tary of State, who shall forthwith notify
the Governor thereof.
He shall fully set forth in writing the
grounds of all reprieves. pardons and re-
missions, to be entered in the register of
his official acts and laid before the Gen
eral Assembly at its next session.
Section 2. The Board of Pardons shall
be composed of the Chancellor Iieuten-
ant-Governor, Secretary of State. State
Treasurer and Auditor of Accounts.
Section 3. The said board may require
information from the Attorney General
upon any subject relating TO the duties of
said board.
ARTICLE vIII--REyENUE AND TAXATION.
Section ]. III taxes shall be uniform
upon the same class of subjects within
the territorial limits of the authority levy
ing the tax, and shall be levied and col
lected under general laws, but the Gen
eral Assembly may by general laws ex-
empt from taxation such prorepty as in
the opinion of the General Assembly will
best promote the public welfare.
Section 2. All bills for raising revenue
shall originate in the House of Reoresen-
tatives; but the Senate may propose al
terations as on other bills; and M bill
from the operation of which. when passed
into law, revenue may incidentally arise
shall be accounted bill for raising rev.
enue: nor shall any matter or clause what
ever not Immediately relating to and n c S.
sary for raising revenue be in any manner
blended with or annexed to bill for rails
ing revenue.
Section 3. No money shall he borrowed
or debt created by or ON behalf of the
State but pursuant to an Act of the Gem
eral Assembly, passed with the concur
renee of three-fourths of all the menu
bers elected to each House, except to sup
ply casual DEFICIENCIES of revenue, .repel in
vasion, suppress instructions, defend the
State in war, or pay existing debts: and
any law authorizing the borrowing of
money by or on behalf of the State shall
specify the purpose for which the money
is to he borrowed. and the money so bor-
rowed shall be used exclusively for such
purpose; but should the money so hor-
rowcd or any part thereof be left after
the abandonment Of such purpose or the
accomplishment thereof, such money, or
the surplus thereof, may he disposed of
according TO law.
Section 4. No appropriation of the pub
lie money shall be- made to. nor the bonds
of this State he issued or loaned to any
county, municipality or corporation, nor
shall the credit of the State, by the guar
antee or the endorsement of the bonds or
other undertakings of any county, mu-
nicipality or corporation, he pledged other
wise than pursuant to an Act of the Cen
eral Assembly. passed with the concur
renee of three-f0urths of all the members
elected TO each House.
Section >. The General Assembly shall
provide for levying and collecting capita
ton tax from every male citizen of the
State of the age of twenty-one years or
upwards; but such tax to be collected in
any county shall be uniform throughout
that county, and such capitation tax shall
be used exclusively in the county in which
it is collected.