Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-04-26

0uence mas rlgnb 10 pe lniorneu VI
the charge. to be allowed counsel, to
be confronted with the accusers or wit,
nesses, to examine evidence on oath in
his favor. and to speedy trial by an
impartial jury, without whosn unani- |
nous consent he ought not to be found /
guilty." A man ought not to be COM
PEELED to give evidence against himself
In the courts of common law. En- |
cessiye bail, excessiy Q fines and cruel or |
unusual punishment are condemned.
Warrants without oath, and general
warrants are declared to be illegal;
| they ought not to be granted.
| A well-regulated militia is the proper,
natural and safe defence of a free gov
eminent. Standing armies are danger
Gus to liberty and ought not to be
raised or kept UP without the consent
OF the Legislature. The military power
should always be subordinate to the
civil power. In time of peace no soldier
should be quartered in any house with
| out the owners consent: and in time
| of war, only as the Legislature shall
direct.
1.-THE independence and uprightness
of judges are essential to the impartial
administration of justice and great
security to tho rights and liberties OF
the people,
The committee to frame a oonstitu-
tion was appointed by the convention on
September It'll. Mr.. Read was chairman
and Mr.. Mexican was one OF the mem
bers According to one account the
committee reported on the l4th. After
second reading on the 18th, the report
was recommitted. 1t was reported again
on the 18th, partly agreed to on the
18th, and fully approved on the goth.
The oonv ention was dissolved the next
day. The records of the deliberations
are rueagre. One writer says that the
yeas and nays appear but once upon the
journal. They were taken upon the
question of expunging those parts OF
, one of the articles, which excluded
. clergymen, while exercising their pas
j toral functions, from holding any civil
offices in the State. Thore was largs
, majority against the proposition. Only
! six voted for it, among them being
Mexican and Van Dyke.
The first Constitution OF Delaware
consists Of thirty articles. The name of
the government is fixed as the Della
: ware State. The legislative power is
E vested in a Legislature, consisting OF
. two branches: The House of Assembly,
, consisting of seven members for each
Q county, freeholders elected annually,
and the council, of three members for
s each county, to be elected for three
year terms, when rotation is provided
n for. Members of the council must be
Q freeholders upwards of % years of age.
It Freeholders have the right of suffrage
9 in the election of members for both
y houses. Each house chooses its OWE
n officers. judges of the qualifications Of
d its own members, settles its own rules
1t of proceedings and directs writs o
/. 1 alaot;,,n FOR supplyipU iDtarmadiatf
u vacancies. 1t can expel members fol
b misbehavior, but not twice in the SAINT
10 session for the same offence, II the.
Of are re elected. The houses shall hay,
N all other powers necessary for the Leg.
TO stature of a free and Independent
IS State.
Or Money bills must originate in tn
re House of Assembly and are subject t.
J, the action of the council. Other bust
ness may originate IN either house
,e and be altered, amended, or rejeote'
w by either. The two houses shall Away
al meet at the same time and place. b
of joint ballot they shall appoint all tn
officers in the army or navy of tn
as State The two houses have the COVE
K to make 1.-THE Great Seal of Della
u ware,' which is to be affixed to a
n, laws and commissions. Every Perso
IA, chosen to be a member of either house
CT appointed to any Office or place c
IS, trust, before taking his seat, or enter
I'd leg upon the execution of his office
X, shall take an oath or affirmation
las bear true allegiance to the State,
submit to its Constitution and law
re-, and to do nothing that may preiudic
hn its freedom. Each. also, must profei
Tx, faith in the Holy Trinity, and acknow
FPS edge tine holy scriptures of the Old an
4 ont IN ha 0iuan nv iii uir
er- inspiration.
III 1t is provided that the first electio
To- for the General Assembly shall be bel
i" on October 21st, and its first meetir
tds begun October 2Sth. The members
the house shall hold office until Oct
ion her let, l777. at which date and al
nd nually thereafter, elections shall
red held. To prevent trouble persons mu
the not come to the elections armed, ar
en- the militia is to keep its hands Of
of In case any other voter objects,
be battalion or company shall not give
ess their votes Immediately succeediI
EN- each other.
ill, The executive power is vested
es. the president and privy council. II
oily president shall be chosen by ioi
oily ballot of both houses. In case of
TIA tie of the highest votes the speaker
on. the legislative council shall have
ent additional vote. The Presidents ter
Cd, is fixed at three years, and person
Mr.. not eligible for reelection until thr
, a years more have passed. The pri
,ort council shall consis of four member
tier two to be elected by each house. PI
ed. vision is made for rotation, and
fol- term is three years. The preside
and may draw for appropriations made
ARE the general assembly and be
lent sponsible to the assembly for the
.ent BY and with the consent of the pri
hus council, he may lay embargoes or pl
as hibit the expectation of any commod
lion for any time not exceeding thirty da
in the recess of the assembly. He sh
nty have the power of granting pardons a
all reprieves, except in cases In which
rom House of Assembly, alone, has
My, power to take such actions. He n
d of exercise all the other executive pow
n Of of government, limited and restrain
and as by the Constitution as mention
sgu- and according to the laws of the Sta
With In case OF his death, inability, or
the sence from the State, the speaker
are the House of Assembly shall fill
for position until the General Assem-
or makes new nomination. Army &
ions navy officers are not eligible to
and privy council, and q member of
neut Legislature would lose his seat VI
the becoming u member of the pr
FIX. ,oyno,l ranord of tho a1vioa 9