                          DELAWARE BILL OF RIGHTS

              (Article I of the 1897 Constitution of Delaware)
                           As amended to 1974

                                ARTICLE I

                              BILL OF RIGHTS

                            FREEDOM OF RELIGION

     Section  1.   Although it is the duty of all men frequently to  assemble 
together for the public worship of Almighty God;  and piety and morality,  on 
which  the prosperity of communities depends are hereby promoted;  yet no man 
shall or ought to be compelled to attend any religious worship, to contribute 
to the erection or support of any place of worship,  or to the maintenance of 
any  ministry,  against his own free will and consent;  and no power shall or 
ought  to  be vested in or assumed by any magistrate that shall in  any  case 
interfere  with,  or in any manner control the rights of conscience,  in  the 
free  exercise  or religious worship,  nor a preference given by law  to  any 
religious societies, denominations, or modes of worship.

     Section  2.   No religious test shall be required as a qualification  to 
any office, or public trust, under this State.

     Section 3.  All elections shall be free and equal.

     Section 4.   Trial by jury shall be as heretofore.   Provided,  however, 
that Grand Juries in New Castle County shall consist of fifteen members,  one 
of  whom  shall  be  selected  from,  and  shall  be  a  resident  of,   each 
representative  district in said County,  and the affirmative vote of nine of 
whom  shall  be necessary to find a true bill of indictment;  and  the  Grand 
Juries in Kent County and in Sussex County shall consist of ten members,  one 
of   whom  shall  be  selected  from,   and  shall  be  a  resident  of  each 
representative district in the County in which he or she is selected, and the 
affirmative  vote of seven of whom shall be necessary to find a true bill  of 
indictment.


    Section  5.   The press shall be free to every citizen who undertakes  to 
examine  the  official conduct of men acting in a public  capacity;  and  any 
citizen  may  print on any subject,  being responsible for the abuse of  that 
liberty.  In prosecutions for publications,  investigating the proceedings of 
officers, or where the matter published is proper for public information, the 
truth thereof may be given in evidence; and in all indictments for libels the 
jury may determine the facts and the law, as in other cases.

    Section 6.  The people shall be secure in their persons,  houses,  papers 
and possessions,  from unreasonable searches and seizures;  and no warrant to 
search  any  place,  or  to seize any person or thing,  shall  issue  without 
describing them as particularly as may be; nor then, unless there be probable 
cause supported by oath or affirmation.

    Section 7.  In all criminal prosecutions,  the accused hath a right to be 
heard  by  himself and his counsel,  to be plainly and fully informed of  the 
nature  and  cause of the accusation against him,  to meet the  witnesses  in 
their  examination face to face,  to have compulsory process in due time,  or 
application  by himself,  his friends or counsel,  for obtaining witnesses in 
his favor,  and a speedy and public trial by an impartial jury;  he shall not 
be  compelled to give evidence against himself,  nor shall he be deprived  of 
life, liberty or property,  unless by the judgment of his peers or by the law 
of the land.

    Section  8.   No  person  shall for any indictable offense  be  proceeded 
against  criminally  by information,  except in cases arising in the land  or 
naval  forces,  or  in the militia when in actual service in time of  war  or 
public  danger;  and  no  person shall be for the same offense twice  put  in 
jeopardy of life or limb; nor shall any man's property be taken or applied to 
public   use  without  the  consent  of  his  representatives,   and  without 
compensation being made.

     Section 9.   All courts shall be open;  and every man for an injury done 
him in his reputation, person,  movable or immovable possessions,  shall have 
remedy  by the due course of law,  and justice administered according to  the 
very  right of the cause and the law of the land,  without sale,  denial,  or 
unreasonable delay or expense;  and every action shall be tried in the County 
in which it shall be commenced,  unless when the judges of the court in which 
the  cause  is  to be tried shall determine that an impartial  trial  thereof 
cannot  be  had  in that County.   Suits may be brought  against  the  State, 
according to such regulations as shall be made by law 

.    Section  10.   No  power  of suspending laws shall be exercised  but  by 
authority of the General Assembly.

   Section  11.   Excessive bail shall not be required,  nor excessive  fines 
imposed, nor cruel punishments inflicted;  and in the construction of jails a 
proper regard shall be had to the health of prisoners.

   Section  12.   All  prisoners  shall be bailable by  sufficient  sureties, 
unless  for  capital offenses when the proof is positive or  the  presumption 
great;  and  when persons are confined on accusation for such offenses  their 
friends and counsel may at proper seasons have access to them.

   Section  13.   The  privilege  of the writ of habeas corpus shall  not  be 
suspended,  unless  when in cases of rebellion or invasion the public  safety 
may require it.

   Section 14.  Commission of oyer and terminer,  or jail delivery,  shall be 
issued.

   Section  15.   No  attainder shall work corruption of  blood,  nor  except 
during  the life of the offender forfeiture of estate.   The estates of those 
who  destroy  their  own lives shall descend or vest as in  case  of  natural 
death, and if any person be killed by accident no forfeiture shall thereby be 
incurred.

   Section 16.   Although disobedience to laws by a part of the people,  upon 
suggestions  of impolicy or injustice in them,  tends by immediate effect and 
the  influence of example not only to endanger the public welfare and safety, 
but also in governments of a republican form of government    contravenes the 
social  principles of such governments,  founded on common consent for common 
good;  yet  the citizens have a right in an orderly manner to meet  together, 
and to apply to persons intrusted with the powers of government,  for redress 
of grievances or other proper purposes, by petition, remonstrance or address.

     Section  17.   No standing army shall be kept without the consent of the 
General Assembly,  and the military shall in all cases and at all times be in 
strict subordination to the civil power.

     Section 18.  No soldier shall in time of peace be quartered in any house 
without  the  consent  of  the  owner;  nor in time of war  but  by  a  civil 
magistrate, in manner to be prescribed by law.

     Section 19.  No hereditary distinction shall be granted,  nor any office 
created  or  exercised,  the appointment to which shall be for a longer  term 
than during good behavior;  and no person holding any office under this State 
shall  accept  of  any office or title of any kind whatever  from  any  king, 
prince, or foreign State.

WE  DECLARE  THAT EVERYTHING IN THIS ARTICLE IS RESERVED OUT OF  THE  GENERAL 
POWERS OF GOVERNMENT HEREINAFTER MENTIONED
