Page:The Federal and state constitutions vol1.djvu/624

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582
Delaware—1831


CONSTITUTION OF DELAWARE—1831[1][2]

We, the people, hereby ordain and establish this constitution of government for the State of Delaware.

Through divine goodness all men have, by nature, the rights of worshipping and serving their Creator according to the dictates of their consciences; of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and, in general, of attaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for the due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness. And they may for this end, as circumstances require, from time to time, alter their constitution of government.

Article I

Section 1. Although it is the duty of all men frequently to assemble together for the public worship of the Author of the universe, and piety and morality, on which the prosperity of communities depends, are thereby 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 of religious worship; nor shall a preference be given by law to any religious societies, denomination, or modes of worship.

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

Sec. 3. All elections shall be free and equal.

Sec. 4. Trial by jury shall be as heretofore.

Sec. 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 such subject, being responsible for the abuse of that liberty. In prosecutions for publications investing the proceedings of officers, or where the matter published is proper for


  1. Journal of the Convention of the People of the State of Deleware which assembled at Dover in the year of Lord, One thousand eight hundred and thirty one, and the Independence of the United States, the fifty-sixth. Wilmington: Da; R. & J. B. Porter, Printers, pp. 129. — “Journal in Committee of the Whole of the Convention of the People of the State of Deleware, which assembled at Dover, in the year 1831, and of the Independence of the United States the fifty-sixth. Wilmington, Del: R. & J. B. Porter, Printers.” pp. 44. — “Debates of the Deleware Convention for Revising the Constitution of the State, or adopting a new one. Held at Dover, November, 1831. [Reported for the Deleware Gazette and American Watchman] by William M. Gouge, Wilmington, Del. Printed and Published by Samuel Harker, No. 4 Market Street” pp. 264. Index.
  2. This constitution, which is that originally adopted in 1792, with important amendments, was framed by a convention which met November 8, 1831, and adjourned December 2, 1831. It was not submitted to the peoples.