enfuing their election; the majority of whom fhall be a Quorum in every cafe, except as to calling a Convention, in which two-thirds of the whole number elected fhall agree; and whofe duty it shall be to enquire whether the Constitution has been preferved inviolate in every part; and whether the legislative and executive branches of Government have performed their duty as guardians of the people, or affumed to themselves, or exercised other or greater powers than they are entitled to by the Conftitution? They are also to enquire whether the public taxes have been justly laid and collected in all parts of this Commonwealth in what manner the public monies have been difpofed of, and whether the laws have been duly executed. For thefe purposes they fhall have power to fend for perfons, papers, and records; they shall have authority to pass public cenfures, to order impeachments, and to recommend to the legislature the repealing fuch laws as appear to them to have been enacted contrary to the principles of the Conftitution: these powers they fhall continue to have, for and during the space of one year from the day of their election, and no longer.

The

The faid Council of Cenfors shall also have

power to call a Convention, to meet within two years after their fitting, if there appear to them an abfolute neceffity of amending any article of the Conftitution which may be defective, explaining such as may be thought not clearly expreffed, and of adding fuch as are neceffary for the preservation of the rights and happiness of the people: but the articles to be amended, and the amendments propofed, and such articles as are propofed to be added or abolished, shall be promulgated at least fix months before the day appointed for the election of fuch Convention, for the previous confideration of the people, that they may have an opportunity of inftructing their Delegates on the fubject. 20

for you the Voidrags, Boxy of Booo oppoor wood doo the Board of

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DELAWARE.

A

DECLARATION of RIGHTS

AND

FUNDAMENTAL RULES

OF THE

DELAWARE STATE,

FORMERLY STILED,

"THE GOVERNMENT OF THE COUNTIES OF NEWCASTLE, KENT, AND SUSSEX, UPON DELAWARE."

I.

THAT

HAT all government of right originates from the people, is founded in compact only, and instituted folely for the good of the whole.

II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understandings; and that no man ought, or of right can be compelled to attend any religious worship, or maintain any ministry, contrary to or against his own free will and con

fent;

sent; and that no authority can or ought to be yested in, or affumed by any power whatever, that shall in any cafe interfere with, or in any manner controul, the right of confcience, in the free exercise of religious worship.

III. That all perfons profeffing the Christian religion, ought for ever to enjoy equal rights and privileges in this State, unless under colour of religion any man disturb the peace, the happiness, or fafety of fociety.

IV. That the people of this State have the fole, exclufive, and inherent right of governing and regulating the internal police of the fame.

V. That perfons intrusted with the legislative and executive powers are the trustees and fervants of the public, and as fuch accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifeftly endangered by the legislative fingly, or a treacherous combination of both, the people may, and of right ought to establish a new, or reform the old Government.

VI. That the right in the people to participate in the legislature, is the foundation of liberty and of all free government; and for this end all elections ought to be free and frequent, and every freeman having sufficient evidence of

a permanent common intereft with, and attachment to the community, hath a right of fuffrage.

VII. That no power of fufpending laws, or the execution of laws, ought to be exercised, unless by the legislature.

› VIII. That for redress of grievances, and for amending and ftrengthening of the laws, the legislature ought to be frequently convened.

IX. That every man hath a right to petition the legislature for the redress of grievances, in a peaceable and orderly manner.

X. That every member of fociety hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his perfonal fervice when neceffary, or an equivalent thereto; but no part of a man's property can be justly taken from him, or applied to public ufes, without his own confent, or that of his legal Reprefentatives: nor can any man that is confcientiously fcrupulous of bearing arms, in any cafe be juftly compelled thereto, if he will pay fuch equivalent.

XI. That retrofpective laws punishing of fences committed before the existence of fuch

laws,