USA > Delaware > History of Delaware : 1609-1888 > Part 32
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policy occasioned much surprise. Yeates, how- ever, was the instigator of the new enterprise. He had moved from Chester to New Castle, and had there started a business venture on an ex- tended scale. The town was not considered healthy at this time and did not prosper, and the people in the country much preferred to go to Philadelphia to transaet their business than to stop at New Cas- tle. Yeates saw that some barrier must be placed between the seat of his new venture and Philadel- phin, to materially check communication between the two places. This was either to be done by making New Castle the capital of a new province consisting of the three lower connties, or allegiance with Pennsylvania must be severed, and an alliance made with some other colony, the situation of whose capital would not interfere with the com- mercial progress of New Castle. Yeates was shrewd and influential, and secured the assistance of many others. Although the relation between himself and Coutts had for some time past been somewhat strained, he soon found an opportunity to bring abont a reconciliation, since Coutts was at this time by far the most influential man in the lower counties. Their objeet was simply to seenre a separation from Pennsylvania. Coutts signed the petition as Speaker of the Assembly, although it had never been brought before that body and was strictly a private affair, and took it to Lon- don himself. Penn was kept informed of every movement through Secretary Logan and was well prepared for his arrival, although he had at length fost patience with the territories. But this scheme, like its predecessors, eame to naught. Toward the end Coutts attempted to secure the government for himself through bribery, and his co-operators, afraid of his power, again offered Governor Evans the leadership, but he persisted in his refusal. In consequence of this, a dispute arose, which com- pletely disorganized the schemers, and there the matter ended. It is difficult to see that any par- ticular advantage would have been derived, unless to the chosen few. The three counties were not yet sufficiently prosperous to succeed as an inde- pendent colony. It was estimated at the time that each county eontained from one hundred to a bun- dred and twenty families, hardly enough to support a well regulated government when surrounded on all sides by others more powerful in respect to numbers and experience, After the excitement ineident to this last trouble had subsided, the peo- ple quietly settled down, and for the next few years nothing occured to mar the citizens in their peace- ful pursuit of happiness and contentment. The period, however, is at least noteworthy as being marked by a rapid development of the church. As early as 1703 a colony of Welsh Baptists had
The missionaries who were here settled were sent from England by the Society for the Propa- gation of the Gospel in Foreign Parts. Their work in Kent and Sussex Counties was not so easy, owing to the fact that the country was far more sparsely settled and the people scattered farther apart than in New Castle. But this had not de- terred them from sending out their agents. In 1704 the Rev. Mr. Crawford was stationed as missionary at Dover. In about two years he baptized two hundred and thirty people in his immediate dis- triet, besides many others in the vicinity. At the end of the third year they had erected a modest structure in which to hold their meetings. He labored assiduously, being obliged to give many sufficient instruction to enable them to read the common prayers. His plan was to preach one Sunday at the upper end of the county, on the next at Dover, and on the third at the lower end, this coming'in contaet with as many of the inhabit- ants as possible. He was also invited to preach in Sussex County, and in response to this, preached at Captain Hill's house, at Lewistown. The people were much pleased and wrote to the Bishop of London, asking that a Minister be sent to them, and promising all the support they could afford. The construction of'a meeting house was also com- menced there. Mr. Crawford was soon after coni- pelled to return to Fhgland and did not return,
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HISTORY OF DELAWARE.
and for some time neither of the two counties had a regular minister.
In August, 1717, Governor Keith, who had a few months previously succeeded Governor Gookin, desirous of visiting the lower counties, invited Mir. Ross, who was still in charge of the spiritual affairs of New Castle, to accompany him. In company with several others, they first went to Lewistown, and on August 7th Mr. Ross preached there in the Court-House. He remained there several days, baptizing over fifty children, and then went tothe various meeting-houses which had already been erected in the county. He then went through Kent County with the Governor and met with similar greeting. He was so much gratified at the result of his visit, that in April, 171s, he again went through Sussex County, opening a new church that had been built and baptizing many new members. Consequently, the two lower conn- ties were not absolutely without a minister. Mr. Ross addressed a letter to the society in England. urging that a missionary be sent out, and this was indorsed by Governor Keith. The people of Lewis- town had, in Oct., 1720, finished a frame church in the centre of the town and were much rejoiced when, in the following year, the Rev. Mr. Beckett arrived from London to take charge of it. The same success followed which his expectations anticipated, and the work being now on a firm basis, the pro- gress of the Church of England (all the missionary work being independent of the large number of Quakers in the colony) was now well established.1 In the meanwhile the civil affairs of the lower counties had not been neglected. When Governor Keith arrived, in 1717, he immediately examined into the affairs of the territories, and upon the elose of his investigation added another member to the Council from the lower counties, in the person of John French.
In 1719 the Assembly passed an act for the better administration of justice, some of the pro- visions of which are hardly equaled by the famous blue laws of Connecticut, of the seventeenth century. In one respect, however, the act exhibited a tendency toward toleration, viz. : by allowing Quakers to'affirm, as well as all others who might be conscientiously opposed to taking an oath. In this they anticipated similar action by the Assembly of the province by six years, for it was not until 1725 that the Pennsylvania Assembly relieved the Quakers from taking oath. By the terms of the new law, all persons committing robbery, sodomy, buguery or rape were made felons, and punished according to the law of Eng- land (puni-hed by death). Any woman who concealed the death of her bastard child, or any person advising or assisting the woman in killing the child, was guilty of a capital offense and 1 "Delaware Register, " vol. 1., p. 416.
suffered death, as in the case of murder. A: person who out mt er disabled the tongue, put . the eye, slit the nose or lip, or maimed the limh . another, suffered che death penalty, without ben ... of clergy. Worren convicted of felony mig . escape the death soni-liment, and instead wri. branded on the band and imprisoned. The subny. nation of withes-es was punished by a fine of forty pounds. one-half to go to the government and the other to the aggrieved party. In case the offender could not procure the necessary amount in money. lend or chattels, la suffered imprisonment for sis months, and was placed on The pillory for one hour in some public place where the offence wii- committed, and also suffered any other puni-li- ments or disabilities inflicted by the law of England covering the same crime. Any person convicted of s felony made a capital crime by the aet, but who was entitledl by the law of England to the benefit of clergy, if convierted of murder, was taken in open court by the gaoler and branded with an "M" on the brawn of the left thumb, and with a " T" for any other felony. These were the most noteworthy features of the law, which, at least. leaves us to infer that the people were earnestly bent on the suppression of vice.
During the same year the Assembly devoted their attention to more material affairs, especially endeavoring to encourage the construction of mills. It was enacted that in case any one pro- jected buikling a mill, but was unable to con- veniently convey water to his property on account of the intervention of land belonging to another party, which the latter was unwilling to dispose of. he might apply to two justices of the peace for relief. The justices of the peace were to instruct the sheriff to summon six freeholders, who should fix upon the value of the land, and also the los- likely to be suffered by the owner, but they had no jurisdiction in cases where the disputed ground amounted to more than six acres in New Castle County, and to two aeres in Kent or Sussex.
In 1719 permission was granted to Benjamin Shurmer, William Brinkloe and Richard Richard- son to survey the town of Dover and lay it off in lots.
In 1721 Jasper Yeates died, and the vacancy in the Governor's Council was filled by the appoint- ment of Henry Brooke, who had formerly been collector of customs at Lewistown.
During the next five years there was much activity in the lower counties, and many progre -- sive measures were instituted. In 1722 an Orphan- Court was established, to meet what had for sony time been felt an absolute requirement. This new court of record was president over by the justice - of the peace, who met in regular Quarter Session- in each of the three counties and during the satno week that other courts were held, and at such other
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times as were necessary. They controlled such matters as are usually confided to similar tribunals, bat were not allowed to admit any letters of administration in which no bond was required, and no administrators or guardians were allowed to place the money of their wards on interest with- out renewing for a longer time than one year. Shortly after this the legal rate of interest was reduced from eight to six per cent., and the penalty for a violation of the act was forfeiture of the whole sum loaned. About the same time the authorities of New Castle County removed the obstructions in the Brandywine that interfered with the fisheries, and a new outlet was eut for Murtherkill Creek into the bay, in Kent County.
Governor Keith was succeeded by Patrick Gordon on June 22, 1726. He went down to New Castle on the 28th, where a meeting of the Council was held, and summoned the Assembly to meet him on July 20th. At a meeting of the Council on July 25th he issued commissions to David French as attorney-general for the three lower counties ; to Jolin French and samuel Lowman in New Castle County, Robert Gordon and Benjamin Shurmer in Kent, and Henry Brooke and Jonathan Baily in Sus-ex, as judges of the Supreme Court, and also commissioners of Oyer and Terminer and General Gaol Delivery in their respective counties. The justices appointed for New Castle County were John French, Robert Gordon, Joseph England, Charles Springer, John Richardson, James James, William Battell. David Evans, Andrew Peterson, Ebenezer Empson, Hans Hansou, James Dyre, Samuel Kirk, Richard Grafton and Simon Hadley. Those for Kent were Robert Gordon, Benjamin Shurmer, Richard Richardson, Charles Hillard, Thomas French, Mark Manlove, Timothy Hanson, John Hall, James Worrell, Joseph Booth, Jr., John Brinkloe, Thomas Berry, George Nowell, John Houseman, John Tilton, William Manlove and Hugh Dur- borrow. Those for Sussex were Henry Brooke, William Till, Philip Russell, Samuel Rowland, Woolsey Burton, Simon Kollock, John May, Jeremiah Claypoole, Jacob Kolloek, Thomas Davis, John Jacobs, Samuel Davis and Joseph Cord. The last-named list of justices, however, soon underwent a change, for when the Council met at Philadelphia, on September 23d, the Governor announced that Alexander Molliston had entered a complaint against JJustice William Till, who, he declared, bad used his influence on the bench so as to utterly prevent the complainant from obtaining employment and supporting his family. It was then learned from members of the Council that Till had on a previous occasion opened and kept a letter sent from Philadelphia to Robert Frankland, surveyor of sussex County, and that at a recent meeting of the Assembly of
the lower conoties he had used language highly disrespectful to the proprietary family. Till was, therefore, removed and Richud Ilinman added. in his place, to the list of ju-tires. At the same time John Rhodes Robert Shankland, George Walton and Enoch Cummings were appointed, die Simon Kotlock, John May and Thomas Davis As the result of the October elections held shortly afterwards, for sheriff's and coroners in the various counties, commissions were issued to John Gooding, sheriff, and Morgan Morgan, coroner, of New Castle County ; William Rodeney, sheriff, and Edwar Jeanings, coroner, of Kent County ; Rives Holt, sheriff, and Samuel Davis, coroner, of Sussex County.
During the latter part of 1726, and early in 1727, the Assembly of the lower counties passed manv important measures. All vessels having on board sickly persons, or coming from places where there existed a contagious disease, were not allowed to come within one mile of the shore until they secured a permit from the Governor or two justices of the peice. Laws were also passed obliging all witnesses legally summoned to testify against the destruction of landmarks : against the construction of dams across rivers and creeks, except for mills ; againer defacing or counterfeiting seals and charters, inciting riots and holding unlawful assemblies. A measure of more importance, how- ever, was the special form of trial furnished for negroes. The Governor was to commission two justices of the peace in each county, who, with six of the most able freehoblers in the neighborhood. should form a board for the trial of all negro or mulatto slaves. In case the negro was convicted of a capital offense and suffered the death penalty, he was at once appraised by the same judicial board, and two-thirds of his value paid to the owner out of the county treasury. The punish- ment of the negroe- for meeting in bodies number- ing more than six, or for carrying arms, was twenty-one lashes on the bare back. If convicted of stealing, the slave was lashed at the discretion of the board, while his master was compelled to make reparation for the stolen property. The punishment for an attempt at rape upon a white woman was rather revolting, the negro being forced to stand in the pillory at the court-house for four hours, on some court day, with his ears nailed to the frame, and before he was let down they were ent off' close to his head.
For the better security of debts, the Assembly authorized the sale of land when the personal estate was insufficient to meet the liability, unless the rent of the land would prove to be great enough to meet the claim in seven years, in which ca-e the creditor was obliged to wait that time. But by far the most important measure of this period of legislative activity was the establish-
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HISTORY OF DELAWARE.
ment of a regular system of law and equity courts. Penn's title to the lower counties was once mos There was first the court styled the Genera! Quarter Sessions of the Peace and Gaol Delivery in each county, and was held four times in each year. It was held at Lewistown on the first Tuesday in February, May, August and Novem- ber, at Dover on the second Tuesday in the same months, and at New Castle on the third Tuesday. This court was presided over by the justicez. or at least three of them, regularly commissioned by the Governor, who were also empowered to hold special or private sessions whenever they deemed fit, or to take recognizance of misdemeanors out of the regular sessions, and bring them before the court at its regular meeting. Such cases as were not within their jurisdiction they took to the Supreme Court of Oyer and Terminer. The General Quarter Sessions was held for three days at each of its regular meetings, and to expedite matters the writs of any justice were applicable in all the counties. There was also a Court of Record held twice during each year in every county. The days for holding this court were the 5th of October and the 21st of April at New Castle ; the 9th of October and the 25th of April at Dover; the 13th of October and 29th of April at Lewistown ; but when either of the dates named fell on Sunday the court met on the following day. This court was known as the Supreme Court of the Counties of New Castle, Kent and Sussex upon Delaware. It was presided over by three judges commissioned by the Governor, one of whom was the chief justice. Each of them, however, had full power to issue writs of habeas corpus, cer- tiorari, writs of error, etc. The jurisdiction of this court was rather broad, but in general it was a court of appeal, considering eases brought from the Court of Quarter Sessions, or any other on a writ of error, or appeal, or otherwise. Besides these there was a County Court of Common Pleas, held quarterly at the same times and places as the regular Quarter Sessions. The Governor issued commissions to competent justices, not less than three, who presided. They held pleas of assize, scire fucias, replevins, informations and actions upon penal statutes, and heard all such cases as ordinarily come under the jurisdiction of similar courts. The same justices who sat in the Courts of Common Pleas were also required to sit quarterly, at nearly the same time that the Common Pleas were held, as a Court of Equity. The prothonotary of the Common Pleas Court was also register of the Court of Equity. They considered all cases in equity and any other matters coming under the control of Chan- cery Courts. This remained the constitution of the court until 1760, when material changes were made.
started Governor Gordon had spent some tin at New Castle, and while there had secured det . mentary evidence that Johan French had been spreading reports derogatory to the proprietary - family and their authority over the lower counti. .. When the Governor returned to Philadelphia In laid the facts, as well as the papers, before the Council, and although it was not proven that French was making any attempt to overthrow the government, or advance any claim of his own, he was, nevertheless, removed from the Coutell. While in New Castle, however, the Gov- ernor had learned that William Till, who had been removed from the magistracy of Sussex County in the preceding year, had since been conducting himself very satisfactorily, and had done good service in the late Assembly, He had admitted his error, and declared that he had been imposed upon. He was, therefore, recommended for rein- statement, which was accordingly done, when the magistrates were commissioned in April. In that month the Council commissioned the following to be judges of the Supreme Court of the lower counties : David Evans, Richard Gratton, Robert Gordon, Benjamin Shurmer, Henry Brooke and Jonathan Bailey. The justices of the peace for Nes. Castle and Sussex Counties were at the same time appointed for 1727-28, those for the former being Robert Gordon, John Richard, Joseph England, Charles Springer, Andrew Peterson, Hans Hanson, Simon Hadly, William Read, Thomas January, James James, Jr., Richard Cantwell, Joseph Robieson and James Armitage. Those fiom Sussex were Henry Brooke, William Till, Richard Hinman, John Roades, Woolsey Burton, Simon Kolluck, Samuel Rowland, John May, Jeremiah Claypoole, Jacob Kolluck, John Jacobs, Samuel Davis, Joseph Cord, Robert Shankland, George Walton, Enoch Cumings, and David Smith.
George I. having died June 11th, the proclama- tion of George II. was published at New Castle in September, it having been decided by the Gov- ernor and Council that it was unnecessary to proclaim the accession in each of the counties separately. Immediately upon the receipt of the intelligence an address of allegiance and submission to the new monarch was drawn up and signed by various magistrates and citizens of Kent, Sussex and New Castle Counties. The signers were Morgan Morgan, Enoch Morgan, Jos- cph Hill. Elisha Thomas, Rees Jones, Thomas Davis, David French, John French, George Ross, Robert Sparks, James Sykes, Henry Newton, John Van Gezell, Hugh Stevenson, John love, Samuel Griffith, Benjamin Burleigh, William Goddard -. Robert Gordon, Richard Grafton, John Richard-
In March, 1727, the old bugbear concerning son, Charles Springer, Thomas January, William
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COLONIAL IHISTORY.
Read, James Armitage, James James, Jr., Samuel -hennan and Jeremiah Shennan.
The October elections for sheriff's and coroners in 1727 resulted in a choice of the same officers in all the counties except in Kent, where Thomas -kilmore replaced William Rodeney as sheriff. In the following year, however, William Read was made sheriff of New Castle County, in place of John Gooding; Moses Freeman instead of Thomas Skidmore, in Kent ; and John Jacobs succeeded Coroner Samuel Davis in Sussex. A vacancy in several offices occurred in October, 1728, by the death of Colonel John French, and ten of the justices of the peace for New Castle County at once addressed a petition to the Gov- ernor, requesting that whatever appointments might be made, the officers selected should be resi- dents of the lower counties. A petition was also received from Peter Evans, praying to be at once admitted to the office of probate of wills, having been appointed by Penn, but kept ont by French. Evans, however, resided at Philadelphia, and in consideration of the petition just received from the justices, his petition was not granted. Robert Gordon was appointed to fill the position, and other nominations were made, as follows: David French, to be clerk of the peace and prothono- tary of the Court of Common Pleas in New Castle County ; William Read, to be clerk of the Orphans' Court ; and William Shaw to succeed French as attorney-general. There was nothing further of particular note which occurred to dis- turb the tranquil tenor of life in the territories during the next few years. Alexander Keith was appointed collector of customs at New Castle upon the death of Collector Lowman, in 1729. Later in the year a stir was created by a seditious news- paper article, which caused its publisher, Andrew Bradford, to be committed for court. The article was written by one of the missionaries sent out from England, named Campbell, who had been stationed in New Castle County, but had been forced to leave on account of unbecoming conduct. By way of revenge he had written the article men- tioned, which contained numerous charges against the government of Pennsylvania and the terri- tories, and advice to the people to revolt. He had shrewdly gotten out of the reach of the authori- tie-, however, and had gone to Long Island.
The only indulgence in politics which was en- joyed by the people was their annual election for sheriff's and coroners in each county. But from the records of these officers it is evident that the holders of the positions were well able to manage their affairs, as those who got control of the offices in 1726 continued, with only a few changes, for four or five years, when a second lot came in, who repeated the same thing. At the elections in 1729 William Read was appointed sheriff, and
Morgan Morgan continued as coroner of New Castle County ; William Rodeney regained his position as sheriff of Kent County, and Samuel Berry was re-elected coroner, and in Sussex, Rivers Holt was re-elected -heriff, while John Roades succeeded John Jacobs as coroner. In 1730 the old officers were all put out with the exception of Berry. The elections resulted in the choice of William Reid and Abraham Gooding as sheriff and coroner for New Castle County ; John Hall and Samuel Berry for the same offices in Kent ; and Simon Kolluck and Cornelius Wiltbank in Sussex. A nuisance which the people found themselves forced to abate was the rapidly increasing number of peddlers. Many complained that they were imposed on by the va- grants, both in quality and price, and as they paid no taxes, there was no reason why they should be allowed to have unlimited privileges. In 1731 the Assembly took the matter in hand, by prohibiting any one from engaging in this occupation without obtaining a recommenda- tion from the justices of the County Court, and also a license from the Governor. In addition to this, they were required to give bond with at least one surety, and the cost of the license was fixed at twenty-five shillings for one who traveled in a wagon or on horse, and fifteen shillings for one traveling on foot. The elections in 1731 placed in office Jolin Gooding and Robert Robert- son as sheritl' and coroner, respectively, in New Castle County. The old sheriff's were undisturbed in the other two counties, but the coroners were not so fortunate, Nicholas Loockerman replacing Samuel Berry in Kent County, and John Clowes succeeding Cornelius Wiltbank in Sussex. In 1732, Robertsen was defeated by Henry Gonne as coroner of New Castle County. There was no change in the sheriff's office, nor in either of the offices in Kent, but in Sussex, Simson Kolluck and Joshua Fisher were elected sheriti' and coroner. In the following year the only changes were that Ilenry Newton became sheriff of New Castle County, and Daniel Rodeney in Kent. At this time the dispute over the boundaries assumed a very serious aspect, but the border frays were quieted with less trouble than was expected.
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