USA > Delaware > History of the state of Delaware, Volume II > Part 16
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Griff Jones
John Conely
Thomas Bolstiche Simon Frounsen
John Glovear
Ed. Prince
Robert Porter
John Dissha
John Brigs
Arthur Alstone
Benoni Barnes
Alexander Humphrey
Robert Miller
L. Orema
John Brinklo
Thomas Millen
Wm. -
Gabriel Jonses
William Millen
Robert Ffrances
Christopher Jeesons
John R. Richeson
Richard Levicks
David Margan
John Hilard
John Cortes
Abram Brate
Rober Pematry
Thomas William
Isack Webe
A. Alston
E. Pack
John Webster
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HISTORY OF THE COUNTIES AND HUNDREDS.
Ffran Whitwell
John Richardson, Jr.
Thomas Heffer
Pelter Bancom
Richard Grifon
Allesxander Raey
John Baswell
Henry Stevens
William Spartes
Daniel Armistead
John Dawson
Thomas Cliford
William Berry Juno
Henery Plemer
John Getes
John Loyd
John Walker
Robert Bedewell
John Barrett
Walter Powell
Thomas Groves
John Barton
George Martens
Thomas Hill
Daniel Jones
Jafeth Goesen
Jno. Hayes
Wm. W
Isaac Balch
Robert Johnson.
Eanan Daure
"The shipe goeing away, wee had nott time to gitt ye rest of there names, butt we think there may be about 100 tithabell,'' (meaning taxpayers).
This petition was favorably received by the Governor, who, the same year, divided the old Whorekill County into two parts, calling the southern portion Whorekill, which later took the name Deale, and afterwards Sussex ; and the north- ern portion, now Kent, he called St. Jones. Why the name St. Jones was selected for the new county is largely a matter of doubt, the most plausible explanation being that it was taken from the parish of St. Jones in Kent County, England.
The name St. Jones had, however, but a brief existence. Just when it was dropped for the present name, Kent, cannot be stated with certainty. In the Act of Union, annexing the Delaware Counties to the State of Pennsylvania, dated Decem- ber 17, 1682, Kent County is called St. Jones, or rather Jones, showing the adoption by Penn himself of the name Jones. Hazard makes the statement that in November, 1682, Jones was changed to Kent, Deale to Sussex, and Cape Henlopen was ordered by Penn to be changed to Cape James. The Act of Union confirms Hazard's statement as to "Sussex " and " Cape James," for in that act the change in these names is mentioned, but the name "Jones," in the same act, is still re- tained. If Penn had ordered the change in the name of Jones at the same time that he ordered the change of the other names, as Hazard states, it is difficult to understand why mention should not have been made in the act of the new
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name, Kent, in connection with the mention of the new names, "Sussex " and " Cape James."
Ebeling is authority for the statement that in the year 1683 all the counties were known by their present names. It seems, therefore, that the new name "Kent" succeeded the name "Jones " some time about the year 1682 or 1683, the proba- bilities being in favor of the latter date. Why the name " Kent " was selected is likewise a matter of doubt, there being some authority for the statement that it was taken from the old County of Kent, in England.
The Kent County of Andros and Penn's time was indefinite in its boundaries. The line separating it from New Castle County was undefined, as was also the line separating it from Sussex County, and its western limits were involved in the long drawn out dispute that lasted for many years between the Proprietaries of Delaware and Maryland over the bound- aries of the two provinces ; Duck creek marked the northern boundary. This boundary line was well defined throughout the length of the stream, but Duck creek not extending across the whole breadth of the county the western end of the north- ern boundary was therefore left undefined. On the south, Cedar creek was the original line marking the limits of Kent County. But the western end of the southern line, like the western end of the northern, was uncertain, Cedar creek ex- tending only partially across the county. In the year 1775 an Act of Assembly was passed in which these lines were accurately defined.
By this act, Bombay Hook, being on the east and north side of Duck creek, was left in New Castle County. But in 1841, the outlet called " Thoroughfare," which had been cut from Duck creek to the bay, was made a part of the northern line, thus throwing Bombay Hook into Kent County. With the exception of this addition of Bombay Hook in 1841, the northern and southern boundaries of the county have remained unchanged since they were defined in 1775.
The western line separating Kent County from Maryland
For Matie 19 001 .3421
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HISTORY OF THE COUNTIES AND HUNDREDS.
was run in accordance with certain agreements between the Baltimore and Penn families, under certain decrees of the Court of Chancery, in England, touching the matter of the limits and extent of Penn's three lower counties. After a survey by commissioners appointed as a result of these agree- ments and decrees, the exact line was proclaimed April 8, 1765, by the Governor, thereby permanently fixing the western boundary of Kent County.
In the early days of exploration and settlement, what is now Kent County seems to have been neglected. The date of the earliest land grant appears to be June 16, 1671, when Gov- ernor Lovelace warranted "Poplar Neck " to Thomas Young, a date that indicates the comparative slowness that marked the early settlement of Kent County. The explorers and settlors either stopped at the Whorekill or sailed on up the bay past the shores of Kent to New Castle County, and there settled along the shores and creeks. In 1638, Minuit, with his colony of Swedes, touched the shores of Kent County at the mouth of Mispillion creek, naming the spot where he landed "Paradise Point." But he stopped only in passing. No permanent settlement resulted.
The settlers who came into the county did not, in the first instance, come in groups direct from their native lands, but migrated from various parts of the country up and down the seaboard, mostly from Pennsylvania, New Castle and Sussex Counties, and from Maryland. The fact of Kent County being swallowed up in Whorekill County, that the county seat was so far distant, and the journey thither was so diffi- cult, as well as hazardous, made the lands of Kent rather un- desirable, comparatively speaking, for prospective settlers. Indeed, so unattractive had Kent County appeared to settlers, that shortly after the formation of the county by Andros, in 1680, a census taken of the people, shows only ninety-nine persons from "ye upper part of Cedar creek to ye upper part of Duck creek." In 1683, according to Penn's estimate, the whole State contained 4,000 people, a fact which emphasizes the sparseness of Kent's population.
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HISTORY OF THE COUNTIES AND HUNDREDS.
The land of Kent County was disposed of by patents, grants and warrants from the Proprietaries or their Governors, and from the Whorekill Court. One Christian, the Indian, alias Petrocaquewam, seems also to have assumed the right to make grants in Kent County, styling himself lord and owner of all the land between St. Jones and Duck creek. He granted "Lisburn" to John Brinckloe, February 21, 1681, for three match coats, twelve bottles of drink, four double handfuls of powder and four of shot. The same tract was warranted to Brinckloe by the Whorekiil Court, 1679-1680, he receiving his patent in 1684. John and Richard Walker also pur- chased land of Petrocaquewam, their deed calling for the tract " Brother's Portion." In their deed, Petrocaquewam styles himself " Lord and owner of all the land between the Murder Kill and Duck creek." Doubtless the purpose of these pur- chases from Christian, the Indian, was simply the quieting of titles.
When the new county was erected settlers began to come in, taking up land along the creeks and streams. Duck creek, St. Jones creek, Little creek and Murder Kill creek, each at- tracted the newcomers, and on the banks of these streams the earliest settlements were made. The county gradually and steadily grew in population. There is no early census other than the crude one taken upon the formation of the county in the time of Governor Andros. There is, however, a statement in Ebeling's History of Delaware, to the effect, that in 1716, Dover contained three hundred persons, which, if true, is indicative of a rapid growth in the county after its formation in 1680. In the year 1742, a rough census taken privately by an Episcopal clergyman, accords to Kent County 1,005 families. About the year 1760 a similar census was taken, and it is stated that " at a moderate computation " the whole county contained about 7,000 souls. The population of Kent County, according to the United States Census Reports from 1790 to the present, was as follows :
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HISTORY OF THE COUNTIES AND HUNDREDS.
1790
18,920
1850
22,816
1800
19,554
1860
27,804
1810
20,495
1870
29,804
1820
20,793
1880
32,874
1830
19,913
1890
32,664
1840
19,872
1900
32,762
From the beginning the urban population consisted of but a small percentage of the total, and at the present time the county remains essentially rural. The fertility of its soil, its genial climate and abundant but not over-plentiful rain-fall, render the production of corn, wheat, oats, peaches, apples, pears, tomatoes and truck, easy and profitable. Its shores along the bay are so flat, its rivers and creeks so narrow and winding, that it is doubtful if its inhabitants will ever be turned by the prospects of industrial and commercial activity from the agricultural pursuits for which nature has best fitted them.
When the county was first formed, the county seat, or what seems to have served for the county seat, was a place called "Towne Point " at the mouth of St. Jones creek. Hazard claims that courts of justice were held in 1675 at a place called "Troy," for we read that courts were held " at a place now called 'Troy' on Jones's creek, near Dover, for Jones, now Kent; at Whorekill, now Lewistown, for the County of Deale, now Sussex." While the courts may have been held at "Troy," yet it cannot be that they were held there as early as the year 1675, for the county was not formed until the year 1680, and the names " Kent " and "Sussex " were not adopted before the year 1682. Towne Point, therefore, was the first county seat for Kent County. It is quite likely that the courts were at a later date held at "Troy," for one of the justices of the peace, namely, John Briggs, was the owner of "Troy " at the time of his service as justice of the peace.
"Towne Point " was owned by Edward Pack, a justice of the peace, and it was at his house that the court was held. The place is now known as the Sidney Algernon Logan farm.
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HISTORY OF THE COUNTIES AND HUNDREDS.
" Troy " is now owned by William Dyer, of Dover, and lies in Jones Neck, about two miles out of Dover.
The year 1689 or 1690 marks the latest dates of holding courts at "Towne Point." In this year the county seat was removed to the tavern of James Maxwell, who had purchased one hundred acres of William Berry, a portion of "Berry's Range," adjoining the two hundred acre tract afterwards pur- chased for a county seat. The identical location of this tavern is not known, but it is supposed to have been near the site of the water-works in the present town of Dover.
As yet there had been no provision made looking towards the establishment of a permanent county seat. In the year 1694, for some reason or other, it was impossible to secure a quorum to hold court at James Maxwell's tavern, two of the justices of the peace refusing to sit, one of them declaring that he never would sit at James Maxwell's tavern. Accordingly, a term of court was lost. Upon the representation of these facts to the Lieutenant-Governor, the advice of the Provincial Council was sought, and the recalcitrant justices were ordered to hold their courts. At the same time the provincial judges were commanded in their next circuit " to inspect and inquire into the disorders of the County of Kent, in reference to the time and places of holding their courts, and to see what may be the most proper place in the sd counties to hold their courts in, for the most universal care of the sd Countie, and make report to the Lieutenant-Governor and Council."
Acting under these instructions, the provisional judges, William Clarke, of Sussex, Edward Blake and Richard Hal- lowell, of New Castle, consulted with the magistrates, grand jury and others of the Kent court. The outcome of the con- sultation was that the county courts should be " held on some part of ye land belonging to Wm. Southby, situate on the south side of the Head of St. Jones Creek, which is next ad- joining unto David Morgan's land," as near a landing as pos- sible. Delegates were appointed, Richard Wilson and William Morton, to purchase the ground from Wm. Southby, and on
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HISTORY OF THE COUNTIES AND HUNDREDS.
November 3, 1694, they received a deed from Southby of two hundred acres of a tract of land called " Brother's Portion," adjoining David Morgan's calf pasture, and described by metes and bounds. On February 4, 1695, it was conveyed to the inhabitants of Kent County for the sum of twenty-five pounds.
Though the county seat was thus established, yet the town of Dover had not been laid out. The town was in contempla- tion as early as 1693, in which year Penn ordered that a town be laid out for the Governor, to be called Dover, and that the court house and prison be built on the cross street of the said town. But the location of the new town was not prescribed. It was finally determined by this action of the Provincial Judges, grand jury and others in selecting the two hundred acres of the "Brother's Portion " for a county seat. Penn's intention being that Dover should be the county seat, the town was accordingly laid out on these two hundred acres, but not until the year 1717.
Concerning the early administration of the affairs of Kent County as a county, there is comparatively no information. In a general way, it may be said that it was done by the only constituted administrative body of the three counties, that is, the Lieutenant-Governor and Assembly, with the assistance of the county court. It was not until 1736 that a levy court was constituted. The act creating it was styled " An Act for Raising County Rates and Levies," from which arose the term levy-court. By that act the Levy Court was to consist of the justices of the peace of the county or any three of them, eight grand jurymen, or such as would attend, and the assessors, or the majority of them. Their place of meeting was the court house of the county, and their duties were prescribed as follows :
To calculate and settle the public debts and charges of the respective counties, allowing all just debts and demands which now are or hereafter shall be charge- able upon the said respective counties, and shall settle and adjust the sum and sums of money, which ought of necessity to be raised yearly, to defray the charges of building and repairing court houses, prisons, work-houses, or for destroying
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HISTORY OF THE COUNTIES AND HUNDREDS.
wolves, crows and blackbirds, with such other uses as may redound to the public service and benefit of the said counties, respectively ; and shall also ascertain and set down such competent sums and sums of money, as shall be yearly applied toward every of the said duties and services ; together with such sum or sums as may be needful to make good deficiencies in county rates assessed and not yet collected, and to enforce the collection thereof as need may require.
In 1757 power was given the Levy Court to appoint a county treasurer, and in 1791 the Levy Court was reorganized, taking the name of Levy Court and Court of Appeal. Its powers were the same as formerly, but its composition was altered. Under this act, the Levy Court and Court of Appeal of Kent County consisted of "the two oldest justices of the peace resident in each Hundred, the president of the Quarter Sessions in the said county always to be one of the two per- sons to represent the Hundred in which he may reside," and in case it should happen that no justice of the peace, or only one, should reside in any Hundred, then, to fill the place or places of such justice or justices, there should be an election of discreet and experienced free-holders.
By act of 1793 the Levy Court and Court of Appeal was again reorganized. Its members were called Commissioners, and in Kent County were nine in number, two from each of the Hundreds of Duck Creek and Mispillion, one from each of the Hundreds of Little Creek and St. Jones, and three from the Hundred of Murderkill. Their powers continued the same. Down to June, 1898, the Levy Court retained its original number of nine, though the apportionment of members among the various Hundreds changed as the Hundreds were changed, and its powers were, of course, enlarged to meet the conditions that growth and progress imposed. In 1898, each of the Hundreds had one commissioner in the Levy Court. By act. of Legislature of that year, the Levy Court as then organized was abolished, and a new Levy Court of ten members was con- stituted, one member to be elected from each of the ten elec- tion districts into which the county had been divided by the new constitution of 1897. By this act the clerk of the peace was given a vote in case of a tie.
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HISTORY OF THE COUNTIES AND HUNDREDS.
Kent County is divided into nine Hundreds, namely, Duck Creek, Kenton, Little Creek, East Dover, West Dover, North Murderkill, South Murderkill, Mispillion and Milford. This division of the county into Hundreds was of English origin. When the original Hundreds were formed and what consti- tuted their limits, is so confused in the early history of the State as so admit of no definite statement. Indeed, the boundaries of the earliest Hundreds were so vague, that the people as late as 1775, were in doubt as to their exact limits. Accordingly, in that year, it was enacted that " the justices of the peace-as soon as conveniently may be, in the courts of General Quarter Sessions-shall ascertain the bounds and limits of the several ancient Hundreds-and lay out such and so many new Hundreds as may be found necessary and con- venient." What the justices of the peace did under this law, or whether indeed they did anything, is unknown.
Originally, at least as early as 1778, there were five Hun- dreds, for in that year there was passed by the General As- sembly of Delaware " An act for free pardon and oblivion," which extended amnesty to all who had aided or abetted the British forces in the struggle against the king. But certain persons were excepted from the benefits of this act, and in naming these persons the Hundreds in which they resided are mentioned. In that act we read the names of the following Hundreds : Little Creek, Duck Creek, Mispillion and Dover. In the act of reorganizing the Levy Court (1793) the same Hundreds are mentioned with the exception of "Dover," which in that act was called "Jones." In the course of time, four new Hundreds were added to the original five. Out of Jones and Murderkill Hundreds, East and West Dover Hun- dreds were formed, and the old Jones or St. Jones Hundred disappeared. Out of Duck Creek and Little Creek Hundreds Kenton Hundred was carved, and what remained of Murder- kill, after a portion had been taken to form the two Dover Hundreds, was broken into North Murderkill and South Murderkill Hundreds. Milford Hundred was erected out of the original Mispillion.
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HISTORY OF THE COUNTIES AND HUNDREDS.
Before the new constitution of 1897, this division of the county into Hundreds was much more important than it now is. Before that date, the Levy Court Commissioners were distributed according to the Hundreds, the administration of the affairs of the county was conducted largely in respect to them, voting districts were located with reference to them, and in the politics of the State the Hundreds have always played a prominent part. The new constitution, however, by creat- ing a new species of sub-division, namely, representative and senatorial districts, has deprived the term "Hundred " of much of its original significance. Their lines are, neverthe- less, still well-drawn, and they continue to maintain their individuality.
It has been before stated that a tract of two hundred acres was conveyed to the county in 1694 or 1695 for the purpose of establishing a county seat. On this tract a court house was built about the year 1698, for in a petition of citizens dated May 15, 1699, mention is made of the recently purchased tract " where the court house now stands." It will be remem- bered that Penn, in giving his directions for the establishment of the county seat at Dover in 1683, had specified that the court house should be on the cross street of the said town. In accordance with this instruction, when the town was subse- quently laid out in 1717, a cross street was plotted in the two- hundred acre tract in such position that the court house stood on the southeast corner where the present court house now stands. The present Main or State street of Dover was the north and south street in the cross ; and a street running from Jones's Creek westward, in front of what is now the residence of the Hon. John R. Nicholson, the court house, Delawarean office, and the home of the late Hon. Joseph P. Comegys, formed the east and west street in the cross.
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This court house was sold in 1722 and a new court house was erected on the site of the present state house. It was in this building that the old bell, now in the State Library, was hung by Thomas Rodney in 1770. In 1774, from its place
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HISTORY OF THE COUNTIES AND HUNDREDS.
in the court house, the tones of the old bell sounded for the assembling of the free-holders of Kent, at the court house, in the town of Dover, to take into consideration the acts of the British Parliament in shutting up the port of Boston. It was in this building also that the zealous citizens of Kent County, under the leadership of the patriotic Cæsar Rodney, snatched from the wall the portrait of George III and carried it out upon the public square, where they burned it in the presence of the convention there assembled, while Cæsar Rodney, president of the convention, pronounced the following words over the flaming portrait of his majesty : "Compelled by necessity, thus we destroy even the shadow of that king who refused to reign over a free people." Here, too, the Assembly met when it came to Dover in its various flights during the Revolution.
In 1777 Dover was made the capital of the State in the place of New Castle, at which town the Legislature had hitherto met. The old court house was found too meagre in its appointments to accommodate the courts of law, the Levy Court and the Assembly as well. Accordingly, in 1787-88. steps were taken looking towards the construction of a new court house, and commissioners were appointed to draw the plans ; the Legislature requesting that provision be made for its accommodation when in session. The commissioners com- plied with this request, and memorialized the Assembly for an appropriation to enable them to carry out the work. The committee to which this memorial was referred, reported that the treasury was too low to warrant the appropriation. To raise the money, however, in the year 1788, all marriage and tavern licenses were devoted to the court house fund, and in 1789, the Legislature passed a bill providing for the raising of one thousand pounds by lottery for the purpose, first, of "fitting up and preparing chambers in the new court house for the accommodation of the General Assembly," and second, if there were any proceeds left after the fitting up of these chambers, for the purpose of " finishing and completing the said court house."
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HISTORY OF THE COUNTIES AND HUNDREDS.
When completed, the building contained offices for the Register of Wills (northwest corner), the Register in Chancery and Clerk of the Orphans' Court (northeast corner), Pro- thonotary (southwest corner), and Recorder of Deeds (south- east corner). The courts occupied the space between, and the Legislature had the second floor.
In 1792 "the office at the southeast corner of the State house" was to be fitted up for the Auditor of Accounts. Later, in 1795, the office on the second floor was, by act, ap- propriated to the use of the Auditor of Accounts as well as for the Legislature. The building was thus both a State house and a court house. At an early date (before 1807) it is thus described : " On the east side of the parade (Dover green) is an elegant state house built of brick. It gives an air of grandeur to the town."
In the year 1792 trouble seems to have arisen between the Levy Court and the Assembly over the matter of defraying the expenses for the court house improvements. The quarrel must have waxed bitter, for the sheriff, John Clayton, by order of the Levy Court, demanded with drawn sword possession of the house for the use of the workmen. In high wrath, the Assembly withdrew to Duck Creek Cross-roads (now Smyrna), and in the tavern of Thomas Hale, May 4, 1792, the lower house, after reciting the facts, "Resolved, unanimously, that in the opinion of this General Assembly the Legislature of the State ought not to be subject to the caprice of any individual in the State, and that it will not be proper for them to hold their sessions in the town of Dover until the Levy Court of Kent County or some other proper authority shall appropriate to their use the chambers in the said court house agreeable to the intention heretofore expressed." This resolution was lost in the Senate. By the following November the quarrel had been adjusted, and ever since that time the Assembly has con- tinued its sessions in this building.
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