USA > Delaware > History of the state of Delaware, Volume III > Part 10
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THOMAS CLAYTON. 1777-1854.
JOSHUA CLAYTON. 1744-1798.
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held at Duck Creek Cross Roads, it being claimed by some authorities that the General Assembly met during that year in Belmont Hall. The General Assembly on the day suc- ceeding the above incident, passed a resolution couched in rather sarcastic terms, claiming that so august a body was not to be moved from place to place "at the caprice of an indi- vidual," and blaming Mr. Clayton for routing the assembly. But the incident shows that Mr. Clayton had the will to carry out the instructions of his superiors. Judge Clayton was a large land-owner and a man of much prominence in Kent County. His death occurred in 1802.
THOMAS CLAYTON.
Chief Justice Thomas Clayton was the third son of Governor Joshua Clayton. He was born in 1777, in Maryland, received an advanced classical education for that time, studied law under Chancellor Ridgely, and was admitted to the Delaware Bar at Dover in 1799. He served for two years as Secretary of State under Governor George Truitt. When but thirty- three years of age he was appointed Attorney-General of the State, which position he held with great credit to himself, and with great acceptability to the Court and public.
From 1815 to 1817 he was a member of Congress from Delaware. He was three times elected United States Senator, in 1824, 1837 and 1841. In 1828 he was appointed Chief Justice of the Court of Common Pleas, and served until 1832, when he was made Chief Justice of the State, serving until 1837, when he was elected for the second time to the United States Senate. Retiring from public life, in 1847 he made his residence in New Castle until his death, August 21, 1854. A man of great probity and honor, a lawyer of surpassing ability, a judge of the utmost fairness, a public man of ex- alted ideals, Thomas Clayton is remembered as one of the noblest and strongest characters who have figured in the annals of the State.
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JOHN M. CLAYTON.
John M. Clayton, son of James Clayton, and nephew of Governor Joshua Clayton, was possibly the strongest man that Delaware has produced. His mother was Sarah Middleton, and to her he always attributed much of his success in life. He was born at Dagsborough, Sussex County, November 24, 1796. He attended a classical school at Lewes, graduated with high honors from Yale University in 1815, and after a legal course under his cousin, Chief Justice Thomas Clayton, was admitted to the Delaware Bar in 1819. He served as Secretary of State from 1826 to 1828 under Governors Paynter and Polk.
In the Jackson-Adams contest of 1828 he led the Adan. party in Delaware to victory, and was rewarded by election to the United States Senate. He was re-elected to the Senate in 1835, and further elected thereto in 1845 and again in 1853. After General Taylor's election as President, in 1848, Mr. Clayton became United States Secretary of State, and during his term negotiated the celebrated Clayton-Bulwer treaty with Great Britain.
In 1837, desiring to retire from political life, he resigned from the Senate, and Chief Justice Thomas Clayton succeeded him. Thereupon he was induced to accept the vacant Chief Justiceship of the State, which position he held during three years only. His course upon the bench, though short, was sufficient to exhibit him as a thoroughly equipped lawyer and jurist. From his judgments there was never a writ of error. He retired from the bench and subsequently re-entered the Senate, of which he died a member, November 9, 1856.
The father of John M. Clayton was buried in a private burying-ground. at Milford, Delaware, and the following epi- taph, written by the son and copied from his tomb, shows the high reverence held by the son for the father : "James Clayton, whose mortal remains lie buried beneath this memorial, was a man of warm, sincere and affectionate disposition, remarkable for the strength and originality of his mind and for his activity
DANIEL CORBIT. 1796-1877.
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and enterprise ; as a man of business he had the rare good fortune to bear with him from the cradle to the grave the unquestioned character of an honest man."
A sketch of John M. Clayton of greater length will be found elsewhere in this volume among the sketches of the Delaware Judiciary.
DANIEL CORBIT.
The first American Corbit dwelt in Chester County, Pennsyl- vania, but as early as 1708 he had settled on the banks of the Appoquinimink in New Castle County, Delaware. This was Daniel Corbit, a Quaker, born in Scotland in 1682. His son Daniel Corbit married Mary Brinton of Pennsylvania, who was descended from William Brinton, a member of the First As- sembly. It was William Corbit, his son, who established the tannery in Cantwell's Bridge. He was succeeded by his son Pennell, who at his death was succeeded by his brother Daniel Corbit III, the subject of this sketch. William was married three times, first to Mary Pennell, second to Sarah Fisher, and third to Mary Cowgill, who survived him. During the life of his second wife he built the Corbit house (now occupied by Daniel W. Corbit) which tradition says was designed by the same architect who planned the new Drawyers Meeting House in 1772.
Pennell Corbit, the son of Mary Pennell, married Mary Clark, both of them dying early, leaving two daughters, Sarah Clark Corbit and Mary Pennell Corbit, who became the wards of their uncle Daniel, when respectively aged eleven and nine years. Sarah Fisher left one son, William ; Mary Cowgill was the mother of children of whom were John C., whose wife was Harriett Trimble (whose mother was a Brinton) who as his widow, married the late Charles Tatman ; Sarah C., who be- came the wife of the Hon. Presley Spruance ; and Daniel of whom we write.
Daniel Corbit was born in 1796, and had the benefit of the schools at Cantwell's Bridge and Smyrna Boarding School.
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He had mercantile training in the store of William Corbit, his brother. The village was then a stirring place, for it was the shipping point to Philadelphia for much of Cecil and Kent, Maryland, besides adjacent Delaware. It was the day of the big country grain-buyer and merchant. The great merchants of that older day were Samuel Thomas and David Wilson and their homes on either side of the Corbit house attest their dignity.
It was in such an atmosphere that Daniel Corbit learned those strict business habits, that knowledge of men and things, that, coupled with his strong mind and will, his great caution, his untiring industry and perfect integrity, made him a suc- cessful man in every undertaking of his life. He owed much to heredity. His father was undoubtedly a strong man; his mother, instancing the rule that our prominent men have not- able mothers, was indeed a rare character, and nearly every mental and moral quality that was known in the son, tradi- tion ascribes to his mother. Hers was the placid, even, kindly life that seems natural to Friends; it was a strong administra- tion of domestic life withal. Duties outside among the needy were ever recognized, and the house had the atmosphere that has pervaded it for a century and a quarter.
Daniel Corbit was twice married-to Eliza Naudain and Mary Corbit Wilson, his cousin. Of the first wife four chil- dren reached maturity ; Mary C. Corbit, who married E. Tat- nall Warner, was the only child of the second. He was accustomed to say his wives were the best of the good gifts of a kind Providence, and all who heard agreed with him. His business life was a success throughout. When bark gave out, country tanners generally gave up the business, and he among them. He then turned his attention to the land, adding farm after farm to his estate. It was a real joy to him to take a poor, untidy farm and by clearing, draining, building, hedg- ing and fertilizing, make it beautiful. When the farmers about the Delaware-Chesapeake Canal gave up the peach busi- ness he began it. His wide orchards bore golden fruit and
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wealth flowed in upon him. This was about the time of the war for the Union, and with fullest faith he invested in gov- ernment securities, and that was profitable. He was long a lender of money at legal interest, and once a week joined the always notable company of the directors of the Bank of Smyrna.
He was quick to recognize promising qualities in young men ; gave advice when asked, and many now living can tes- tify that he stimulated their self-respect and ambition. He believed in the principles of the Whig and Republican parties, and was ever alive to the political and moral issues as they came up for legislation at Dover and Washington, but accepted office only twice-a term in the Legislature and as a member of the Constitutional Convention of 1852. Mr. Corbit was regarded as an ideal person for the gubernatorial office, but he could not even consider the subject, since, if elected, he would have been commander of the militia of the State. Where the Court had to appoint commissioners for some exacting work, he was very often one of them ; so also of arbi- trations, and his life, early and late, was rarely without the burden of trusteeships. For many years he lived near those highest in the political management of Delaware. His wife's brother, Hon. Arnold Naudain, and Hon. Presley Spruance, the husband of his sister, were at different times United States Senators.
In social intercourse he was one of the most charming of men; had humor, enjoyed a good laugh, was a reader and thinker, all of which when united with the social instinct make the entertaining companion. He lived and died in the faith of his fathers, brought action to the bar of conscience by familiarity with the Book of books and meditation, and sought the guidance of the "inward light." Few men of Delaware have ever been more respected, admired and loved. Bishop Scott spoke at Mr. Corbit's funeral. They were about the same age and natives of the same place. The Bishop said : "I thank God for Daniel Corbit," and his words found echo in every heart there present.
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REAR ADMIRAL P. F. HARRINGTON.
Purnell Frederick Harrington, born in Dover, June 6, 1844. was the second son of Hon. Samuel M. Harrington, who ren- dered distinguished service to the State of Delaware as Asso- ciate Justice, Chief Justice and Chancellor. After a common school education obtained in his native town, the latter years of which were spent in the academy under the direction of Prof. William A. Reynolds, he entered the United States Naval Academy at Annapolis at the age of seventeen, and was graduated therefrom in September, 1863.
His active naval career has covered a period exceeding forty years, and while his assignments have been less conspicuous than those attained by Macdonough, Jones and DuPont, his record in the Navy has been both honorable and distinguished, and compares most favorably with the records made by the three illustrious men who shed luster on the State of Delaware by their brilliant achievements in naval warfare.
Soon after graduating at the Naval Academy he was attached to the sloop of war Monongahela, and served under Farragut in the battle of Mobile Bay, and later was with the blockading squadron on the coast of Texas. Was promoted to Master May 10, 1866, Lieutenant, February 21, 1867, and Lieutenant- Commander, March 12, 1868. From 1868 to 1870 he served as Instructor of Mathematics at the Naval Academy, and for four years was at the head of the Department of Navigation, and for two years was head of the Department of Seamanship
at the same institution. Was executive officer of the flagship Pensacola in the south Pacific from 1871 to 1873, and of the flagship Hartford at the Brazil station from 1877 to 1880. Was promoted to Commander May 28, 1881, and two years Commander of the Juniata in the Asiatic squadron. He served three years as inspector of the Fourth Lighthouse Dis- trict. After commanding the Yorktown in the south Pacific he acted for a year as President of the Steel Board at the Navy Department. Was promoted to Captain March 1, 1895, and during the next four years commanded the Terror and Puri-
PURNELL FREDERICK HARRINGTON. Rear AdmiraliU. S. Navy.
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tan. Was with the fleet that blockaded the Cuban coast and engaged in the action at Matanzas during the Spanish- American war.
From 1899 to 1902 was Captain of the Portsmouth Navy Yard, and served a year later as Captain of the New York Navy Yard. He was promoted to the high rank of Rear Admiral, March 21, 1903, and made Commandant of the Norfolk Navy Yard, where he served until June 1, 1906, when he was honorably relieved from active service. He continued his residence at Norfolk during the Jamestown Exposition, being connected therewith in an official capacity, and was one of the most enthusiastic advocates and supporters of that exposition.
Admiral Harrington possesses the charm of manner of his distinguished father, and his long, faithful and meritorious service has attracted to him a wide circle of personal friends, and both by his friends and by those high in authority he is recognized as a gallant and capable naval commander.
STATE CONSTITUTIONS.
THE CONSTITUTION OF 1776.
THE year 1776 dawned upon a new era. It witnessed the transformation of English colonies into sovereign states amid the throes of the mightiest revolution of modern times. It saw the galling yoke of tyranny thrown boldly off and a free and independent people stand erect and lift their foreheads to the stars. It saw the restless awakening of the desire for a new order of things. It ushered in the day when the inade- quate construction of the courts of law, so long adhered to, might be changed. It marked the beginning of the time when mere magistrates should step down from the bench and judges take their seats.
The courts were so crude in their character, so cumbersome in their procedure, and the judges as a rule so unlearned in the law, that indeed it became an imperative necessity to re- construct, as far as possible, the whole judicial system. Ac- cordingly, on the 15th of May, 1776, the Continental Congress, on the motion of John Adams, recommended that each of the colonies draft a form of government suitable for them as independent states.
Upon the advice of the Assembly of "the Counties of New Castle, Kent and Sussex upon Delaware," in accordance with this resolution, the people chose deputies to meet in conven- tion to ordain and declare the future form of government for this State. This convention met in the town of New Castle on the 27th of August, 1776, and on the 20th of September, less than one month later, ordained the new Constitution.
The authorship of this instrument is attributed to both Thomas Mckean and George Read, but the preponderance of evidence is in favor of Mckean, and to him tradition has determined it belongs.
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Under this Constitution "The General Assembly of Dela- ware" consisted of thirty members, divided into two branches, one styled " The House of Assembly," consisting of twenty-one members, seven for each county, chosen annually ; the other designated as "The Council," composed of nine members, three of whom should be chosen for each county at the first election, with a vacancy occurring each year, when one should be supplied at each annual election. The name of the gov- ernment was " The Delaware State."
This Constitution made but little change in the old judicial system. It brought with it scarcely any of the relief the people so sorely needed. It re-established, with some modifi- cations, the old courts, and continued in force generally the same laws defining and regulating their jurisdiction and powers.
Perhaps the most notable change from the old régime to the new was the formation of "The Court of Appeals." It was provided that in all matters of law and equity there should be an appeal from the Supreme Court to a court of seven persons called "The Court of Appeals," consisting of the President, (as the Chief Justice of the State was styled) and six others, three of whom were appointed by the Legislative Council and three by the House of Assembly. This court had all the authority and powers belonging in the court of last resort, to the king in council under the old government.
In the order of things, this Constitution could not be a per- manent one, nor was it intended so to be. It was born amid the turmoil and strife of revolution. It was the offspring of a feverish haste, amid the uncertainties of a gloomy and arduous year. It was considered only as a provisional arrange- ment, that might not outlast the year that gave it birth, for defeat and disaster stared the American cause grimly in the face as the year drew towards its close, and Washington went sadly into winter quarters at Morristown.
Under this Constitution, William Killen was made Chief Justice. He was a learned lawyer, and discharged his judicial
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functions with great diligence and ability. Among the mem- bers of this convention who graced the Bar at that period were George Read, Nicholas Van Dyke, Richard Bassett, Jacob Moore and Thomas Mckean. This Constitution remained in force for sixteen years. Peace had, in the meantime, spread her wings over the new nation, and men rose again to the necessity for a revision. Accordingly, in 1792 another Consti- tutional Convention was called.
THE CONSTITUTION OF 1792.
The second State Constitution was ordained on the 12th of June, 1792. This Constitution wrought many radical changes in the judicial as well as other branches of the government. The legislative power became vested in a General Assembly, consisting of a Senate and House of Representatives, the same number of members in each branch being preserved as under the old system and apportioned in the same manner between the several counties.
The executive power was vested in a Governor, no longer to be chosen by the General Assembly, but to be elected by the people for the period of three years. The Privy Council was abolished, the name of the government changed to " The State of Delaware," and the appointment of the judges given to the Governor.
The venerable Killen, finding the multitude of new contro- versies arising out of the late war and other sources to be a load more heavy than his declining years could properly carry, desired to resign his position as Chief Justice. The convention, acting upon his desire, and recognizing the neces- sity for a more vigorous occupant of the office, created the office of Chancellor, and made Mr. Killen Chancellor, and also president of the Appellate Court. In his stead George Read was appointed Chief Justice of the Supreme Court.
The judicial power was vested in a Court of Chancery, a Supreme Court, a Court of Oyer and Terminer and General Jail Delivery, a Court of Common Pleas, an Orphans' Court,
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a Court of Quarter Sessions of the Peace for each county, in Justices of the Peace, and such other courts as the Legislature might establish.
The Court of Chancery was given the equity jurisdiction, which, before the creation of this court, was vested in the judges of the Court of Common Pleas. Its jurisdiction was further extended by an amendment to the Constitution made February 5, 1802, whereby it was ordained that the Chancellor should compose the Orphans' Court in each county. Thus, for the first time in Delaware, the courts of law and equity were distinctly separated. The Supreme Court was composed of not less than three nor more than four judges, one of them to be Chief Justice, and any two might be a quorum. A judge should be resident in each of the counties. The Court of Common Pleas was similarly constituted, and the jurisdic- tion of each of them extended throughout the State.
A court was also created called " The High Court of Errors and Appeals," which took the place of the old Court of Appeals. This court was composed of the Chancellor, the judges of the Supreme Court and the Court of Common Pleas. It was given exclusive jurisdiction of writs of error to the Supreme Court, the Court of Common Pleas, and of appeals from the Chancellor. The judicial system comprised nine State judges, of whom two were Chief Justices and one Chancellor.
While this Constitution remedied many defects, still it did not adequately supply the wants of the people. The ma- chinery of the courts was hardly less cumbersome than for- merly, and the number of the judges was out of all proportion to the area and population of the State. Therefore in 1831 the third Constitutional Convention was called. Among the mem- bers of the bar who were conspicuous in the Convention of 1792 were John Dickinson, Kensey Johns, Sr., Richard Bassett and Nicholas Ridgely.
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THE CONSTITUTION OF 1831.
The third Constitution was ordained on the 2d of December, 1831. It provided that the judicial power of the State should vest in a Court of Errors and Appeals, a Superior Court, a Court of Chancery, an Orphans' Court, a Court of Oyer and Terminer, and a Court of General Sessions of the Peace and Jail Delivery. The number of judges who should compose these courts was reduced from nine to five. The inferior courts, such as were formerly held by the Register and by the Justices of the Peace, were also made part of the system.
The Court of Chancery was held by the Chancellor, and its jurisdiction, as heretofore, included full power to hear and determine all matters and causes in equity. The Court of Oyer and Terminer was composed of all the judges except the Chancellor, and three of them constituted a quorum. The Superior Court, which was substituted for the old Supreme Court and the Court of Common Pleas, and to which was given the consolidated jurisdiction of these two courts, was composed of the Chief Justice and two associate judges not residing in the county wherein the Court was sitting, and any two of them constituted a quorum. The Court of General Sessions of the Peace and Jail Delivery was composed in each county of the same judges and in the same manner as the Superior Court. Its jurisdiction and powers were identical with those of the old Court of General Quarter Sessions of the Peace and Jail Delivery. The Orphans' Court in each county was held by the Chancellor and the associate judge residing in the county, and either of them could hold the court. The Court of Errors and Appeals was composed of at least three judges-the Chancellor, who presided; the associate judge who did not sit in the court below because of his resi- dence, and one of the judges who did sit in the cause origin- ally. This court had jurisdiction to issue writs of error to the Superior Court and to receive appeals from the Court of Chan- cery, and to determine such matters finally.
An objection was strongly urged in the convention that the
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construction of this court was glaringly defective, inasmuch as it was made possible for a minority to overrule a majority. For instance, if in any cause taken up on error, the judges below had been unanimous, and the judge whose turn it was to sit above, adhered to his opinion below, then in case of re- versal, the question of law would have received final adjudi- cation by the Chancellor and one Associate Judge, against the opinion of the three judges below. This objection John M. Clayton sought to obviate by constitutional provision, that upon the application of either party, with the assent of the Superior Court, power should be granted for a hearing and decision by all the five State judges in the court above.
This Constitution was in operation for more than sixty-five years. The brain that conceived it, the hand that moulded and fashioned it, and the powerful personality that caused its adoption were those of John M. Clayton.
When the convention adjourned finally, Mr. Clayton, hav- ing contemplated the possibility of another convention being called in the not far distant future, exclaimed, " I have locked the door, and thrown away the key !" And, indeed, it seemed that he had done so, for until 1897 it was impossible to find the key or to force the lock.
In 1852, however, a convention was called for the avowed purpose of remedying the evils and curing the defects of the Constitution of 1831. It provided, among other things, that the Superior Court should be composed in each county of the Chief Justice and the resident judge of the county, with power in either to hold court alone. It was also provided that if they should differ in opinion, the point should be certified to the court in banc for final decision. It further provided that upon a writ of error to the Supreme Court (the Court of Errors and Appeals) it should consist of the Chancellor and all the judges who did not sit in the court below. This instrument was submitted to the people for ratification, but was rejected. Among the distinguished men of the convention of 1831 who were lawyers were John M. Clayton, Willard Hall, James Rogers and George Read, Jr., son of George Read, the Signer.
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