Home >> Institutes Of American Law >> Contra Formam Statuti to Descent >> Delaware_P1

Delaware

assembly, counties, twelve, henlopen, pennsylvania, dutch and penn

Page: 1 2

DELAWARE. The name of one of the original states of the United States of America.

In 1623, Cornelius May, with some Dutch emi grants, established a trading-house, but the settlers soon removed to North river. Ten years after wards DeVries arrived at Cape Henlopen, but the natives shortly destroyed the settlement, In the spring of 1638 the Swedes under Minuit established a settlement at the mouth of the Minquas river, which was called by them the Christiana, in honor of their queen. They purchased all the lauds from Cape Henlopen to the falls near Trenton. They named the country New Sweden. Stuyvesant, the Dutch governor of New York, ended the Swedish authority in 1654. The Dutch held the country until 1664, when it fell into the hands of the Eng lish, and was granted by Charles II. to his brother James, Duke of York. In 1682, William Peen ob tained a patent from the Duke of York, releasing all his title claimed through his patent from the crown to a portion of the territory. By this grant Penn become possessed of New Castle and the land lying within a circle of twelve miles nrouod it, and subsequently of a tract of land beginning twelve miles south of New Castle and extending to Cape Henlopen. In consequence of a dispute between Penn and Lord Baltimore, the south and west lines, dividing his possessions from Maryland, were traced in 1761, under a decree of lord-chancellor Hard wicke, by the surveyors Mason and Dixon; and this line, extended westward between Maryland and Pennsylvania, has become historical, Bei/uses and Dixon line.

2. Delaware was divided into three counties, called New Castle, Kent, and Sussex, and by enact ment of Penn was annexed to Pennsylvania under the name of The Three Lower Counties upon Dela ware. These counties remained for twenty years a part of Pennsylvania, each county sending six delegates to the general assembly. They seceded in 1703, with the consent of the proprietary, and were governed by a separate legislature of their own, pursuant to the liberty reserved to them by a clause of their original charter. In 17713 a tun stitntion was framed, a second in 1792, and a third in 1831, which still forms the fundamental law of the state. Delaware was the first state to ratify the

federal constitution, on December 7, 1781.

3. The present constitution was adopted Decem ber 2, 1831.

The Legislative Power.

This is vested in a general assembly, which meets biennially, and consists of a senate and house of representatives.

The senate is composed of senators from each county, chosen for font years by the citizens re siding in the several counties. They must be twenty-seven years of age, and possessed of two hundred acres of freehold land. The number may be increased by the general assembly, two-thirds of each branch concurring; but the number of the senators may never be greater than two-thirds, nor less then one-half, of the number of represent atives.

The hawse qf 'representaares is composed of seven members from each county, chosen for two years by the citizens residing in the several counties. The general assembly, two-thirds of each branch concurring, may increase the number. They must be twenty-four years of age.

The Executive Power.

4. The governor is chosen by tho citizens of the state for the term of four years. He must bo thirty years old, and have been for twelve years next before his cleotiun is citizen and resident of the United States, the last six of which he must have lived in the state, unless absent on business of the state or the United States.

He is commander-in-chief of the army and navy of the state and of the militia; may appoint all officers whose appointment is not otherwise pro vided for; may remit fines and forfeitures and grant reprieves and pardons, except in cases of im peachment, but must set forth the grounds of his action in writing, which is to he kid before the general assembly at their next session; may re quire information in writing from other executive officers; shall give information and recommend measures to the legislature; may convene the general assembly at unusual times and places, in case; of necessity; limy adjourn the houses, for not more than three months, when they disagree us to the time of adjournment ; and must take care that the laws are faithfully executed.

Page: 1 2