Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-31

f|r-NH"eif
continue and never have occasion for
the Tongue OF the ons or the Pill Of
the other. both equally destructive
to men's estates and lives. Yet
Aesculapius and Jason both continue
to 1.-Two and thrive, for the pill ia still
potent and the sheariug profitable.
The places where these primitive
worthless, learned and unlearned Ia the
law, practice their vocation, and
wherein Justice was administered by
the worshipful justices, are worthy Of
a passing notice.
Justice, in simple and summary
form, was dispensed 10 those within
our present State limits, at FIRST by
Minuit and his successor. at Fort
Christina, and next by Gov. Printz,
at Printz Hall on Tinicum Island near
what is now Chester. After the found
ing, IN l65G, of New Amstel, now New
| Castle, by the Dutch, the courts were
hold within the fort there; az they
were for many years afterwards under
the English rule. Under the Duke of
York's government, provision was
F, made for holding the courts monthly
at Now Castle and quarterly al Upland,
now Chester, and Whorekill now Sus-
ssx, The Upland court had iuriHdic-
tiun Of the settlers on both sides of the
| Chrstiaua creek until December Sd,
| 1918, when Stony creek, now Quarry
vile crock, was made it's limit; and
afterwards, March l4ih, 1851, Naaman's
creek. until the u mile circle was de
fined in lT0l. The New Castle courts
| jurisdiction extended to Duck creek,
aud, prior to 1850, undoubtedly in
cluded the territory on the New Jersey
| side of the Delaware river, as far as
salem, which was then known as our
"Eastefne Shore" The Whorekill
court, from the time of its reorgani2a
tion in 1878, held jurisdiction within
the region now known as Sussex anil
Kent counties until 1880 when st.
jones' court was established for the
newly formed county of that name. In
l6S2, the counties Of Whorekill and St
Jones were changed by Penn to their
present names of Sussex and Kent, re-
speedway.
The courts of WhorekiIl or Sussex,
from the tim of its earliest permanent
settlement as Dutch trading post in
1868. were held in the fort next in the
residence of ono of the justices, and
later in a suitable tavern room until a
court house was finally built at Lewes
about 1735 to 40. In 1899. new court
house was blu 1t in Georgetown to
which the county seat was then re-
moved.
The court for st. Jones', afterwards
Kent County, was first held in the
house of Edward Pack, one of the
Justices. at Towne Point, on property
near the mouth of Jones creek. subse-
quently owned by John Dickinson, Of
Revolutionary note. and now held by
his descedant, a. Sidney Logan. Esq.
About 1000 il was transferred 10 the
tavern of james Maxwell ON the site Of
the present Dover waterworks, and
, later to the court house built about
, 1857, on the site OF the present court
house fronting the public square in
Dover,
: The New Castle court seems TO have
> been held continuously within its forts,
or their protecting walls, from its DC.
3 cupatiol by the Dutch to the arrival
: of William Penn in 1862. 1t is SUP
t posed that the Oldest portion, being the
. east wing OF the venerable court house
8 still standing in New Castle, was in
. existence in Penn's time. A recent
Q careful investigator writes: "The pro.
s vincial courts, which were then pre-.
: sided over by William Penn, were often
. held in the Court House at New Castle.
: 1t is probable that the main part oil
i the old COURT house, sometimes called
a the State House, was built about l704,
: as the courts and the General Assem-
k bly, of the province held their sessions
r at New Castle, the latte with few OK
/. captions from May 24th, 17O4 to ITS
a when it was removed to Dover. Else
n where, the same writer remarks tha
the act making Dover the capital o.
n the State was passed May 18th, 1777
, but that owing to the Interruptions in
Il cident to the war of tine Reyoluti OF
o the legislative sessions we're helu
!. either at Dover, IIewes or New Castle
d as circumstances required. Finally, Q
y century after it ceased TO no our col
/ onal and State capital. the ancien
d town ceased also to be the county scat
/ for by act of tho General Assembly
n after many years of agitation, thi
y wellworn honor was transferred to Viii
+. mington, and the county records ro
Q moved to the handsome and commo
II dious court house in that city, Janu
It AIRY Goth, 1851.
PROPRIETARY PERIOD.
l., Let lis now trace our judicial systeu
a through the successive stages of il
"a evolution.
Upon his first arrival, in 1862, Pen,
inaugurated his government unde
n charter and code of laws. which assure,
the convenient and impartial admins
, tration OF Justice; trial by jury: in
a dictment by grand Jury, and the RICH
Y of the people 10 participate, through
n their chosen representatives., in the en-
4, actmert of the laws designed for thei
4, government. At his coming he foun,
:, in operation the tribunals of justic
y already established and tho modes q
~ procedure 10 which the people had be
Ia come accustomed. With his usual wis
,v dom and tact he made no sudde
Il changes likely to arouse prejudic
nj against his contemplated improve
/. ments. Under tho proprietary govern
y ment of William Penn and his success
', Rors, however, tina administration a
Justice in Delaware was gradually do
re veloped and sysrenatized by appro
,. pirate legislation, as time and circum
m sta noes demanded
b. Prior to l72G various judicial fri
lie hunals had already been organized
10 Prominent among these were tie count
ri courts OF common pleas, the count
IN courts OF general quarter HuRsiols of tn
OF peace, and provincial court. In addi
o tion TO their ordinary powers, equit
at Jurisdiction was vested in the count
Q, courts of common pleas, and tho an
!. thority TO hold orphans courts in til
v. county courts OF general quarter see
to sions of the peace. The provincia