Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-31
OUR COLONIAL And
STATE JUDICIARY.

Society of Delaware, Monday week,
Judge |. q. Grub read paper on
The Colonial and State Judiciary OF
Delaware. Routine business OF the
meeting having occupied it's earlier
part, Judge Grubb divided his paper
into two sections, reading the second
part Tuesday week. The paper, complete.
Is as follows: Il
COLONIAL PERIOD.
The administration OF justice in
Delaware embraces a period OF two and
one-half centuries under Colonial and
State governments. Delaware is in
dobted to the Dutch for the discovery
OF her bay, by Hudson, in 1909; for the
early exploration of her river by Hen
Erickson, in 1915; ard for the first at
tempt to colonies her territory, by DE
Vrivs, near Lewes, in 1871. Bat to
Sweden, under Minuit, in l6}S, she
owes the first permanent settlement
within her borders, at Christina, now
Wilmington; and to the English, under
Carr, in 1864, tho ultimate establish.
meut of stable government and Anglo
Saxon institutions.
During her earliest history Justice
was dispensed, successfully. by Swedish,
Dutch and English executives, who
we're clothed with judicial powers,
which they exercised according to tho
laws and usages, SO far as applicable,
of their respective countries.
Delaware's frst Fountain OF JUS
tice'' was the bluff and irascible
Swedish soldier and Governor, John
Printz, appointed in l643, and described
by his Dutch contemporary, De Vries,
as Capt. Print, who weighs 400
L.. 4 1us. 81 -
meal" Little is known OF him in his
judicial capacity, but il is probable
that he brought more waight than law
to the bench.
After the conquest of the Swedes by
Gov. Stuyvesant in 1866. the territory
upon the Delaware became subject to
the Dutch government at Manhattan,
represented by vice-director. During
the Dutch ascendancy Justice was
generally dispensed by tribunal, con-
sisting OF the vice-director and com,
missiopers or magistrates, who sat al
suitable times, attended by schoui
or sheriff and other needful officers In
1864 the English succeeded the Dutch,
and their Delaware territory and its
Swedish, Dutch and English settlers
became subject to the laws and govern
ment Of the Duke of York. Thereafter
the judicial system of England was
steadily, though prudently, Introduced
by the Royal Governors At first the
judicial tribunals and modes of pro.
cedure were OF the simplest character,
as the condition and needs Of the
earlier colonists required no complex
or elaborate system. But with the
advent OF William Penn began an era
of gradual improvement and develop
ment, which eventually eliminated il
comprehensive and regularly or
ganized judicial system.
The Duke Of York having conveyed
to Penn the three counties now consti
tuting the State of Delaware, and theI
u called 1.-The Territories, these were
by the act of union in 1852, annexed t
the Province OF Pennsylvania under
common government. Although, il
1904, the Delaware counties, with
Ienn's consent, permanently Withdrew
from all co-legisative union with SAT-
province and established their owl
separate Assembly, and subsequent.
bad their own distinct judicial tri
bunals, yet they remained subject T.
the Proprietary and Royal authorit
until the Revolution of l77G.
At the date of the Duke of York
conveyance. ''ghe Territories, nov
represented by our three counties o
New Castle, Kent and Sussex, con
tanned heterogeneous population o
Swedea, Firms, Dutch, English an,
probably sparse sprinkling of othe
settlers. OF these the greater por
tiun were Swedes, whilst the Dutch
probably, surpassed the English il
numbers, though not in political i'm
portaure. 1t is now difficult to NOR
than approximately determine VIVA
was then the entire population {
these Delaware Territories. - Whe
Penn reached New Castle, on Octobe
9th, 1862, there were, il is estimataf
about 3, 500 white people in the Pft
vince and Territories, and on tn
New Jersey bank of the Delaware, froi
Cape Henlopen to Trenton. In 1863;
eleven years afterwards, there were
according to a Swedish "roil'' the
made, about $50 Swedes, Of all ages an
sexes, within New Sweden" not il
GLIDING those on the east bank of Ii
Delaware river 1t is therefore like
that, in 1852, the population, compri
ing all nationalities, was less tina
LOCO. within our present boundarie
The Swedes were an intelligen
orderly, industrious people. The
were generally steady-going tillers
the soil, of frugal habits and simpl
wholesome lives In fact, to them
due, more than to tho Dutch or Il
English settlers, tho Industrial pro
ress and development at said dat
of this first permanent colony with
our borders. Above all, they were
inotfensive and peace loving people,
were also, generally, their sturC
neighbors. the trade loving Dutch.
is true that, at times, actual hostiliti
arose between these pacific races tn
with armed mon and ships they menac,
each other, and that forts wore ca
tured and retaken, alternately,
eithor side. But it is, never helesa,
historic and happy fact that not
drop of blood was drawn in these Pic
uickian encounters-eXcept by the j
Hatiable weapon of the sanguina
! mosquito. Usually their wars wo
A fought by those doughty gubernatori
champions the ponderOus and puppe
Printz and the sturdy and storm
Stuyvesant, very much as our BATH
with Great Britain are now waged
our modern warriors of the press, u
with sword and shot, but with d.
and bluster-and on paper, not d
CORY field.
Following close upon the Swncli
settlement and tho Dutch occupatio
came the English victor over bot
with the imperishable instinct Of L
Anglo. Saxon for the acquisition of tg
ritory, and tho masterful genius +
colonization and government viii