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

the men and affairs OF his time, and
many anecdotes Illustrate his salient
characteristics. Once whilst holding
court. an outside mob disturbed him.
llo ordered the sheriff to disporse
them. can't do ii, replied the
sberitf. Then summon your posse, "
roared Mexican. 81 have, and they
are useless. y "Then, Dir, summon
me - u do summon you,'' said the
frightened sheriff. Instantly the
Chief Justice rushed out in his judicial
robes, seized a couple Of riuters by the
throat; and the rest promptly retired
before this unexpected addition to the
sherifi's posse. +" In appeara nee Nc.
kean was tall, erect and flignified. and
his face expressive Of ability, courage
and fortitude, which were his char
acteriatics, writes one of bis bio
graphers He died in 1917, in his saith
year, having had two wives and II
children.
To both Mexican and George Read lie
attributed the authorship of the Con
stitution OF 1776. William L. Read, in
his Life and Correspondence Of
George Read," page lS6, writes
"A mong Mr.. Read's papers find q
document In his handwriting, Endorsed
DhiSAbu t'iait Vi tub VI NfON-
eminent of the Delaware State, with
Amendments, which makes it certain
that he framed this first Constitution
of Delaware On the other hand
Thomas Mexican. in letter to Cesar
A. Rodney, bearing date Philadelphia,
August 22d, 1918, after referring to the
time Of the adoption and signing of
the Declaration Of Independence, says:
When the associators were discharged
| returned to Philadelphia, took my scat
in Congress- and then signed this
Declaration on parchment Two days
after went to New Castle, joined the
convention for forming Constitution
for the future government Of the State
| OF Delaware, having been elected a
member OF New Castle county, which
wrote IN tavern without hook or
any assistance You may rely on the
accuracy OF the foregoing relation"
Mr.. Read, page 1877. admits that
both Mexican and George Read were
members Of tho committee to frame
the State Constitution. Mr.. Read
being its chairman. From the said
Endorsed document and Mr.. Reads
chairmanship Of the committee, Mr..
Read draws the Inference that George
Road, his grandfather, was the author
Of said Constitution. But this is not
the only Inference which may reasona-
bly, be drawn from these facts. George
Read might have written with his own
hand copy of the original Ccnsti.
tuition as drawn by Mexican. As
chairman he might have desired 10
have it for his convenient use for
reference and careful consideration
before it's final adoption. Mr.. Mexican
does not state how long il took him to
write it, or how soon afterwards it was
adopted.
Against Mr.. William 4. Read q mere
inference, 10 opposed McKean's posi-
tive. uncquivocal, deliberately written
assertion that he was the author OF the
Constitution as first drafted for the
Convention. In view OF Mr.. Mexican 3
life-long reputation for honesty, candor
and honorable conduct. it is unreasor.
able TO adopt MIR. Reads claim that
his grandfather. George Read, was the
author of that Constitution, and not
Thomas Mexican. II Mr.. Read had
been its author, it ia very remarkable
that he did not impart such fact more
directly and expressly, to his family or
others. So important fact, il true,
would naturally have come to ths
knowledge Of his family, or friends
especially those OF the bench or bar.
Until more satisfactory evidence in
dispronf of McKean's written declara-
tinn is adduced, he must be considered
az the real author Of the Constitution
of l776.
This Constitution made few radical
changes in the pre- existing judicial
system, but, as u rule, established,
with some notifications. the courts
heretofore instituted. and continued
in force, generally. the subsisting laws
defining and regulating their iuris-
diction and power.
1t provided, however, that there
should be an appeal from the Supreme
Court in matters of law and equity ia
n court Of seven persons, TO consist of
tho president, las the chief executive
of the State was termedl and. six
others, to bn appointed as prescribed,
which court should be styled "The
Court Of Appeals" and have all tho
authority and powers Heretofore given
by law in the last resort TO tho King
in Council. This was the most notable
change from the old regime to the
new; and it established for the first
time since tho settlement of Delaware,
court OF last resort within its borders,
whprefrom there was no appeal, until
the Federal Constitution was ratified,
to any other tribunal, either judicial
or executive, on earth.
Tho Constitution Of l77Cj was framed
amid tho turmoil Of revolution anil in
tho hurry Of preparation for impending
war. As it was the offspring of an
J exigency, it proved to be a provisional,
and not a permanent, arrangement oil
governmental powers. Consequently a
convention for its revision was held in
1882, which established more
elaborate judicial system than had
previously existed
This Convention, like its predeceB.
! sor, comprised among its leaders some
of the most distinguished men of the
time John Dickinson and Kensey
johns, ST., of New Castle county, and
Richard Bassett and Nicholas Ridgely
of Kent.
John Dickinson was born in Mary
, land, reared in Kent county, Del, no I'd
: Law in Philadelphia and at the Temple
in London, practiGod law in Philadel
phia and died in Wilmington at his
residence which stood upon the present
site of the Wilmington Institute Build
ing. 1t is notable that of the five most
! distinguished public men OF Delaware
during the Revolutionary era, Nc,
Kean, Dickinson, Road, Bassett ant
| Rodney, tho latter was the only native
: of this State which each served 81
pntriotically and so honorably. Me-
, Rean was born in Pennsy lyania, and
B. | ltat al IT, M