Evening journal., 1896-12-23

THEY WE'RE TRACED BEFORE
THE DELAWARE HISTORICAL
SOCIETY LAST EVENING, BEGIN
MING WITH THE PRoPRlEToRY |
PERIOD.
In spite of the snow storm last even
ing the special meeting of the Della |
ware Historical Society," held for the
purpose of enabling Judge Grubb to |
conclude the reading of his volumnious
and able paper on the Judiciary OF
Delaware" was well attended.
1t was one of the largest and strong
est meetings ever held under the au-
spices Of the society, not merely IN
matter of numbers, but also in the
mental and social strength.
The judge did not content himself
with mere reading OF the paper, but
delivered it in spirited style befitting
a document of such prime public in
terest.
Among those present were Chief JUS
tice Lore, Bishop Coleman, DR.. James
A. Draper, Andrew G. Wilson, Thomas
T.. Bayard, Jr., United States District
Attorney Lewis c. Vandegrift, Willard
Salisbury, Jr., William Michael Byrne,
John p. Nields Caleb Johnson, Alfred
w. Smith, George A. Elliott, Francis
II. Hoffecker, William H. Swift, VIII
liam S. Hilles, Secretary of State ).
Harvey Whiteman, Colonel w. A. La
Motto. Pusey Pennock and Mark M.
Cleaver.
When the judge had concluded ne
was given a rising vote of thanks ana
those present crowded about him o1er-
ing their congratulations. The com
mittee on publication was authorized
to have 1000 copies of the document
printed Immediately for distribution.
The following portion of the paper
will be followed tomorrow by the con-
clusion:
PROPRIETARY PERIOD.
Let us now trace our judicial system
through the successive stages Of its evolu-
tion.
Upon his first arrival in 1852, Penn in
augurated his government under a charter
and code of laws. which assured the conye-
nient and impartial administration Of JUS
tice; trial by jury: Indictment by grand
Jury; and the right Of the people to paru-
cipate, through their chosen representa-
tives. in the enactment of the laws de-
signed for their government AT his COM
ing he found in operation the tribunals of
Justice already established and the modes
of procedure to which the people had be-
come accustomed. With his usual wisdom
and tact he made no sudden changes likely
to arouse prejudice against his contem-
plated improvements. Under the proprie
tary government Of William Penn and his
successors, however the administration Of
Justice IN Delaware was gradually devel-
oped and systematized by appropriate leg
islation as time and circumstances de-
manded.
Prior to 1926 various judicial Tribunals
had already been organized. Prominent
among these were the county courts Of
Common Pleas. the county courts of Cen
eral Quarter Sessions Of the Peace and
Provincial Court. In addition to their or
binary powers. equity jurisdiction was
vested in the county courts of Common
Pleas, and the authority to hold Orphans
Courts in the county Courts of General
Quarter Sessions Of the Peace. The Pro-
vincial Court was created in 1854 and con-
sisted of five judges. This court originally
sat in Philadelphia, and two of its judges
were required to sit twice year in the
other counties of the province, and also
in the Delaware counties. 1t was a Su-
preme Appellate Court; but also had origi-
nal jurisdiction Of all capital crimes, as
we'll as Of other matters not triable by the
county courts. This was the earliest Su-
preme Court strictly spealing which ex-
ercised jurisdiction within the present bor-
ders Of Delaware.
BY a statute enacted during Lieutenant
Governor Gordons administration-1726-
36-a more efficient judicial system was es-
tablished within and exclusively for the
three counties OF Delaware.
Under this system, as improved by the
act of 1850. the judicial power was mainly
distributed among the respective justices
of the following courts, viz; The County
Court Of General Quarter Sessions OF the
Peace and Jail Delivery; the County Court
OF Common Pleas. and the Supreme Court
Of the counties Of New Castle, Kent and
Sussex upon Delaware. The two first
named. respectively were to consist of at
least three of the Justices in each county.
The said justices of the Court OF General
Sessions, etc. were empowered to try all
criminal cases. not capital and also TO
hold the Orphans Court in their respective
counties. The justices OF the Court Of
Common Pleas were to have jurisdiction Of
civil causes. and also to hold a Court OF
Equity within their respective counties.
The proceedings in equity were to be by
Illl anu dAoMiAf anu III an hAhNA AtrNtNAc
as near as might be- according to the rules
and practice Of the High Court Of Chancery
in Great Britain.
But the chief feature of this newy-or-
ganized system was the Supreme Court. II
was composed of three, and subsequently,
by the statute Of 1850, Of four judges com
missioned by the governor, one of whom
was to be styled chief justice; and TO be
held twice every year in each county. Said
judges or any two Of them, were empow-
cred to hold the court and tohear and deter
mine all causes removed or brought there
by certiorari, writs OF error. appeal OF
other remedial writs, from the respective
General Quarter Sessions Of the Peace and
County Courts of Common Pleas, or from
any other court OF law or equity within
the said three counties; and also to exam
inc, correct and punish the contempts de-
faults, corruptions, etc, Of the justices Of
the peace, sherifs and other officers within
said counties; and generally exercise their
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