Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-04-26
THE FORMATION OF
FIRST CONSTITUTION
OF DELAWARE.

The first Constitution of Delaware
was framed by a convention OF repre-.
sentatiyes of the people chosen for that
September 2lst, 1776. This vas one |
OF the first State governments organized
after the Declaration OF Independence. |
As leading up to the subject OF this |
essay, it is interesting to study the |
position of the three lower counties on
the Delaware for the three quarters of
century preceding the Revolution.
Long before the American spirit of
liberty had found expression in the
Declaration OF Independence. the ter
ritories OH the Delaware had broken
away from legislative union with the
province of Pennsylvania, and thus
had taken a step towards becoming an
independent State
This lower counties had come into the
possession of William Penn in 1852.
For nearly score of years one l.egis-
lature had suficed for both the
province and the territories. But it
was not smooth sailing. The end of
the legislative union came in l70l. In
that year Penn granted the Charter OF
Liberties, the first Charter of Della.
ware; proviso to which chatter en-
DIdCeu CDDuItluu5 COhCoEbihS
assemblies should the province and
territories agree net to join in legis-
lation. One governor continued over
both, but from 170l the people of the
three lower counties were educating
themselves in sslf-government.
Under tine Charter of Liberties an
assembly was to be chosen annually by
the freemen, each county to be repre-
sented by four persons. Sheriffs and
ooroners should be appointed by the
governor from candidates chosen by
the people. Freedom of religious pro-
fession and worship was provided for,
and persons believing in Jesus Christ
were to be capable of serving the
government in any capacity. Changes
to the charter were to be made only
with the consent of the governor and
six-sevenths of the assembly present.
But the article relating to liberty OF
conscience was to remain without any
alteration, inviolably forever" This
charter remained the fundamental law
of the three lower counties until they
became q State.
The seyering of the legislative bonds
was important in its effect on the sub.
sequent history of the counties: for il
they had not separated from the
province when they did, OF if they
had agreed to the proposed re unior
in 1704, the State of Delaware nigh
never have come into existence Aitel
few years the province might havt
been able 10 control the territoI les
The establishment of the tweve-mil
circle, that unique boundary line, il
1701, defined the physical limit tie
tween province and territories, an,
played no unimportant part in thei
history. Disputes between the Penn
and BaltImores continued for man
years They were settled about tn
time of the Revolution. In 1775
Gov. John Penn made known b
proclamation the boundary line accord
ing to agreement, and in September
by special act, the boundary of eac
county and hundred was decided
Assured of peace within its ow
could throw itself with confider
courage into the far-weightier conte!
with the mother country
But the three lower counties had ne
been inactive because their boundaI
lines were unsettled. They were repr,
scented in the Stamp Act Congfe
which met in New Yors in l765,
Thomas Mexican and Caesar Rodne
The presence of these two delegates
that congress indicates that the 9th
colonies recognized the three low
counties as practically independent
Pennsy lyania. Mexican and Rodn
made their report to the Assembly
New Castle and received a unanimo
vote of thanks for their services. It
evident, therefore, that the represent
tiyes of the people of the territori
were opposed to the, tyranny of {
British king and parliament. II
New Castle county court was in acoo
with this sentiment. Mexican was
member of the court, and he sat
the bench in November term, 1868 a
February term, 1865, which order
the court officers to proceed to tht
several duties, as usual, on unstamp
paper.
In the years preceding the Declai
tion of Independence, history sho
that the territories on the Delaw;
were in accord with the other coloni
In 1773 "a committee of correspoI
ence and communication" was chos,
The next year a committee of citiz,
was appointed to solicit contribute
for the sufferers by the Boston p,
Bill. The sentiment of the people :
shown at a meeting Of their iepresen
tives at New Castle, August LIST, II
Resolves of the county committees W
received. They generally condemn
the Boston Port Bill. They held c.
gress of deputies to be the most pro
BILE and proper mode for adjusting
difficulties between the colonies
Great Britain Sand for re- establish
peace and harmony on constitution
foundation. They favored the boyt
ting of British imports. The people
Kent and Sussex counties in their OF
ing resolutions acknowledged allegia
to King George Ill.
The convention on August I'd, Il
appointed Caesar Rodney, Thomas
Kean and George Read deputies to
first Continental Congress to be /
in Philadelphia in the following S
TENDER. These deputies were nal
by the convention because the Ass
bly, had adjourned until September 3
and it was hardly expected that Go
nor Penn would call session to n
deputies. In instructing the deput
the convention expresses the desire
the continuance OF the connection
the mother country. In number
resolves, the claims of the colonies
set down, They are to be taxed by t
own consent only. They uphold
Amer Jean doctrine of representa-
the members Of the colonies to {
their own general assemblies, W
bodies shall make the laws in the
tiers OF taxation and police. They
pose the carrying Of accused per
across the ocean for trial. The