Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-04-26

county. They shall DO appointed 10y
the president ard General Assembly
ny Joint ballot and shall hold Office
during good behavior. Supreme Court
and Common Pleas justices can hold
no other offices except in tho militia.
Common Pleas and Orphans courts OF
Justices might hold inferior courts OF
chancsry, as heretofore, unless the
Legislature otherwise directs
The secretary of State, attorney.
general, registers for the probate of
wills and granting letters of admins.
tration. registers in chancery, clerks OF
the Courts of Common Pleas and |
Orphans Courts and clerks OF the
peace, shall be appointed for five
years terms, by the president and
privy council The house of assembly
| shall nominate twenty -four persons. Of
each county, and the president, with
| the privy councils appreciation, shall
appoint twelve of them to be justices
OF the peace for seven years. terms.
Members of the legislative and pri'y
councils shall be justices of the peace
for the whole State. while in Office.
The chief Justice of the Supreme Court
shall appoint clerks OF that court. Inc
chief Justice Of Common Pleas Court
| in each county shall appoint the
recorder of deeds. Clerks and recorders
are to hold office for five years, "if
they behave themselves we'll.
There shall be an appeal from the
Supreme Court, in matters of law and
equity, to Court OF Appeals, consist
ing OF the president, for the time
being, who shall preside. and six
others, to be appointed, three by the
Legislative council aud three by the
house of assembly. and to hold office
during good behavior. This court shall
have all the authority and powers held
by the king in council under the old
government. The secretary OF State
shall be clerk of this court.
The judges, members of the Lrivy
council, secretary, trustees of the loan
office, clerks of Common Pleas Courts,
and army and navy contractors shall be
ineligible 10 the Legislature. Any
member of the Legislature who accepts
any other OF the Offices, excepting that
, of Justice of the Eeace, shall have his
I seat vacated, and new election shall
be ordered.
] The president and other officers are
I impeachable by the house of assembly
before the legislative council for
, maladmlnistration, corruption, or other
means, by which the safety of the COM
/ monwealth may be endangered. The
Q attorney general, or one or more
/ persons appointed by the house of
8 assembly, shall conduct the prose-
cution. The penalty, in case of con,
Q yiction, shall be disability to hold
D office, or removal from Office pro
o tempore, or such pains and penalties
f as the laws shall direct. All officers
8 shall be removable on conviction OF
4 misbehavior at common law, or on
@ impeachment, or upon the address Of
r the General Assembly.
Q The English common law and sc
y much of the statute law as has been
9 adopted, shall remain in force, unless
: repugnant to the Constitution and
It Declaration Of Rights, or altered by
the Legislature.
10 "No person hereafter imported intc
o this State from Africa ought to be helc
l. in slavery under any pretence whatever
}, and no negro, Indian, or mulatto slave
d ought to be brought into this State, fo
IS sale. from any Fart OF the world"
" The establishment of any one re
10 ligious sect in preference to another il
lie forbidden. Clergymen, while exer
Or cising pastoral functions, are excluded
n from holding office.
IL In the last article Of the Constitution
IN it is declared that no article of tn
Q, Declaration of Rights and funda
Of mental rules, ought ever to be violates
r. on any pretence whatever. The sam
Q, declaration is made concerning thos
to articles of the Constitution itself
to fixing the name of the government
VS. establishing legislature of NV
oe branches, giving each house power t
IS govern itself, opposing the importatio
IL OF slaves, prohibiting the establish
i'd ment of one religious sect in preference
ne to another, and excluding clergyme
from holding office. Amendments t
on the other parts of the Consttutio
Id shall be made only with the consent {
pg fiye.sevenths of the house of assembly
Of and seven members Of the legislatiy
o. council. ..a.
n The establishment of cumbersom
be judiciary and privy council, and tn
,st failure to establish a separate Court {
nd Chancery may be regarded asdefects
Fl. this Constitution.
a To show the regularity and legitimnc
in of the convention, Jameson, after quo
ng ing the res buttons calling it, adds tt
caption of the new Constitution, 1
in follows: 1.-THE Constitution or syste
he of government agreed to and resolve
int upon by the representatives on full col
a vention of the Delaware State. former
of styled, Z" &C., "the said Representative
an D6iuR CbOoou Dy uhc lICoihOh Va tho 81
nm State, for that express purpose. ~ Coz
Is filming itself probably to this limitt
req Junction. says Jameson. sit vi
ivy strictly constitutional convention.
RS, But it did not so confine itself. 1t exc
ro- cised functions entirely distinct fro
the those of constitutional conventio
emit but its acts were unquestioned Publ
by exigenoies compelled, and thereto
re. justified, this irregularity." The CO
I'M. yention ordered the raising, equipEin
ivy and marching of quotas of militia I
ro- quired from the State by Congress.
ity appointed, promoted, and commission
avs officers. 1t borrowed money. 1t r
,sll stored 40 persons who had risen
and insurrection, to the favor of their cou
the try, upon profession of their penitenc
the and their promise to obey in the futu
nay the State Assembly and the Continent
'ers Congress.
ned The convention was in session
led, days. Its expense was 1852, Ids. and
.te Who wrote the first Constitution
alb Delaware? William L. Read gives
: of credit to George Read, his grandfath,
the Roberdeau Buchanan gives the cree
bly to Thomas Mexican, his great gran
and father The authorship of the Cons
the tuition has been credited to MoKean
the several other writer's. In one history
pom is credited to both Read and McKes
ivy William T. Read bases his claim up