DELAWARE.

This State was first settled by a colony of Swedes, at Wilmington, in 1627. The Dutch, however, claimed the country by virtue of earlier discovery, and in 1651 they built Fort Cassimir, on the site of New Castle. It was taken by the Swedes under the guise of a friendly visit; but in 1655 a Dutch expedition from New Netherland, completely reduced the Swedes to their authority. They allowed a part to remain, upon their taking an oath of allegiance. Some went to Maryland and Virginia, and others were sent to Europe. In 1664 it fell into the hands of the English, with the conquest of the Dutch, and for some years it continued to be ruled as a part of New York, under the government established by the Duke of York.

William Penn, deeming the possession of these settlements essential to the prosperity of his colony in Pennsylvania, obtained from the Duke of York, by two deeds of feoffment, dated August 24, 1682, the title of these lands. One of these deeds conveyed the country within a twelve-mile circle around New Cas- . tle, and the other the country below, as far south as Cape Henlopen. These tracts were called the "Territories," or the "Three Lower Counties on Delaware:" and by an act of union, executed at Upland, now Chester, December 7, 1682, they were united to Pennsylvania, and one General Assembly was established for the two colonies.

At an early period, Lord Baltimore asserted claims to the country, which were not sustained, although some years in controversy.

In 1703, a separation from Pennsylvania occurred, with the consent of the proprietary, and they were allowed a distinct and separate Assembly, although they were still under the same proprietor, and the same person acted as Governor over both, down to the period of the Revolution.

The limits of Delaware are declared by statute to be "the divisional lines between it and Maryland, ran and marked by Commissioners, and approved on the 11th of January, 1769; the circular line between it and Pennsylvania, surveyed and marked in 1701, under a warrant issued by William Penn, in pursuance of the feoffment from the Duke of York, dated August 24, 1682, as th same has been held, occupied and recognized by the said States respectivel ever since that time; low-water mark on the eastern side of the river Delawa within the twelve-mile circle from New Castle; and the middle of the bay below said circle."

The people of Delaware, acting with the colonies generally in their resistance against the oppressive measures of Great Britain, were represented in the Continental Congress from the first. On the 14th of June, 1776, the recommendation of Congress for the formation of governments in the several colonies by the people, suited to the wants of the occasion, which had been passed by that body on the 15th of May, was approved by the Assembly; and on the 27th of July they passed resolutions recommending an election on the 19th of August, of ten Delegates from each county, to meet in a Convention, that should assemble at New Castle on the 27th of that month, for the express purpose of preparing a State Constitution.

This Convention met at the time and place appointed, and on the 21st of September, 1776, completed the first Constitution of the State of Delaware.

This Constitution vested the legislative power in a General Assembly, composed of a House of Assembly of twenty-one members (seven from each county),

elected annually, and a Legislative Council of nine members, elected for three years- -one annually from each county.

The executive power was lodged with a President, elected by the General Assembly for three years, and a Privy Council of four members, chosen for two years -one annually by each House. All laws in force May 15, 1776, were continued until they expired or were repealed, if not contrary to the resolutions of Congress, or of the late House of Assembly of the State. The common law of England, and so much of.the statute law as had been heretofore adopted in practice, was continued in force, excepting such parts as were repugnant to the Constitution and the Declaration of Rights agreed upon by the Convention. The slave trade was prohibited, and no slave could be brought into the State for sale. Amendments to the Constitution might be made by the consent of five-sevenths of the Assembly and seven members of the Legislative Council.

The appointing power was chiefly vested in the President and Privy Council. The judiciary power was vested in a Court of Appeals, a Supreme Court, County Courts of Common Pleas, Orphan's Courts, and Justice's Courts.

The Supreme Court consisted of three Justices, one of whom was Chief Justice and Judge of Admiralty. There was a Court of Common Pleas and Orphan's Court in each county, composed of four Justices, one of whom was styled Chief Justice. Appeals from these courts were decided in a Court of Appeals of seven persons-the President for the time being, and three persons appointed by each House.

Amendments to the Constitution being generally thought desirable, an act was passed in 1791, for the election of Delegates to a Convention for the purpose of revising it, although the Constitution itself had provided only one method of amendment, and that by the Legislature itself. The Convention was however held, and on the 12th of June, 1792, it adjourned, after preparing a new Constitution, which went into operation without submission to the people.

By this instrument the Privy Council was abolished, the title of "President" was changed to that of "Governor," the "Legislative Council" was changed to the "Senate," and the "House of Assembly" to the "House of Representatives." Their number was not changed, but might be increased by law, yet not so that the Senate should be more than half, nor less than a third of the number of the House. The Governor was to be chosen at a general election for three years, but not two terms in succession. A Court of Chancery was created.

In 1831 a third Convention was elected to revise the Constitution. It met on the 8th of November and adjourned on the 2d of December of that year, after making sundry amendments to the Constitution, which are designated in the copy given in our text, by being placed in brackets.

The sessions of the General Assembly were made biennial, the terms of the Governor and of Senators were increased from three to four years, restrictions were laid upon the passage of laws creating corporations, the elective franchise was more exactly defined, and important changes were made in the judiciary system of the State.

The article relating to future amendments, which had formerly recommended as an unexceptionable method, that at a general election of Representatives the voters should, if they chose to do so, vote for or against a Convention, was now extended so as to require this election to be a special one, and further provided, that a majority of all the citizens in the State having right to vote for Representatives must vote on the question of holding a Convention, this majority to be ascertained by comparing the number of votes cast at the last three preceding general elections.

On the 26th of February, 1851, an act was passed for taking the sense of the

people as to the call of another Convention, which returned a vote of 3,150 for, to 1,121 against.

On the 4th of February, 1852, another act was passed, which, after reciting that at the before appointed election there was a majority of votes for a Convention, called one accordingly, to meet at Dover on the 7th of December following.

Although a majority of the votes cast were for the Convention, yet, as the whole vote for and against was not that of a majority of those in the State, as ascertained by the Constitutional rule, the legality of this Convention was denied by some, on the ground that the "unexceptionable" way pointed out by the Constitution had not been followed, while others maintained that the clause alluded to was advisory, and not imperative. A majority of the Convention held to the latter construction.

A Convention of delegates assembled at Dover on the 10th of March, 1853, to amend the State Constitution, but on submitting their work to the people, it was rejected by a vote of 2,716 for to 4,777 against.