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health and a slave remains. After mature reflection, I can assure this assembly it is my opinion at this time that the verdicts you have given the prosecutors against John Hunn and myself, within the past few days, will have a tendency to raise a spirit of inquiry throughout the length and breadth of the land, respecting this monster evil (slavery), in many minds that have not heretofore investigated the subject. The reports of those trials will be published by editors from Maine to Texas, and the far West; and what must be the effect produced? It will, no doubt, add hundreds, perhaps thousands, to the present large and rapidly increasing army of
Abolitionists. The injury is great to us who are the immediate sufferers by your verdict; but I believe the verdicts you have given against us within the last few days will have a powerful effect in bringing about the abolition of slavery in this country—this land of boasted freedom, where not only the slave is fettered at the South by his lordly master, but the white man at the North is bound as in chains to do the bidding of his Southern masters.
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by
Statute—tho not by Constitution. The question here is whether there is a statutory jurisdiction. This is to be determined by the consideration whether we are to be governed by Statute in force or repealed. The Act of 1801 is repealed without a saving. This is not an ex post facto law—it is retrospective as to rights, I agree, but against no part of the Constitution. I know that in England construction has gone a great way in construction of the words of Statutes. This doctrine I explode. If the words of Statutes are clear, I am bound, tho the provision be unjust. This I hold to be the duty of an American Judge. A Judge has in this Country only to say Sic lex est scripta. Here is a Statute which gave a jurisdiction. It has been repealed. What are we to do. No power remains. The law repealed is dead & is as if it never existed.
609:... understood "that a highly seditious temper had manifested itself in the State of Delaware among a certain class of people, particularly in Newcastle County, and more especially in the town of Wilmington, where lived a most seditious printer, unrestrained by any principle of virtue, and regardless of social order, that the name of this printer was..." --but checking himself, as if sensible of the indecorum which he was committing, added "that it might be assuming too much to mention the name of this person, but it becomes your duty, gentlemen, to inquire diligently into this matter," or words to that effect
601:. The grand jury declined to issue any indictments, but Chase refused to release them from service, insisting he was aware of at least one seditious newspaper and ordering files of the town's newspapers brought in for the jury to review as evidence. The justice was not an impartial party, as the seditious activity he wanted indicted was a local printer's criticisms of Chase himself, over the justice's attacks on free speech rights. Chase was furious at the refusal to indict, complaining "that ... he could not get a single man indicted in Delaware, while he could in every other place."
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assembly met, alone can and ought at this time, to establish such temporary . Resolved unanimously, that all persons holding any office, civil or military, in this colony, on the 13 day of June instant, may and shall continue to execute the same, in the name of the government of the
Counties of New Castle, Kent, and Sussex Upon Delaware, as they used legally to exercise it in the name of the King, until a new government shall be formed, agreeable to the resolution of Congress of 15 May instant.
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House alleged that Chase had been engaged in a witch hunt to silence
Democratic opposition, and that he had abused his authority by refusing to release the grand jury in New Castle. The article of impeachment stated that Chase, "did descend from the dignity of a judge and stoop to the level of an informer by refusing to discharge the grand jury, although entreated by several of the said jury so to do," and quoted his words to the grand jury in saying that he:
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met in New Castle instead, such as in 1684 and 1690. In 1700, the
Pennsylvania colonial assembly met in the recently constructed Court House, with William Penn in attendance. In addition to the routine passing of laws, Penn's primary focus during the 1700 session was healing a rift that had developed between the assemblymen from Pennsylvania proper and those from Delaware.
135:
110:
792:, where she noted, "The writer had in mind, at the time of writing, the scenes in the trial of Garret, of Wilmington, Delaware, for the crime of hiring a hack to convey a mother and four children from Newcastle jail to Wilmington." By the time the Civil War broke out, Garrett had helped 2,700 slaves escape to freedom. Hunn served with the
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absolute knowledge on the part of the defendant that these persons were slaves. If, at the time, or before he harbored them, circumstances came to his knowledge sufficient to put a prudent man upon his inquiry, it is "knowingly harboring" within the meaning of the act of
Congress, and makes him liable to the penalty.
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arguments of the trial, in which he stated, "Give any human being judicial power for life, and annex to the exercise of it the kingly maxim 'that he can do no wrong,' you may call him a judge or justice, no matter what is the appellation, and you transform him into a despot." Two years later, President
682:
The question is whether this Court now have a jurisdiction, not whether they have had. The question is very different whether
Judicial power extends to a particular case & whether the jurisdiction of a particular Court embraces the case. Congress has certainly power to vary a jurisdiction created
477:
The oldest known courthouse on the site dates back to 1687. The building was originally both a courthouse and a seat of government, as the building was used by the colonial assembly. During the years when
Pennsylvania and Delaware shared an assembly, it generally met in Philadelphia, but occasionally
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met in the Court House in 1750, where it was agreed by both sides that the cupola of the Court House building would be used as the center of the 12-mile circle. The
Commission met in the Court House again in 1751 and 1760. The final survey of the borders as part of the boundary dispute was conducted
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I now pledge myself, in the presence of this assembly, to use all lawful and honourable means to lessen the burdens of this oppressed people, and endeavour, according to ability furnished, to burst their chains asunder, and set them free; not relaxing my efforts on their behalf while blessed with
766:
Both
Garrett and Hunn were found guilty and were issued fines heavy enough to bankrupt both men. Despite the fines, Garrett and Hunn defiantly declared they would continue helping slaves escape to freedom. Upon hearing Taney's punishment, Garrett gave a speech to the courtroom in which he stated:
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In 1804, Chase became the first, and only, Justice of the Supreme Court impeached by the House. One of the eight articles of impeachment focused on the justice's conduct in the New Castle Court House. Delaware's U.S. Representative Caesar A. Rodney was one of the House's impeachment managers. The
617:
Though the attempt to remove Chase was unsuccessful, Rodney fared well, as he was considered the strongest speaker of the managers. The Virginia Law Register stated, "The Managers were entirely overmatched, and with the exception of Rodney, of Delaware, won no praise." He gave one of the closing
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The Court House was opened as a museum by the state of Delaware in 1963. The building is now part of First State National Historical Park. The park's headquarters and visitor's center will be located in the Sheriff's House adjacent to the Court House. The National Historical Park was created to
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To entitle the plaintiff to a verdict in this case, it is necessary for him to have proved property of the slaves. This has not been contradicted by the defense. It only remains then to prove that they escaped, and that the defendant harbored them, knowing them to be slaves. It does not require
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Whereas it is become absolutely necessary for the safety, protection, and happiness of the good people of this colony, forthwith to establish some authority adequately to the exigency of their affairs, until a new government can be formed; and Whereas the representatives of the people, in this
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has been used as the unofficial dividing line between the north and the south. The Penns and Calverts agreed to the results of the Mason-Dixon survey, and their border dispute was resolved when the British crown ratified the border in 1769. The circle was surveyed again in 1849 by the Army's
1063:"The Federal Cases: Comprising Cases Argued and Determined in the Circuit and District Courts of the United States from the Earliest Times to the Beginning of the Federal Reporter, Arranged Alphabetically by the Titles of the Cases and Numbered Consecutively, Book 30"
577:). The streets around the Court House were regraded so that it would loom above street level as a result of the town plan Latrobe devised. As part of this survey, the architects drew detailed images of the New Castle Court House that were used for later restorations.
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This attempt was unsuccessful. In 1704, after the Pennsylvania counties sought to expand their representation in the assembly, the three Delaware counties demanded, and were granted, an independent assembly so they could pass their own laws. They chose
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before the end of his term. The Act was repealed in 1802. In 1804, the case was heard in a trial at the New Castle Court House. The case was notable for the prominence of the legal teams assembled on each side. The Penns were represented by
586:
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517:. It was in this building that the assembly, at McKean's urging, voted on June 13, 1776 to sever all ties with England as well as the state of Pennsylvania, with which Delaware still shared a governor. The assembly resolved that:
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and Justice Samuel Chase. After hearing the legal arguments from each side, Chase determined that the repeal of the 1801 Act left the court without authority to decide the case, and he dismissed it with a memorable opinion:
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650:, heirs of William, brought a federal lawsuit seeking compensation for the uncultivated lands of Delaware which they claimed they were entitled to as former proprietors. The damages they sought were allowed under the
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This earlier building was mostly destroyed by a fire in 1729 caused by a prisoner's attempt to escape. The Court House was rebuilt on the same site within a year, and the foundation of the original is still visible.
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Chase defended himself by stating that if he was aware of a federal law having been broken, it was his duty to bring it to the attention of the court. The Senate found Chase not guilty on each count of impeachment.
361:, and thus began an 87-year legal struggle between the two families. Penn first commissioned a survey of the circle in 1701. As part of the boundary dispute, the two families created a Commission led by Governor
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case in 1857, which held that blacks could not be considered American citizens. Bayard later defeated Wales again in 1850 when he won election to the Senate, where he became one of the fiercest critics of the
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preserve and interpret the unique history of the region's colonization by the Swedes, Dutch, and English, and Delaware's role in establishing the United States leading up to it becoming the first state.
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bring the claim up to Bayard when the two were negotiating the Treaty of Ghent, but Bayard claimed he had no authority to negotiate the issue, and the Penns made no further legal attempts at the claim.
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450:) regarding the history of colonial deeds and the origin of the Twelve-Mile Circle. Sergeant ruled that the deed for the circle was valid and the island had belonged to the state of Delaware.
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inside the Court House. This was the first adoption of a state constitution following the issuance of the Declaration. The building served as the state's first capitol until 1777, when
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786:. Garrett was the primary basis for the character of Simeon Halliday. Stowe also described the trials and recounted her correspondence with Garrett in her book
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The borders created by the 12-mile circle were also heavily contested by New Jersey beginning in 1820, when New Jersey disputed Delaware's cessation of
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a deed for land consisting of a 12-mile circle around the town of New Castle. The borders established by this deed were almost immediately contested by
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New Jersey contested the circle's borders again in 1872, when Delaware arrested several New Jersey fishermen and New Jersey claimed ownership of the
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494:, grandfather of Caesar Rodney, as their first Speaker. From that year on, the assembly that met in the Court House governed Delaware alone.
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746:(one of the drafters of the U.S. Constitution). The trials mostly served to harden the feelings over slavery of each of the men involved.
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was that the state of Delaware had the valid claim. After conflicting opinions from two different circuit courts on the issue, President
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One of the building's most famous of judicial proceedings was a series of trials which took place in 1848. Prominent abolitionists and
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of Maryland, and the Commission met in the New Castle Court House four times in 1732 and 1733. A subsequent Commission, including
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667:; the state of Delaware was represented by Caesar A. Rodney, James A. Bayard Sr., George Read Jr., and state Attorney General
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to the United States government since the island was primarily on the New Jersey side of the river. Secretary of War
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In 1774, the assembly met here and chose three of Delaware's most famous politicians to represent the colony in the
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convened a grand jury at the New Castle Court House and sought indictments against seditious newspapers under the
561:) was living in New Castle, the architect performed a survey and designed a town plan along with his apprentices
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as the new capital city. The building continued to house both state and federal judicial proceedings until 1888.
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1236:"Federal Justice in the First State: A History of the United States District Court for the District of Delaware"
530:, it was read to the citizens of the town from the balcony on the second floor. Later in 1776, Delaware's first
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1041:"American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Volume 33"
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Individually listed contributing properties to historic districts on the National Register in Delaware
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were captured by the British. In light of the danger, Delaware's government moved south, establishing
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in 1972. The building is also a contributing property to a second National Historic Landmark, the
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465:, and the extensive history of the circle and border dispute were documented by Justice
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National Register of Historic Places listings in northern New Castle County, Delaware
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386:, who ran a series of chains on a straight 12-mile line from the Court House. Their
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Station Master on the Underground Railroad: The Life and Letters of Thomas Garrett
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Robin K. Bodo; Cynthia R. Snyder & Anthony D'Antonio Jr. (October 26, 2001).
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Justice Taney's instructions to the jury left little choice but a conviction:
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Old New Castle Courthouse, Delaware Street, New Castle, New Castle County, DE
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Justice Samuel Chase, who was impeached over his actions in the Court House
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734:. The prosecution was handled by James A. Bayard Jr., son of U.S. Senator
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intervened in 1847 and suggested an arbitrator resolve the disagreement.
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and has played a role in a number of historic events. It was declared a
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Democracy in Delaware: The Story of the First State's General Assembly
442:) and a citizen of New Jersey (represented by former Secretary of War
876:
1273:
1260:
Humphrey, Alexander Pope (1899). "The Impeachment of Samuel Chase".
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was drafted and adopted by a convention including Read, McKean, and
1701:
National Register of Historic Places in New Castle County, Delaware
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Courthouses on the National Register of Historic Places in Delaware
1203:"The Impeachment of Samuel Chase: Redefining Judicial Independence"
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several times (primarily in 1877, 1934, and 2007) in cases named
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was elected Delaware governor and oversaw state approval of the
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heard arguments from the United States (represented by Senators
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1178:"The Sedition Act Trials — Historical Background and Documents"
980:"National Historic Landmark Nomination: New Castle Court House"
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up to the middle point. The issue has been adjudicated by the
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1443:", 4 photos, 3 data pages, supplemental material
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Category:National Register of Historic Places in Delaware
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Taney would go on to author the decision in the famous
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that defines most of the border between the states of
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109:
1392:"Establishment of the First State National Monument"
726:. The trial was presided over by U.S. Chief Justice
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History of the National Register of Historic Places
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1691:British colonial architecture in the United States
730:. Garrett was defended by his friend U.S. Senator
1306:. The Historical Society of Pennsylvania: 182–203
1661:Buildings and structures in New Castle, Delaware
410:requested a legal opinion from Attorney General
852:List of National Historic Landmarks in Delaware
1686:Historic American Buildings Survey in Delaware
1304:Pennsylvania Magazine of History and Biography
297:and parts of the borders between Delaware and
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8:
1135:
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776:After the trials, Garrett corresponded with
1635:Portal:National Register of Historic Places
1158:. Community History and Archaeology Program
27:Historical building in New Castle, Delaware
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1197:
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928:National Historic Landmark summary listing
414:. Wirt's conclusion, based on a report by
84:
1478:U.S. National Register of Historic Places
1366:"Senator resigns to protest loyalty oath"
1300:"The End of the Penns' Claim to Delaware"
1293:
1291:
1018:"A brief history of the Mason-Dixon Line"
51:U.S. National Register of Historic Places
1084:State of New Jersey v. State of Delaware
918:
916:
857:List of the oldest buildings in Delaware
69:U.S. National Historic Landmark District
1681:National Historic Landmarks in Delaware
1098:"National Historic Landmark Nomination"
930:. National Park Service. Archived from
888:
824:and where he voted to acquit President
673:Presiding over the case was U.S. Judge
397:United States Coast and Geodetic Survey
310:oldest courthouses in the United States
1671:Museums in New Castle County, Delaware
1338:
1336:
999:
988:
897:"National Register Information System"
34:
663:, Joseph McKean (son of Thomas), and
446:and former Secretary of the Treasury
7:
1706:First State National Historical Park
1432:First State National Historical Park
1208:. Rutgers Law Review. Archived from
902:National Register of Historic Places
722:were put on trial for violating the
593:In 1800, U.S. Supreme Court Justice
322:First State National Historical Park
473:Colonial and early American history
1437:Historic American Buildings Survey
1156:"The Latrobe Survey of New Castle"
25:
1696:Colonial architecture in Delaware
1298:Rodney, Richard S. (April 1937).
430:was appointed arbitrator, and in
1629:
1620:
1619:
1536:
1529:
1126:. Associated University Presses.
1061:West Publishing Company (1897).
812:Amendments to the Constitution.
575:Second Bank of the United States
393:Corps of Topographical Engineers
133:
126:
108:
101:
1430:National Park Service Website:
1039:United States Congress (1860).
485:The Court House's Assembly Room
60:U.S. National Historic Landmark
1656:County courthouses in Delaware
1586:Wilmington (New Castle County)
357:, proprietor of the colony of
239:
1:
1426:New Castle Court House Museum
955:"Delaware's State Boundaries"
862:Penn–Calvert Boundary Dispute
654:signed into law by President
526:When the Congress issued the
365:of Pennsylvania and Governor
283:New Castle Court House Museum
142:Show map of the United States
90:New Castle Court House Museum
43:New Castle Court House Museum
18:New Castle County Court House
1345:"A Key to Uncle Tom's Cabin"
714:(a close friend and ally of
418:and former Attorney General
318:New Castle Historic District
287:circle with a 12-mile radius
227:New Castle Historic District
32:United States historic place
1666:History museums in Delaware
1607:National Historic Landmarks
1400:, Presidential Proclamation
581:Impeachment of Samuel Chase
528:Declaration of Independence
459:United States Supreme Court
395:, and again in 1892 by the
1727:
1241:. Delaware Public Archives
828:in his impeachment trial.
789:A Key to Uncle Tom's Cabin
702:Emeline and Samuel Hawkins
699:
314:National Historic Landmark
1615:
1527:
1180:. Federal Judicial Center
1140:Hoffecker, Carol (2004).
238:NRHP reference
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83:
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66:
57:
48:
41:
37:
1439:(HABS) No. DE-80, "
1020:. University of Delaware
985:. National Park Service.
872:Read House & Gardens
832:Museum and National Park
215:Architectural style
1343:Harriet Beecher Stowe.
1103:. National Park Service
924:"New Castle Courthouse"
696:Garrett and Hunn trials
599:Alien and Sedition Acts
565:(later designer of the
347:James, the Duke of York
1501:Keeper of the Register
1368:. United States Senate
998:Cite journal requires
867:The Twelve-Mile Circle
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463:New Jersey v. Delaware
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341:The Twelve-Mile Circle
272:Designated NHLDCP
1565:New Castle (Southern)
1560:New Castle (Northern)
1516:National Park Service
1496:Contributing property
1262:Virginia Law Register
1122:Munroe, John (1979).
907:National Park Service
778:Harriet Beecher Stowe
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700:Further information:
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669:Nicholas Van Dyke Jr.
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624:U.S. Attorney General
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559:United States Capitol
557:(the designer of the
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184:39.65972°N 75.56361°W
73:Contributing Property
953:William S. Schenck.
708:Underground Railroad
503:Continental Congress
157:New Castle, Delaware
117:Show map of Delaware
1144:. Cedar Tree Books.
1124:History of Delaware
934:on December 6, 2007
909:. January 23, 2007.
738:(negotiator of the
736:James A. Bayard Sr.
675:Gunning Bedford Jr.
652:Midnight Judges Act
567:Washington Monument
555:Benjamin H. Latrobe
467:Benjamin N. Cardozo
440:James A. Bayard Jr.
285:is the center of a
264:Designated NHL
189:39.65972; -75.56361
180: /
1390:(March 25, 2013),
1234:Hoffecker, Carol.
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742:) and grandson of
724:Fugitive Slave Act
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591:
573:(architect of the
571:William Strickland
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469:in the 1934 case.
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333:The 12-Mile Circle
155:211 Delaware St.,
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1506:Historic district
1410:National Archives
1215:on August 5, 2010
794:Freedmen's Bureau
783:Uncle Tom's Cabin
622:appointed Rodney
536:Nicholas Van Dyke
432:Independence Hall
308:It is one of the
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275:December 24, 1967
267:November 28, 1972
259:November 28, 1972
251:Significant dates
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744:Richard Bassett
740:Treaty of Ghent
704:
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661:Jared Ingersoll
632:
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436:John M. Clayton
416:George Read Jr.
408:John C. Calhoun
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753:Thomas Garrett
716:Harriet Tubman
712:Thomas Garrett
697:
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687:The Penns had
631:
628:
582:
579:
553:In 1804, when
492:William Rodney
474:
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455:Delaware River
448:George M. Bibb
384:Jeremiah Dixon
363:Patrick Gordon
355:Lord Baltimore
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1579:Lists by city
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822:loyalty oaths
818:
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638:The Courtroom
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511:Caesar Rodney
508:
507:Thomas McKean
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428:John Sergeant
425:
424:James K. Polk
421:
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380:Charles Mason
376:
375:Benjamin Chew
372:
371:William Allen
368:
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311:
306:
304:
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296:
292:
288:
284:
274:
270:
266:
262:
258:
256:Added to NRHP
254:
249:
246:
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236:
232:
228:
225:
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213:
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198:
193:
165:
161:
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52:
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40:
36:
30:
19:
1408:– via
1402:, retrieved
1395:
1382:
1370:. Retrieved
1360:
1348:. Retrieved
1326:
1320:
1308:. Retrieved
1303:
1265:
1261:
1255:
1243:. Retrieved
1229:
1217:. Retrieved
1210:the original
1182:. Retrieved
1172:
1160:. Retrieved
1150:
1141:
1123:
1117:
1105:. Retrieved
1092:
1086:, 291 US 361
1083:
1078:
1068:February 28,
1066:. Retrieved
1056:
1046:February 28,
1044:. Retrieved
1034:
1022:. Retrieved
1012:
991:cite journal
973:
961:. Retrieved
948:
936:. Retrieved
932:the original
927:
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891:
835:
814:
787:
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689:Lord Gambier
686:
681:
672:
648:Richard Penn
641:
630:Penn's heirs
616:
612:
608:
603:
595:Samuel Chase
592:
563:Robert Mills
552:
540:Philadelphia
532:Constitution
525:
520:
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496:
488:
476:
452:
412:William Wirt
401:
351:William Penn
344:
307:
295:Pennsylvania
282:
280:
29:
1595:Other lists
1372:January 31,
1350:January 29,
1310:February 4,
1245:February 4,
1219:February 4,
1184:February 4,
1162:January 31,
1024:January 31,
728:Roger Taney
710:conductors
515:George Read
378:in 1763 by
367:Samuel Ogle
187: /
163:Coordinates
1650:Categories
1107:January 6,
938:October 2,
883:References
817:Dred Scott
796:, and his
732:John Wales
665:Moses Levy
656:John Adams
544:Wilmington
444:John Eaton
299:New Jersey
231:ID67000003
175:75°33′49″W
172:39°39′35″N
1548:by county
720:John Hunn
642:In 1801,
345:In 1682,
1482:Delaware
841:See also
359:Maryland
303:Maryland
291:Delaware
245:72000285
218:Georgian
152:Location
1602:Bridges
1404:June 6,
1282:1098896
328:History
223:Part of
205: (
1570:Sussex
1489:Topics
1280:
963:May 6,
877:Stonum
808:, and
718:) and
569:) and
513:, and
1546:Lists
1278:JSTOR
1239:(PDF)
1213:(PDF)
1206:(PDF)
1101:(PDF)
983:(PDF)
958:(PDF)
548:Dover
349:gave
200:Built
1555:Kent
1406:2013
1374:2015
1352:2015
1312:2015
1247:2015
1221:2015
1186:2015
1164:2015
1109:2015
1070:2015
1048:2015
1026:2015
1004:help
965:2011
940:2007
810:15th
806:14th
802:13th
646:and
644:John
542:and
438:and
382:and
373:and
301:and
293:and
281:The
207:1730
203:1730
1480:in
1270:doi
798:son
240:No.
1652::
1394:,
1335:^
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1194:^
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995::
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1002:(
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233:)
229:(
209:)
20:)
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