History
The 12-Mile Circle
In 1682, James, the Duke of York gaveColonial and early American history
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 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. 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 William Rodney, grandfather of Caesar Rodney, as their first Speaker. From that year on, the assembly that met in the Court House governed Delaware alone. 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. In 1774, the assembly met here and chose three of Delaware's most famous politicians to represent the colony in theWhereas 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 assembly met, alone can and ought at this time, to establish such temporary uthority 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.When the Congress issued the
Impeachment of Samuel Chase
In 1800, U.S. Supreme Court Justice... 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 ../blockquote> 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. 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 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, PresidentThomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...appointed RodneyU.S. Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ....
Penn's heirs
In 1801,John John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second ...and Richard Penn, 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 theMidnight Judges Act The Midnight Judges Act (also known as the Judiciary Act of 1801; , and officially An act to provide for the more convenient organization of the Courts of the United States) represented an effort to solve an issue in the U.S. Supreme Court during t ...signed into law by PresidentJohn Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...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 byJared Ingersoll Jared Ingersoll (October 24, 1749 – October 31, 1822) was an American Founding Father, lawyer, and statesman from Philadelphia, Pennsylvania. He was a delegate to the Continental Congress and a signer of the United States Constitution. He serv ..., Joseph McKean (son of Thomas), and Moses Levy; the state of Delaware was represented by Caesar A. Rodney, James A. Bayard Sr., George Read Jr., and state Attorney General Nicholas Van Dyke Jr. Presiding over the case was U.S. JudgeGunning Bedford Jr. Gunning Bedford Jr. (1747 – March 30, 1812) was an American Founding Father, delegate to the Congress of the Confederation (Continental Congress), Attorney General of Delaware, a delegate to the Constitutional Convention in 1787 which drafted ...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: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 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.The Penns hadLord Gambier Admiral of the Fleet (Royal Navy), Admiral of the Fleet James Gambier, 1st Baron Gambier, (13 October 1756 – 19 April 1833) was a Royal Navy officer. After seeing action at the capture of Charleston, South Carolina, Charleston during the Ameri ...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.
Garrett and Hunn trials
One of the building's most famous of judicial proceedings was a series of trials which took place in 1848. Prominent abolitionists andUnderground Railroad The Underground Railroad was a network of clandestine routes and safe houses established in the United States during the early- to mid-19th century. It was used by enslaved African Americans primarily to escape into free states and Canada. T ...conductorsThomas Garrett Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Ap ...(a close friend and ally ofHarriet Tubman Harriet Tubman (born Araminta Ross, March 10, 1913) was an American abolitionist and social activist. Born into slavery, Tubman escaped and subsequently made some 13 missions to rescue approximately 70 slaves, including family and friends, us ...) and John Hunn were put on trial for violating theFugitive Slave Act A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also kno .... The trial was presided over by U.S. Chief JusticeRoger Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie .... Garrett was defended by his friend U.S. SenatorJohn Wales John Wales (July 31, 1783 – December 3, 1863) was an American lawyer and politician from Wilmington, in New Castle County, Delaware. He was a member of the Whig Party who served as U.S. Senator from Delaware. Early life and family Wales was .... The prosecution was handled by James A. Bayard Jr., son of U.S. Senator James A. Bayard Sr. (negotiator of theTreaty of Ghent The Treaty of Ghent () was the peace treaty that ended the War of 1812 between the United States and the United Kingdom. It took effect in February 1815. Both sides signed it on December 24, 1814, in the city of Ghent, United Netherlands (now in ...) and grandson ofRichard Bassett Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'stron ...(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. Justice Taney's instructions to the jury left little choice but a conviction: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 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.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: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 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.After the trials, Garrett corresponded withHarriet Beecher Stowe Harriet Elisabeth Beecher Stowe (; June 14, 1811 – July 1, 1896) was an American author and abolitionist. She came from the religious Beecher family and became best known for her novel ''Uncle Tom's Cabin'' (1852), which depicts the harsh ..., and four years later she used the events as the inspiration for some of the scenes in her novel ''Uncle Tom's Cabin ''Uncle Tom's Cabin; or, Life Among the Lowly'' is an anti-slavery novel by American author Harriet Beecher Stowe. Published in two volumes in 1852, the novel had a profound effect on attitudes toward African Americans and slavery in the U. ...''. 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 ''A Key to Uncle Tom's Cabin ''A Key to Uncle Tom's Cabin'' is a book by American author Harriet Beecher Stowe. It was published to document the veracity of the depiction of slavery in Stowe's anti-slavery novel ''Uncle Tom's Cabin'' (1852). First published in 1853 by Jewett ...'', 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 theFreedmen's Bureau The Bureau of Refugees, Freedmen, and Abandoned Lands, usually referred to as simply the Freedmen's Bureau, was an agency of early Reconstruction, assisting freedmen in the South. It was established on March 3, 1865, and operated briefly as a ..., and hisson A son is a male offspring; a boy or a man in relation to his parents. The female counterpart is a daughter. From a biological perspective, a son constitutes a first degree relative. Social issues In pre-industrial societies and some current c ...was elected Delaware governor and oversaw state approval of the 13th,14th 14 (fourteen) is a natural number following 13 (number), 13 and preceding 15 (number), 15. In relation to the word "four" (4), 14 is spelled "fourteen". In mathematics * 14 is a composite number. * 14 is a square pyramidal number. * 14 is a s ..., and15th 15 (fifteen) is the natural number following 14 (number), 14 and preceding 16 (number), 16. Mathematics 15 is: * A composite number, and the sixth semiprime; its proper divisors being , and . * A deficient number, a smooth number, a lucky ...Amendments to the Constitution. Taney would go on to author the decision in the famousDred Scott Dred Scott (c. 1799 – September 17, 1858) was an Slavery in the United States, enslaved African Americans, African American man who, along with his wife, Harriet Robinson Scott, Harriet, unsuccessfully sued for freedom for themselves and thei ...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 loyalty oaths and where he voted to acquit PresidentAndrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...in his impeachment trial.
Museum and National Park
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 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.
See also
* National Register of Historic Places listings in northern New Castle County, Delaware *List of National Historic Landmarks in Delaware This is a List of National Historic Landmarks in Delaware. There are 14 National Historic Landmarks (NHLs) in Delaware. NHLs They are distributed over the three counties of Delaware. Following is a complete list: See also * N ...*List of the oldest buildings in Delaware This article attempts to list the oldest extant buildings surviving in the state of Delaware in the United States of America, including the oldest houses in Delaware and any other surviving structures. Some dates are approximate and based upon den ...* Penn–Calvert Boundary Dispute *The Twelve-Mile Circle The Twelve-Mile Circle is an approximately circular arc which forms most of the boundary between Pennsylvania and Delaware. It is not actually a circle, but rather a combination of different circular arcs that have been feathered together. It is ...* Read House & Gardens * Stonum
References
External links
New Castle Court House Museum
*National Park Service Website
First State National Historical Park
* {{authority control County courthouses in Delaware Buildings and structures in New Castle, Delaware History museums in Delaware Museums in New Castle County, Delaware Courthouses on the National Register of Historic Places in Delaware National Historic Landmarks in Delaware Historic American Buildings Survey in Delaware British colonial architecture in the United States Colonial architecture in Delaware National Register of Historic Places in New Castle County, Delaware First State National Historical Park