New Castle, Delaware’s First Capital

Sunday, December 25, 2011 5:42
Posted in category Federal Judicial Selection
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New Castle, Delaware was founded in 1651 by the Dutch, taken over by the Swedes and finally Wonderful Britain. Incorporated into the Commonwealth of Pennsylvania by William Penn, as 1 of its six counties, it was a key port along the Delaware River. In 1704 the 3 counties of Delaware were given the correct to make their own laws, as long as they remained faithful to the Governor of Pennsylvania. With the American Revolution, the town became the initial capital of Delaware, later moved to Dover, much more centralized and much more simply defended.

Today the State House has been restored, having served as a gymnasium, restaurant and other sundry uses. Some notable judicial proceedings happened in this courthouse. Around 1800 Chief Justice of the Federal Supreme Court Samuel Chase presided over a grand jury hearing judging the seditious articles written by a local newspaper. The grand jury could come across nothing. But Chase badgered them and held them in contempt until they accused the newspaper editor of sedition. For this star high quality behavior and other equally outrageous acts while conducting juris prudence, Chase joins the distinguished business of Andrew Johnson and William Clinton as receiving the accolades of the articles of impeachment. Like Clinton and Johnson, he did not leave office.

One more landmark case featured the most revered Supreme Court Justice Taney, who also handed down the Dred Scott decision. This regarded an operator of the Underground Railroad, who was subsequently discovered guilty and fined a excellent deal of cash: another nail into the coffin for the Civil War.

The final case held in the Courthouse was 1 of the most notorious, Delaware vs. Neal. In 1880 a black man was charged in raping a white woman; a capital offense. His lawyer, losing the case in New Castle Court, petitioned the Federal Government to hear the case based on the exclusion of blacks in the jury selection. Even though blacks comprised seventeen percent of Delaware’s population, none ever served on grand or petit jury. The Supreme Court declared a mistrial, and the new 1 took location at the new courthouse in Wilmington where he was acquitted.  Interestingly enough, the jury in that second trial was also all white, but it was the beginning of adding African-Americans to the jury selection procedure. William Penn was extremely foresighted in that even in the 1600′s disputes between Native Americans were to be settled by a jury composed equally of Indians and whites.

These days New Castle is a quiet town with cobblestone and brick streets and sidewalks. The town still captures the spirit of Colonial days and the early nation with its row houses, the Green, town market and the square in front of the Courthouse and city hall.

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