DELAWARE. The name of one of the original states of the United States of America. For a time the counties of this state were connected with Pennsylvania,
under the name of territories annexed to the latter. In 1703, a
separation between them took place, and from that period clown to the
Revolution, the territories were governed by a separate legislature of
their own, pursuant to the liberty reserved to them by a clause of their
original charter. 1 Story, Constitution, §127; 1 Votes of Assembly,
131, and part 2, p. 4, of Pennsylvania.
2.
The constitution of this state was amended and adopted December 2,
1831. The powers of the government are divided into three branches, the
legislative, the executive, and the judicial.
3.
- 1st. The legislative power of the state is vested in a general
assembly, which consists of a senate and house of representatives.
4.
- 1. The senate is composed of three senators from each county; the
number may be increased by the general assembly, two-thirds of each
branch concurring, but the number of senators shall never be greater
than one-half, nor less than two-thirds of the number of
representatives. Art. 2, s. 3. The senators are chosen for four years by
the citizens residing in the several counties.
5.
- 2. The house of representatives is composed of seven members from
each county, but the general assembly, two-thirds of each branch
concurring, may increase the number. The representatives are chosen for
two years by the citizens residing in the several counties. Art. 2, s.
2.
6.
- 2d. The supreme executive power of the state is vested in a governor,
who is chosen by the citizens of the state. He holds his office during
four years, from the third Tuesday in January next ensuing his election;
and is not eligible a second time to the said office. Art. 3. Upon the
happening of a vacancy, the speaker of the senate exercises the office,
until a governor elected by the people shall be duly qualified. Art. 3,
s. 14.
7.
- 3d. The judicial power is vested in a court of errors and appeals,, a
superior court, a court of chancery, an orphan's court, a court of oyer
and terminer, a Court of general sessions of the peace and jail
delivery, a register's court, justices of the peace, and such other
courts as the general assembly, with the concurrence of two-thirds of
all the members of both houses shall, from time to time, establish. Art.
6.
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