Page:The American Cyclopædia (1879) Volume V.djvu/776

 772 DELAWARE stitution of the United States, colored citizens have the right of suffrage on the same terms as whites. The general assembly consists of a senate of 9 members (3 from each county), chosen for four years, and a house of repre- sentatives of 21 members (7 from each county), chosen for two years. Senators must be 27 years of age, and u have, in the county in which they shall be chosen, a freehold estate in 200 acres of land, or an estate in real or personal property, or in either, of the value of 1,000 pounds at least." Representatives must be 24 years of age. Every member of the legisla- ture must " have been a citizen and inhabitant of the state three years next preceding the first meeting of the legislature after his elec- tion, and the last year of that term an inhab- itant of the county in which he shall be chosen." The pay of senators and representa- tives is $3 a day and mileage. The elections are held on the second Tuesday of November. The legislature meets biennially on the first Tues- day of January in odd years. The governor is elected for four years, and has a salary of $1,333 ; he must be 30 years of age, have resided in the state six years next before his election, and have been 12 years a citizen of the United States. He is not eligible for a second term. The state treasurer and auditor (salary $600 each) are elected by the general assembly for two years ; the term of the secre- tary of state (salary $500 and fees) is four years. The attorney general (salary $500 and fees) holds office for five years. The governor has the power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeachment, and appoints all officers established by the constitution and by law, whose appointment is not otherwise provided for in the constitution. The house of repre- sentatives has the power of impeachment, two thirds of all the members concurring. The senate constitutes the court for the trial of impeachments, and two thirds of the senators must concur in a conviction. There are five judges, one of whom is chancellor and presi- dent of the orphans' court, one is chief justice of the state, and three are associate justices, one resident in each county. The chief justice and two of the associates form the superior court and court of general sessions, and all the judges except the chancellor form the court of oyer and terminer. The court of errors and appeals is composed of three or more judges. The orphans' court consists of the chancellor and the associate judge of the county. Judges are appointed by the governor, and hold office during good behavior. Probate courts are held by registers of wills, with appeal to the superior court. The salary of the chan- cellor and the chief justice is $2,000 each, and of the associate justices $1,700 each. Minis- ters of the gospel are prohibited from holding any civil office in the state. No act of incor- poration can be passed except with the con- currence of two thirds of each branch of the legislature, and with a power of revocation reserved, nor for a longer period than 20 years^ unless it be an incorporation for public im- provement. Amendments to the constitution must be proposed by two thirds of each house, with the approval of the governor, and be ratified by three fourths of each branch of the legislature after the next general election of representatives. Conventions can be called only by the authority of the people, expressed at a special election ordered by the legislature. Treason, murder in the first degree, rape, arson when committed on a dwelling or building connected therewith, and breaking and enter- ing a dwelling at night with intent to commit murder, rape, or arson, are punished with death. Murder in the second degree is punished by imprisonment for life. Other punishments are fines, imprisonment for a term of years, stand- ing in pillory not more than an hour, and public whipping with not more than 60 lashes. The superior court has sole cognizance of ac- tions for divorce. Adultery of the wife and impotence of either party at the time of marriage are grounds for absolute divorce. An absolute or a limited divorce, in the discretion of the court, may be granted for adultery of the husband, for extreme cruelty, for wilful absence of either party from the other for three years with the intention of abandon- ment, and for various other causes. The real estate, mortgages, stocks, and silver plate be- longing to a woman at marriage, or to which she becomes entitled during marriage, are her separate property, not subject to the control nor liable for the debts of her husband ; but she cannot make a conveyance without his consent. The valuation of property, accord- ing to the federal censuses, has been as follows : YEARS. ASSESSED VAL0E. True value of real and per- sonal estate. Total. Real estate. Personal estate. 1850 $21,062,556 46,242,181 97,180,883 1860... 18TO... $39,767,233 64,787,223 $26,273,803 48,744,783 $13,493,430 16,042,440 The total taxation in 1870 was $418,092, of which $83,666 was state tax, $189,994 county tax, and $144,432 town, city, &c., tax. The county debt amounted to $139,875 ; the town, city, &c., debt was $386,250. Previous to the civil war there was no state debt, but during its continuance bonds to the amount of $1,110,- 000 were issued to pay bounties to volunteers, and to aid drafted men to pay commutation and procure substitutes. Bonds to the amount of $352,000 have been lent to the Junction and Breakwater railroad, secured by a first mort- gage on the entire road. The outstanding debt, Dec. 15, 1872, was $1,325,000 ; $137,000 having been paid, mostly during the preceding year. The bonds lent to the Delaware railroad, and guaranteed by the Philadelphia, Wilmington, and Baltimore company, the payment of which is amply provided for, are not regarded as