Beginning
date for the "Incorporated Body" of the Nanticoke organization
in Indian River Hundred
Ned Heite writes, 17 Nov 1998.
The date March 10, 1881 is generally cited as the beginning date
for the "Incorporated Body" of the Nanticoke organization
in Indian River Hundred.
Much
has been written about the original corporation and who was a member,
but few of us have seen the original text. So I went down to the
archives today and got a copy of the enrolled bill, reproduced below.
It's
very interesting. I am struck by the fact that the law did not make
any mention of the "Indians" or the "Moors,"
but used circumlocutions. The name list might be useful to someone.
Here
is the full text (for use as a) reference document. The odd spelling
of certain words is preserved from the original, and I have tried
to get the punctuation right.
"An
Act to exempt certain persons from the operation of Chapter 48 of
Volume 15 of the Laws of Delaware, and to enable them to establish
schools for their children in Sussex County -------------
Section 1. Be it enacted by the Senate and House of Represetnatives
of the State of Delaware in General Assembly met (two-thirds of
each branch of the legislature concurring), that Whittington Johnson,
William A. Johnson, Samuel B. Norwood, George L. Norwood, Robert
W. Norwood, Elisha Wright, Return Wright, Selema Wright, Nicholas
Wright, James H. Kimmey, Robert Clark, Thomas H. Clark, Myers B.
Clark, Isaac Harmon, John Harmon, James H. Clark, William R. Clark,
Ann Johnson, Robert B. Johnson, John Thompson, Theodore Harmon,
Stephen M. Norwood, John Harmon, Mitchell Harmon, Gardiner Draine,
David P. Street, David R. Street, David Wright, George W. Clark,
Elias C. Clark, William Clark, all of whom are residents of Indian
River Hundred and Sussex County of this state are hereby and shall
be hereafter exempted and relieved from the operation and burdens
of Chapter 48 of Volume 15 of the Laws of Delaware, entitled, An
Act to tax colored persons for the support of their own schools
and the said Chapter 48 of Volume 15 of the Laws of Delaware shall
in no manner apply to them.
Section 2. Be it further enacted, that the parties named in the
first section and their successors are hereby incorporated in constituted
a body politic under the name of "The Indian River School Districts
for a certain class of colored persons," and in such name, may among
other things, have a corporate seal, take and hold ground for two
school houses, and the appurtenances and furniture, and for such
purpose may take and hold by devise, bequest or donations, real
and personal estate not exceeding in annual income five hundred
dollars, for the use of the schools in said district, and may alein
the same; may take bond from their collector; may prosecute actions
upon it, and any action for injury done to any property of the district,
in which they shall recover double damages and costs, and also any
action for a forfeiture or penalty due to the district; any of the
said actions may be brought before a justice of the peace, if the
sums demanded do not exceed one hundred dollars and he shall proceed
as in other demands of like amount. The said district shall not
possessany powers or franchises other than those hereby expressly
given it.
Section 3. Be it further enacted - that anyone may hereafater be
made a member of this corporation by a two thirds vote of those
present at any stated meeting thereof, upon his posting thirty days
before said stated meeting written notice of his application for
membership on the front door of each school house, provided that
no one shall be a member of this corporation who does not belong
to the class of colored persons to which those mentioned in section
one belong; is not above the age of twenty one years, a citizen
of this state and a resident of said Indian River Hundred.
Section 4. Be it further enacted that the said corporation shall
be divided into two sub-districts called respectively "Warwick District"
and "Hollyville District." The limits of said sub-districts shall
be defined by five members of the corporation to be selected by
ballot at the first meeting of the corporation. They shall make
report of their proceedings to the corporation and the same shall
be recorded in its records but said limits may in like manner be
at any time changed, the five members only to be appointed at a
stated annual meeting.
Section 5. Be it further enacted that the persons named in section
one of this act shall meet on the first Saturday of Aperil next
at two o'clock in the afternoon at some place to be selected by
a majority, and shall procede, after selecting a chairman and secretary
to elect by ballot two school committees, one for each of said sub-districts.
Such school committees shall consist of a clerk and two commissioners
and shall be elected for the term of three years. They shall also
resolve by a majority vote what sum shall be raised for the prupose
of purchasing a lot of ground and erecting thereon a school house
in each of said sub-districts provided said sum shall not excede
the sum of four hundred dollars and shall also resolve by a like
vote what sum shall be raised for the purpose of supporting the
said two schools for the ensuing year, provided said sum shall not
excede the sum of two hundred dollars.
Section 6. Be it further enacted that the members of said corporation
shall have a stated meeting every year on the first Saturday of
April at two o'clock in the afternoon. Such meeting shall be held
at the Warwick School House and Hollyville School House in the alternate
years, and shall be kept open at least one hour. Every member who
has paid his school tax for the preceding year shall have a right
to vote. One third of the members of the corporation shall constitute
a quorum and may procede to business. They may appoint a Secretary
and Chairman and shall resolve by a majority vote what ever shall
be raised for the support of said two schools provided that said
sum shall not excede in any one year the sum of two hundred dollars
in the aggregate. They shall also elect a school committee as aforesaid
for the term of three yeaars whenever the terms have expired and
shall have the power to fill any vacancies by electing some one
to serve for the residue of the term. They shall also at said stated
meeting elect by ballot five members who shall then and there procede
to apportion to each member of the corporation his or her share
or portion of the sum to be raised during the ensuing year for school
purposes as aforesaid and shall make report of the same to the said
meeting. Any member of the corporation who is dissatisfied with
the report may appeal to the meeting stating his grounds and the
matter shall be there and then decided by a majority vote. When
said report has been adopted by a majority vote it shall be fixed
and conclusive upon all parties. They shall also at said meeting
elect a collector, to whom they shall give a proper warrant to collect
the sum aforesaid from the parties upon whom it is assessed and
who shall give bond in the penal sum of four hundred dollars for
the proper performance of his duties. His oath shall be proof of
a demand, and if a member does not pay the amount apportioned to
him for ten days after demand the collector may bring suit therefor
before a justice of the peace. The collector for the past year shall
at said stated meeting render an account thereto which shall be
at once examined by a committee of three to be appointed by the
chairman.
Section 7. Be it further enacted that the School Committee of each
sub-district shall select the teachers for these respective schools
but the stated annual meeting shall determine how many months the
school shall be open and how much money shall be apportioned to
each sub district from the aggregate sum to be raised for the year.
Each school shall be open to all the children between the ages of
seven and twenty one of those members who have duly paid to the
collector of the preceding year the sums with which they were charged.
Section 8. Be it further enacted that any member who has paid all
the sums with which he is charged as aforesaid may withdraw from
membership in said corporation by giving notice at the annual stated
meeting of his intention so to do, providing however that he shall
immediately thereupon become again liable to the provisions of the
said Chapter 48 of volume 15 of the Laws of Delaware. Passed at
Dover March 10, 1881 Reynear Williams Speaker of the House of Representatives
Catesby F. F. Rust Speaker of the Senate
