Caleb S. Layton
Encyclopedia
Hon. Caleb Sipple Layton (April 12, 1798 – October 3, 1882) was at various stages of his life a lawyer
, member of the Delaware House of Representatives
, a Delaware State Senator
, Secretary of State of Delaware
, and Associate Justice
of the Delaware Superior Court
. He was a resident of Sussex County, Delaware
.
. He was the oldest of a family of six sons and three daughters. Soon after his birth the family moved to Milton, Delaware
, where he was educated at local schools. He subsequently received more advanced instruction at the Philadelphia Grammar School. After completing his academic courses he returned to his native county and engaged in business with his father. On October 14, 1819, he married Penelope, daughter of Governor Caleb Rodney
and Elizabeth West. The following year he was appointed Clerk of the Peace
for Sussex County
. He resigned this office in 1822, and entered upon the study of law with Thomas Cooper
of Georgetown
, one of the leading members of the Sussex bar. At the session of the State Legislature
in 1824–25 he served as clerk of the Delaware Lower House
, and was admitted to practice as an attorney-at-law
in 1826.
, and was re-elected for several successive terms. In 1830 he was elected a member of the Delaware Senate
.
During the administration of Governor David Hazzard
he served as Secretary of State of Delaware
and was again appointed to the same office by Governor Charles Polk in 1836. While occupying this position he was appointed an Associate Justice
of the Superior Court of Delaware, and occupied that place until July 1844, when, owing to the insufficiency of the fiscal returns from the office, he was compelled to resign. He returned to the practice of his profession in Georgetown and continued to be a respected leader of the Delaware bar.
Aside from his professional prominence, Judge Layton exerted a wide influence in the domain of politics. He advocated the principles and sustained the purposes of the political organization to which he belonged. Originally he identified with the Federalist
and Whig
parties, and transitioned into the Republican Party
as the American Civil War
drew closer. He was noted by local historians to have been a forcible speaker, a close and accurate reasoner and a recognized leader in political life from 1825 until within a few years of his demise. He was the author of the free school system of the State, having caused the bill to be introduced and established. He was strongly opposed to slavery
, and, as a member of the Legislature, caused the first abolition
bill
to be introduced in the State of Delaware.
His father died on June 26, 1849. Judge Layton's first wife died in July, 1855. She had nine children, as follows:
For his second wife Judge Layton married Anna M., daughter of Dr. William Morris, of Dover, Delaware
. She died in the fall of 1886.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, member of the Delaware House of Representatives
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
, a Delaware State Senator
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
, Secretary of State of Delaware
Secretary of State of Delaware
The Secretary of State of Delaware is the head of the Department of State of the U.S. state of Delaware. The Department is in charge of a wide variety of public and governmental services, and is divided into the following divisions:* * * * *...
, and Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
of the Delaware Superior Court
Delaware Superior Court
The Delaware Superior Court is the state trial court of general jurisdiction in the state of Delaware. It has original jurisdiction over most criminal and civil cases...
. He was a resident of Sussex County, Delaware
Sussex County, Delaware
Sussex County is a county located in the southern part of the U.S. state of Delaware. As of 2010 the population was 197,145, an increase of 25.9% over the previous decade. The county seat is Georgetown. The Seaford Micropolitan Statistical Area includes all of Sussex County.Sussex County is...
.
Early life
Caleb S. Layton was born on the family homestead to Lowder Layton and Sarah, daughter of Caleb Sipple, of Kent CountyKent County, Delaware
Kent County is a county located in the central part of the U.S. state of Delaware. It is coextensive with the Dover, Delaware, Metropolitan Statistical Area. As of 2010 the population was 162,310, a 28.1% increase over the previous decade. The county seat is Dover, the state capital...
. He was the oldest of a family of six sons and three daughters. Soon after his birth the family moved to Milton, Delaware
Milton, Delaware
Milton is a town in Sussex County, Delaware, in the United States. The population was 2,576 at the 2010 census, an increase of 55.5% over the previous decade. It is part of the Seaford, Delaware Micropolitan Statistical Area. Delaware Route 5 passes through Milton.- History :Located at the head of...
, where he was educated at local schools. He subsequently received more advanced instruction at the Philadelphia Grammar School. After completing his academic courses he returned to his native county and engaged in business with his father. On October 14, 1819, he married Penelope, daughter of Governor Caleb Rodney
Caleb Rodney
Caleb Rodney was an American merchant and politician from Lewes, in Sussex County, Delaware. He was a member of the Federalist Party, who served in the Delaware General Assembly and as Governor of Delaware....
and Elizabeth West. The following year he was appointed Clerk of the Peace
Clerk of the Peace
A clerk of the peace held an office in England and Wales whose responsibility was the records of the Quarter Sessions and the framing of presentments and indictments. They had legal training, so that they could advise justices of the peace.-England and Wales:...
for Sussex County
Sussex County, Delaware
Sussex County is a county located in the southern part of the U.S. state of Delaware. As of 2010 the population was 197,145, an increase of 25.9% over the previous decade. The county seat is Georgetown. The Seaford Micropolitan Statistical Area includes all of Sussex County.Sussex County is...
. He resigned this office in 1822, and entered upon the study of law with Thomas Cooper
Thomas Cooper (representative)
Thomas Cooper was an American lawyer and politician from Georgetown, in Sussex County, Delaware. He was a member of the Federalist Party, who served in the Delaware General Assembly and as U. S. Representative from Delaware....
of Georgetown
Georgetown, Delaware
Georgetown is a town in Sussex County, Delaware, United States. According to 2010 census figures, the population of the town is 6,422, an increase of 38.3% over the previous decade...
, one of the leading members of the Sussex bar. At the session of the State Legislature
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
in 1824–25 he served as clerk of the Delaware Lower House
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
, and was admitted to practice as an attorney-at-law
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in 1826.
Career in Law and Politics
Layton soon established a wide reputation for himself as a wise counselor and a zealous and popular advocate before the jury. In 1826 he was elected a member of the Lower House of the State LegislatureDelaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
, and was re-elected for several successive terms. In 1830 he was elected a member of the Delaware Senate
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
.
During the administration of Governor David Hazzard
David Hazzard
David Hazzard was an American merchant and politician from Milton, in Sussex County, Delaware. He was a member of the Democratic-Republican Party, then the National Republican Party, and finally the Whig Party...
he served as Secretary of State of Delaware
Secretary of State of Delaware
The Secretary of State of Delaware is the head of the Department of State of the U.S. state of Delaware. The Department is in charge of a wide variety of public and governmental services, and is divided into the following divisions:* * * * *...
and was again appointed to the same office by Governor Charles Polk in 1836. While occupying this position he was appointed an Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
of the Superior Court of Delaware, and occupied that place until July 1844, when, owing to the insufficiency of the fiscal returns from the office, he was compelled to resign. He returned to the practice of his profession in Georgetown and continued to be a respected leader of the Delaware bar.
Aside from his professional prominence, Judge Layton exerted a wide influence in the domain of politics. He advocated the principles and sustained the purposes of the political organization to which he belonged. Originally he identified with the Federalist
Federalist
The term federalist describes several political beliefs around the world. Also, it may refer to the concept of federalism or the type of government called a federation...
and Whig
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
parties, and transitioned into the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
as the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
drew closer. He was noted by local historians to have been a forcible speaker, a close and accurate reasoner and a recognized leader in political life from 1825 until within a few years of his demise. He was the author of the free school system of the State, having caused the bill to be introduced and established. He was strongly opposed to slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
, and, as a member of the Legislature, caused the first abolition
Abolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...
bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
to be introduced in the State of Delaware.
Non-professional life and Family
Layton was a member of the Episcopal Church. He was noted to have been of an amiable character and recorded to have had pleasing address, polished manners and to have been an intelligent conversationalist. Physically, he was said to have been erect and graceful, even at a very advanced age, and he preserved in a remarkable degree the manly strength and development of earlier years. Finally, at an advanced age, he died after a brief illness.His father died on June 26, 1849. Judge Layton's first wife died in July, 1855. She had nine children, as follows:
- Dr. Joseph R. Layton
- William L. Layton - died young
- Samuel H. Layton - lived in Frankford, DelawareFrankford, DelawareAs of the census of 2000, there were 714 people, 227 households, and 172 families residing in the town. The population density was 1,012.7 people per square mile . There were 258 housing units at an average density of 365.9 per square mile...
and was later the father of another Caleb R. LaytonCaleb R. LaytonDr. Caleb Rodney Layton was an American physician and politician, from Georgetown, in Sussex County, Delaware. He was a member of the Republican Party, who served two terms as U. S. Representative from Delaware.... - Caleb R. Layton - rose to ColonelColonelColonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
in the army of the United States and later died August 20, 1887 - Sarah E. Layton - died young
- Hester A. - died young
- Daniel J. Layton - a prominent citizen and resident of Georgetown
- Penelope McKim - wife of Rev. John Linn McKim
- Lavinia J. Plummer - married Rev. George F. Plummer.
For his second wife Judge Layton married Anna M., daughter of Dr. William Morris, of Dover, Delaware
Dover, Delaware
The city of Dover is the capital and second largest city in the U.S. state of Delaware. It is also the county seat of Kent County, and the principal city of the Dover, Delaware Metropolitan Statistical Area, which encompasses all of Kent County. It is located on the St. Jones River in the Delaware...
. She died in the fall of 1886.