Biographical and genealogical history of the state of Delaware, Vol. I, Part 11

Author: Runk, J.M. & Co
Publication date: 1899
Publisher: Chambersburg, Pa.
Number of Pages: 1482


USA > Delaware > Biographical and genealogical history of the state of Delaware, Vol. I > Part 11


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STATE OF DELAWARE


lution broke out. Although quite young, he immediately joined Colonel Hlaslet's Dela- ware regiment, and became an officer in the line. Ile was severely wounded at the battle of Germantown, and did not afterwards re- join his regiment.


Nathaniel Mitchell came next in the line of governors, and served from 1805 to 1808. Hle was born in 1753 in Sussex county, Dela- ware, and died near the place of his birth, February 21, 1814. Governor Mitchell was a distinguished officer in the Revolutionary army and saw much hard service. See sketch elsewhere in this work.


George Truitt was governor from January, 1808, to January, 1811. He was born in 1749, and died at Camden, Delaware, October 8, 1818.


Joseph Haslet, governor from 1811 to 1814, was a son of Col. John Haslet, who fell at the head of his regiment on the morning of the battle of Princeton, January 3, 1777. Ilis widow was so prostrated on receiving the news of the death of her husband that she soon after died of grief, leaving several small children. Joseph, the subject of this sketch, was reared under the guardianship of William Killen, chief justice, and afterwards chancel- lor of the State. On arriving at majority he removed from Kent county and established himself as a farmer in Cedar Creek hundred, Sussex county. He discharged with great credit the functions of the gubernatorial office, the burden and responsibility of which were greatly enhanced by the War of 1812. In 1522 he was again elected governor, the only case of a second election to that office in the history of the State. He died before completing his second term in June, 1823. A resolution passed by the Assembly of Dela- ware, February 21, 1861, directed that a monument should be erected at Dover to con- memorate the name and public services of Governor Haslet; this resolution was carried out. The epitaph inseribed on the monument is a splendid tribute to this distinguished son of Delaware.


Daniel Rodney succeeded Governor Haslet, January, 1814, and served to January, 1817. He was born at Lewes, Delaware, September 10, 1764, and died in 1856. During the War of 1812-14 he was active in destroying British cruisers on the Delaware, was twice captured, and suffered the loss of his property. He


served twelve years as judge of the court. In 1812 he received the vote of the electoral col- lege of Delaware for vice-president of the United States. Ile was elected to Congress in 1822, and in 1827 served a short time as United States Senator, when he withdrew and retired to private life. Governor Rodney's long life was stainless. He was an early oppo- nent of slavery and was one of the originators of an Abolition Society in the first years of the nineteenth century.


John Clark became governor in January, 1817, and served till within a few days before the third Tuesday in January, 1820, when he resigned, and Henry Molleston, then gover- nor-elect, having died between October and January, Jacob Stout, speaker of the Senate, exercised the duties of the office until Janu- ary, 1821. Governor Clark died at Smyrna, in August, 1821. Jacob Stout, who acted as governor for about one year, was lieutenant governor when the vacancy occurred.


John Collins was inaugurated in January, 1821, and held the office of governor until April 15, 1822, when he died. Caleb Rod- ney, speaker of the Senate, then became the acting governor, and finished the term in January, 1823. Governor Collins died at Wilmington.


Joseph Ilaslet, who served a term as gov- ernor from 1811 to 1814, was again elected, was inaugurated in January, 1823, and served until June of the same year, when he died. Charles Thomas, then speaker of the Senate, became the acting governor until the expira- tion of the term in JJanuary, 1824.


Samuel Paynter served as governor from 1824 to 1827. Ile was born in 1638 at the old homestead at Paynter's Drawbridge. His father, who was also named Sammel, was au Englishman by birth. Governor Paynter was elected on the Federal ticket in 1823. In 1844 he was elected a member of the House of Representatives on the Democratic ticket. He died October 2, 1845, and is buried at Lewes.


Charles Polk became governor in January, 1827, and administered the office until Jann- arv, 1830. He was born in Kent county in 1788. In 1291 his father was elected to the convention held for the purpose of forming "a constitution for ye State of Delaware," and was chosen president. During the sittings he was taken ill, retired, and did not afterwards


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BIOGRAPHICAL ENCYCLOPEDIA


serve in the work. He died before his son had attained his eighth year. The family name, which was Scotch, was originally Pollock. The ancestor of the governor originally settled in Maryland, and when the boundary dispute between Penn and Lord Baltimore was set- tled he was thrown on the Delaware side, in Little Creek hundred. The elder Polk was named Charles, and had three sons, Charles, John and Joseph. Charles, 2, became the father of the governor. He declined the office of United States Senator, and also the ap- pointment of chancellor offered him by Gov- ernor Hazzard. He was elected to the House of Representatives from Sussex county in October, 1813, and re-elected in 1815. Also to the House from Kent in 1817, to the Levy Court in 1819, and in 1824 to the State Sen- ate, of which he was chosen speaker. In 1826 he was the choice for governor, and served three years. In 1831 he was sent as a delegate to the convention to revise the State Constitution and was chosen president; he be- came a State Senator in 1834, and on the as- sembling of the body was elected speaker; on the death of Governor Bennett he became acting governor. In 1838 ex-Governor Polk was again elected State Senator and chosen speaker. On the expiration of his term he was appointed register of wills for Kent county in 1843, and served four years. He was appointed collector of the port of Wil- mington in 1850, resigned in 1853, and died October 28, 1857.


David Hazzard succeeded to the governor- ship in January, 1830. He was born in Broadkiln Neck, Sussex county, May 18, 1781. During the war of 1812-14 he was an ensign in Capt. Peter Wright's company, and served during the campaign in Delaware. He was a justice of the peace for some years, and was prominent in religious circles. In 1834 he was elected a State Senator, and in 1844 he received the appointment of associate judge of the State of Delaware, but resigned in 1847. In 1852 he was elected a member of the convention to alter the State Constitution. He died July 8, 1864.


UNDER THE AMENDED CONSTITUTION.


Caleb P. Bennett was the first governor elected under the Constitution of 1831, and served from January, 1833, to May, 1836,


when he died. Ile was born in Chester coun- ty, Pennsylvania, near the state line, Novem- ber 11, 1758, and died at his home in Wil- mington, May 9, 1836. In 1761, when but three years old, he moved with his parents to Wilmington. He was a lad of only seventeen years when his father placed him in the ranks to fight for liberty. He was promoted to ser- grant in 1776 . und ensign in 1777. It was his lot to see much service and endure great hard- ships. Ile wa at Brandywine, Germantown, Valley Forge und Mommouth. In 1280 he was promoted to the rank of lieutenant, and was with DeKalb at Camden, S. C. He took part in the siege of Yorktown, and was present at the surrender of Cornwallis. At the time of his death he was the last surviving officer of the Delaware Line of Revolutionary soldiers. His term not having expired, the office de- volved on ex-Governor Charles Polk, who was then speaker of the Senate, and he closed the term as acting governor, January, 1837.


Cornelius P. Comegys was governor from January, 1837, to January, 1840. He was born in Kent county January 15, 1780. Was active during the war of 1812-14, and rose to the rank of lieutenant colonel in the mili- tary service. He had command at Lewes while the British warship Poictiers lay in the roads and harassed the bay side. In 1811 he was sent to the legislature, was elected speaker, and served four years. Hold the office of state treasurer by three Legislative appointments in the years 1820, 1821 and 1822; and again from 1830 to 1833. In 1832 he was a candidate for governor, but failed to secure the nomination. He succeeded, how- ever, in 1836, and was inaugurated January 17, 1837. Hon. Joseph P. Comegys, who became eminent as a lawyer, and was chief justice of Delaware in 1876, was his third son.


William B. Cooper was elected governor in 1840, and inaugurated in January, 1841. He served his full term, closing in 1845. He was a native of Delaware and died April 27, 1849.


Thomas Stockton was governor from Janu- ary, 1845, to March 1, 1846, when he died in office. He was born in New Castle, April 1, 1781. In 1812 he received a commission in the United States army, and while his father (Gen. John Stockton), served at Elk- ton against the British, the son was engaged in the attack on Fort George, under General Scott, and greatly distinguished himself. He


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STATE OF DELAWARE


was nominated for governor on the Whig ticket, was inaugurated and died suddenly, as stated above, of disease of the heart. Gover- nor Stockton was succeeded by Joseph Maull, Speaker of the Senate, who served as acting governor until May 6, 1846, when he died. His successor as acting governor was William Temple, Speaker of the House of Representa- tives, who closed out the term. But little of the history of Acting Governor Maull is known. William Temple, his successor as acting gov- ernor, was born in Queen Anne county, Mary- land, February 28, 1815. When he attained manhood he settled as a merchant at Smyrna. In 1844 he was elected to the State Legisla- ture and was made Speaker of the House, by virtue of which position he became governor. Retiring from this position, he was elected a State Senator and served ten years, declining re-election in 1854. He was elected to the Twenty-eighth Congress, but died before tak- ing his seat in the summer of 1863.


William Tharp was chosen governor in the fall of 1846; was inaugurated in January, 1847, and served until 1851. He was a son of James Tharp and Eunice Fleming, his wife, and was born in Mispillion hundred, Kent county, November 27, 1803; died January 1, 1865.


William Henry Harrison Ross was gover- nor from 1851 to 1855. He was born at Lau- rel, June 2, 1814, and was elected governor when but thirty-six years of age. He was an extensive farmer and fruit grower. In the later years of his life he traveled over various countries of Europe.


Poter Foster Causey succeeded to the gu- bernatorial office in 1855, and served to 1859. He was born near Bridgeville, Sussex county, January 11, 1801. Engaging in the mercantile business carly, he had a prosperous career. For several years after 1820 he was extensively engaged in mining ore on his own lands in Nanticoke hundred. He also operated saw- mills, a tannery, and flouring mills, and con- ducted a farm. Governor Causey was a pow- erful man physically. He stood six feet in height, and weighed over two hundred pounds. He died February 15, 1871.


William Barton was governor from 1859 to January, 1863. He was born October 16, 1789. ITis father, John Burton, was a farmer in Sussex county. William Burton studied medicine and graduated from the University


of Pennsylvania. He settled in Milford and practiced there, with the exception of four years, when he was sheriff, until he was elect- ed governor in 1858. Governor Burton died August 5, 1866, and is buried at Milford in the Protestant Episcopal graveyard.


William Cannon was inaugurated gover- nor in January, 1863, and served to March 1, 1865, when he died. He was born in Bridge- ville, Delaware, in 1809. As early as 1825 he joined the M. E. Church, and became a promi- nent and zealous member, holding the office of class leader until his death. He was chosen a member of the Legislature in 1845, and again in 1849. He also served one term as treas- urer of the State. In 1861 he was a member of the "Peace Congress," and was a strong advocate of the Crittenden Compromise. When he became governor the Legislature was against him, but he remained a true and ardent friend of the Union. During the war he experienced many trials, but never wavered in firmness and decision of character. When, on one occasion, the Legislature forbade com- plianee with a law of Congress, he promptly announced by proclamation that he would pardon every United States officer convicted by a State court for the performance of his duty to the cause of the Union. In a message to the Legislature in 1864, he advised that body to take measures for the emancipation of the slaves in Delaware. The illness that caused his death was the result of over-exer- tion in assisting to extinguish a fire in Bridge- ville.


Gove Saulsbury, Speaker of the Senate, succeeded Governor Cannon as ao'ing gover- nor, and served as such from March 1, 1865, to January, 1867. Politically he was a Demo- crat, the opposite of the deceased governor, who was a Republican. Gove Saulsbury was dlected governor in 1866, was inaugurated in January, 1867, and served the constitu- tional term, ending with the beginning of 1871. Governor Saulsbury was born in Mis- pillion Neck, Kent county, May 29, 1815, and died at Dover, July 31, 1881. His father, William Saulsbury, was a man of command- ing influence and irreproachable character. Gove, his son, studied medicine and graduated in 1842 from the University of Pennsylvania. He became a resident of Dover and a success- ful practitioner.


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BIOGRAPHICAL ENCYCLOPEDIA


James Ponder succeeded Dr. Saulsbury as governor in January, 1871, and served the full term, ending in 1875. He was born in Milton, Delaware, October 31, 1819. In 1843 he became a partner with his father in the mercantile business. at Milton. About 1860, he erected a large steam mill for saw- - ing lumber, ship timber, &e. Ile dealt ex- tensively in bark, and often had on hand at one time a stock valued at $40,000. Ile was also actively engaged in the shipping busi- ness and owned several vessels. In 1856 he was elected a member of the Legislature, and in 1864 was sent to the State Senate, of which he was elected Speaker in 1867. From this position he succeeded to the governorship, as stated above. In politics he was a Democrat. Ile died in December, 1897.


John P. Cochran became governor in Janu- ary, 1875, and served his full term, ending with the beginning of 1879. He was born in Appoquinimink hundred, New Castle county, February 7, 1809, of Scotch-Irish parentage; was brought up on a farm and in the mercantile business. From 1838 till 1846 he was a member of the Levy Court of New C'astle county. Ile was nominated for gover- nor in 1874, and elected by a large majority.


John W. Hall was elected governor in 1878, was inaugurated in January, 1879, and filled out the regular term, ending at the be- ginning of 1883. Politically, Governor Hall was a Democrat. He was born January 1, 1817, in Frederica. His father served in the war of 1812. The ancestors of the Hall fam- ily came from England and settled in Dela- ware in the early history of the State. John W. Hall entered the mercantile business, in connection with cabinet-making and manu- facture of candy, and was successful. He also became a large vessel owner. In 1866 he was elected state senator and served four years.


Charles (1. Stockley, Democrat, was elected governor in 1882, inaugurated in January, 1883, and served a term of four years, ending with the beginning of 1887. He was born in Sussex county, November 6, 1819. Gover- nor Stockley was appointed county treasurer in 1852, and in 1856 he was elected sheriff of his county. In 1873 he was chosen state senator from Sussex county. He was also president of the Farmers' Bank of the State of Delaware. He is now living a retired life at Georgetown.


Benjamin T. Biggs, Democrat, succeeded Governor Stockley in January, 1887, and ended his term in 1891. He was born in New Castle county, October 1, 1821, and became a farmer and peach grower. In 1852 he was a member of the convention to change the Constitution. He was elected to Congress in 1868, and again in 1820.


Robert J. Reynolds became governor in January, 1891, and closed his term with the beginning of 1895. He was born in Smyrna March 17, 1838, and was a farmer and fruit raiser. He was chosen a member of the Legis- lature in 1868, and again in 1869; in 1879 he was elected state treasurer. He is still liv- ing.


Joshua H. Marvil, Republican, succeeded Governor Reynolds January, 1895, and died in office April 8, 1895. He was succeeded by William T. Watson, Speaker of the Senate, who served as acting governor until January 19, 1897. Mr. Watson was born in Milford June 22, 1849, and is a son of Bethuel and Ruth (Tharp) Watson. In 1885 he was elected to the House of Representatives, but refused to take his seat. He was elected to the State Senate in 1893, was chosen speaker, and served in that capacity until the death of Gov- ernor Marvel. Governor Watson is now liv- ing a retired life at Milford.


Hon. Ebe Walter Tunnell, Democrat, was elected governor in November, 1896, and in- augurated in January, 1897. Governor Tun- nell was born near Blackwater, Baltimore hundred, Sussex county, December 31, 1844. His paternal ancestors were of Huguenot stock; those on his mother's side were Eng- lish. After receiving an education he engaged with his father in general mercantile business at Blackwater. He was elected a member of the Legislature in 1870, and has filled a number of other important positions in civil life. In 1873 he took up his residence at Lewes and became associated with his brother- in-law, Dr. D. L. Mustard, in the drug busi- ness. Governor Tunnell attends the Presby- terian Church. He never married ..


On the 26th of May, 1898, an event of more than ordinary importance took place in the State House in Dover. It was the pre- sentation of all the portraits of governors since 1776 that could be procured. After careful search the Legislative Committee secured por- traits of all the excentives but thirteen.


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STATE OF DELAWARE


Among the missing ones are those of Dr. John MeKinly (the first in 1777), and Van Dyke, Clark, Thomas, Caesar Rodney, Cook, Thomas Collins, Sykes, Truitt, Stout, Mit- chell, Haslet, John Collins, and Caleb Rod- ney.


The pictures presented were these:


From New Castle County-Govs. Read, MeKean, Dickinson, Clayton, Bedford, Ben- nett, Stockton, Cochran, and Biggs.


From Kent County-Bassett, Comegys, Polk, Temple, Tharp, Burton, Saulsbury, John W. Hall, Reynolds and Watson.


From Sussex County-Rogers, David Hall, Daniel Rodney, Paynter, Hazzard, Cooper, Maull, Ross, Causey, Cannon, Pon- der, Stockley, Marvil and Tunnell.


The speech of presentation was made by Representative Benjamin A. Hazell, and that of acceptance on behalf of the State by Hon. Thomas F. Bayard. Henry C. Conrad, Esq., the historian, also made an address on present- ing the New Castle county portraits. The ceremony, which was interesting and impres- sive, was witnessed by a large assemblage.


JUDICIARY OF DELAWARE.


Having given a brief but connected account of all the governors of Delaware from the "first settlement to the present time, some ac- count of the judiciary is next in order. In an exhaustive paper on this subject, read be- fore the State Historical Society in December, 1896, Hon. Ignatius C. Grubb, associate judge, gave a full and interesting history under the title of "The Colonial and State Judiciary of Delaware," from which we make the fol- lowing condensation, believing that no better source of information, or more thorough treat- ment is obtainable.


Judge Grubb, in the outset of his paper, in- forms us that the administration of justice in Delaware embraces a period of two and one- half centuries under colonial and state gov- ernments. Delaware is indebted to the Dutch for the discovery of her bay, by Hudson, in 1609; for the early exploration of her river by Hendrickson, in 1615; and for the first at- tempt to colonize her territory, by De Vries, near Lewes, in 1631. But to Sweden, under Minuit, in 1638, she owes the first permanent settlement within her borders, at Christiana, now Wilmington; and to the English, under


Carr, in 1664, the ultimate establishment of State government and Anglo-Saxon institu- tions.


During her earliest history justice was dis- pensed, successively, by Swedish, Dutch, and English executives, who were clothed with ju- dicial powers, which they exercised according to the laws and usages, so far as applicable, of their respective countries.


Delaware's first "Fountain of Justice" was the bluff and irascible Swedish soldier and governor, John Printz, appointed in 1643. Little is known of him in his judicial capacity, but Judge Grubb is of the opinion that he brought more weight than law to the bench.


After the conquest of the Swedes by Gov- ernor Stuyvesant in 1655, the territory upon the Delaware became subject to the Dutch government at Manhattan, represented by a vice-director. During the Dutch ascend- aney, justice was generally dispensed by a tri- bunal, consisting of the vice-director and commissioners or magistrates, who sat at suita- ble times, attended by a "schout" or sheriff and other needful officers. In 1664 the Eng- lish succeeded the Dutch, and their Delaware settlers became subject to the laws and gov- ernment of the Duke of York. Thereafter the judicial system of England was prudently introduced by the royal governors. At first the judicial tribunals and modes of proced- ure were of the simplest character, as the con- ditions and needs of the earliest colonists re- quired no complex or elaborate system. But with the advent of William Penn began an era of steady improvement and development, which culminated in the establishment of a comprehensive and regularly organized judi- cial system.


The Duke of York having conveyed to Penn the three counties now constituting the State of Delaware, and then called "the territories," these were by the act of union in 1682, an- nexed to the Province of Pennsylvania under a common goverment. Although, in 1704, the Delaware counties, with Pem's consent, permanently withdrew from all co-legisla- tive union with said province and established their own separate Assembly, and subsequent- ly their own judicial tribunals, yet they re- mained subject to the proprietary and royal authority until the Revolution of 1776.


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When the colonists numbered but a few scores, or at most a few hundred, the courts and their procedure were necessarily of a crude and oftentimes rude character. Exam- ination of the early records discloses some very amusing and occasionally very sorrowful in- stances of the adjudications of the early jus- tices who were all untrained in the law, and none of them magistrates. Indeed, until the appointment of Chief Justice William Killen, under the first State Constitution of 1776, none, probably, of the judges of the Delaware courts had been educated for the bar.


The earliest recorded appearance of an at- torney in Delaware was at the Dutch court held at New Castle, March 30, 1658. Vice- Director Alrichs, in a letter of that date to Governor Stuyvesant, writes: "I have also to pay the attorney, Schelluyn, for salary earned by him in the suit against the skipper of the ship Printz Mauritz."


But the first attorney who appears on record as having been regularly admitted to the bar, was Thomas Spry, who was previously a medi- cal practitioner, holding land in what is now St. George's hundred, and who was admitted in 1676 (two hundred and twenty-two years ago) to practice in the Duke of York's court at New Castle and Upland, now Chester. Whether or not Lawyer Spry was, as his name indicates, too over-active in sharing the Duke's lands, in common with others of his brethren, is only to be surmised. But it :s rather significant that, on May 19, 1677, the Governor and Council passed order: "Re- solved and ordered that pleading attorneys bee no longer allowed to practice in ye govern- ment but for ye depensing causes." After- wards, under Penn's government, neither law. vers nor doctors seem to have been individual- Iv esteemed, for Gabriel Thomas, an early pro- vincial historian, thus writes regarding them: "Of lawyers and physicians I shall say noth- ing, because this country is very peaceable and healthy; long may it so continue, and never have occasion for the Tongue of the one or the Pill of the other, both equally destrue- tive to men's estates and lives."


The places where justice was dispensed to those within the present limits of Delaware, by Minuit and his successors, were first at Fort Christina, and next by Governor Printz, at Printz IFall on Tiniem Island, near what is row Chester. After the founding, in 1656,




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