USA > Delaware > Historical and biographical encyclopaedia of Delaware. V 1 > Part 12
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CHAPTER XX.
The War debt and the Territories-Calling in bills of credit-The weakness of the Confed- eracy-Delaware not represented in Congress - Constitutional Convention-Defending the rights of Delaware-Equal Representation- Franklin's Compromise-Wisdom of the Fram- ers of the Constitution-Fitch's Steamboat in Delaware Waters in 1786-Peaceful close of the Century.
HE Representatives of Delaware in the Continental Congress, in 1783, were James Tilton, Eleazer McComb, and Gunning Bedford. Jr .*
The two questions of vital importance be- fore the country for the next few years, were the payment of the immense war-debt, and the proper disposition of the vast Territories of the West as yet unsettled and unsurveyed. The large States claimed these Territories under their English Charters, yet were unable to settle among themselves what should be the bounds and extent of their claims. On the other hand the smaller States earnestly held that the Territories should belong to the Confederacy, and the lands sold for the benefit of the common Treasury, because wrested from the British Sovereignty by the blood, money and sacrifices of all.
During this year, 1783, Delaware enacted a law for calling in, paying and destroying all the bills of credit, heretofore issued by the State, by giving one pound sterling for every
* NOTE .- There were two Gunning Bedfords, of Delaware, who be- came distinguished; one, the Lieutenant-Colonel of Haslet's regiment, was one of the bravest and most patriotic officers of the Revolution. He wrote a letter to George Read from the camp on Morrisiania Heights, October 1, 1776, in which, speaking of a former letter, he says, "I delivered it to my co .sin, Gunning Bedford, who, I understood, went to Philadelphia two days after." This cousin was the Statesman, Attorney-General and United States Judge.
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67
HISTORY OF DELAWARE.
seventy pounds thus called in. Richard Bas- sett and George Read, entered an elaborate written protest against the injustice of the measure, but it shows how nearly the credit of the State was destroyed, and of how little value its paper money had become.
Nor was the continental money of more worth. The whole country had settled into a condition of gloom and anxiety. The states were united little more than in name. Ex- hausted by an eight years' war, almost without credit, the country was rapidly drifting, help- less and hopeless, to confusion and anarchy. The continental war debt was forty-two mil- lions of dollars, the foreign debt eleven mil- lions, and the war debts of the states twenty- five millions.
Congress strongly urged the maintenance of the public faith, and honest men desired a national government strong enough to protect all classes and all interests. But the class opposed to the payment of the debts were naturally jealous of Congress, and constantly fomented prejudice against it. Rodney had died in 1782, before taking his seat in the Con- gress to which he had been elected. General Patterson, had while he held the position of Continental Loan Officer, rather tardily col- lected and paid the dues to the General Gov- ernment. He died while in that office in May, 1785. Dr. James Tilton, who succeeded him, was a state-rights man and so bitterly opposed to Congress and the Union, that he refused to pay over the money in his hands to the Gen- eral Government. The above was a Conti- nental office, but was filled by appointment of the Legislature. For nearly a year from the first of November, 1785, the State of Delaware was unrepresented in Congress. The dele- gates appointed failed to attend, though ap- pealed to in the strongest manner by leading citizens of this State, and the critical con- dition of the country. The President of the State, Nicholas Van Dyke, was urged officially to call these public servants either to a per- formance of their duty or to resign, but he declined to do more than to privately urge them. The probability is that he and they were anti-union men, as no reason appears why they could not attend to their duties in Con- gress which was then sitting in Philadelphia.
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Affairs had reached such an alarming crisis, by the weakness of the General Government
and the preponderating power of the States, that the country was brought to the brink of ruin. The British still held the military posts of the western frontier, Massachusetts was in open rebellion, the country was convulsed by the Shay insurrection and civil war was at the door of every State. For this condition of affairs a majority of the people finally real- ized that a strong and efficient national Gov- ernment was the only remedy. A convention had been called to meet at Annapolis to har- monize the differences between Maryland and Virginia, as to the navigation of the Potomac River and Chesapeake Bay. John Dickinson, George Read, Jacob Broom, Richard Bassett and Gunning Bedford, jr., represented Dela- ware in this Convention, of which John Dick- inson was made President. After discussion they decided to take no action on the business for which they assembled, but, instead, to re- commend that the States should choose dele- gates to meet in Philadelphia in May follow- ing, 1787, "to revise the Articles of Confed- eration." By this fortunate circumstance the convention was called which framed the Con- stitution of the United States.
On February 3rd, 1787, the Legislature of Delaware appointed George Read, Gunning Bedford, jr., John Dickinson, Richard Bassett and Jacob Broom deputies to the proposed convention. There was but one limiting clause in their instructions, viz : that under the new constitution, Delaware should not be deprived of her equal voice in Congress. The wisdom and necessity of this instruction was afterward apparent, for no sooner had the convention entered upon its business than the question arose, "what ought to be the right of suffrage in the National Govern- ment." Mr. Read reminded the body that the deputies from Delaware were restrained by their commission from assenting to any change in the rule of suffrage, and in case of such change it might be their duty to retire from the convention. The fear of losing the smaller States led to the postponement of the subject for a time. When the question again arose, near the close of the convention, the debate was long and vehement. The larger States claimed representation ac- cording to population, and any other rule they denounced as unjust. Thus the contest of the larger States was for power, that of
68
IHISTORY OF DELAWARE.
the smaller States for existence. Finally | Representative to Congress under the Consti- a spirit of accommodation. prevailed, but not tution, and George Read and Richard Bassett the first senators. till the State-rights party were on the verge of withdrawing. At this critical junc- The feeling of confidence and security which succeeded these stirring political events was soon manifest in the impetus given to all me- chanical arts and industries. The efforts of practical and scientific men were particularly turned to utilize steam power in navigation, and it is a noteworthy fact that the first experi- ments which gave any promise of success took place in Delaware waters. Mr. Fitch, the in- ventor, laid his plans before Congress in 1785. In 1786 he obtained from Deleware. Pennsyl- vania, New Jersey and New York the exclu- sive privilege of those States and navigated the Delaware river up and down till 1791, sometimes making speed as high as eight miles an hour. It was, however, reserved for Robert Fulton in 1807, to triumph over all difficulties, and make steam navigation the marvelous success and blessing it has become. ture Benjamin Franklin proposed, as a com- promise, the present plan, that each State should have an equal voice in the Senate, and representatives in the lower house according to their population. "Of all political expedi- ents," says Parton, in his life of Franklin, "this was, perhaps, the happiest ever devised. Its success has been perfect, so much so that scarcely has any one remarked it, unconscious of its workings as a healthy man is of di- gestion." "The little States have carried their point," said Mr. Grayson, in the Virginia con- vention afterward, and William T. Read, in the life of his grandfather, adds, "if they car- ried this point, it was by the ability, zeal and determination they manifested in contending for it, and wanting it they would have been without safeguard against the ambition or av- arice of the larger Siaies, and to have believ- ed that they would always rise above this passion, must have manifested not magnanim- ity but folly."
The purity, patriotism and wisdom of the framers of the Constitution, has justly passed into a proverb with the American people. With the exception of their leniency to sla- very, which has borne such bitter and bloody fruit, they constructed a government well nigh perfect, combining strength with freedom in a manner that gave stability to our institutions, while the happiness of the people, their gen- eral intelligence and prosperity, has made our country an example to the world, and an asylum to the oppressed of every land. Dela- ware had the honor of being the first State to ratify the Constitution, which it did unanimous- ly in the convention called for that purpose, December 7th, 1787. Two other States, New Jersey and Pennsylvania, ratified it later in the same month, and the last, Virginia, not till June, 1789.
In January following, Gunning Bedford, (the elder,) John Banning, and George Mitchell were chosen electors, and cast their votes for George Washington for President, and John Jay for Vice President. George Washington received the unanimous vote of the electoral college, and John Adams a majority vote for Vice President. John Vining was elected first
From 1785 to March 1789, the chiet execu- tive office of the State, then known as President of the Delaware State, was held by Thomas Collins, one of the most unselfish and worthy public men of the times. On his death, Dr. Joshua Clayton, father of Chief Justice Thomas Clayton, was chosen, (May 30th, 1789,) to fill the vacancy. Since 1792 the title has been that of Governor of the State of Delaware.
The General Government, in 1790, assumed the war debts of the States, which relieved Delaware of an oppressive burden. The rep- resentatives of Delaware favored this step and also voted for the Bank of the United States, which was incorporated January 24, 1791.
The event of chiefest moment to Delaware in 1792 was the adoption of a new State Con- stitution to supersede that of 1776. The most prominent members of this convention were John Dickinson, Kensey Johns, afterward Chancellor of Delaware, Nicholas Ridgely, who also became a Chancellor of the State, and Richard Bassett.
In September, 1793, Mr. Read resigned his place in the United States Senate, where he was serving his second term, to accept the position of Chief Justice of the Supreme Court of the State to which he was appointed by Governor Clayton. William Killen was ap- pointed Chancellor at the same time. The succeeding Legislature elected John Vining to
69
HISTORY OF DELAWARE.
succeed Mr. Bassett to the Senate of the United | 16 Charles Thomas, (acting) .1823
States, but for some reason, unknown to the writer, neglected to fill the vacancy caused by Mr. Read's resignation.
After consulting the most eminent jurists of the State, Governor Clayton appointed Kensey John's to the vacancy, but this was held by the Senate not to give a valid title to the seat, and for a year, Delaware had but one represen- tative in the Senate of the United States.
Afterward the elections took place regu- larly, the offices were filled by men worthy and patriotic if not great. The people of Dela- ware, as has been shown, exhibited the most sterling qualities of heroism, and love of lib- erty during the war for Independence, and in the dark hours that followed the war; dur- ing the changes and vicissitudes that threat- ened her extinction, her statesmen, by their courage and wisdom, maintained her honor so triumphantly that she has ever stood a re- spected and equal member of the Federal Union. Her people now devoted themselves to the arts of peace, and since have advanced in prosperity, intelligence and happiness equally with any other portion of that Republic, of which it is their pride and glory to form a part.
CHAPTER XXI. HISTORIC SUMMARY.
Governors of Delaware since the adoption of the Federal Constitution-Term, 4 years-Seat of Government, Dover -- Senators, Representa- tives and Delegates to Congress-Presidential Electors.
GOVERNORS.
From To
I Joshua Clayton, . 1789
1796
2 Gunning Bedford 1796
* 1797
3 Daniel Rogers . 1797
1798
4 Richard Bassett, 1798
1801
5 James Sykes, (acting.) 1801
6 David Hall, 1802
7 Nathaniel Mitchell, 1805
8 George Truitt, 1808
1811
9 Joseph Haslett, 1811
1814
10 Daniel Rodney, 1814
1817
II John Clark. 1817
1 820
12 Jacob Stout, (acting.) 1820
13 John Collins, . 1821
14 Caleb Rodney, (acting,) 1822
15 Joseph Haslett, . 1823
1824
Mitchell, Nathaniel
Bates, Martin W. Martin, Edward L.
Bayard, James A.
Naudain, Arnold
Bayard, James A. Nicholson, John A.
Bayard, Richard H.
· Patton, John
Bayard, Thos. F.
Peery, William
Bedford, Gunning
Read, George
Broome, James M.
Riddle, George Read
Biggs, Benj. T.
Ridgely, Henry M.
Clayton, John M.
Robinson, Thomas
Rodney, Cæsar
Clayton, Joshua Clayton, Thomas
Rodney, Cæsar A.
Comegys, Joseph P.
Rodney, Daniel
Cooper, Thomas
Rodney, George B.
Dickinson, John Evans, John
Rodney, Thomas Saulsbury, Willard
Fisher, George P.
Smithers, Nathaniel B.
Hall, Willard
Spruance, Presley
Sykes. James Saulsbury, Eli
Temple, William Tilton, James
Lattimer, Henry
Van Dyke, Nicholas
Lofland, James R.
Van Dyke, Nicholas
McComb, Eleazar
Vining, John
McKean, Thomas
Wales, John
Milligan, John J. 1821
Whitely, W. G.
1824
17 Samuel Paynter, 1824
1827
18 Charles Polk. 1827
1830
19 David Hazzard, 1830
1833
20 Caleb P. Bennett, 1833
21 Cornelius P. Comegys 1837
1840
22 William B. Cooper 1840
1844
23 Thomas Stockton, 1844
1846
24 Joseph Maull, (acting,) 1846
1846
25 William Temple, (acting) 1:46
1846
26 William Tharp, 1846
1851
27 Wm. H. Ross, 1851
1855
28 Peter F. Causey, 1855
1859
29 William Burton, . 1859 1863
30 William Cannon, 1863
1865
31 Gove Saulsbury, (acting) 1865
1867
32 do. 1867
1871
33 James Ponder, 1871
1875
34 John P. Cochran, 1875
1879
35 John W. Hall,. 1879
1883
SENATORS, REPRESENTATIVES AND DELE-
GATES TO CONGRESS
Bassett, Richard
Horsey, Outerbridge
1 802 Houston, John W. Johns, Kensey 1805
Kearney, Dyre 1808
1822
1823
PRESIDENTIAL ELECTORS.
First Presidential Election, 1789-John Ban- ning, Gunning Bedford, George Mitchell.
1837
70
HISTORY OF DELAWARE.
Second Presidential Election, 1793-William Hill Wells, James Sykes, Gunning Bedford.
Third Presidential Election, 1797-Thomas Robinson, Richard Bassett, Isaac Cooper.
Fourth Presidential Election, 1801 -- Samuel White, Kensey Johns, Nathaniel Mitchell.
Fifth Presidential Election, 1805-George Kennard, Maxwell Bines, Thomas Fisher.
Sixth Presidential Election, 1809-Nicholas Ridgely, James Booth, Daniel Rodney. .
Seventh Presidential Election, 1813-Benja- min Blakiston, James L. Clayton, Thomas Fisher, James Sykes.
Eighth Presidential Election, 1817-Isaac Tunnell, Nicholas Ridgely, Thomas Robinson," Andrew Barratt.
Ninth Presidential Election, 1821-John Clark, Andrew Barratt, Peter Robinson, Nicho- las Ridgely.
Tenth Presidential Election, 1825-Joseph G. Rowland, John Caldwell, Isaac Tunnell.
Eleventh Presidential Election, 1829-John Adams, James Canby, David Hazzard.
Twelfth Presidential Election, 1833-H. F. Hall, George Truitt, C. P. Comegys.
'Thirteenth Presidential Election, 1837-H. F. Hall, William W. Morris, William Dunning.
Fourteenth Presidential Election, 1841-Peter J. Causey, Benjamin Caulk, H. F. Hall.
Fifteenth Presidential Election, 1845-Enoch Spruance, Alfred DuPont, Thomas Davis.
Sixteenth Presidential El ction, 1849-G. H. Wright, P. Reybold, Samuel Catts.
Seventeeth Presidential Election, 1853-Henry Bacon, J. Merritt, William J. Clark.
Eighteenth Presidential Election, 1857-Chas. Wright, George.C. Gordon, H. Ridgley.
Nineteenth Presidential Election, 1861-Robt.
B. Houston, Samuel Jefferson, John Mustard.
Twentieth Presidential Election, 1865-Har-" beson Hickman, Victor DuPont, Ayers Stock- ley.
Twenty-first Presidential Election, 1869- Andrew C. Gray, James P. Wild, Wm. A. Scrib- ner.
Twenty-second Presidential Election, 1873- Benj. S. Booth, Wm. T. Collins, D. W. Moore.
Twenty-third Presidential Election, 1877- John H. Rodney, John W. Sharp, Geo. W. Willin.
Twenty-fourth Presidential Election, 1881- Charles B. Lore, Albert Whiteley, George Russell.
THE JUDICIAL SYSTEM OF DELAWARE.
BY HON. N. B. SMITHERS, LL. D.
N the 15th of May, 1776, the Conti- nental Congress, on the motion of John Adams, adopted the following Resolution :
" That it be recommended to the re- "pective Assemblies and Conventions of the "United Colonies, where no Government suffi- " cient to the exigencies of their affairs have " been hitherto established, to adopt such Gov- " ernment as shall, in the opinion of the repre- "sentatives of the people, best conduce to the "happiness and safety of their constituents in "particular and America in general."
In conformity with this Resolution the As-
sembly of " the Counties of New Castle, Kent and Sussex upon Delaware," in July, 1776, advised the people to choose deputies to meet in Convention to ordain and declare the future Form of Government for this State.
The Deputies chosen in pursuance of this recommendation met on the 27th of August, 1776, and on the 20th of September, ordained " The Constitution or System of Government of the Delaware State formerly styled the Gov- ernment of the Counties of New Castle, K and Sussex upon Delaware."
The authorship of this Instrument, accord- ing to tradition, belongs to Thomas Mckean.
.
71
HISTORY OF DELAWARE.
The Legislature, called "The General As- ' peals," consisting of the President of the sembly of Delaware," then, as now, was com- posed of thirty members, divided into two branches : one, styled " The House of As- sembly," consisting of seven representatives
State, who presided therein, and six others, of whom three were appointed by the Legislative Council and three by the House of Assembly. This Court had all the authority and powers chosen for each County annually ; the other, i belonging, in the last resort. to the King in Council under the old government.
called "The Council," composed of nine mem- bers, three of whom were provided to be chosen for each County at the first election, with a va- cancy occurring each year, when one should be supplied at each annual election The style of the Government was "The Delaware State."
The Chief Magistrate was called "Presi- dent," and was chosen by joint ballot of both branches of "The General Assembly," for three years and until the sitting of the General Assembly thereafter.
There was a Privy Council to the President, consisting of four members, two of whom were chosen by the Legislative Council and two by the House of Assembly.
The President and General Assembly were required to appoint, by joint ballot, three Jus- tices of the Supreme Court for the State, one of whom should be Chief Justice, and a Judge of Admiralty and also four Justices of the Court of Common Pleas and Orphans' Courts for each County, one of whom in each Court should be styled Chief Justice, and all of whom should continue in office during good be- havior.
It was further provided that the House of Assembly should name twenty-four persons for each County, of whom the President, with the approbation of the Privy Council, should appoint twelve as Justices of the Peace, who should continue in office for seven years, if so long they behaved themselves well, with power in the Legislature to increase the number. The members of the General Assembly and Privy Council were also declared to be Justices of the Peace for the whole State, and the Jus- tices of the Court of Common Pleas were con- stituted Conservators of the Peace, in their re- spective Counties.
The Justices of the Court of Common Pleas and Orphans' Court were invested with the power of holding inferior Courts of Chancery as theretofore, unless the Legislature should otherwise direct.
In all matters of law and equity there was an appeal from the Supreme Court to a Court of seven persons styled "The Court of Ap-
To understand the clause conferring equit- able jurisdiction on the Courts of Common Pleas and Orphans' Court, as theretofore, it will be proper to notice briefly the powers of the Courts under the colonial government.
By an Act for establishing Courts of Law and Equity it was provided :
I. That there should be a Court styled "The General Quarter Sessions of the Peace and Gaol Delivery," to be held in each county four times in every year. This Court was com- posed of a competent number of Justices, nominated by the Governor. of whom any three were constituted a quorum empowered to hold the said Court, and from whose judg- ments, as well as those of the other Courts of Record, writs of error were granted return- able to the Supreme Court.
2. A Court of Record in each County called " The County Court of Common Pleas," consist- ing of a competent number of persons com- missioned by the Governor, to be held four times in each year in each of the counties. Three of the Justices constituted a quorum and had jurisdiction to hold Pleas of Assise, scire facias, replevin, informations and actions upon penal statutes, and hear and determine all manner of causes, real, personal and mixed, as fully and amply as the Justices of the King's Bench, Common Pleas and Exchequer in England could do.
3. The Justices of the respective Courts of Common Pleas were authorized to hold a Court of Equity four times a year, in each County, with power to hear and decree all such mat- ters and causes in equity as should be brought before them. The proceedings were by Bill and Answer and such other pleadings as were necessary in Chancery Courts, according to the rules and practice of the High Court of Chancery in Great Britain, but it was provided that there should be no jurisdiction to hear any matter in equity when sufficient remedy might be had according to the course of the common or statute law.
72
HISTORY OF DELAWARE.
From any decree or sentence of the Justices of the common Pleas, in equity, there was an appeal to the Supreme Court.
4. By an act amendatory of this Statute the Constitution of the Supreme Court was regulated, and it was provided that there should be a Court of Record held twice in every year, in each of the Counties, styled "The Supreme Court of the Counties of New Castle, Kent and Sussex, upon Delaware," com- posed of four persons and having power to hear and determine all causes removed or brought by certiorari, writs of error, appeal or other remedial writ from the Quarter Ses- sions of the Peace and County Courts of Com- mon Pleas, or from any other Court of law or equity, and to exercise such jurisdiction and powers as fully as the Justices of the King's Bench and Common Pleas at Westminster, or the Chancellor of England might do, with an appeal from any final judgment or decree to the King in Council, or to such tribunal as might be appointed to hear such appeals from the King's plantations.
The Judges of this Court or any two of them were empowered to try capital offenses as fully as Justices of Assise or of Oyer and Terminer and Jail delivery in Great Britain.
5. By another act the Justices of the Court of General Quarter Sesions of the Peace, in each County, were directed to hold a Court of Record therein, styled, "The Orphans' Court," which had cognizance of guardians, executors and administrators,and the adjustment and set- tlement of their accounts. To this Court was committed the appointment of Guardians and the partition of intestate estates, and it was invested with equitable powers so far as necessary to the jurisdiction. From any definitive sentence or judgment there was an appeal provided to the Supreme Court.
6. Another Court of Record was establish- in each of the Counties called "The Court of Delegates," composed of three persons who were authorized to hear and determine all ap- peals from the Register for the Probate of Wills within the County for which they were ap- pointed.
This summary efficiently shows the division of the judicial power among the several Courts under the Colonial administration, as they ex- isted previously to the adoption of the first Form of Government.
On the 12th day of June, 1792, the second Constitution was ordained. By this Instru- ment the Legislative power was vested in a General Assembly, consisting of a Senate and House of Representatives, the same number of members in each being preserved as under the old system and apportioned in the same man- ner between the several Counties.
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