USA > Delaware > History of Delaware : 1609-1888 > Part 33
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87
In 1734 an important and fundamental change was made by an act regulating elections, as well as the number, of members of the Assembly. There- after the elections for member- of the Assembly were to take place on the 1st day in each succeed- ing October, at the Court-Houses in New Castle, Dover and Lewistown, for the counties in which these towns were situated. Each county was then entitled to at least six representatives, but the Assembly might increase that number if it saw fit. Voting was made compulsory tor all qualified electors, under penalty of a fine of twenty shillings. The Assembly thus elected met on the 20th of
136
HISTORY OF DELAWARE.
October at New Castle, and the only excuses for them were of no little importance. A pound w .:- in this year built at New Castle, and paid for by the people of the town. This was to check the nuisances suffered from horses and cattle runnin . loose. Thereafter, if a stray horse or head of cutt were found on the property of a person whose fene. . were erected according to law, he might put tin horse or cattle in the pound until compensated by their owners for whatever damage was done. An other improvement made at New Castle was the establishment of a regular market, and thoroug . regulations for its conduct. Philip Van Leuvenich was appointed elerk, with authority to enforce con- formity to its rules. Wednesday and Saturday were selected as the regular market days, and no one was allowed to buy or sell any provisions, except fish, milk and bread, anywhere but at the market-place on those days. On a breach of thi- rule the elerk of the market could levy on both purchaser and vender for the amount of the sale, and these fines were used for the benefit of the poor of the town. The regulations prohibited the sale of unsound beef, and the use of false weights. The size and weight of the loaves of bread allowed to be sold were fixed by the justices of the peace, and every baker was required to mark his loaves so a- to distinguish them from others. No person was which the Governor was allowed to temporarily change the place of meeting was a raging sickness or foreign invasion. The qualifications for the right of sutfrage, and also to hold office, were that the person should be a subject of Great Britain, and twenty-one years of age. He was also required to be a freeholder within the government of the lower counties and have fifty acres of land or more, twelve of which were cleared and improved, or in lieu of this he must have possessed forty pounds in money. But in any case, he must have been a resident for two years. Any person offering to vote who was not so qualified wa- subject to a fine of five pounds, and was not eligible to serve as a member during that year. This punishment was also imposed for bribery. Inspectors of election were chosen, one out of each hundred, and they, with the sheriff or coroner, acted as judges of elections. Every elector handed in the name- of the parties for whom he desired to vote in writing; but if he were illiterate, one of the clerks in attend- ance at the polls was empowered to publicly write whatever name> the elector should mention, and deposit the paper in the box. Any vacancies occurring were filled by special elections under writs issued by the Governor, or in case of his failure to issue them promptly, the Speaker of the allowed to offer any meat for sale on Tuesdays and Assembly was empowered to sign them. The Fridays, except in the months of June, July and August. sheriff then publicly announced the time and place of election, and posted notices on trees, houses, and It was also found necessary to appoint new trustees over the public land at Dover. The three who had been appointed in 1719-Benjamin Shur- mer, William Brinkloe and Richard Richardson - had since died, and the absence of any one with authority to sell the land had been a serious draw- back to the town. In their stead were appointed! John Halliday, James Gorrel and Thomas skid- more, who were authorized not only to sell all the land not yet disposed of, but also to confirm the titles of any sold by the former trustees. even the Court-House and places of worship. The Assembly had authority to elect a Speaker and other officers, and was the judge of the qualification and election of its own members, impeached erim- inals, redressed grievances, passed laws and pos- sessed other powers necessary for the conduct of a legislative body. The quorum was two-thirds. No member was allowed to vote before he attested to a rigid oath, in which he was obliged to swear allegiance to the King, his abhorrenre for the doctrines of the Catholic Church, and his belief in the divine inspiration of the Old and New Testa- ments. Members of the Assembly received six shillings per day, and the Speaker ten, as well as a mileage of three pence, which was paid by the counties from which they were elected.
At the October elections in 1734 all the old officers were continued except Simon Kolluck, who was succeeded by Cornelius Wiltbank as sheriff of Kent. In 1735 John Gooding once more becarge sheriff of New Castle County, with Henry Gonne as coroner. In Kent, Daniel Rodeney and Nicholas Loockerman retained their offices, while in Sus-ex both officer- were changed by the election of John Shankland for sheriff, and Daniel Nunez as coroner.
The people at this time began to tire of the practice of re-electing sheriffs for a number of successive terms, but found that it was no easy matter to check. Many evil- had resulted from the custom. The sheriff had resorted to bribery, and it was also complained that their liberal di -- tribution of intoxicating liquors usually tran -. formed the polls into a how ling mob of drunk and disorderly ruthians. Along with the many other additions to the statutes in 1740, the Assembly enacted a law prohibiting a sheriff who had served three terms to be re-elected until a like time had elapsed after the expiration of his last term, and at the same time heavy penalties were threatened on all who offered or accepted bribes in money. drink or in any form whatsoever. Another evli which received a check was the importation of
The year 1740 brought forth many new measures from the law-makers of New Castle, and some of paupers. in whom an extensive trade had sprung
137
COLONIAL HISTORY.
up. It was now made unlawful to import a con- viet or pauper into the territories without paying a duty of five pounds for each one, and giving bond in the sum of fifty pounds for his good behavior for one year. In the ease of infant- or lunatic- and the like, the person importing them had either to indemnify the government or return them whence they came. Special collectors were appointed to see that these provisions were obeyed in each county. John Finney was appointed for New Castle County, John Holliday for Kent and Simon Kolluek for Sussex, and any vacancies were filled by a connuis- sion from the Governor.
An attempt was also made to decrease dranken- ness, blasphemy and profanity. Drunkenness and mild profanity were punished by small fines, and the culprit was placed in the stocks for from two to three hours, but for blasphemy he was set in the pillory for two hours, branded on the forehead with a B, and then received thirty-nine lashes on the bare back in full view of the public. Inn-keepers were more strictly watched, and the prices of liquor and the quantity allowed to be sold were annually fixed by the justices in each county, and the lists were posted in each tavern. Minor measures were passed, fixing the time for killing deer and making it punishable to kill a drer or fawn from January 1st to August 1st. The height of post and rail fenees was put at four and a half feet, and worm fenees at five feet, and several other similar laws were passed at the same time.
About the middle of 1740 the lower counties had a lively experience with Robert Jenkins, who had counterfeited a large quantity of their paper money. Jenkins was a resident of Salem, New Jersey, and, in 1739, had gone to England with a number of the bills and offered Abraham Ilive, a printer at Southwark, five guineas if he would duplicate them, and promised a further reward when he returned to America. Hive, it appears, had printed the bills, but informed on Jenkins. The latter shipped as a cook on a vessel bound for New York, and arrived in June, 1740. Governor Clarke, of New York, was awaiting his arrival, and nine hundred and seventy-one twenty-hilling notes were found in his possession, although none of them were signed. He was taken prisoner and Governor Thomas, of Pennsylvania, was notified. He was brought to Philadelphia, and on July 3d was examined by the Governor and Recorder Andrew Hamilton, but Jenkins firmly held out that the bills, as well as two phials of red and black ink taken from his trunk, were there when it was purchased, and he knew nothing of them until they were found secreted in the top by the authorities at New York. It was plain that he was guilty, however, and he was forthwith sent to New Castle, where he wa- tried and convicted.
In October the elections for sheriff and coroner
in the three counties resulted in favor of John Gooding and Henry Gosne for sheriff and jeoroner of New Castle County, Samuel Robinson and Richard JJames for Kent, and Cornelius Wiltbank and John Wynkoop for Sussex. In 1741 the New Castle officers were re-elected, but in Kent County Edmund Badger succeeded Richard James as coroner, and in Sussex Peter Hall and Poter Clowes became sheriff and coroner, respectively.
The Assembly, in 1742, again passed a number of new laws with a view to preventing dueling, horse-stealing, burglary and other similar crimes. A measure deserving of more notice, however, and passed in the same year, was a jury act. The sheriff's in each county were ordered, on the receipt of proper writs from the court, to summon twenty-eight of the most able and substantial men in their bailiwieks to serve as grand jurors, and forty-eight as petty jurors, in the Court of Over and Terminer. For the Quarter Sessions they were to summon a grand jury in each county before the beginning of the May term, and this jury served during the year, but a petty jury was summoned quarterly, before each session of the court. But in case the sheriff was in any way connected with the parties interested in a suit pending before the courts, or was in any way dis- abled. his authority for summoning jurymen was transferred to the coroner.
An innovation that was now introduced was the appointment of wood-corders in every town and village in the counties. It was the duty of these officers to measure every cord of wood offered for sale and eertity that the dimensions were such as were properly required. The corder received a six-pence from the purchaser for his labors.
The market at New Castle having proved a success, similar additions were made to Dover and Lewistown. The regulations were almost identical with those for the New Castle market, and the management was likewise placed in the hands of clerks. Thomas Nixon was appointed for Dover and Joshua Fisher for Lewistown.
An incident that ocenrred in 1742, while of no great importance, and yet giving evidence that the lower counties were progressing smoothly and harmoniously in their independent government, arose out of a quarrel between Governor George Thomas and the Assembly of the province. The Assembly had used rather harsh language in reference to the Governor, and an allusion had also been made to his allowances. In reply Governor Thomas employed the following lan- guage: " But before I proceed to a vindication of myself give me leave to say that you would have shown more exactnes, if you had distinguished between the perquisites of this government and those of' the lower counties, for I conceive you
91
138
HISTORY OF DELAWARE.
have no more to do with what relates to that for sheriff and coroner for 1744 placed Saint I government than you have with the income of my Biekley and Benjamin Cook in those offices 1: New Castle County ; Thomas Green and Thomas Parke for Kent; and William shankland an! Robert Gill for Sussex. The following year n. change was made except in the office of Sheriff .: New Castle County, which was tilled by Gideon Griffith. In 1746, Gideon Griffith and Janie- Mc Mullin were elected sheriff and coroner in New Castle ; John Hunter and George Goforth in Kout : and William shankland and John Molliston in Sussex. own private estate. To that Assembly and their constituents I am pleased with making my acknowledgment for the provision they have annually made for my support, but more particularly for the justice they have done to my administra- tion, for from hence it will be concluded by all unprejudiced persons that the names impostor, plunderer, invader of the liberties of the people, etc., ete., are the result of personal prejudice or a malignant party spirit."
Samuel Bickley and Benjamin Cook were this year elected sheriff and coroner of New Castle County. In Kent and Sussex the old officers heltl over.
In 1743 the method of rai-ing taxes in the lower counties was subjected to a complete rear- rangement. At the regular October election for members of the Assembly, the voters chose an assessor for each hundred, service being compul- sory. On the Tuesday after the meeting of the Quarter Sessions in November, the justices in each county and eight grand jurymen, together with all the assessors for the county, formed themselves into a sort of finance board, and estimated the amount required to meet publie expenses for the coming year. When this was determined they made out a list of items and the sum required for each, after the fashion of a regular appropriations bill. In August the county clerk directed the constables in every hundred or distriet in huis county to pre- pare lists containing the full name of every taxable person and all other freemen within their districts. These lists were furnished to the board in Novem- ber, and were used by them in asses-ing the prop- erty of the county. The assessments were posted by the county elerk, and four weeks after the board held its November meeting it again con- vened to hear any appeals from their assessments, or to correct omissions or other errors. At this second meeting they appointed a collector in every hundred for one year. The collector was paid at the rate of ten per cent., but where he was obliged to sell any property, or arrest a tax-payer by reason of his inability to collect, his fee was limited to three shillings sixpence in the first case, and four shillings in the second. The county treasurer re- ceived and disbur-ed these funds, and was allowed four per cent., and his accounts were examined annually by three members of the board. The justices, grand jurymen and assessors who formel the board in New Castle County were together allowed eighteen pounds for their services, those in Kent fourteen pounds, while twelve pounds was the allowance for the Sussex board.
Matters were very quiet throughout the lower counties for several years, and even the Assembly remained comparatively inactive. The elections
In 1747 and 1748 all the lower counties were kept in a great state of excitement, owing to the attacks of privateers, but this has been treated of in another chapter. In 1747 the road leading from Philadelphia to New Castle was the cause of much annoyance, owing to it> bad state of repair and difficulty of improving it. At a meeting of the Council, on August 18th, two petitions were pre- sented, one from George Gray, keeper of the lower ferry, and the other from a number of citizens of Che-ter County. a-king that the road be repaired. The record of the road had been destroyed, and it was some time before the Council consented to have the road resurveyed, but directions were finally given for the resurveying of the road, which was now made sixty feet wide.
Late in the year a number of commissions were issued to officers in New Castle County, who, with others in the various counties of the province- and territories, had begun to organize small companies for defense. The new officers wer : Captain Wil- liam MeCrea, Lieutenant Alexander Moody, En- sign Franeis Graham ; Captain Henry Dyre, Lieu- tenant Paul Allfree, Ensign Jerrard Rothwell : Captain David Steward, Lieutenant Jerome Du- sheene, Ensign Isaac Dusheene; Captain George Gano, Lieutenant James Egbertson, Ensign Thomas Bennett; Captain David Bush, Lieutenant John McKinley, Ensign Charles Bush ; Captain John Vance, Lieutenant John Vandyke, Ensign William Harraway : Captain Alexander Porter. Lieutenant James King, Ensign Samuel Allrieks : Captain Edward Fitzrandolph. Lieutenant Alex- ander Chance, Ensign Joseph Hotham. To these were added, early the next year, Captain William Patterson, Lieutenant John Read. Ensign Thoma- Montgomery ; Captain William Danforth, Lieu- tenant Henry Cole-bury. Ensign Peter Jacquet : Captain David Wither-poon, Lieutenant Alexan- der Armstrong. Ensign Anthony Golden ; Captain James McMechen, Lieutenant Abel Arm-trong. Ensign Thomas Ogle: Captain William Arnt- strong, Lieutenant James Morris, Ensign Thou- Philips: Captain Jacob Gooding, Lieutenant Jacob Vanhebber and Ensign Dayi Howell. In May, 1748, still further additions were made from New Castle County by the issuing of commission-
139
COLONIAL HISTORY.
to Captain David Finney, Lieutenant Francis committee to lay off a square plot of ground in January, Ensign French Battle ; Captain Evan Rice, Lieutenant James Walker, En-ign Charles Bryan, Sr .; Captain John Almond, Lieutenant Luloff Peterson, Ensign Luke Monuce; Captain Timothy Griffith, Lieutenant William Faries, En- sign David Rowland; Captain Archibald Arm- strong, Lieutenant Thomas MeCollough, En-ign Robert Pierce. Two regiments were organized in the county, and commissions i -- ued to John Good- ing, Sr., and William Armstrong as Colonels ; Thomas James and William Patterson, lieutenant- colonels ; and Jacob Vanbebber and William McCrea, majors.
In Kent County the appointments were to Captain John Vining, Lieutenant Thomas Parke, Ensign Richard Wells ; Captain John Hunn, Lieutenant William Hirons, Ensign Mark Hiron- ; Captain Robert Blackshire, Lieutenant John Rees, Ensign William Rees; Captain George Martin, Lieutenant Jacob Allee, Ensign John Vanwinkle ; Captain John Caton, Lieutenant Robert Catlin and Ensign Joseph Hodson. In August, New Castle County added Captain John Edwards, Lieutenant David Johns and Ensign Robert Stewart ; and Kent, Captain David Marshall, Lieutenant David Clark, Ensign William Green ; and Captain James Edwards, Lieutenant James Lewis, Ensign James James.
The elections in October, 1749, resulted in the appointment of John Vandyke and Samuel Silsby to be sheriff and coroner in New Castle County, Thomas Parke and William Blakiston in Kent, and Peter Clowes and William Shankland in Sussex. The two first-named counties retained the same officers in 1750, but Sussex elected William Shankland sheriff and Robert Mellwaine coroner. In 1751 George Munro and John Yeates were elected to fill the two offices in New Castle County. The two sheriff's were re-elected in Kent and Sussex but new coroners were elected, who were James Grey and John Rodeney.
The years 1751 and 1752 found the Assembly of the lower counties once more extremely active. One of the first matters of importance which received its attention was a new great seal for its govern- ment. The old seal had the word " Delloware " engraved on it, and as it wa- feared this might in time produce trouble, a new one was thought necessary. All papers stamped with the old one were declared to be perfectly legal, and Jehu Curtis, Benjamin Chew and Abraham Wyncoop were authorized to procure the new one. It was inude of silver, was two inches in diameter and contained the arms of the King of Great Britain, the words " Counties on Delaware "and the date 1751.
As no building had yet been constructed for the market-place in Dover, Nicholas Ridgely, Andrew Callwell and Thomas Alford were selected as a
the middle of the court-house square on which to build a market-house. Thomas Clark was appointed clerk of the new market, and the regu- lations were made similar to those in New Castle. New trustees were in this year appointed for the general loan office- in the different counties. These ottives had been in existence for two years, and originated in consequence of the re-printing, exchanging and re-emitting of twenty thousand pounds of paper money. The officers originally appointed were Jehu Curtis, John Vance and John McCoole for New Castle County, John Brinkley and Thomas Green for Kent, and Rives Holt and Jacob Kolluek in Sus-ex. Their duties comprised a general superintendence of the new issue of money, and each was required to give bond in the sum of one thousand pounds. The terms for which they had been appointed having now expired, Jehu Curtis and John Vance were reappointed in New Castle County and served with a new trustee, Richard MeWilliam. In Kent County, John Vining and Andrew Caldwell were the new appointees, while both the old officers, Rives Holt and Jacob Kolluck, were continued in Sussex.
Steps were also taken toward the better main- tenance of the bridges and highways in the different counties. The justices of the Quarter Sessions were instructed to appoint annually at the May session of the court one or more overseers in each hundred. All king's roads were ordered to be forty feet wide, of which thirty feet were kept grubbed and cleared, and all branches and limbs by the wayside were cut off' within ten feet of the ground. Other public roads were to be thirty feet wide. Bridges over ereeks or gulleys were twelve feet wide with railings three feet high. These were built and kept in repair at the expense of the county in which they were situated, unless the bridge was necessary by reason of a mill-race crossing the road, in which case the owner of the mill was obliged to attend to the bridge. If the people of any particular neighborhood considered a road necessary, application was made to the justices of the Quarter Sessions, who then chose five freeholders of good standing to examine the region through which the road was to run, and report as to the advisability of constructing it, the length, direction, damages and other necessary particulars. If the committee reported favorably, and the petitioners agreed to pay the damages, the road was constructed. To keep the roads in repair the overseers were wtapowered to require of every man paying taxes, amounting to thirty pounds or lesa, a day's work performed either by him-elf or a sub-titute. Those paying from thirty to sixty pounds were obliged to furnish two men, and all paying more than sixty pounds three men.
140
IHISTORY OF DELAWARE.
It was also necessary to appoint new trusters for a third time, two of the second set having died, to dispose of the remaining lots in Dover. James Gorrell, Benjamin Chew and Robert Willcocks were this time selected, with the same powers as were conferred on their predecessors. The last two mentioned were also appointed in a similar capacity in conjunction with Samuel Dickenson, John David and John Vining, to dispose of the old Dover jail and the ground about it. The people had raised a fund for building a new one, which, together with the proceeds coming from the sale of the old jail, was placed in the hands of the trustees to purchase a new lot. The sherith and coroner- elected in October, 1752, were George Monroe and John Yeates for New Castle County, John Clayton and French Battle for Kent, and William Shankland and John Rodeney for Sussex County. In 1753 Monroe was re-elected, but John Yeates was succeeded as coroner of New Castle County by Robert Morrison. John Clayton, Jr., became sheriff of Kent County and French Battle retained his position as coroner. Two new officials were elected in Sussex County, the sheriff being Jacob Kolluek, Jr., and coroner John Spencer.
In 1754 Jehin Curtis, the second judge of the Supreme Court, died, and William Till was appointed to succeed him by Governor James Hamilton. Several justices had also died in Kent County and a new commission was issued, at the same time, appointing Samuel Diekinson, John Brinekloe, Thomas Clark. Samuel Johns, William Farson, John Vining, George Wilson, George Martin, John Goading. Stephen Parradee, Robert Willcocks. Richard Wells. Thomas Irons and John Clayton, Jr.
The French and Indian War had by this time become merely a question of time. The French eneroachments in the West had already stirred the people into activity, and all the colonie- were tak- ing whatever measures they were able to assist in the common defense. In 1754 the Assembly of the lower counties on Delaware had provided for raising a thousand pounds for His Majesty's use, and the following year, when the crisis was still nearer, an act was passed for establishing a militia. Braddock had by this time arrived and was already in the West. Every one was eager to assist in any way possible to decrease the hardships of the journey. The lower counties, not feeling themselves able to render any great assistance, but yet desirous of doing all within their power, sent a load of provisions to the general and also a herd of cattle for the army. Governor Robert Hunter Morris forwarded with them the following letter :
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.