USA > Delaware > History of Delaware : 1609-1888 > Part 56
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General Rodney was apprehensive that the Tory or Conservative element might eleet a majority of the delegates to the Convention. Writing again to his brother, on August 14, he said :
"By your letter I stand infarnost as to the numer of your antszott-ts in the ensuing election, and can pleased to find you love to succeed. But are voll het tousingmine str Vinl'exportation . I wish sehr ticket may be supported by the Kommen of the notes, becalt+ I lalove the men with to have the great work in which we are now changed finished in such a manter as to afford to the community at lange that personal safety, security of property, there was sie bit of religious po feld- mon and that mypal and may distribution of peter which they have a night to export, and without which they cannot be happy. i del inet expect to be carried in the other ticket became have some names there who I believe are too far gone in personal progu her and private candu- ment to do justice to merit or to consider the rights and privileges of the people at large their interest But it the people cannot, or will not, ede these things, though glating, they must aufler."
At the opening of the polls at Dover, on Au- gust 19, the subjoined afldre-s was delivered :
"I'MI NTRYMEN, FRIENDS OF LIBERTY :- Having a few things to men- tion to you previous to your entering non the principal best of the day, without making any formal ajudagy for so dotter, which you would drem uuteresary, for I know your candour. I only request your favourable attention a little while. Where tramites relating to the publick me founded on pute, literal und specht princdes, they sho take an active part in them, tring proprily qualthed for the task, can- not bout pompe a conse ious firmness, at holde self-complacency, while they who in the more retired walks of life dlerve and feel the salutary effects of these measures have little more to do than give their approdut- tion and to sit down in ommet ; they earnestly wish and hope for their country's safety, should that remain set doubtful, and will heartly rejoice thrum when it becomes established. Of this latter number [ mecount myself, With many others, peaceably yet very ardently, am 1 looking for the complete propitions issue of American defensive .forte ; and though there be mamfold dangers still to excite apprehen- mon and difficulties not a few to be encountered, yet have we canwe to think a graemns Providence that thus far our affaits are tolerably successful. Publick men and publick operations throughout these rismi States will, with very few exceptions, I really believe, shed on the American name consjacnous, lasting honor."
The writer touched upon the causes of the Rev- olution and proceeded :--
"It may be laid down, indeed, as a first principle, fand f presmine we have the best writers on government to support us) that all power jestles originally in the people. Some have talked, and written too, of a Divine right upon a very different principle, but never yet could they render their positions even plausible. It appears much more reason- able to suppose that the Ruler of the Converse hath Folded the Divine right in the hands of the governed. By whomsoever the reins of got- vinment are held-whether its toris bw simple or compound-whether the Appartments be few or miny in the state - it is the people's author- sty that is deposited with each, and to them the constituted powers are beyond a doubt accountable, The general welfare-the people's happi- ness-being the end and main oljeet of all they are to judge ; for they can discern and feel how far that end is answered, and in their collective capacity to act as exigencies may require, but ever through the medium of findenra and sound thisere tion.
" Had not the rulers of Great Britain, to whom we so long with pleas- mio acknowledge ourselves subordinate, infringed upon our liberties and broken down the barneis ot public security ; had they uot made hight of the most sacred cotuparts and given wounds to the e wd oll con- stitution, at least so far as Amorua is concerned, would by no means have taken these steps that of necessity we must now puisse A fond- news for innovation we have never shown. Opposition to constitutional anthority we have never given. All we have been asking for, and all We wish now to attain, is 'pedre, liberty and atlety,' and if we cannet enjoy these blessings in one wystem we must try another. This is the footing on which we stand: here is the ground on which we proceed, and we trust in God it is firm enough to bear n4
"Yon minst In sensible, then, my respected countrymen, of the high privilege long muce clearly recognized, tully amertumed to you : the privilege, the right of governing yourselves, a circumstance absolutely essential to civil liberty. But as this can only be efferted by delegation, it being utterly meanvement and impracticalde for the whole people personally (for instance, in such a body as attends hete toallas, or one a vast deal langer) to be present at the passing of every ordinance and law, it is inenment on them to be rxeredingly caretnt who they ap- point to net in their behalf. Want of proper rirenmspection in this purtienlar is lighty culpable , I scarce know anything that can excuse it. And whether such intilehty to themeters and to their country procenda tanta people's indolence of temper ; from a sagte indifference about the matter-who or what kind of men are appointed , or whether it springs from venal, orrupt views; or, hastly, from tution and the matheuvres of party business, the evil actrung to society are much the same ; the conseqnet, to in the rut may prove fatal.
" Now, brethren convened on this on espn, you are well acquainted with the purpose of your meeting; you know the importance of it. Thete never was, perlite, an election hell in tins country, or this gos- ernment, half ev interesting as the present. Be very cautiuns, be
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rational, be dispassionate, be prudent, be just to yourselves and to your children.
" What you have to do is to choose suitable men ; men who have skill and integrity equal to the business you are sending them upon. The Congress hath primaaneed you tulup mint and free; it will rest with your convention by their politous mangement to sempre to you the happiness and safety that may result from that declaration. For a state may be free and indepen lent with respect to the impositions of any tur- vign power ; and nevertheless, through the views of its own plu yor the arbitrary disposition of its own rules, the porque of it hoslives, or at best have a very precarious venrity and ad -freetive enjoyment of their privileges. Bare good meaning in your representatives, without capa- city, is monthi vient; so is capt ity with oft an honest In urt Yon cin find men aming you possessed of both , men, I trust, nur sed by pre- judice, not warped by piston, above the narrowness and iliberality of injuring the general welfare out of private recent ment of top puntate interest. They also, in parti alar, why have atre vly conducted thent- selves well in the sphere of path ' n- fulness ought uut to be over- looked now by a grateful, siguen a- pende.
" Be on your grand azuret & parts spirit, or you will be unsled. Beware of those who wal f the Beton stafettin_ jealon-ies and levi-perate you against each other. Though -ath supporters of the common cause, be they of what distinction or sale they please, at matt is not, do assume a patriotic semblance, or may ahess yon nuder signatures to less than of Roman chanity, listeu not to their story with attention over-credulous ; think for yourselves ; ju Ire for your-les. . They realously affect you, but not well.' Their ways and in- ins are quite incompetent to beuefi- cial euds. The spirit of patriotist is no beullang, not-y effervescence, nor any ebullition of the min 1; it delights not in tumult, revenge of outrage. It isa pure, mainly flune, superior to the miists of faction. re- garding no puty names, exalting the soul to deeds of diffu-ive vittue. It is allied so close to the spirit of Christianity as torlaith these as its predominant qualities ; an umhismayel firmness, a generous, expansive benevolence, with zeal, wi, lom and clearne-s of understanding ; for it, tou, is ' a spirit of power and of love and of a sound mind.'
"Permit me, then, to charzy you with an affectionate solicitude-to entreat you as a brother and follow-mnhaintant, whose hopes and inter- ests are one with yours, to lav divi-tous and annu sities entirely asule ; they will, unless relinquished, distract our conneds; enervate, retard and disfigure our most useful proceedings at home, and utterly discredit us abroad Let us be united and ar peres by all means among ourselves. If ever unanimity was a virtue it iaust be ghe at the present juncture, and a pre-eminent virtue it is in a worthy cause.
" It is more than probable that in the process of this day there will be diversity of opinion- antong-t yon and a contrariety of endeavors ; there will be planning, no doubt, and e minter-id inining. This may arise from the nature of the busines4 for anght I know, and possibly in itself may not be censurable in the le ist or lentful to the bunds of peace, provided men act from an upright m ative, con Iusting their plans or their opposi- tion, if they must oppose one another, with humanity, good sense and decency. But ' bitterums atul wrath and clamor and evil-speaking and malice.' Oh, fy, fy on them ! they are to be classed with things most 'rank and foul in nature."
"At an election it is implied that certain persons, either upon their own motion or proposed by some one or other of the electors, do stand candidates for an appointment, whitever it is. Here, then, the electors or constituents have a right to ex .teise their own judgment, and people will differ sometimes in opiman. They hive the privilege of choosing for themselves, aod they may differ in their choice. But, still, it is every one's indispensable duty to inform has judgment as well as possible and to use his privilege so as not to take it The sure way is to conduct yourselves clear of prejudice and nu ine influence.
" I step not forward as an a Ivorate for tests, on occasions of this sort especially ; yet, perhaps, if everyone who set- upat an election and every voter, laying his hand apon his heart, were virtually to put some such test to himself as the following : Do I solemnly think that I am a suita- ble person for the plice or trust [ an whitting? or, do I - deinty be- leve thit the person or persons I vote for and whose interests I am pushing, are duly qualified ' and is my opposition to others grounded on principle? it would tend to preserve bath moral and civil liberty.
" The mention of this test brings to my mind another : I mean that which the Honorable Assembly have empowered the judges of election to put, as they may think tit, to any ar all of the voters. What I would observe on it (and I do it with great d ferencer is no more than this: If it was only meant as a restruut upon those who may be di- affected to the American canse, it was meant well ; bi if it should prove a bar to any teuder or sernpubis conse ences, so that a consuler- ablo class of men, otherwise good trials to their country. are withheld from their right, it is a pity. However, yon, gentlemen, Inspectors and Judges, have a discretionary power in the mitter, And we need not doubt your exercising it mu a manter Jelicate and unexceptionalle. Now, I conclude, wishing this county success in the event of the- interesting day and desiring for the sister confiths a similar felte ity. May we and they always have a succession of able, coal men to manage our politi- cal concerns, incurraptible guardians of the rights of firemeu. the honest representatives of an honest pr que. Like another Sparta, may this little state be wise and lave and great , great in strength but greater still in virtue, holding its rank with nnunpaired dignity in the scale of American euipire."
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Thomas Rodney was defeated as a candidate for the Convention, and Casar Rodney's letter, of August 21, points to the cause :
" Last night by the post I received an account of your defeat at the elertion, and in which I was not di-apjaunited, being convinced vetrom- tingel to be too satigmine in your expertations without taking the necessary steps to carry a pint of that sort, added to all the rest of your bad p hev, yon suffered Cablwell's comistny to march aw ty jist before the elections when there was no necessity for it, as the other com- podes were uut half full in any of the counties Parke tells me the conduct of your hight infantry heretofore hul chawn down the resent- ment of the people, which put it in the power of that party who were opposed to you to make this use of it."
The Delaware Convention assembled at New Castle, August 27, 1776, and was continued by ad- jourument to September 21. Each member took this oath :
"I -- will, to the utmost uf my power, support and maintain the independence of this state as derlared by the honorable the Conti- Dental Congres, and I will, to the best of my alghty, endeavor to form such a system of government for the people of this state as in my opinion may be best adapted to promote their happiness and secure to them the enjoyment of their natural, civil and religious rights and privileges."
"1 -- -- do profess faith in God the Father, and in Jesus Christ bis ouly Son and in the Holy Ghost, our Gol blessed forevermore ; and I do acknowledge the Holy Scriptures of the Old and New Testament to be given by Diviue tuspiration."
The Constitution adopted contained thirty ar- ticles. The first declared that hereafter the gov- ernment of the counties of New Castle, Kent and Sussex, shall in all public and other writings be called "The Delaware State." The Constitution further provided for the formation of the General Assembly, the popular branch of which was styled the House of Assembly and made up of seven members from each county. eleeted annually by the freeholders. The upper branch, or Council, consisted of nine members, three to be cho-en for each county at the time of the first election for the Assembly. They were required to be frecholders and over 25 years of age. In regard to them a curious system of rotation in office was established. The Counsellor having the smallest number of votes in his county served but one year ; he having the next largest number, two years; and he having the greatest number, three years, the vacancies being annually filled by election as they occurred. The right of suffrage remained as under the colon- ial government, and each house was invested with full power over the election of its officers, and to judge of the election and qualifications of its meni- bers. A member might be expelled for mis-behav- ior, but if his constituents should return him he was confirmed in his seat. All money bills must originate in the House of Assembly, but in all other legislation the powers of the branches were co-ordinate. The executive office was lodged in a " President or Chief Magistrate," chosen by joint ballot of the two branches, the Speaker of the Council to have an additional and deciding vote in case of a tie. His term of office was three years and he was not eligible. to re-election until three years after its expiration ; an " adequate
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but moderate" salary was attached to the office. His powers were very strictly defined thus :
"Ile nmy, by and with the advier of the Privy C'ouned, lar embargors or prohilet the exportation of any community for any true not everding thirty days in the recess of the firm ril Ass mbly Heel dli Five the power of granting pardons of reprises, except where the por ercutten shall be carried on lov the House of Assembly of the law chill otherwise direct, in which case s no putden or reprieve shall for gt ute dest y a r . solve of the House of Assembly; and may everrase all the other executive powers of government, hunted and restrained as by this Constitutions mentioned, and according tothe lawsof the state "
In case of the President's death, disability or absence from the State his functions devolved upon the Speaker of the Council, and if the latter was incapacitated or should die the Speaker of the House of Assembly assumed the office until a few election.
An important addition to the executive estah- lishment was the Privy Council, without the con- currence of which the President's prerogative was little more than nominal. This body was ma-le up of two members chosen by each branch of the Assembly, but no regular officer of any army of navy was eligible, and a member of either branch elected to it must give up hi- legislative scat. Three members of the Privy Council made a quor- um and their proceedings were to be open to the Assembly whenever it called for the record. They were required to attend the President upon his summons. Two members were removed by ballot, one by each branch of the Assembly, at the end of two years, and the remaining two the year, their places to be filled by election as in the original
manner. No Privy Counselor could again fili the office within three years at the expiration of his term. With the advice and consent of this Council, the President could call out the militia, of which, and of all other military forces of the State he was Commander-in-Chief. Either house of the General Assembly could act independently in the matter of adjournment, but they were required to sit at the same time and place. The President was not permitted to adjourn or dissolve them, but with the concurrence of the Privy Council, or on the application of a majority of the members of either house he could call a special session. The delegates to the Federal Congress were chosen annually, but the General Assembly could super- sede them at any time by a joint ballot.
The judiciary system was provided for by the 12th article :
"The President and General Assembly shall by joint ballot appoint three Justices of the Supreme Court for the state, one of whom shall be Chief Justice, and A Judge of Aduuralty atul also four Justier's of the Courts of Common Pleas and Orphans' Charts for each county, one of whom io e ih Count shall be styled Chief Justice tand in case of divis- ion on the ballot the President shall have an additional casting vowel to be commissioned by the P'resident under the great seal, who -hall con- tinue in ofice during good behavior, and during the time the Justices of the Supreme Court and Courts of Common Pleas tenbath in athee, they shall hold none other "Sept in the mintis. . . . The President and Privy foumed shall appoint the sertetary, the Attorney-ti geral, Has- ters for the Probate of Wils and _runting Letters of AInninstallons, Registers in Chancery, Clerks at the Courts of Common Plus and Or- phans' Courts anni Cleths of the Peare, who shall . . . remain in office during five years if they behave themselves well ; during which tiute
the Registery no Chancery and Plet ky shall not be Justices of either of the wid fourty of which they are others but they shall have authority Lo sagte all " rots by then tested and take deer guidamore of bal."
The House of Assembly was empowered too name twenty -four person- in bach county, from whom the President and Privy Council -hould appoint twelve as justices of the pirates to serve for seven years ; members of the Legislature and Privy Council were ex-offici., justice of the peace. All officers of the artay or navy were to be elected by the General Assembly, : ut the President could appoint all civil officers not ctherwise provided for by the Constitution. The Court of Appeals was consti- tuted of the President and three members to be chezen by each house of the Assembly, and exer- cised all the powers and authority given by law in the last resort to the King in Council under the old government. The President and all other officers were liable to impeachment by the House of Assembly before the Legislative Council for offenses against the State, " either by mal-adminis- tration, corruption or other means, by which the safety of the commonwealth may be endangered," within eighteen months after the offense was com- mitted, and punishment upon conviction was that they should be " forever disabled to hold any office under government or be removed from office. pro tempore, or subjected to such pains and penal- ties as the laws shall direct." The 26th article WAS :
" No person hereafter imported into this State from Africa ought to be held in slavery on any pretense whatever ; and no negro, Indian or mulatto slave ought to be brought into this State for sale from any part of the world."
The first election for the General Assembly was appointed to take place October 25, 1776, and the body was directed to meet October 28th, the members to be elceted yearly. To prevent any violence or force being used at the elections, no armed person was allowed to come to any of them, no muster of the militia could take place on election day, and no battalion or company eould give in their votes immediately succeeding each other if objection was made by a voter offering his ballot. No company or battalion was permitted to remain within a mile of a voting-place within the twenty- four hours preceding or following election day. Having thus guarded against military interference, the framers of the Constitution took care of reli- gious freedom, while providing against sectarian influence in public affairs :
"There shall be no establishment of any one religious seet in this State in preference to another, and no elergyman or preacher of the gospel, of any denomination, shall be capable of holding any eivil office in the State, or of being a member of either of the branches of the Legislature, while they continue in the exercise of the pastoral fune- tion."
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The final paragraph of the instrument ordained that the provisions relating to the name of the State, the status of the Legislature, the slave trade and the exclusion of the clergy from offire ought never to be violated on any pretense whatever. As to changes in other part- of the Constitution, they might be made with " the consent of five parts in seven of the A-sembly and seven members of the Legislative Council."
In this convention George Road presided, and James Booth was clerk. The members from the three counties were the following :
New Castle,-Nichola- Van Dyke, Richard Cantwell, Alexander Porter, John Thompson, Abraham Robertson, Thomas MeKean, George Read, John Evans, John Lea, John Jones.
Kent,-Thomas Collins, Charles Ridgely, James Sykes, Richard Bassett, Jacob Stout. John Cook, Samuel West, John Clarke, Thomas White, Rich- ard Lockwood.
Sussex,-Jacob Moore, James Rench, Isaac Bradley, John Wiltbank, Isaac Horsey, Wm. Polk, Joshua Hill, Peter Hubbert, Phillips Kol- lock, Alexander Laws.
The " Declaration of Rights and Fundamental Rules," a strong and compact document, read :
"1. That nll government of right originates from the people, is founded in compact only and is fustituted solely for the good of the whole.
"42 That all men have a natural ani unalienable right to worship Almighty God according to the dietates of their owu consciences and unterstandlings, and that no man ought or of right can be compelled to attend any religions watship or maintain any ministry contrary to or against his own free will and consent, and that no authority can or ought to be invested in, or asstimued by any power whatever, that shall in any caso interfere with, or in any minter control, the right of couse ience in the free exercise of religious worship.
"3. That all persons professing the Christian religion ought forever to enjoy equal rights and privileges in this State, unless under color of religion any man disturb the preare, the happiness or safety of society.
" 4. That the people of this State have the sole, exclusive and anher- ent right of governing and regot iting the internal police of the same.
"5. That persons entrusted with the Legislative and Executive powers are the trustees and servants of the pubhek and as such account ille for their conduct; wherefore, whenever the end of government are per- verted and publiek liberty manitestly ending rol by the Legislative singly, or a treacherous combination of both, the people may and of right ought to, establish a new or reforin the old goverment.
"6. That the right in the people to participate in the Legislature is the foundation of liberty and of all free government, and for this and ali elections ought to be fire and frequent; and every freeman having sufficient evidence of a permanent common interest with and attach- ment to the community hath a right of suffrage.
"7. That no power of ansprudie laws or the execution of laws onght to be exercised, unless by the Legislature.
"8. That for redress of enevances and for amending and strengthen- ing the Laws the Legislature ought to be frequently convened.
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