History of Delaware : 1609-1888, Part 57

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn
Publication date: 1888
Publisher: Philadelphia : L. J. Richards
Number of Pages: 776

USA > Delaware > History of Delaware : 1609-1888 > Part 57

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).

"9. That every man hath a night to petition the Legislature for the redress of grievances in a praceable and orderly manner.

" 10. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to ron- tribute his proportion toward the expen- of that protection and weld his personal service when necessary, of an mpuivalent theiet ; but no part of a man's proprity can be justly taken from hint or applied to put- lick uses without his own consent or that ot hty lezal representatives ; nor can any man that is conseteph of-ly seropatlots of bearing arms in any case be justly compreliel thereta if he will pry such equivalent.

"11. That retrospective laws punching dieties comousted future the existence of such laws are oppressive and unjust and ought not to be male

" 12. That every freeman for every injury done him in his goods, Jand or person by any other person, ought to hive remedy by the course of the law of the Land, and ought to have justice and right for the in- justice done to him firely without sale, fully without any demal and speedily without delay, according to the law of the land.

"13. That trial by jury of the farts where they arise, Is one of the greatest seruritiey of the lives, liberties and estate s of the people.

* 14. That in all pr soentions for cnnund off enses, every man hath a right to be informed of the arcu-ation against him, to be allowed conn- sel, to be confronted with the quen-cisont withesses, to es unne es plano oo oath in his favor and too a speedy trial by an impartial jury, without whose andhumans consent he wacht not to be found guilty

. Is That no man in the Courts of Common law ought to be compelled to give Pyrenee ag un-t himself.

" [. That ev renve but- night not to be required, nor excessive fines

" 17. That all warranty without with to seuch suspected place, up to seize any prison or his property, are quevons and oppressive; and dl general warrants to search suspected plans or to aproblemat all persons suspected without nahang on des nibing the place or any person in spe- cial, are illegal and might not to be granted,

" IS, That a well-tregulated nulitin is the proper, natural and safe de- fense of a free government.

** 19 'that stan ling arites are dingerons to hberty and onght not to be raised or kept up without the consent of the Legislature.

"20 That in all cases and at all times the military ought to be under stret subordination to and governed by the ivil power.

" 21. That no solder ought to ha gmutried in any house in time of peace without the consent of the owner; ail in time of war in such manner only as the Legislature shall direr t.

" !! That the independence and myughtiness of Judges are essential to the importial administracton of justice and a great security to the rights and liberties of the people.

"23. That the liberty of the press ought to be inviolably preserved."

The convention was not controlled by the more advanced section of the patriot party, and although it acted mainly under the influence of George Read, who is, indeed, credited with being the author of the Constitution, its proceedings and results were far from being satisfactory to his colleagues in Congress, Messrs. MeKean and Rodney. Much apprehension existed on the part of the latter that the convention would arrogate to itself the function of electing delegates to Congress, in which case Rodney and Me Kean would surely have been dis- placed. Mr. MeKean was determined that the convention should not turn himself or any one else out of Congress, and if such a move were attempt- ed, he would make the is-ue before the people. Mr. Rodney's letter of August 28th, from Phila- delphia to his brother Thomas, exhibits the same firm purpose. Thomas Rodney was in full sym- pathy with this antagonism toward the majority of the convention, and wrote in reply :

" Though the people in a popular government often put away ce dd nien for bad ones, and though such a change could not be more danger- ons at any time than the present, yet I book on the present change with 14 .is an example wtuch favors liberty. If the people will not conting- ally support those men who have served them faithfully at all hazards, it cannot be supposed that they will long support those men who, in opp ettion to the publick weal, pursued their own private interest only. These men, by a violent exertion of the influence of the Magistracy, and descending to assert the most base, low and infamous false hoods, have succeeded for when because the people were so blinded that they could not are their true interest. But be assured that they that set them up will pull them down again."

Much harsh comment was also directed against the Constitution and the form of government which it set up. " I'hilo-Alethias " published on October 10th a sharp criticism, in which he applied Mon- tesquien's remarks that "There are some good things in the Dataware Constitution, which are ev- idently borrowed from the Pennsylvanian, but mangled like a school-boy's abridgement of a Spectator paper. Some of their Bill of Rights, explained by Tories, might prevent all American defense. Ju-tices of the Peace may also be As-

236

HISTORY OF DELAWARE.

semblymen, i. e., 'Make and execute laws which destroy all liberty !'" The most particular fault which " Philo-Alethias" found with the Delaware political establishment was, that while it contained only three counties, it had four distinct legislative bodies-an Assembly, Legislative Council, Pres- ident and his Privy Council. " All these opposite and incoherent powers," he says, " in that small and greatly-divided handful must produce endless jars and confusions, till one of these powers be- comes an aristocracy, and, like Aaron's serpent, swallows up all the rest or betrays the whole to somne foreign power, which we know the present representatives of two of these counties, who have been counted all along enemies to the cause of America, would, if they durst, presently do. However, they have the nomination of members of Congress, and may thereby expect it if such dis- colored parts of other States prevail. They have also made their form of government without an appeal to the people, or hearing any objections, or giving any appeal to Congress, though one whole county was not represented in convention, except only the Tories in it."

However, Delaware settled down under this new form of government and proceeded with the raising of troops, the record of which we shall now follow throughout the war. We have already seen that previous to the Declaration of Independence the militia of the three counties had been rudely organized and had done duty in various skirmishes on the western shore of the bay, but the time had now arrived for the formation of corps fit to meet the highly-disciplined troops of the enemy. The first regiment raised was that of Col. John Haslet, which was, in fact, in process of formation before independence had been declared. They were State troops-that is, a command organized under the colonial laws and furnished by the colony or State of Delaware upon the call of Congress, who appointed their field officers. The regiment com- prised eight companies of about one hundred men each, and on January 19, 1776, Congress elected as its field officers, John Haslet, colonel ; Gunning Bedford, lieutenant colonel; and John MacPher- son, major.1

Although the fact was not known to Congress, Major MacPherson was dead at this time. Ile was an aid to General Montgomery and was killed beside his chief at the storming of Quebee, Decem- ber 31, 1775. Consequently, Thomas Mardon- ough was elected to the position on March 22, 1776, and the only roster of the regiment in exis- tenee shows the field officers already mentioned and the following officers of companies, a list more complete than Mr. Whitely was able to obtain :

1 " The Revolutionary Soldiers of Delaware." a paper read by Wm. G. Whitely before the Plaaware Le colture, February 1, 1573. T . Mr. Whitely's paper we are indebted for many of the facts comprised in these pages.

Nime and Rank. Date of Conil -- ion.

Ist, Capt, Jos ph studiman ..

24, C'est Jonathan Caldwell Jan. 11, 175

34, Cupt David Hall, Jr. .Jan. 1, 1774

Jan. 16, 177.

4th, fapt. Henty Darby ..

Jan. 17. 1774.

ath, Capt Chatles Popp ..

ntb, Capt Nathan Adamy. Jan. 1x, 1720.

Tth, Capt Ameurt Smith

stb, Capt Joseph Vanghan.

.Jan. 20, 1776.

Ist, Ist Lent Lewis Howell.

.Jan 13, 1776.

2d, Ist Lient John Patten .

... 1.0. 15. 1776

20. 1st Tuent. Jonathan Harney.

4th, 1-t Lient. Rolett Kirkwood, Jr.

5th. Ist Jaent. James Wells. Jan. 17, 15N.

Jan. 15, 1,70.

6th, Ist Laient Lettes Moore

Juti. 199, 177h.

7th, Ist Lient. John Du kson.

.Jan. 20, 1776.

sth, Ist Parent. Joseph Fint.

lan. 21, 1776.

Ist. Ed Lient. Enucb Ander-on

Jan. 13, 1776.

2d, Eil faut. George MeCall ...

Jan. 15. 1756.

20. 24 laent. John Learmonth. Jan. 16, 1970.

4th, 2d Lient. Win, Popham ..

Jan. 17, 1774.

7th, Ed Lient. Alex. Stuart, Jr. Jan. 18, 17Th.

6th, El Lent. James Gordon. Jan. 19, 1776.

7th, 2d Larnt James Mardonough, Jr. Jan. 20. 1776.

8th, 24 Lient. John Perkins, Jan. 21, 1774.

Ist, Ens. Thomas Holland.

Jan. 13, 1770.

24, Eus. James Stephens

3d, Ens. Cord Hazard. 1.1. 15, 1776.

Jan. 11, 1776.

4th, Ens Peter Jacgnett, Jr

Jan. 17, 1776.

5th, Ens. John Wilson

.Jan. 18, 1776.

Tth, Ens. Abram Carty Jan 19, 1776.

Jan. 20, 1776.

8th, Ens. Wm. Vaughan

Jan. 21, 1776.

STAFF OFFICERS.

Chaplain.

..... Rev. Jowph Montgomery.

Surgeon .. James Tilton, M.D.

Quartermaster

Robert Bail.

Adjut.v .. t ... Thomas Holland.

A large proportion of the regiment were at Dover on July 5th, when the news of the Declar- ation of Independence reached there. The troops were assembled under the direction of the Com- mittee of Safety, and a picture of King George was procured. The drummer bore it before the President, and after a march around the square, a circle was formed about a fire which had been pre- pared and the picture was cast into the flames, the President pronouncing these words : "Compelled by strong neces-ity, thus we destroy even the shadow of that king who refused to reign over a free people." On July 20th the regiment was ordered to Philadelphia, where it attracted much commendation. Abram Clark, writing on August 6th, to Colonel Dayton, says :

" I dare say you have a good regiment and hear their commendation with pleasme, but bad you seen a regiment that went near two werks agu to New York, maised in Maryland, and anther pirided this day in the State House yard, from the Delaware government, you would have altered your opinion ; they were all shirtmen, mostly of an age and size. The two battalions above-mentioned were the finest I ever saw."

On August 7th Congress directed that the rer- iment be equipped with arms lately imported, and then report to General Washington at Amboy, N. J., where they were brigaded with four l'eun- sylvania regiments and Smallwood's Maryland regiment. under command of Brigadier-General Lord Stirling.

In the mean time the seat of war had been trans- ferred to New York, which city the British gene- ral, Sir William Howe, determined to take, and for the purpose landed over twenty thousand troops on Long I-land. Washington, who, with the main

Jan. 19, 1776.

Jan. 20. 1754.

6th, Ens. Thomas Nixon, Jr

237

DELAWARE DURING THE REVOLUTION.

army, was fortified on New York Island, placed the salt marshe- and across the deep tide-water General Putnam in command of about eight ereek in their sear. The remnant of Sullivan's forces were endcavoring to escape through the morasses and thicket-, and den-e masses were crowding the dans at Freeke's Mill. Many were shet while struggling through the mud and water, and some were drow nedl. thousand men posted in Brooklyn. Gene- rals Sullivan and Sterling were under Put- nam, the Delaware and Maryland troops being in Stirling's brigade. Early on the 27th of Angust, General Putnam notified Genera! Stirling that the enemy were approaching the Gowanus road along Martense Lane, and ordered bim to take three regiments. " advance beyond the line and repulse the enemy." Hastily gathering Haslet's Delaware battalion. Major Mardonough command- ing," Smallwood's Maryland and Atlee's Pennsyl- vania regiments. Stirling advanced upon the left wing of Lord Howe's army, consisting of two brigades, one llighland regiment with several pieces of artillery, and two companies of New York Tories, the whole under the command of General Grant.

About eleven o'clock Howe reinforced Grant with two thousand men, whereupon Stirling or- dered forward his Delaware reserves, when a sharp contest ensued. At the same time another de- taehment of the British pushed forward through a wood from the hills near the Porte road, and encountered the left of the Delaware battalion near what is now Tenth Street and Fourth Avc- nue, Brooklyn. Sullivan's command soon melted away before the fierceness of the British assault, and the contest upon the left of the American line was no longer a battle, but a rout and massacre.3 On all sides the enemy were closing around the feeble band commanded by Stirling, with the in- tention to erush it, as they had done Sullivan's flying army. The situation was terrible, but Stir- ling did not lose his self-possession. Cornwallis had taken possession of the Cortelyou house, in the rear of Stirling, and the latter saw if he could not drive him back, or at least hold him where he was, his whole command would sutter death or capture. He resolved upon a costly sacrifice to save his re- treating columns, which were now toiling through

1 Now forming the southern boundary of Greenwood Cemetery, Brooklyn.

" Colonel Haslet and Lieutenant Colonel Belfort, of the Delaware battalion, and Colonel Smallwood and Lieutenant-Colonel Ware, of the Maryland regiment, dil not participate in the battle of Long Island, as they were ordered by General Washington tusit on the court martial, in New York, for the trial of Li utenant-Colonel Zedtwitz. In tas en- Kagement the Delaware regiment was commanded by Major Mac- donough.

3 A letter from an officer in Frazier's British battalion sty-" The Hessinny and our biave Highlandeis gave no quarter, and it was a fine sight to see with what aleerity they despatched the rebel, with their bayonets, after we had surrounded them so that they could not resist. We took gonal care to tell the Hessius that the rebels had re- solved to give nu quattor to thein in parte ular, winch made them fight with desperation, and put all to death who fell into their hands." - Amer. len „Irchites, ath Sorte. i , p. 12.

Colotal Von Heeritigen, & Hessian oficer in command, Kys . "The English -alders did not give me the quarter, and constantly existe I one met to do the same."-Aday's de .dertig .there's.

Another of high bank in the British army says, in a jetter : " The Americans tone ht manifully, and, to do them justice, could not be bre bets till they were outnumbered, and taken in tank, front and rear.

" We serve greatly shorted at the massacre made by the Hessians and Highlanders, after victory tas kernd d."

General stirling a lected five companies of the Maryland regiment, commanded by Major Mor- derai Gist to hold Cornwallis in check while the ist made good their escape. At the head of this devoted band marched their general, to whom ever victory had now become less important than an honorable death, which might purchase the safe retreat of his army. These brave men "flew at the enemy with unparalleled bravery. Washington, who watched the scene from the lines, wrong his hands, as he exclaimed, 'My God! what brave men must I this day lose !'" When broken., they rallied and charged the enemy again and again, until the Delaware and the rest of the Maryland regiment had made their escape by wad- ing a marshy creek, in which several were drowned.

Stirling. with the remains of the five companies who had sacrificed themselves for the safety of the rest, were taken prisoners. But their courage had checked the pursuit, and the army was saved.

This defeat made it necessary for the Americans to withdraw from Long Island. To General Mifflin, commanding the Pennsylvania battalions of Shee and Magaw and the shattered remnants of Haslet's and Smallwood's battalions, was con- fided the task of covering the retreat. "Torn with the shock of battle, and enteebled by the terrible and exhausting exertions of its struggle, these brave men still kept the post of peril, and on their cour- age and devotion the commander-in-chief depended for covering the retreat." Under pretense of at- tacking the enemy, they remained under arms all night, marching and counter-marching, while their comrades were being safely conveyed across the river. On their courage and devotion depended the fate of the army, and perhaps of the cause of American liberty. As daylight dawned the great task was accomplished, as the last of Washington's army crossed from the beach between Fulton and Main Streets. The enemy did not discover the retreat until the last detachment was half-way across East River and out of reach.

Colonel Haslet, in a letter to Thomas Rodney, dated " Camp at Mount Washington, October 4, 1776," gives a very good report of the part taken by the Delaware regiment in the battle of Long Island. He says :

"On Sunday, the Sith of August last, my regiment was ordered to Long Island in Lor I sterling & bregole, coma sal mostly of the southern trong, by whom we were tuich caresed and Inizlly complimented on our appearance and dexterity in the military exercises ated manettes On Tuesday, the With, his begule, counting of the regiments, and is

238

HISTORY OF DELAWARE.

few of Sullivan's, not exer ting 3000 men, were entered to advance beyond the lines and repu's the enemy. To opper this small band were 17, 00 + regulars, much better furnished with fill james un leser other mihtary appantnicht than we are. Sever did the Prennent- were broken and dispersed at the fuster. if The The lawares del Marstate Ira stood firm to the last, and after a variety of skirmi-long the Jews drew up on the side of a ball and stand upwards of four hours with a firm, determined countenance in class array, their color- dying. the enemy'sartillery playing on them in the while, nost during to advance and attack them, though six times their number and pearls saraand- ing them. Nordid they think of quitting their station till an express order from the General cronmatoled their retreat through a marsh aud over a creek, the only opening but, which they etter tool att god of ber. with the long of one to un crowned in passing. The Delawaresalome land the honour of bunging off _ : personers . .. Twenty seven of the Ihle- wares next morning Were nossing In that number wein la ut. Balty Stewart and Harney, 1 the letter a pri- apr, the other not get koupli f. Major Maclotouch was wounded in the kare ; a ball passed through the fsleeve of his cont withont wonthing his armor huis burly, Lien- tenant Anderson had a ball 1032 mn bis throat ; Lieutenant Corn a ball still in his back : they are jecovered. The standard was torn with shot in Ensign Stephens' bands, who is now in his clement and a fin st excellent otheer. . . . The Pelaaware battahon, officers and mien, are respected throughout the army. '

After this battle the regiment went into camp at King's Bridge, Westchester County, New York. The weekly return of Washington's forces at Har- lem Heights, October 5, 1776, shows present for Colonel Haslet's command a lieutenant-colonel. a major, seven captains, six first lieutenants, five second lieutenants, seven ensign-, the adjutant, the surgeon and his mate, twenty-two sergeants, twelve drummers and fifers, three hundred and eighty-five rank and file fit for duty, six sick present, one- hundred and forty-nine sick absent, twenty-nine in detached service and none in furlough, mak- ing a total of five hundred and sixty-nine.

Haslet shortly returned to camp, and on Oeto- ber 21st, with his regiment and some other details, made a descent upon Rogers' corps of Tories at Mamaroneck, capturing thirty-six prisoners and sixty muskets. He wrote as follows to General Rodney of his victory :

" On Monday night Lord stirling ordered me with 750 men to attack the enemy's outposts ten miles from this place, at the village of Manis- roueck, which was done and their guards forced. We brought in thirty- six prisoners, a pair of colors, sixty stand of arms and a variety of plunder besides. The party we fell in with was Colonel Rogers', the lite worthless major. On the h-t fire he -kulked off in the dark. Ilis lien- tenant and a number of others were left del on the spot Had not our guards deserted us on the best wust he and his whole party must have been taken. On our side three of four were left dead and about filtern wounded ; among the latter is Mayor Green, of the Second Virginia Reg- iment, wounded in the shoulder, and Captain Pope, who Me ted as major and behaved with great bravery, wounded in his leg ; both likely to re- cover. As this was the first effort of the kind and a plan of Ins Lord- ship's, he was so highly pleased with our success that he thanked us pub- licly on the puradr."

On October the 25th the battle of Chatterton's Ilill took place, and again the Delaware men were called into the thick of the fight by the orders of General Washington. Hla-let's report of the reverse of the Americans on this occasion, made to Rodney, bears hard upon the Pennsylvania and New York militia. He wrote :

"I received his Excellency's orders to take possession of the hill (Chatterton's Holl) beyond our lives and the compound of the tilitis res- iments there posted, which wasdone. We had not been many minutes on the ground when the cannenade began, and the second slut woundol

a nutitianan in the though, upon which the whole regiment brown ale fed men diate ly and were not rified withone mitch definis som after General Melongall & brizol took just behind us Some of ar offers expressed much apprehension from the fate of our friends .. Je++++ 4. On my application to the general he opiered us to the right. Militia -till farther to th . right, blutel ustone fmmer.

" The troops being thus disposed, I went up to the top of the hell in front of our troops, accompanied by M gor M. Dannnigh, to ree mit otte the enemy. I planly perosved them tu bing to the White Pletem estedomus and stop in the wheat told commedetalle time. I saw their gegend otherson horseback assemble in council and won their whide body fall about and in our continued column miut h to the huit oggetto nur right. I then added to General M. Dangel azon to wars has position and advised him to order mis regiment farther onward and replace it with Colonel Smillwood & or order the edinte I forward, as there was no dependence to be placed on the nahia. The latter mas- ure was adopted On uty spring the enemy's march to the creek begun in a cadman of their mann lands, and aging the necessity of Women; war field queres immediately forward to hear upon them, the general ordered one and that so pretty agge inted that myself was fine if to use sist in drawzing it along the year of the regiment. While - > employee a cannon ball struck the cattiage and scattered the shot about, as wad of tow blazing in the muddle The utillerymen fed. One alone was pre- vailed ngon to tr al out the Maze and coallert the shot. The few thit returned made not more than two discharges when they retirated with the field-piece At this time the Maryland Battalion was warmly en- pagel and the enemy ascending the hill. The cannonade fron 1: or 15 pere- well served kept np.a continual peal of reiterated thunder. The militia regiment behand the foure fled in confusion without more than a random, scattering fire. Colonel smallwood, in a quarter of an hour afterwards, gave up also. The rest of General Me Dougall's brigade never came up to the serne of action. Part of the first three Delaware companies also retreated in disorder, but not till after several were wounded and killed The left of the segment took post behind a fence on the type of the hill with most of the others, and twice repul-ed the Laght Troops .umnl Horse of the mummy ; but weing ourvives deserted by all hands and the continued column of the enemy advancing, we also re- tired. Covering the retreat of our pitty and forming at the foot of the hill, we marcbed into camp in the rear of the body sent to reinforce us."

The general army return of Nov. 3d, 1776, showed Colonel Ha-let's to have fit for duty 28 commissioned and non-commissioned officers and 273 rank and file; 254 men were sick and 21 were detailed on special duty. Washington was compelled to retreat through New Jersey to the banks of the Delaware, and when Haslet's regi- ment was in camp there on December 22d the whole number present and fit for duty was 15 officers and 92 men. Much of this depletion was due to the fact that a large number of its officers, as well as of the rank and file, had returned home to enlist in a new regiment which was being or- ganized. under a law of Continental Congress, for service during the war, and under conditions offer- ing better pay and regularity of promotion. With less than one-hundred men Haslet took part in the battle of Trenton on Christmas day, 1776, but there are no records of the performance of the command in that affair. Its last service was at the battle of Princeton, January 2, 1777, in which Colonel Ha-let was killed while leading his handful of men gallantly into ac- tion. They were then in Mercer's brigade, which formed the left wing of Washington's army in the proposed movement upon New Bruns- wick. They had reached Stony Brook at sunrise and were marching along the Quaker road when they came upon Mawhood'- British regiment. In the tight that immediately ensued Hu-let was shot through the head. Lieutenant-Colonel Bed- ford was at the time on Washington's statl, and

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.

History of Delaware : 1609-1888, Part 57

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn Publication date: 1888 Publisher: Philadelphia : L. J. Richards Number of Pages: 776

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn
Publication date: 1888
Publisher: Philadelphia : L. J. Richards
Number of Pages: 776