History of Delaware : 1609-1888, Part 65

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 65


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The General Assembly of Delaware was the first to respond to the " importance of the present


erisis," by passing an act on June 21, 17-3, for raising $22,500 of gold and silver coin, as the quota called for by Congress, by resolution of October, 1782, of the 82,000,000 required for the public service. It was assessed and taxed in the several counties in the following proportions : New Castle County, $8541 8. Ad .; Kent County, 27500 and Sussex County, E6428 11x. 4d.


To Washington, Nicholas Van Dyke, the Gover- nor, on July 2, 1783, reported the following proof of the zeal of his State for establishing the credit of the Union :


" The General A-zembly of this State, in their late g sstons, have fully adopted the views of Congress for establishing the credit of the Union, and rendering justice to creditors, both in the civil and military line, and the State which declines a similar conduct, in my opinion, miist be bhi to the united interest, in which that of the individual States ate inseparably connected.


"Nathing can be plainer than that by a proper union these States are strong and respectalin ; the contrary conditions will render them worse, if possible, than weak and despicable."


Although Delaware and some of the other States complied with the recommendation of Congress. it did not receive the assent of all the States.


On the same day that Delaware complied with the Federal requisition she authorized her delegates in Congress to ratify the alteration of part of the eighth article of the " Confederation and Perpetual Union," which provided " that all charges of war and all other expenses that have been or shall be incurred for the common defense or general wel- fare " shall be defrayed by the United States " out of a common treasury." Another aet was passed at this session "for the auditing and arranging the accounts of this State, and for the more etfeetnal settlement of the same."


Before the dissolution of the army on the Hud- son, General Knox suggested, as a mode of perpet- uating the friend-hips which had been formed, the formation of a society composed of the army. The suggestion met with universal concurrence and the hearty approbation of Washington. In pur- suance of the suggestion of General Knox, a branch of the Society of the Cincinnati was formed in Wilmington. In 1801 the members were Colo- nels Robert Kirkwood, Henry Duff, Allen Me- Lane, Joseph Vanghan, Caleb Bennett, Doctors James Tilton, George Monro, J. Mayo, D. J. Adams, Thomas Kean, J. Moore, J. Hyatt. J. Hosman. C. Kidd, S. M.Williams, J. Driskell, John Jones, R. Gilder, Major Jaquett, and J. Platt. The society continued in Wilmington for over a half-century and then ceased to exist.1


On the 24th of April, 1783, Congress again called upon the States for sunis of money sufficient to make up the deficiency of one-half of $8,000.000 ealled for under the acts of October 13, and Nov- ember 4, 1751, for the purpose of paying the arrears


1 The Patriotic Society was formed in Wilmington, in 1712, by offers and soldiers of the Revolution. In 199 Dr. James Hilton was president, Courge Munro, secretary and Alexander Harvey, treasurer. society had hfty members, and niet in the old Academy.


1


267


FROM THE REVOLUTION TO THE WAR OF 1312-15.


of interest due on the debts of the United States to the end of 1783, and for the public service for 1784. The quota required of Delaware wa- 856.042. she had already made provision for $32,000, and on June 26, 1784, the General Assembly passed an art providing for the remaining $24,042 by taxa- tion in the several counties. Cuder this aci, James Delaplain of New Castle County, John Clayton of Kent, and Levin Derrickson of Suffolk County were appointed collectors. The assessment for New Castle County was £9000: Kent County, £7875 ; and for Sussex County, $6750.


" To prevent vexations prosecutions and suits against such as acted in this state for the defense of the liberties of America." the Legislature passed an act on the 26th of June.


On February 5, 1785, John Stockton of New Castle County, Simon Wilmer Wilson of Kent and Joseph Hall of Sussex County were appointed trustees of the loan offices of their respective counties, under an art " for calling in and destroy- ing such of the bills of eredit emitted by virtue of any law of this State." Under this act the State ealled in all its outstanding bills of credit, whether emitted before or since the Declaration of Independ- enee, with orders for redeeming them at the rate of one pound for seventy-five. After six months they would cease to be redeemable.


To fulfill the obligations of the State to its offi- cers and soldiers for their services during the Revo- lution, the General Assembly, on February 3, 1787, pas-ed " an aet for the support of non-com- missioned officers, private soldiers, warrant officers, marines and seamen, citizens of this State, who, in the course of the late war, had been maimed, or disabled from getting a livelihood."


On June 4, 1785, an act was passed for the " sup- pression of public marts or fairs." The preamble to this act recites that


" Whereas, there are divers fairs hebl at several places in the counties of New Castle and Kent, within this State, some of them by ancient charter or letters patent. granted by the then Proprietariesate I Governors of this State and others umler subsisting lawsof this state," Hui Whereas, It appears to this General Assembly, that the free-holders and innabit- ants of the respective places in which such firs have tern hebt, hy virtue of such charters, letters patent and sub-isting laws as afuresud, have, onder colour aud pretext of such charters, letters patent and sub- sisting laws, held furs for very diferent purposes from there mentioned in such charters, letters patent and subsisting laws, and have misused the franchises and liberty thereby grunted to them, by permitting strangers, as well as many of the inhalatante of this state, to set up all keep booths and stalls at the hubling of the said furs, for the tale of strong liquors and other superfluities ; by reason whereof, Isny napri- dent persons, more especially servants and young people, are tempe-d and induced to purchase those lignots, and to use them to ever -- , and to lay out large sums of money for muy articles that are of no real use or benefit ; quarrela are excited and alamet every species of vice and im- morality is practiced, to the seanal ot religion and the grief and annoy- alice of the virtuous part of the community. And Where to, The int . g;hal purpose and intention of holding Luts hans long since been dotte away by the numerous stores that are kept in every part of the country, and th . realy market there is for all the produce of the Slate, and a re-for table number of the inhabitants of the said countas, and places where stil falls are held, having by their petitions to the General Assendaly, humbly prayed that a law be passed for the repeat of such charters, letters patent ur laws of the state, and for relief in the premises."1


1 Suar the present Philadelphia, Wilmington and Baltimore Railroad


The set repealel all charters for holding fairs and imposed's peralty of ten pounds for all persons holding fals afterwards,


At the same session an act was passed appoint- ing Jamies Delapian af New Castle County, Joseph Taylero? Kont and Nathaniel Mitchell, of Sussex County coffeeiors in their respective counties to roise ten thousand five hundred pounds to pay the interest due to the officers and soldiers of the Delaware regiment, and for defraying other ex- penses of the State.


In 1786 acts were passed for the encouragement of commerce by establishing certain free ports within the State, sad to vest in Congress for fifteen years powers to regulate commerce. About the same time the State incorporated "the presi- dent, directors and company of the Bank of North Amerien," and provided for the appoint- ment of " rangers and regulation of strays."


In September, 1777, the British army, in its march through New Castle County, carried off the scals of the county, and as all the seals in the counties contained arms or devices unsuitable " to our present government as an independent State," the General Assembly, on February 2, 1786, passed "an act for devising and establishing seals " for the officers in the respective counties.


At the same time the General Assembly passed "an act to prevent the exportation of slaves," under heavy penalties. A supplement to this act was passed February 3, 1789.


The matter of the improvement of the navi- gation of the Delaware was a matter of peculiar interest to the inhabitants of Delaware and Pennsylvania at this time, and a movement was set on foot to erect piers at Mareus Hook for the protcetion of vessels during storms. A lot was also purchased at Cape May " with the view of erecting a beacon thereon," but this site was


depot it. Wilmington, in the early daysof the town, there was a beautiful square, a town common, sloping down to the river where the shipping was done and a row of nobile walnut trees stood, with staples driven into their trunks to fi-ten beat' to. It was covered with a carpet of rich grass, and shaded by weeping willows and Lombardy poplar trees. This was the prominent re-ort for old and young, and where the annual fairs, the event of the year, serontd in importance not even to the King's birthday, were held, They are thu- described by Benjamin Ferris .


"At these fairs there was alwaysalarge assemblage, a joyous mingling of looker -- on and performarts. The musical instruments were the violin, bugie, flute, fife, bagpipe atl banjo There was danring, too, and many & sober our took a peep at the swedish luis and losse- dancing hypey - Btw. Fair-days were merry days, and moonlight nichts were ch sen. Almut the year In the country people were supplied with spring and fall goods at these faire, food in the town, and attended by young and old. Samne went to bity, other- for fun and frolic. On a fine day young men came by handreds, with a los along-ide. Their shirt sleeves were nicely phuted and crinted as high as the elbow, above which they were tied with a col read the or ation, called sleeve-trings. Their Conte were tied behind the Battle They were their sold shore for dancing, aml two pairs of sto king -. the theide ones white, and the outer oney Line yain, the top rolled neatly below the beaches know-brand to show the white, and guard them from the dirt of the horses' feet. Buts were not worn at the fine , a than boated and covered with an umbrella the streets. From the mper market down, diy-cous of great variety wore displayurl, med there were plenty of custouters who saved money to quake purchases at the fairs."


268


HISTORY OF DELAWARE.


afterwards declared unsuitable, and a beacon was placed on Crow's shoal.


On February 5, 1787, the State granted to John Fitch " the sole and exclusive right and advantage of making. conducting and employing the steamboat, by him lately invented, tor a


JOHN FITCH'S FIRST STEAMBOAT.


limited time." At the same time the Legislature incorporated all the religious denominations in the State.


In June, 1786, the State invested Congress with the power to levy duties upon all good-, wares and merchandise imported in the Delaware from Europe for a limited time, and to establish a fund for the payment of interest on the publie debt.


Virginia, on the 21st of January, 1786, passed a resolution proposing a convention of commis- sioners from all the States, to take into considera- tion the state of trade, and the expediency of a uniform system of commercial regulations for their common interest and permanent harmony. The commissioners met at Annapolis, Maryland, on September 11, 1756, and continued in session three days. Delaware was represented by George Read, John Dickinson and Richard Bassett.


The convention was organized by the selection of John Dickinson as president. In consequence of only five States being represented, the convention framed a report, to be made to their respective States, and also to be laid before Congress, advis- ing the calling of a general convention of deputies from all the States, to meet in Philadelphia. on the second Monday in May, 1787, for a more extensive revision of the Articles of Confederation.


Immediately upon receipt of the report of the Annapolis convention, the General Assembly of Delaware decided to join with the deputies of the other States " in devising and discussing all such alterations and further provisions as may be necessary to render the Federal Constitution ade- quate to the exigencies of the Union," and for this purpose, on February 3, 1757. passed the following :


" An act appointing Deputies from this State to a convention, proposed to be held in the city of Philadelphia, for the purpose of revising the Federal D'oustitution.


" Whereas, The General assembly of this State are fully convinced of the necessity ol revising the Federal constitution, and alding thereto


auch further provisions as may render the same more adequate to the


already pressed ad do but that canen wwwwith, syge ating and with uz-


Stat. » ; and this state bing wilhinz and 4. 4 msof co-oppiafing with the commonwealth of Virginia, and the other states in the confederation,


"SI rov 1. B & tierefre eneted by the Viens d' Assembly of Inharere, That Grange Road, Canning Bedford, John Di kinson, Richard B-att State to meet in the Convention of Depato s ofother states, to be heblat the city of Podla delphi, on the second dis of May nest. And the sand George Head, Chianang Bedford, John Hebttym, En hand Bassett atal Jacob Brown, Coquites, or any three of them, are hereby constituted and appointed Deputies from this state, with flowers to meet with Thepu- to s as may be appointed and author / 11 the other States to Jest milde in the sand rouv. ution at the city alote-add, and to join with the in iu devisthg, delbetaling of atl dist lesing such alterations and further provisions as may be necessary to render the Federal Constitution ade- quate to the exigencies of the Union ; and in reporting sich det od att to for that purpose to the United states, in Congress assemided, as when agreed to by them, and didy confirmed by the several states, may efec- tually provide for the snur ; so always and provobd that such altera. tions, of further provistos, or any of them, do not extried to that part of the fifth article of the cente letstion of the sarl states, finally ratified on the first day of March, in the year One Thousttel seven Hun bedard Eighty-nie, which declares that was determining questions in the United Sides, in Congress amenable I, euch state should have one vote.


"SECTION 1. Ind be if enacted, That in case any of the said Deputies, hereby nominated, shall happen to the or to resign his or their apjaant- ment the president or Commander-in-Chief, with the advice of the I'rivy Council, in the rows of the General Assembly, 13 hereby author- ized to supply such vacam jes."


The convention assembled in Philadelphia, at Independence Hall, on the 25th of May, 1787, and on motion of Robert Morris, of Pennsylvania, was organized by the -election of George Washington as president. It is foreign to the province of this work to relate circumstantially the proceedings of this convention. It is only necessary to say that its sessions were continued for four months, that its debates were spirited, and the opposition vehe- ment, and that in more than one instance there was danger of a dissolution without the accomplish- mient of the business for which it had assembled.


The whole number of delegates who attended


JOHN FITCH'S SECOND STEAMBOAT.


the convention was fifty-five, of whom thirty-nine signed the Constitution. Of the remaining sixteen, some had left the convention before its close; others refused to give it their sanction. Several of the absentee, were known to be in favor of the Consti- tution.


The convention dissolved on the 17th of Sep- tember, and the draft of a Constitution was imme-


269


FROM THE REVOLUTION TO THE WAR OF 1812-15.


diately transmitted to Congress, with a recom- mendation to that body to submit it to State con- ventions for ratification, which was accordingly done. The Legislature of Delaware met on the 24th of October, and following " the sense and de- sires of great numbers of the people of the State, signified in petitions to their general assembly," " adopted speedy measures to call together a con- vention." It as-embled at Dover, in the first week in December, and ratified the Constitution on the 7th, being the first State to give its approval. As will be seen, the constituent body encountered no difficulty in giving its assent to the Federal Consti- tution, but it was difficult to find language strong enough to express its joy in what had been done.


The official notification of the adoption of the Constitution by Delaware is as follows :1


"We, the deputation of the people of Delaware State, in convention met, having taken into our settous consideration the Federal Constitu- tion, propossed and agreed upon by the Deputies of the Linte i States, m1 a General Convention, held at the city of Philadelphia on the Seven- teenth day of softember, in the year of our Lord 1787, have approved, Assented to, ratified and confirmed, and by these prezenty do, in virtue uf the power and authority to is given for that purpose, fot and in be- half of our constituents, fully, freely anl entirely approve of, assent to, ratify and confirm the sand convention.


"Done in convention at Dover, this seventh day of December, in the year aforesaid and in the year of the Independence of the United States of America, the Twelfth, in testimony whereof we have hereunto sub-


"I, Thomas Coffins, President of the Delaware State. do hereby cer- tify that the above instrument of writing is a true copy of the original ratihention of the Federal constitution by the convention of the Dela. wate State, which original rattheatiub is now in my possession. In tes- timoby whereof I have caused the stal of the Delaware State to be here- unto alli ved.


"THOMAS COLLINS."


The Constitution having been ratified by the requisite number of States, Congress, on the 13th of September, 1758, passed a resolution appoint- ing the first Wednesday of January, 1780, as the time for choosing electors of President, and the first Wednesday of February for the electors to meet in their respective States to vote for President and Vice-President ; and the first Wednesday, the 14th of March, as the time, and New York as the place, to commence proceedings under the new Constitu- tion.


In compliance with this resolution, the General Assembly of Delaware, in June, 1788. passed "an act directing the time, places and manner of hold- ing an election for a Representative of this State in the Congress of the United States ; and for ap- pointing electors, on the part of' this State, for choosing a President and Vice-President of the United States." 2


The first constitutional election for a Representa- tive to Congress and electors for President and Vice-President took place in January, 1788. and resulted in the election of John Vining as the first Representative to Congress, and Gunning Bedford,


George Mitchell and John Baning as Presidential electors. In the electoral college the three votes of Delaware were cast for George Washington for President, and John Jay for Vice-President. Washington took the oath of office and entered upon its duties April 30, 1789. John Adams, elected Vice-l'resident, entered upon his duties in the Senate April 21, 1789, and took the oath of office on June 3d of the same year. Dr. JJoshua Clayton, father of Chief Justice Thomas Clayton, was elected Governor of Delaware in 1789. and served until 1796. George Read and Richard Bassett were the first United States Senators from this State.


Washington left Mount Vernon on the 16th of April, 1789, and his progress to New York was a continued ovation. At Wilmington and every large town and village that he passed through he was saluted with the most joyous acclamations. Deputations met him all along the route and formed escorts and processions. At Wilmington, on his arrival and departure, his carriage was attended by a numerous calvacade of citizens, and he was greeted by ringing of bells and salvos of artillery.3


3 The visit of General Washington on December 16, 1783, soon after the close of the Revolution, was an event of great historic importance. Peace had lately been der Lared, and the And rienn canse had triumphed. All eyes turned to Washington as the liberator of his country, and ing arrival in any town of city in the Umnon was the occasion of a public ovation. Wilmington was the home of a pumber of distinguished patriots who, on the field of battle of in the halls of legislation, hand nobly defended their country's right through seven long years of war, and they rendered this visit memorabile by then enthusiasm towards their illustrious chief. An address suje sed to have been written by Jacob Broom, afterwards one of the filter, of the Constitution of the Umted States, was presented to the distinguished visitor, and he responded as follows.


" To the Burgesses and Common Council of the Dorough of Wilmington :


" GENTLEMEN,-I earnestly wish to convince you of the pleasthe I lake in reciprocating your congratulations ou our glorious sheces, and the attrunment of an honorable peace Although the prospect of our public attans has been sometimes gloomy indeed, yet the well-known htuiness of my country men ail the expect d and of Heaven's .pported me in the trying bour, and have finally realized our most sangathe wishes. In the course of your address you have sulh tently convinced me of your aluhty to excite very phasing emotions ; dol you mlist freituit me t, sry that the genuine approbation of my fellow-citizens is far more satisfactory than the most lavish encomiums wonal be.


** C'oder a deep impression of your gener ms sentiments and wishes I return to a long meditated retirement, And let me assure yen, gentle- nien though I shall no more appear on the great theatre of uction, the weltare of our mutant states can never be midifferent to me.


" GEORGE WASHINGTON.


"Wilmington, December 16, 1783."


General Washington also passed through Wilmington on his way from his home at Mount Vernon to New York, immediately before his first inauguration as Pic-ilent of the Cuited States, in that city, on Aquil 4, 1753. Refering to this visit, Miss Montgomery says :


. I will remember the crowils of people rushing on to the Baltimore Realt . catch a glimpse of lom as he pased with a company. I was at an elevated spot on Poaker Hitil. It wasa das of great rejoicing ; all Was in a top-toe of expectation when Washingt or in lust bariot appeared driving slowly through the crowd With bat in hatel, be bowed to the admiring goude, who responded by waving handkerchiefs and enthu- stetic chert4. Every eye flashed with delight, and joy was imprinted on every brow."


Joseph Tatni was a devoted parrot, and before and after the Battle of Bmatywine. ut Gir fisk of the destinetrib of his null, was day and nicht grinding wheat and corn into four for the Ameri an ariuy. Grn. Washington and other other- stoppe & with low during the encampment of the army near Wilmington, and Fivetol Tatutt', patti dismt was known for and tear. White Press bent of the United States, Philadelphia they bring the capital, Washington frequently passed the ich Willums- bon vni his way to and fruit Montht Vergon, On his fanions tour through the Southern States in 1321, he traveled in an elegant chaise, stopped in


1 The first ten amendments wera adopted by Delaware January : ",


: On October 20, 1590, the Legislature passed an act directing the elec- tion of & Representative in Congress and regulating the elections.


270


HISTORY OF DELAWARE.


Among the most important measures considered by the first Congre-s was the proposition of the government to a-sume the payment of the debts of the States. The question created some contro- versy, but a resolution to assume the State debts was finally carried by a vote of thirty-one to twenty six. Of the debts of the States 821,500,000 were assumed, in specific sunis from each State, regard being had to the amount of indebtednesy of each. A board, consisting of three commis- sioners, was consistituted to settle the accounts between the States and the United States. The amount of the indebtedness of Delaware was $2,000,000, and when the United States assamed a portion of this it relieved the State of a very heavy burden.


In the mean time, in January, 1791, the State made provision for " fitting up and preparing chambers in the new court-house in the town of Dover, for the accommodation and reception of the General Assembly." The Legislature appointed Eleazer McComb, James McClement, John Clay- ton, James Sykes, Jr., and John Patten managers of a lottery to raise one thousand pounds to defray the expense. At this session Geo. Mitchell, Robert Houston, William Moore, John Collins, Nathaniel Young, William Peery, Rhoads Shankland, Wood- man Stockley, Daniel Polk and Thomas Batson were appointed commissioners to purchase for the use of Sussex County one hundred acres of land at a place called James Pettijohn's Old Field, situ- ated in Broadkill Hundred, for the purpose of building a court-house and prison for Sussex County. They were authorized to build the public buildings mentioned, and when approved by John Gordon, John Ralston, Andrew Barratt, Joseph Barker and Peter Lowber, they were authorized to remove the county-seat from Lewes, and sell the old court-house and prison. This aet was com- plied with within the year.




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