History of Delaware : 1609-1888, Part 66

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

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In 1791 an expedition against certain tribes of Western Indians was decided upon under the com- mand of General St, Clair. The troops assembled in the vicinity of Fort Washington (now Cinein- nati) early in September, and on the 14th of November, after penetrating to a tributary of the Wabash, fifteen miles south of the Miami villages, and almost a hundred from Fort Washington, they were fiercely attacked by a large number of Indians. For two hours and a half the Indians, concealed in the woods, slaughtered the troops from every point, when they fled in disorder, leaving their artillery, baggage, etc., in the hands of the

savages. The entire loss was estimated at six hundred and seventy-even killed, including thirty women, and the hundred and seventy-one wounded. Captain Kirkwood, who commanded the Delaware line in the Southern Department during the Revolution, and several other Delawareans were killed.

On January 29, 1791, the State ceded to the United States the light-house in Sussex County, scar the entrance to Delaware Bay, the public piers opposite to Reeden Island, near the town OF Port Pent, in New Castle County, together with all the landls and appurtenances thereto belonging.

In February, 1792, an art was passed for the better relief of the poor in the various counties, ond Samuel Hollingsworth, James Cooper and David Thomas were appointed additional trustees for New Castle County.

The State Constitution of 1776 contained a clause reciting that " no other part of this Con- stitution shall be altered, changed or diminished, without the consent of five parts in seven of the Assembly and seven members of the Legislative Council." On September 8, 1791, the General Assembly, by resolution, ealled a new constitu- tional convention and provided for the election of its members by the people. The election resulted in the selection of the following delegates to the convention :

Thomas Montgomery, John Dickinson, Robert Armstrong, Edward Roche, Williams Johnson, Robert Hanghey, George Monro, Robert Carom, Ken-ey John-, Nicholas Ridgely, John & layton, Thonats White, Maniovg Emerson, James Morris, Richard Dissett, Benjamin Dill, Henry Mulleston, Andrew Buratt. Isaac Comper, George Mitchell, John W. Batson, Rhoads Shankland, Isaac Beanchamp, Daniel Polk, James Bouth.

The convention assembled at Dover, on Tuesday, November 29, 1791, and elected John Dickinson, president ; James Booth, secretary ; Charles Nixon, assistant secretary. The convention deliberated until December 31st, when the draft of a Consti- tution was submitted, and ordered printed. The convention then communicated the results of its labors to the General Assembly, and adjourned to Tuesday, May 29, 1792.1

On reassembling after recess, President Diekin- son resigned, owing to ill health, and Thomas Montgomery was elected to succeed him. The convention adjourned finally on June 12, 1792.

The new Constitution was never put before the

front of Joseph Tatnall's house, entered the yard and krockat at the door. Mrs. Tatnull answered the call, atl upon ro eenizing her dis- tingushed guest asked him into the house. Mi. lanul franz in the mill, the President preferred calling on him there. After a friendly greeting and a view of the large auil, the two gentlemen refaired to the house, By this time a largo crowd of men and toys had been at- tracted by Geuer.dl Washington's presente, and they watched bis move- meuts with evident miterest.

WOn December 22 1791, Warner Mithin presented a paper asking the convention to abolish slavery, and to exempt persons from muhtary duty who were opposed to war from religomis principles.

During the recess of the convention James Sykes, of Kent County, died, and Andrew Hariatt was elected to all the vacancy.

On May Rtha delegation of Friends pn -ented an address to the conven-

privilegeof freedom from military dary where & avance interfered and that sinvery be abolished. It was signed in behalf of the meeting of the representatives of Friends in New Jersey, Pensylvania and Delete, and eastern parts of Mary lan I and Vizima, hell in Philadelphia, Fitth Month, 2'd day, 1895, James Pemberton, check. The convention adopted a resolution that they would consider the address ; but refused, on June 12th, to put in a provision respecting slavery.

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FROM THE REVOLUTION TO THE WAR OF 1812-15.

people for ratification, but was adopted by the to fill the vacaney. His term of service expired State. It vested the legislative power of the State in a Senate and House of Representatives, having the same number of members as provided by the Constitution of 1776.

The supreme executive powers of the State were vested in a Governor, who was to continue in office for three years. The Governor was. to be coni- mander-in-chief of the army and navy of the State, and of the militia, except when called into the service of the United States. He also held the nppointing power for all offices established by the Constitution or by law, except those whose appoint- ments were otherwise provided for.

In the case of the death of the Governor it was provided that the Speaker of the Senate should exercise the office of Governor, and upon the death or resignation of the Speaker of the Senate the Speaker of the House of Representatives should exercise the office until a Governor was elected.

The judicial powers of the State were vested in a Court of Chancery, a Supreme Court and Courts of Oyer and Terminer and General Gaol Delivery, in a Court of Common Pleas and in an Orphans' Conrt, Register's Court and Court of Quarter Sessions of the Peace for each county, and in justices of the peace.

Article VII. provided for " the High Court of ernor of the State. Ile died at New Castle,

Errors and Appeals " to consist of the chancellor and judges of the Supreme Court and Court of Common Pleas, over which court the chancellor should preside.

Article X. provided that the people may call a convention to make er amend the Constitution by a majority vote of the people, qualified to vote for representatives ; the Legislature, at the next session thereafter, to call a convention. The Constitution of 1792 continued in force until 1831. when it was amended as it at present exists.

The Presidential election which occurred in 1792 resulted in the choice of James Sykes, Gunning Bedford and William II. Wells for Presidential electors. They east their votes for George Wash- ington for President, who was unanimously elected. John Adams also was re-elected Vice-President, having received the three votes of Delaware, and seventy-seven in all.

Hon. George Read, as has been stated, began his services in the United States Senate on March 4, 1789, and his term of service expired March 3, 1791. He was continued March 4, 1791, and resigned in September, 1793, to accept the office of the chief justice of Delaware, to which he was appointed by Governor Clayton. William Killen was appointed chancellor at the same time. Kon-ey Johns was appointed United States Senator on March 19, 1794, to succeed Mr. Read, resigned, and at the ensuing session of the Legislature, on February 7, 1795, Henry Latimer was elected

on March 3, 1797, when he was re-elected and continued to serve until he resigned, February 28. 1801, when Samuel White was appointed by the Governor to fill the vacancy. The Legislature elected John Vining to succeed Mr. Bassett, whose term of service in the United States Senate ex- pired March 3, 1793. Mr. Vining's term of service began March 4, 1793. He resigned in 1798, and on January 19th, Joshua Clayton was appointed to succeed him. Mr. Clayton died in August, 1798, and on January 17, 1799, William Hill Wells was elected to fill the vacancy. He resigned in 1804, and on November 13th, James A. Bayard was elected by the Legislature to till the vacancy. He served in the United States Senate until 1813, when he resigned, and on May 28th, William H. Wells was elected in Mr. Bayard's place.

In 1796 a change took place in the Federal administration. Thomas Robinson, Isaac Cooper and Richard Bassett were chosen electors, and in the electoral college cast their votes for John Adams for President, and Thomas Pinckney, of South Carolina, for Vice-President. Mr. Adams and Jefferson' were chosen President and Vice- President, and Gunning Bedford was elected Gov-

September 30, 1797, and was sueeceded by Rich- ard Bassett.

In February, 1795, John Wise Barton, Thomas Laws, Isaac Cooper, Nathaniel Mitehell and John Collins were appointed managers of a lottery to raise three thousand five hundred dollars for the purpose of reimbursing the subscribers for the erection of the court-house and jail in Sussex county. The State also paid Thomas MeKean £173 6% Ild., being a balance due him for publie services rendered to Delaware as a delegate in Congress.

The Legislature, on the 9th of February, 1796, incorporated the Bank of Delaware, with a capital stock of 8500,000, being the first institution of the kind in the State. The bank was to be in Wil- mington, and the charter limited its operations to fifteen years.

The first aet for the establishment of public schools was also passed by the Legislature of 1796. By the provisions of the law, all money paid into the treasury for marriage and treasury licenses from 1796 to 1806, was to be appropriated as a fund under the direction of the Legislature for establish- ing schools in the State. The State treasurer for the time being. was constituted trustee of the

I The Delaware Wal hman announced the arrived in Wilmington, on Tuesday evening, May 12, 1737, of " Thathas Jefferson, Vue-President of the Cunited States. He lett the host motming for the seat of govetn -_ ment." John Ai uus was then the national Paurative, and Pullelphia the capital. Mr. Jefferson was the guest of Patrick ('Fhun, who kept a public inu southeast corner of Market and Third Streete.

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HISTORY OF DELAWARE.

fund, and was authorized toreceive gifts, donations, doctrine of nullification. Neither the Virginia bequests, ete. for the purpose ofestablishing schools, resolutions, though accompanied by an addres in support of them, written by Mr. Madison, nor those of Kentucky met with a favorable response in any other State. By the Legislatures of Dda- ware, New York and the New England States they were expressly disapproved. The official answer of Delaware to the Virginia resolutions was as follows : and the publie faith was pledged for its application. When the money in the treasury arising from marriage or tavern licenses, gifts and bequests amounted to sufficient to enable the treasurer to purchase a share in either the Banks of Delaware, the United States, of Pennsylvania, or of North America, he should apply the money committed to his hands for this purpose. The school fund "In the House of Representatives, Feby 1, 179. was to be applied to the establishment of schools " Resolved, By the Senate and House of Representatives of the state of Delaware, in Graprat Assembly met, that they consider the tes Auttunis fimit tler State of Virginia as a very umjustifiable interference with the General Government and constituted authouties of the United states, atel of dangerous tendency, and therefore not fit subject for the further consideration of the General A-wintdy in the several hundreds, or districts of the respec- tive counties, " for the purpose of instructing the children of the inhabitants thereof in the Eng- lish language, arithmetic and such other branches " ISAAC DAVIS, Spriker of the Senate. "STEPHEN LEWIS, Speaker of the house of rep's "Test, JOHN FISHER, C. S. JOHN CALDWELL, C. II R ', of knowledge as are most useful and necessary in completing a good English education." It was further directed that the fund should not be applied "to the erecting or supporting any academy, college or university in this State." By the act of January 24, 1797, the trustee was directed to sell the stock heretofore purchased, and to subscribe for bank shares reserved for the State. It was also enacted that the money ari-ing from marriage and tavern licenses should first be applied to the payment of the salaries of the chancellor and judges, and the remainder of the fund was to be appropriated for the establishment of schools. The money applied to the payment of salaries was to be replaced by sales of vacant lands in the State and money arising from arrearage taxes At the session of 1797, Jacob Broom was authorized to raise by way of lottery the sum of four thou- sand dollars, to enable him to erect and re-estab). lish his cotton factory near Wilmington, which was destroyed by fire. At the same session James Booth, George Read, Jr., Nicholas Van Dyke, Archibald Alexander and John Crow were ap- pointed commissioners to establish the boundaries of the town of New Castle, and lay out, open, rey- ulate and name the streets, lanes and alleys within the town.

The yellow fever broke out in Philadelphia in August, 1797, and soon ravaged the city. It caused a general exodus of its inhabitants, and many merchants transferred their business to Wil- mington. In August sixteen Philadelphia tirms who had opened their stores in Wilmington an- nounced that they were prepared to sell their goods and merchandise. The epidemie continued until about the Ist of November, the number of deaths from the disease being 1292.

The " Alien and Sedition Laws" passed by Congress in 1795 created the greatest excitement throughout the United States, and contributed more, probably, than any other cause, to the over- throw of the Federal party in 180). These laws gave birth to the celebrated Virginia and Keu- tucky resolutions of 1798 and 1799, and to the

As the Presidential election was to take place in the fall of 1800, the political writers of the day vented their spleen against the different candidates The Federalists presented the names of President Adams and Charles Cotesworth Pinckney, and the Democrats (or Republicans, as they were then called ) nominated Thomas Jefferson and Colonel Aaron Burr. The contest was carried on with a vigor and bitterness hardly surpassed, if equaled, in any political campaign since. Messrs. Kensey Johns, Nathaniel Mitchell and Samuel White, Federalists, were chosen electors for President and Vice-President and they east their ballots for the Federalist nominees, Adams and Pinckney. In the electoral college, Thomas Jefferson and Aaron Burr, the Republican candidates, had each re- ceived 73 votes. The two Federal candidates had received, John Adams. 65, and Charles C. Pinck- ney, 64-one vote having been given to John Jay. The votes for Jefferson and Burr being equal, the House of Representatives, voting by States, had to determine the election, a erisis which produced un- usual excitement. There being now sixteen States : in the Union, the vote of nine States was necessary to a choice, which, after a tedious balloting, was at length obtained by Mr. Jefferson. The balloting began on the 11th of February, 1801, and con- tinued about a week, Jefferson receiving the votes of eight States-New York, New Jersey, Penn- sylvania, Virginia, North Carolina, Georgia, Ken- tucky and Tennessee. Burr received the votes of six States -New Hampshire, Massachusetts, Rhode Island, Connecticut, Delaware and South Caro- lina. Vermont and Maryland were equally di- vided. Hlad all the Federal members voted for Burr, he would have had a plurality of the States. The division of Maryland was caused by one of the Federal representatives voting for Jefferson in

1 AARON ButER, when Vice-President of the United States, during the administration of 'Thomas Jefferson, was a sojourner at Captun larrick O Flynn s tavern, then called the Happy Rettest, the s athe ist ce ft t Third and MarketStreets, Wilmington. Hearrived January 1, kadand left three days later in his private chate drawn by two klich houses, en roub to Washm gon, which had been made the capital of the L'uited States three years prior to this time

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FROM THE REVOLUTION TO THE WAR OF (812-15.

conformity with the wishes of his constituents; and the single member from Georgia, a Federalist ( his colleague having dial), did the same; as did also one of the North Carolina members; but for which this State would have been divided, which would have given Burr eight States, Jefferson six, and leaving Vermont and North Carolina without a vote. By the absence of Morris, of Vermont, a Federalist, and by Craik and Baer, of Maryland, also Federalists, casting blank ballot-, the thirty- sixth ballot gave Jefferson ten States.

It was this election which led to the change in the mode of electing president and vice-president, by the adoption of the twelfth article of amend- ments.

Connected with the history of this election are certain statements which involve the honor and veracity of certain distinguished gentlemen. The design was charged upon the Federalists of stand- ing out and preventing an election, and of pa -- ing an act to vest the executive authority in some high officer of the government. Mr. Jefferson, in a letter of the 15th of February, wrote to Mr. Monroe as follows :

" Fom days of balloting have produced not a single change of a vote. Yrt it is confidently Inteved that to-morrow there is to be a coalition. I know of no foundation for this behet. If they could have been feruntied to passa lan for putting the g wernitent inta the hands of un officer, they would certainly have prevented an election, But we thought it best to declare openly and nrity, one and all, that the day such an act pa-seil, the unddie states will arm, and that ho such nsur- jestion, even for a single dav, should be submitted to. This first shook them ; nud they were completely alarmed at the resource for which wo declared, to wit, a convention to reargunze the government and to ametel it The very wont contention gives them the horrors. as, in the present democratical spont of America, they fear they should low some of the favorite models of the institution. Many attempt- have been moute to obtain terms and pronuses from me. I have drelated to them unequivocally that I would not receive the government on capitula- tion ; that I would not go tutu it with my hands tied."

Among the persons implicated in this charge, was James A. Bayard, of Delaware, afterward senator in Congress. and one of the commissioners who negotiated the treaty of peace with Great Britain in 1814. Mr. Bayard, who is uni- versally conceded to have maintained through life a character unblemished and above suspicion, in exculpation of himself, made a deposition, April 3, 1806, of which the following are extracts :

" Meses, Baer and traik, members of the house of representatives from Maryland, and General Morris, a member of the house from Ver- mont, and myself, having the power to determine the vutes of the states, from similarity of views and opinions, during the pendray ut the elec- tion, made an agreement to vote together. We foresaw that & crisis was approaching which might probably force us to separate in our votre from the party with whom we usually acted. We were determined to make a president, and the period of Mr. Adattis' danndistration was rapidly approaching.

"Indetermining to rreede from the opposition to Mr. Jefferson, it occurred to us, that, probably, instead of heinz obliged to surrender at discretion, we might obtain terms of capitulation. The gentlemen white 147-4 1 have mentioned authorized me to de late their concurrence with me upon the best terms that could be procured. The voter feather of us was anthe rent to decide the choter. With a view to the end men- tioned, I applied to Mr. John Nicholls, a member of the hunter from Virginia, who was a pattu m'as friend of Mr. Jelle rett, I stated to Mr. Nicholas that if certain points of the future adunnistration omtbl be uber-toud and armneed with Mr. Jefferson, I was authorized to say that the states would withdraw from an ogquestion to his elation. Ile askel me what those points were: I answered, lust, sir, the support of the pufdie credit ; secondly, the maintenance of the naval system ;

and feetly, that sul ordinato puede at, was emplay. I only in the users-

thepre and a timer politica! . b .farter, noe y phout @ tanjaint a gunst their combat 1 ex: lastis muss 't, that ! considered at net ady resterest .. bet necessary, the os wal high des roches and confidence should be filled by ton of Mr. JeSuisop's lager D'avoirphd, by mentioning, on the wild hand, Soft case for suretop of the st. to finally, for- eight minister, dr .; and be the other, colletors of ports, dr. Mr.

that he was sali-til tiet they correo tuled with the view-and inten- trong in 21r. Jefferson, an : he knew hun well That he was acquainted with Bars; of the gentlemen who would podably be shout him and eu- joy his , atder " a casa bir den ume proveden, and that if I would be atistini with ha a-suriner, he cond solaugly declare it as his opinion that Mir. Jeff ren, he ber wie instructions, would not depart from the points I proposed I replied as Sir Nicholas, that I had but the least doubt of the sm erity of his do maranon, and that his opinion was ju r- Fectly correct but that i wanted and ratings an ut, and that if the points cont. i in an, form be understood as corded to Mr. Jethrom, the elec- trong should boende 1, and porqueel to hun in consult Mr. Jefferson. Thay họ b nord and said Lo conb! du na more than give me the assur- auce of bes con opinion w to the sentiments of and designs of Mr. Jefferson and his friends. I tobl him that was not sufficient, that we should not surrender without letter truths. Upon this the separated ; and ] shortly atte. met with General auth, for whom I unfolded my- self in the same manner that I had sione to Mr. Nicholas. In explain- ing myy If to huta in relation to the nature of the offices alluded ta, 1 mentionand the others of George laumer, collector of the port of Plula delphii ., and Allen Melaine, rolle ter of Wilmington. General Smith gas are the same a -- france as to the observance by Mr. Jefferson of the puoits which I ang stateu, which Mr. Nicholas hal done. I told Lin I should not be satisfied, mar agreed to yield till I had the assur- auce of Mr Jefferson himself; but that if he would consult Mr. Jetter- soti, and bring the assurance from hun, the election should be ended . The gruerai made ho diffiunity in consniting Mr. Jeffer-on, and pro- posed giving me his attawir the next morning. The next day, upon our meeting, General South informed me that he had seen Mr. Jettetsun, and stated to him the points mentioned, and was authorized by him to say that they correspond with his views and intentions, and that we might confide in hir: accordingly. The opposition of Vermont, Mary- land and Delaware was immediately withdrawn, and Mr. Jefferson was Diule president by the votesof ten states."

In the " great debate " in the Senate, January, 1-30, Mr. Hayne brought into the Senate the fourth volume of Jetlerson's " Memoirs " for the purpose of reference. Certain other Senators called the attention of Mr. Clayton, of Delaware to the fol- lowing passage which they had discovered in the volume .

" February the 12th, Ix01 .- Edward Livingston tells me that Bayard applied to-day, or last night, to dien. Samuel South, and represented to him the experienry of coming over to the states who vote for Barr ; that there was nothing in the way of appointment which he nught nuit command, and particularly mentioned the secretary -hip of the navy. Smith asked him if he was anthorized to make the offer. le sud he w .- authorized. smith told this to Livingston, and to W. C. No holts, who cunfirms it to me," &c.

Messrs. Livingston and Smith being at this time (1830) both members of the Senate, Mr. Clayton, in order to rescue the character of his deceased predecessor from unjust reproach, called upon the Senators from Louisiana and Maryland to disprove the above statement, both of whont declared that they had no recollection of such a transaction. In addition to this testimony, the sons of the late Mr. Bayard published a letter from George Baer, one of the Federal members from Maryland, in 1801, addressed to Richard II. Bayard, under date of April 19, 1830, in which Mr. Baer said :

" Previous to and pending the election, rumors were industry mely cirenlate , and letters written to thiferent parts of the country, char stig the federalisty with the dessen to present the election of a president. and to n-ntp the legislative power I was priss to all the arrange ments mais, and attended all the meetings of the federal party when consult- ing on the conise to be pur-nel in relation to the election, and I pledge my itost solemn naseveration that no such nu asure was for a moment

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HISTORY OF DELAWARE.

contemplated by that party ; that no such proposition was ever made ; add that if it had ever been, it would not only have beru discouraged, but instantly put down by those puntimen who pro-and the power, and were pledged to each other to elect a president before the close of the session.

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History of Delaware : 1609-1888, Part 66

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