USA > Delaware > History of Delaware : 1609-1888 > Part 77
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Kent County .- Charles Polk, Andrew Green, Hlugh- ett Layton, Penajah Thorp, John M. Clayton, Fhas Nandain, Peter L. Cooper, James B. Macomb, Pres- ley Spruance, Jr., John Raymond.
Sussex County .- Samuel Ratcliffe, Thomas Adams William Dunning, James Fisher, James C. Linch, Edward Dingle, William Nicholls, Joseph Maull, William D. Waples, Henry F. Rodney.
The convention assembled in the hall of the House of Representatives on Tuesday, November 8, 1831, with Judge Willard Hall as temporary chairman. Charles Polk was elected president, and William Brobson secretary. The legislative chamber being found too small to accommodate the convention, the Presbyterian Church was secured, and the subsequent sessions were held in it. The following committees were appointed:
On the Judiciary Department .- Messrs. Read, Rog- ers, Harlan, Handy, Spruance, Cooper, Waples.
On the Executive Department. - Messrs. Hall, Haughey, Naudain, Macomb, Adams.
On the Legislative Department .-- Messrs. Clayton, Green, Seal, Elliot, Hall, Dunning, Nicholls.
On Proper Qualification for Office .- Messrs. Dea- kyne, Caulk, Raymond, Fisher and Linch.
Other committees were appointed on Suffrage. Elec- tors, County Rates and Levies, and the reports of the different committees made from day to day were con- sidered and acted upon. A number of amendments were made; but the most important change was em- bodied in Article IX., which has been the principal subject of agitation ever since, and which developed such importance as to have been made, from time to time, the principal issue in political campaigns. It related to the mode of changing or amending the Constitution. Hon. John M. Clayton was the author of it, and following is the text:
" The General Assembly, whenever two-thirds of each Hunze shall deemi it necessary, may, with the approbation of the governor, propre Amendment« to this constitution, and at least three, aud hot more than mix, months before the next general election of representatives, July publish them in print for the consideration of the people , and, if three- fourths of vach branch of the Legislature shall, alter such an election and before another, intify the sud amendments, they shall be valid to all intents and purposes as parts of this constitution. No convention shall be ralled hat by the authority of the people ; and an unexception- able mode of making their some known, will be for them at a special election on the thai Tuesday in May in any year to sete lo fallet for or against a convention as they shall severally chose to do ; and if thereupon it shall appear that a majority of all the citizens in the state, having the right to vote for representatives, have voted for a convention, the General Assembly shail acordingly, at their next sp -- ion, call a convention, to consist of at least as many member- as there are in both ouses of the Legislature, to be chosen in the same manner, at the
some places. art at the wine tous that representatives are, by the Citizens enabled to vote for representatives, on due notice given for the month, and to meet yathan three soning after they shall be elected The majority of all the elven. in the Stite, having the right to cote For representatives, shall be acceptable I by reference to the highest number of votes car in the State at and one at the three general elections Des. prevenir; the day of voting for & convention, evet when they may be less than the wh de number of votes voted both for and against a commentiup, at which were the sand majority shall be swcertained by reference to the number of votes given on the day of voting for er aparest & convention, and whenever the dencial Assembly glial doen & convention necessary they shall provple by law for the hola:eg of a social election or the parpe -pof ascertaining the sense if the majority of the citizens of the State entitled to vote for reptesrh- tativos.'
George H. Bates, in a speech before the Young Men's Democratic Club of Wilmington, recently (187) referred to this subject in the following terms :
" In the convention of 1832 the manner of calling future convention- WAS introduced by Mr. Clayton as a subject of great infantaner tu the Deeper. He considered tha. there was a vaghebe -- it the old constitution in the article on the surgert of the manner in which the sentiment of the people should be accettamed. Houve, le porgored an article, salee. quently adopted aud nos a part of the present constitution.
" The point of Mr. & layton's remark at this time was that a special. rather than a gegerti, election was the better opportunity for obtaining the sense of the people. When the subject came up for discussion Mi Read approved the provision for a special election, but the requirement of a majority of persons entitled to vote was ascertained by ton testine - trv. a plan. He said very truly "if you wish to devise a plan by which to other convention should be held, it would be in this way.' 'Thtun it off to a bye election, and will it not be the same as to say there Deset ehall ' e a convention at all . I do not believe we shall ever see another convention. I wish, not for my own part, ever to sit in another. But shall we deprive our posterity of this privilege? Are we willing to have our . bildren less free than ourselves ''
" Mr. Dingle agreed that the proposed att ingement would be practi - ably prohibitory. Judge Hall con-idered that special election- were not favorable for exporting the sense of the people. He also objected that the provision was intended to prevent the calling ot a convention with- out an act of Assembly. 'In this manner the wishes of the people might be evaded The people would not have this important measure, the calling of a State convention, within their own control." It was in reply to all these objectors that in closing the debate Mr. Clayton, the author of the proposed article, and its chiet spokesman, used this language :
' ' This amendment does not prevent the people from expressing their opinion in any other way, it ouly declares that we think they are un-x- ceptionable modes.'
" ... The imbereut right of the people so to express their options was enn batically derlared by John M. Clayton, the author of the ninth article ot the cutistitution, in a famous address of which he was also the author ; aud Mr. I'llytou, prior to this time, had given the beat evidence of his opinion on this subject by going to the polls, November 4, Isol, and voting ' lor & convention.'"
The final session of the convention was held on the evening of Friday, December 2, 1831, at which a copy of the Constitution as revised, and a schedule containing provisions of a temporary nature, but necessary for carrying the Constitution into effect, were read by Hon. John M. Clayton, and passed by the convention unaminously, after which an address was delivered by the president, a prayer was of- fered by Rev. Mr. Adams, one of the members, and the convention adjourned. Thus the Consti- tution of 1831 became the organic law of the State without being submitted to the people for ratifica- tion or rejection, and has continued as such ever since.'
1 suleequent toghe adoption of this constitution efforts have been made to amend it by the fictional dosembly as follows.
To change the time of abouttotes proguned, Foldgary to Jefi, thewale lawe, vol. v., p. 22. Eatled in nest waston by a side in the House of 14 to ti, having passed the Senate February to ls45, Delaware laws, vol 1., p. 197.
Same proposed agun January 12 1 19, Delaware laws, vol. x., p. 119. Same proposed again January 24, Isi, Delaware laws, vid. M. P. ". Ratified January 30, 1837, Delaware laws, vol. M., p. 115.
315
FROM THE TREATY OF GHENT TO 1860.
For two or three years immediately preceding 1.il the necessity of a new Constitution was advo- cated, particularly in view of proposed reforms, which was briefly summarized as follows: Abolition of slavery, free suffrage without prepayment of tax, district representation according to population, non- property qualitication for office, reform in judiciary, popular election of public officers, executive veto, annual elections and tax reform, and at the general election of 1850 a number of tickets were voted bear- ing the inscription, " for a convention." The Gen- eral Assembly accordingly passed an act, February 26, 151, providing for the taking of the sense of the people at a special election to be held on October 25, 1351. A majority of votes were cast for a conven- tion, but not a majority of all the legal votes, as pro- vided by Article IX. of the Constitution. It was decided, however, that a "majority " had been cast, and the General Assembly, on February 4, 1852, passed an act providing for the election of delegates, to the proposed Convention, by hundreds, at the gen- eral election held on the first Tuesday in Novem- ber. Delegates were chosen as follows :
New Castle County .- James A. Bayard, Benjamin T. Biggs, Daniel Corbit, Benjamin Gibbs, John R. Latimer, William C. Lodge, George Maxwell, Roth- well Wilson, James Springer, Andrew C. Gray.
Kent County .- Martin W. Bates, John S. Bell, William Collins, Charles H. Heverin, Henry Whit- aker, James R. Lofland, Richard H. Merriken, James II. Smith, Caleb Smithers, William Wilsen- son, Charles Marim.
Sussex County .- John H. Burton, John W. Callo- way, William S. Hall, David Hazzard, Tyras S. Phillips, Nathaniel W. Hickman, Robert B. Hous- ton, Thomas A. Jones, Truston P. McColley, Jesse Long.
The convention assembled at the State-House in Dover on the first Tuesday in December, 1852. After consultation it was decided that the labors of the convention could not be completed before the meet- ing of the Legislature in January, and an adjourn- ment was made until March 10, 1853. On this date the delegates recouvened and organized with Truston P. McColley, president ; Charles Marim, secretary, There were'twenty members present. Hon. Andrew C. Gray, Hon. James R. Lofland and the Hon. David Hazzard were named as a committee to draft rules for the government of the convention, when Mr.
Forbidding lotteries proposed March 2, 1955, Delaware laws, vol. xi., p 310.
Mulching life tenures and twelve years' terms for judiciary February 21, 1>57, Delaware laws, vol. xi., p. 434. Precisely the xune February 6, 1959, Delaware laws, vol. vi., p. this. Probilating lotteries, February 7, Delaware laws, vol. vii , p. 21. Limited general incorporation, April 3, 1-54, Delaware laws, vol. xiv , P 319. Ratified January 25, IST, vol. AV., p. 3. General mocorporation, March 24, 15- 1, Delaware laws, vol wii , p 3. Representation in General Assembly, Much 20, 1x3, Delaware laws,
Wul Avil., p. 4. Judiciary, April 19, 1983, Delaware Lowe, vol xvii., p. T.
Of the above, only two succeeded-changing the general election day to conforin to Presidential elections and providing for general incorpora- tion ai t4,
Gray announced that he could not act on the com- mittee, and he did not expect to be governed by any rules it might adopt. The president thereupon an- nounced that he had a communication from Judge Hazzard tendering his resignation. Mr. Gray pre- sented resolutions attarking the constitutionality of the convention. The convention adjourned to take up the resolutions as a committee of the whole ou the following morning.
The convention re-assembled at ten A.M., March 11th, and took up the resolutions which, were for sev- eral days under discussion, and in the debates which ensued, Mr. Gray, James A. Bayard, Benjamin T. Biggs, John R. Latimer, Martin W. Bates and others participated. The resolutions were defeated, and Messrs. Gray, Latimer, Rothwell and Wilson present- ed a remonstrance and withdrew from the convention. The remonstrance was as follows :
"The undersigned having, after serions and anxious reflection, ar- rived at the conclusion that they cannot consistently with their obligations to support and maintain the Constitution, proceed to alter And amend the same, and that in consequence of the determination of the majority of this hody to act in this matter, it is their duty not to participate in such action, and to withdraw from any further attendance ou its sittings, beg leave briefly and respectfully to state their reasons for the course they have adopted, and to ask that the same may be placed on the record of its proceedmes
"The undersigned believe that the Constitution is the written will of sovereign Power , and that the legislative power acts under and in sub- ordination thereto. The Constitution of Delaware provides the uude and miabber of altering it- will.
"The acts of the General Wembly passed at Dover, at the sittings of 1:51 and 1472 asthe undet-igned fully bebeve, are clearly umunthorized , contrary to the positive requirements made in the Constitution for the purpose of altering aud amending the sune. The sud acts are conse- quently pull and void and the Delegates elected undet their provisions have, therefore, no power to act.
"They further believe that to convention can be legally and consti- tutionally called, for the purpose of amending the Constitution of the State, without the authority of the people ; and that this authority wuust and can only be exercised when a majority of the citizens entitled to vote for Representatives shall vote for a Convention nuder the rule pre- seribed by the Constitution itself.
"The Legislature, in threet and palpable violation of the rule thus pre- scribed, has umlertaken to substitute a rule giving to a minority of the citizens of the State the power and authority which a majority ouly can and only ought to everel ..
"The undersigned, therefore, feel constrained to puisne the course which how to thetn appears right, which is to return to their homes and ar count to their constituetits for their conduct."
An unsuccessful effort was made to have the con- vention adjourned until December. The sessions were continued, however, until April 30th, when, having adopted amendments to the C'onstitution, the convention adjourned finally. In the campaign the following fall the new Constitution, which was to be passed on by the people, was the leading issue. One of the principal grounds for a new Constitution having been the inequality of representation from New Castle County, and the revision not having afforded the relief claimed by the people of that section, Hon. James A. Bayard and other leading Democrats worked against the revision and secured its rejection at the polls. As he left the convention Mr. Bayard voiced the sentiments of his party in these terms :
" I view the question of representation as a question of personal right, ufleeting myself and my constituetas-a night founded on the plainest and clearest principles of justice in a Republican country. As the Constitution now stands, I am aware that I am deprived of it ; but I have the consolation of knowing that I am deprived of it under a pre-existing Constitution, not putde with that intent and therefore 1 may bear with the evil until I can, in some way, get it redressed.
.
316
HISTORY OF DELAWARE
But, were I to vote for the ratification of the Constitution, winch stamps me and my constituents as political slaves-for that is what you make us when you refuse our request-I should consider nivel! do. graded by the art. I will oppose your Constatation ber tas yon deny that equal justice to the projde of New Castle County, which is il they ask ; and if we are not your equals, we shall endeavor to ere what our rights are in some other mode."
The new Constitution was voted on at the October election in 1853 and the result was :
Conntieg.
For.
Against. Tutal.
Maj Ag'st. 34%
New Castle
1:45
1234
2643
121
Sussex
713
-
-
2716
7403 2061
From this time, at irregular intervals, the subject of changing the Constitution has been agitated ; but not until 1532 was there any extended or organized effort made to secure the framing of a new instru- ment. In the campaign of Iss2 the Republican party made it a direct campaign issue. A vessel. about the size of a surf-boat, was built at Wilming- ton, christened " New Constitution." mounted on wheels and hauled about through the State ; meet- ings were advertised, and along the route speakers addressed the voters from the deck of the vessel. The Democratic party, to meet thisquestion, promised, if successful, through the next Legislature, to amend the Constitution, reform the judiciary and give in- creased represention to New Castle County. The election was carried by the Democratic party, and the Hon. Charles C. Stockley was elected Governor. At Lewes a surf-boat named "Old Constitution " was fitted with ma-ta and sails, a blue hen was put in the rigging and numerous mottoo- were painted upon sails and streamers. This was mounted on wheelsand drawn to Georgetown, where it created much enthu- siasm.
Three bills were introduced at the succeeding ses- sion of the General Assembly, providing for a reor- ganization of the judiciary, giving four Representa- tives to Wilmington and four Senators to each county in the General A -- embly, and one act relating to in- corporations. The two former were passed April 19th and March 20th and approved by the Governor, who also recommended their adoption by the next General Assembly. the law requiring a subsequent legislative ratification by a two-thirds vote. However, a canvass of the new General Assembly demonstrating that the necessary votes could not be obtained, the measures were permitted to lapse. This occasioned renewed agitation and the subject was again made a political issue, but was fought altogether as a r form move- ment. All the papers in the State, with two excep- tions, declared in favor of a new convention ; and among those must prominent on the same side were Alfred P. Robinson, of Georgetown, and Hon. George H. Bates, of Wihnington. Out of several bills con- sidered by the General Assembly of Isso and 1857, a measure providing for taking the sen-e of the people at a special election to be held on the first Tuesday in November, 1557, passed both Houses, and was ap- proved by Governor Higg- April 6, 1887. A very ac-
tive campaign insted, in which party lines were ig- nored and pullbest apioments united in securing the convention. As a result, the votes cast were not sufficient to carry the measure and it failed, the vote in detal! being as follows :
NEW CASTLE COINTY
Wdmington. For
Arminyt
!ot Wand -- let District.
4
20 District. . 74
28 Wird- 34 Dutral ..
1
4tr Pisartet.
Bard- 7th Det.
2
4th Ward- >. Distinct. 112
127
5th Ward -- soth fi-triet .. 165
11.4 D.t.»: Wyth District . 114
hth Ward-14th Instrict 185
159
3
inth District
Tth War -- 16th Prurict. 17th District. 305
İSth it-trier .... . 357
1
8th Ward-luth District 90th District.
200
1
"Ist District
9th Ward- 22d lust: i. L 140
: ℃
Weth WarJ-24th District.
27th District
:Ith Ward-Bah District
12th Werd-27th District.
Total city ...
Majority .. 4213
Hundreds :
Brandy wine, East.
75
Brandy wine, West
216
1
Christiana, North. 351
Christiana, West 120
...
Christiana, South ..
401
Wate Clay Clerk, E.ist
114
Pencader
New Castle
Red Lion, East
108
8
I'd Lion, West.
3
St. George's, East
147
12
Mt Senge's, West
257
1.7
Appaquinimiuk
0.4G
Blackbird.
1:0
...
Total, county
For whole county
*[14]
Majority
KENT CHUNTY.
Hundreds :
For
Against
Duck Creek
317
Kenton
Little Creek
East Dover, 1-t District
371
West Dover
North Mmdeikill
Suntla Mandeskill.
31.3
21
Mitford ..
-
Total.
Majority
SI -SEX INI STY.
Hundreds .
For.
Again-t
Cedar Creek
421
4
Bradkiln .....
Broad Cirek ..
1+18
Little d'leh .
Northwest Fork
Sentoal .
Nanticoke ..
369
--- 1 4
Baltimore ..
163
Mill Creek
215
WLite Clas Check, West
256
12
20
Eist Duver, El Prstint.
1 + ::
Mispillion
124
3
UM District 1.32
348
5
3
1
Kent
758
496
1
63
317
FROM THE TREATY OF GHENT TO 1860.
For. Against.
Georgetown
lwwes and Rehoboth .
Imhan River.
41
-
Tutal.
4154
149
Majority
RFCAPIRE LASININ.
New Castle County
23
Kent County
4439
50
Susex County
4154%
149
Tutal State
141.41
43!
Majority
11205
Among the changes introduced by the new State Constitution of 1831 was one providing for biennial sessions of the Legislature to be held in November instead of October, and the appointment of Presiden- tial electors by the people instead of by the Legislature. The National Republican State Convention was the first called to place a ticket in the field for the first election under the new Constitution. It assembled at Dover in August, and the following nominations were made : For Governor, Dr. A. Naudamn ; for Congress. J. J. Milligan ; for electors, George Truitt and Dr. Henry F. Hall, of Sussex, and C. P. Comegy's, of Kent. At the election in November, 1:32, Major Bennett, the Jackson or administration candidate for Governor, was elected by a majority of fifty-seven votes, but Mr. Milligan, the Clay candidate for Con- gress and the Clay electors, were elected, the former by a majority of one hundred and twenty one and the latter by one hundred and seventy-one. The State Senate was composed of seven " National Republi- cans" and two Jackson members, and the House of Representatives of fourteen National Republican- and seven Jackson men. The vote by counties was as follows :
CHI NTIES. GOVERNOR. Bennett. Nauduia.
ELFITORS. CON .. RF ~~ MEN. Milligan. Partes.
1731
1297
1335
1715
1 .: 44
1712
Kent.
1013
11.44
1167 1012
114>
1027
Sussex ..
14:36
1735
1,74
1378
1771
1403
416℃ 4276
$20% 4142
The attitude of South Carolina towards the Federal Government in consequence of the tariff legislation was communicated to Governor Hazzard, who laid the resolution before the Legislature accompanied by a message, which controverted the position of South C'arolina as destructive "of every general law " which would be "henceforth subject to the whim, caprice or local interest of every State in the I'nion." Ile expressed " great satisfaction " at the proclama- tion of President Jackson, and assured the President "that inflexible integrity and undaunted firminess will always meet the support of a free and enlight- ened people." The Governor also expressed his satis- faction " that the manufactures of the United States are rapidly increasing and adapting themselves to the wants, habits and circumstances of society, and be- coming indispensable to the support and maintenance of the people." The Legislature re-elected Arnold Nandain to the United States Senate, and responded to South Carolina by a series of resolutions, -- denying that a " Convention of States " to amend the Consti-
tution, which South Carolina had requested, was the constitutional mode of amending the Constitution, but that Congress only could call a convention to amend the Constitution, and that "it was not expedi- ent for Congress to call a convention for proposing amendments to the Constitution."
Henry Clay, who, with James 3. Bayard, the elder, signed the treaty of pesce at Ghent, which closed the War of 1812, visited Wilmington on several occasions. The first visit of which there is any record was in 1218, during Mr. Clay's Eastern journey. A meeting of his friends of Wilmington was held on the 11th of October, at which Hou. Arnold Naudain presided, and of which Alexander Macbeth was secretary, adopted most complimentary resolutions, expressing the grati- candle which the country owed to him, and testifying their sentiments of respect and admiration, appointed a committee to tender him the respectful and heart- felt salutations and to invite the distinguished Whig leader to partake of a dinner at his convenience. The committee was composed of Arnold Nandain, W. Milligan, Dr. James W Thomson, Thomas M. P. Brobson, James Canby, John Wales, John J. Rodney, Jabez M. Fisher, E. I. Du Pont, Ed- ward W5. Gilpin, Alexander Macbeth, Alexander S. Read, Thomas M. Larkin and Lea Pusey. Mr. Clay replied, returning his acknowledgments of the com- pliment and expressing his sense of gratitude to the people who thus honored him, and promising that on his return from the Eastern excursion he would have the pleasure of presenting his respects in person to his fellow-citizens of Wilmington, but declining a pub- lie dinner as " inconsistent with the rule which I have marked ont for myself." Accordingly on the 27th of November Mr. Clay, on his return, arrived at Wil- mingten, and was received by a large concourse of citizens. He spent the evening and night at the resi- denee of Mr. Milligan, the Representative in Con- gress, and after refreshments proceeded to the resi- dence of Mr. Du Pont, and then to an elegant supper at Smith's Hotel, and the next morning pro- ceeded on to Baltimore. Again in 1836 Mr. Clay visited Wilmington and made a brilliant speech in front of the old Indian Queen Hotel. Ile was the guest of Richard Il. Bayard, who, the same year, had been elected to the United States Senate as a Whig, and then lived in the John Dickinson mansion, on the site of the Wilmington Institute.
Mr. Clay visited John MI. Clayton August 12, 1847. He went to Philadelphia and from there to Cape May, and on August 24th again visited Mr. Clayton at his " Buena Vista " home, where an enthusiastic mil- titude from Wilmington and the surrounding coun- try and from Dover and Smyrna waited upon him. Ile had just entered upon his seventieth year. In a brief speech he said, " If I liveto be as old as Methu- selah, I could not pay the debt of gratitude lowe to the people of Delaware." After the speech the per- ple moved toward him to shake hands and he was soon surrounded by an immense throng. He then
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