USA > Delaware > History of the state of Delaware, Volume I > Part 13
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Tiresome marching followed, for on the 14th day of March they came to Guilford Courthouse after marching one hundred and ninety miles in seven days' time, and never having been more than ten or twelve miles from the Courthouse. On the 15th the British army advanced, upon which Greene drew up his army. After a vanguard skirmish and a sharp cannon- ading, the small arms began. "Colonel Washington's light infantry (the Delaware troops were in this) on the right flank was attacked by three British regiments in which they be- haved with almost incredible bravery, obliging the enemy to retreat in three different attacks, the last of which they pur- sued them up a very steep hill, almost inaccessible, till observ- ing the enemy who lay concealed in ambush rise up and pouring in a heavy fire on them, in which they were obliged to retreat, having suffered very much by the last fire of the enemy."
General Nathaniel Greene, in his report of the battle, speak- ing of the attack of Colonel Webster on our line says : " Here was posted the first regiment of Maryland ;- the enemy rushed in to close fire but so firmly was he received by this body of veterans, supported by Hawes' regiment of Virginia and Kirkwood's company of Delaware, that with equal rapidity he was compelled to retire."
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Henry Lee in his Memoirs, describing this battle, says : "Though the British general fought against two to one, he had greatly the advantage in the quality of his soldiers-Gen- eral Greene's veteran soldiers being only the first regiment of Maryland, the company of Delaware under Kirkwood-to whom none could be superior-and the legion of infantry, al- together making only five hundred rank and file." On April 3, 1781, Seymour says that the Delaware troops had marched two thousand four hundred and fifty-six miles since leaving their quarters at Morristown, New Jersey, April 16, 1780. No wonder they stood in need of new clothing and equipment.
The British had withdrawn to Wilmington, North Carolina, and Greene, finding it impractical to follow, turned toward Camden and encamped near there on April 19, 1781. On the 25th the enemy made a sally out and were on our pickets be- fore being discovered. "The first to discover the enemy was a small picket belonging to the light infantry under Captain Kirkwood. As soon as the sentinels discovered them they fired on them and gave the alarm ; upon which the light in- fantry immediately turned out and engaged them very vigor- ously for some time, but being overpowered by the superiority of their numbers, they retreated about two hundred yards across the main road where the main picket of our army was formed, and falling in with them renewed the fire with so much alacrity and undaunted bravery that they put the enemy to a stand for some time, till, being overpowered by the superior number of the enemy, they were obliged to re- treat, not being able any longer to withstand them, having all this time engaged the main army of the enemy. By this time our main army was drawn up and engaged them with both cannon and small arms." (Seymour.)
The enemy later succeeded in taking them in the flank, and this confusing the Americans they were obliged to retreat off the field. But during this fight Kirkwood's infantry greatly distinguished itself, as is vouched for by Henry Lec in his Memoirs.
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Seymour narrates that " Kirkwood with his light infantry was placed in front to support the pickets and retard the enemy's approach. As soon as the pickets began firing, Kirkwood hastened with his light infantry to their support, and the quick sharp volleys from the woods told how bravely he was bearing up against the weight of the British army. Still he was slowly forced back, disputing the ground foot by foot to the hill on which the Americans were waiting the signal to begin. And soon Kirkwood with his light infantry and Smith with the camp guards and pickets were seen slowly falling back, and pressing close upon them was the British van." 1
Greene in his orders of the day, after the battle, says : "Though the action of yesterday terminated unfavorably to the American arms, the General is happy to assure the troops that it is by no means decisive. The extraordinary exertions of the cavalry, the gallant behavior of the light infantry under Captain Kirkwood, and the firmness of the pickets rendering the advantage expensive to the enemy, highly merit the approbation of the General and the imitation of the rest of the troops."
And Seymour says: "In this action, the light infantry under Captain Robert Kirkwood were returned many thanks by General Greene for their gallant behavior."
Marching, reconnoitering, foraging, occupied their time. Discipline was severe. On May 1st five deserters were shot ; on the 17th five more, and on the 19th three more. On the 22d of May they encamped before Ninety-six, and spent the night and the next day making breastworks before the town, and opened fire on the 24th. The siege lasted until June 18th, when a general attack was made. Lee's legion of in- fantry and Kirkwood's company attacked on the right, and on that day they fully earned the name of "chosen men and true " which Greene gave them. One fort and a redoubt were taken, but British reinforcements coming up, the assault failed and the siege was raised. Greene, in his orders, says : "The
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General takes great pleasure in acknowledging the high opin- ion he has of the gallantry of the troops engaged in the attack of the enemy's redoubts. The judicious and alert behavior of the light infantry of the legion, and of Captain Kirkwood met with deserved success."
Then followed continued hard marching and dogging the enemy, culminating in the battle of Eutaw Springs. Seymour says : " September 8, 1781. This day our army was in motion before daybreak, resolved to fight the enemy before daybreak." Before they were discovered, they were within a mile of the British, who " took shelter in a large brick house and a hollow way in the rear of the house. At this time our men were far spent for lack of water, and our Continental officers suffering much in the action, rendered it advisable for General Greene to draw off his troops-finding our army had withdrawn from the field, made it necessary for us likewise to withdraw. We brought off one of their three pounders, which was with much difficulty performed through a thick woods without the aid of but one horse."
George W. Greene, in his life of General Greene, says: "Kirkwood and Hampton were now at hand, and the men of Delaware pressed forward with the bayonet, while Hampton, collecting the shattered remains of Washington's cavalry, made another trial with them, but the position was too strong to be forced, and though Kirkwood held his ground, Hampton was compelled to retire." General Greene himself in his letter to the President of Congress, in giving a report of this battle, says : "I think myself principally indebted for the victory obtained to the free use of the bayonet made by the Virginians and Marylanders, the infantry of the legion and Captain Kirkwood's light infantry, and though few armies ever exhibited equal bravery with ours in general, yet the conduct and intrepidity of their corps were particularly con- spicuous."
After General Greene's report was submitted to Congress, that body passed a resolution of thanks to him and his army.
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In it is the following : "That the thanks of the United States in Congress assembled be presented to the officers and men of the Maryland and Virginia brigade, and Delaware battalion of Continental troops, for the unparalleled bravery and hero- ism by them displayed in advancing to the enemy through an incessant fire, and charging them with an impetuosity and order that could not be resisted." October 29, 1781.
In November many of our men were taken sick with fever and ague so that they had scarcely enough men left to mount two guards. Nothing of consequence happened until rein- forcements arrived in January, 1782. They continued to keep a close watch on the enemy. Seymour, on the 24th of February, 1782, figures that they had marched five thousand five hundred and three (5503) miles since leaving their quar- ters at Morristown on April 16, 1780. On the 3rd of March they marched to aid General Marion who was reported sur- rounded by the enemy, but before reaching him, the enemy had withdrawn to Charleston.
Seymour's diary, through the spring months, is full of march- ing with little fighting, except an occasional skirmish. On the 11th of May an attempt was made to draw the enemy out from Charleston, even sending challenges and daring them to come out. But finding it in vain they returned to camp. June 15, 1782, General Gist of the Maryland line took com- mand of all the horse and infantry, Colonel Laurens having the command and acting under General Gist.
" The 4th of July being the day for celebrating Independence throughout the United States, our army was drawn up and fired a fudijoy [sic] which was performed with great dexterity from both cannon and small arms, to the great satisfaction of a vast number of spectators."
On the 27th of August, Colonel Laurens, with a detachment of the Delaware regiment, engaged the enemy who were lying in the Cumbee River in schooners and row gallies, but being but forty in number the Americans were compelled to retreat when the British landed three hundred men. Colonel Laurens
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was killed and several men wounded. But the British loss was thirty-five, so they seem to have done their part well.
" The British deserters come in every week and may be averaged at thirty per week, and numbers would come off but are prevented by the Negro Horse as they are constantly patrolling for that purpose."
On November 7, 1782, the Delaware regiment received orders to hold themselves in readiness to march home from the South on the 16th of November. They left headquarters on the Ashley River on the 16th, but were detained until De- cember 5th at Camden, and then marched by way of Salis- bury and Paytonsville to Carter's Ferry on the James River. Leaving there on January 1, 1783 they arrived at Georgetown, Maryland, on January 8, 1783. They marched from there on the 12th, and arrived at Christiana Bridge the 17th day of January, as says Seymour, " after a march of seven hundred and twenty (720) miles since we left our encampment on Ash- ley River, South Carolina, which was performed with very much difficulty, our men being so very weak after a tedious sickness which prevailed among them all last summer and fall."
"They were indeed," says Seymour, "the Spartan band of the army. There was scarcely a victory of the Revolution to the glory of which they did not contribute, nor a defeat that they did not retrieve from gloom and disaster by their stern and measured retreat."
They rendezvoused at Christiana Bridge until October of the same year, 1783, when they were disbanded. Captain Wil- liam McKennan was appointed to settle and adjust the accounts of the regiment with William Winder, of Maryland, auditor or agent of the United States.
Delaware had another regiment which served only three months. On June 21, 1780, the General Assembly of the State of Delaware passed an act to raise a regiment to serve until November 1st of the same year. It was mustered into the service of the United States at Philadelphia on July 10,
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1780, being known as Continental Regiment No. 38, and sometimes as the Second Delaware Regiment. It was sta- tioned in Kent County, Maryland, and was discharged on October 28th of the same year. Apparently it was in no battle. The following is the roll of officers :
Lieutenant-Colonel, Henry Neill. Quartermaster, John West. Surgeon, Robert Wilcox.
Major, James Mitchell.
Adjutant, James Tresham.
CAPTAINS.
Simon Wilmer Wilson.
Hugh McCracken. William Clement.
Charles Nixon.
George Smith. William Moore.
Captain Allen McLane, early in 1777, raised a partisan company of foot, and it served faithfully through the war. Whitely says, without giving authorities : " It was in most if not all the battles in the Northern Department, and in the battle of Yorktown." The only mention we find of it is in Scribner's History of the United States, Vol. III, page 539, where Captain McLane's company of Delaware led the advance guard in the attack on Germantown, October 4, 1777. This advance guard was successful in driving in the outposts to the main army. Anderson's account of this has been given before. On June 1, 1779, in accordance with an act of Congress, an order of Washington and a petition of Captain McLane, the company was annexed to the Delaware regiment, then in Middlebrook, N. J., because its numbers had been reduced through hard service. The original roll of the company is not found, but its roll at the time of annexation to the regi- ment was as follows :
Captain, Allen McLane,
First Lieutenant, A. M. Dunn,
Second Lieutenant, William Jones,
Date of Commission. January 13, 1777. January 13, 1777. January 13, 1777.
The population of Delaware in 1775 was 37,219. Two thou- sand of these were slaves, leaving 35,219 whites. Assuming a numerical equality of sexes, there were 17,610 male whites.
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The percentage of the male population between eighteen and forty-four, by a recent census, was a fraction over one-fifth. By this Delaware should have contributed 3527 men, but as a matter of fact, Judge Whitely computes that it furnished 4728 men, exclusive of the militia and companies raised for home protection.
DELAWARE STATE.
On the 15th of May, 1776, the Continental Congress adopted the following resolution : "That it be recommended to the re- spective Assemblies and Conventions of the United Colonies, where no government sufficient to the exigencies of their affairs have been hitherto established, to adopt such govern- ment as shall in the opinion of the representatives of the peo- ple best conduce to the happiness and safety of their constitu- ents in particular and America in general." Acting upon this resolution the Assembly of the counties of New Castle, Kent and Sussex upon Delaware in July, 1776, requested the people to choose Deputies to meet in convention to ordain and declare the future form of government for this state. The Deputies so chosen met on August 27, 1776 at New Castle, and on the 20th of September following, promulgated the first Constitution of the State, styling it
"The Constitution or System of Government, agreed to and Resolved upon by the Representatives in full Convention of the Delaware State, formerly Styled the Government of the Coun- ties of New Castle, Kent and Sussex, upon Delaware, the said Representatives being Chosen by the Freemen of the said State for that Express Purpose."
George Read presided over this Convention and James Booth acted as Secretary. The members from the three coun- ties were the following :
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GENERAL HISTORY OF THE STATE.
NEW CASTLE.
KENT.
SUSSEX.
Nicholas Van Dyke,
Thomas Collios,
Jacob Mcore,
Richard Cantwell,
Charles Ridgely,
James Rench,
Alexander Porter,
James Sykes,
Isaac Bradley,
John Thompson,
Richard Bassett,
John Wiltbank,
Abraham Robertson,
Jacob Stout,
Isaac Horsey,
Thomas Mckean,
John Cook,
Wm. Polk,
George Read,
Samuel West.,
Joshua Hill,
John Evans,
John Clarke,
Peter Hubbert,
John Lea,
Thomas White,
Phillips Kollock,
John Jones.
Richard Lockwood.
Alexander Laws.
The authorship of this first constitution has been claimed by both George Read and Thomas Mckean. It has been quite conclusively proven that Thomas Mckean was the au- thor, notwithstanding the claim made by George Read's biog- rapher that Read formulated it. After McKean's retirement from public life, in writing of this convention, he claimed that he drafted this constitution in a single night without the aid of any book, sitting alone in a room in a tavern in the town of New Castle. Somebody has facetiously suggested that Thomas Mckean had a bottle of ink, a bottle of something else, a quill and a sand-box, and that those articles were all that were needed to draft the first constitution of Delaware. While this convention was not controlled by the most radical of the patriotic leaders of that day, enough of that element was represented in its membership to influence the convention in upholding the independence of the Colonies. While the con- stitution itself was subjected to rather severe criticism, it was generally acquiesced in and continued as the fundamental law until 1792.
This Constitution provided that the Legislature should be composed of two distinct branches, one to be called the " House of Assembly " and the other " The Council." It pro- vided for the election of a Chief Magistrate who was called President, to be chosen by joint ballot of both Houses for a term of three years. The delegates to Congress were also chosen annually by joint ballot of both Houses of the General Assembly. The President and General Assembly were auth-
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GENERAL HISTORY OF THE STATE.
orized by joint ballot to appoint three Justices of the Supreme Court, one of whom should be Chief Justice, a Judge of Ad- miralty, and four Justices of the Court of Common Pleas and Orphans' Court for each county, one of whom in each court should be styled Chief Justice. The Judges were all appointed during good behavior.
The first Legislature elected under this constitution met at New Castle, October 28, 1776. It provided for a Great Seal for the State, and on November 6th George Read, John Dick- inson and John Evans were elected delegates to Congress, and at the same time a Council of Safety was chosen composed of five members from each of the three counties. On February 12, 1777, John McKinly was chosen first President of the Delaware State by nineteen votes out of the twenty-three cast, and a few days later Nicholas Van Dyke and James Sykes were elected as delegates to Congress in place of John Dickin- son and John Evans who had declined to serve.
On the evening following the battle of Brandywine, Sep- tember 11, 1777, a detachment of British troops from General Howe's army fell upon Wilmington and captured President McKinly. He was taken from his bed at dead of night and put on board a sloop that lay in the Christiana Creek, and was held as a prisoner for more than a year. At that time George Read was Speaker of the Council, and by virtue of that office became President of the State. When he heard of the capture of President McKinly he was in Philadelphia, and the shores of the Delaware River were largely in control of the British forces. In order that he might assume control as Chief Magistrate he came down through New Jersey to Salem and across the river from Salem in a boat.
Landing safely on the Delaware side with his family, he went to Dover and assumed control as Chief Magistrate. He continued to act as President but a short while, when he re- linquished the office, having been elected a delegate to Con- gress, and Thomas Mckean, as Speaker of the Assembly, be- came President, and continued as such until March, 1778,
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GENERAL HISTORY OF THE STATE.
when Caesar Rodney was by the Legislature elected President for a term of three years, receiving twenty votes out of the twenty-four votes cast in the joint convention. On November 6, 1781, the term of Caesar Rodney as President of the State having expired, the Legislature met in joint convention, and by a vote of twenty-five out of twenty-six members present elected as his successor John Dickinson for the legal term of three years. A week later Mr. Dickinson appeared before the Legislature and accepted the position of President in a brief address. He served as President until November 4, 1782, when he turned the administration of the State over to John . Cook, Speaker of the Council, Dickinson having been elected President of the Supreme Executive Council of Pennsylvania. Dickinson formally resigned his office as President of Dela- ware at the legislative session held in January, 1783.
On February 1, 1783, Nicholas Van Dyke was elected Pres- ident by eighteen votes out of thirty in the joint convention. President Van Dyke served until October 27, 1786, when he was succeeded by Thomas Collins, who occupied the office until his death on March 29, 1789. A convention to take into consideration the state of trade and the expediency of a reform system of commercial regulations for the common in- terest and permanent harmony of the States was called by the State of Virginia, and met at Annapolis on September 11, 1786. The representatives from Delaware at this convention were George Read, Richard Bassett and John Dickinson ; the latter served as President of the Convention. But little was accomplished by the Convention owing to the fact that only five of the States were represented, and after continuing in session for three days the Convention framed a report suggest- ing to the respective States the calling of a general convention of Deputies from all the States to meet in Philadelphia in May, 1787, for the purpose of revising the Articles of Confederation.
Acting upon this call the General Assembly of Delaware passed an Act favoring the calling of such a Convention and appointing as delegates thereto George Read, Gunning Bed-
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GENERAL HISTORY OF THE STATE.
ford, John Dickinson, Richard Bassett and Jacob Broom. The Convention assembled in Independence Hall, Philadelphia, on the 25th of May, 1787, and organized by the selection of George Washington as President. It remained in session until the 17th of September, and by it was formulated the Constitution of the United States. The delegates from Dela- ware took an active part in the proceedings of the Convention, and it was largely through their efforts that the interests of the smaller States were guarded.
The whole number of delegates in attendance was fifty-five, of whom thirty-nine signed the Constitution. The draft of the Constitution adopted was immediately transmitted to Con- gress with a recommendation to that body to submit it to state conventions for ratification. This was accordingly done. The Legislature of Delaware took prompt measures for the calling of a Convention to act upon the Constitution, and on the 7th of December, 1787, the State Convention called for that pur- pose gave its approval, and by formal action ratified the Con- stitution, thus making Delaware the first State in the Federal Union. The following paper shows the action taken by the Delaware State Convention and also the names of the Deputies composing that Convention :
"WE, THE DEPUTIES OF THE PEOPLE OF THE DELAWARE STATE, in Convention met, having taken into our serious consideration the FEDERAL CONSTITUTION proposed and agreed upon by the Deputies of the United States in a General Convention held at the City of Philadelphia on the Seventeenth day of September in the Year of our Lord One thousand seven hun- dred and eighty-seven, HAVE approved, assented to, ratified, and confirmed, and by these Presents, DO, in virtue of the Power and Authority to us given for that purpose, for and in behalf of ourselves and our Constituents, fully, freely and entirely approve of, assent to, ratify, and confirm the said Constitution.
Done in Convention at Dover this seventh day of December in the Year afore- said, and in the Year of the Independence of the United States of America the twelfth. IN TESTIMONY whereof We have hereunto Subscribed our Names:
SUSSEX COUNTY.
John Ingram John Jones Will Moore
KENT COUNTY.
Nicholas Ridgely Richª Smith George Truitt
NEW CASTLE COUNTY.
Jas. Latimer, President James Black Jno. James
The the Properties of the "People of the Delaware & State in Convention met having taken into in serious vousderation the federal Constitution proposed and agood your by the Tapation of the United Har in a Gener" C'nonson held at the City of Philadelphia on the content day of September in the Year jana out In howand when humbert . .. spisy wore Meter approved afended a atifet and confirmed and by these "Sumer To one voice of the " Bones and Musturity " o " we for those juntos for and in behalf Conversatie anderes Condiments pily firely, and entirely approve of frent to verify and confirm" the word from thelion .
Done in Convention at Der this soonthe day of December in the four afriend , sind in the Year of the body.
He Gramy.
1.ST there.
Brac Holland
George Mentre'
FACSIMILE OF RESOLUTION AND SIGNATURES WHEREBY DELAWARE BECAME THE FIRST STATE IN THE UNION.
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GENERAL HISTORY OF THE STATE.
William Hall
Richard Bassett
Gunning Bedford, Senr.
Thomas Laws
James Sykes
Kensey Johns
Isaac Cooper
A. M. Zane
Thos. Wattson
Woodman Stockley
Danl. Cummins, Senr.
Solomon Maxwell
John Laws
Jos. Barker
Nicholas Way
Thomas Evans
Edw. White
Thomas Duff
Isreal Holland
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