USA > Delaware > History of the state of Delaware, Volume I > Part 14
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George Manlove
Gunn'g Bedford, Junr.
On the death of President Thomas Collins, on March 29, 1789, the duties of the Presidency of the State devolved upon Jehu Davis, Speaker of the Assembly, who served until May 30, 1789, when he was succeeded by Joshua Clayton who was duly elected by the Legislature. President Clayton was the last President under the Constitution of 1776, and filled that office until the adoption of the Constitution of 1792.
On September 8, 1791, the General Assembly by resolution called a new Constitutional Convention for the State and pro- vided for the election of its members by the people. The del- egates chosen to the Convention from the three counties were as follows :
NEW CASTLE.
KENT.
SUSSEX.
Thomas Montgomery,
Nicholas Ridgely,
Isaac Cooper,"
Robert Haughey,
James Morris,
Charles Polk,
John Dickinson,
John Clayton,
George Mitchell,
George Monro,
James Sykes,
Isaac Beachamp,
Robert Armstrong,
Robert Holliday,
John Wise Batson, John Collins,
Joseph Tatnall,
Richard Bassett,
Edward Roche,
Thomas White,
Peter Robinson,
Robert Coram,
Benjamin Dill,
William Moore,
William Johnston,
Manlove Emmerson,
Rhoads Shankland,
Kensey Johns,
Henry Molleston,
Daniel Polk.
The convention assembled at Dover on November 29, 1791. John Dickinson was made President and James Booth, Sec- retary. After a session covering a month the draft of a Con- stitution was submitted and ordered printed, and the Conven- tion adjourned until May 29, 1792. During the recess of the Convention James Sykes, a member from Kent county, died, and Andrew Barratt was elected to fill the vacancy. On
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GENERAL HISTORY OF THE STATE.
reconvening Jolin Dickinson resigned as President, owing to ill-health, and Thomas Montgomery was elected to succeed him. The Constitution was not put before the people for ratification, but was adopted by the Convention, and became the second Constitution of the State. The office of Chief Magistrate was changed from President to Governor, who was to be elected by the people for a term of three years. The General Assembly was to be composed of a Senate (instead of The Council) and a House of Representatives (instead of the Assembly), the number of members in each branch continu- ing as under the constitution of 1776.
Under this constitution Dr. Joshua Clayton, who had served as President of Delaware from May 30, 1789, was by an election of the people, chosen the first Governor of Dela- ware. He took his seat in January, 1793, and served the full constitutional term of three years. He was succeeded by Gunning Bedford, who served as Governor from January, 1796, to his death on September 28, 1797. On the death of Governor Bedford, Daniel Rogers, the Speaker of the Senate, succeeded him, continuing in office until January of 1799, when he in turn gave way to Richard Bassett, who had been elected by the people, and who held the office until March of 1801, when he resigned to become Judge of the Court of Ad- miralty. The Speaker of the Senate, Dr. James Sykes, suc- ceeded to the Governorship until January following, 1802. David Hall became Governor in January, 1802, and served the full term of three years; Nathaniel Mitchell succeeded him, serving from 1805 to 1808. George Truitt was the next incumbent, occupying the office from 1808 to 1811. Joseph Haslet succeeded him in 1811 and served a full term. After the adoption of the Federal Constitution in 1787, George Read and Richard Bassett were the first United States Senators chosen from Delaware. The terms of the first Senators were determined by lot, and only a two-year term fell to George Read. At the expiration of that term in 1791 he was re- elected, and served until September, 1793, when at the urgent
3
HENRY LATIMER. 1752-1819.
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solicitation of Governor Clayton he was appointed the first Chief Justice of the Supreme Court of Delaware under the Constitution of 1792. Richard Bassett continued as United States Senator for the term of four years, when he was ap- pointed the first Chief Justice of the Court of Common Pleas under the Constitution of 1792; his successor in the Senate was John Vining. On the resignation of George Read from the Senate, the Governor appointed Kensey Johns as his suc- cessor, but he was refused admission to the Senate on the ground that the Governor had no constitutional right to ap- point after the meeting of the General Assembly, which had failed to fill the vacancy. The office remained vacant until 1795, when Doctor Henry Latimer was elected by the Legis- lature for the unexpired term of George Read.
The first election held after the adoption of the Federal Con- stitution in 1788 resulted in the election of John Vining as the first representative to Congress from Delaware, he continu- ing in office for four years, and was succeeded by James A. Bayard the elder. At the same election Gunning Bedford, George Mitchell and John Baning were chosen presidential electors, and in the Electoral College the three votes of Dela- ware were cast for George Washington for President and John Jay for Vice-President. At the Presidential election in 1792 James Sykes, Gunning Bedford and William H. Wells were chosen Presidential Electors, and their votes were cast for George Washington for President and for John Adams for Vice-President.
Four years later the electors from Delaware cast their votes for John Adams for President and Thomas Pinckney of South Carolina for Vice-President ; it will be recalled that Thomas Jefferson was the Vice-President chosen at that time. After a most bitter and exciting campaign the State election in 1800 resulted in favor of the Federalists, and the electoral vote of Delaware was given to John Adams for President and Charles C. Pinckney for Vice-President. The Democratic candidates were Thomas Jefferson and Aaron Burr, and in the electoral
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college both Jefferson and Burr had 73 votes. By the laws existing at that time each elector voted for two men without designating who he wished to fill the office of President. These votes when counted determined the officers; the candi- date having the greater number of votes being declared the Chief Magistrate. The tie vote between Jefferson and Burr threw the election into the House of Representatives. After the balloting, which continued about a week, the friends of Mr. Jefferson succeeded in electing him, and on the fourth of March, 1801, he was inaugurated President of the United States. In this contest in the House of Representatives, Dela- ware, through its representative James A. Bayard, cast its vote for Aaron Burr. The vote then as to-day in such a case had to be by States; there were sixteen States, nine being neces- sary to a choice. During six days balloting Jefferson carried eight States and Burr six, while Maryland and Vermont were equally divided and therefore powerless. Great fear arose lest the Union would go to pieces, and the Federalists be to blame, and finally enough Federalists from the States of South Caro- lina, Maryland, Vermont and Delaware by preconcert of action did not vote, enabling the Republican members from Vermont and Maryland to cast the votes of those States for Jefferson. In that way Jefferson received the votes of ten States and became President, Aaron Burr being elected Vice- President.
Party feeling at the time ran very high, and in the midst of it James A. Bayard, the representative from Delaware, was charged with other Federalists of standing out in order to prevent an election, and with the ultimate view of vesting the executive authority in some person other than either Jefferson or Burr. Mr. Bayard stoutly denied the charge, and his ex- planation at the time seemed to set the matter at rest. Again in 1830, in a debate in the Senate, the matter was referred to, and reflections made upon the conduct of Mr. Bayard at this juncture. John M. Clayton, who in 1830 represented Dela- ware in the United States Senate, sought to rescue Mr. Bay-
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ard's character from reproach, and the authorities quoted by him in defense of Mr. Bayard were convincing, and really ended the controversy.
Very soon after the adoption of the Federal Constitution two political parties rose, and under various names have con- tinued ever since. During the agitation incident to the adop- tion of the Constitution, those favoring it were styled "Feder- alists" and those opposed "Anti-Federalists." After the adoption of the Constitution a Federalist meant one who favored strong national government and the Anti-Federalists advocated strong state government. The Federalists after- wards became Whigs and later on Republicans. The Anti- Federalists were first called Republicans, then Democratic- Republicans and after that simply Democrats. Delaware was a strong Federalist state for thirty years after the adoption of the Federal Constitution, and in several presidential elections stood almost alone in choosing Federalist electors. The de- cadence of the Federalist party began in 1801 on the election of Jefferson as President.
At the Presidential election in 1805 the electors from Del- aware cast their votes for Charles C. Pinckney for President and Rufus King for Vice-President, they being the candidates of the Federalist Party. The election, however, resulted in the re-election of Thomas Jefferson as President and George Clinton as Vice-President. Again in 1809, the electoral vote of Delaware was cast for Pinckney and King, the nominees of the Federalist Party, but Pinckney and King received only a small minority of the electoral votes, the successful candidates being James Madison for President and George Clinton for Vice-President.
During the latter part of Jefferson's administration the rela- tions of this country with England became considerably strained. England and France were engaged in a desperate struggle. England was jealous of the trade that France had acquired and sought to prevent trade with France, and in turn Napoleon forbade all commerce with England. The United
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GENERAL HISTORY OF THE STATE.
States under the Washington administration had assumed a neutrality with all nations, and as a result this country bid fair to do most of the carrying trade of Europe. Our vessels thus became a prey of both the hostile nations. England claimed the right to stop American vessels on the high seas on the pretext that they were searching for seamen of English birth and with the object in view of pressing them into the British Navy. This action upon the part of England aroused the people of the United States, and feeling, already deep, was greatly intensified when the American frigate "Chesapeake " was fired upon by the British Frigate "Leopard " off the mouth of the Chesapeake in 1807. This act roused such in- dignation that President Jefferson immediately ordered all British vessels of war to quit the waters of the United States. While the country was in this excited condition Jefferson's second term expired and James Madison, who was in sympathy with Jefferson's views, was elected as his successor and became President in 1809.
The Federalists constituted a strong minority in the nation and throughout the Madison administration bitterly opposed his war policy. War was inevitable and it began with the Indian outbreak in the Northwest, led by Tecumseh, the famous Chief. This uprising was only put down after General William Henry Harrison with a strong force repulsed the In- dians, who were routed with great slaughter. This Indian war aroused the people of the West against England and on June 19, 1812 war was formally declared against Great Britian. During the preliminaries that led up to the War of 1812 Del- aware was represented in the United States Senate by James A. Bayard and Outerbridge Horsey, and Delaware's member of the House of Representatives was Henry M. Ridgely.
All three of these gentlemen were Federalists, and as such, politically opposed to President Madison ; and they, with the Federalist party generally, arrayed themselves in opposition to the war with Great Britian. Mr. Bayard was the leader of the Federalist forces in the Senate in opposition to the war,
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GENERAL HISTORY OF THE STATE.
and when the Bill declaring war came up in the House of Representatives Delaware's representative, Henry M. Ridgely, voted in the negative. While the bill passed by a vote of 79 to 49, yet the representatives from twelve of the seventeen states voted against it. While there was much sentiment in this state against the war, when war was actually declared, there seemed to be no difference of opinion as to the necessity of the American people joining with substantial unanimity to prosecute the war. The people of Delaware, true to their patriotic impulses, made quick response to the President's proclamation.
The following extract from the message submitted by Gov- ernor Haslet at that time to the General Assembly expresses in forceful and patriotic terms the general feeling of the popu- lace at the time :
" War has been declared. In whatever light the measures which led to it may be viewed, the feeling of every American must require that it be prosecuted with vigor. Averse to war, we know that an efficient prosecution of that in which we are engaged will be the best security against war hereafter. The crisis has come when we must convince the world that we know how to value our rights, and have means to enforce them; that our long suffering of injuries has proceeded from our love of peace, not from any apprehensions of the event of war; that our friendship is to be desired and our enmity to be deprecated.
" We have been informed by the President of the United States, and have seen in the public documents, that immediately after the war was declared the Presi- dent proposed to the British Government the terms on which its progress might be arrested. These terms required that the orders in council should be repealed as they affected the United States, without a revival of blockade, violating ac- knowledged rules; and that there should be an immediate discharge of American seamen from British ships, and a stop put to impressment from American ships, with an understanding that an exclusion of the seamen of each country from the ships of the other should be improved into a definitive and comprehensive adjust- ment of depending controversies. From these terms the welfare of our country requires that our government should never recede. We can never consent to peace, leaving the commerce a prey to lawless violence, our countrymen in bond- age and our enemy in possession of a claim to enslave them whenever she finds them on the ocean. The reasonableness of these terms, the conciliatory manner in which they were proposed and the manner in which they were received and rejected by the British Government, if there had not already existed abundant evidence on the subject before, are sufficient to convince us that we can hope and expect nothing from the justice or friendship of Great Britian. It only remains
11
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GENERAL HISTORY OF THE STATE.
for us to compel her to grant to our power what we have so often solicited her to yield to our rights.
"A war thus waged for the protection of our property and countrymen, for re- dress of accumulated wrongs and for future security against such wrongs, must have the undivided support of this nation. England openly calculates upon our division. During the Revolutionary War her minister publicly professed the un- generous maxim-' Divide and Govern.' She was mistaken then ; she is mis- taken now. The fundamental principle of our constitution is, the will of the majority shall rule. To suppose a case in which this will, constitutionally ex- pressed, shall not carry the obligation to obey, is to suppose a case which cannot happen. If ever such supposition shall be seriously acted upon, the Union will be dissolved. Nor can I understand the reasoning, which admits to the general government and its several branches certain constitutional powers, but denies to them the right to determine the time and manner of exercising these powers. To deny them such right of determination is to divest them of their authority. It is the most effectual step towards a separation of the States.
" Urged by considerations which this subject presents to me, I must again and earnestly solicit your attention to our militia laws. The propriety of revising those laws and so framing them as to form an efficient militia, has been so often dwelt upon, that I can present it to you in no new light. I can only add, that our nation is now engaged in war; that our enemy abounds in wealth and is powerful in arms. War has long been her trade ; from her we must expect no common struggle. Our situation is exposed to danger. Our safety requires that we should prepare to defend ourselves. Our militia must be our principal de- fence. If we will organize our militia it will be sufficient for us and I deem it of the first importance that the militia shall be efficiently organized. To this pur- pose an energetic militia law is indispensably necessary ; such a law as shall com- mand the personal services of all liable to military duties. The militia law can- not be intended as a means of taxation. It must be so framed as to exclude the probabilities that the duties which it enjoins will be commuted by the fines that it imposes, or little good will result from it."
The State of Delaware, lying as it does upon the Delaware Bay and River, was open to invasion by the British, and the populace appreciating this fact, proceeded at once to defend any invasion. Among those who first offered their services were men who in the revolutionary struggle had figured con- spicuously in the army. As one mode of defence a fleet of privateers was fitted out, and very soon the Delaware River was alive with small craft hailing from Philadelphia and Wilmington, the object being to give battle to any British ships that might appear in the river and if possible disable and capture them. Immediately after the declaration of war
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the following memorial was prepared and signed, and other steps were taken to defend the State :
"We, whose names are hereunto subscribed, citizens of the borough of Wil- mington, and its vicinity, above the age of forty-five years, and by law exempted from requisition to perform military duty, anxious for the welfare of our beloved country, and apprehensive that the crisis may arrive, when the young and active may be called into distant service, do hereby agree to form ourselves into a mili- tary corps, to be devoted solely to the defence of the Borough aforesaid, against invasion ; and in obedience to the constituted authorities, to endeavor to preserve order, promote harmony, and maintain the authority and efficacy of the Laws.
" Of the old Continental Line, Of the old Continental Staff,
Allen M'Lane, Dr. James Tilton,
Peter Jaquett,
Dr. G. Monro,
Edw. Roche,
Dr. E. A. Smith,
David Kirkpatrick, &c., &c., &c."
During the continuance of the war the Revolutionary veterans did not relax their efforts, but rendered throughout the struggle most heroic and valuable service. Colonel Allen McLane, whose patriotism and bravery as a soldier had been commended by George Washington in a private letter ad- dressed to McLane at the close of the Revolutionary War, was placed in command of the defences of the city of Wilmington, and continued in that service during the whole of the war. Doctor James Tilton who had been a Surgeon in the Revolu- tion, was appointed Surgeon-General of the United States armies during this war. Caleb P. Bennett, who had come out of the Revolution as a Major, was placed in command of the troops at New Castle, and by reason of his experience as a soldier in the former war rendered valuable service to his country here.
Delaware furnished promptly its full quota of men and re- sources for the prosecution of the war, and no State con- tributed a larger number of soldiers in proportion to its popu- lation. A Committee of Safety was organized, the members representing the leading citizens of Wilmington ; among its members being James A. Bayard, Outerbridge Horsey, Dr. James Tilton, Caesar A. Rodney, and William P. Brobson.
Fe-
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GENERAL HISTORY OF THE STATE.
A fort was built at " the Rocks" occupying about the site of old Fort Christina, and near the spot where the monument has been recently erected to mark the first landing place of the Swedes. It was called Fort Union, and in its construc- tion the populace took much interest. It is claimed that James A. Bayard with his own hands assisted in building it. The fort commanded the entrance to Christiana Creek, and in the event of an invasion by the British was expected to serve to great advantage.
At that time the United States government had an arsenal situated on Washington Street between Eighth and Ninth, and this was the headquarters for the military companies. Thomas Robinson, who had served in the Revolution, and whose home is still standing near Claymont, was the Major-General of the State militia. Jesse Green, of Sussex County, was Adjutant- General of the State. William Nivin, of Christiana Bridge, was the Brigadier-General of the State militia for New Castle County, Isaac Davis Brigadier-General for Kent County, and Thomas Fisher, Brigadier-General for Sussex County.
Within a month after the declaration of war many volun- teers began to offer themselves to the government in response to the call by Congress for volunteers from the different States. It became evident very soon that Delaware's quota could easily be raised. Beginning in July of 1812 the official reg- ister at Dover shows that the government issued many com- missions to those joining the State militia, and these commis- sions continued for a period of several months; altogether about 8,000 men enlisted from Delaware for service in the War of 1812.
The fact that Delaware Bay had been specially selected by the British for military and naval operations caused great excite- ment and anxiety along the coast, and the people were fre- quently excited by small raiding parties from the British boats, who were intent upon stealing and pillaging. The ap- pearance of the British fleet in front of Lewes caused the most intense fear and anxiety. Fearing that the State might fall
:
Engl by W2- Bacher, Big n.N.Y.
Janv 3. Davis
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GENERAL HISTORY OF THE STATE.
into the hands of the British, the money deposited in the banks at Wilmington and New Castle was sent to Philadel- phia as a matter of precaution.
Steps were immediately taken to defend the town of Lewes. Colonel Samuel B. Davis, at the head of a detachment from the regular army of the United States, was placed in command of the United States forces at Lewes, and several hundred of the State militia was also sent there. A demand from Com- modore Beresford, commanding the British squadron in the mouth of the Delaware, addressed to the Governor, that twenty live bullocks be furnished, and also a quantity of hay for the use of his Brittanic majestie's squadron, was indignantly de- clined by the Governor, even though the Commodore's de- mand was coupled with a threat that a failure to comply meant that the town would be destroyed. The Commodore was politely requested to do his worst. The threatened attack upon Lewes seemed to spread throughout the State with unusual rapidity, and in the course of a few days the whole state was preparing for still further defence. At Dover a pub- lic meeting was quickly assembled, and a similar demonstra- tion was held at Smyrna. When the news reached Wilming- ton suggesting a scarcity of ammunition for defence, a plentiful supply of powder was forwarded from the DuPont mills at Wilmington, and Captain John Warner was sent with his Wilmington troop of horse to assist in the defence of the town.
Commodore Beresford being convinced after several inter- changes of dispatches with Colonel Davis that his demands for supplies would not be complied with began a bombardment of the town. It lasted for two days. It turned out to be less disastrous than was feared. Most of the shot fired by the British fell short of their mark or passed entirely over the town, and it is claimed that many of the balls fired by the British were dug out of the sand by the boys and returned to the enemy from the shore batteries. A few houses in the town were damaged, but no one in the town was killed or wounded. Someone has facetiously suggested that the outcome of the bombardment was that :
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"The Commander and all his men, Shot a dog and killed a hen."
This was the only engagement that really occurred on Del- aware soil during the war. There was continual excitement and for many months the whole populace was in a state of anxiety and uncertainty, fearing an invasion both by land and sea. When the British ships in the Chesapeake landed parties which burned and plundered Frenchtown and Havre-de-Grace it was feared that Wilmington would meet the same fate ; and later when Georgetown and Fredericktown on the Sassafras River were burned the state militia was marshaled for more complete defence. A camp was established at Stanton on the Baltimore road six miles from Wilmington, another encamp- ment was on Shellpot Hill and a third encampment, com- posed of regular troops and state militia combined, was at Oak Hill about four miles west of Wilmington on the Lan- caster turnpike.
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