USA > Delaware > History of the state of Delaware, Volume I > Part 16
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In passing through Brandywine village, Lafayette inquired for Joseph Tatnall, in whose house he had been hospitably entertained about the time of the battle of Brandwine, and he requested the procession to halt for a few minutes that he might pay his respects to the occupants of the house. The master of the house, at that time, was Edward Tatnall, Sr., who appeared at the front door with his son William in his arms, and the latter presented the General with a basket of Washington pears.
He inquired particularly for Anne Tatnall, daughter of Joseph Tatnall, whom he had remembered as a charming little girl in Revolutionary times. The little girl was repre- sented on this occasion by her oldest daughter, Mrs. Merritt Canby, the grandmother of William M. Canby and Anna Tat- nall Canby, who assisted in decorating the bridge over the Brandywine, and scattered flowers in the roadway as a mark of respect to the distinguished visitor.
Another daughter was Hetty A. Bellah who at that time was a pupil at the Hilles School, and her uncle, Edward Tat- nall requested that his neice be excused from school, in order that she might meet her mother's friend, but the fear that it might interfere with the discipline of the school led Friend
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Hilles to refuse the request, to the life-long regret of his youthi- ful pupil, who by the refusal missed both the procession and the opportunity of seeing the great Lafayette.
The General expressed himself as much pleased to visit Wilmington after an interval of forty-two years. Tlie streets contained many arches and there were evidences on every hand of the effort that had been made to render homage to the distinguished French soldier and patriot. After an ad- dress of welcome by the Chief Burgess, James Brobson, and other speech-making, followed by a banquet, the General paid a friendly visit to Mrs. Rebecca R. S. Connell who resided at that time at " Tusculum," now the residence of Dr. Read J. Mckay. In the afternoon, the General and his suite pro- ceeded to New Castle, where he attended the wedding of Charles I. duPont and Miss Dorcas Montgomery Van Dyke, daughter of Hon. Nicholas Van Dyke. The wedding festivi- ties being over, he was escorted to the Maryland State line, where he was met by the Maryland officials, going by way of Frenchtown to Baltimore.
Early in the following year, General Lafayette on complet- ing his tour through the United States spent a few days as the guest of the duPonts and at that time visited the battlefield of Brandywine. While being entertained by the duPonts he wrote the following sentiment in an album belonging to Miss E. duPont : " After having seen, nearly half a century ago, the banks of the Brandywine a scene of bloody fighting, I am happy now to find upon them the seat of industry, beauty and mutual friendship." Ten years later, in 1834, on the death of General Lafayette at his home in France, the citizens of Wilmington showed honor to his memory by a solemn funeral procession which passed through the principal streets headed by the Governor of the State and the Mayor of the City. The exercises closed with an impressive funeral discourse delivered by Rev. Isaac Pardee in the Hanover Presbyterian Church.
At first electors for President and Vice-President were chosen by the Legislatures of the various States. This mode
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of choosing electors did not prove to be popular, and met with much disfavor in Delaware. In 1824 a feeling exhibited itself in the Legislature of Delaware against a continuance of the law but a resolution in favor of its change was laid on the table. Of the three electors chosen by the Legislature in that year only one received a majority of all the votes cast, but a certificate of appointment was duly made out in favor of the three, notwithstanding the protest that came from their politi- cal opponents in the Legislature.
The Federalist and Democratic parties kept up their State political organizations until 1825, and Delaware was the only State in the Union where this had been done. In that year the Democratic party carried New Castle and Kent Counties and was thereby enabled to control the Legislature. The political contest in 1826 proved unusually exciting. By the death of Nicholas Van Dyke and the expiration of Thomas Clayton's term the Legislature was confronted with two sena- torial vacancies. Charles Polk, Federalist, was elected Gov- ernor by less than 100 majority. Louis McLane, Federalist, was elected to Congress by a majority of 330 over Dr. Arnold Naudain. The Federalists also captured the Legislature. Daniel Rodney, who had been appointed Senator by the Gov- ernor to fill the unexpired term of Nicholas Van Dyke, was unable to secure an election by the Legislature and Henry M. Ridgely was elected to the place. Louis McLane was elected Senator to succeed Thomas Clayton. Mr. McLane had been elected, the October previous, a member of Congress and his promotion to the Senate made it necessary to call a special election to fill the vacancy. At this election, which took place in September, 1827, Kensey Johns was elected in his place, his opponent being James A. Bayard the younger.
At the session of the Legislature in 1828 the House of Re- presentatives was unable to elect a Speaker, and after balloting for five days the House dissolved informally and did not meet again. In October, 1828 Kensey Johns was again elected to Congress over his old opponent. The electoral vote of the
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State was cast that year in favor of John Quincy Adams for President, the electoral vote of the country standing 19 for Adams and 11 for Jackson. Mr. Ridgely's term expiring in the Senate, John M. Clayton was, by the Legislature that year, elected United States Senator for a full term.
The new law providing for the election of presidential electors by the people went into effect about this time. The passage of the Tariff Act in 1824 affected, to a considerable extent, the manufactories which had been established on the Brandywine. Senator McLane in conjunction with other friends of President Jackson asserted themselves in favor of a protective tariff, and proved to be strong friends of the woollen manufacturers. Louis McLane's attitude on public questions endeared him to the President, and about a year after he took his seat in the United States Senate, he was appointed by President Jackson minister to England. He served in that capacity for two years when he was recalled to become Secre- tary of the Treasury, from which office he was transferred in 1833 to be Secretary of State. The latter office he held for about a year when he resigned.
In 1829, immediately following Mr. McLane's appointment as Minister to England, the citizens of Wilmington compli- mented him by a public dinner in which his political friends paid him handsome tribute. This occasion called together the leading political elements of the State and the speeches made in response to the toasts on the occasion very fully dis- cussed the political problems of that day.
The election in October, 1829 was carried by what was known as the American Republican party. David Hazzard, of Sussex County, was elected Governor by a small majority. The death of Nicholas Ridgely, Chancellor of the State, left a vacancy in that office and John J. Milligan was appointed to the place. Mr. Milligan declined the appointment, and it was then offered to Kensey Johns, Senior, who accepted it and served as Chancellor until 1832. He then resigned owing to advanced age and infirmities, and his son Kensey Johns,
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Junior, succeeded him. In 1830 John J. Milligan, who was the candidate on the anti-Jackson ticket, was elected to Con- gress over Henry M. Ridgely. He succeeded Kensey Johns, Jr., who had declined a re-election. The dominant party in the State at that time pronounced itself in favor of the nomina- tion of Henry Clay for President. At the session of the Legis- lature in the winter succeeding, a resolution was offered ap- proving the course of General Jackson as President. This resolution was summarily disposed of, and a counter resolu- tion offered and adopted emphatically endorsing and eulogiz- ing Henry Clay.
The Constitution of the State adopted in 1792 had given general satisfaction ; but as the years advanced, sentiment grew in favor of a change in the judiciary system of the State. To make such a change a new constitution was necessary. As early as 1820 the subject of calling another Constitutional Convention occupied the public mind, and the General Assem- bly of 1830 passed an Act providing that at the fall election of that year a vote should be taken for and against the calling of a Convention, and at the election held in October, 1831 delegates to a State Constitutional Convention were chosen as follows :
New Castle County-John Elliot, James Rogers, Charles H. Haughey, Willard Hall, John Harlan, Thomas Deakyne, William Seal, Thomas W. Handy, George Read, Jr., and John Caulk.
Kent County-Charles Polk, Andrew Green, Hughett Layton, Benajah Tharp, John M. Clayton, Elias Naudain, Peter L. Cooper, James B. Macomb, Presley Spruance, Jr., and John Raymond.
Sussex County-Samuel Ratcliffe, Thomas Adams, William Dunning, James Fisher, James C. Lynch, Edward Dingle, William Nicholas, Joseph Maull, William D. Waples, Henry F. Rodney.
The Convention met in the House of Representatives at Dover on Tuesday, November 8, 1831. Owing to lack of accommodations in the State House, the Presbyterian Church at Dover was secured and the sessions of the Convention were afterwards held in it. Charles Polk was elected President of
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the Convention and William P. Brobson Secretary. The Con- stitution formulated by this Convention was ordained on the 2d day of December, 1831, and became the third Constitution of Delaware.
By this instrument the judicial power was vested in a Court of Error and Appeals, a Superior Court, a Court of Chancery and Orphan's Court, a Court of Oyer and Terminer, a Court of General Sessions of the Peace and Jail Delivery, a Register's Court, Justices of the Peace and such other courts as the Gen- eral Assembly with the concurrence of two-thirds of all the members of both Houses should from time to time establish. It provided for five judges, one to be known as the Chancellor, one as Chief Justice and three as Associate Judges. The Supreme Court and Court of Common Pleas which existed under the Constitution of 1792 were abolished and the Super- ior Court substituted therefor, with the jurisdiction formerly vested in those courts. To constitute this court four judges were provided, of whom one was called Chief Justice who could reside in any part of the State and sit in all the counties ; the other three were called Associate Judges, one of whom should reside in each county and no Associate could sit in the county in which he resided.
By this constitution the term of Governor was changed from three to four years. The other changes made in the con- stitution were unimportant.
The leading man in this Convention was John M. Clayton. He was then the acknowledged leader of his party and a large majority of the members of the Convention were in thorough accord with him. Mr. Clayton has always been credited with being the author of the provision of the constitution adopted by this convention which made it almost impossible for a new convention to be called whereby the fundamental law of the State could be revised or altered. It has been ofttimes said that he made use of the expression "that the door had been locked and the key thrown down the well," and such in reality turned out to be the case, for the constitution adopted in 1831
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continued to be the fundamental law of the State from that time until the year 1897, a period of sixty-six years. The convention of 1831 adjourned on December 2d of that year on which day the constitution formulated by it, with the schedule attached thereto, were read by Mr. Clayton and passed by the convention unanimously. The Constitution of 1831 was not submitted to the people for ratification or rejec- tion, neither were the constitutions adopted in 1792 or 1776.
The Constitution of 1831 provided for biennial sessions of the Legislature to be held in January and for the appointment of Presidential Electors by the people instead of by tlie Legis- lature. The first election under the new constitution of 1831 was held in the autumn of 1832. Dr. Arnold Naudain was the candidate of the National Republicans for Governor and James J. Milligan the candidate of the same party for Con- gress. Major Caleb P. Bennett was Dr. Naudain's competitor, being the Jackson candidate for Governor, and Mr. Bennett was elected Governor after an animated contest by a majority of only 57. Mr. Milligan was elected to Congress and the presidential electors chosen were in favor of Henry Clay for President. The National Republicans, or Clay men, controlled the Legislature and re-elected Arnold Naudain to the United States Senate. He was a very enthusiastic friend of Henry Clay.
The latter was always popular in Delaware and on at least three occasions visited the State. His first visit was made in 1813, the second in 1836 and the third in 1847. On all of these occasions he was treated with the greatest hospitality and expressed himself as most appreciative of the favor that had been shown him by his political friends in Delaware. Always a warm personal friend of John M. Clayton, it was but natural that on his last visit to the State in 1847 he should become a guest of Mr. Clayton at Buena Vista at which place a reception was held in his honor which drew a large concourse of the leading men of that time.
During the administration of President Andrew Jackson
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political feeling ran very high and Delaware did not escape the excitement. The political parties in the State were closely matched and frequently the elections showed that candidates of both parties had been chosen. In 1834 John J. Milligan was renominated as the Whig candidate for Congress and was elected by 155 majority over James A. Bayard the Jackson candidate. The Legislature chosen at that election had a de- cided Whig majority. John M. Clayton by a public letter announced his unwillingness to be a candidate for re-election to the United States Senate, but notwithstanding his attempt to decline, the Legislature re-elected him for the term begin- ning March 4, 1835. After serving for nine months he re- signed the Senatorship in January, 1836, and Thomas Clay- ton, who was then Chief Justice of the State, was appointed to fill the vacancy.
The latter at first declined the office but was subsequently induced to accept and he continued in the Senate for ten years. Arnold Naudain who had been in the United States Senate since 1830 resigned because of his differences with the admin- istration, and Richard H. Bayard was elected June 17, 1836 to fill the vacancy. In 1838 the Democrats succeeded in cap- turing the election. Jolin J. Milligan, who had been for eight years the member of Congress from Delaware, was again the candidate of his party but was beaten by Thomas Robinson, Jr., the Democratic candidate by a majority of only 23. Botlı branches of the Legislature were controlled by the adminis- tration party.
Caleb P. Bennett, who became Governor in January, 1833, died during his incumbency of office on April 9, 1836, and was succeeded by Charles Polk, Speaker of the Senate, who served until January, 1837. At the election in 1836 Cor- nelius P. Comegys, the Whig candidate, was elected Governor and served for the full term from January, 1837. John M. Clayton, after serving for two years, resigned the office of Chief Justice, and Richard H. Bayard was appointed in his stead. In 1840 the Democratic party nominated Warren
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Jefferson for Governor and Thomas Robinson, Jr., was renom- inated for Representative to Congress, their opponents on the Whig ticket were William B. Cooper for Governor and George B. Rodney for Congress. The election resulted in favor of the Whigs by a large majority and the Legislature which met in the January following elected Thomas Clayton and Richard H. Bayard to represent the State in the United States Senate. At this time the State was entirely free from debt and had a surplus in the State treasury of nearly $20,000.00. The popu- lation of the State by the census of 1840 was 78,167.
At the election in 1842 George B. Rodney was renominated by the Whigs for Congress and re-elected over William Hemp- hill Jones by a majority of only nine. The Legislature chosen that year contained a majority of Whigs. Governor Cooper's message submitted to the Legislature of 1843 congratulated the State upon its handsome financial condition, and he pointed with pride to the fact that all demands upon the treas- ury had been promptly met and that notwithstanding the depression and embarrassment of the times the State had a half million dollars of surplus assets.
In 1844 the Whig candidate for Governor was Thomas Stockton, his Democratic opponent was William Tharp. Stockton was elected by a majority of 46. John W. Houston, the Whig candidate, was elected to Congress. The legislature was also carried by the Whigs, and in January following, John M. Clayton was re-elected to the United States Senate in place of Richard H. Bayard. The Legislature of 1845 passed resolutions against the annexation of Texas. These resolu- tions were presented to the United States Senate by Senator Clayton. In 1846 William Tharp was again the Democratic candidate for Governor, and this time succeeded in being elected over Peter F. Causey, his Whig opponent. John W. Houston the Whig candidate was re-elected to Congress, and the Whigs had a majority in the Legislature, whereby they were able to elect Presley Spruance United States Senator in place of Thomas Clayton.
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On January 25, 1845, just previous to James K. Polk's ac- cession to the presidency, Texas was annexed to the Union. This was done after much discussion had been had in Coll- gress. For fifteen years preceding large numbers of Ameri- cans had been emigrating to Texas, and in 1836 Texas under the leadership of Sam Houston had declared its independence of Mexico. A little later Houston gained a complete victory over Santa Anna the Mexican president. The Texans were almost a unit in their desire to be annexed to the United States. The election of James K. Polk as President furthered the annexation scheme, and under the leadership of Calhoun and John Tyler the dominant wing of the Democratic party advocated in a strong way the annexation of Texas. Henry Clay with almost the entire Whig party back of him opposed this programme, but in the end Calhoun and Tyler won.
The Mexican War, growing out of the dispute over the boundary line between Texas and Mexico began in the spring of 1846 and continued for about two years. It established the Rio Grande as the boundary between the two countries, and New Mexico and the territory including what is now Arizona and also California, was ceded to the United States for a consideration of fifteen million dollars. As a conse- quence of the Mexican War the United States gained nearly 600 square miles of territory.
Under date of May 10, 1846, the President called for volun- teers to prosecute the war against Mexico. Three hundred and ninety was the number required from Delaware. The United States revenue cutter " Forward " commanded by Cap- tain Henry B. Nones was at that time lying in the harbor of Wilmington. The commander and men had shipped princi- pally in this State. Two months later the Forward proceeded to the Gulf of Mexico and at once began participation in the naval war on the Mexican coast. Captain Nones was com- mended for his gallantry and efficiency by Commodore Perry who was in command. A year later the Forward returned to Wilmington and her commander was warmly welcomed by his friends and old acquaintances.
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. A recruiting office was established in Wilmington, and after the enlistment of several men from this city, and a company being formed, they were ordered to join the Eleventh Regi- ment of the U. S. Infantry then in Philadelphia. Captain George W. Chaytor enlisted a military Company in Wilming- ton composed largely of Delaware men. This Company also joined the Eleventh Regiment of Infantry and participated in all of the engagements from Vera Cruz to the City of Mexico under the triumphal command of General Winfield Scott. Captain Chaytor early in the war was obliged to retire on sick leave. Lieutenant Joseph S. Hedges who succeeded him as Captain of the Company also became sick and returned home disabled toward the end of the war.
The Delaware soldiers returning from the war were ac- corded an enthusiastic welcome in the summer of 1848. The Mayor of the City, Alexander Porter, acted as chairman of the Reception Committee. A speech of welcome on behalf of the citizens was made by Hon. John Wales. The full ranks had been sadly depleted, and those who returned were few in numbers as compared with those who had marched away so gallantly nearly two years before. Columbus P. Evans, who served as second Lieutenant in Captain Chaytor's Company, was afterwards elected Mayor of the City of Wilmington.
On April 12, 1847, a public meeting was held in the City Hall at Wilmington at which congratulatory resolutions were adopted in recognition of the brilliant victories of General Taylor at Buena Vista and General Scott at Vera Cruz. A few days later the City celebrated these victories in a grand demonstration at which one hundred guns were fired at the corner of Fourth and Washington Streets with a parade of the local military organizations later in the day. At night the streets were brilliantly illuminated.
Delaware did her full part in the Mexican War. Many Delawareans rendered distinguished services both in the Army and Navy of the United States. In addition to Captain Henry B. Nones, who commanded the "Forward," his son
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Jefferson H. Nones served as a lieutenant of artillery in the war. Lieutenant Robert C. Rogers, who represented the old Delaware family of Rogers, served throughout the war and received an appointment as Lieutenant for his bravery. The State Legislature afterwards voted him a sword costing one hundred dollars in recognition of his gallantry at the storm- ing of Chapultepec, and the same mark of favor was shown to Captain Columbus P. Evans by the Legislature. David H. Porter, a native of New Castle County, served as lieutenant in the American Navy, and after the war was given a cap- taincy in the Mexican service. He was afterwards killed in an engagement between his vessel and two war vessels of Spain. The majority of the people in Delaware became reconciled to the war after it was declared, but John M. Clay- ton, as their spokesman in the United States Senate, voiced the general sentiment of the people of the state against a declaration of war.
Thomas Stockton, who became Governor in January, 1845, only lived a year and two months after taking the oath of office. On his death the duties of the Governorship were assumed by Joseph Maull, Speaker of the Senate, who served for a period of only six weeks, when he died, and William Temple, Speaker of the House of Representatives, succeeded him and served as Governor until January, 1847. At the session of the Legislature in 1847 a bill was introduced by Henry Swayne, a member of the House from New Castle County, providing for the abolition of slavery in this state, but it failed by one vote in passing the State Senate. The Legislature at the same session passed a resolution offered by Mr. Swayne, committing the state against the introduction of slavery into the territories.
In the summer of 1847 James K. Polk, President of the United States, made a brief visit to Wilmington accompanied by his Attorney-Gencral, Nathan Clifford. He was hand- somely received by his political friends, an address of welcome was made by Samuel B. Davis, and after being sumptuously
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dined, he was accompanied by a committee consisting of a dozen of the leading citizens of Wilmington to Philadelphia, the party going by steamer " Washington." The newspapers of that day made note of the fact that the railroad car upon which the President rode from Baltimore to Wilmington had been made by Bush & Lobdell, a Wilmington firm, and it is spoken of as being an "elegant car," 48 feet long, with seat- ing capacity for 46 persons.
The national campaign of 1848 opened early in that year. The record made by Zachary Taylor as Commander-in-Chief in the Mexican War had attracted the attention of the coun- try, and with the general inclination towards hero-worship that has always inarked the American people, there arose a decided sentiment throughout the country in favor of the nomination of General Taylor for the Presidency. John M. Clayton announced himself in favor of Taylor, which had a great influence in creating a sentiment in this state for Taylor. At the Whig National Convention held in Philadelphia Zachary Taylor was nominated for President and Millard Fillmore for Vice-President. At that convention John M. Clayton received one vote for President. The Democratic standard bearer in that year was Lewis Cass.
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