USA > Delaware > History of the state of Delaware, Volume I > Part 21
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33
238
GENERAL HISTORY OF THE STATE.
While this action may have been the wisest that could be devised at the time, it was extremely unpopular, especially in Kent county, and threw somewhat of a cloud over the con- vention from its start. The convention as organized, was composed of fourteen Republicans and sixteen Democrats, but it can be said that the gathering was as nearly non- partisan as such a body could be, and in very few instances did it divide on party lines. The members seemingly rid themselves of strong partisan feeling and applied them- selves diligently to the formulation of a constitution that should be fair and just, and free from political rancor or prejudice.
The convention met in the State House in Dover on Tues- day, December 1, 1896, in the room now occupied by the State Senate. John Biggs of New Castle county was elected President, and Charles R. Jones of Sussex was elected Secre- tary. A week later the standing committees were appointed and the real work of the convention began. William C. Spruance was made chairman of the committee on the Judici- ary, and by reason of his marked intellectuality and com- manding legal ability was early recognized as the leader of the convention. Edward G. Bradford, as chairman of the committee on securing the purity of the ballot and as a mem- ber of the committees on the Legislature and Judiciary rend- ered most valuable service, and many of the most important changes made in the organic law were suggested and cham- pioned by him.
Charles F. Richards of Sussex, Dr. Ezekiel W. Cooper and Wilson T. Cavender of Kent, and Charles B. Evans, J. Wilkins Cooch and Martin B. Burris of New Castle County were active in the convention and by their painstaking attention to the work in hand made an impress upon the body.
The entire proceedings of the convention were dignified, and a general feeling of conservatism pervaded the member- ship. The work of the convention was well done. The task before it was not an easy one for it must be remembered that
239
GENERAL HISTORY OF THE STATE.
the constitution then in force had been substantially un- changed for over sixty years, and grave questions presented themselves in fitting a constitution to a people who not only had quadrupled in population, but who in the rapid growth and progress that marked the latter half of the nineteenth century, had been transformed from a strictly agricultural community to a diversified State, with interests many and various.
Radical changes were made in the legislative branch of the state government. The new constitution provided that tlie House of Representatives should be composed of thirty-five members, one to be chosen every two years by the qualified voters in each of thirty-five districts whose boundaries were duly prescribed. New Castle County was divided into fifteen districts, Kent into ten districts and Sussex into ten districts. Of the New Castle districts, five were laid out within the city of Wilmington. The State was also divided into seventeen Senatorial districts, from each of which a Senator was to be chosen, seven in New Castle County, five in Kent and five in Sussex, two of the Senators to be chosen from the City of Wilmington. One half of the Senate to be elected every two years. Both Senators and Representatives to receive a compen- sation of five dollars per diem for each day of the regular session, not exceeding sixty days, and the same sum for a special or extra session not exceeding thirty days.
The presiding officer of each body to receive a per-diem of six dollars. Lotteries, the sale of lottery tickets, pool-selling and all other forms of gambling are prohibited. The Gen- eral Assembly was expressly debarred from granting divorces, a practice that had grown into a grave evil, and all laws as to fences, estrays, ditches, school boundaries, and roads to be general laws and not by special enactment of the General Assembly. A special section prohibiting bribery of officials was inserted.
The supreme executive powers of the state are vested in a Governor who is elected by the people for a term of four years
240
GENERAL HISTORY OF THE STATE.
from the third Tuesday of January next ensuing his election, and is not eligible for a third term. He is empowered to fill vacancies in elective offices until the next general election, but where the salary, fees and emoluments of office exceed the sum of five hundred dollars annually, the appointee must be confirmed by a majority of all the members of the Senate. The general power of removal from office is lodged in the Governor, upon the address of two-thirds of all the members elected to each House of the General Assembly. Every bill passed by both Houses must be approved by the Governor before it becomes a law. If disapproved by him, the bill is sent back and both Houses can override the Governor's veto by a three-fifths vote.
A Lieutenant Governor is provided for, who is chosen at the same time, in the same manner, for the same term and subject to the same provisions as the Governor. He is made President of the Senate but has no vote except on a tie. He succeeds to the governorship in the event of the death, disability or resignation of the Governor. The following State officers are made elective: Attorney General, Insurance Commissioner, State Treasurer and Auditor of Accounts, the first two being elected by the people for a term of four years and the latter two for two years. The following county officers are made elective : Prothonotary, Clerk of the Peace, Register of Wills, Recorder of Deeds, Register in Chancery and Clerk of the Orphans' Court. Each of the above to be elected for a term of four years. The offices of Sheriff and Coroner are con- tinued as elective, the term of office being two years. A Sheriff is not eligible for immediate re-election.
Two important changes were made in the judiciary : One additional judge was provided for and the highest court of the State was changed, in name, from the Court of Errors and Appeals to the Supreme Court, provision being made for a clean-cut court of appeals, composed of judges who had not sat in the trial of the case in the lower court. There are six State judges all of whom must be learned in the law. One is
241
GENERAL HISTORY OF THE STATE.
called Chancellor, one Chief Justice and the other four Associ- ate Judges. The Chancellor, Chief Justice and one of the Associate Judges may be appointed from and reside in any part of the State. The other three Associate Judges may be appointed from any part of the State, but they shall be resi- dent judges and one of them shall reside in each county. No more than three of the five law judges, in office at the same time, shall have been appointed from the same political party. All the judges are appointed for a term of twelve years, by the Governor, by and with the consent of a majority of all the members of the Senate.
The Chancellor shall hold the Court of Chancery ; and the Orphans' Court in each county shall consist of the Chancellor and the resident Associate Judge of the county. The Chief Justice and the four Associate Judges shall compose the Su- perior Court, the Court of General Sessions and the Court of Oyer and Terminer. Two shall constitute a quorum in all of the said courts except the court of Oyer and Terminer where three shall constitute a quorum. Justices of the Peace are ap- pointed by the Governor, with the consent of the Senate, for a term of four years.
Radical changes were made in the election laws of the State. The payment of the county tax had, under the old constitution, been a prerequisite for voting. This was abolished ; the new qualification being a residence in the State of one year, a resi- dence in the county of three months and for thirty days a resi- dent of the hundred or election district, coupled with the re- quirement that each voter shall be registered. An educational requirement was introduced in that no person who shall attain the age of twenty-one years after the first day of January, A. D., 1900, or after that date shall become a citizen of the United States shall have the right to vote unless he shall be able to read the Constitution of the State of Delaware and write liis name. Provisions were made for a uniform biennial registra- tion of the names of all voters ; and the returns of all general elections are submitted to a board of canvass in each county
16
242
GENERAL HISTORY OF THE STATE.
composed of two of the Supreme Court Judges. Heroic meas- ures are provided for the prosecution of persons charged with bribing of electors or of wrongfully influencing election officers. Persons so charged are tried by the court, on information, without the intervention of a grand or petit jury, and the penalty is both fine and imprisonment, with disfranchisement for a term of years.
This constitution provided for the first time in the history of the State, for a Board of Pardons. Heretofore the pardon- ing power had been vested solely in the Governor. The Board of Pardons consists of the Chancellor, Lieutenant Gov- ernor, Secretary of State, State Treasurer and Auditor of Ac- counts and upon the recommendation of the Board the Gover- nor shall have power to remit fines and forfeitures, and to grant reprieves, commutations of sentence and pardons, except in cases of impeachment.
A general incorporation act was provided for and the General Assembly was prohibited from passing special acts of incorporation, except to banks and municipal incorporations or for charitable, penal, reformatory or educational purposes.
The convention spoke out boldly on the subject of education by empowering the General Assembly to provide for the es- tablishment and maintenance of a general and efficient system of free public schools, making the attendance of children com- pulsory if deemed expedient. The General Assembly is re- quired to make an annual appropriation of not less than $100,000 out of the general funds of the State, in addition to the income from the investments of the Public School Fund, for the benefit of the schools, to be equitably apportioned among the school districts of the State and the money so ap- portioned is to be used exclusively for the payment of teachers' salaries and for furnishing free text-books. No distinction shall be made on account of race or color, but separate schools for white and colored children shall be maintained.
A progressive step was taken when provision was made, in the new constitution, for a State Board of Agriculture, to be
243
GENERAL HISTORY OF THE STATE.
composed of three commissioners, one of whom shall reside in each county. The commissioners are appointed by the Gov- ernor for a term of three years. The Board has power to abate and prevent, by such means as the General Assembly may prescribe, all contagious and infectious diseases of fruit trees, plants, vegetables, cereals, horses, cattle and other farm animals, and may devise plans for securing immigration to the State of industrious and useful settlers as they may deem expedient.
Provision was made for the General Assembly to submit from time to time to the vote of the qualified electors of the several districts of the State the question whether the manu- facture and sale of intoxicating liquors shall be licensed or prohibited within the limits of the respective districts. And such a submission of the question shall be made by the Gen- eral Assembly when a majority of all the members elected to each House of the General Assembly in any of the respective districts shall request the same. For this purpose Sussex County constitutes one district, Kent County one district, the City of Wilmington one district and the remaining part of New Castle County one district.
The matter of amending the Constitution was greatly sim- plified. An amendment having been agreed to by two-thirds of all the members elected to each House of the General As- sembly, the Secretary of State shall cause such proposed amendment to be published three months before the next gen- eral election in at least three newspapers in each county, and if, by the General Assembly next after the said election, such proposed amendment shall be agreed to by two-thirds of all the members elected to each House, the same shall thereupon become part of the Constitution of the State.
A Constitutional Convention may be called when by a two- thirds vote of all the members elected to each House, the Gen- eral Assembly shall provide for the submission to the qualified electors of the State the question, Shall such a Convention be called, and if upon such submission, a majority voting on said question shall decide in favor of a convention, the General
244
GENERAL HISTORY OF THE STATE.
Assembly, at its next session, shall provide for the election of delegates to such convention at the next general election. Such convention shall consist of forty-one delegates, one to be chosen from each of the thirty-five representative districts and two delegates to be elected at large from each of the three counties of the State.
The constitution of 1897 bears date the fourth day of June of that year. All the members of the convention signed the same except John P. Donohoe, a member from New Castle County, who refused to sign because of his emphatic and pro- nounced objection to the abolition of trial by jury of those charged with offences against the elective franchise. The con- stitution, by a provision contained in the schedule attached thereto, took effect on the tenth day of June, A. D., 1897. It was not submitted to the voters of the State for approval, it being considered doubtful whether it would have received the approval or ratification of the people if it had been so sub- mitted.
A special session of the General Assembly convened in Jan- uary, 1898, the main purpose of its meeting being to pass such laws as were necessary to carry into effect the provisions of the new constitution. The most important enactment of the ses- sion was a General Incorporation law which contained very liberal provisions for the formation of corporations and which was designed to bring a large revenue to the State. The de- feat of the Republicans in the campaign of 1896 resulting from the division that existed in their ranks had a sobering effect upon the party, and two years later both factions of the party united in nominating John H. Hoffecker as the candi- date for Congress ; Levin Irving Handy was renominated by the Democrats. Hoffecker was elected by a majority of 2513. At this election, for the first time, State Senators and State Representatives were chosen by districts instead of by counties as provided by the new constitution. The Democrats elected 9 Senators and the Republicans 8. The House stood 23 Republicans and 12 Democrats.
245
GENERAL HISTORY OF THE STATE.
On the breaking out of the Spanish-American war in April, 1898, and the issuing of the call by President Mckinley for volunteers, the General Assembly of Delaware, then in session, by joint resolution appropriated $30,000 for mobilizing, arm- ing and equipping her national guard, and giving to the members of the guard the necessary field training that. had been neglected for several years.
On the 26th of April, 1898, the First Delaware Regiment, Colonel I. Pusey Wickersham commanding, was ordered into the field at Camp Ebe W. Tunnell, near Middletown, Dela- ware, the camp being named in honor of the then governor of the State. An inspection made at the camp on April 27th by Lieutenant Colonel Evan G. Boyd, Assistant Inspector General, showed an attendance as follows :
Officers.
Men.
Field Staff and non-commissioned Staff
11 6
Drum Corps, First Regiment Infantry
22
Company A, Wilmington, Capt. Harry B. Carter 3
64
Company B, Milford, Capt. Wm. E. Lank
3 45
Company C, Wilmington, Capt. Albert F. Matlack 3
59
Company E, Wyoming, Capt. Charles A. Garton 3
41
Company F, Wilmington, Capt. John F. Brennan
3
42
Company G, Harrington, Capt. Wm. H. Franklin
3 52
Company H, New Castle, Capt. Edmund E. Rogers
2 55
Company I, Laurel, Capt. J. T. Osborne
3
52
Company K, Wilmington, Capt. Edwin E. Rutan
3
57
Total -37
495
The field officers of the regiment were Garrett J. Hart, Brigadier General and Adjutant General; I. Pusey Wicker- sham, Colonel ; Charles M. Stevenson, Lieutenant Colonel ; Theodore Townsend, Major ; John M. Dunn, First Lieutenant and Adjutant ; James L. France, Major and Surgeon ; R. T. J. Barber, First Lieutenant and Assistant Surgeon ; Robert Pen- nington, Captain and Judge Advocate ; Harry V. Bootes, First Lieutenant and Quartermaster ; Charles G. Otwell, First Lieu- tenant and Inspector of Rifle Practice ; Clarence D. Sypherd, First Lieutenant and Paymaster, and Francis M. Munson, Captain and Chaplain.
246
GENERAL HISTORY OF THE STATE.
After remaining at Camp Tunnell until August, the entire force having in the meantime been mustered in and turned over to the President for such duty as it might be called upon to perform, the Delaware regiment was ordered to join General Wade's division in Porto Rico, but this order being revoked, a second order directed the regiment to join the Second Army Corps, General William M. Graham command- ing, at Camp George G. Meade, Middletown, Pennsylvania. Reaching that place, the regiment was assigned to the Third Brigade, Second Division, Brigadier General Nelson A. Cole commanding. Here it remained until peace was declared, and while the regiment was not destined to see active service, the soldierly bearing, good marching and discipline of the men so impressed the commanding officer, General Graham, that they were designated to act as an escort of honor to the Presi- dent of the United States upon the occasion of his visit to the camp. The regiment was mustered out of service in its en- tirety, at the close of the war, after a brief but honorable career.
Adjutant General Hart, upon whom fell much of the re- sponsibility of enlisting, equipping and mobilizing the regi- ment, is deserving of much praise for the valuable and patri- otic services rendered by him to the State.
The General Assembly of 1899 was composed of 31 Repub- licans and 21 Democrats. The term of George Gray as United States Senator expiring on Marchi 4, 1899, it fell to the lot of this legislature to elect his successor. The old contest between J. Edward Addicks represented by the Union Republicans, and the Regular Republicans was renewed with all the bitter- ness of the session of 1895. J. Edward Addicks succeeded in controlling a majority of the Republican members ; on the first ballot the Republican votes were distributed as follows : J. Edward Addicks 15 votes, Henry A. DuPont 11 votes, William S. Hilles 2 votes. The Democratic members voted as follows: George Gray 15 votes, L. Irving Handy 5 votes, John G. Gray 1 vote.
During the session Mr. Addicks at no time received less
247
GENERAL HISTORY OF THE STATE.
than 15 votes, and after holding that number for a month, his vote increased to 18, and on the last ballot on the last day of session he received 21 votes, as against 8 for Henry A. DuPont, 3 for Anthony Higgins, 14 for John Biggs and 4 for George Gray. Much excitement was caused on the last day of the session, March 13th, by three of the Democratic members voting for Mr. Addicks. They were Elisha H. Farlow, a State Senator from Sussex and James B. Clark and William F. King, Representatives. The air was full of rumors that a combination had been made between the Union Republicans and enough Democrats to secure the election of Mr. Addicks. When the three Democratic members cast their votes for Mr. Addicks loud denunciations were made, threats of bodily harm were indulged in, and there arose grave apprehensions of serious trouble. In the midst of the confusion, the hour for adjourn- ment sine die arrived and the session ended in a deadlock, no Senator having been chosen. The Legislature at this session enacted no law of importance.
John H. Hoffecker died June 16th, 1900, while a member of Congress, and the vacancy occasioned by his death was filled at the next general election. The two Republican fac- tions continued their separate organizations and the outlook for Republican success in 1900 was discouraging although in that year a full State ticket was to be elected. The Union Republicans held their State convention first ; they nominated a full State ticket headed by George W. Marshall for Governor. The Regular Republicans followed later with their convention nominating Martin B. Burris for Governor. After much dis- cussion both factions agreed upon one State ticket composed as follows : For Governor, John Hunn ; for Lieutenant Gov- . ernor, Philip L. Cannon ; for Congress, Lewis Heisler Ball for the full term ; and Walter O. Hoffecker for the unexpired term of his father, John H. Hoffecker. The two factions of the party were represented on the ballots as separate organiza- tions. The Democratic candidates were as follows : : for Governor, Peter J. Ford ; for Lieutenant Governor, William
248
GENERAL HISTORY OF THE STATE.
F. Hoey ; for Congress, full term, Alexander M. Daly ; short term, Edward Fowler. A stirring campaign followed, the national contest for President increasing the interest.
The Republicans were a unit for William Mckinley, who had been renominated for President, and the followers of Willianı J. Bryan, the Democratic nominee, were active and enthusiastic in his support, although an element in the Demo- cratic party was opposed to Bryan on account of his financial views. During the campaign Mr. Bryan made a brief tour through the State, making speeches at three or four different points and attracting large audiences. The election in No- vember showed a majority for the Mckinley electors of 3672, and the Republican state ticket was elected by a majority of about 3500. The Republicans obtained control of both Houses of the General Assembly, the membership standing as follows: Senate, Republicans 9, Democrats 8; House of Representatives, Republicans 20, Democrats 15.
The General Assembly of 1901 consisted of 29 Republicans and 23 Democrats. The old factional fight was on in the ranks of the Republican party ; two United States Senators were to be chosen, one to fill the vacancy caused by the ex- piration of the term of George Gray on March 4, 1899, and the other the seat of Richard R. Kenney expiring March 4, 1901. Mr. Addicks, being still in the fight, led the balloting with 16 votes, the other Republican votes being divided among five candidates. The Addicks adherents voted for him for both the long and short terms, and his vote never fell below 16, and on the concluding ballot on the last day of the session, March 8th, the Republican vote stood Addicks 22, Charles F. Rich- ards 7. The 23 Democrats in the joint assembly voted for Willard Saulsbury. Again through the division in the Re- publican ranks, no one was elected and the session adjourned leaving Delaware unrepresented in the United States Senate.
Again in 1902 the Republicans, continuing as two political parties, succeeded in renominating Martin B. Burris for State Treasurer and Purnal B. Norman for State Auditor ; both of
GENERAL HISTORY OF THE STATE. 249
these gentlemen had been elected by the united vote of the Republicans in 1900. The party was not so fortunate in agreeing upon a condidate for Congress. Lewis Heisler Ball, an avowed Regular, who had been elected to Congress in 1900, was renominated in 1902 by the Regular Republicans, but the Union Republicans took a determined stand against the re- nomination of Dr. Ball, claiming that he was particularly dis- tasteful to them, and at the convention of the Union Republi- cans, William Michael Byrne was named as their candidate for Congress. The Democratic party named Henry A. Houston, of Sussex County, as their congressional nominee. The election resulted in the success of Houston by the follow- ing vote : Houston 16,396, Byrne 12,998, Ball 8,028, Houston's plurality 3,398. The membership of the General Assembly was divided as follows: Senate, Republicans 10, Democrats 7; House of Representatives, Republicans 21, Democrats 14.
A long and exciting contest over the United States Senator- ships occupied the time and attention of the General Assembly of 1903 from the middle of January to the second day of March. The Republicans were divided on the old factional lines. The friends of Mr. Addicks made a strong and deter- mined fight to elect their favorite. The Regular Republicans were equally determined in their efforts to prevent the election of Mr. Addicks. Numerous candidates were voted for and the Addicks vote continued unbroken day after day. The contest finally came to an end by an agreement between the two fac- tions that each faction was to be allowed to name its own candidate provided Mr. Addicks should retire from the contest. A conference was held which resulted in the naming of James Frank Allee for the full term and Lewis Heisler Ball for the short term, and on March 2d, 1903, at a joint meeting of the two houses of the General Assembly, Allee and Ball were duly chosen United States Senators by the following vote: J. Frank Allee 30, Willard Saulsbury 17, L. Heisler Ball 31, Richard R. Kenney 19.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.