USA > Delaware > History of the state of Delaware, Volume I > Part 9
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These committees from the three counties met at New Castle August 1, 1774, with Rodney as chairman, and elected Rodney, McKcan and Read deputies to the general Congress at Philadelphia to meet on September 5th.
The resolutions adopted by the three joint Committees on Correspondence, recite the list of America's grievances with a vigor and dignity that characterize the public utterances of that period.
The Congress met in Carpenter's Hall, Philadelphia, Sep- tember 5, 1774, with eleven provinces represented. There was at first some contention as to whether the votes of the smaller colonies should count the same as those of the larger
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ones, but it was finally decided that each should have one vote. On the 6th of September Rodney was appointed a member of the grand committee which was instructed to state the rights of the colonies in general, the several instances in which their rights were violated or infringed and the means most proper to be pursued for obtaining a restoration of them ; an honor surely requiring clear thinking and a knowledge of the law. Massachusetts was sustained in her resistance. After much discussion the power of Parliament to regulate trade was admitted from the necessity of the case, but all right of taxation, internal or external, was denied. A petition to the King drawn by John Dickinson and addressed to the people of Great Britain and of Quebec, and to the colonies represented in Congress, was adopted, and after recommend- ing another Congress to meet May 10, 1775, adjournment was made on October 26th. All the meinbers for themselves and their constituents signed the non-import and non-export agreements, to take effect in September, 1775, unless the ob- noxious acts were repealed in the meantime.
The Delaware Assembly met at New Castle on March 13, 1775, and to them the three deputies made their report. It was immediately approved with thanks. In re-electing the deputies the Assembly instructed them :
FIRST. Avoid anything disrespectful or offensive to the King or invasive of his just rights and prerogatives.
SECOND. Adhere to claims and resolutions of the last Congress, but do not claim anything apparently not belonging to colonists or not essentially necessary to well being of same.
THIRD. Treat with any one appointed by the crown to treat with the colonies concerning disputes.
FOURTH. Insist on equal voice in Congress.
AFTER this the House adjourned until June 5th.
The credentials of the Delaware deputies in the Journal of Congress give "full power to them, or any two of them, together with the delegates from the other American Colonies to concert aud agree upon such further measures as shall ap- pear to them best calculated for the culmination of the unhappy differences be- tween Great Britain and the Colonies on a constitutional foundation.
During this time the subscription for the relief of Boston
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was raised successfully ; nine hundred dollars was sent in February, 1775, one thousand dollars in May, and a little later about two hundred and seventy-five dollars, which indi- cates great generosity considering the size and population of the colonies.
A petition from the inhabitants, freemen of New Castle and Kent, may be mentioned here. It was addressed to the Assembly, and shows that the gravity of the situation was realized. Although satisfied with the moderate instructions to the deputies, yet " we conceive a well regulated militia composed of gentlemen freeholders and other freemen to be not only a constitutional right but the natural strength and most stable security of a free government, from the exercise of which a wise people will not excuse themselves in time of peace." This seems to be significant of what was then passing in the minds of men.
There was a great reluctancy to admit what now seemed the inevitable result. Through all the period of growing alienation, expressions of attachment to the crown were fre- quent, and they were not merely hypocritical. Wise men are restrained, and form their judgment under a sense of responsi- bility. Surely no greater question ever rested on a body of representative men. Is it any wonder that they hesitated long before deciding finally ? In October, 1774, Washington wrote a letter, and it may be inserted here to illustrate how great a problem confronted these deputies in Congress assembled.
"It is not the wish or interest of that government (Massachusetts) or any other, separately or collectively, to set up for independence. But none of them will ever submit to the loss of those valuable rights and privileges which are essential to the happiness of any free state, and without which life, liberty and property are ren- dered insecure. . . . I am well satisfied that no such thing is desired by any thinking man in all North America. On the contrary it is the ardent wish of the warmest advocates of liberty that peace and tranquility upon Constitutional grounds may be restored and civil discord prevented."
And the following extract from a letter written by Thomas
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Rodney after the war was over, about his brother Caesar Rodney, describes his state of mind :
"In 1776, when independence began to be agitated in Congress almost all his old friends were against it, particularly Andrew Allen, John Dickinson, Robert Morris and his colleague George Read ; in every point of view the question was important and it was difficult to say what might be best; on one side stood a doubtful experience and a bloody war and on the other unconditional submission to the power of Great Britain ; those that were against deciding now argued that there was yet a possibility of reconciliation on constitutional principles, but if we declared ourselves independent, ali hope of reconciliation was cut off; on the other side while we continued in our present situation no foreign nation could enter into alliance with us or afford us any public friendship; all our dependence being on foreign fire arms, ammunition, and other supplies we had no way to obtain them but in a clandestine manner, which could not possibly enable us to oppose the power of Great Britain, she was exerting herself in every part of Eu- rope to prevent our getting supplies ; she liad declared us out of her protection and was making every kind of exertion in her power to reduce us to unconditional submission ; all her conduct so fully induced this intention that no hope of recon- ciliation on constitutional principles could possibly remain."
The King refused to see the petition of the Congress of Sep- tember, 1774, on the ground that it was an unlawful and seditious assembly. Parliament refused to consider the ad- dresses for the same reason. Massachusetts was declared to be in rebellion, the land and naval forces were increased, the trade of the northern colonies restricted to Great Britain and Ireland, and fishing on the Newfoundland Banks prohibited. News of all this reached here in April, together with an exhor- tation of Massachusetts to the colonies to greater preparation by military training to encounter the invaders.
It was on April 26, 1775, one week later, that the news of the bloodshed at Lexington and Concord reached Delaware by express riders, and all the middle colonies, while they be- lieved that the conflict between England and America might be avoided, and hoped for reconciliation, declared themselves in favor of war rather than submission.
Such was the state of affairs when the second General Con- gress met in Philadelphia on May 10, 1775.
This Congress, to which Cæsar Rodney and George Read 7
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were our delegates, opened its sessions on May 11 with prayer. It recommended the training of militia and the raising of Continental troops, adopting the necessary measures and rules for its government and providing for the organization of the higher department. Thomas Jefferson, John Dickinson, and some others were a committee to prepare a declaration of the causes of taking up arms. Jefferson drew this, the first decla- ration, but it not being approved, Dickinson drew up one which was approved and accepted July 6, 1775. Dickinson also drew up a second petition to the King, and addresses to the people of Great Britain and Ireland were made.
The first regiment, Haslet's, was not raised, however, until a few months later. During this interim, besides being mem- bers of Congress, Rodney was speaker, and Read and Mckean members of the Assembly of Delaware. Thus their time was divided, and yet they were successful in filling offices that seem to us incompatible. The following letter speaks for , itself.
" NEW CASTLE, March 6, 1776.
" Gentlemen, I am ordered by the house to require your immediate attend- ance unless business of the first importance should make your stay in Congress necessary; if so, you are to immediately let the house know it.
"I am, gentlemen, your very humble servant, "CESAR RODNEY, Speaker. "GEORGE READ and THOMAS MCKEAN, Esquires."
These three were re-elected deputies to the Congress in March, 1776, and their instructions, given on the 22d of the month, were to embrace every opportunity to effect a recon- ciliation with Great Britain on such principles as to secure a full enjoyment of all just rights and privileges, and to culti- vate the union which prevailed throughout the United Colo- nies ; notwithstanding the desire for peace with Great Britain to join with the other colonies in all such military operations as might be judged proper and necessary for the common defence, and to insist on an equal voice in Congress with any other province, "as the inhabitants thereof have their all at stake as well as others."
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Here may be mentioned the engagement which took place off the mouth of the Christiana Creek during the first week in May, 1776. The "Roebuck " and " Liverpool," two small British warships appeared in the Delaware, and sailed up until several "rowgalleys " or "gondolas " met them sailing out from the creek. Warm cannonading ensued until the British ships were driven back and anchored in the cove below New Castle. The engagement really amounted to little, but it served to encourage the inhabitants of the colony very much.
Congress on May 15, 1776, passed a resolution recommend- ing to the various assemblies of the colonies where no govern- ment sufficient for the exigencies of affairs existed that they adopt such government as should most conduce to happiness and safety.
Much opposition to independence existed at this time in the lower part of Delaware, and this decided step brought matters to a head. The popular party, that is, those desiring inde- pendence, instructed their five representatives in the Assembly, Caesar Rodney, William Killen, John Haslet, Thomas Rodney and Vincent Lockerman, to demand of the Assembly compli- ance with the resolution of Congress, and in case of refusal they were to withdraw and thus dissolve the House. The opposition, the anti-revolution party, remonstrated to the Assembly as a whole against this course and against changing the constitution at this crisis. But the popular party won a partial victory ; for the Assembly, at the instance of Mckean, who presented the resolution of May 15th to it, adopted the following preamble and resolution on June 15, 1776 :
"WHEREAS, It has become absolutely necessary for the safety of the good people of this colony forthwith to establish some authority adequate to the exi- gencies of their affairs until a new government can be formed ; and whereas as the Representatives of the people, in this Assembly met, alone can and ought at this time to establish such temporary authority; therefore,
Resolved, unanimously, That all persons holding any office, civil or military, in this colony, on the thirteenth of June instant, may and shall continue to exe- cute the same in the name of the government of the Counties of New Castle, Kent and Sussex upon Delaware, as they used to exercise them in the name of the King,
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until a new government shall be formed agreeably to the resolution of Congress of the fifteenth of May last."
This resolution of Congress and the resulting resolution of the Delaware Assembly were decisive steps toward independ- ence. On the seventh day of June, 1776, Lee of Virginia moved "That the United Colonies are and of right ought to be free and independent states, and that the political connec- tion between them and Great Britain is and ought to be totally dissolved."
This resolution was debated on the 8th and 10th of June, and finally passed by the very close vote of seven to six. But unanimity was so important in a question of such gravity that, it appearing "that New York, Pennsylvania, Delaware and Maryland were not yet matured for falling from the parent stem, but were rapidly maturing to that state, it was thought prudent to wait awhile for them and to postpone the final decision until July the first."
Time has now made certain what was then doubtful. Is it to be wondered at that there was opposition to passing this resolution then? It was not rejection but delay that those opposed asked for. And far too much unfavorable criticism has been cast upon Mr. Read for his voting against independ- ence. His motives are not understood. He wanted delay. Why? Because there was some disaffection towards the Con- tinental Congress in his colony, and hostility between the Whigs and Tories. He was not sure that his colony was ready for this step, for statesman that he was, he knew that for success in this there must be unanimity, not only among the colonies collectively but in each colony separately. The instructions given him in March enjoined upon him to em- brace every opportunity to effect a reconciliation with Great Britain, and Le felt at liberty to vote either for or against independence as he might deem best. He acted as his best judgment at the time dictated.
On the 14th of June the General Assembly of the colony gave these new instructions to their deputies in Congress :
THOMAS MCKEAN, Signer of the Declaration of Independence.
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"That you concur with the other delegates in Congress in forming such further compacts between the United Colonies and concluding such treaties with foreign kingdoms and states and in adopting such other measures as shall be judged neces- sary for promoting the liberty, safety and interests of America, reserving to the people of this colony the sole and exclusive right of regulating the internal government and policy of the same."
When this question came up Rodney was at home, among the inhabitants of Delaware, endeavoring to organize troops and reconcile the people to the change of government. He was unacquainted with the exact day for the final decision, and therefore failed to appear on July first. On this day among those who spoke upon the measure was Mckean. A vote was taken in Congress. Nine colonies voted for inde- pendence, two, Pennsylvania and South Carolina, against it. New York, excused from voting by reason of the doubtful nature of their instructions, and Delaware's vote was not cast, for Mckean and Read were on opposite sides. Rutledge of South Carolina then said that were the vote taken on the following day he believed his colleagues, though they dis- approved of the resolution, would then give in for the sake of unanimity. The final question was therefore postponed until the next day.
McKean, finding that Rodney did not come, sent an ex- press rider post-haste to Dover to get him. The next day, Rodney, having ridden from Dover, walked into the Congress hall, thus securing the vote of Delaware for the passing of this measure. When the vote for Delaware was called, Rodney arose and said, " As I believe the voice of my constituents and of all sensible and honest men is in favor of independence, my judgment concurs with them ; I vote for independence."
South Carolina voted in the affirmative. Dickinson and Morris, of Pennsylvania, absented themselves, thus allowing the vote of that colony to go for the affirmative, three to two. And New York on July ninth, in convention, resolved to
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support the resolution. Thus it became the unanimous act of the thirteen colonies.
The journals of Congress say that on August second, "The Declaration of Independence being engrossed and compared at the table, was signed by the members." That statement is misleading, but it was signed by all the members then pre- sent. Mckean, at that time, was colonel of a " Battalion of Associators," which marched away during July, '76, to Perth Amboy, to support Washington, and therefore was not present at this signing, but he added his name later. George Read signed also. He was not opposed to the Declaration ; he only regarded it as premature. Regardless of the risks to life and property, should the British triumph, he added his signature, knowing if he did not it would hinder its sanction by the people ; and when taunted by a Tory that he had " signed with a rope about his neck," he replied, "I know the risk and am prepared for the consequences."
The House of Assembly of Delaware immediately met and recommended their constituents to choose ten deputies for each of the counties to meet in convention to ordain and declare the future form of government for the State of Delaware. This was done with remarkable promptitude. The Committee of Safety publicly read the Declaration in Dover, and the resolutions of the Assembly concerning a committee, each of which was received with the highest approbation. The com- mittee then sent for a picture of the king and made the drum- mer of the infantry bear it before them as they marched two by two around the public square in Dover, followed by the infantry in slow time with music. Then with the committee forming a circle about a fire prepared in the middle of the square for that purpose, the president cast the picture in the flames, saying as he did so, "Compelled by strong necessity, thus we destroy even the shadow of that King who refused to reign over a free people." Loud cheers and great enthusiasm greeted this, and new courage came to all the friends of liberty.
In the September following, the convention met which
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adopted the first constitution of the State, treated of fully in subsequent pages.
The first legislature under the new Constitution met at New Castle, October 28, 1776. A committee from both houses was appointed to devise a great seal for the State. One device was recommended, consisting of a seal of three inches in diam- eter, Brittania on the right side and Liberty on the left, and a label, " Go to America," between ; on top a book with the words, " The Bill of Rights," and on the bottom another, with the words, "The System of Government," and around the edge in capital letters, "The Great Seal of the Delaware State, 1776." Later this was rejected as more suitable for a medal than a seal, and another adopted of silver three inches in diameter, embracing a sheaf of wheat, an ear of corn, and an ox in a shield, with a river dividing the wheat and the corn from the ox, the supporters to be an American soldier under full arms on the right, and a husbandman with a hoe in his hand on the left, with a ship as the crest and the inscription, " The Great Seal of the Delaware State, 1776," placed around the edge. This was ordered made, and the seal of New Castle County was used as the great seal of the State until the other was completed.
On November 10, 1776, the Legislature elected George Read, already Speaker of the Council, John Dickinson and John Evans delegates to Congress. The two latter declined the honor, both on the plea of very poor health, and Nicholas Van Dyke and James Sykes were appointed in their place, but for a while Sykes alone attended. The instructions to the dele- gates were as follows: "They or any one or more of them are hereby authorized and empowered for and on behalf of this State to concert, agree to, and execute any measure which they or he, together with a majority of the Continental Con- gress, shall judge necessary for the defence, security, interest and welfare of this State in particular, and America in gen- eral ; with power to adjourn to such times and places as shall appear most conducive to the public safety and advantage." The Legislature adjourned until January 6, 1777.
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In November, 1777, Dr. Rush moved in Congress that some Continental troops be sent down to Lewes, Delaware, to over- awe the persons then disaffected with Congress. George Read, not hearing that the motion was rejected, immediately remon- strated strongly, but Mr. Robert Morris wrote back to him that Rush's motion was rejected, and that a Virginia regiment ordered up from the eastern shore of Maryland was to stop at Dover for further orders, if the Delaware Governor should want them. This was considered unnecessary.
When the Legislature reassembled, no business was done until January 15th, when February 27th was appointed as a day of fasting and humiliation on account of the war. A committee was appointed to arrange for better militia estab- lishment, and quantities of provisions, arms, powder and lead were ordered bought. The election of the president of the State approached, and no method being provided by the Con- stitution, it was decided that the two houses in joint session should elect.
On February 22, 1777, an act was passed to issue 15,000 pounds in bills of credit of the state and a sinking fund was provided. The Continental currency issued by the authority of Congress was also made legal tender in this state. The fort on the Christiana creek, near Wilmington, was put under the command of Captain Ralph Walker who was to enlist two sergeants and twelve privates for the fort, to be paid and sup- ported by the State. He was to keep the fort properly fitted out, and also take charge of all fire rafts built or brought into the State. Tlie Legislature adjourned on June 7, 1777, until October.
Fiscal legislation, it will be noticed, was always prominent from now on. Indeed, more acts for raising money were passed than for any other purpose, as this was the most important and probably the most difficult question that had to be faced. Evidently all the state officers were not above reproach, for resolutions to straighten out and settle up the accounts of loan offices, sheriffs, recruiting officers, state treasurers, regi-
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mental officers, and paymasters, and the clothier-general of the state, are frequent.
During John McKinly's administration as President of the State, a further issue of bills of credit to the sum of 3,000 pounds was made. Caesar Rodney was made Major-General of the militia, and John Dagworthy and Philemon Dickin- son, Brigadier-Generals.
Frequent insurrections in the lower part of the State caused by Tories and disaffected persons, aided by the British men-of- war in the Bay, who deceived and corrupted the ignorant people, and paid in hard money for grain, cattle and vegeta- bles, made the ruling of the State a hard matter.
Rumors were prevalent that a fleet of thirty-six ships had left Staten Island to join Howe, and were expected to sail up the Delaware bay and river. The condition of affairs was alarming. The State had lately been traversed by a hostile army, her chief town was occupied by the enemy, and her whole water-front threatened by the British vessels. No further mention of these vessels is made, however.
The Legislature met at Dover, October 20, 1777, but there was not a full attendance, due to the proximity of the British. On October 29th an Act was passed to raise six hundred militia for defence of the State, to be paid by a draft of 5,000 pounds on the loan office of Kent County. On December 17th Caesar Rodney, Nicholas VanDyke and Thomas Mckean were elected delegates to Congress for the ensuing year, with the same instructions that had been given for the previous year. Seven hundred and fifty pounds were borrowed from Vincent Lockerman to buy clothing for the Delaware regiment.
General Smallwood during the winter of 1777-78 occupied Wilmington with the Second Maryland Regiment and the Delaware Regiment, and 3,100 of the Delaware militia was ordered to reinforce him, but only a part responded to the call.
The State Legislature reassembled in February, 1778. George Read requested to be relieved from his duties as Presi- dent, and on March 31st Caesar Rodney succeeded him. He
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was immediately authorized to raise a company of troops in each county to guard the Delaware shore and to arrest Tories engaged in trade with the enemy. A measure of importance of this session, "for the further security of the State," was adopted, requiring all citizens to take the oath of fidelity to the Federal and State governments, and imposed the duty of bearing arms upon all except Quakers, who were compelled to pay an equivalent.
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