Scharf, Thomas J., History of Delaware, 1609-1888. Volume One- pp. 124-146.

CHAPTER XII.
COLONIAL HISTORY, 1704–75.
THE history of Delaware during the period covered by the present chapter, stands out as a bold anomaly in the colonial history of America. After a long series of wrangles and dissensions with the other counties of the province of Pennsylvania, in 1704 the "territories," or the "three lower counties," or the "counties of New Castle, Kent and Sussex upon Delaware," as they were then variously called, seceded from the counties of the province. They were to be governed by a separate Assembly consisting of representatives from the three counties, but still acknowledged the authority of the provincial Governor of Pennsylvania. This continued to be the form of government until the adoption of a separate Constitution by the State of Delaware, in 1776.
The lower counties had hardly been annexed to the province, in 1682, when the controversies and disagreements began which finally led to a separation. The Council dealt liberally with the new counties, agreeing to assume a large share of their expenses as an obligation on the whole province, and as early as 1684 they complied with the request of the territorial representatives by holding a part of their meetings at New Castle. One effective cause for these early differences is to be traced to the agents sent over by the Marylanders. It was a part of Lord Baltimore’s plan for the success of his covetous designs on Penn’s territory to stir up ill feeling in the lower counties. At a meeting of the Council, held at Philadelphia, on February 1, 1684, one Charles Pickering reported that it was his belief that most of the people of Kent County were ready to revolt because Governor Penn had not kept his promise to enter and clear all vessels at New Castle, and in the event of such outbreak they were assured of the support of Lord Baltimore. At the same time Francis Whitwell, John Hilliard and John Richardson, the representatives from Kent, refused to attend the Council, and committees were sent to inquire into the cause of their absence, as well as that of the general disaffection. While no serious outbreak resulted from this, the government of the lower counties proved to be a source of much annoyance to the Council. Reports were continually brought to them complaining of the manner in which the officials performed their duties. The sheriffs could not be relied upon, and the decisions of the justices were frequently appealed from, as being unjust and partial. Matters began to take a more serious turn in 1690. Jealousies, based on local prejudices, had increased, and the lower counties asserted that they were not fairly treated in the appointment of officers. In the year mentioned Thomas Lloyd had been duly elected president of the Council. The territorial members, fearing that they would not receive their fair proportion of offices, convened a secret meeting without notifying the president or any member of the Council. The six members present were William Clark, Luke Watson, Griffith Jones, John Brinkloe; John Cann and Johannes D’Haes, who appointed and commissioned six judges without the knowledge and consent of the other members. When the regular Council learned of the affair, they promptly declared the appointments to be illegal, and severely reprimanded the unruly members for their clandestine action. A demand was then made that the judges and other officers of the lower counties should be appointed by the nine representatives from those counties, but this was not allowed.
In 1691 what was evidently intended by the proprietor as an indulgent privilege proved only a means of widening the breach between the two sections of the province. Penn had left to the choice of the Council three different forms for the executive management of the government. It was to be either through a Deputy-Governor, a commission of five or the Council itself. A majority of the Council favored the first of these methods. This brought forth a formal protest from seven members for the lower counties— William Clark, John Cann, John Brinkloe, John Hill, Richard Halliwell, Albertus Jacobs and George Martin. They declared that the appointment of five commissioners was the method most agreeable to them, and their second choice would be the commission of the Council itself, but that they could not accept the choice of a Deputy-Governor, since it placed all appointments in the hands of a single person, and also on account of the expense required for his support. They agreed, however, to accept the government of the Council, on condition that no officers should be appointed to positions in the three lower counties without the consent of the members of Council for these counties. They then withdrew from the Council. President Lloyd, who had been chosen Deputy-Governor, dispatched John Simcock, John Bristow, John Delavall and David Lloyd to New Castle after the seceding members, with the promise that they need have no apprehension on the points raised by them, as he would occupy the chair without expense to them, unless they voluntarily agreed to contribute toward his support, and, moreover, he would make no changes in the offices of the lower counties until the proprietor’s pleasure were known, and none should be removed without their consent. This did not satisfy the representatives from the three lower counties, and they finally seceded, William Markham, the secretary, who had joined them, being chosen Lieutenant-Governor for the counties of New Castle, Kent and Sussex. Penn was much grieved when he heard of the disunion of the province, and attributed the trouble to Lloyd’s ambition. This charge seemed unjust, however, as Lloyd had only accepted his office after much reluctance, and at the earnest solicitation of most of the colonists.
The province continued under this double government for two years, when Governor Fletcher assumed control in 1693, and again succeeded in uniting them.* The union that was thus restored continued for a while without anything to disturb the peaceful conduct of government. In 1700 there occurred a slight dispute over the proportion of expenses to be born by the upper and lower counties, but this was soon adjusted. In the following year several contests were begun, which led to the final separation, three years later. Ever since the act of union, in 1682, the lower counties had always acted with great unanimity. In 1701, when the King forwarded a request to Penn, asking for three hundred and fifty pounds sterling for the maintenance of fortifications near New York, they entered their protest as a body, explaining that they were unable to provide defenses for that colony, as they themselves badly needed protection. On the 10th of October, of the same year, the members from the lower counties, considering that the measures then pending before the Assembly were highly prejudicial to their interests, abruptly left that body. On the 14th the members from New Castle and Kent Counties, with John Hill for Sussex, appeared before the Governor to set forth their grievances. At the meeting held on the 10th the objectionable measure was a bill to confirm certain acts passed at a meeting previously held at New Castle. The dissenting members urged that as the laws had been duly passed by the Assembly, they could see no reason why they should be reenacted at Philadelphia. The act of union had provided that the lower counties were to have equal privileges with the upper in all things relating to the government, and to say that measures passed at New Castle required to be confirmed at Philadelphia would discourage any further visits to New Castle as a place for holding meetings of the Assembly. Moreover, they failed to understand that the laws would be binding if the lower counties acted at Philadelphia in conjunction with the upper, unless it could be shown that there is greater authority than when the two parties act in conjunction at Newcastle, This protest was signed by John Brinkloe, William Rodeney, John Walker, William Morton, Luke Watson, Jr., Jasper Yeates, Richard Halliwell, Adam Peterson and John Donaldson. The Governor explained that this was a mere matter of form, to avoid any misunderstandings during his absence, and added that he was deeply hurt at what he considered a personal slight. On behalf of the others, Jasper Yeates assured the Governor that no insult was intended, and that they cherished the greatest respect for him, but that they only acted in accordance with the best interests of those whom they represented. The Governor then suggested that they should adjourn for one hour, until he could send for the rest of the Assembly, and at the appointed time they again met. A full discussion of the matter took place, in which both sides spoke very plainly. The territorial members held that the union had been from the first burdensome and objectionable to them, and they were no longer willing to remain a party to it. Penn argued with them, and expressed his sorrow at being compelled to carry such ill reports to England on his approaching voyage, but finally agreed to let them withdraw from the union, stipulating in positive terms that the separation should be on amicable terms, and that they must first settle the laws. Some further difficulties occurred, and on the following day the proprietor addressed a note to them, reiterating his pleas and admonitions. Richard Halliwell, Jasper Yeates and William Rodeney returned to the Assembly, but soon appeared before the proprietor and assured him that they could no longer sit in that body, but must at once proceed to their homes. The other members continued in their obstinate refusal to recognize the privileges consistent with the honor and interest of the lower counties, that it was incumbent upon the members to leave. Penn, with a liberal use of his persuasive powers, at length brought them to terms, after several messages had been exchanged with the Council and Assembly, and they agreed to return and make another effort to reach an understanding. On October 28th the new charter of privileges which Penn had for some time been preparing was submitted to the Council. This was the occasion for another outbreak. The charter provided, in the usual terms, for the enjoyment of liberty and happiness by the inhabitants of the province, and a single Assembly to consist of four members from each county; but, seeing that a separation had now come to be inevitable, Penn added the following proviso:
"Notwithstanding any clause or clauses in the above-mentioned charter, obliging the province and territories to join together in legislation, I am content, and do hereby declare, that if the representatives of the province and territories shall not, hereafter, agree to join together in legislation, and that the same shall be signified to me, or my deputy, in open assembly, or otherwise from under the hands and seals of the representatives, for the time being, of the province and territories, or the major part of either of them within three years from the data hereof, that, in such case, the inhabitants of each of the three counties of this province shall not have less than eight persons to represent them in the assembly for the province; and the inhabitants of the town of Philadelphia (when the said town is incorporated) two persons to represent them in assembly; and the inhabitants of each county in the territories shall have as many persons to represent them, in a distinct assembly, for the territories, as shall be by them requested, as aforesaid.
"Notwithstanding which separation of the province and territories, in respect of legislation, I do hereby promise, grant and declare, that the inhabitants of both province and territories shall separately enjoy all other liberties, privileges, and benefits granted jointly to them, in this charter, any law, usage or custom of this government heretofore made and practised, or any law made and passed by the general assembly to the contrary hereof notwithstanding."
The Governor then issued a number of commissions, appointing Andrew Hamilton Deputy-Governor, and James Logan secretary of the province, and clerk of the Council, and also nominated members of the Council, and incorporated the city of Philadelphia. He then sailed for England, leaving the province in a restless and dissatisfied condition. The incorporation of Philadelphia which gave the Provincial Assembly two additional members, was sufficient to show the territorial members that this was only the first step towards the gradual increase of the provincial members, while their own number would remain stationary. With the offer of the long-desired separation placed before them in the charter of privileges, it was not likely that they should maintain the union any longer than was absolutely necessary. But as they were granted three years in which to decide, they tarried a little to hear the arguments and exhortations of the Governor and provincial members, who made every effort to retain them. Towards the close of the year 1702 the contest suddenly assumed a new shape. A number of the provincial members grew weary of the annoyance caused by the continual agitation of the territorial members, and they demanded a separate Assembly, according to the terms of the charter. The Governor remonstrated that such a step could only produce the most direful results, in encumbering the commercial relations then smoothly maintained with the mother country; but, most important of all, as the proprietor was then in England for the purpose of securing his title to the lower counties, which had been disputed by others, a separation at that moment might prove especially disastrous by weakening his claim. Moreover, the application had been made on the 8th of October, and as the charter required all elections to begin on October 1st, the Governor insisted that a new Assembly could not be elected until the 1st of October should again recur. They replied that this difficulty could easily be avoided by the issuing of the Governor’s writs, but this official pointed out that the lower counties would now complain that they had been thrown out without notice, and the objecting members promised to postpone further action until a conference could be held with the Council. At the conference it was again argued that, as the lower counties had not yet elected members of the Assembly, thereby signifying that they would not accept the charter, it would be better to give them an opportunity to issue writs of election, which would require very little time, before they were abruptly cast off, so that their members might be heard. The dissenting members of the province agreed to reconsider their determination, provided the Governor would adjourn them for one month. This was accordingly done, and the Council reassembled on November 16th. In the mean time members of the Assembly had been elected for the lower counties, but those who had reached Philadelphia informed the Governor that they could under no circumstances sit with the members elected for the province. The provincial members had been elected under a charter which the territorial members refused to recognize, and for their own election writs had been issued. Considerable time was spent in arguing, but without result. When the representatives met in the afternoon at Samuel Pere’s, according to the Governor’s instructions, it was found that the territorial members were not present. Griffith Jones and John Swift were sent to inform them that the Governor desired their attendance, but returned with the message that they "had waited on the Governor for some time, and had now withdrawn to refresh themselves, and would to-morrow wait on the Governor, if there were occasion." There was no alternative but to adjourn, although much against the will of some of those present. On the next day, November 17th, the representatives from both the provinces and territories met according to appointment. Owing to the different methods which had been employed in electing the members of the two sections of the province, it was agreed that they could not meet as an Assembly. It was suggested that they might meet as representatives of the people, or as a convention, but no conclusion could be reached on account of the firm position taken by the territorial members. They, however, sent to the Governor, stating that they were by no means lacking in loyalty to the Queen, and were not desirous of shirking their fair share of duty and responsibility, and if there was anything of great importance which he had to lay before the Assembly, requiring the joint action of the province and territories, it might still be possible to bring about some form of accommodation. The Governor answered that the two questions which he desired particularly to call to their attention were the orders lately received from the Queen, and the defenseless condition of the province, exposed, as it was, to the attacks of enemies on all sides. But these matters were not sufficiently grave to accomplish the desired end, and this was reported to the Governor on the 18th, by Joseph Growdon, on behalf of all the members. The provincial members asserted their willingness to meet the others, but the latter now held that as the writs by which they were elected were based on the charter, a recognition of the validity of this election would also imply their acceptance of the charter, which they were not prepared to do. The Council then passed a resolution to the effect that as the members for the lower counties had consented to be elected under a writ grounded on the charter, it was now too late to refuse to admit its force, and they might as well proceed to business with the other members. On the 19th the Council sent a message to the Assembly, containing three questions, as follows: 1st, are the representatives of the province willing to meet the representatives of the territories for the purpose of forming an Assembly? 2d, are the representatives of the territories willing to meet the representatives of the province for the purpose of forming an Assembly? 3d, if either refuse, what methods do they propose for the formation of an Assembly to prevent the province from suffering, when such grave questions remain unconsidered? The provincial members immediately replied, expressing themselves as both willing and desirous of acting in Assembly according to the direction of the charter. The following reply was submitted by the members for the lower counties:
"The said members finding that they are called here on a different foot with those of the upper counties cannot, if there was no other obstacle, join with them in legislation, but are cheerful and willing when warrantably convened to proceed in assembly to answer her majesty’s commands, and such other matters of importance as shall then be laid before them, though they will not presume to direct the government in what methods to convene them, they supposing it not their business, but that of those who rule over them.
"Robert French, Richard Halliwell, Jasper Yeates, Evan Jones, Thomas Sharp, John Foster, John Hill, Joseph Booth."
On the advice of the Council, the Governor dismissed the whole body until intelligence should come from England recommending further action. All the members of the province then united in a petition to the Governor, again requesting a separation, and the election of members for a separate Assembly, with two additional members for Philadelphia. Governor Hamilton died soon afterwards, after having devoted the whole of his brief administration to a futile attempt to unite the discordant elements of the province, much to the neglect of other important business. The management of affairs now devolved on the Council, of whom Edward Shippen was president. When the time for convening the Assembly, according to the charter, came around, in October, 1703, the members for the three counties of the province, with two members for Philadelphia, presented themselves for qualification by the Council to proceed to business in the new Assembly. Governor Hamilton had died without taking any action on their petition of the previous year, and the Council was at a loss to know what authority it had in the matter. After some delay, the Council qualified them, and on October 15th they organized themselves into an Assembly of the province.
John Evans arrived with his commission as Lieutenant-Governor at the close of the year 1703. His first care was to examine into the causes of the disruption between the province and territories, with a view to reuniting them if possible. The Governor increased the number of members of the Council, adding several members from the lower counties, prominent among them being William Rodeney and Jasper Yeates. He also secured the passage of a resolution by Council, deprecating the measures already taken toward a dissolution of the union, and advising the most earnest endeavors to keep them united, both in legislation and administration. Governor Evans then went to New Castle and held a conference with the most prominent citizens, and it was arranged that the lower counties should elect members for an Assembly, to meet the Governor at Philadelphia in April, 1704. The elections were held in March, and were very exciting, especially the one at New Castle, the candidates being James Coutts and Richard Halliwell. On April 11th, in accordance with the Governor’s orders, the members of the province and those from New Castle and Kent Counties appeared before the Council, those from Sussex not having arrived. The provincial members refused to confer with the Governor in the presence of strangers, and the members from New Castle and Kent then withdrew. The Speaker of the Provincial Assembly then gave the Governor the most sincere assurance on behalf of the whole body of their desire to obey any commands he might have to lay before them, either from the crown or the proprietor. When the Governor suggested that they act in conjunction with the members for the lower counties, they insisted that this would infringe on their rights as an Assembly, and declined to yield, but finally withdrew to their chamber to consider the state of affairs. On April 12th the two bodies were brought together before the Governor, who delivered a written address, setting forth the benefits of harmony and unity, and strongly beseeching them to reconsider the steps taken in the past, and once more to unite. Direct negotiations were then begun between the Assembly of the province and the members for the three lower counties. Two days were thus occupied, and on the 14th the Governor received the following address, signed by the members who had been elected from New Castle, Kent and Sussex:
"To the Honorable John Evans, Governor of Pennsylvania and the three lower counties:
"The humble address of the freemen of the said counties:
"May it please your Honor:
"In obedience to your writs for electing representatives to serve in assembly for our counties, we have, according to our duties and the trust reposed in us by the freemen of the same, made our appearance before your honor, on the 10th instant, to have acted legislatively in assembly. But when we did observe by your Honor’s speech to the representatives for the province and territories that you judged it fit that all endeavors should be used, in the first place, for uniting of your government in one assembly, being very sensible of the respect we owe your Honor, and being very well satisfied that you did at that time propose matters of the greatest import towards the interest, quiet, and prosperity of the government, have accordingly used our utmost endeavors for an accommodation with the representatives for the province, as your Honor may see by our proposals to them, hereunto annexed, and since we are assured that our endeavors cannot prove successful on that account, as by their answer delivered unto us (a copy of which we have likewise affixed) does plainly appear: "We therefore do humbly lay before your Honor’s consideration the necessity there will be for to fall upon methods for a speedy and effectual settling our counties in a regular method of government, that justice may be duly administered, the people preserved in their rights and liberties, and your Honor’s expectation from us answered; the which we think we have no reason to doubt, considering we are sensible that all your Honor’s actions, since we had the happiness to be under your government, have so plainly demonstrated that your chief care is to promote the welfare and prosperity of the same. We conclude your Honor’s most humble servants.
"John Hill, William Morton,
Wm. Bagwell, Arth. Meston,
Robert Burton, James Coutts,
Richard Painter, John Healy,
William Rodeney, Roolof D’Haes,
John Brinkloe, Isaac Gooding."
The proposal referred to in this address was a simple agreement on the part of the members from the territories to unite with the province, on condition that the number of representatives for each should be equal, as had always been the case. They further stated that they had assembled at Philadelphia in pursuance with the Governor’s instructions, fully expecting to be joined by the provincial members, and they hoped nothing would prevent such meeting. The provincial members, in their reply to this, declared that the assertion that the territorial members had come to join them in Assembly was mere pretense, as it was they who had accomplished the disunion, and refused to recognize the charter, and consequently the province was firm in its purpose to retain its new Assembly distinct from that of the lower counties, but at the same time they hoped that friendly and neighborly relations would always be kept up between them for the safety and welfare of the government.
It will thus be seen that the positions formerly taken by the respective parties to the controversy had now been exactly reversed. It was the province which now wished to withdraw, and the territories that desired to continue the union. Yet it does not seem that they cherished any very fond desire for a reunion; but seeing that such a thing was now beyond hope, and that the province had assumed the lead in the cry for separation, they were anxious that their northern brethren should be in a position to bear all the odium that might result from any future ill effects of the disunion. When the Governor had received the ultimatum of the lower counties, he still thought that an agreement might be possible, and requested all the parties concerned to meet him on the following day for a free conference. Governor Evans once more earnestly and eloquently repeated the arguments which he had so frequently submitted before. But all to no effect. The Governor agreed to the separation, and from that time it was complete. The next step was to organize the Assembly for the lower counties. The opinion of Judge Mompesson being asked, he decided that it would be better to issue new writs for elections, and avoid any possible broils, and also ruled that all laws which had previously been enacted by the joint Assembly of province and territories were now in full force in each separately.
The first Assembly of the three lower counties met in November, 1704. Most of the members who had been elected on the original writs were re-elected, and James Coutts was chosen Speaker. The most important laws enacted by the new Legislature included a measure providing that seven years’ possession of land should give unquestionable title thereto, except in the case of infants, married women, lunatics and persons beyond the seas, and also those who possess estates for a term of years, for life or entail. A law was also passed for the prevention of abuses in the administration of justice, and fixing an oath for attorneys and solicitors, and also a law for regulating weights and measures according to the Queen’s standard for the exchequer. As soon as the Assembly had convened at New Castle, a few intriguers instituted a plan for an absolute separation from the province. James Logan, who accompanied the Governor to New Castle, as secretary of the Council, wrote to Penn that "Judge Guest, with the designing men of this place (New Castle), seem to endeavor an utter separation, and that this alone may be made the mart for all the people below."** Guest was an ambitious scamp who sought personal ends from the accomplishment of this scheme, which met with deservedly little support at that time.
The Assembly before adjourning confirmed all previous laws, and also increased the number of members of the Assembly from four to six for each county.
Governor Evans was much irritated at his failure to unite the province and territories, and gave vent to his petty spite against the former, who had been the last to object, by continually interposing obstacles to prevent any facility of action by their Assembly. During the summer of 1704 he had issued a call for militia on account of the war then raging between England and France and Spain. Three companies were raised in New Castle County, two in Kent and the same number in Sussex, but in the province considerable difficulty arose over this order, owing to the number of Quakers who held conscientious scruples against bearing arms. Governor Evans became highly indignant at this, and when over a year had elapsed, and the people still held out against taking up arms (as they held) unnecessarily, Evans resorted to a curious plan for terrifying them into obedience. He selected Thomas Clark, an attorney of Philadelphia, and Robert French, of New Castle, as his associates. The annual fair was in progress at Philadelphia, on May 16, 1706. The fair was a great institution of the colonial period. Everybody, young and old, assembled in holiday attire, and it was a gala time for gayety and rejoicing. French, who was stationed at New Castle, sent up a messenger to the Governor, apparently in a great state of fear and consternation, informing him that a number of hostile vessels had come up the bay, and the people were in imminent danger of being attacked, and their property pillaged. Messengers had been previously stationed about the city, and at once hastened to spread the news, to the great terror of the people. The Governor rode through the streets with drawn sword, apparently much agitated, beseeching the citizens to offer all possible assistance in the emergency. But through some unknown agency the secret became known and the plot failed, the only effect being to frighten a few people farther up the river, with whatever valuables they could carry with them, while the Governor’s action met with the universal condemnation, and placed him in general disfavor with the people.
In November of the same year, at the secret suggestion of the Governor, the Assembly of the lower counties authorized the erection of a fort at New Castle for Her Majesty’s service. A duty was imposed on all vessels passing the fort in going up the river from the sea, consisting of a quarter of a pound of powder per ton for all vessels owned by persons residing on Delaware River or Bay, and a half a pound for those owned by all others, excepting only ships of war. In addition to this, all vessels passing in either direction were required to drop anchor, and the commander must go on shore, report and secure leave to pass. The penalty for the neglect of this regulation was fixed at a fine of five pounds, a forfeiture of five pounds for contempt, and twenty shillings for the first gun, thirty for the second, and forty for every one thereafter that it might be necessary to fire at them on account of such neglect. This measure naturally met with much opposition from the province, the citizens of which denounced it as a bold infraction of their privileges, intended only to destroy their trade. The people of Philadelphia were particularly loud in their complaints, declaring that the tax might as well be imposed on the goods in their shops as upon the vessels bringing them to the city, and they held that their charter granted them a free and uninterrupted use of the river and bay without any interference whatever. The law was nevertheless passed, except that the provision requiring vessels owned on the river and bay to pay duty was omitted.
The Philadelphians openly declared that they would not pay any duty whatever. The fort was erected in the winter of 1707 by Captain Rednap, the Queen’s engineer, who was brought from New York by the Governor for the purpose. When everything was in readiness, and several fines had been collected by the authorities at the fort, Richard Hill, of Philadelphia, determined to test the strength of the place by boldly defying the orders. His new sloop, the "Philadelphia," was just preparing for her first voyage to the Barbadoes. The master of the vessel was ordered by the owners not to stop at the fort. He went to the Governor, requesting permission to pass, but this was refused. Hill then informed the Governor that his vessel would pass, notwithstanding his refusal. The Governor at once set out for New Castle on horseback to notify them of the expected arrival of the vessel, and a watch of ten men was stationed on the shore, lest she might pass unnoticed under cover of darkness. Hill, being afraid to trust the master, boarded the sloop and took with him Samuel Preston and Isaac Norris, who were also part owners. The vessel was duly cleared at Philadelphia, and when they reached New Castle, Preston and Norris were sent to the fort to request permission to pass without further interruption. This was denied unless they would comply with the regular requirements of the station. Hill then took command of the vessel, and passed the fort under the fire of its guns, receiving no damage except a shot through the mainsail. When they had passed, John French, the commander of the fort, put out after them in a boat, and when he came up Hill willingly threw him a rope. French climbed up, the rope was cut, and he was taken prisoner by the owners of the sloop. Lord Cornbury, the vice-admiral of the Queen’s fleet, happened to be lying at Salem, and French was delivered over to him, and after a severe reprimand was liberated. On May 19th about two hundred and twenty inhabitants of the province, mostly residents of Philadelphia, presented a petition to the Governor protesting against a continuance of the fort as an infringement upon their liberty which was was not granted, but in fact denied, by the charter of the Duke of York. A long discussion ensued in the Council, most of the members objecting, not to the fort, but to the exactions, and the Governor was finally forced to promise a suspension of the objectionable features of the act. His position in favoring it, however, had already produced a stronger feeling than before against him, and several petitions were sent to Penn requesting his removal, which were at length complied with about the middle of 1708, when news was brought announcing that he had been superseded by Charles Gookin.
Evans had just purchased a farm at Swanhook, near New Castle, and had made extensive improvements, and was, therefore, not a little indignant at his peremptory removal. Some of those in the lower counties who had formerly acted with Judge Guest, hearing that Evans had been removed, and knowing his partiality for the territories, supposed that he would gladly assume the head of their government if they could be entirely separated from the province. They prepared another scheme for carrying out this idea, but found to their dismay that Governor Evans fostered no such ambition. On the contrary, in a communication to the Assembly at New Castle, delivered shortly after this, the most patriotic sentiments are found, together with wholesome advice for defense and other measures equally necessary. Much to his surprise, he received in reply to this an address from the Assembly questioning his authority to act at all, on account of the doubts which existed in the minds of members of the Assembly as to the legality of Penn’s title to the lower counties. This was an old question which was periodically raised in the territories, and then quietly allowed to drop. Governor Evans responded that he had not the least doubt as to the validity of his commission, but as his office was so soon to devolve on another, he would not take the time to vindicate it. At this point a number of members took the part of the Governor and withdrew from the Assembly, breaking up the House. They were Richard Empson, of New Castle, Joseph Booth, of Kent, and Thomas Fisher, Cornelius Wiltbank, Philip Russell, William Fisher, Nicholas Grainger and Ad. Johnson, of Sussex. They insisted that the action of the other members in raising a question as to the Governor’s authority was uncalled for and unreasonable, and that his answer was exceedingly appropriate. They feared that the members intended harm rather than benefit to their form of government, or at least anticipated some change, and to avoid any connection with such a movement they thought best to withdraw. As Governor Gookin soon arrived, the members quietly returned. In addition to the troubles already mentioned, much annoyance was caused by the depredations of the pirates, negotiations with Indians and disputes over the boundaries with Maryland, but these topics have been treated at length elsewhere. Penn had not despaired of a reunion, and in his instructions to the new Governor he recommended an attempt to secure this end. To those in the colony, however, it was evident that this was no longer possible. The breach between them had become too wide. But after a few years the two Assemblies learned to cease their policy of intermeddling, and the government was conducted very peaceably. As early as 1709 we find the Assembly of the province passing a resolution of sympathy with the inhabitants of Lewistown, owing to the suffering recently borne by them from an attack by the enemy.
When the lower counties put an end to their quarrels with the province, however, they began new ones with the proprietor. The particulars of the new intrigues show that among the early colonists of Delaware there were those who were by no means destitute of political astuteness. Some of the most prominent men in the territories drew up an address early in 1709 to the Lords of Trade and Plantations, who managed all the British colonies, complaining of Penn’s management of the three counties upon the Delaware. They avowed that because of the proprietor and the Quakers they had not sufficient power for enacting the laws necessary for the public good; that they were left in a defenseless condition, and had not had provincial courts among them for seven years. This address was signed by nine members of the Assembly, including James Coutts, Jasper Yeates, Richard Halliwell and Robert French. Coutts had hitherto always been considered a stanch friend of the proprietor, and his sudden change of policy occasioned much surprise. Yeates, however, was the instigator of the new enterprise. He had moved from Chester to New Castle, and had there started a business venture on an extended scale. The town was not considered healthy at this time and did not prosper, and the people in the country much preferred to go to Philadelphia to transact their business than to stop at New Castle. Yeates saw that some barrier must be placed between the seat of his new venture and Philadelphia, to materially check communication between the two places. This was either to be done by making New Castle the capital of a new province consisting of the three lower counties, or allegiance with Pennsylvania must be severed, and an alliance made with some other colony, the situation of whose capital would not interfere with the commercial progress of New Castle. Yeates was shrewd and influential, and secured the assistance of many others. Although the relation between himself and Coutts had for some time past been somewhat strained, he soon found an opportunity to bring about a reconciliation, since Coutts was at this time by far the most influential man in the lower counties. Their object was simply to secure a separation from Pennsylvania. Coutts signed the petition as Speaker of the Assembly, although it had never been brought before that body and was strictly a private affair, and took it to London himself. Penn was kept informed of every movement through Secretary Logan and was well prepared for his arrival, although he had at length lost patience with the territories. But this scheme, like its predecessors, came to naught. Toward the end Coutts attempted to secure the government for himself through bribery, and his co-operators, afraid of his power, again offered Governor Evans the leadership, but he persisted in his refusal. In consequence of this, a dispute arose, which completely disorganized the schemers, and there the matter ended. It is difficult to see that any particular advantage would have been derived, unless to the chosen few. The three counties were not yet sufficiently prosperous to succeed as an independent colony. It was estimated at the time that each county contained from one hundred to a hundred and twenty families, hardly enough to support a well regulated government when surrounded on all sides by others more powerful in respect to numbers and experience. After the excitement incident to this last trouble had subsided, the people quietly settled down, and for the next few years nothing occured to mar the citizens in their peaceful pursuit of happiness and contentment. The period, however, is at least noteworthy as being marked by a rapid development of the church. As early as 1703 a colony of Welsh Baptists had settled on what was then called "The Welsh Tract," but now known as Glasgow, lying between Delaware City and Newark, and about ten miles from Wilmington. They secured about thirty thousand acres from Messrs. Evans, Davis and Willis, who had purchased it from Penn, and at once proceeded to erect a meeting-house. This was finished in 1706, the first pastor being the Rev. David Evans, a native of Wales. Under his care the church slowly increased, and each year the membership increased, either through additional arrivals from Wales or by the baptism of settlers. At New Castle the same progress was noted. The Rev. George Ross was appointed missionary at that place in 1705. He started a congregation there and met with great success, as among the regular attendants at service were numbered many from the surrounding country, some coming as far as ten or twelve miles. Encouraged by this, he extended the field of his labors to Apoquinimy and White Clay Creek, preaching twice during each month at New Castle, and once at each of the other two places named. Richard Halliwell, who had contributed largely toward building the Emanuel Church on the Green at New Castle, bequeathed sixty pounds for its support, and also gave his plantation of sixty-seven acres, with finely-improved houses and orchards, as a parsonage for the ministers who should from time to time serve the church.
The missionaries who were here settled were sent from England by the Society for the Propagation of the Gospel in Foreign Parts. Their work in Kent and Sussex Counties was not so easy, owing to the fact that the country was far more sparsely settled and the people scattered farther apart than in New Castle. But this had not deterred them from sending out their agents. In 1704 the Rev. Mr. Crawford was stationed as missionary at Dover. In about two years he baptized two hundred and thirty people in his immediate district, besides many others in the vicinity. At the end of the third year they had erected a modest structure in which to hold their meetings. He labored assiduously, being obliged to give many sufficient instruction to enable them to read the common prayers. His plan was to preach one Sunday at the upper end of the county, on the next at Dover, and on the third at the lower end, thus coming in contact with as many of the inhabitants as possible. He was also invited to preach in Sussex County, and in response to this, preached at Captain Hill’s house, at Lewistown. The people were much pleased and wrote to the Bishop of London, asking that a Minister be sent to them, and promising all the support they could afford. The construction of a meeting house was also commenced there. Mr. Crawford was soon after compelled to return to England and did not return, and for some time neither of the two counties had a regular minister.
In August, 1717, Governor Keith, who had a few months previously succeeded Governor Gookin, desirous of visiting the lower counties, invited Mr. Ross, who was still in charge of the spiritual affairs of New Castle, to accompany him. In company with several others, they first went to Lewistown, and on August 7th Mr. Ross preached there in the Court-House. He remained there several days, baptizing over fifty children, and then went to the various meeting-houses which had already been erected in the county. He then went through Kent County with the Governor and met with similar greeting. He was so much gratified at the result of his visit, that in April, 1718, he again went through Sussex County, opening a new church that had been built and baptizing many new members. Consequently, the two lower counties were not absolutely without a minister. Mr. Ross addressed a letter to the society in England. urging that a missionary be sent out, and this was indorsed by Governor Keith. The people of Lewistown had, in Oct., 1720, finished a frame church in the centre of the town and were much rejoiced when, in the following year, the Rev. Mr. Beckett arrived from London to take charge of it. The same success followed which his expectations anticipated, and the work being now on a firm basis, the progress of the Church of England (all the missionary work being independent of the large number of Quakers in the colony) was now well established.*** In the meanwhile the civil affairs of the lower counties had not been neglected. When Governor Keith arrived, in 1717, he immediately examined into the affairs of the territories, and upon the close of his investigation added another member to the Council from the lower counties, in the person of John French.
In 1719 the Assembly passed an act for the better administration of justice, some of the provisions of which are hardly equaled by the famous blue laws of Connecticut, of the seventeenth century. In one respect, however, the act exhibited a tendency toward toleration, viz.: by allowing Quakers to affirm, as well as all others who might be conscientiously opposed to taking an oath. In this they anticipated similar action by the Assembly of the province by six years, for it was not until 1725 that the Pennsylvania Assembly relieved the Quakers from taking oath. By the terms of the new law, all persons committing robbery, sodomy, buggery or rape were made felons, and punished according to the law of England (punished by death). Any woman who concealed the death of her bastard child, or any person advising or assisting the woman in killing the child, was guilty of a capital offense and suffered death, as in the case of murder. Any person who cut out or disabled the tongue, put out the eye, slit the nose or lip, or maimed the limb of another, suffered the death penalty, without benefit of clergy. Women convicted of felony might escape the death punishment, and instead were branded on the hand and imprisoned. The subornation of witnesses was punished by a fine of forty pounds, one-half to go to the government and the other to the aggrieved party. In case the offender could not procure the necessary amount in money, land or chattels, he suffered imprisonment for six months, and was placed on the pillory for one hour in some public place where the offence was committed, and also suffered any other punishments or disabilities inflicted by the law of England covering the same crime. Any person convicted of a felony made a capital crime by the act, but who was entitled by the law of England to the benefit of clergy, if convicted of murder, was taken in open court by the gaoler and branded with an "M" on the brawn of the left thumb, and with a "T" for any other felony. These were the most noteworthy features of the law, which, at least, leaves us to infer that the people were earnestly bent on the suppression of vice.
During the same year the Assembly devoted their attention to more material affairs, especially endeavoring to encourage the construction of mills. It was enacted that in case any one projected building a mill, but was unable to conveniently convey water to his property on account of the intervention of land belonging to another party, which the latter was unwilling to dispose of, he might apply to two justices of the peace for relief. The justices of the peace were to instruct the sheriff to summon six freeholders, who should fix upon the value of the land, and also the loss likely to be suffered by the owner, but they had no jurisdiction in cases where the disputed ground amounted to more than six acres in New Castle County, and to two acres in Kent or Sussex.
In 1719 permission was granted to Benjamin Shurmer, William Brinkloe and Richard Richardson to survey the town of Dover and lay it off in lots.
In 1721 Jasper Yeates died, and the vacancy in the Governor’s Council was filled by the appointment of Henry Brooke, who had formerly been collector of customs at Lewistown.
During the next five years there was much activity in the lower counties, and many progressive measures were instituted. In 1722 an Orphans’ Court was established, to meet what had for some time been felt an absolute requirement. This new court of record was presided over by the justices of the peace, who met in regular Quarter Sessions in each of the three counties and during the same week that other courts were held, and at such other times as were necessary. They controlled such matters as are usually confided to similar tribunals, but were not allowed to admit any letters of administration in which no bond was required, and no administrators or guardians were allowed to place the money of their wards on interest without renewing for a longer time than one year. Shortly after this the legal rate of interest was reduced from eight to six per cent., and the penalty for a violation of the act was forfeiture of the whole sum loaned. About the same time the authorities of New Castle County removed the obstructions in the Brandywine that interfered with the fisheries, and a new outlet was cut for Murtherkill Creek into the bay, in Kent County.
Governor Keith was succeeded by Patrick Gordon on June 22, 1726. He went down to New Castle on the 28th, where a meeting of the Council was held, and summoned the Assembly to meet him on July 20th. At a meeting of the Council on July 25th he issued commissions to David French as attorney-general for the three lower counties; to John French and Samuel Lowman in New Castle County, Robert Gordon and Benjamin Shurmer in Kent, and Henry Brooke and Jonathan Baily in Sussex, as judges of the Supreme Court, and also commissioners of Oyer and Terminer and General Gaol Delivery in their respective counties. The justices appointed for New Castle County were John French, Robert Gordon, Joseph England, Charles Springer, John Richardson, James James, William Battell, David Evans, Andrew Peterson, Ebenezer Empson, Hans Hanson, James Dyre, Samuel Kirk, Richard Grafton and Simon Hadley. Those for Kent were Robert Gordon, Benjamin Shurmer, Richard Richardson, Charles Hillard, Thomas French, Mark Manlove, Timothy Hanson, John Hall, James Worrell, Joseph Booth, Jr., John Brinkloe, Thomas Berry, George Nowell, John Houseman, John Tilton, William Manlove and Hugh Durborrow. Those for Sussex were Henry Brooke, William Till, Philip Russell, Samuel Rowland, Woolsey Burton, Simon Kollock, John May, Jeremiah Claypoole, Jacob Kollock, Thomas Davis, John Jacobs, Samuel Davis and Joseph Cord. The last-named list of justices, however, soon underwent a change, for when the Council met at Philadelphia, on September 23d, the Governor announced that Alexander Molliston had entered a complaint against Justice William Till, who, he declared, had used his influence on the bench so as to utterly prevent the complainant from obtaining employment and supporting his family. It was then learned from members of the Council that Till had on a previous occasion opened and kept a letter sent from Philadelphia to Robert Frankland, surveyor of Sussex County, and that at a recent meeting of the Assembly of the lower counties he had used language highly disrespectful to the proprietary family. Till was, therefore, removed and Richard Hinman added, in his place, to the list of justices. At the same time John Rhodes, Robert Shankland, George Walton and Enoch Cummings were appointed, vice Simon Kollock, John May and Thomas Davis. As the result of the October elections held shortly afterwards, for sheriffs and coroners in the various counties, commissions were issued to John Gooding, sheriff, and Morgan Morgan, coroner, of New Castle County; William Rodeney, sheriff, and Edward Jennings, coroner, of Kent County; Rives Holt, sheriff, and Samuel Davis, coroner, of Sussex County.
During the latter part of 1726, and early in 1727, the Assembly of the lower counties passed many important measures. All vessels having on board sickly persons, or coming from places where there existed a contagious disease, were not allowed to come within one mile of the shore until they secured a permit from the Governor or two justices of the peace. Laws were also passed obliging all witnesses legally summoned to testify against the destruction of landmarks; against the construction of dams across rivers and creeks, except for mills; against defacing or counterfeiting seals and charters, inciting riots and holding unlawful assemblies. A measure of more importance, however, was the special form of trial furnished for negroes. The Governor was to commission two justices of the peace in each county, who, with six of the most able freeholders in the neighborhood, should form a board for the trial of all negro or mulatto slaves. In case the negro was convicted of a capital offense and suffered the death penalty, he was at once appraised by the same judicial board, and two-thirds of his value paid to the owner out of the county treasury. The punishment of the negroes for meeting in bodies numbering more than six, or for carrying arms, was twenty-one lashes on the bare back. If convicted of stealing, the slave was lashed at the discretion of the board, while his master was compelled to make reparation for the stolen property. The punishment for an attempt at rape upon a white woman was rather revolting, the negro being forced to stand in the pillory at the court-house for four hours, on some court day, with his ears nailed to the frame, and before he was let down they were cut off close to his head.
For the better security of debts, the Assembly authorized the sale of land when the personal estate was insufficient to meet the liability, unless the rent of the land would prove to be great enough to meet the claim in seven years, in which case the creditor was obliged to wait that time. But by far the most important measure of this period of legislative activity was the establishment of a regular system of law and equity courts. There was first the court styled the General Quarter Sessions of the Peace and Gaol Delivery in each county, and was held four times in each year. It was held at Lewistown on the first Tuesday in February, May, August and November, at Dover on the second Tuesday in the same months, and at New Castle on the third Tuesday. This court was presided over by the justices, or at least three of them, regularly commissioned by the Governor, who were also empowered to hold special or private sessions whenever they deemed fit, or to take recognizance of misdemeanors out of the regular sessions, and bring them before the court at its regular meeting. Such cases as were not within their jurisdiction they took to the Supreme Court of Oyer and Terminer. The General Quarter Sessions was held for three days at each of its regular meetings, and to expedite matters the writs of any justice were applicable in all the counties. There was also a Court of Record held twice during each year in every county. The days for holding this court were the 5th of October and the 21st of April at New Castle; the 9th of October and the 25th of April at Dover; the 13th of October and 29th of April at Lewistown; but when either of the dates named fell on Sunday the court met on the following day. This court was known as the Supreme Court of the Counties of New Castle, Kent and Sussex upon Delaware. It was presided over by three judges commissioned by the Governor, one of whom was the chief justice. Each of them, however, had full power to issue writs of habeas corpus, certiorari, writs of error, etc. The jurisdiction of this court was rather broad, but in general it was a court of appeal, considering cases brought from the Court of Quarter Sessions, or any other on a writ of error, or appeal, or otherwise. Besides these there was a County Court of Common Pleas, held quarterly at the same times and places as the regular Quarter Sessions. The Governor issued commissions to competent justices, not less than three, who presided. They held pleas of assize, scire facias, replevins, informations and actions upon penal statutes, and heard all such cases as ordinarily come under the jurisdiction of similar courts. The same justices who sat in the Courts of Common Pleas were also required to sit quarterly, at nearly the same time that the Common Pleas were held, as a Court of Equity. The prothonotary of the Common Pleas Court was also register of the Court of Equity. They considered all cases in equity and any other matters coming under the control of Chancery Courts. This remained the constitution of the court until 1760, when material changes were made.
In March, 1727, the old bugbear concerning Penn’s title to the lower counties was once more started. Governor Gordon had spent some time at New Castle, and while there had secured documentary evidence that John French had been spreading reports derogatory to the proprietary’s family and their authority over the lower counties. When the Governor returned to Philadelphia he laid the facts, as well as the papers, before the Council, and although it was not proven that French was making any attempt to overthrow the government, or advance any claim of his own, he was, nevertheless, removed from the Council. While in New Castle, however, the Governor had learned that William Till, who had been removed from the magistracy of Sussex County in the preceding year, had since been conducting himself very satisfactorily, and had done good service in the late Assembly. He had admitted his error, and declared that he had been imposed upon. He was, therefore, recommended for reinstatement, which was accordingly done, when the magistrates were commissioned in April. In that month the Council commissioned the following to be judges of the Supreme Court of the lower counties: David Evans, Richard Grafton, Robert Gordon, Benjamin Shurmer, Henry Brooke and Jonathan Bailey. The justices of the peace for New Castle and Sussex Counties were at the same time appointed for 1727–28, those for the former being Robert Gordon, John Richard, Joseph England, Charles Springer, Andrew Peterson, Hans Hanson, Simon Hadly, William Read, Thomas January, James James, Jr., Richard Cantwell, Joseph Robieson and James Armitage. Those from Sussex were Henry Brooke, William Till, Richard Hinman, John Roades, Woolsey Burton, Simon Kolluck, Samuel Rowland, John May, Jeremiah Claypoole, Jacob Kolluck, John Jacobs, Samuel Davis, Joseph Cord, Robert Shankland, George Walton, Enoch Cumings, and David Smith.
George I. having died June 11th, the proclamation of George II. was published at New Castle in September, it having been decided by the Governor and Council that it was unnecessary to proclaim the accession in each of the counties separately. Immediately upon the receipt of the intelligence an address of allegiance and submission to the new monarch was drawn up and signed by various magistrates and citizens of Kent, Sussex and New Castle Counties. The signers were Morgan Morgan, Enoch Morgan, Joseph Hill, Elisha Thomas, Rees Jones, Thomas Davis, David French, John French, George Ross, Robert Sparks, James Sykes, Henry Newton, John Van Gezell, Hugh Stevenson, John Hove, Samuel Griffith, Benjamin Burleigh, William Goddards, Robert Gordon, Richard Grafton, John Richardson, Charles Springer, Thomas January, William Read, James Armitage, James James, Jr., Samuel Shennan and Jeremiah Shennan.
The October elections for sheriffs and coroners in 1727 resulted in a choice of the same officers in all the counties except in Kent, where Thomas Skidmore replaced William Rodeney as sheriff. In the following year, however, William Read was made sheriff of New Castle County, in place of John Gooding; Moses Freeman instead of Thomas Skidmore, in Kent; and John Jacobs succeeded Coroner Samuel Davis in Sussex. A vacancy in several offices occurred in October, 1728, by the death of Colonel John French, and ten of the justices of the peace for New Castle County at once addressed a petition to the Governor, requesting that whatever appointments might be made, the officers selected should be residents of the lower counties. A petition was also received from Peter Evans, praying to be at once admitted to the office of probate of wills, having been appointed by Penn, but kept out by French. Evans, however, resided at Philadelphia, and in consideration of the petition just received from the justices, his petition was not granted. Robert Gordon was appointed to fill the position, and other nominations were made, as follows: David French, to be clerk of the peace and prothonotary of the Court of Common Pleas in New Castle County; William Read, to be clerk of the Orphans’ Court; and William Shaw to succeed French as attorney-general. There was nothing further of particular note which occurred to disturb the tranquil tenor of life in the territories during the next few years. Alexander Keith was appointed collector of customs at New Castle upon the death of Collector Lowman, in 1729. Later in the year a stir was created by a seditious newspaper article, which caused its publisher, Andrew Bradford, to be committed for court. The article was written by one of the missionaries sent out from England, named Campbell, who had been stationed in New Castle County, but had been forced to leave on account of unbecoming conduct. By way of revenge he had written the article mentioned, which contained numerous charges against the government of Pennsylvania and the territories, and advice to the people to revolt. He had shrewdly gotten out of the reach of the authorities, however, and had gone to Long Island.
The only indulgence in politics which was enjoyed by the people was their annual election for sheriffs and coroners in each county. But from the records of these officers it is evident that the holders of the positions were well able to manage their affairs, as those who got control of the offices in 1726 continued, with only a few changes, for four or five years, when a second lot came in, who repeated the same thing. At the elections in 1729 William Read was appointed sheriff, and Morgan Morgan continued as coroner of New Castle County; William Rodeney regained his position as sheriff of Kent County, and Samuel Berry was re-elected cornoer, and in Sussex, Rivers Holt was re-elected sheriff, while John Roades succeeded John Jacobs as coroner. In 1730 the old officers were all put out with the exception of Berry. The elections resulted in the choice of William Reid and Abraham Gooding as sheriff and coroner for New Castle County; John Hall and Samuel Berry for the same offices in Kent; and Simon Kolluck and Cornelius Wiltbank in Sussex. A nuisance which the people found themselves forced to abate was the rapidly increasing number of peddlers. Many complained that they were imposed on by the vagrants, both in quality and price, and as they paid no taxes, there was no reason why they should be allowed to have unlimited privileges. In 1731 the Assembly took the matter in hand, by prohibiting any one from engaging in this occupation without obtaining a recommendation from the justices of the County Court, and also a license from the Governor. In addition to this, they were required to give bond with at least one surety, and the cost of the license was fixed at twenty-five shillings for one who traveled in a wagon or on horse, and fifteen shillings for one traveling on foot. The elections in 1731 placed in office John Gooding and Robert Robertson as sheriff and coroner, respectively, in New Castle County. The old sheriffs were undisturbed in the other two counties, but the coroners were not so fortunate, Nicholas Loockerman replacing Samuel Berry in Kent County, and John Clowes succeeding Cornelius Wiltbank in Sussex. In 1732, Robertsen was defeated by Henry Gonne as coroner of New Castle County. There was no change in the sheriff’s office, nor in either of the offices in Kent, but in Sussex, Simson Kolluck and Joshua Fisher were elected sheriff and coroner. In the following year the only changes were that Henry Newton became sheriff of New Castle County, and Daniel Rodeney in Kent. At this time the dispute over the boundaries assumed a very serious aspect, but the border frays were quieted with less trouble than was expected.
In 1734 an important and fundamental change was made by an act regulating elections, as well as the number, of members of the Assembly. Thereafter the elections for members of the Assembly were to take place on the 1st day in each succeeding October, at the Court-Houses in New Castle, Dover and Lewistown, for the counties in which these towns were situated. Each county was then entitled to at least six representatives, but the Assembly might increase that number if it saw fit. Voting was made compulsory for all qualified electors, under penalty of a fine of twenty shillings. The Assembly thus elected met on the 20th of October at New Castle, and the only excuses for which the Governor was allowed to temporarily change the place of meeting was a raging sickness or foreign invasion. The qualifications for the right of suffrage, and also to hold office, were that the person should be a subject of Great Britain, and twenty-one years of age. He was also required to be a freeholder within the government of the lower counties and have fifty acres of land or more, twelve of which were cleared and improved, or in lieu of this he must have possessed forty pounds in money. But in any case, he must have been a resident for two years. Any person offering to vote who was not so qualified was subject to a fine of five pounds, and was not eligible to serve as a member during that year. This punishment was also imposed for bribery. Inspectors of election were chosen, one out of each hundred, and they, with the sheriff or coroner, acted as judges of elections. Every elector handed in the names of the parties for whom he desired to vote in writing; but if he were illiterate, one of the clerks in attendance at the polls was empowered to publicly write whatever names the elector should mention, and deposit the paper in the box. Any vacancies occurring were filled by special elections under writs issued by the Governor, or in case of his failure to issue them promptly, the Speaker of the Assembly was empowered to sign them. The sheriff then publicly announced the time and place of election, and posted notices on trees, houses, and even the Court-House and places of worship. The Assembly had authority to elect a Speaker and other officers, and was the judge of the qualification and election of its own members, impeached criminals, redressed grievances, passed laws and possessed other powers necessary for the conduct of a legislative body. The quorum was two-thirds. No member was allowed to vote before he attested to a rigid oath, in which he was obliged to swear allegiance to the King, his abhorrence for the doctrines of the Catholic Church, and his belief in the divine inspiration of the Old and New Testaments. Members of the Assembly received six shillings per day, and the Speaker ten, as well as a mileage of three pence, which was paid by the counties from which they were elected.
At the October elections in 1734 all the old officers were continued except Simon Kolluck, who was succeeded by Cornelius Wiltbank as sheriff of Kent. In 1735 John Gooding once more became sheriff of New Castle County, with Henry Gonne as coroner. In Kent, Daniel Rodeney and Nicholas Loockerman retained their offices, while in Sussex both officers were changed by the election of John Shankland for sheriff, and Daniel Nunez as coroner.
The year 1740 brought forth many new measures from the law-makers of New Castle, and some of them were of no little importance. A pound was in this year built at New Castle, and paid for by the people of the town. This was to check the nuisances suffered from horses and cattle running loose. Thereafter, if a stray horse or head of cattle were found on the property of a person whose fences were erected according to law, he might put the horse or cattle in the pound until compensated by their owners for whatever damage was done. Another improvement made at New Castle was the establishment of a regular market, and thorough regulations for its conduct. Philip Van Leuvenigh was appointed clerk, with authority to enforce conformity to its rules. Wednesday and Saturday were selected as the regular market days, and no one was allowed to buy or sell any provisions, except fish, milk and bread, anywhere but at the market-place on those days. On a breach of this rule the clerk of the market could levy on both purchaser and vender for the amount of the sale, and these fines were used for the benefit of the poor of the town. The regulations prohibited the sale of unsound beef, and the use of false weights. The size and weight of the loaves of bread allowed to be sold were fixed by the justices of the peace, and every baker was required to mark his loaves so as to distinguish them from others. No person was allowed to offer any meat for sale on Tuesdays and Fridays, except in the months of June, July and August.
It was also found necessary to appoint new trustees over the public land at Dover. The three who had been appointed in 1719— Benjamin Shurmer, William Brinkloe and Richard Richardson— had since died, and the absence of any one with authority to sell the land had been a serious drawback to the town. In their stead were appointed John Halliday, James Gorrel and Thomas Skidmore, who were authorized not only to sell all the land not yet disposed of, but also to confirm the titles of any sold by the former trustees.
The people at this time began to tire of the practice of re-electing sheriffs for a number of successive terms, but found that it was no easy matter to check. Many evils had resulted from the custom. The sheriffs had resorted to bribery, and it was also complained that their liberal distribution of intoxicating liquors usually transformed the polls into a howling mob of drunk and disorderly ruffians. Along with the many other additions to the statutes in 1740, the Assembly enacted a law prohibiting a sheriff who had served three terms to be re-elected until a like time had elapsed after the expiration of his last term, and at the same time heavy penalties were threatened on all who offered or accepted bribes in money, drink or in any form whatsoever. Another evil which received a check was the importation of paupers, in whom an extensive trade had sprung up. It was now made unlawful to import a convict or pauper into the territories without paying a duty of five pounds for each one, and giving bond in the sum of fifty pounds for his good behavior for one year. In the case of infants or lunatics and the like, the person importing them had either to indemnify the government or return them whence they came. Special collectors were appointed to see that these provisions were obeyed in each county. John Finney was appointed for New Castle County, John Holliday for Kent and Simon Kolluck for Sussex, and any vacancies were filled by a commission from the Governor.
An attempt was also made to decrease drunkenness, blasphemy and profanity. Drunkenness and mild profanity were punished by small fines, and the culprit was placed in the stocks for from two to three hours, but for blasphemy he was set in the pillory for two hours, branded on the forehead with a B, and then received thirty-nine lashes on the bare back in full view of the public. Inn-keepers were more strictly watched, and the prices of liquor and the quantity allowed to be sold were annually fixed by the justices in each county, and the lists were posted in each tavern. Minor measures were passed, fixing the time for killing deer and making it punishable to kill a deer or fawn from January 1st to August 1st. The height of post and rail fences was put at four and a half feet, and worm fences at five feet, and several other similar laws were passed at the same time.
About the middle of 1740 the lower counties had a lively experience with Robert Jenkins, who had counterfeited a large quantity of their paper money. Jenkins was a resident of Salem, New Jersey, and, in 1739, had gone to England with a number of the bills and offered Abraham Ilive, a printer at Southwark, five guineas if he would duplicate them, and promised a further reward when he returned to America. Ilive, it appears, had printed the bills, but informed on Jenkins. The latter shipped as a cook on a vessel bound for New York, and arrived in June, 1740. Governor Clarke, of New York, was awaiting his arrival, and nine hundred and seventy-one twenty-shilling notes were found in his possession, although none of them were signed. He was taken prisoner and Governor Thomas, of Pennsylvania, was notified. He was brought to Philadelphia, and on July 3d was examined by the Governor and Recorder Andrew Hamilton, but Jenkins firmly held out that the bills, as well as two phials of red and black ink taken from his trunk, were there when it was purchased, and he knew nothing of them until they were found secreted in the top by the authorities at New York. It was plain that he was guilty, however, and he was forthwith sent to New Castle, where he was tried and convicted.
In October the elections for sheriff and coroner in the three counties resulted in favor of John Gooding and Henry Gosne for sheriff and coroner of New Castle County, Samuel Robieson and Richard James for Kent, and Cornelius Wiltbank and John Wynkoop for Sussex. In 1741 the New Castle officers were re-elected, but in Kent County Edmund Badger succeeded Richard James as coroner, and in Sussex Peter Hall and Peter Clowes became sheriff and coroner, respectively.
The Assembly, in 1742, again passed a number of new laws with a view to preventing dueling, horse-stealing, burglary and other similar crimes. A measure deserving of more notice, however, and passed in the same year, was a jury act. The sheriffs in each county were ordered, on the receipt of proper writs from the court, to summon twenty-eight of the most able and substantial men in their bailiwicks to serve as grand jurors, and forty-eight as petty jurors, in the Court of Oyer and Terminer. For the Quarter Sessions they were to summon a grand jury in each county before the beginning of the May term, and this jury served during the year, but a petty jury was summoned quarterly, before each session of the court. But in case the sheriff was in any way connected with the parties interested in a suit pending before the courts, or was in any way disabled, his authority for summoning jurymen was transferred to the coroner.
An innovation that was now introduced was the appointment of wood-corders in every town and village in the counties. It was the duty of these officers to measure every cord of wood offered for sale and certify that the dimensions were such as were properly required. The corder received a six-pence from the purchaser for his labors.
The market at New Castle having proved a success, similar additions were made to Dover and Lewistown. The regulations were almost identical with those for the New Castle market, and the management was likewise placed in the hands of clerks. Thomas Nixon was appointed for Dover and Joshua Fisher for Lewistown.
An incident that occurred in 1742, while of no great importance, and yet giving evidence that the lower counties were progressing smoothly and harmoniously in their independent government, arose out of a quarrel between Governor George Thomas and the Assembly of the province. The Assembly had used rather harsh language in reference to the Governor, and an allusion had also been made to his allowances. In reply Governor Thomas employed the following language: "But before I proceed to a vindication of myself give me leave to say that you would have shown more exactness if you had distinguished between the perquisites of this government and those of the lower counties, for I conceive you have no more to do with what relates to that government than you have with the income of my own private estate. To that Assembly and their constituents I am pleased with making my acknowledgment for the provision they have annually made for my support, but more particularly for the justice they have done to my administration, for from hence it will be concluded by all unprejudiced persons that the names impostor, plunderer, invader of the liberties of the people, etc., etc., are the result of personal prejudice or a malignant party spirit."
Samuel Bickley and Benjamin Cook were this year elected sheriff and coroner of New Castle County. In Kent and Sussex the old officers held over.
In 1743 the method of raising taxes in the lower counties was subjected to a complete rearrangement. At the regular October election for members of the Assembly, the voters chose an assessor for each hundred, service being compulsory. On the Tuesday after the meeting of the Quarter Sessions in November, the justices in each county and eight grand jurymen, together with all the assessors for the county, formed themselves into a sort of finance board, and estimated the amount required to meet public expenses for the coming year. When this was determined they made out a list of items and the sum required for each, after the fashion of a regular appropriations bill. In August the county clerk directed the constables in every hundred or district in his county to prepare lists containing the full name of every taxable person and all other freemen within their districts. These lists were furnished to the board in November, and were used by them in assessing the property of the county. The assessments were posted by the county clerk, and four weeks after the board held its November meeting it again convened to hear any appeals from their assessments, or to correct omissions or other errors. At this second meeting they appointed a collector in every hundred for one year. The collector was paid at the rate of ten per cent., but where he was obliged to sell any property, or arrest a tax-payer by reason of his inability to collect, his fee was limited to three shillings sixpence in the first case, and four shillings in the second. The county treasurer received and disbursed these funds, and was allowed four per cent., and his accounts were examined annually by three members of the board. The justices, grand jurymen and assessors who formed the board in New Castle County were together allowed eighteen pounds for their services, those in Kent fourteen pounds, while twelve pounds was the allowance for the Sussex board.
Matters were very quiet throughout the lower counties for several years, and even the Assembly remained comparatively inactive. The elections for sheriff and coroner for 1744 placed Samuel Bickley and Benjamin Cook in those offices in New Castle County; Thomas Green and Thomas Parke for Kent; and William Shankland and Robert Gill for Sussex. The following year no change was made except in the office of Sheriff of New Castle County, which was filled by Gideon Griffith. In 1746, Gideon Griffith and James McMullin were elected sheriff and coroner in New Castle; John Hunter and George Goforth in Kent; and William Shankland and John Molliston in Sussex.
In 1747 and 1748 all the lower counties were kept in a great state of excitement, owing to the attacks of privateers, but this has been treated of in another chapter. In 1747 the road leading from Philadelphia to New Castle was the cause of much annoyance, owing to its bad state of repair and difficulty of improving it. At a meeting of the Council, on August 18th, two petitions were presented, one from George Gray, keeper of the lower ferry, and the other from a number of citizens of Chester County, asking that the road be repaired. The record of the road had been destroyed, and it was some time before the Council consented to have the road resurveyed, but directions were finally given for the resurveying of the road, which was now made sixty feet wide.
Late in the year a number of commissions were issued to officers in New Castle County, who, with others in the various counties of the provinces and territories, had begun to organize small companies for defense. The new officers were Captain William McCrea, Lieutenant Alexander Moody, Ensign Francis Graham; Captain Henry Dyre, Lieutenant Paul Allfree, Ensign Jerrard Rothwell; Captain David Steward, Lieutenant Jerome Dusheene, Ensign Isaac Dusheene; Captain George Gano, Lieutenant James Egbertson, Ensign Thomas Bennett; Captain David Bush, Lieutenant John McKinley, Ensign Charles Bush; Captain John Vance, Lieutenant John Vandyke, Ensign William Harraway; Captain Alexander Porter, Lieutenant James King, Ensign Samuel Allricks; Captain Edward Fitzrandolph, Lieutenant Alexander Chance, Ensign Joseph Hotham. To these were added, early the next year, Captain William Patterson, Lieutenant John Read, Ensign Thomas Montgomery; Captain William Danforth, Lieutenant Henry Colesbury, Ensign Peter Jacquet; Captain David Witherspoon, Lieutenant Alexander Armstrong, Ensign Anthony Golden; Captain James McMechen, Lieutenant Abel Armstrong, Ensign Thomas Ogle; Captain William Armstrong, Lieutenant James Morris, Ensign Thomas Philips; Captain Jacob Gooding, Lieutenant Jacob Vanbebber and Ensign David Howell. In May, 1748, still further additions were made from New Castle County by the issuing of commissions to Captain David Finney, Lieutenant Francis January, Ensign French Battle; Captain Evan Rice, Lieutenant James Walker, Ensign Charles Bryan, Sr.; Captain John Almond, Lieutenant Luloff Peterson, Ensign Luke Monuce; Captain Timothy Griffith, Lieutenant William Faries, Ensign David Rowland; Captain Archibald Armstrong, Lieutenant Thomas McCullough, Ensign Robert Pierce. Two regiments were organized in the county, and commissions issued to John Gooding, Sr., and William Armstrong as Colonels; Thomas James and William Patterson, lieutenant-colonels; and Jacob Vanbebber and William McCrea, majors.
In Kent County the appointments were to Captain John Vining, Lieutenant Thomas Parke, Ensign Richard Wells; Captain John Hunn, Lieutenant William Hirons, Ensign Mark Hirons; Captain Robert Blackshire, Lieutenant John Rees, Ensign William Rees; Captain George Martin, Lieutenant Jacob Allee, Ensign John Vanwinkle; Captain John Caton, Lieutenant Robert Catlin and Ensign Joseph Hodson. In August, New Castle County added Captain John Edwards, Lieutenant David Johns and Ensign Robert Stewart; and Kent, Captain David Marshall, Lieutenant David Clark, Ensign William Green; and Captain James Edwards, Lieutenant James Lewis, Ensign James James.
The elections in October, 1749, resulted in the appointment of John Vandyke and Samuel Silsby to be sheriff and coroner in New Castle County, Thomas Parke and William Blakiston in Kent, and Peter Clowes and William Shankland in Sussex. The two first-named counties retained the same officers in 1750, but Sussex elected William Shankland sheriff and Robert McIlwaine coroner. In 1751 George Munro and John Yeates were elected to fill the two offices in New Castle County. The two sheriffs were re-elected in Kent and Sussex but new coroners were elected, who were James Grey and John Rodeney.
The years 1751 and 1752 found the Assembly of the lower counties once more extremely active. One of the first matters of importance which received its attention was a new great seal for its government. The old seal had the word "Delloware" engraved on it, and as it was feared this might in time produce trouble, a new one was thought necessary. All papers stamped with the old one were declared to be perfectly legal, and Jehu Curtis, Benjamin Chew and Abraham Wyncoop were authorized to procure the new one. It was made of silver, was two inches in diameter and contained the arms of the King of Great Britain, the words "Counties on Delaware" and the date 1751.
As no building had yet been constructed for the market-place in Dover, Nicholas Ridgely, Andrew Caldwell and Thomas Alford were selected as a committee to lay off a square plot of ground in the middle of the court-house square on which to build a market-house. Thomas Clark was appointed clerk of the new market, and the regulations were made similar to those in New Castle. New trustees were in this year appointed for the general loan offices in the different counties. These offices had been in existence for two years, and originated in consequence of the re-printing, exchanging and re-emitting of twenty thousand pounds of paper money. The officers originally appointed were Jehu Curtis, John Vance and John McCoole for New Castle County, John Brinkley and Thomas Green for Kent, and Rives Holt and Jacob Kolluck in Sussex. Their duties comprised a general superintendence of the new issue of money, and each was required to give bond in the sum of one thousand pounds. The terms for which they had been appointed having now expired, Jehu Curtis and John Vance were reappointed in New Castle County and served with a new trustee, Richard McWilliam. In Kent County, John Vining and Andrew Caldwell were the new appointees, while both the old officers, Rives Holt and Jacob Kolluck, were continued in Sussex.
Steps were also taken toward the better maintenance of the bridges and highways in the different counties. The justices of the Quarter Sessions were instructed to appoint annually at the May session of the court one or more overseers in each hundred. All king’s roads were ordered to be forty feet wide, of which thirty feet were kept grubbed and cleared, and all branches and limbs by the wayside were cut off within ten feet of the ground. Other public roads were to be thirty feet wide. Bridges over creeks or gulleys were twelve feet wide with railings three feet high. These were built and kept in repair at the expense of the county in which they were situated, unless the bridge was necessary by reason of a mill-race crossing the road, in which case the owner of the mill was obliged to attend to the bridge. If the people of any particular neighborhood considered a road necessary, application was made to the justices of the Quarter Sessions, who then chose five freeholders of good standing to examine the region through which the road was to run, and report as to the advisability of constructing it, the length, direction, damages and other necessary particulars. If the committee reported favorably, and the petitioners agreed to pay the damages, the road was constructed. To keep the roads in repair the overseers were empowered to require of every man paying taxes, amounting to thirty pounds or less, a day’s work performed either by himself or a substitute. Those paying from thirty to sixty pounds were obliged to furnish two men, and all paying more than sixty pounds three men.
It was also necessary to appoint new trustees for a third time, two of the second set having died, to dispose of the remaining lots in Dover. James Gorrell, Benjamin Chew and Robert Willcocks were this time selected, with the same powers as were conferred on their predecessors. The last two mentioned were also appointed in a similar capacity in conjunction with Samuel Dickenson, John David and John Vining, to dispose of the old Dover jail and the ground about it. The people had raised a fund for building a new one, which, together with the proceeds coming from the sale of the old jail, was placed in the hands of the trustees to purchase a new lot. The sheriffs and coroners elected in October, 1752, were George Monroe and John Yeates for New Castle County, John Clayton and French Battle for Kent, and William Shankland and John Rodeney for Sussex County. In 1753 Monroe was re-elected, but John Yeates was succeeded as coroner of New Castle County by Robert Morrison. John Clayton, Jr., became sheriff of Kent County and French Battle retained his position as coroner. Two new officials were elected in Sussex County, the sheriff being Jacob Kolluck, Jr., and coroner John Spencer.
In 1754 Jehu Curtis, the second judge of the Supreme Court, died, and William Till was appointed to succeed him by Governor James Hamilton. Several justices had also died in Kent County and a new commission was issued, at the same time, appointing Samuel Dickinson, John Brinckloe, Thomas Clark, Samuel Johns, William Farson, John Vining, George Wilson, George Martin, John Goading, Stephen Parradee, Robert Willcocks, Richard Wells, Thomas Irons and John Clayton, Jr.
The French and Indian War had by this time become merely a question of time. The French encroachments in the West had already stirred the people into activity, and all the colonies were taking whatever measures they were able to assist in the common defense. In 1754 the Assembly of the lower counties on Delaware had provided for raising a thousand pounds for His Majesty’s use, and the following year, when the crisis was still nearer, an act was passed for establishing a militia. Braddock had by this time arrived and was already in the West. Every one was eager to assist in any way possible to decrease the hardships of the journey. The lower counties, not feeling themselves able to render any great assistance, but yet desirous of doing all within their power, sent a load of provisions to the general and also a herd of cattle for the army. Governor Robert Hunter Morris forwarded with them the following letter:
"Dear Sir: I have just time by the bearer to tell you that he brings in his wagon the several things expressed in the list enclosed, which you will order to be received from him, and with my hearty wishes for the General’s health and success, desire he will do the little government of New Castle, Kent and Sussex the honor to accept of this small token of their regard for him and the cause in which he is employed.
"Some days ago, fifty very fine oxen went from hence and are to be joined by one hundred fat sheep at Lancaster, which the General will put to such use as he thinks fit, upon the present service.
"I am Sir, your most humble servant,
"ROBT. H. MORRIS.
"Philadelphia, June 9th, 1755.
"To Capt. Robert Orme."
The list of provisions sent included twelve hams, eight cheeses, two dozen flasks of oil, ten loaves of sugar, one cask of raisins, one box of spice and currants, one box of pickles and mustard, eight casks of biscuits, four kegs of sturgeon, one keg of herring, two chests of lemons, two kegs of spirit, one cask of vinegar, one barrel of potatoes, and three tubs of butter.
The elections in 1755 for sheriff and coroner in the various counties proved the successful candidates to be William Goldensher for sheriff, and Robert Morrison for coroner of New Castle County; Caesar Rodney and French Battle, for the same offices in Kent County; and Jacob Kolluck, Jr. and Paynter Stockley in Sussex. In 1756 the war was declared, and preparations began in earnest. A map of Delaware Bay and River, which had been prepared by John Fisher, was about to be published, when Governor Morris ordered the publication to be postponed, lest a copy should reach the hands of the enemy and furnish them with assistance. The Assembly of the lower counties provided for striking the sum of two thousand pounds in new bills of credit, and on May 20th an embargo was declared prohibiting any exportation of provisions or arms from either of the three counties. This latter act, passed in May, expired on July 7th, as did also a similar law in the province. The Governor at once requested the province to renew their embargo, but this they stoutly refused to do, unless the lower counties would continue the embargo passed by their Assembly. Governor Morris went to New Castle to induce the Assembly to extend the time of the act, but they were only willing to continue it until July 20th, and from then for as long a period as the province might pass a similar act, but in no case should the time extend beyond October 22d. New York and New Jersey had put effective embargoes into operation, but unless the barriers existed on every side the Assembly of the province held that an embargo would be not only useless, but harmful to them. The bill was finally passed, although it was the cause of much displeasure to many merchants, and later brought forth a vigorous protest from them.
The elections in the lower counties for 1756 resulted in favor of William Golden and Robert Morrison for sheriff and coroner of New Castle County, Caesar Rodney and Matthias Crozier for Kent, and John Rodney and Wrixam Lewis for Sussex. A month later, by the beginning of November, the three counties had organized their militia in accordance with the acts of the Assembly, and the following commissions were issued: for the Upper Regiment of militia in New Castle County, New Castle Hundred, North Division, Captain Richard McWilliam, Lieutenant Nathaniel Silsby, Ensign Zachariah Luwanigh; South Division, Captain Alexander Porter, Lieutenant Samuel Aldricks, Ensign John Bryan; White Clay Creek Hundred, West Division, Captain Rees Jones, Lieutenant Samuel Platt, Ensign Thomas Williamson; East Division, Captain Samuel Patterson, Lieutenant Thomas Dunn, Ensign William Reid; Miln Creek Hundred, North Division, Captain Evan Reese, Lieutenant James Walker, Ensign William Ball; South Division, Captain Thomas Gray, Lieutenant William McMehan, Ensign Alexander Montgomery; Christiana Hundred, Southwest Division, Captain James Latimer, Lieutenant Empson Bird, Ensign Thomas Duff; Southeast Division, Captain Andrew Trauberg, Lieutenant William Hay, Ensign Robert Robinson; North Division, Captain Thomas Ogle, Jr., Lieutenant John Armstrong, Ensign John Hendrickson; Brandywine Hundred, Southwest Division, Captain William Empson, Lieutenant Thomas McKim, Ensign John Elliot; Northeast Division, Captain Emanuel Grub, Jr., Lieutenant Benjamin Ford, Jr., Ensign Benjamin Kellam; Field Officers, Colonel William Armstrong, Lieutenant-Colonel John Finney, Major John McKinley.
The Lower Regiment of New Castle County was composed of the following officers, commissioned from the places named; St. George’s Hundred, Captain John Jones, Lieutenant Jerome Dushane, Ensign Isaac Gooding; Captain John Vance, Lieutenant John Vandyke, Ensign John Anderson; Captain Adam Peterson, Lieutenant William Whittle, Ensign Alexander Bryan; Apoquinimink Hundred, Captain William Williams, Ensign Garrett Rothwell; Captain Alexander Chance, Lieutenant Charles Carson, Ensign Daniel Weldon; Captain George Ganz, Lieutenant Matthew Rhea, Ensign Thomas Bennet; Red Lion Hundred, Captain Jacob Gooding, Lieutenant Thomas Tobin, Ensign David Howell; Pencader Hundred, Captain Lewis Thomas, Lieutenant David Barr, Ensign William Mitchell; Captain Thomas Cooch, Lieutenant Alexander Porter, Ensign David Rowland; Field Officers, Colonel Jacob Vanbebber, Lieutenant-Colonel David Wetherspoon, Major Thomas James.
The Kent County militia was as follows: Upper Part of Mispillion Hundred, Captain Thomas Clark, Lieutenant Elijah Morris, Ensign Joseph Marrat; Middle Part of Mispillion Hundred, Captain Robert Killen, Lieutenant Archibald Fleming, Ensign Samuel Bevins Turner; Lower Part of Mispillion Hundred, Captain Benjamin Brinklee, Lieutenant John Molliston, Ensign Isaac Hall; Town of Dover, Captain John Clayton, Lieutenant French Battle, Ensign James Wells; Dover Hundred, Captain Caesar Rodney, Lieutenant James Sykes, Ensign Caleb Luff; Upper Part of Little Creek Hundred, Captain John Barnes, Lieutenant James Tybout, Ensign Matthew Crozier; Lower Part of Little Creek Hundred, Captain John Brinklee, Lieutenant Willson Buckmaster, Ensign Stokely Sturgis; Murder Kiln Hundred, Captain Daniel Robinson, Lieutenant Charles Hillyard, Ensign Benjamin Warren, Jr.; Lower Part of Murder Kiln Hundred, Captain William Rhoades, Lieutenant Joseph Hutcheson, Ensign Thomas Craig; Upper Part of Duck Creek Hundred, Captain David Clark, Lieutenant John Reese, Ensign John Cahoon; Lower Part of Duck Creek Hundred, Captain Charles Hillyard, Lieutenant Jacob Stout, Ensign Thomas Tilton; Tidbury, Captain John Caten, Lieutenant Joseph Caldwell, Ensign James Caldwell; Field Officers, Colonel John Vining, Lieutenant-Colonel John Brinkle, Major Andrew Caldwell.
The Sussex County militia was organized as follows: for the northern military district of Cedar Creek Hundred, Captain Benjamin Wynkoop, Lieutenant Bethuel Watson, Ensign Levin Cropper; for the southern military district of Cedar Creek Hundred, Captain Thomas Hill, Lieutenant Issac Watson, Ensign Nehemiah Davis; for the northern military district of Broad Kiln Hundred, Captain John Haverloe, Lieutenant James Shipman, Ensign George Claypoole; for southern military district of Broad Kiln Hundred, Captain Joseph Cord, Lieutenant William Craig, Ensign Absalom Little; for the northern military district of Lewes and Rehoboth Hundred, Captain David Hall, Lieutenant Jacob Kolluck, Jr., Ensign John Hall; for the southern military district of Lewes and Rehoboth Hundred, Captain John Newbold, Lieutenant Rice Wolf, Ensign Peter March; for the northern military district of Indian River Hundred, Captain Cord Hazzard, Lieutenant Peter Robinson, Ensign Thomas Prettyman; for the southern military district of Indian River Hundred, Captain Burton Waples, Lieutenant John Burton, Ensign William Prettyman; Field Officers, Colonel Jacob Kolluck, Lieutenant-Colonel Rives Holt, Major Jacob Phillips.
The returns for the militia of the lower counties summarized the above as follows: The Upper Regiment of New Castle County contained eleven companies, with the officers named and two sergeants for each company, with an average of sixty privates. The Lower Regiment of New Castle County consisted of nine companies, averaging about fifty privates, but with the same officers as in the Upper Regiment. Kent and Sussex Counties furnished twelve and eight companies respectively, and the officers and privates in each were the same as in the various companies of the Lower Regiment of New Castle County. From this it appears that the lower counties organized a force of over two thousand troops.(4*) In 1757 the same zeal was continued, the Assembly passing acts for striking bills of credit to the amount of four thousand pounds for His Majesty’s use, for punishing desertions and mutiny in the army. A considerable difficulty arose about the middle of the year in consequence of the scruples entertained by the Quakers against bearing arms, and their stubborn resistance of the militia laws. The first instance that occurred was early in January. Christopher Wilson, of Christiana Hundred, had been summoned by Captain Thomas Ogle, but refused to appear. While seated on his horse, shortly afterwards, conversing with a friend, Samuel Clenny, two constables, William Bradshaw and Thomas Elliot, placed him under arrest, and he was afterwards taken before Justice David Bush. The justice, with very little ceremony, ordered him to jail and he was taken to New Castle. In June, however, a number of complaints were lodged against the same Justice Bush. Joseph Nickols complained that he had been summoned to appear before him and state why he had not complied with the provisions of the militia acts. He assured the magistrate that he was moved altogether by the dictates of conscience, and not at all by a desire to disobey the laws; but notwithstanding, the constables soon appeared and seized a cow. Joshua Baker had suffered in the same way, and Ruth Mendenhall testified that four men had come with swords and clubs and dealt out a similar fate upon her son. Thomas Nickols was another of the victims. These cases were brought to the attention of the Governor, and in addition other incidents of a like nature were cited. Joseph Newlin, John Perry, Jacob Robinson, Richard Carsan, William Shipley, Jr., and Henry Troth all complained that their property had been seized to pay the fines exacted by Justice Bush for an act which they held was specially permitted by charter. Governor Denny took the matter under consideration, but it was allowed to drop. The incident at least served the Assembly of the province with a weapon of defense against the Governor, who had chided them for not being as diligent in the passage of militia laws as the lower counties.
Considerable jealousy had, in fact, sprung up in the province. The Governor was accused of being partial to the lower counties, and insinuations and attacks of every description were publicly aimed at them. The only notice taken of this by the Assembly at New Castle was in an address to Governor Denny in October, 1757, when they expressed their disgust at such assaults, and their delight at being independent of the province. The charges were in truth most unjust, for the part taken by the lower counties in the French and Indian War was relatively, and in some respects absolutely, far greater than that taken by the province.
By the end of 1757 they had nearly four thousand troops organized. A battery and barracks were also begun late in the year, and the little government was boldly straining every nerve to faithfully perform its duty. The embargo was renewed at New Castle and Lewistown in March, 1758, and very soon afterwards Governor Denny convened the Assembly at New Castle. In his speech before that body, he informed them that in letters lately received from England, the King promised to make every effort at the coming session of Parliament to secure the passage of an act for compensating the provinces for their efforts in his behalf, but also requesting all possible assistance at that very critical moment. The Assembly promised, through Speaker Jacob Kolluck, to do all in their power, and regretted that their means were not sufficient to allow them to offer as much as their inclinations prompted. Nevertheless, an act was soon passed for raising a loan of eight thousand pounds.
In April, 1759, the Assembly passed a bill for reprinting and exchanging twenty thousand pounds of bills of credit, and for striking seven thousand pounds additional for His Majesty’s use. Jacob Kolluck, William Armstrong and Caesar Rodney were appointed to superintend the printing of the twenty-seven thousand pounds, the bills varying from one to twenty shillings. They were signed by William Armstrong of New Castle County, Johns Barns of Kent, and David Hall of Sussex. Ten thousand pounds were placed in the hands of the trustees of the loan office in New Castle County, and for Kent and Sussex, their trustees received respectively six and four thousand pounds for redistribution. The seven thousand pounds were placed in charge of Messrs. John Finney, George Munro, Caesar Rodney, Joseph Caldwell, David Hall and Joseph Kolluck, Jr., and was to be used in the support of one hundred and eight men for service in the southern colonies, the money being raised by an additional tax of six-pence on the pound for five years. The reason for joining together these two measures, which it seemed might better have been passed separately, soon became apparent. They had pursued the latter course on a former occasion, but the proprietary had objected to the re-emission. When the Governor and Council came down to New Castle, on May 5th, they flatly refused to ratify the double measure, for the reason named, and also because in the previous year the lower counties had supported three hundred men, and now had cut the number down to one hundred and eighty. A conference was held between the Governor and the Speaker of the Assembly who politely informed him that the House had resolved to furnish no men at all if they were compelled to alter their bill. They well saw that the Governor could not afford to reject their assistance, no matter how insignificant it was. Their calculations soon proved to be correct, for on the 7th the Council reluctantly ordered the Governor to sign the bill.
In October the returns for the election of sheriffs and coroners announced that in New Castle County John McKinley and William Smith had been elected; in Kent County, Thomas Parker and William Wells, and in Sussex, Joseph Shankland and Jabez Fisher.
In April, 1760, the Assembly was met by Gov. James Hamilton, who had succeeded Gov. Denny in November. He announced new instructions from the King, graciously thanking his American subjects for their services, and offering to arm and supply with provisions the large number of men which he hoped they would continue to raise. The Assembly asserted their desire to comply with this to the utmost limit of their ability, and at the same time handed the Governor two bills for his signature. Governor Hamilton withheld his signature, to learn what they proposed to do in connection with his war message; but on their promise to issue a new loan, he signed the bill and returned to Philadelphia. The Assembly this year placed four thousand pounds at his disposal, but they now also devoted some attention to internal affairs, which had for several years been subordinated to the war. The Supreme Court was completely reorganized under the name of the Supreme Court of the Government of the Counties of New Castle, Kent and Sussex upon Delaware. It was to meet at New Castle on the twenty seventh of April, and the twenty third of October, at Dover on the twenty eighth of October, and on the Monday preceding the meetings of the Court of Common Pleas in May, and at Lewistown on the Mondays preceding the meeting of the Court of Common Pleas in May and November. There were now to be the chief justice and three others to preside, instead of two, as before. A supplement to the act passed in 1719, for encouraging the construction of good mills, was also passed in 1760, and an agent for the government of the lower counties was stationed at London to look after their interests. The agent appointed was David Barclay, Jr., of London.
Thomas Dunn and James Walker were elected sheriff and coroner at the October elections in New Castle County; William Rhodes and Jabez Jenkins in Kent; and Joseph and David Shankland in Sussex.
In 1761 the London agent announced that he had received something over three thousand pounds, as the share belonging to the three counties, out of a sum granted by Parliament as compensation to the colonies. The agent was allowed to retain one-half per cent., and for the management of the residue Benjamin Chew and William Plumstead were appointed trustees. One-half of this sum was paid to New Castle County, three-tenths to Kent, and the remaining two-tenths to Sussex, and the money was employed in liquidating the debts contracted in consequence of the war.
The days for holding the Supreme Court were again changed this year, and were fixed for New Castle on the fifth of April and fifth of September; for Dover on the fifteenth of April and fifteenth of September; and for Lewistown on the Fridays preceding the meetings of the May and November sessions of the Quarter Sessions.
Another payment was received by Agent Barclay in London, in 1762, this time amounting to three thousand seven hundred and forty-five pounds, and paid pursuant to an act of Parliament of 1759. William Plumstead and Benjamin Chew were again appointed to manage the fund. The money was divided among the counties in the same proportion as the first payment and applied to similar purposes. These payments were a great relief to the people, to whom the war had been a heavy burden. They at once rallied, however, and again began to employ their money for purposes more profitable than war. The public roads were the first things that were looked after. In Kent County the road beginning at Salisbury, dividing Kent and New Castle Counties, and thence running to Dover, as well as the two draw-bridge roads leading from Dover, were now made public or king’s roads, which placed them under the care of the county authorities. In Sussex County the roads running from the Three Runs through Lewistown were raised to the same dignity. In New Castle County a new highway was built, beginning at the border of Chester County and going to Brandywine Creek, and from there one was laid out to Salisbury and another to Blackbird Bridge.
The successful candidates in 1762 for sheriff and coroner for New Castle County were Thomas Dunn and James Walker; for Sussex, Daniel Nunez, Jr., and Samuel Rowland, Jr.; and for Kent, William Rhodes and John Gray. The next year the same offices were filled in New Castle County by Thomas Duff and William Stewart, in Sussex by Daniel Nunez, Jr., and John Wattom, and in Kent by Daniel Robertson and John Gray.
In 1764 the roads of New Castle County again occupied the attention of the Assembly. An entirely new system was adopted in this county for their management, the old one not having given satisfaction. The roads were now placed under the control of a board of commissioners, consisting of Messrs. John Stapler, Thomas Tobin, David Stewart, George Monro and John McKinley. They had entire control over the building and repairing of roads, and also filled up vacancies in their own body. No changes were made in this year in New Castle County offices by the annual elections, but in Kent Thomas Collins and Matthew Manlove were elected sheriff and coroner, and in Sussex Daniel Nunez, Jr., continued as sheriff and Henry Davis was elected coroner. In November new commissions for the justices of the Court of Oyer and Terminer were issued to John Vining, Jacob Vanbebber and Richard McWilliam. To these John Clowes was added in 1765, and Robert Killen received an appointment as an additional justice of the peace for the Mispillion hundreds in Kent County, while the elections in the same year in the lower counties, resulted in the choice of Thomas Duff for sheriff of New Castle County and James Walker for coroner. In Kent County Thomas Collins and John Gray were elected, and in Sussex Rhoads Shankland and Nathan Young. In 1766 John Thompson and James Walker were elected to fill the two offices in New Castle County. The old sheriffs were re-elected in both the other counties, but new coroners, who were Solomon Wallace and Thomas Gray, for Kent and Sussex, respectively. Governor John Penn went down to New Castle on October 21st and passed a number of bills. A slight hitch occurred over a measure relating to testamentary affairs and providing for the better security of orphans in the enjoyment of their estates, probably owing to its great length. The Assembly finally submitted to certain amendments offered by the Governor, and this also became a law. While at New Castle Governor Penn issued commissions to Jacob Stout, Fenwick Fisher and Thomas Tilton to be justices of the peace in Kent County in places where none existed. For the County Courts of the same county he also appointed as justices John Caton, Richard Wells, Thomas Irons, Andrew Caldwell, Caesar Rodney, Charles Ridgely, John Barns, James Sykes, William Rhoades, William Rodney, Robert Holliday, John Clark and Robert Killen. Another act of importance which received the Governor’s signature while on this visit to New Castle was providing for changing the methods of choosing inspectors of elections and assessors, both of which officers were thereafter appointed by the qualified electors in each hundred at meetings held for the purpose on the 15th of every September.
The first shadows of the Revolution had by this time cast themselves plainly in the light of the people. The Stamp Act in 1765 stirred up the righteous indignation of the colonists to the highest pitch. After having put forth every effort in the French and Indian War, to be thus ungratefully treated in return was more than they could quietly bear. To the Congress which was called at New York by the other colonies to protest against the Stamp Act the lower counties sent Caesar Rodney, Thomas McKean and Jacob Kolluck, the Speaker of the Assembly. When the act was repealed the rejoicing was only equaled by the depression upon its passage. Rodney and McKean were again selected by the Assembly to draw up an address to the King, expressive of their gratitude. They little imagined when the address was prepared, the changes which the next decade were to bring, as may easily be gleaned from the following extract teeming with sentiments of love and loyalty for Britain:
"We cannot help glorying in being the subjects of a king that has made the preservation of the civil and religious rights of his people, and the established constitution, the foundation and constant rule of his government, and the safety, ease, and prosperity of his people, his chiefest care; of a king whose mild and equal administration is sensibly felt and enjoyed in the remotest parts of his dominions. The clouds which lately hung over America are dissipated. Our complaints have been heard and our grievances redressed; trade and commerce again flourish. Our hearts are animated with the warmest wishes for the prosperity of the mother country, for which our affection is unbounded, and your faithful subjects here are transported with joy and gratitude. Such are the blessings we may justly expect will ever attend the measures of your majesty, pursuing steadily the united and true interests of all your people throughout your wide-extended empire, assisted with the advice of a British parliament and a virtuous and wise ministry. We most humbly beseech your majesty graciously to accept the strongest assurances that, having the justest sense of the many favors we have received from your royal benevolence, during the course of your majesty’s reign, and how much our present happiness is owing to your paternal love and care for your people, we will at all times most cheerfully contribute to your majesty’s service to the utmost of our abilities, when your royal requisitions, as heretofore, shall be made known; that your majesty will always find such returns of duty and gratitude from us, as the best of kings may expect from the most loyal subjects, and that we will demonstrate to all the world that the support of your majesty’s government, and the honor and interest of the British nation, are our chief care and concern, desiring nothing more than the continuance of our wise and excellent constitution in the same happy, firm and envied situation in which it was delivered down to us from our ancestors and your majesty’s predecessors."
But the enthusiasm of their affection was destined soon to be dulled. In 1767 another odious act was passed by Parliament, imposing duty on tea, paper, glass and other commodities imported to the colonies. Again the protestations of the colonists were forwarded in addressess, petitions and remonstrances to King George. This time, however, they were not so promptly complied with. The taxes were continued and the Revolution began to assume definite form.
To return to the internal affairs, we find the years 1767 and 1768 comparatively uneventful in Delaware. At the instance of the merchants of Philadelphia, the Assembly of the province placed buoys on the shoals in Delaware Bay in 1767, and for the surveys employed Henry Fisher, of Lewistown, who had also been engaged by them in 1764 to select a site for the first light-house at Cape Henlopen. The election in 1767 placed in office John Thompson and James Walker as sheriff and coroner of New Castle County; James Wells and Solomon Wallace in Kent; Rhoades Shankland and William Parker in Sussex. In 1768 William McClay succeeded Walker, and Boaz Manlove and George Walker were elected as sheriff and coroner in Sussex County, but the other officers were re-elected.
The year 1769 found the Assembly once more in a mood for extensive legislation, and they dealt with every subject from the Supreme Court down to an attempt to prevent pigs from running at large without yokes and rings in certain parts of New Castle County. New trustees were appointed to the several loan offices in the different counties, the terms of the old officers having expired. The officers chosen were Evan Rice, Thomas McKean and Richard McWilliam for New Castle County; John Vining and Caesar Rodney for Kent; and Jacob Kolluck and John Rodney in Sussex, they having been all reappointed. The days for the convening of the Supreme Court were changed again, the days selected on this occasion being the 14th of October and the 15th of April for New Castle, the 7th of October and the 22d of April for Dover, and the Friday following the meeting of the November Quarter Sessions and the 28th of April at Lewistown. On the Governor’s visit to New Castle in October he issued a new commission for justices of the peace and the Court of Common Pleas in New Castle County, appointing Evan Rice, John Stapler, Thomas James, David Finney, William Patterson, Thomas Cooch, William Armstrong, James Lattimer, John Jones, Thomas McKim, William Williams, Jacob Peterson, John Evans, Thomas Tobin, Theodore Maurice, Thomas McKean, Benjamin Noxen and John Malcolm. In January, 1770, five new justices were appointed in Kent County, owing to the failure of some of the justices nominated on the last commission to qualify. The new magistrates were Thomas Rodney, Warner Mifflin, James Boyer, Thomas Hanson and Jonathan Anderson.
In 1772 the Assembly came to the rescue of the people of Wilmington, who were continually entangling themselves in disputes over the situation and direction of the streets whenever a new building was erected. The boundaries were fixed as well as land marks. The burgesses were empowered to appoint three or more surveyors to regulate the construction of party-walls and other matters which also had given rise to trouble, and regulations for laying off streets and alleys were also drawn up, but not conflicting with the law of the borough for the same purpose. A trouble of a more annoying nature, and one which had unfortunately not been satisfactorily dealt with in many parts of the country, even after the lapse of more than a century, was the prevalence of fraud at elections. The sheriff or, in his absence the coroner was now made the judge of election, to be assisted by the inspector, who was required to take a rigid oath to assist to "prevent all frauds and deceits" at the election. These officers were aided by two clerks, who recorded the name of the voter and the person for whom he voted. As the inspector received a vote, he was required to call out in a loud tone the name of the elector, which was taken down by the clerk. A series of boxes were supplied by the sheriff, each containing the name of a hundred in the county, to receive the votes of their respective inhabitants. At the close of the election, the list of voters and number of votes cast by each hundred were compared, but as there was no requirement providing for throwing out the excess of votes over electors, the object of this proceeding is not quite clear. Fines were imposed for attempting to vote twice, and for many similar crimes which still destroy fairness at elections. While the law contained no very striking features, yet it is noteworthy as an early attempt to secure the purity of the ballot-box. Later in the same year, steps were taken to check the numerous lotteries which were springing into existence; a market was established at New Ark; and the ground on which the public buildings stood at New Castle was placed in charge of trustees, the gentlemen named being Thomas McKean, George Read, John McKinley, Alexander Porter, George Munro, John Evans and David Thompson. A piece of ground on which the people desired to erect a school, and situated in the market square at New Castle, was also vested in trustees, and those appointed for this trust were David Finney, John Thompson, George Read, Thomas McKean and George Munro. The Rev. AEneas Ross and Messrs. Richard McWilliams and Joseph Tatlow were appointed in a similar capacity over the ground on which stood the Immanuel Church and burying-grounds. The elections in 1772 resulted in the choice of John Thompson and Joseph Stedham for sheriff and coroner of New Castle County; John Cook and Caleb Furby in Kent; and Peter Robinson and David Drain in Sussex.
The following year little occurred in the lower counties worthy of note, except changes in the magistracy, the erection of a bridge at Lewistown over Lewes Creek, and the departure of the Rev. John Ewing and Dr. Hugh Williamson to Europe to seek aid for the New Ark Academy; nor was the year 1774 more fruitful of events for the historian. In 1775, however, notwithstanding the lowering clouds of the Revolution, the people found time to devote attention to several matters of importance, although quite foreign to the preparations for war. Conspicuous among these was the care of the poor. The management of the poor was placed in the hands of overseers appointed by the justices of the peace. Service was compulsory upon these officers when once elected, and it was their duty to levy special taxes in each hundred for the maintenance of the local indigent. They lodged or sought employment for the poor, as the circumstances of each case directed, but no person received assistance without the certificate of two justices. Parents and grandparents were required, when able, to support their poor children and grandchildren, and the children were also expected to support their parents and grandparents. The Court-House and public building at Dover was now placed in the hands of trustees, as those at New Castle had been, the trust devolving upon Caesar Rodney, Charles Ridgeley, Samuel Chew, William Killen and Jacob Stout. In September a bill was passed by the Assembly for emitting bills of credit to the amount of thirty thousand pounds, under the direction of Thomas McKean, Alexander Porter and John Clowes The avowed object of this was the payment of public debts, but the approaching Revolution was doubtless what inspired this last bill.
* Proud’s "History of Pennsylvania," vol. i., p. 351, et. seq.
** "Memoirs of the Historical Society of Pennsylvania," vol. ix., Penn and Logan Correspondence, p. 344.
*** "Delaware Register," vol. i., p. 416.
(4*) "Archives of Pennsylvania," p. 87.