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State of Delaware .. •-,l:l.JNIVERSITY ,- ' OF . :'?DBLAWA·RE .. --, ~ ' . JOURNAL OF TUE OF THE STATE OF DELAWARE, AT A SESSIQN OF • TIIE GEXEBAli .&SSEMBI.T, CO~MENCED AND HELD AT DOVER, ON TUESDAY THE FIRST DAY OF JANUARY, IN THE YEAlt.JJF OUR LORD Ill' . · .. ONE THOUSAND EIGHT HUNDRED AND THIRTY-NINE, AND OF.THE INDEPENDENCE OF THE UNITED STATES OF AMERICA THE SIXTY-THIRD. ... ' . , r <' • er' " ... ~ .... Cl. .• ( ((' ( c ' . L' .... ..'' ' /s-tod e._ ---oo c "\X. f'::- 'D ,c . ',JgB \ ~3'\ . ..-· .. : .... ... .. ..... ... .~.·. ... ..... .. .. .... ... ....... .. .. .. .. .... : . .: ... .: . .: .... • ... ...,J·. ... .. .. .. , ·.:·~::.. ..... .. : ·.: :.: .: : ,:-.~;,,.•:.:,: i/ • • • • • < •• . ... .. :.: .. .. .. .. .. .. ... : .. .... : : ~'.: ._,. ~--.:-: ... ,' /~· JOURNAL OF THE OF THE STATE OF DELAWARE. At a session ef the General A.~sembly commenced and held at Dover, on Tuesday the first day ef January, in tlie year ef our Lord, one thou­ .~and eight hundred and thirty-nine, and ef the Independence ef the United States ef America, the sixty-third. Messrs. Alexa :der M. Biddle, John D. Dilworth, William H. Rogers, Nathan Boulden, Andrew Kerr, William Hemphill Jones, and Harry Williamson, from New Castle county; Messrs. Presley Spruance, Thomas A. Rees, John Frazer, Robert Frame, Henry Pratt, Samuel B. Cooper and Philip D. Fiddeman, from Kent county; and Messrs. John P. Brinkloe, .Tames Hopkins, Robert Houston, Joseph W. Neal, Aaron Marshall, jr., Richard Jefferson and Robert Hopkins, from Sussex county, appeared. The members all being present, the returns of the election for Repre· sentatives of the several counties of the State, were read. By the returns 0f the officers of New Castle county, appointed by law judges of elections, it appears that on the second Tuesday of November last, at the several and respective places specified by law for holding the elections in and for the said county, the following persons were chosen to represent the said county, in the House of RepresentatiVPs of th€ State of Delaware; viz:-Alexander M. Biddle, John D. Dilworth, William H. Ro­ gers, Nathan Boulden, Andrew Kerr, William Hemphill Jones and Harry Williamson, Esquires. , By the returns of the officers of Kent county, appointed by law,judges of elections, it appears that on the second Tuosday of November last, at ,the several and respective places, specified by law, for holding elections 'in an,d for the said county, the following persons were chosen to represent ,the ~uid cO:tinty, in the House of Representatives of the State of Delaware; viz:-Presley Spruance, Thomas A. Rees, John Frazier, Robert Frame, Henry Pratt, Samuel B. Cooper and Philip D. Fiddeman, Esquires. By the returns of the officers of Sussex county, ~ppointed by law, judges of elections, it appears that on the second Tuesday of November last, at the several and respective places, specified by law, for holding the elec­ tions, in and for the said county, the following persons were chosen to represent the said county, in the House of Representatives of the State of ·Delaware, to wit:-John P. Brinkloe, James Hopkins, Robert Houston, Joseph W. Neal, Aaron Marshall, jr., Richard Jefferson and Robert Hop· kins, Esquires. • On motion of Mr. Dilworth, The House proceeded to elect by ballot, a Speaker, whereupon JOHN P. BRINKLOE, was elected. The Speaker was then qualified, according to the Constitution of the State, and the act of congress entitled "An act to regulate the time and manner of administering certain oaths," and then took his scat in the Speaker's chair. The Speaker then 'lualified, in due form of law, the members present. On motion of Mr. Frame, The House proceeded to ballot for a Clerk, and Henry Todd was duly elected, introduced, sworn, and took his seat at the Clerk's table. On motion of Mr. Rogers, The House proceeded to ballot for aSeargeant-at-arms, and Josiah :Mar­ vel, was duly elected. On motion of Mr. Jones, Resolved, That the Clerk be directed to inform the Senate that the House of Representatives is duly organized and ready to proceed to busi­ ness. On motion of Mr. Rogers, The House adjourned to 10 o'clock to-morrow morning. WEDNESDAY, 10 o'clock A. Jiil. January 2, 1839. The House assembled pursuant to adjournment. Roll called, journal read and found to be correct. A message from the Senate by the Clerk. Mr. Laws, Clerk of the Senate being admitted, informed the House that the following resolution hpd passed the Senate, and that the concurrence of the House was desired in the same, to wit : ~ "IN SENATE, January 1, 1839. Resolved, That a committee of two members be appointed on the part of the Senate, to act jointly with such committee as may be appointed on the part of the House of Representatives, to wait on the Governor and in- ])~:)'/,~?,. J) '?.i~3 \':~ ~9 r tf(J, t .. ~ 5 form him, that a quorum of both houses of the Legislature have now con· ,Vened, and are ready to receive any communication which h3 may wish to make.-Messrs. Polk and Herdman were appointed that committee on the part of the ,Senate. "Extract from tlie Journal." S. G. LA. Vi7S, Clerk. ' 1For concurrence." And he withdrew. On motion of Mr. Jones, Said resolution was read and concurred in by the Honse. On motion of Mr. Frame, Resolved, That a committee to consist of three members on the r:i.rt of the House be appointed, to act jointly with the committee appointed on tho part of the Senate, to wait upon his Excellency the Governor, and inform him that a quorum of both houses of the Legislature have convened, and are ready to receive any communication he may think proper to make. Messrs. Fiddeman, Williamson and Marshall, were appointed that com­ mittee. Ordered, That the Clerk proceed to the Senate, and ask their concur­ rence in the same. The committee then withdrew for a short time, when they returned to the House, and Mr. Fiddeman from said committee, informed the House that the Governor would forthwith make a communication to both Houses of the Legislature. A message from the Governor by the Secretary of State: Charles Marim, Esquire, Secretary of State, being admitted, laid on the fllble a written Message of the Governor of the State, with its accompa­ nying documents, And he withdrew. On motion of Mr. Frame, The clerk read the Message as follows, to wit:- Fellow-Oitizens ef the Senate, and ef the House ef Representatives: In presenting to you my first biennial communication, I cannot forbear to congratulate you on the condition of our beloved State. At no former period, has Delaware exhibited so manX' indications of growing prosperity as at the present. The spirit of enterprise and the ardour of pursuit seem to pervade all classes of her citizens. Agriculture, stimulated by the in­ terest which it has awakened in all directions, is flourishing beyond re­ cent, if not all former example. Every other branch of industry presents a· flattering aspect, and is meeting with encouraging success. Intelligence and morality are progressing under the influence of our benign institutions. Our citizens are strengthened in attachment 1io their native soil. The dis­ content which for a while prevailed and caused so many emigrations to the west has happily subsided; and all appear now satisfied, that our State, though small in extent, combines, within its limits, every essential element to its moral and physical advancement. I have reason also, to congratu­ late you on the peace and tranquility in which you are permitted to as­ semble: The spirit of rebellious violence, however dominant in other di- 11ftions, finds no congenial materials here. The supremacy of the law lll'ld the silent authority of the ballot box retain their legitimate influence. No riotous commotion r,as yet received the sanction of our citizens and blotted the pages of our history. Order still prevails, and a laudable sub­ ql'jssion to the constituted authorities is the distinguished characteristic of ·'tfie people. We have therefore, abundant caus~ for thankfulness to the ~reat Giver of all good for His gracious protection, and our hearts should be inspired with the most humble devotion for a continuance of his mercy. The confidence reposed in you by your fellow-citizens, and the weigh:y responsibilities of the trust committed to your hands will, I have no doubt, excite you to a diligent dnd anxious application to yom·engagements. In entering upon your duties, it will be prudent to consider that, as on the one hand, radical changes in the law are exceedingly unwise and dange­ rous, so on the ,,ther, the .mind of the legislator should not content itself with rr<::judices or authorities which will not stand the test of fair and im­ partial invesl.igation. In a government, such as ours, the habits and man­ ners of the people require that the spirit of inquiry should be fostered, and that all questions which relate to the well being of the community should receive the most anxious deliberation. In studying the interests of the commonwealth, we cannot be too mindful of the respect and veneration which is due to the common law-its general adaptation to the affairs of men, and its intimate connexion with our instirutions an•f system of juris­ prudence. We should beware of the substitution of fanciful theories for those established principles, which have ever been regarded as the land­ marks of right, and for many centuries have received the admiration of the world. Still, on such ~u~jects as, frorh the fluctuating interests of so· ciety the public welfare and sound expediency may require legislative in­ terfercnC'e, it would be manifestly improper to suffer an attachment to for­ mer prejudices to so far operate as to prevent salutary changes. Enter· taining these views, and placing a firm reliance on your discretion, I should hardly deem it necessary to offer you any suggestions, were I not admonish­ ed by the constitution, ofmy duty "to give you information of affairs con­ cerning the State, and recommend to your consideration such measures as I shall judge e::vpedient." In performing this duty, is is almost unnecessary for me to remark, that education is entitled to your first and most vigilant attention.
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