Ridgely’s Notebook III, 4

THE EXECUTIVE AUTHORITY.

In Vacation of Delaware.
January 15, 1820.

Henry Molleston of Kent County, Esq., was elected Governor of this state at the general election in 1819. John Clark of New Castle County, Esq., had been elected October, 1816. Mr. Molleston died about the [___][1] 1819. At the session of the General Assembly, January, 1820, Jacob Stout of Kent County, Esq., was elected Speaker of the Senate. This day, January 15, the Saturday before the third Tuesday of January, on which day, third Tuesday, Mr. Molleston would have been sworn into office as Governor had he lived, Governor Clark resigned the office, whereby the exercise of the office of Governor has devolved on Mr. Stout, the Speaker of the Senate, until a new Governor shall be duly qualified.

This day Mr. Stout addressed the following note to the Chancellor, dated,

“Dover, January 15, 1820.
“My dear Sir, The Honorable John Clark has this day resigned the supreme executive authority of the State of Delaware. By Section 14 of Article 3 of the Constitution the duties of that office have devolved on me, as the Speaker of the Senate at that time. You will oblige me by coming to town, and administering to me the oaths of office required, by the Constitution and laws of the State.
“Very respectfully I am, dear Sir, your obedient and humble servant,
Jacob Stout.
“Nicholas Ridgely, Esquire, Chancellor of the State of Delaware.”

[1] Blank in manuscript.

THE CHANCELLOR

accordingly, in the Senate chamber, (the Senate being adjourned) in the presence of several members of the legislature and of other citizens, administered to Mr. Speaker Stout the oath of office, the oath to support the Constitution of this state, and the oath to support the Constitution of the United States. Immediately after this ceremony had been gone through, Mr. Stout, addressing himself to Henry M. Ridgely, Esq., who had been Secretary of State during Mr. Clark’s administration, called out, “Mr. Ridgely I appoint you Secretary of the State of

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Delaware.” It is to be presumed that the appointment has been made in writing under the Great Seal of the State.

[Later Note.]
This third Tuesday of January, 1821, 16th day, John Collins being sworn into office as Governor, Mr. Stout resumed his seat in the Senate this day. He had been elected October, 1818, and served the January Session, 1819, and till third Tuesday of January, 1820. When the executive authority devolved on him, Caleb Rodney, Esq., was elected Speaker pro tempore. That was Mr. Rodney’s last year. He was re-elected a member of the Senate October, 1820, and at the beginning of the session was chosen Speaker. It was expected that Mr. Stout would claim the chair, and great many people attended to hear the debate, ut audivi, but no such claim was made, and Mr. Rodney continued Speaker throughout the session.[2]

[2] Ridgely refers the reader here to Ridgely’s Notebook III, 253, below; see also Ridgely’s Notebook IV, 109.