USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 1
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Gc 975.1 D377p no.6,pt.2 1940042
MI. L.
REYNOLDS HISTORICAL GENEALOGY COLLECTION
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ALLEN COUNTY PUBLIC LIBRARY 3 1833 02254 3786
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Digitized by the Internet Archive in 2016
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PAPERS OF THE HISTORICAL SOCIETY OF DELAWARE.
VI.
MINUTES
-OF --
THE COUNCIL
OF THE
DELAWARE STATE,
FROM 776-1712
1776 TO 1792, I 'ic Library
MAR 2 3 1961 Dallas, Texas
THE HISTORICAL SOCIETY OF DELAWARE, WILMINGTON. 1887.
61557665713
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1940042
MINUTES OF COUNCIL.
OCTOBER, 1781.
ПОМООО ПО ЗАРТИМА
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a meeting of the Legislative Council of the Delaware State, at the Town of Dover, in the County of Kent, on Saturday, the twentieth day of October, in the year of our Lord 1781, a quo- rum of the members not attending, the Council adjourned from day to day until Thursday, the 25th instant.
THURSDAY, A. M., October 25, 1781.
The following members attended, viz :
For New Castle County-
For Kent County-Thomas Collins.
For Sussex County-William Polk.
The return of the Sheriff and Inspectors for the County of New Castle, of the election of a Councillor to fill the seat of Samuel Patterson, Esq., which became vacant on the first day of October last by rotation, being laid on the table, it appears that John Dickinson, Esq., was elected a member of the Council for the County of New Castle, according to the Constitution and Laws of the State.
Mr. Dickinson appeared in the Council.
And it also appears, by a return of the said Sheriff and Inspec-
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MINUTES OF THE COUNCIL OF
tors, that Peter Hyatt, Esq., was elected a member of the Coun- cil for the said County of New Castle, in the room of Richard Cantwell, Esq., whose seat became vacant by his acceptance of the office of fourth Justice of the Court of Common Pleas and Orphans' Court for the said County, on the said first day of October.
Mr. Hyatt attended.
The return of the Sheriff and Inspectors for the County of Kent of the election of a Councillor, being laid on the table, it appears that John Baning, Esquire, whose seat becaine vacant by rotation, was reelected a member of the Council for the said County of Kent, on the first day of October last.
Mr. Baning attended.
The return of the Sheriff and Inspectors for the County of Sussex of the election of a Councillor, being laid on the table, it appears that William Conwell, Esquire, whose seat became vacant by rotation, was reelected a member of the Council for the said County of Sussex, on the said first day of October.
And it also appears, by the same return, that John Polk, Esq., (of Broad Creek) was elected a member of the Council for the same County, on the said first day of October, in the room of John Clowes, Esq., whose seat became vacant by his acceptance of the office of fourth Justice of the Court of Common Pleas and Orphans' Court for the said County of Sussex.
Mr. Polk attended.
The Council then proceeded to the choice of a Speaker, and Thomas Collins, Esquire, was chosen.
The Speaker in the Chair, Mr. Benjamin Vining was appointed Clerk of the Council.
Mr. Dickinson took the affirmation, and Mr. Hyatt, Mr. Ban- ing, and Mr. John Polk took the oath and subscribed the decla- ration prescribed by the twenty-second article of the Constitution of the State, and then took their respective seats in the Council. [See note on page 10.]
Mr. Benjamin Vining also took the oath and subscribed the declaration above mentioned, and took the oath of office as Clerk of the Council. [See note on page II.]
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655
THE DELAWARE STATE, 1781.
On motion,
Ordered, That Mr. Dickinson and Mr. William Polk be a committee to wait on his Excellency, the President, and inform him that the Council, having met, are ready to receive any busi- ness which he may have to lay before then.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The committee now reported that they had waited on his Ex- cellency, the President, with the message, committed to them, according to order, and that he was pleased, in answer, to say, that he had communicated his business to the House of Assem- bly, by a written message, which he had ordered his Secretary to lay before them, and that the same would, in order, be delivered to the Council.
Adjourned till to-morrow morning at 10 o'clock.
FRIDAY, October 26, 1781.
The Council met. Present the same members as on yesterday. Adjourned till to-morrow morning at 10 o'clock.
SATURDAY, A. M., October 27, 1781.
The Council met. Present the same members as on yesterday. On motion,
Resolved, That Mr. Dickinson, Mr. Hyatt, and Mr. William
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Polk be a committee to revise the several Militia laws of this State, and to bring in a bill for reducing them into one body, with such alterations and amendments therein as may be judged expe- dient.
Adjourned till Monday morning at 10 o'clock.
MONDAY, A. M., October 29, 1781.
The Council met. Present the same members as on Saturday, and also Mr. Cook.
Mr. Bassett, a member of Assembly, was admitted and deliv- ered to the Chair certain resolutions of the House of Assembly for supplying the post at Christiana Bridge with provisions and forage.
On motion, by order, the preceding resolutions were read the first time.
By special order, the same were read the second time.
The same were read a third time, by paragraphs, and con- curred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, October 27, 1781.
"WHEREAS it is expected that General Washington, with a "part of the army under his command, will shortly pass through "this State, by the post at Christiana Bridge, in New Castle "County ; therefore, for the immediate supply of that post with "such provisions and forage as may be wanting on that occa- "sion, it is
"Resolved, That Brigadier-General Patterson, Lieutenant-Col- "onel Henry Darby, Major James Black, and Captain William "McClay, be authorized to procure and purchase, upon the "credit of the Delaware State, such provision and forage as "they, upon consulting with Deputy Quartermaster Yeates,
THE DELAWARE STATE, 178 1. 657
"shall think necessary for the supply of the army aforesaid in " their passage through this State, not exceeding the sum of "one thousand pounds, specie, in its value.
"Resolved, also, That the General Assembly will, before its "rising, provide ways and means for the discharge of the debts "so to be contracted, not exceeding the sum before specified, in "such manner that the same may be due within four months "from the time of contract.
"Resolved also, That the gentlemen appointed to the service "aforesaid render an account of their contracts and application "of the articles so to be obtained to the President or Command- "er-in-Chief of this State, as soon after as conveniently may be.
" Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl'k of Assembly:"
Ordered, That Mr. William Polk return the preceding reso- lutions to the House of Assembly, with the concurrence of the Council thereto.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., October 30th, 1781.
The Council met. Present the same members as on yesterday.
Mr. Polk now reported the delivery of the resolutions given to him in charge, agreeable to the order of yesterday.
Adjourned till to-morrow morning at 10 o'clock.
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MINUTES OF THE COUNCIL OF
WEDNESDAY, October 31, 1781.
The Council met. Present the same members as on yesterday.
The committee appointed to revise the several Militia laws of this State, and to bring in a bill for reducing them into one body, being engaged in that business, the Council adjourned till to-mor- row morning at 9 o'clock.
THURSDAY, A. M., November Ist, 1781.
The Council met. Present the same members as on yesterday,
Mr. Conwell attended, took the oath and subscribed the decla- ration prescribed by the twenty-second article of the Constitution of this State, and then took his seat in the Council. [See note on page 10.]
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a resolution of the House of Assembly for the ap- pointment of a Committee of Accounts.
On motion, by order, the preceding resolution was read the first time.
By special order, the same was read the second time, con- curred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, October 30, 1781.
" On motion,
"Resolved, That Mr. Latimer, Mr. Barratt, and Mr. Waples "be a Committee of Accounts, on the part of this House, and "that Colonel Duff wait on the Council with a copy of this reso- "lution, and propose the appointment of a committee of their "body to join the committee aforesaid.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
THE DELAWARE STATE, 1781. 659
And thereupon the Council have appointed Mr. Cook and Mr. John Polk to be a committee of their body to join the committee of the House of Assembly above mentioned.
Ordered, That Mr. Conwell return the said resolution to the House of Assembly, with the concurrence and appointment of the Council thereto. .
Adjourned till to-morrow morning at 10 o'clock.
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FRIDAY, November 2d, 1781.
The Council met. Present the same members as on yesterday.
The committee appointed to revise the several Militia laws of this State, and to bring in a bill for reducing them into one law, now reported that they had essayed a draught of a bill for that purpose, which was laid on the table for the consideration and amendment of the Council.
On motion, by order, the foregoing bill was read the first time.
On motion of Mr. William Polk, for leave to bring in a bill for revising the "Act against desertion and harbouring deserters, or dealing with them in certain cases,"' the sanie was granted to him; whereupon a bill for that purpose was laid on the table, and, by order, read the first time.
Adjourned till to-morrow morning at 10 o'clock.
SATURDAY, November 3d, 1781.
The Council met. Present the same members as on yesterday.
Mr. Vandyke, a member of Assembly, was admitted and deliv- ered to the Chair a message from the President of the 12th Feb- ruary, 1781, inclosing a circular letter from the President of Con-
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MINUTES OF THE COUNCIL OF
gress of the 8th, and two acts of Congress of the 3d and 7th of the same month, for laying an impost of five per cent. on im- ported and prize goods, together with a letter from the Financier, of the 27th July last, urging a compliance with the said acts, and a bill, proposed by the House of Assembly, founded on the said requisitions of Congress.
On motion of Mr. Dickinson, that a committee of this House be appointed to prepare and bring in a bill for punishing offences committed by persons concerned in seizing and taking vessels out of the harbors and ports within this State, the same was granted; whereupon Mr. Dickinson, Mr. Conwell, and Mr. Hyatt are ap- pointed a committee for that purpose.
Mr. Conwell now reported the delivery of the resolution for the appointment of a Committee of Accounts, according to the order of Thursday last.
On motion, by order,
The President's message, and its. inclosures, were severally read, and the said message is in these words, viz :
"Gentlemen of the General Assembly :
"Having this moment received a circular letter from the Pre- "sident of Congress, with two acts of that honorable body, "recommending to the several States to vest in Congress a "power to levy, for the use of the United States, certain imposts "in the said acts mentioned, I have directed the Secretary to lay "the same before your Honors for your consideration.
"New Castle, 12th Feb., 1781. CÆSAR RODNEY." On motion, by order,
The bill to vest in Congress a power to levy an impost on im- ported and prize goods, &c., was read the first time.
On motion of Mr. Wm. Polk, for leave of absence till Wednes- day afternoon next, the same is granted to him.
Adjourned till Monday morning at 10 o'clock.
661
THE DELAWARE STATE, 1781.
MONDAY, November 5th, 1781.
The Council met. Present the same members as on Saturday, except Mr. William Polk.
The committee appointed to prepare and bring in a bill for punishing offences committed by persons concerned in seizing and taking vessels out of the ports and harbors of this State, now reported that they had essayed a draught of a bill for that pur- pose ; which was laid on the table, for the consideration and amendment of the Council.
On motion, by order, the foregoing bill was read the first time. On motion, by order,
The acts of Congress of the 3d and 7th of February- last, recommending to the several States to vest in Congress a power to levy imposts on imported and prize goods, and the bill founded thereon, were severally read the second time.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., November 6, 1781.
The Council met. Present the same members as on yesterday,
Mr. Waples, a member of Assembly, was admitted and de- livered to the Chair a resolution for the nomination of persons to to be balloted for as President and Commander-in-Chief of this State.
On motion, by order,
The bill for establishing a Militia within this State, was read the second time.
On motion of Mr. Conwell, for leave to bring in a bill for aid- ing the discontinuance of the process in the Court of Quarter
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MINUTES OF THE COUNCIL OF
Sessions in the County of Sussex, the same was granted ; where- upon a bill for that purpose was laid on the table, and, by order, read the first time.
On motion, by order,
The resolution of the House of Assembly for the nomination of persons to be balloted for as President and Commander-in- Chief of the State, was read the first time.
By special order, the same was read a second time and con- curred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, " MONDAY, P. M., 5th November, 1781.
"On motion,
"Resolved, That the House of Assembly will meet the Council, "in the Council Room, to-morrow, in the afternoon, for the pur- " pose of putting proper persons into nomination to be voted for "as President and Commander-in-Chief of this State, that place "being now become vacant by the expiration of the term of the "late President, Cæsar Rodney, Esquire, agreeable to the Con- "stitution of the State.
" Extract from the minutes. JAS. BOOTH,
"Sent for concurrence. Cl'k of the House of Assembly." .
Ordered, That Mr. Baning return the preceding resolution, with the concurrence of the Council thereto, to the House of Assembly ; and inform them that the Council will be ready to receive the House of Assembly in the Council Chamber, at five o'clock this afternoon, if assented to by the House of Assembly.
Mr. Baning, being returned, reported that he had delivered the said resolution and message, according to order, to the House of Assembly.
Adjourned till 3 o'clock, P. M.
663
THE DELAWARE STATE, 1781.
EODEM DIE, P. M.
The Council met.
The House of Assembly, agreeable to the order of the day, met the Council, in the Council Chamber, for the purpose of put- ting into nomination persons to be balloted for as President and Commander-in-Chief of this State, when the names of several persons were taken down for the consideration of the members of both Houses.
On motion,
Resolved, That the General Assembly now separate, and meet again, in the Assembly Room, in half an hour, to ballot for a person to supply the place of President of this State.
Then the House of Assembly withdrew.
The Council, agreeable to the proposed time of meeting, met the House of Assembly, in the Assembly Room, and there, in General Assembly, proceeded to the election of a President of this State, and the members of both Houses then present, to wit: seven of the Council and nineteen of the House of Assembly, having prepared tickets with the name of the President to be ap- pointed and put the same into a ballot-box, the Speakers of the two Houses, in the presence of the other members, examined the ballot-box, and it appeared that there were twenty-five votes out of twenty-six in favor of John Dickinson, Esquire ; whereupon the said John Dickinson, Esquire, is declared duly elected Presi- dent for this State for the term of three years next ensuing, and until the sitting of the next General Assembly thereafter, and no longer, agreeable to the Constitution or system of government thereof.
Then the Council withdrew, and adjourned till to-morrow morning at 10 o'clock.
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MINUTES OF THE COUNCIL OF
WEDNESDAY, A. M., November 7th, 1781.
The Council met. Present the same members as on yesterday, and also Mr. Polk.
On motion, by order,
The bill for more effectually punishing and discouraging of- fences committed in taking vessels out of the harbors of this State, was read the second time.
By special order, the same was read a third time, by para- graphs, and will pass.
Ordered, That the same be transcribed and sent to the House of Assembly, for their consideration and concurrence, by Mr. Hyatt ;
Who, being returned, reported the delivery thereof according to order.
On motion, by order,
The bill for aiding the discontinuance of the process in the Court of Quarter Sessions in the County of Sussex, was read the second time.
On motion, by order,
The bill for establishing a Militia within this State, was read a third time, by paragraphs, and will pass.
Ordered that the same be transcribed.
On motion, by order,
The bill for aiding the discontinuance of the process in the Court of Quarter Sessions in the County of Sussex, was read a third time, by paragraphs, and will pass.
Ordered, That the same be transcribed and sent, by Mr. Polk, to the House of Assembly, for their consideration and concur- rence.
Adjourned till 3 o'clock, P. M.
665
THE DELAWARE STATE, 1781.
EODEM DIE, P. M.
The Council met.
Mr. Polk now reported the delivery of the bill for aiding the discontinuance of the process in the Quarter Sessions in Sussex County, according to order.
Adjourned till to-morrow morning at 10 o'clock.
THURSDAY, A. M., November 8th, 1781.
The Council met. Present the same members as on yesterday.
Ordered, That Mr. Baning deliver to the House of Assembly the bill for establishing a Militia within this State.
Mr. Baning reported the delivery of the same according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair certain resolutions of the House of Assembly for the protection of the trade of the River and Bay of Delaware.
On motion, by order, the foregoing resolutions were read the first time.
On motion, by order, 84
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The bill to vest in Congress a power to levy an impost on im- ported and prize goods, &c., was read a third time, by para- graphs, and some amendments were proposed and agreed to.
Ordered, That the same be transcribed and sent, by Mr. Con- well, to the House of Assembly, for their consideration and con- currence, together with the President's message and its inclosures.
Adjourned till to-morrow morning at 10 o'clock.
FRIDAY, A. M., November 9th, 1781.
The Council met. Present the same members as on yesterday.
Mr. Conwell now reported the delivery of the several papers committed to him, according to the order of yesterday.
Mr. Bryan, a member of Assembly, was admitted and deliv- ered to the Chair a bill for raising twenty-three thousand six hundred and twenty-five pounds, in specie, for the service of the year one thousand seven hundred and eighty-two.
The same member also returned to the Chair the bill for aiding the discontinuance of the process in the Court of General Quarter Sessions in the County of Sussex, agreed to by the House of As- sembly.
Ordered that the said bill be engrossed.
On motion, by order,
The bill for raising twenty-three thousand six hundred and twenty-five pounds, in specie, for the service of the year one thousand seven hundred and eighty-two, was read the first time.
Mr. Molleston, a member of Assembly, was admitted and delivered to the Chair a resolution of the House of Assembly respecting the adjournment of the present sessions ; which, by order, was read, and is in these words, viz :
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THE DELAWARE STATE, 1781.
" IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, "FRIDAY, November 9th, 1781.
"On motion,
"Resolved, That this House intend to adjourn the present "sessions to-morrow afternoon to some distant day ; and that "Mr. Molleston wait on the Council with a copy of this resolu- "tion for their information.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion,
Resolved, That Mr. McDonough and Mr. Hyatt be a com- mittee to view the premises mentioned in the petition of John Lewden, and that they, or any one of them, make report of their proceedings thereon at the next sitting of the Council.
On motion, by order,
The bill against desertion and harbouring deserters, or dealing with them in certain cases, was read the second time.
On motion, by order,
The resolutions of the House of Assembly for the protection of the trade of the River and Bay of Delaware, were read the second time.
By special order, the same were read a third time, by para- graphs, and an amendment was proposed and agreed to, and ordered to be transcribed.
Ordered, That the foregoing resolutions and transcribed amend- ment be sent, for concurrence, to the House of Assembly by Mr. Baning ;
Who, being returned, reported the delivery thereof according to order.
Mr. Peery, a member of Assembly, was admitted and deliv- ered to the Chair the President's message of the 12th February, 1781, and the circular letters and acts of Congress therein referred to, together with the bill to vest in the Congress of the United
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MINUTES OF THE COUNCIL OF
States a power to levy duties of five per centum ad valorem on certain goods and merchandise imported into this State, and on prizes and prize goods condemned in the Court of Admiralty thereof, and for appropriating the same, and the amendments proposed thereto by the Council disagreed to by the House of Assembly.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Doctor Clayton, a member of Assembly, was admitted and de- livered to the Chair the resolutions for the protection of the trade of the River and Bay of Delaware, with the amendment proposed thereto by the Council acceded to by the House of Assembly.
On motion, by order, the foregoing resolutions, as amended, were read and concurred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "THURSDAY, A. M .; November 8th, 1780.
" On motion,
"Resolved, That the Speakers of the two Houses of the Gen- "eral Assembly of Delaware draw their order on the State Trea- "surer in favor of Mr. Charles Pope for the sum of three hundred "pounds in specie, to be paid out of the money which may be "or first may come into the Treasury, to be by him applied for "the purpose of protecting the trade of the Bay and River of "Delaware.
"Resolved also, That the said Charles Pope is hereby author- "ized to take the command of the State schooner, now lying at "Wilmington, her tackle, apparel and furniture, and such arms, "ammunition and other articles, as belong to her, and also the "State barge, or long-boat, at the Cross-Roads, in the county of "Kent, and put the said vessels into proper order and condition,
THE DELAWARE STATE, 1781. 669
"for the purpose aforesaid, and to recommend one suitable per- "son, to the President or Commander-in-Chief of the State, to "be commissioned as a Lieutenant of Marines, and to procure "by enlistment or otherwise, forty suitable men to serve on board "said vessels as seamen and marines, until discharged by the "President or Commander-in-Chief of the State; the officers "and men to be allowed the like pay, rations, and emoluments, "and be subject to the same rules, regulations and provisoes, as "are directed by the act of Assembly of this State, entitled, 'An "act for the protection of the trade of this State on the River "and Bay of Delaware.'
"The said Charles Pope, as captain and commander of said "vessel, and the persons so recommended, to be commissioned "in the manner the said act directs.
"Resolved also, That the said vessel cruise on the Bay and "River of Delaware only, and shall be under the direction and " control of the President or Commander-in-Chief of the State, "who is hereby empowered to give the officers such instructions "from time to time as he shall judge most likely to answer the "purpose of protecting the trade of this State on the aforesaid "bay and river.
"Resolved, That the said Charles Pope shall render and settle "the account of his application of the aforesaid sum of money "with the President or Commander-in-Chief of the State.
"Extract from the minutes.
"Sent for consideration and concurrence.
"JAS. BOOTH, Cl'k of Assembly."
Ordered, That the foregoing resolutions and amendment be returned, by Mr. Polk, to the House of Assembly, with the con- currence of the Council to the said resolutions.
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