USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 10
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TUESDAY, October 28, 1777.
Council met.
The committee to whom the report on Saturday was recom- mitted, now brought in their report, which, by order, was read the first time. E !
Adjourned till to-morrow.
WEDNESDAY, October 29, 1777.
Council met, and, on motion and order, the report of yester- day was read a second time and approved, in the following words, viz :/
The committee of Council to whom a letter from the Honorable Thomas Mckean, Esq., late Speaker of the House of Assembly, President and Commander-in-Chief of the Delaware State, was recommitted, do now report-
That the present situation of public affairs in this State requires that 600 militia be raised as speedily as possible for the protection and defence thereof, who are to continue in service for two months, unless sooner discharged by the Commander-in-Chief, and be fur- nished in the following proportions, viz : 300 non-commissioned
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officers and privates in New Castle County, to consist of 6 com- panies of 50 men each, viz : 2 sergeants, 2 corporals, I drum- mer, I fifer, and 44 privates, to be commanded by 1 captain, I lieutenant, and I ensign ; 200 do. in Kent County, and 100 do. in Sussex County, to be officered in the same manner ;
AND WHEREAS the representatives of the several counties in this State have not, and in appearance cannot form themselves into a House for transacting of the public business, therefore from the necessity of immediately providing for the payment and sup- port of the aforesaid troops, the committee report the following resolution, to be entered into by Council, viz : That it be recom- mended to the President and Commander-in-Chief to draw the sum of £5,000 out of the hands of the Trustee of the Loan Office of Kent County, and be by him applied for the uses aforesaid; and that the Council on their part do promise and engage that they will hereafter concur with the Assembly in providing a fund for the replacing the said sum.
Your committee do further report a resolution, to be adopted by Council, recommending it to the President to draw the balance of the {10,000 emitted for the support of this State, and apply the same in discharge of the debts due to the militia heretofore called out.
Your committee do further report that, in their opinion, a committee of three persons be appointed to receive, examine and adjust the accounts of expenses which have accrued and be- come due to the Militia of the Counties of New Castle and Kent for former service, viz : Robert Bryan, Robert Armstrong, and Thomas Montgomery, gentlemen ; and also that a committee of three persons, viz : John Jones, John Rodney, and John Clowes, gentlemen, be appointed in the County of Sussex to receive, ex- amine and adjust the accounts of expenses which have accrued and become due to the Militia of said county for former service, and make report thereof to the President, who is to pay the same accordingly.
Your committee do also recommend that a certified copy of the foregoing resolutions be made out, and the approbation of such of the members of the House of Assembly as are or may be in town signified by their subscribing the same.
On motion,
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Ordered, That a copy of the preceding report and resolutions be made and delivered to the members of Assembly now in town, to be signed by them, signifying their approbation of this pro- ceeding of the Council, and that Mr. Vandyke and Mr. Bassett attend them for this purpose.
Messrs. Vandyke and Bassett, having returned, delivered at the table the copy of the report and resolutions aforesaid, with the following subscription, to wit :
We, whose names are hereunto subscribed, being members of the Assembly for the Delaware State, do approve of the foregoing report and resolutions, and do engage to support the measures proposed therein at all times hereafter, both in our private and public capacities. Witness our hands this 29th of October, 1777 :
RICHARD LOCKWOOD, SAM'L PATTERSON,
SAMUEL WEST,
JAMES BLACK,
JEHU DAVIS,
WILLIAM CLARK,
JOHN CLAYTON,
ISAAC LEWIS,
WM. MOLLOSTON,
ROBERT BRYAN,
GEORGE CRAGHEAD,
JACOB STOUT.
ROBERT ARMSTRONG,
And signed, this 4th December, 1777, by CHARLES RIDGELY.
Thereupon
Resolved, That the several resolutions mentioned in the fore- going report be adopted by this House and forthwith carried into execution.
Then the Council proceeded to the settlement of the per diem wages and mileage of the members and the accounts of their officers for the present meeting, and the following allowances were made, viz :
To George Read (Speaker), Nicholas Vandyke, Peter Hyatt, Thomas Collins, John Baning, Richard Bassett, and John Jones, Esq'rs, for nine days' attendance and mileage,
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To Benjamin Vining, Clerk, . 6 76
To Nathaniel Smithers, Jun., Doorkeeper, 1 15 O
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Ordered, That the Speaker draw orders on the Trustee of Sussex County for the payment of the several sums aforesaid.
Whereupon the said orders were drawn and signed by the Speaker.
Then the Council adjourned till the first day of December next.
MINUTES OF COUN
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MINUTES OF COUNCIL.
DECEMBER, 1777.
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ОП ПО БИТНИМ
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
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At a meeting of the Council at the Town of Dover, in the County of Kent, by adjournment, on Monday, the first day of December, Anno Domini, 1777, a sufficient number of members to compose a House not attending, the Council adjourned till to- morrow.
TUESDAY, December 2d, 1777.
The following members appeared, viz :
For New Castle County-George Read (Speaker), Nicholas Vandyke, Peter Hyatt.
For Kent County-Thomas Collins, John Baning, Richard Bassett:
And adjourned till to-morrow.
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WEDNESDAY, December 3d, 1777.
The Council met, and Col. John Jones, a member for Sussex County, appeared in the House.
The Representatives of the Counties not having formed them- selves into a House of Assembly, the Council adjourned from day to day till Monday, the 8th of December, 1777.
MONDAY, December 8th, 1777.
The Council met and adjourned till to-morrow morning, 10 o'clock.
TUESDAY, December 9th, 1777.
The Council met. Present all the members as on last Wednes- day, except Mr. Jones.
The minutes of the last meeting of the Council were read.
On motion
Resolved, That a copy of that part of the proceedings of the Council respecting the raising and pay of 600 Militia within the State, for its protection and defence, and also the appointment of committees for adjusting the accounts of expenses of former ser- vice of the Militia of the State, with the mode recommended for discharging the same, be made out and sent to the House of As- sembly, with a message from the Council setting forth the rea- sons that induced them to adopt the said measures, and recom- mending it to the House of Assembly to make such provision in
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the premises as they may judge necessary, consistent with the Laws and Constitution of the State.
Ordered, That Messrs. Bassett and Vandyke be a committee to prepare a draught of such message and report the same in the afternoon.
Adjourned till 3 o'clock.
EODEM DIE, P. M.
The Council met. Some of the members attending the Com- mittee,
Adjourned till to-morrow morning, 10 o'clock.
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WEDNESDAY, A. M., December 10th, 1777.
The Council met. The same members present as on yesterday.
The committee appointed to prepare the draught of a message to the House of Assembly now delivered one in, and the same being read was ordered to be transcribed and signed by the Speaker, and is in these words, to wit :
Gentlemen :
The Council herewith transmit a copy of their resolutions of the 29th October last, directing the raising of 600 troops within this State for the protection and defence thereof, and providing for the payment and support of said troops, and also appointing committees to receive, examine and adjust the accounts of ex- penses which had accrued and become due to the Militia of the State for former service, with the mode recommended for dis- charging the same.
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As the Representatives of the several Counties in the State did not form themselves into a House for transacting of the public business, the Council, on their part, were induced to adopt the measures contained in said resolutions to prevent the persons of the inhabitants near the water from being seized and taken pris- oners and their property plundered by the crews of the enemy's ships of war, which then were in the Delaware; to put a stop to the illegal and pernicious trade carried on with the enemy by the in- habitants of this State ; and to remove the complaints made by the Militia of non-payment for former services, which the Council were apprehensive would not only tend to delay the raising said troops, but also prevent the Militia from turning out in cases of emergency.
The Council now recommend it to your honorable House to take the said resolutions into your consideration, and make such further provision in the premises as you may judge necessary, consistent with the Laws and Constitution of the State. .
Ordered, That Mr. Collins wait on the House of Assembly with the said message and copy of the resolutions of this House of the 29th October last respecting the raising and pay of the . 600 Militia within the State for its protection and defence, and. also the appointment of committees for adjusting the accounts of expenses of former service of the Militia of the State, with the mode recommended for discharging the same.
Who, being returned, reported that he had delivered the same according to order.
A committee from the House of Assembly, attending at the door, were admitted and delivered the following verbal message, to wit :
That the House of Assembly had chosen their Speaker, and were now ready to proceed on any business that the Council should think fit to lay before them.
The Council resumed the consideration of the petition from divers of the inhabitants, freeholders and electors of Sussex County, complaining of their being prevented from electing Representatives for that County to the General Assembly, and also of Sheriffs and Coroners, for the ensuing year, by an armed force, and thereupon
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Ordered, That a committee be appointed to bring in a bill for the holding an election in that county, at a short day, for the choosing of Representatives to the General Assembly, and also for the election of Sheriffs and Coroners, for the ensuing year ; and
Resolved, That the petition aforesaid, with the papers attending the same, be sent to the House of Assembly for their perusal, and that that House be requested to appoint a committee to confer with a committee of Council on the subject matter of the said petition, who shall severally report thereon.
Ordered, That Mr. Baning wait on the House of Assembly with the said petition and a copy of the foregoing order and resolve.
Who, being returned, reported that he had delivered the same according to order.
Resolved, That Mr. Vandyke, Mr. Bassett, and Mr. Collins be a committee to bring in the bill aforesaid for holding an election in Sussex County at some short day.
Adjourned till 3 o'clock.
EODEM DIE, P. M.
The Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a " Bill to remedy the loss of divers Public Seals of Office in the County of New Castle," which, by order, was read the first time.
And also the following resolution, to wit :
"IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, "WEDNESDAY, P. M., December 10, 1777.
"Resolved, That Messrs. Craghead, Lockwood, and Black be
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"a Committee of Accounts for the present year ; and that Mr. "Craghead wait on the Council and propose to them the ap- "pointment of a committee of their body to join the committee "of this House in the business referred to them, if they think "proper."
Which, by order, was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., December 11th, 1777.
The Council met. Present the same members as on yesterday. Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., December 12th, 1777.
The Council met. Present the same members as on yesterday.
The committee appointed to bring in a bill for holding an elec- tion in Sussex County at some short day, now delivered one in, which, by order, was read the first time.
On motion, by special order,
The same was read the second time by paragraphs and passed, and ordered to be transcribed, and that Mr. Baning wait on the House of Assembly with the transcribed bill for their consideration and concurrence.
A message from the Vice-President to the General Assembly, respecting the advance of a sum of money to Lieutenant Colonel
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Pope, to purchase clothing for the Delaware Battalion in the Con- tinental service, was delivered at the table, and, by order, read the first time.
On motion and order,
The resolve of the House of Assembly of Wednesday last, for the appointment of a Committee of Accounts for the present year, was referred to Messrs. Bassett and Vandyke, to report thereon to-morrow morning.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., December 13th, 1777.
The Council met. Present the same members as on yesterday.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair certain resolutions for the borrowing of seven hundred and fifty pounds, on the credit of the State, to be put into the hands of Lieutenant Colonel Charles Pope, to enable him to proceed in the purchase of clothing for the Delaware Regiment.
Which, by order, were read, and an amendment proposed by way of addition to the last resolve being agreed to, the same was transcribed.
Ordered, That Mr. Hyatt wait on the House of Assembly with the said resolutions and the amendment proposed thereto for their consideration and concurrence.
Who, being returned, reported that he had delivered the same according to order.
Adjourned till 3 o'clock.
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EODEM DIE, P. M.
Col. Jones, who had been absent, now appeared in Council.
The committee to whom the resolve of the House of Assembly of Wednesday last, for the appointment of a Committee of Ac- counts for the present year, was referred, do now report it as their opinion that the following message be sent to the House of As- sembly, to wit :
Gentlemen :
The Council have taken your resolution of Wednesday last, for the appointment of a Committee of Accounts for the present year, into consideration, and are of opinion that the whole busi- ness cannot be well executed by one committee. By the gen- erality of the appointment, accounts between this State and the United States, future accounts of the Militia within this State, Loan Office accounts, Military Treasurers' accounts, with some others, will be included. This, we apprehend, was not intended by you ; but, if so, we cannot consent thereto. To state the accounts of expenditures by this State for and in behalf of the Continent will be a tedious business, requiring knowledge, atten- tion and care, and it may be too burthensome to exact any other service of the committee who may be appointed for that purpose. Therefore we submit it to you whether it is not necessary to ap- point committees severally for the several services.
Which being agreed to,
Ordered, That the same be transcribed and signed, and that Mr. Jones deliver the same to the House of Assembly.
Who, being returned, reported that he had delivered the same according to order.
On motion and order,
The bill to remedy the loss of divers Public Seals of Office in the County of New Castle was read a second time, and, upon consideration thereof, divers amendments were proposed and agreed to.
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Ordered, That the same be transcribed and sent by Mr. Bassett to the Assembly.
Who, being returned, reported that he had delivered the same according to order.
It appearing to the Council that the committee appointed by the General Assembly, at their meeting in January last, to pro- cure the making and engraving of a Great Seal of this State, have not yet completed that business, and that the Seal of New Castle County, ordered by the General Assembly to be the Great Seal of this State pro tempore until the seal to be procured as aforesaid should be delivered to the President, hath fallen into the hands of the enemy, and still is in their possession, by means whereof there is not at this time any Great Seal of the State to affix to laws and commissions ; therefore -
Resolved, That the ancient Seal of the County of Kent, dated .'83, shall be held and deemed to be the Great Seal of the State pro tempore, until the Great Seal ordered to be made and en- graven as aforesaid shall be delivered to the Commander-in-Chief of the State.
Ordered, That Mr. Bassett wait on the House of Assembly
, with this resolve, for their concurrence.
Who, being returned, reported that he had delivered the same according to order.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair a "Bill for reviving the Levy Court and Court of Appeal for the County of New Castle, and for reestablishing the process in the Supreme Court through- out the State, and for occasional adjournments or removals of the Courts from the County Towns;" and a " Bill directing the choice of Assessors for the present year in such Hundreds in the County of New Castle where Assessors have not been chosen agreeable to the laws of this State, and for other purposes therein men- tioned," for the consideration and concurrence of Council.
Adjourned till Monday morning, 10 o'clock.
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MONDAY, A. M., December 15th, 1777.
The Council met. Present the same members as on Saturday.
On motion and order,
The "Bill directing the choice of Assessors for the present year in such Hundreds in the County of New Castle where As- sessors have not been chosen agreeable to the laws of this State, and for other purposes therein mentioned," was read the first time.
Ordered also,
That the "Bill for reviving the Levy Court and Court of Ap- peal for the County of New Castle, and for reestablishing the process in the Supreme Court throughout the State, and for occasional adjournments or removals of the Courts from the County Towns," have its first reading, which was done accord- ingly.
On motion and order,
The "Bill directing the choice of Assessors for the present year in such Hundreds in the County of New Castle where Assessors have not been chosen agreeable to the laws of this State, and for other purposes therein mentioned," was read a second time.
Ordered also,
That the "Bill for reviving the Levy Court and Court of Ap- peal for the County of New Castle, and for reestablishing the process in the Supreme Court throughout the State, and for oc- casional adjournments or removals of the Courts from the County Towns," have its second reading, which was done accordingly.
Ordered, That both the said bills be committed to Messrs. Collins, Vandyke, and Jones, to report thereon.
A member from the House of Assembly returned to the Chair the resolution for adopting the ancient Seal of Kent County as the Great Seal of this State pro tempore, with the concurrence of the
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House of Assembly thereto ; and also the bill to remedy the loss of divers Public Seals of Office in the County of New Castle, with the amendments proposed by the Council, to which the House of Assembly also agreed.
Ordered, That the said bill be engrossed.
A member of the House of Assembly, attending at the door, was admitted and delivered to the Chair the following resolution, to wit :
" IN THE HOUSE OF ASSEMBLY, "MONDAY, December 10, 1777.
" On motion,
"Resolved, That this House will, to-morrow in the forenoon, "adjourn for this present sitting to some future day." .
"Ordered, That Major Bryan wait on the Council with a copy "of the above resolution respecting the adjournment of the Gen- "eral Assembly."
Which being read and considered,
Resolved, That a committee of Council be named to confer with a committee of the House of Assembly on the subject of the said resolution.
Whereupon Messrs. Vandyke and Bassett were appointed.
Ordered also, That Mr. Vandyke deliver the following verbal message to the House of Assembly, to wit :
Gentlemen :
The Council having received a notice from your House of their intention to adjourn to-morrow in the forenoon, do apprehend that the business now before them and necessary to be completed before the rising of the General Assembly cannot be gone through by the time limited by you ; therefore the Council do propose to the House of Assembly the appointment of a committee of their House to confer with Messrs. Vandyke and Bassett, a committee of Council, on the subject of the adjournment, as proposed by the House of Assembly.
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Mr. Vandyke, being returned, reported that he had delivered the same according to order.
A member from the House of Assembly informed the Chair that Messrs. Patterson, Craghead, and Bryan were appointed a committee to confer with the committee of Council as to the time of adjourning.
The said committee of conference met and agreed that it be recommended to the House of Assembly to reconsider their resolution for adjourning to-morrow in the forenoon.
A message from the Vice-President to the General Assembly, with a resolution of Congress of the 14th of November last, res- pecting the sufficiency of the force within the State to prevent the disaffected from furnishing the enemy with provisions, and also a request for a speedy representation of the State in Congress, was delivered at the table, and, by order, read the first time.
· On motion,
Ordered, That Col. Collins wait on the House of Assembly and propose to them the choosing of Delegates for this State to Congress for the ensuing year, by joint ballot of both Houses, to-morrow, at 3 o'clock, P. M.
Who, being returned, reported that he had delivered the same according to order.
Mr. Bassett having applied for leave of absence for a few days, it is granted to him.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following message from the Assembly, to wit :
"A MESSAGE FROM THE ASSEMBLY TO THE COUNCIL.
" Gentlemen :
"The House of Assembly have taken into their consideration "your proposition relative to the choice of Delegates from this "State to Congress, and think it expedient that both Houses "should, previous to the election, meet and put in nomination "persons qualified for Delegates to Congress, agreeable to the
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" mode heretofore used by both Houses in such cases; and there- "fore this House propose to the Council to meet at 10 o'clock "to-morrow morning, at such place as the Council may think "proper."
Which, being read, was agreed to, and the following answer, drawn up at the table, was ordered to be sent to the House of Assembly, to wit :
AN ANSWER FROM THE COUNCIL TO A MESSAGE FROM THE ASSEMBLY.
Gentlemen :
The Council agree to the meeting proposed by the House of Assembly at 10 o'clock to-morrow morning, to put in nomination persons who shall be balloted for as Delegates to Congress, and that the place of meeting be in the Council Room.
Mr. Hyatt, appointed to deliver the same, reported that he had so done according to order.
A member from the House of Assembly, attending at the door, was admitted and informed the Chair that the House of Assembly acceded to the place of meeting fixed by the Council.
Adjourned till to-morrow morning, 10 o'clock.
TUESDAY, A. M., December 16th, 1777.
The Council met. Present the same members as on yesterday except Mr. Bassett, and adjourned till to-morrow morning.
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WEDNESDAY, A. M., December 17th, 1777.
The Council met. Present the same members as on yesterday.
Mr. Clayton, a member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following message, to wit :
·
"A MESSAGE FROM THE ASSEMBLY TO THE COUNCIL.
" Gentlemen :
"The House of Assembly, being unable to meet yesterday "by the absence of one of their members, could not attend the "Council for the purpose of putting in nomination persons quali- "fied for Delegates to Congress, agreeable to the joint resolution "of both Houses, do therefore propose to meet the Council "forthwith for the purpose aforesaid ; and they also propose to "your honorable House that both Houses proceed to the elec- "tion, by joint ballot, at 3 o'clock. P. M.
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