USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 11
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"Signed by order of the House.
"SAM'L WEST, Speaker.
"Dover, 17th December, 1777."
Which being read, the Council agreed to the time of nomina- tion and balloting for Delegates as proposed in the said message.
Ordered, That Mr. Baning wait on the House of Assembly and inform them thereof, and that the Council are now ready to re- ceive the House of Assembly in the Council Room.
Who, being returned, reported that he had delivered the same according to order.
The Council and Assembly being met in the Council Room, to put in nomination persons who are to be balloted for as Dele- gates to Congress, agreeable to the order of the day, on a mo- tion made that the General Assembly do fix upon the number of Delegates that shall represent the State in Congress the en-
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suing year, previous to the putting any person in nomination it is unanimously agreed that three persons shall be chosen for this service.
Then the members proceeded to put in nomination divers per- sons, whose names being taken down for the consideration of the members of both Houses, the General Assembly adjourned till 3 o'clock in the afternoon.
EODEM DIE, P. M.
The General Assembly met.
Then the members of both Houses proceeded to the ballot, which, being taken down, it appeared that Cæsar Rodney, Nich- olas Vandyke, and Thomas Mckean, Esquires, had a majority of voices, and are declared duly elected Delegates from this State to Congress for the ensuing year.
Then the members of Assembly withdrew.
The committee to whom the bills directing the choice of Asses- sors 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, and also the 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 throughout the State, and for occasional ad- journments or removals of the Courts from the County Towns, were committed, report it as their opinion that the subject matter of the said two bills hath relation to each other and ought to be formed into one bill ; and the committee further report that they essayed the draught of such a bill, by way of amendment to the said two bills, which they submit to the correction of the Council.
.On motion and order,
The said bill of amendment was read the first time.
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By special order the same was read the second time, and, after some amendments, was agreed to, and ordered to be transcribed.
Ordered, That Mr. Vandyke wait on the House of Assembly with the said transcribed bill for their consideration and concur- rence.
Mr. Bryan, a member from the House of Assembly, attending, was admitted and delivered to the Chair a " Bill impowering the President or Commander-in-Chief of the Delaware State to draw out of the Loan Office of Kent County the sum of five thousand pounds ;" and also the resolutions for borrowing seven hundred · and fifty pounds, on the credit of the State, to be put into the hands of Lieutenant Colonel Pope to purchase clothing for the Delaware Regiment, with the amendment proposed by the Coun- cil by way of addition to the last resolve, to which the House of Assembly had agreed, and accordingly added a further resolu- tion, setting forth the loan of the aforesaid sum of seven hundred and fifty pounds by Vincent Loockerman, and charging this State with repayment of the same with interest.
Council adjourned till Friday morning, 10 o'clock.
FRIDAY, A. M., December 19th, 1777.
The Council met. Present all the members as on Wednesday, and also Mr. Bassett.
On motion,
The resolutions for borrowing seven hundred and fifty pounds on the credit of the State, and for repaying the same with inter- est, were read and concurred in, and are as follows, to wit :
"IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, " FRIDAY, P. M., December 12th, 1777.
"Resolved, That the sum of seven hundred and fifty pounds "be borrowed upon the credit of this State, and that the Vice-
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" President sign certificates to the person or persons lending the " same.
"Resolved, That this House will devise ways and means for the "repayment to the lender or lenders thereof.
"Resolved, That the said sum of seven hundred and fifty "pounds be put into the hands of Lieutenant Colonel Charles "Pope, to enable him to proceed in the purchase of clothing for "the Delaware Regiment aforesaid, and that Colonel Pope be "accountable for the expenditure thereof to the General Assem- "bly, or to the President or Vice-President of the State for the "time being in the vacation of Assembly, in order that the State "may have the said sum refunded by Congress.
"WEDNESDAY, P. M., December 17th, 1777.
"It appearing to the House that Vincent Loockerman, of "Dover, in the County of Kent, on the sixteenth day of Decem- "ber instant, had paid into the hands of the Vice-President of "this State, in pursuance of the joint resolution of both Houses, "made on Saturday last, the sum of seven hundred and fifty "pounds, lawful money, for the use of this State.
"Resolved, That this State be chargeable with, and the same "is hereby made chargeable with the said seven hundred and "fifty pounds, to be paid to the said Vincent Loockerman, his "executors, administrators, or assigns, at any time within one "year from this date, with interest at the rate of six per cent. per "annum, from the sixteenth day of December, instant, until the "same be repaid.
"Ordered, That Mr. Bryan wait on the Council with the reso- "lutions for the borrowing seven hundred and fifty pounds, upon "the credit of the State, and putting the same into the hands of " Lieutenant Colonel Pope to purchase clothing for the Delaware "Regiment, and inform them that this House has acceded to the "amendment proposed thereto, and that he deliver a copy of the "last resolution for their consideration and concurrence.'
On motion and order,
The bill empowering the President or Commander-in-Chief to draw out of the Loan Office of Kent County the sum of five thousand pounds, was read the first time.
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By special order the same was read a second time, and there- upon committed to Messrs. Bassett and Vandyke to report thereon.
The committee report divers amendments as necessary to the said bill, which, being read, were severally agreed to.
Ordered, That the said bill, with the amendments, be sent to the House of Assembly for their consideration and concurrence.
Colonel Jones is appointed for this purpose, and also to return the resolutions for the borrowing of seven hundred and fifty pounds, on the credit of the State, and for the repaying the same, with the concurrence of the Council thereto.
Who, being returned, reported that he had delivered the same according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
On motion and order,
That a certificate of the appointment of the Delegates to the Congress, as chosen on Wednesday, the 17th inst., in the Gen- eral Assembly, expressing the powers they are to be invested with, be drawn up and sent to the House of Assembly for their concurrence, which, being done and transcribed, was, by order, read and agreed to, as follows, to wit :
WHEREAS Cæsar Rodney, Nicholas Vandyke, and Thomas McKean, Esquires, have been chosen, by joint ballot of the two Houses of Assembly, to represent the Delaware State in the Continental Congress, .
Resolved, That they, or any one or more of them, are hereby fully authorized and empowered, for and in behalf of this State, to concert, agree to, and execute any measure which they or he, together with a majority of the Continental Congress, shall judge
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necessary for the defence, security, interest, and welfare of this State in particular and America in general; with power to ad- journ to such times and places as shall appear most conducive to the public safety and advantage.
Mr. Hyatt is ordered to deliver the same to the House of As- sembly for their concurrence.
Mr. Hyatt, being returned, reported that he had delivered the same according to order.
Mr. Armstrong, a member from the House of Assembly, at- tending at the door, was admitted and delivered to the Chair a "Bill for defraying the expenses of the General Assembly," which, by order, was read the first time.
By special order the same was read a second time, and, upont the vote, postponed. .
A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the certificate of the appointment of the Delegates to the Congress, as chosen 'on Wednesday, the 17th instant, in the General Assembly, express- . ing the powers they are to be invested with, with the concurrence - of the House of Assembly thereto.
The same member also delivered to the Chair the following message from the Assembly, to wit :
"A MESSAGE FROM THE ASSEMBLY TO THE COUNCIL.
"Gentlemen :
"This House having sent to the Council, on Wednesday "last, for their consideration and concurrence, a bill entitled 'An "act empowering the President, Vice- President, or Commander- "in-Chief, to draw out of the Loan Office of Kent County the "sum of five thousand pounds, part of the sum emitted by an "act entitled, 'An act for printing and emitting fifteen thousand "pounds in Bills of Credit of this State, to be let out on loan, "and for striking the further sum of ten thousand pounds in "such bills for the use of this State, and for providing a fund for "sinking the same;"' and the said bill being returned to the "House this day, by a member of Council, with a bill entitled " 'A supplement to an act entitled 'An act for printing and 22
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"emitting fifteen thousand pounds in Bills of Credit of this State, "to be let out on loan, and for striking the further sum of ten "thousand pounds in such bills, for the use of this State, and for "providing a fund for sinking the same," which, by a verbal " message, was said to be an amendment to the first mentioned " bill ; this being contrary to the mode of proceeding used in "such cases by both Houses (it having been usual heretofore, as "this House conceives, to point out amendments particularly in "writing,) the House of Assembly desire to know, by a written "message, whether the said supplementary bill was intended as "amendatory of the said first mentioned bill or not.
" Dover, Dec. 19, 1777."
And the same being taken into consideration, an answer was drawn up at the table, and ordered to be transcribed and signed by the Speaker, and is as follows, to wit :
AN ANSWER FROM THE COUNCIL TO A MESSAGE FROM THE ASSEMBLY.
Gentlemen :
The Council, when they sent the bill entitled "A supple- ment to an act entitled 'An act for printing and emitting fifteen thousand pounds in Bills of Credit of this State, to be let out on loan, and for striking the further sum of ten thousand pounds in such bills for the use of this State, and for providing a fund for sinking the same,'" intended the same as an amendment to the bill sent from the House of Assembly entitled "An act empower- ing the President, Vice-President, or Commander-in-Chief to draw out of the Loan Office of Kent County the sum of five thousand pounds, part of the sum emitted by an act entitled 'An act for printing and emiting fifteen thousand pounds in Bills of Credit of this State, to be let out on loan, and for striking the further sum of ten thousand pounds in such bills, for the use of this State, and for providing a fund for sinking the same,'" as appears by the verbal message delivered by the member of the Council who returned the original bill, together with the amendment. The Council were induced to this proceeding, (tho' not strictly regu- lar,) merely for the saving of time. From the notice sent by your House, on Monday last, of their intention to adjourn, and the conference of the committees thereon, the Council apprehend- ed that some of the usual forms of proceeding must be dispensed
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with, or otherwise much of the business before both Houses would be left unfinished ; however, we do not mean or wish to establish it as a precedent, and if the House of Assembly shall think it necessary to return the two bills thus sent, the Council will pro- ceed on the bill from your House in the usual mode.
Ordered, That Mr. Bassett deliver the same to the House of Assembly.
Who, being returned, reported that he had delivered the same according to order.
A member from the House of Assembly, attending, was ad- mitted and returned the bill directing the choice of Assessors for the present year in the County of New Castle, and 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, with an amendment, which, being agreed to, was made therein.
Ordered, That Mr. Vandyke wait on the House of Assembly with the said bill and inform them that the Council acceded to the amendment proposed.
Mr. Vandyke returned and reported that he delivered the bill and message according to order.
Mr. Craghead, a member from the House of Assembly, attend- ing, was admitted and delivered to the Chair the following reso- lution, to wit :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, December 19th, 1777.
"The House resumed the consideration of one of the resolu- "tions of Council of the 29th of October, referred to in a message "from the Council of the 10th instant, which has not been acted "upon by this House, and is as follows, to wit :
" That a committee of three persons be appointed to receive, "examine, and adjust the accounts of expenses which have ac- "crued and become 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
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" that a committee of three persons, viz : John Jones, John Rod- "ney, and John Clowes, gentlemen, be appointed in the County " of Sussex, to receive, examine, and adjust the accounts of ex- "penses 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.
"And thereupon
"Resolved, That this House concur in the said resolution.
"Ordered, That the above be transcribed, and that Mr. Crag- "head wait on the Council and deliver the same.
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Ordered also, That Mr. Craghead inform the Council that this "House intends, to-morrow, in the afternoon, to adjourn to some "future day."
Which, by order, was read the first time.
The memorial of Ephraim Blaine, Deputy Commissary Gen- eral of Purchase for the Continental Army, was read the first time and ordered to be delivered to the Assembly for their pe- rusal. Col. Jones is appointed for this purpose, who, being re -- turned, reported that he had delivered the same according to order.
Adjourned till to-morrow, 10 o'clock, A. M.
SATURDAY, A. M., December 20th, 1777.
The Council met. Present the same members as on yesterday. On motion,
The resolution of Council of the 29th of October, with the concurrence of the House of Assembly, delivered the last even- ing, was read, and, upon consideration, the following message
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was drawn up at the table and agreed to be sent to the House of Assembly, to wit :
Gentlemen :
We received a resolution by member of your House last even- ing concuring in a resolution of the 29th of October last, for the appointment of two several committees for adjusting the accounts due to the Militia of the State for former service, and referred to, among other things, in our message to you of the 10th instant, but without any alteration in the form of that part of the resolu- tion respecting the report to be made by these committees. When the Council adopted this resolution, it was a doubt with them whether your House could or would have been formed in the course of the year, and therefore extremly uncertain when a General Assembly would meet; but this being obviated, this Council took an early opportunity to lay the whole before you, wishing you to make further provision and supply the irregular- ity of a proceeding adopted from necessity. But as the House of Assembly have not done more than return a general concur- rence, the Council beg leave to recommend to the Assembly a reconsideration of that resolution, and submit whether it is not necessary to direct the report to be made to the General Assèm- bly, in order the allowances therein may receive such approba- tion as is usual in such cases, and that it may be a voucher in the State's account against Congress, without which sanction, we doubt, it will not be considered a proper voucher. The demand of the State will be considerable, and a risque of this sort should be avoided while in our power. We beg leave, also, to remind you that you have not acted upon all the resolutions of the 29th of October last. A material one is omitted, to wit : that which re- commends it to the President to draw for the balance of the ten thousand pounds emitted for the support of the State and apply the same to discharge the debts to be ascertained by the commit- tees aforesaid.
Ordered, That Mr. Baning deliver the same.
Who, being returned, reported that he had delivered the same according to order.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
On motion,
Resolved, That Messrs. Cæsar Rodney, James Sykes, and Eleazar M. Coombs be a committee to state an account of the monies advanced by the State, or on the credit thereof, for re- cruiting the Delaware Battalion in the two last campaigns, and of the expenditures of the same; and also to state an account of expenditures by this State for and in behalf of the United States, and that the said committee be empowered to send for persons; papers and things.
On motion,
Resolved, That the Prothonotary of the Court of Common Pleas for Kent County do deliver the ancient Seal of the said County, dated '83, used in his office, unto the Vice-President or Commander-in-Chief of the State, the same seal being established as the Great Seal of this State, until a new one is made and de- livered to the Commander-in-Chief, and then it is ordered that the seal aforesaid be redelivered to the Prothonotary. -
Which, by order, was read the first time, and agreed to be sent to the House of Assembly for their concurrence.
Ordered, That Col. Collins deliver the said resolutions to the House of Assembly for concurrence.
Who, being returned, reported that he had delivered the same according to order.
Mr. Armstrong, a member from the House of Assembly, at- tending at the door, was admitted and returned to the Council "A supplement to an act entitled 'An act for printing and emit- ting fifteen thousand pounds in Bills of Credit of this State, to be let out on loan, and for striking the further sum of ten thousand pounds in such bills for the use of this State, and for providing a fund for sinking the same,' " with the concurrence of the House of Assembly thereto.
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WHEREAS the two months limited for the service of the 600 Militia ordered to be raised by a resolution of the Council of the 29th October last, for the protection and defence of the State, is near expiring, and the present situation of the public affairs in the State requires that a standing body of the Militia be kept up ; therefore
Resolved, That the like number of Militia be continued in the service of the State for other two months, unless sooner dis- charged by the Commander-in-Chief, and that they be furnished in the same proportion as by the said resolution of the 29th of October last is directed.
Ordered, That Mr. Vandyke deliver the same to the House of Assembly for their concurrence.
Mr. Vandyke, being returned, reported that he had delivered the same according to order.
Mr. Stout, a member from the House of Assembly, attending, was admitted, and returned to the Chair the resolution of the Council for the appointment of Cæsar Rodney, James Sykes, and Eleazar McCombs, to be a committee to state an account of the monies advanced by this State, or on the credit thereof, for recruiting the Delaware Battalion in the two last campaigns, and of the expenditures of the same, and of the expenditures of this State in behalf of the United States. Also the resolution of Coun- cil for the delivery of the ancient Seal of Kent County to the Vice-President. And also the resolution of Council for continu- ing 600 Militia in the service of the State for other two months, unless sooner discharged by the Commander-in-Chief, with the concurrence of the House of Assembly to each of the said reso- lutions.
The bill entitled "An act to remedy the loss of divers Public Seals of Office in the County of New Castle," and the bill enti- tled "A supplement to an act entitled 'An act for printing and emitting fifteen thousand pounds in Bills of Credit of this State, to be let out on loan, and for striking the further sum of ten thousand pounds in such bills for the use of this State, and for providing a fund for sinking the same,' " being severally exam- ined and compared, the Council agree that the same be enacted into laws.
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Ordered, That Mr. Bassett return the same to the House of Assembly, to be signed by their Speaker.
Mr. Lockwood, a member from the House of Assembly, at- tending, was admitted and delivered to the Chair the following resolves, to wit :
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., December 20, 1777.
"The House resumed the consideration of the message sent from Council this afternoon, and thereupon
"Resolved, That a committee of three persons be appointed to "receive, examine, and adjust the accounts of expenses which "have accrued and become 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 " Clowes, and John Rodney, gentlemen, be appointed in the "County of Sussex, to receive, examine, 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 General Assembly of Delaware at their next meeting.
"Resolved, That the Vice-President or Commander-in-Chief "be empowered to draw for and apply the balance of ten thou- "sand pounds, emitted for the support of this State by an act "entitled 'An act for printing and emitting fifteen thousand "pounds in Bills of Credit of this State, to be let out on loan, "and for striking the further sum of ten thousand pounds in such " bills for the use of this State, and for providing a fund for sink- "ing the same,' towards the discharge of the debts due to the " Militia heretofore called out."
Which, by order, was read the first time.
The same, by special order, was read the second time and con- curred in.
Ordered, That Mr. Baning return the same to the House of Assembly with the concurrence of Council thereto.
Who, being returned, reported that he had delivered the same according to order.
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Dr. Molleston, a member from the House of Assembly, attend- ing at the door, was admitted and returned to the Chair the bill entitled "An act to remedy the loss of divers Public Seals of Office in the County of New Castle ;" also the bill entitled "A supplement to an act entitled 'An act for printing and emitting fifteen thousand pounds in Bills of Credit of this State, to be let out on loan, and for striking the further sum of ten thousand pounds in such bills for the use of this State, and for providing a fund for sinking the same;'" and also the "Bill directing the choice of Assessors for the present year in the County of New Castle, and reviving the Levy Court and Court of Appeal for the County of New Castle, and for reestablishing the process in the Supreme Court throughout the State, and for occasional ad- journments or removals of the Courts from the County Towns," signed by the Speaker of the House of Assembly.
Ordered, That the said bills be signed by the Speaker of the Council, which was done accordingly.
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On motion,
Resolved, That the President and Commander-in-Chief affix the Great Seal of this State to the following laws, to wit :
I. "An act to remedy the loss of divers Public Seals of Office in the County of New Castle ;"
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