USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 12
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2. "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 ;' "
3. "An act 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 re- establishing the process in the Supreme Court throughout the State, and for occasional adjournments or removals of the Courts from the County Towns ;"
Passed this session.
Mr. Davis, a member from the House of Assembly, attending, was admitted and delivered to the Chair the following report,' to wit :
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MINUTES OF THE COUNCIL OF
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., December 20th, 1777.
"The House resolved itself into a Grand Committee to con- "sider of certain accounts brought in for the service of the State, "and after some time spent therein the Chairman of the Com- "mittee reported that they had allowed the following accounts, "to wit :
"To the Honorable Thomas Mckean, Esquire, . £ 90 0 111/2 "To James Sykes, Esq., for signing paper money "and expenses in attending Congress, . 55 I 9
"To Richard Lockwood and John Clarke, Es- "quires, each {16, for signing paper money, . 32 0 o "To Philip Barratt, Esq., Sheriff of Kent County, "for public services, . 29 0 01
"To Thomas Wild, Goaler of Kent County, 6 10 3
"To James Booth, as Secretary and Clerk of As- .
"sembly, for former services, &c., 42 4 6
£ 254 17 57/2
Which said report was agreed to by the House of Assembly and sent to the Council for concurrence, and returned with the concurrence of Council thereto.
Ordered, That Mr. Bassett deliver to the House of Assembly the several laws passed this session, signed by the Speaker of the Council, together with a resolve of Council for affixing the Great Seal to the said laws.
Who, being returned, reported that he had delivered the same according to law.
A member from the House of Assembly, attending, was admit- ted and delivered to the Chair the following resolve, to wit :
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., December 20, 1777.
" On motion,
"Resolved, That the Vice President and Commander-in-Chief
"be empowered to draw on the Trustees of the Loan Offices of
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THE DELAWARE STATE, 1777.
"this State for the several sums agreed by the General Assembly "to be due to the following persons, out of the interest monies "in the said offices, viz :
"To the Honorable Thomas Mckean, Esquire, . £ 90 O II12
"To James Sykes, Esquire, . 55 I 9
"To Richard Lockwood and John Clarke, Esq'rs, "£ 16 each, 32 0 0
"To Philip Barratt, Esquire, 29 0 0
"To Thomas Wild, 6 10 3
"To James Booth, Esquire, 42 4 6
Which said resolve was agreed to by the House of Assembly and sent to the Council for concurrence, and returned with the concurrence of Council thereto.
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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 for 21 days' attendance and mileage,
£100 II 4 . .
To Mr. Benjamin Vining, Clerk, . 11 19 6
To Nathaniel Smithers, Jun., Doorkeeper, 4 00
To Mr. French Battell, for fire, candles, &c., 15
To Mr. French Battell, for sundry expenses of the Council, 150 18 3
£ 282 9 I
Ordered, That the Speaker draw orders on the Trustees of the Loan Offices of Kent and Sussex for the payment of the several sums aforesaid.
Whereupon the said orders were drawn and signed by the Speaker.
Then the Council adjourned to the first Monday in March next.
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MINUTES OF COUNCIL.
FEBRUARY, 1778.
VCI
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
SPECIAL SESSION, FEBRUARY, 1778.
At a meeting of the Council at the Town of Dover, in the County of Kent, by a special order of the Vice-President, on Tuesday, the seventeenth day of February, Anno Domini 1778, a sufficient number of members to compose a House not attend- ing, the Council adjourned from day to day till Thursday, Feb- ruary 19th, 1778.
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THURSDAY, February 19th, 1778.
The Council met, but a quorum of the House of Assembly not attending, the Council adjourned from day to day till Saturday, February 21st, 1778.
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SATURDAY, February 21st, 1778.
The Council met.
The following members appeared in the Council, viz :
For New Castle County-George Read (Speaker), Nicholas Vandyke, Peter Hyatt.
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For Kent County-Richard. Bassett, John Baning, Thomas Collins.
For Sussex County-Col. John Jones.
.A message from the Vice-President to the General Assembly, respecting the raising of the Militia for reinforcing General Small- wood, at Wilmington, in compliance with the requisition of his Excellency General Washington of the 19th of December last, in order to prevent any attempt of the enemy to get possession of that port, and the neglect of the Militia to obey the orders for their march owing to the deficiency of the law ; and also respect- ing the recruiting of the Delaware Battalion, either by drafting or otherwise, agreeable to a further requisition of his Excellency General Washington, contained in his letter of the 19th of Janu- ary last, together with copies of the said letters, was delivered att the table,
And, on motion and order, the same were read.
Mr. Bryan, a member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following order of that House, to wit :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, February 21st, 1778. ...
"The House took into consideration that part of the message "from his Honor the Vice-President, recommending measures "to be taken for the completion of the Delaware Regiment, and "thereupon
"Ordered, That Mr. Bryan wait on the Council and propose to "them the appointment of a committee of their body to join with "a committee of this House to consider of the best methods for "the speedy completing of the said regiment, who may severally "report thereon.'
Which, by order, was read and agreed to, and Messrs. Collins, Vandyke, and Jones are appointed on the part of the Council a committee of conference on the business aforesaid.
Ordered, That Mr. Bassett wait on the House of Assembly with this resolution of concurrence and appointment.
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THE DELAWARE STATE, 1778.
Who, being returned, reported that he had delivered the same according to order.
Mr. Stout, a member from the House of Assembly, attending at the door, was admitted and returned to the Chair the bill en- titled "An act to enable the Sheriff of the County of Sussex to hold an election in said county to elect members of the General Assembly, Sheriffs and Coroners for the said county for the en- suing year," with amendments thereto, which, by order, were read and agreed to, and the amendments were accordingly made in the bill.
Ordered, That Mr. Vandyke wait on the House of Assembly and inform them that the Council had acceded to their proposed amendments in the bill aforesaid.
Mr. Vandyke, being returned, reported that he had delivered * the same according to order.
Ordered, That the said bill be engrossed.
Upon the question, it is
Resolved, That the seat of Daniel Dingee in the Council be- came vacant on the first day of October last, and the member of Council to be chosen under the bill now passed for holding an election in the County of Sussex is to supply that vacancy.
It appearing to the Council that Samuel Shelton Sloss, a mem- ber of this House, died lately, on motion
Ordered, That the Speaker issue a writ to the Sheriff of Sussex County, directing him to hold an election on the second day of March next for the choosing a new member to supply the vacancy occasioned by the death of Mr. Sloss.
The bill for the holding an election in Sussex County, being engrossed, was read and compared and passed the Council.
Ordered, That Mr. Jones deliver the same to the House of As- sembly for comparison and to be signed by the Speaker of that House.
Mr. Jones, being returned, reported that he had delivered the same according to order.
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Mr. Stout, a member from the House of Assembly, attending at the door, was admitted and returned to the Chair the bill for the holding an election in Sussex County, signed by the Speaker of the House of Assembly.
Ordered, That the said bill be signed by the Speaker of the Council, which was done accordingly.
On motion,
Resolved, That the Vice-President and Commander-in-Chief affix the Great Seal of this State to the act entitled "An act to enable the Sheriff of the County of Sussex to hold an election in said county to elect members of the General Assembly, Sheriff, and Coroners for the said county for the ensuing year.'
Adjourned till Monday morning, 10 o'clock.
MONDAY, February 23d, 1778.
The Council met. Some of the members attending the com- mittee, the Council adjourned till to-morrow morning, 10 o'clock.
TUESDAY, February 24th, 1778.
The Council met. Present the same members as on yesterday, except Col. Jones.
The committee of Council appointed to confer with a commit- tee of the House of Assembly on the subject matter of complet- ing the Delaware Regiment, now delivered their report at the table, which, by order, was read the first time.
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THE DELAWARE STATE, 1778.
Dr. Ridgely, a member from the House of Assembly, attending at the door, was admitted and delivered to the Chair certain reso- lutions founded on the report of the committee of conference for completing the Delaware Regiment, which, by order, were read the first time.
By special order the same were read a second time, and divers amendments being proposed and agreed to, were ordered to be transcribed and sent to the House of Assembly for their concur- rence.
Ordered, That Mr. Hyatt wait on the House of Assembly with the said resolutions and amendments.
Mr. Hyatt, being returned, reported that he had delivered the same according to order.
Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, A. M., February 25th, 1778.
The Council met. Present the same members as on yesterday.
Dr. Molleston, a member from the House of Assembly, at- tending at the door, was admitted and returned to the Chair the amendments proposed by the Council to the resolutions of the Assembly for the completing of the Delaware Regiment, some of which the House of Assembly agreed to, and to others they pro- posed further amendments.
The same member also delivered to the Chair the following notice of that House, to wit :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, A. M., February 25th, 1778.
"Ordered, That Mr. Molleston wait on the Council and inform "them that this House proposes, in the afternoon, to adjourn for "a few days."
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The Council took into consideration the amendments proposed by the Assembly to the amendments of the Council, and there- upon
Resolved, That the following message be sent to the House of Assembly, to wit :
Gentlemen :
The Council have taken into consideration the amendments proposed by your House to the amendments offered by the Council to the resolutions, founded on the report of the commit- tee of conferees, for filling the Delaware Regiment, and are of opinion that if adopted they will not answer the end intended by your House, and also apprehend that the reasons for their amendments have not been fully understood or perhaps your House would not have disagreed to some of the amendments at least ; and as this business requires dispatch, as well from the nature of it as from the intention of the Assembly to adjourn this afternoon for a few days, the Council propose to the House of Assembly a committee of conference on the subject matter of the several amendments proposed by each House for the more speedy settling of this business, which, if approved of, the Council will." immediately name members of their body to attend the confer- ence forthwith.
Ordered, That Mr. Bassett wait on the House of Assembly with the same message.
Who, being returned, reported the delivery thereof.
Mr. Clark, a member from the House of Assembly, attending at the door, was admitted and informed the Chair that that House acceded to the proposed conference, and that Messrs Patterson, Ridgely, Clayton, Armstrong, and Lockwood are appointed by the House of Assembly for that purpose.
And, on motion, Messrs. Bassett, Vandyke, and Baning are appointed conferees on the part of the Council.
Ordered, That Mr. Hyatt inform the House of Assembly of this appointment.
Adjourned till 3 o'clock, P. M.
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THE DELAWARE STATE, 1778.
EODEM DIE, P. M.
The Council met.
Mr. Lockwood, a member from the House of Assembly, at- tending at the door, was admitted and delivered to the Chair the following resolutions of the House of Assembly, as agreed to and reported by the committee of conference :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., February 25th, 1778.
"The committee appointed to confer with a committee of "Council on the amendments proposed by each House tor the "resolutions for the completing of the Delaware Regiment, re- "ported the following resolutions to. be adopted in the place. of "the resolutions before mentioned, which were, by order, read "and agreed to by the House, to wit :
"Resolved, nemine contradicente, That in order to fill up the "said regiment speedily, which appears to be deficient in number "four hundred and twenty men, rank and file, every officer be "allowed thirty-five dollars for each able-bodied soldier he hath "enlisted since the first day of February instant, or that he may "enlist before the first day of May next, for the term of three "years, or during the war, and who shall pass muster.
"That an additional bounty of forty-five dollars be given to "every soldier so as aforesaid enlisted, or that may be enlisted.
" That the Vice-President be empowered to borrow from Con- "gress, in the name and on the behalf of the State, forty thou- "sand dollars, to carry the business aforesaid into execution, and "this House will devise ways and means for the repayment of " the said sum.
"Resolved also, That if the said sum of forty thousand dollars "cannot be obtained from Congress, that the like sum be bor- "rowed from private persons on the credit of the State, and that "the Vice-President sign certificates to the person or persons who "may lend the same, and this House will devise ways and means "for the repayment to the lender or lenders thereof."
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MINUTES OF THE COUNCIL-1778.
Which, by order, were read the first time.
By a special order the same were read a second time and con- curred in.
Ordered, That Mr. Hyatt wait on the House of Assembly and inform them that the Council had agreed to the said resolutions.
Mr. Hyatt, being returned, reported that he had done so ac- cording to order.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a report from the com- mittee appointed to adjust the accounts of expenses accrued and become due to the Militia of the Counties of New Castle and Kent for former service, examined and approved of by the House of Assembly, together with divers vouchers, for the consideration‹ and concurrence of the Council.
And, on motion, the same report was read and ordered to lie . on the table for consideration.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., February 26th, 1778.
The Council met.
The Speaker informed the House that he had received, since the rising of the Council on the last evening, a writing, sub- scribed by the Speaker of the Assembly, by way of notice, that the House of Assembly, on yesterday, had adjourned to Wednes- day, the fourth of March next, which, by order, was read and filed.
The Council resumed the report from the Committee of Militia Accounts, and proceeded to the examination thereof with the vouchers, and, after some time spent thereon, ordered to lie over for further examination.
The Council adjourned to the fourth day of March next.
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MINUTES OF COUNCIL.
MARCH, 1778.
НЕ БАЧУРИНИ
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE. 1 ADJOURNED SESSION, MARCH, 1778.
At a meeting of the Council at the Town of Dover, in the County of Kent, by adjournment, on Wednesday, the 4th day of March, Anno Domini, 1778, a sufficient number of members to compose a House not attending, the Council adjourned from day to day till Monday, March 9th, 1778.
MONDAY, A. M., March 9th, 1778.
The Council met.
The following members appeared in the Council, viz :
For New Castle County-George Read (Speaker), Peter Hyatt.
- : For Kent County-John Baning.
!: For Sussex County-Col. John Jones, William Conwell.
The return of the Sheriff and Inspectors for the County of Sussex of the election of two Councillors to fill the vacant seats
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of Daniel Dingee, Esq., whose seat became vacant on the first day of October last by rotation, and of Samuel Shelton Sloss, Esquire, who lately died, being delivered at the table, it appears that John Clowes, Esq., was elected a member of the Council for the County of Sussex, in the room of Daniel Dingee, under the act of Assembly passed at this session ; and that William Con- well, gentleman, was elected a member of the Council for the said County of Sussex, in the room of Samuel Shelton Sloss, in pur- suance of a special writ issued by the Speaker of the Council.
Mr. Conwell appeared in the Council, took the oath and sub- scribed the declaration prescribed by the twenty-second article of the Constitution of the State, and then took his seat in the Council. [See note on page 10.]
Adjourned till to-morrow morning, 10 o'clock.
TUESDAY, A. M., March 10th, 1778.
The Council met. Present the same members as on yesterday.
A message from the Vice-President to the General Assembly, respecting the reinforcing General Washington with 500 Militia, together with divers resolutions of Congress recommending the taking into consideration the Plan of Confederacy for the United States ; the raising the State's quota of five millions of dollars in the current year by tax on the inhabitants of the State ; the reg- ulating the price of labor, manufactures, internal produce, and commodities imported from foreign parts, and the future supply of clothing for the battalion belonging to the State, was delivered at the table, and, by order, read the first time.
The Speaker laid before the Council certain resolutions of Con- gress recommending more effectual provision to be made for the detecting and punishing of deserters in the several States, and a letter from General Washington, representing the necessity of an adequate remedy for this evil ; and the Council, taking into con- sideration the "Act against desertion and harbouring deserters,
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THE DELAWARE STATE, 1778.
or dealing with them in certain cases," are of opinion that the penalties therein are too low, and thereupon
Resolved, That a committee of three be appointed to prepare and bring in a bill for the further and more effectual detecting of deserters and punishing the harbourers of them.
And, on motion,
Messrs. Jones, Baning, and Conwell are appointed a commit- tee for this purpose.
Adjourned till to-morrow morning, 10 o'clock.
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WEDNESDAY, A. M., March 11th, 1778.
The Council met.
Mr. Collins appeared in the Council and took his seat. Some of the members attending the Committee, the Council adjourned, till to-morrow morning, 10 o'clock.
THURSDAY, A. M., March 12th, 1778. .
The Council met. Present the same members as on Tuesday. Mr. Vandyke appeared and took his seat in Council.
The committee appointed to prepare and bring in a bill for the further and more effectual detecting of deserters and punishing the harbourers of them, now delivered one at the table, which, by order, was read the first time.
On motion, by special order,
The same was read a second time, and, sundry amendments
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being proposed and agreed to, the same passed the Council, and ordered that the said bill be transcribed and sent to the House of Assembly for their consideration and concurrence.
Mr. Baning is appointed for this purpose, who, being returned, reported that he had delivered the same according to order.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., March 13th, 1778.
The Council met. Present the same members as on yesterday.
General Patterson, a member from the House of Assembly, attending, was admitted and delivered to the Chair the following . resolve, to wit :
"IN THE HOUSE OF ASSEMBLY, FRIDAY, A. M., March 13th, 1778.
"Resolved, That a committee be appointed to confer with a "committee of Council on the subject matter of a resolution of "Congress of the 22d of November last, recommending to the "Legislatures, or, in their recess, to the Executive authority of "the respective States, to cause subscriptions to be opened for " the loan of monies to be invested in certificates from the respec- "tive Continental Loan Offices."
Which, by order, was read and agreed to, and Messrs. Van- dyke and Jones are appointed the conferees on the part of the Council to join a like committee to be appointed by the House of · Assembly on the subject matter of the resolutions of Congress aforesaid.
Ordered, That Mr. Hyatt wait on the House of Assembly with the said resolutions with the concurrence and appointment of the Council.
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Who, being returned, reported that he had delivered the same according to order.
The Council took into consideration the resolutions of Con- gress respecting the regulating of the price of labor, manufac- tures, internal produce, and commodities imported from foreign parts, and thereupon
Resolved, That a committee of three be appointed to prepare and bring in a bill for the purposes in the said resolutions men- tioned.
And, on motion, Messrs. Vandyke, Collins, and Hyatt are ap- pointed a committee for this purpose.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., March 14th, 1778.
The Council met. Present the same members as on yesterday.
On motion of Mr. Conwell for leave of absence till Monday next, the same is granted to him.
Adjourned till Monday morning at 10 o'clock.
MONDAY, A. M., March 16th, 1778.
Council met and adjourned till Tuesday morning, 10 o'clock.
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TUESDAY, A. M., March 17th, 1778.
The Council met.
Mr. Clowes, a member of the Council for Sussex County, ap- peared in the Council, took the oath and subscribed the declara- tion 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. Peery, a member from the House of Assembly, attending at the door, was admitted and returned to the Chair the bill for, the further and more effectual detecting of deserters and punish- ing the harbourers of them, with some amendments, to which the Council agreed.
Ordered, That the said bill be engrossed, and that Mr. Bassett inform the House of Assembly that the Council have acceded to the proposed amendments.
Mr. Bassett, being returned, reported that he had so done ac- cording to order.
The Council took into consideration the resolve of Congress of September 3d last, recommending to the several States to take effectual measures for importing or otherwise procuring, during the ensuing winter, such supplies of arms, tents, or other military stores, blankets, clothing, medicines, and other necessary articles for their respective Militia, as may be wanted for the next cam- paign, and that they report to Congress the species and quantity of military stores manufactured in their respective States ; and thereupon
Resolved, That a committee of three be appointed to take the said recommendation of Congress into consideration and report thereon. ·
On motion, Messrs. Clowes, Bassett, and Jones are appointed a committee for the purpose.
Adjourned till to-morrow morning, 10 o'clock.
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THE DELAWARE STATE, 1778.
WEDNESDAY, A. M., March 18th, 1778.
The Council met. Present the same members as on yesterday.
The committee appointed to prepare and bring in a bill for regulating the price of labor, manufactures, internal produce, and commodities imported from foreign. parts, now delivered one at the table, which, by order, was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., March 19th, 1778. .
The Council met. Present the same members as on yesterday, except Mr. Hyatt.
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