USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 13
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· A message from the Vice-President to the General Assembly, with the copy of a written paper, subscribed by the Representa- tives from the County of Sussex, addressed to the Vice-President, was delivered at the table, and, by order, read.
On motion
Resolved, That that part of the said message which relates to the application made to him for his orders to Brigadier Dagwor- thy, for the disarming of the disaffected in Sussex County and the taking up some of the principals, together with the copy of the written paper, be referred to a committee of three.
The persons appointed are Messrs. Vandyke, Collins, and Bassett.
The bill against desertion, being engrossed, was read and com- pared and passed the Council.
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Ordered, That Mr. Baning deliver the same to the House of Assembly for comparison and to be signed by the Speaker of that House.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., March 20th, 1778.
The Council met. Present the same members as on yesterday.
Mr. Baning now reported that he had delivered the bill against desertion to the House of Assembly according to the order of yesterday.
The committee to whom part of the message from the Vice- President of yesterday was referred now delivered their report at the table, which, by order, was read the first time.
By special order the same was read a second time, and, on consideration and debate, the same was rejected, and the follow- ing resolutions were agreed to, that is to say :
Resolved, That the Council is fully convinced that some of the disaffected inhabitants of the County of Sussex have taken up arms, much to the terror of the good people of said county and the encouragement of the British forces to land and make excur- sions there ; therefore
Resolved, That it is the opinion of this Council that, for the restoring peace and harmony in said county, the President of this State issue his orders immediately to General Dagworthy to disarm and take the ammunition from all the disaffected inhabit- ants of the said County of Sussex.
WHEREAS it has been represented that the recruiting officers have committed great abuses in the said County of Sussex,
Resolved, That the Justices of the Peace be directed to inquire into the foundation of the said complaints, and prevent such con- duct in future.
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Ordered, That Mr. Clowes wait on the House of Assembly with the foregoing resolutions for their consideration and concur- rence.
Mr. Clowes, being returned, reported that he had delivered the same according to order.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., March 21st, 1778. The Council met. Present the same members as on yesterday. The Council adjourned to the 25th of this instant, March.
At a meeting of the Council at the Town of Dover, in the County of Kent, by adjournment, on Wednesday, the 25th day of March, Anno Domini 1778, a quorum of the House of As- sembly not attending, the Council adjourned from day to day till Friday, March 27th, 1778.
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FRIDAY, A. M., March 27th, 1778.
The Council met.
The following members appeared in the Council, viz :
For New Castle County-George Read (Speaker), Nicholas Vandyke, Peter Hyatt.
For Kent County-Richard Bassett, Thomas Collins, John Baning.
For Sussex County-John Jones, John Clowes.
General Patterson, a member from the House of Assembly, at- tending at the door, was admitted and delivered to the Chair a bill entitled "An act for the further security of the Government," for the consideration and concurrence of the Council, which, by order, was read the first time.
The Council resumed the consideration of the report of the committee for adjusting the accounts of the Militia of New Castle and Kent Counties for past service, and several amendments were proposed and agreed to.
On motion,
Ordered, That a committee be appointed to draw up those amendments and draught a message to the House of Assembly, assigning the reasons for making the same.
And thereupon Messrs. Bassett and Clowes are appointed for this purpose.
Adjourned till to-morrow morning, 10 o'clock.
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SATURDAY, A. M .; March 28th, 1778.
The Council met. Present the same members as on yesterday.
The committee appointed to draw up the amendments as pro- posed in the Council to the report of the committee for adjusting the accounts of the Militia for New Castle and Kent Counties for past services, and also to draught a message to the House of As- sembly assigning the reasons for making the same, now delivered their report, which, by order, was read the first time.
By special order the same was read the second time, and sev- eral amendments were proposed and agreed to. The said message and amendments are as follows, to wit :
I. In the general account for New Castle County, No. 1 and line 4 from the top, dele the words [bounty in Jerseys, ] and insert instead thereof [pay and retained rations in September, 1777.]
2. After the charge, in same account, by Capt. William Rob- inson, No. 3, insert [of which, it appears by his account, that he . received of George Latimer, the Paymaster, { 72 : 10 : 0.]
3. After the charge, in same account, by William Woodland, No. 14, insert [of which, it appears by his account, that he re- ceived of George Latimer, the Paymaster, { 10 : 0 : 0.]
1. After the charge, in same account, by Leonard Vandegrift, No. 20, insert [of which, it appears by his account, that he re- ceived of Captain Peter Hyatt { 3 : 0 :0.]
5. In the same account, under the head Col's Cantwell's Bat- talion, No. 4, Captain William Moody's Pay-roll, £ 158 : 10 : 10, deduct 35s., a charge of three weeks' service of John Moaris.
6. In the general account for Kent County, No. I and line 2d from the top, dele the words and figures [Charles Eustace, for medicines for said troop, {20.]
The said message follows in these words, viz :
Gentlemen :
The reasons inducing the Council to propose to your honora-
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ble House the amendments to the report of the committee for adjusting the accounts of the Militia of New Castle and Kent Counties for past services, herewith sent, are as follow, to wit :
As to the first amendment, for that the charge, as stated in the general account, is not warranted by the voucher, it being for pay and retained rations, instead of a bounty in Jerseys.
As to the second amendment, the Council conceive it necessary to show upon the face of the general account the sum that the party charging hath already received ; otherwise he may receive a certificate from the President for the whole sum there carried out, which will entitle him to the payment thereof, therefore he will be in part paid twice for the same service.
As to the third and fourth amendments, the same reasons as in the second.
As to the fifth amendment, it appears by the information of one of the field officers of that battalion, Major Vandyke, that the charge of 35s. made for John Mearis, in Captain Moody's account, for three weeks' service, is wrong, and ought not to be allowed, he never having performed any such service.
As to the sixth amendment, it appears that the same charge is made and allowed in Captain Carty's account, therefore ought not to be separately made by Doctor Charles Eustace.
Ordered, That the same be transcribed, and that the message be signed by the Speaker.
Ordered, That Mr. Hyatt deliver the same, with the amend- ments and Militia accounts, to the House of Assembly.
Mr. Hyatt, being returned, reported that he had delivered the same according to order.
Adjourned till Monday morning, 10 o'clock.
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MONDAY, A. M., March 30th, 1778.
The Council met. Present the same members as on Saturday.
General Patterson, a member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the report of the Committee for Militia Accounts in Sussex Coun- ty, agreed to by the House of Assembly and sent for concurrence.
On motion,
Ordered, That the said report and accounts be referred to a committee of three to report thereon.
Messrs. Baning, Hyatt, and Bassett are appointed a committee for this purpose.
Doctor Ridgely, a member from the House of Assembly, at- tending, was admitted and delivered to the Chair the following order of that House to wit :
"IN THE HOUSE OF ASSEMBLY, " MONDAY, March 30, 1778.
"Ordered, That Mr. Ridgely inform the Council that the fol- "lowing persons have been appointed conferees, on the part of "this House, for the purposes declared in a resolution of both "Houses of the 13th instant, viz : Ridgely, Craghead, and Kol- "lock."
Which was read and approved of.
The same member also delivered to the Chair the following resolution of that House, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, March 30th, 1778.
"WHEREAS his Excellency John McKinly, Esq., our worthy "President, taken by the enemy in September last, still remains "a prisoner, with little prospect of exchange shortly, and the "Speaker of the Council, who acts as Vice-President, requesting "to be relieved from the duties of that office, as alone sufficient
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"to employ the whole time and attention of any individual of the "State ; therefore
"Resolved, That the place of President of the State be im- "mediately supplied by the nomination and appointment of the " General Assembly.
"Ordered, That Mr. Ridgely wait on the Council with the "foregoing resolution for their concurrence, and inform them "that, if assented to, the House of Assembly will meet the "Council to put in nomination such persons who may be voted "for as President at a subsequent meeting of both Houses, "agreeable to the mode heretofore adopted and used."
Which, by order, was read the first time.
By special order the same was read the second time and con- curred in.
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Ordered, That Mr. Clowes wait on the House of Assembly with the foregoing resolution, concurred in by the Council, and inform them that the Council will meet the House of Assembly, in the Assembly Room, to-morrow morning, at 10 o'clock, to put in nomination persons who may be voted for as President.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., March 31st, 1778.
The Council met. Present the same members as on yesterday. Mr. Conwell appeared and took his seat in the Council.
Mr. Clowes, who was appointed to wait on the House of As- sembly with their resolution to put in nomination persons for the place of President of this State, as concurred in by the Council, now reported the delivery thereof according to the order of yes- terday.
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Mr. Peery, a member from the House of Assembly, attending, was admitted and delivered to the Chair the following notice of that House, to wit :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, A. M., March 31st, 1778.
"Ordered, That Mr. Peery wait on the Council and inform "them that this House is now ready to receive them and proceed "to the nomination aforesaid."
The Council proceeded to the Assembly Room, and there met the House of Assembly, when several persons were put in nom- ination for the office of President and their names taken down for the consideration of the members of both Houses.
Resolved, That the General Assembly meet in the Assembly Room, to ballot for a President of the State, at 3 o'clock this afternoon.
The Council adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met the House of Assembly in the Assembly Room and there, in General Assembly, proceeded to the election of a President for the State, and the members of both Houses, to wit : eight of the Council and sixteen of the House of Assembly, then present, having prepared tickets, with the name of the Pre- sident to be appointed, and put the same into a ballot-box, the Speakers of the two Houses, in the presence of the other mem- bers, examined the ballot-box, and it appeared that twenty votes, out of twenty-four, were in favor of the Honorable Cæsar Rod- ney, Esquire.
Whereupon the said Cæsar Rodney, Esquire, is declared duly elected President of this State for the term of three years next
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ensuing and until the sitting of the next General Assembly there- after, and no longer, agreeable to the present Constitution or system of government.
On motion,
Resolved, That the Speaker of the Council nominate five mem- bers of the General Assembly to wait on the Honorable Cæsar Rodney, Esquire, and inform him of his election and appoint- ment to the office of President of this State, and know whether he will accept the said office, and make report thereof to the General Assembly.
And thereupon Messrs. Vandyke, Clowes, Ridgely, Patterson, and Bryan are appointed for this purpose.
Then the General Assembly adjourned till to-morrow morning at 10 o'clock, to receive the report of the said committee.
The Council adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, A. M., April Ist, 1778.
The Council met. Present the same members as on yesterday.
Then the Council met the House of Assembly in the Assembly Room in order to receive the report of the committee appointed yesterday.
The committee delivered at the table General Rodney's an- swer, in writing, which was read, and follows in these words, viz :
"Gentlemen of the General Assembly :
"I received, yesterday afternoon, your message declaring "me duly elected President of the Delaware State, and am fully "sensible of the honor done me by the appointment ; but, as I "am too conscious of my own inability to suppose your expec- "tation will be answered by my acceptance, I hope I shall be "excused. I think, nevertheless, that at a time like this it is the
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"duty of every member of society to take such part in the civil "line as shall be assigned him by government, if tolerably quali- "fied ; therefore, if the General Assembly cannot fix upon some "other person more equal to that important duty, I shall, tho' "with the greatest diffidence, accept-in full confidence, however, "that your honors will afford me every necessary aid in the due "execution of the laws and otherwise supporting the civil gov- "ernment as now established under the authority of the people ; "and as the provision made for the President is by no means an "ample one, that the General Assembly would not wish to add "to the sacrifice I have already made by much more than ought "to fall to the share of any one member of the community.
"CÆSAR RODNEY: "Dover, April Ist, 1778."
Ordered, That a certificate of the appointment of General Rod- ney to the office of President of this State, signed by the Speakers of the two Houses, and sealed with the Great Seal of the State, be made out and delivered to General Rodney.
Ordered also, That the same committee wait on Mr. President Rodney with the said certificate, and inform him that the General Assembly will take into their consideration that part of his answer . respecting a further provision to be made for the President of the. State than that which is already made by the laws of the State.
The committee report that they had delivered the aforesaid certificate to Mr. President Rodney, which he accepted, accord- ing to order.
Then the General Assembly adjourned till 3 o'clock in the afternoon, and the Council withdrew.
The Council adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met, and, on motion, the bill for the further secu- rity of the Government was read a second time and ordered to lie over till to-morrow morning.
On motion, the bill for regulating and limiting the prices of sundry articles of produce, &c., was read a 2d time and ordered to be recommitted to the same committee.
The Council adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., April 2d, 1778.
The Council met. Present the same members as on yesterday. On motion,
Resolved, That the Speaker of the Council be authorized to administer as well the oath of allegiance and declaration of faith as the oath of office to the Honorable Cæsar Rodney, Esquire, now appointed President of this State, as directed by the 22d section of the system of government, and that the same be cer- tified into the Secretary's office.
Resolved also, That the oath of office be in the form following, to wit :
I, Cæsar Rodney, do swear that I will well and truly, accord- ing to the best of my abilities and judgment, execute the office of President of the Delaware State, agreeable to the Laws and Constitution thereof, so help me God.
Which, by order, was read.
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Ordered, That Mr. Baning wait on the House of Assembly with the foregoing resolutions for their consideration and concurrence.
Mr. Baning, being returned, reported that he had delivered the same according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met, and resumed the consideration of the bill for the further security of the Government, which, by order of yes- terday, was postponed till to-day, and, after some time spent therein, ordered to lie over for further consideration.
Mr. Black, a member from the House of Assembly, attending at the door, was admitted and returned to the Chair the aforesaid resolutions of the Council, with the concurrence of the House of Assembly thereto.
The Speaker of the Council then waited on the President, and, being returned, reported to the General Assembly that he had administered as well the oath of allegiance and declaration of faith as the oath of office to his Excellency Cæsar Rodney, Esq., President of the Delaware State, in pursuance of certain resolu- tions of the General Assembly of this day.
Adjourned till to-morrow morning, 10 o'clock.
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FRIDAY, A. M., April 3d, 1778.
The Council met. Present the same members as on yesterday.
Mr. Patterson, a member from the House of Assembly, attend- ing at the door, was admitted and delivered to the Chair the fol- lowing resolutions of that House, to wit :
"IN ASSEMBLY, THURSDAY, April 2d, 1778.
"WHEREAS the late Judge of the Admiralty is appointed " President of this State, whereby the former office is become "vacant ; therefore
"Resolved, That the place of Judge of the Admiralty be im- "mediately supplied by the nomination and appointment of the " General Assembly.
"Ordered, That Mr. Patterson wait on the Council with the "foregoing resolution for their concurrence, and inform them "that, if assented to, the Assembly will meet the Council to- "morrow morning at 10 o'clock, to put in nomination such "persons who may be voted for as Judge of the Admiralty at "a subsequent meeting of both Houses, agreeable to the mode "heretofore adopted and used."
Which, by order, was read and concurred in.
Ordered, That Mr. Clowes wait on the House of Assembly with the foregoing resolution, and inform them that the Council are ready to receive them in the Council Room and proceed in the nomination aforesaid.
Mr .. Clowes, being returned, reported the delivery of the same according to order.
The Doorkeeper informed the Chair that the House of Assem- bly attended at the door and desired to be admitted, and they were admitted.
The Council and Assembly being met in the Council Room to put in nomination persons to be voted for as Judge of the
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Admiralty of this State, agreeable to the order of the day, on motion,
Resolved, That a committee of five be appointed to wait on his Excellency, the President, and inform him that the General Assembly are now sitting for the purpose of putting in nomina- tion persons to be voted for as Judge of the Admiralty, and know whether his Excellency would choose to attend that nomi- nation.
Messrs. Jones, Hyatt, Craghead, Peery, and Hall are appointed for this purpose ; who, being returned, reported that his Excel- lency said he would wait on the General Assembly immediately.
The President attended in the General Assembly.
Then the members proceeded to put in nomination divers, per- sons, whose names were taken down for the consideration of the members of both Houses.
On motion, agreed that the General Assembly now separate and meet at 3 o'clock this afternoon for the purpose of balloting for a Judge of the Admiralty out of the persons put in nomina- tion in the morning.
Mr. Baning, a member of the Council, delivered to the Chair a message from the President to the Legislative Council, which follows in these words, viz :
"Gentlemen of the Legislative Council :
"Complaint is just now made to me, as Commander-in-Chief "of this State, by Thomas White, Esquire, who says a Conti- "nental officer, in virtue of an order or resolution of Congress, " has taken him into custody, and, as he believes, with a design "to carry him out of the State. He says, further, that he is "ready and willing to answer to any charge alleged against "him, but thinks he ought to be charged within the State, &c.
"As the General Assembly is now sitting, I have thought "proper to lay this complaint before the honorable the Council "for their direction. I have also made the House of Assembly "acquainted with it.
"CÆSAR RODNEY.
"April 3d, 1778."
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Which, by order, was read.
The Council, taking the said message into consideration,
Resolved, That the same be referred to a committee of both Houses, who may report severally thereon ; and that the House of Assembly be requested to appoint a committee of their House to confer with a committee of Council on the subject matter of the said message this afternoon.
Resolved, That the President be informed of the foregoing resolution, and that it is the opinion of the Council that he issue his orders to the officer or officers in whose custody Mr. White is, that he or they do not remove him from the Town of Dover until the President shall give further order therein.
Ordered, That Mr. Baning wait on the House of Assembly, and also on the President, with a copy of the foregoing resolutions.
Mr. Baning, being returned, reported that he had delivered the same according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Ordered, That Mr. Hyatt wait on the House of Assembly and inform them that the Council are sitting and are ready to receive the Assembly, when they shall think fit, in order to proceed in the ballot for a Judge of the Admiralty.
Mr. Hyatt, being returned, reported that he had so done ac- cording to order.
Mr. Hall, a member from the House of Assembly, attending at the door, was admitted and returned to the Chair the resolu-
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tion of this day respecting the appointment of a committee of both Houses on the subject matter of the President's message, concurred in by the Assembly, who appoint, on the part of that House, Messrs. Craghead, Patterson, and Molleston.
And therefore Messrs. Jones and Vandyke are appointed con- ferees on the part of the Council, to meet this afternoon.
Mr. Conwell is ordered to inform the House of Assembly of the foregoing appointment ; who, being returned, reported that he had so done according to order.
The Doorkeeper informed the Chair that the House of Assem- bly attended at the door and desired to be admitted, and they were admitted.
The Council and Assembly being met in the Council Room, On motion,
Resolved, That a committee of five be appointed to wait on his Excellency the President and inform him that the two Houses of Assembly are now sitting for the purpose of balloting for a Judge of the Admiralty and request his attendance.
Messrs. Clowes, Conwell, Lewis, Kollock, and Molleston are appointed for this purpose ; who, being returned, reported that the President said that he would attend immediately.
The President attended in the General Assembly, and the bal- lot being taken down, it appeared that Thomas Rodney, Esquire, was unanimously elected Judge of the Admiralty of this State.
Ordered, That a certificate of the election and appointment of Thomas Rodney, Esquire, to the office of Judge of the Admir- alty, be made out and delivered to his Excellency the President, that Mr. Rodney may be commissioned accordingly.
Agreed that the two Houses now separate.
The committee to whom were referred the Militia accounts of Sussex County and the report of the committee for said accounts, now delivered their report at the table, which, by order, was read the first time.
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By special order the same was read a second time and ordered to lie over for further consideration.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., April 4th, 1778.
The Council met. Present the same members as on yesterday.
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