USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 14
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39
The committee of Council appointed to confer with a commit- tee of the House of Assembly on the subject matter of the Pre- sident's message of yesterday, now delivered their report at the table, which, by order, was read and ordered to lie over for con- sideration until the afternoon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met, and, taking into consideration the report of the conferees on the subject matter of the President's message of yesterday, thereupon
Resolved, That if any person guilty of or charged with treason, felony, or other high misdemeanor, in any State, shall flee from justice and be found within this State, he ought, upon demand of the Governor or Executive power of the State from which such person flees to the President or Executive power of this State, containing the charge, to be delivered up and removed to the State having jurisdiction of the offence.
·
1
217
THE DELAWARE STATE, 1778.
Resolved, That no inhabitant of this State ought to be taken out of the same to answer to a charge of a fact committed within this State ; that in every such case the trial ought to be by a jury of the vicinage where the same arose, and under the laws of the State.
Resolved, That a remonstrance be drawn up by the General Assembly, and transmitted by his Excellency the President, with the said Thomas White, to General Smallwood, claiming the said Thomas White as an inhabitant of this State, and that he be re- manded by General Smallwood to the Executive power of this State, together with the charge against him, in order that the same may be heard, tried, and determined on under the laws of this State.
Resolved, That if General Smallwood, in obedience to any order of Congress, should send the said Thomas White thither, that the said remonstrance be sent with him ; and that Congress be requested to remand the said Thomas White to the Executive power of this State, together with his offence, in order that the same may be heard, tried and determined on in this State, if the fact he is charged with arose therein.
Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence.
Mr. Hyatt is appointed to deliver the foregoing resolutions to the House of Assembly ; who, being returned, reported the de- livery thereof according to order.
Mr. Clowes having applied for leave of absence till Monday next, the same is granted to him.
Mr. Craghead, a member from the House of Assembly, at- tending, was admitted and returned to the Chair the bill against desertion, signed by the Speaker of the House of Assembly.
Ordered, That the said bill be signed by the Speaker of the Council.
Which was accordingly done.
On motion,
Resolved, That the President and Commander-in-Chief affix the Great Seal of this State to the bill entitled "An act against deser- 28
..
.1
٠٠
1
..
1.
1.21
.
218
MINUTES OF THE COUNCIL OF
tion and harbouring deserters, or dealing with them in certain cases."
Mr. Conwell is appointed to deliver the foregoing resolution to the House of Assembly ; who, being returned, reported the de- livery thereof according to order.
Mr. Lewis, a member from the House of Assembly, attending, was admitted and returned to the Chair the said resolution with the concurrence of the House of Assembly thereto.
Adjourned till Monday morning, 10 o'clock.
MONDAY, A. M., April 6th, 1778.
The Council met. Present the same members as on Saturday, .' . except Messrs. Collins and Vandyke.
Mr. Patterson, a member from the House of Assembly, attend- ing, was admitted and delivered to the Chair the following resolu- tion of that House, viz :
"IN ASSEMBLY, P. M., April 4th, 1778.
"The House, taking into consideration a message from his "Excellency the President of this State relative to the arrest of "Thomas White, Esquire, by a Continental officer, said to be in " pursuance of a resolve of the honorable Continental Congress,
"Resolved, That this House have full confidence in the wisdom "and justice of Congress that they will not infringe the rights and "privileges of this State, and therefore that they will not try the "said Thomas White for any crimes which our laws have cogni- " zance of."
Which, by order, was read and ordered to lie on the table.
Adjourned till 3 o'clock, P. M.
٠٠٠
219
THE DELAWARE STATE, 1778.
EODEM DIE, P. M.
The Council met and resumed the consideration of the report of the committee to whom the report of the committee for Militia accounts of Sussex County was referred, and thereupon agreed that the following alteration and amendment be made in the allowance to Lieutenant Colonel Conwell, to wit :
Deduct from £50 : 7 : 6 (the amount of his account), the sum of £7 : 10 : 0, being an overcharge for pay.
Ordered, That Mr. Clowes wait on the House of Assembly with the Militia accounts for Sussex County, and the foregoing amendment, for their consideration and concurrence.
Adjourned till to-morrow morning, 10 o'clock.
.
TUESDAY, A. M., April 7th, 1778.
The Council met. Present all the members.
Mr. Clowes now reported the delivery of the Militia accounts and the foregoing amendment, according to the order of yester- day.
The Council resumed the consideration of the bill for the fur- ther security of the Government, and after some time spent therein the same was ordered to lie over for further considera- tion.
Adjourned till to-morrow morning, Io o'clock.
11.
:1
.. .
rt
220
MINUTES OF THE COUNCIL OF
WEDNESDAY, April 8th, 1778.
The Council met, but a quorum of the members not attending, the Council adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., April 9th, 1778.
The Council met. Present all the members.
The Council again resumed the consideration of the bill for the further security of the Government, and several amendments be- . ing proposed and agreed to,
Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence.
Mr. Clowes is ordered to deliver the said bill and amendments to the House of Assembly ; who, being returned, reported that he had delivered the same according to order.
The committee to whom the bill for regulating and limiting the prices of sundry articles of produce, &c., was recommitted, now delivered a bill at the table, which, by order, was read the first time.
Adjourned till 3 o'clock, P. M.
-
:
£
.
..
! !
1:13 09
:
221
THE DELAWARE STATE, 1778.
EODEM DIE, P. M.
The Council met ..
The committee of Council appointed to confer with a commit- tee of the House of Assembly on a resolve of Congress of the 22d November last respecting the opening of subscriptions for a loan of money, to be invested in Continental Loan-Office Certifi- cates, informed the Chair that the conferees on the part of the Assembly had not yet met them, and prayed a longer time.
Mr. Clowes, one of the committee appointed to take into con- sideration a resolve of Congress of the 3d of September last res- pecting the importing or otherwise procuring a supply of arms, tents, &c., informed the Chair that the committee were not fully satisfied with the inquiries they had made into this business since their appointment, and therefore prayed a longer time.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., April 10th, 1778.
The Council met. Present the same members as on yesterday.
A member from the House of Assembly, attending, was admit- ted and delivered to the Chair the following resolutions of that House, viz :
" IN THE HOUSE OF ASSEMBLY, "THURSDAY, P. M., April 9th, 1778.
"WHEREAS the honorable the Continental Congress, on the "22d day of November last, among other things did resolve as " follows, viz :
"'And whereas the obstruction of the course of justice in any . "State may not only prove injurious to its citizens, but also to "the circulation and credit of the currency of such State, and of "the United States,
... 1
1 993
1
.1
12
.11
.
.
.
1 1: 1 : 1.
222
MINUTES OF THE COUNCIL OF
" 'Resolved therefore, That it be recommended to the several "States forthwith to take effectual care that justice be duly ad- "ministered within their respective jurisdictions, as well for the "recovery of debts as for the punishment of crimes and misde- " meanors.'
"And this House, taking the said recommendation into con- "sideration, after some time spent thereon, came to the following "resolutions :
"I. That nothing so effectually tends to the preservation and "happiness of a State, and the peace and advantage of the in- "inhabitants, as the impartial administration of justice and due "execution of the laws, which blessing can only be obtained or "enjoyed by a wise and judicious appointment of persons to fill "the several Courts of judicature in the same.
"2. That it appears to this House that the late appointment " of Judges and Justices for some of said Courts hath not pro- "duced the said salutary effects, inasmuch as the place of resi- " dence of some is by no means calculated for the most easy "and convenient administration of justice ; others of them, so "appointed, have neglected to accept of the places to which "they were appointed, and, being unfriendly to the freedom and "independence of the United States, and the Government of this "State in particular, have fled to the open enemies thereof ; and "many of them that did accept have neglected to enforce the "laws of the State, to punish treason and traitorous practices, to "preserve the peace, to punish harbourers of deserters, to pre- "vent discriminating between Continental Currency and the Bills "of Credit emitted under the authority of the King of Great "Britain, and too generally neglected to attend the Courts of "Justice, thereby causing much confusion and dissatisfaction "among the inhabitants of this Government ; and some of them " have been convicted of a breach of the penal laws of the State, "thereby rendering themselves unworthy of so important a trust.
"3. That the appointment of two of the Judges of the Supreme "Court of this State who inhabit any one county thereof is in- "convenient, and tends to discourage persons who think them- "selves aggrieved by the determinations of inferior judicatures "from seeking redress.
'4. That it is the opinion of this House that the resignation
٠
).
٢٠٠
sujets agres
٢٠٠
..
:٠٠٢٠
223
THE DELAWARE STATE, 1778.
" of William Killen and John Cook, Esquires, of their commis- "sions of Justices of the said Supreme Court (as they both reside "in the same county), is the only legal way whereby the Legis- "lature of this State may be enabled to remedy the inconveni- "ence mentioned in the last resolution, by the appointment of "one person residing in each county to be Justices of the said " Court.
"5. That the Clerk of this House forthwith send copies of the "two last resolutions to William Killen and John Cook, Esq'rs.
"6. That the General Assembly address the President of this "State, desiring him to displace such of the present Judges and "Justices of this State as he shall have good reason to believe "have been guilty of any of the misdemeanors above recited."
Which resolutions were, by order, read. 1
The Council now resumed the consideration of the bill for regulating and limiting the prices of sundry articles of produce, &c., and after some time spent therein, ordered to lie over for further consideration.
Mr. Craghead, a member from the House of Assembly, attend- ing at the door, was admitted and returned to the Chair the Militia accounts of this State and the six amendments proposed thereto by the Council, three of which that House acceded to, and the remaining three they disagreed to, and the Council thereupon receded therefrom.
The House of Assembly also proposed the following addition to be made to the general account of the Militia of Kent County, to wit :
[46. William Hudson, per account, £5 : 10 : 1.]
To which the Council agreed.
The committee appointed to take into consideration a resolve of Congress of the 3d of September last respecting the importing or otherwise procuring a supply of arms, tents, &c., now delivered their report at the table, which, by order, was read the first time.
Mr. Hall, 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 the Council, viz :
!。
27-1
:
1 ..
3.
21
:
1
1
.1
vo ..
1
224
MINUTES OF THE COUNCIL OF
" Gentlemen :
"The House of Assembly have taken into consideration the "amendments proposed by your honorable House to the bill en- "titled 'An act for the further security of the Government,' and- "are sorry to say they cannot accede to divers of the same "amendments, and therefore propose to your honorable House, "as the most expeditious way of determining this business, the "appointment of committees of both Houses to confer on the sub- "ject matter of the said amendments, who may report thereon."
Which, by order, was read the first time.
By special order the same was read the second time, and, on motion,
Resolved, That an answer to the said message be drawn up.
Which was accordingly. done at the table, and is as follows, to wit :
Gentlemen :
The Council have considered your message of this day relative to the amendments proposed by the Council to the bill entitled "An act for the further security of the Government," and cannot concur in your proposition of committees of conference at this stage of the business, as we apprehend the more regular and ex- peditious mode would be for your honorable House to have sent the bill back to the Council with your accession to such of said amendments às your House concur in, and the reasons which in- duced you to reject the others. Those, perhaps, might induce the Council to recede from the amendments which you reject. If not, then a conference might be regularly brought about.
Which, by order, was read and approved of.
Ordered, That the same be signed by the Speaker of the Council.
Which was done accordingly.
Ordered, That Mr. Clowes wait on the House of Assembly with the said answer.
Adjourned till to-morrow morning, 10 o'clock.
٢٠
: . :
225
THE DELAWARE STATE, 1778.
SATURDAY, April 11th, 1778.
The Council met. Present the same members as on yesterday.
Mr. Clowes reported that he had delivered to the House of Assembly the answer from the Council to the message of the Assembly agreeable to the order of yesterday.
The resolutions of the House of Assembly respecting the ad- ministration of Justice, Judges, and Justices were, by order, read the second time, and thereupon
Resolved, That a committee of three be appointed to take the said resolutions into consideration and report thereon.
On motion, Messrs. Vandyke, Jones, and Collins are appointed a committee for this purpose.
The report of the committee appointed to take into considera- tion the resolve of Congress of the 3d of September last, respect- ing the importing or otherwise procuring a supply of arms, tents, &c., was now, by order, read the second time, and, after some consideration had thereon, that part of the report which related to the fitting out vessels for the importing of arms, &c., was dis- approved of, and the other parts were referred to the same com- mittee, to draw up a set of resolutions, founded thereon, to be adopted by the Council, and make report in the afternoon.
On motion of Mr. Hyatt for leave of absence till Tuesday next, the same is granted to him.
On motion of Mr. Conwell for leave of absence till Monday next, the same is granted to him.
Ordered, That the Militia accounts of this State, together with the papers and vouchers, be returned to the House of Assembly in order to be signed by the Speaker of that House, and that it be recommended to that House to provide for the payment and discharge of said accounts.
Mr. Jones is appointed to deliver the same to the House of Assembly ; who, being returned, reported that he had delivered . the same according to order.
Adjourned till Monday morning at 10 o'clock.
29
1
111
$5.01.33
3.
1i
is
1
:
1
226
MINUTES OF THE COUNCIL OF
MONDAY, April 13th, 1778.
The Council met, but a sufficient number of members to form a House not attending, the Council adjourned till to-morrow morning, 10 o'clock.
TUESDAY, April 14th, 1778.
The Council met. Present all the members except Messrs. Hyatt, Conwell, and Clowes.
A member from the House of Assembly, attending, was admit- ted and delivered to the Chair "An act for establishing a Militia within this State," which, by order, was read the first time.
The same member also delivered to the Chair the bill for the further security of the Government, and the amendments pro- posed thereto by the Council, some of which the House of Assembly had acceded to, and disagreed to the others; with an answer from the House of Assembly to a message from the Council, assigning their reasons for disagreeing to the same, which follows in these words, viz :
" Gentlemen :
"When we proposed to your honorable House the appoint- "ment of a committee of conference on the subject matter of the "amendments proposed by you to the bill for the further security "of the Government, we had in view the dispatch of business "only ; but as you were not pleased to agree with our proposed "conference, we now send you the said bill, with our reasons for "not acceding to such of your amendments as have been rejected "by this House.
" Your proposed amendment for leaving out the word [May], "in the 13th line of the first page, and inserting instead thereof the "word [July], we cannot agree to, because we think it is now time
IF
..
1 .
1.
227
THE DELAWARE STATE, 1778.
"for every inhabitant of this State to determine within himself "whether he will be for or against it. But as the first of May is "too short a time to carry the law into execution, we now pro- "pose an amendment to the amendment proposed by your hon- "orable House, by leaving out the word [July] and inserting "instead thereof the word [ June].
"Your 6th proposed amendment, for leaving out the word "[defend], this House cannot accede to, because we think every "person who receives protection from the laws of this State "ought to render his service in defence thereof.
" Your 7th amendment, for leaving out the words [and the "Constitution thereof as now established], we cannot agree to, "because the Constitution of this State hath pointed out a way "by which the same may be altered. -
"Your 27th amendment, for leaving out the whole of the 6th "enacting clause after the word [juryman] and inserting instead "thereof [and under the aforesaid disabilities shall remain, &c., ] "this House have not acceded to, because they are of opinion a. "line of discrimination ought to be drawn between those who "now acknowledge their allegiance to this State and the Govern- "ment thereof and those who refuse or neglect to do the same ; "and every inhabitant of this State who shall neglect or refuse to "acknowledge his allegiance thereto, in the time limited by the "laws thereof, will not be entitled to the immunities and protec- "tions of the same so long as he shall neglect giving testimony "of his attachment and fidelity to the Constitution of this State, "and ought not to be permitted to enjoy the privileges derived "from its laws, until he give satisfaction that he hath not injured " the freedom thereof.
"Your 32d amendment, proposing the leaving out of the "whole of the roth enacting clause and instead thereof inserting "[And be it enacted by the authority aforesaid, That the Justices "of the several Counties, &c., ] this House cannot agree to, for "the same reason by them given for not acceding to the 27th "amendment.
"The other amendments proposed by your honorable House "are acceded to by the House of Assembly."
Which, by order, was read the first time.
1
1
٠٠
٠٠١
:
٢٢:٧
-
1;
زا
): : 15.
228
. MINUTES OF THE COUNCIL OF
The committee appointed to draw up a set of resolutions, founded on the report of the committee appointed to take into consideration a resolve of Congress of the 3d of September last, respecting the importing or otherwise procuring a supply of arms, &c., now delivered a set of resolutions at the table, which, by order, were read and approved of, and are as follows, viz :
Resolved, That the President be empowered to procure, on loan or purchase, for and in behalf of this State, any number of arms and quantity of ammunition that he may think necessary for the defence of the State the ensuing campaign.
Resolved also, That the President be requested to apply to the commanding officer of the Delaware Battalion for leave to detain under his enlistment a certain John Watkins, by trade an armourer (a soldier in said battalion), for the purpose of repair} ing the arms in the hands of the Militia, and also those belonging to the State.
Resolved also, That the President be requested to appoint one or more persons whose business shall be to enter into a contract with the said John Watkins for his labor and the use of his tools, . at any sum not exceeding {15 per month and a soldier's Conti -- nental ration per day, and to provide a shop in or near the Town of Dover for the said Watkins to work in, and to superintend him in the said business.
Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, A. M., April 15th, 1778.
The Council met. Present all the members.
The answer from the Assembly to the message from the Council, setting forth their reasons for disagreeing to some of the amendments to the bill for the further security of the Gov- ernment, was now read a second time, and the Council proceed- ed to the consideration of the amendments disagreed to by the House of Assembly severally, and, upon the question,
:
٠٠
1318
٤٠٠
١٠٠
.. 1
229
THE DELAWARE STATE, 1778.
The Council receded from the 3d amendment and agreed to the month of June being inserted instead of the month of July.
As to the 6th, 7th and 27th amendments, the Council adhered to the same.
As to the 32d amendment, the Council adhered to the first and last part thereof, but receded from the clause requiring the mem- bers of Assembly and officers, &c., to take the oath, &c., within one month, &c.
As to the 33d amendment, the Council adhered to the same, with the alteration of the month of July for June, to make the same correspond with the first clause in the bill.
· And thereupon Messrs. Collins and Vandyke were appointed a committee to draw up a message to the Assembly containing reasons for adhering to the amendments as aforesaid.
The committee to whom the resolutions of the House of As- sembly of the 9th instant, respecting the administration of justice, &c., were referred, now delivered their report at the table, which, by order, was read the first time.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met,
On motion, the bill for establishing a Militia within this State was, by order, read the second time and ordered to lie over for further consideration.
On motion, the bill for regulating and limiting the prices of sundry articles of produce, &c., was now read by paragraphs, and, after some consideration had thereon, was ordered to lie over till to-morrow morning.
Adjourned till to-morrow morning, 10 o'clock.
1
f
..
1 10 P
230
MINUTES OF THE COUNCIL OF
THURSDAY, A. M., April 16th, 1778.
The Council met. Present the same members as on yesterday.
On motion made that the Council now proceed on the regulat- ing bill, partially gone through on the last evening, and the ques- tion being put, the House are equally divided, and the Speaker decided in favor of the question, and, on motion of Mr. Clowes, that the yeas and nays be entered on the question, they are as follows, viz :
For the affirmative-Thomas Collins, John Baning, Richard Bassett, Nicholas Vandyke.
For the negative-John Clowes, William Conwell, Peter Hyatt, John Jones.
And the Council accordingly proceeded on the said bill, and after divers amendments proposed and agreed to, the same passed the Council, and was ordered to be transcribed and sent to the House of Assembly for their concurrence.
Ordered, That Mr. Hyatt deliver the said bill and amend- ments, and also the resolutions of the Council of the 14th instant respecting the procuring a supply of arms and ammunition and engaging an armourer for the use of the State, to the House of Assembly.
Mr. Armstrong, a member from the House of Assembly, at- tending at the door, was admitted and delivered to the Chair a bill entitled "An act to enable Charles Pope, of the County of Kent, his heirs, executors or administrators, to erect a bridge over Duck Creek ;" and also two several petitions, the one by the said Charles Pope, praying for leave of the General Assembly to erect a bridge over Duck Creek, the other, signed by sundry inhabitants of Duck Creek, praying that the same may not be granted, to the destruction or damage of a public wharf and landing place there.
Adjourned till 3 o'clock, P. M.
.
イ
2.5:
١٠٠٠
٠٠٠ ١ ١١٫٠٠
16 !!
·」
:1:
: 2
...
231
THE DELAWARE STATE, 1778.
EODEM DIE, P. M.
The Council met, and resumed the consideration of the reso- lutions of the House of Assembly respecting the administration of justice, &c., and the report thereon, and, after some amend- ments made, the same was postponed till to-morrow morning.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.