USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 15
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Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., April 17th, 1778.
The Council met. Present the same members as on yesterday.
The Council proceeded in the consideration of the resolutions respecting the administration of justice, and agreed to further amendments.
Ordered, That Messrs. Vandyke and Jones be a committee to draw up a message to the House of Assembly stating the reasons for these amendments.
Adjourned till 3 o'clock, P. M.
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The Council met.
Mr. Hyatt now reported the delivery of the papers given to him in charge to the House of Assembly according to the order of yesterday.
The committee appointed to draw up a message to the House of Assembly, stating the reasons of the Council for adhering to their amendments to the bill for the further security of the Gov- ernment, disagreed to by the House of Assembly, now brought one in, which, being read and agreed to, is as follows, viz :
Gentlemen :
The Council, taking into consideration as well those amend- ments which they had proposed to the bill for the further security of the Government, and disagreed to by your honorable House, as the amendments proposed by your House to our third amend -. ' ment, do recede from their 3d amendment and agree to insert the word [June] instead of the word [May], as in the bill.
As to their 6th amendment, they adhere to the same, for that the word [defend] may be construed by some to extend to bear- ing arms ; and although it is very just that whoever has protec- tion under a government is bound to defend the same, yet that defence is not to be required but agreeable to law founded on the principles of the Constitution. It is well known that some inhabi- tants of this State are conscientiously scrupulous to bear arms in any case, and under the 10th article of the Bill of Rights are not to be compelled to yield personal service if they will pay an equivalent for the same.
As to their 7th amendment, they adhere to the same, for as much as the greater part of the articles of the Constitution are subject to an alteration by an express provision in the 30th article thereof, and no person should be compelled to support it as now established.
As to their 27th amendment, they adhere to the same, for that
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the words following the word [juryman], in that clause of the bill, are too general and uncertain ; and as it is not the inten- tion of the House of Assembly, appearing from the 9th clause of the bill, to prevent those who do not take the test by the time limited therein when the disabilities are to take place from taking it any time after, the Council cannot forsee any advantage which can arise to the State by obliging such persons to produce vouchers.
As to the 32d amendment, the Council adhere to that part of it which proposes the leaving out of the bill the 9th enacting clause, the same being provided for in their 27th amendment, adhered to as aforesaid; and they also adhere to the latter clause, as proposed therein, which provides for persons under age at the time limited in the bill for taking the test to take the same within three months after, except as to the word [July], in the 3d line of the clause, instead of which insert the word [June], to make the same correspond with the first clause in the bill ; but the Council recede from that part of the said amendment which di- rects members of Assembly and officers to take the oath, &c., within one month after publication, &c., rendered unnecessary by adopting the word [June] in the third amendment.
As to the 33d amendment, the Council adhere thereto, with · the alteration of the word [July], in the 5th line of the clause, to the word [June], for that it is a necessary provision in con- sequence of the 27th amendment adhered to, and for that the clause which it is to supply is inaccurate and defective.
Ordered, That the same be transcribed and signed by the
: Speaker, which being done, '
Ordered, That Mr. Conwell deliver the said message and bill, with the list of amendments, to the House of Assembly.
Mr. Clayton, a member from the House of Assembly, attend- ing, was admitted and delivered to the Chair a message from the President to the House of Assembly, founded on a letter which he had received from Governor Johnson, of Maryland, request- ing that some of the Militia of this State might join and act with the several companies ordered by the State of Maryland for the purpose of covering the Continental stores purchased in these two States in their removal to the magazines, together with Gov- ernor Johnson's letter, which, by order, were read.
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The same member also delivered the following resolution of the House of Assembly, founded on the President's message and Governor Johnson's letter, viz :
"IN THE HOUSE OF ASSEMBLY, "THURSDAY, P. M., April 16th, 1778.
"Resolved, That upon consideration of the present circum- "stances of the State, this House cannot expediently concur in "the above mentioned message of his Excellency the President, "and that Mr. Clayton wait on the Council and lay before them "the said message and the letter therein referred to."
Which, by order, was read the first time.
The committee of the Council appointed to confer with a com- mittee of the House of Assembly on a resolve of Congress of the 22d of November last, respecting the opening of subscriptions for the loan of money to the United States on Continental Loan- Office Certificates, now delivered their report at the table, which, by order, was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., April 18th, 1778.
The Council met. Present the same members as on yesterday.
Mr. Conwell reported that he had delivered to the House of Assembly the message and bill, with its amendments, according to the order of yesterday.
The resolution of the House of Assembly, founded on the President's message and Governor Johnson's letter, was read a second time, and the following alteration or amendment was pro- posed and agreed to, viz :
Resolved, That it be recommended to the President to afford such aid from the Militia of this State, to act in conjunction with
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those of the State of Maryland, in covering the Continental stores purchased in this State and on the Eastern Shore of Maryland in their removal to the magazines, as he shall think may be spared from the State, having regard to the protection of the inhabitants and their property on the shore of the Delaware, and the rein- forcing of General Smallwood, agreeable to his prior requisition.
Ordered, That Mr. Conwell return the resolution aforesaid, with the amendment aforesaid, for concurrence.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Mr. Peery, a member from the House of Assembly, attending, was admitted and delivered to the Chair the bill for the further security of the Government, with the amendments of the Council thereto.
The same member also delivered to the Chair the following answer from the House of Assembly to a message from the Council, to wit :
"Gentlemen :
" The House of Assembly have taken into their considera- "tion your message of yesterday containing the reasons of your "honorable House for adhering to divers amendments by you "proposed to the bill for the further security of the Government, "and cannot accede to any of the amendments therein mention- "ed to be adhered to by the Council, and therefore propose to "your House the appointment of committees of both Houses to "confer on the subject matter of the said amendments, to meet "at 3 o'clock this afternoon, who may report thereon."
Which, by order, was read, and the Council thereupon acceded to the proposition of the House of Assembly for the appointment of a committee of conferees on the subject matter of the amend- ments proposed by the Council to the bill for the further security
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of the Government, and named Messrs. Bassett and Baning on the part of the Council.
Ordered, That Mr. Conwell wait on the House of Assembly with the concurrence and appointment aforesaid.
The committee appointed to draw up a message to the House of Assembly, stating the reasons which induced the Council to reject the 2d and 6th resolves of the House of Assembly respect- ing the administration of justice, &c., now delivered one at the table, which, by order, was read the first time.
By special order the same was read a second time and ordered to be transcribed and signed by the Speaker, and follows in these words, to wit :
Gentlemen :
The Council have considered your resolution respecting the administration of Justice, Judges, &c., and have rejected the second and sixth for the following reasons, to wit :
The second, for that the same contains general charges against the officers of the State, and the allegations therein we conceive ought to have been communicated to the Council, by way of message, requesting that a mode of removal might be adopted by the General Assembly, or a joint committee of both Houses.
The sixth, because the officers to be removed on the address of the General Assembly ought to be named, otherwise the President would be obliged to inquire what persons should be removed, which would be to make him the judge, and not the General Assembly, to whom that right properly belongs under the Constitution of this State.
We apprehend that by the 23d article of the Constitution three modes are pointed out by which officers may be displaced, to wit: By impeachment before the Legislative Council ; conviction at common law, or on the address of the General Assembly. By the last, the General Assembly have a power to call such persons before them, inquire into their conduct, and, if they appear im- proper for such offices, to supercede them by a new appointment and address to the President to commission the persons so ap- pointed.
The Council have proposed amendments to the third, fourth,
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and fifth resolves, which are transmitted to your House herewith; the others they have acceded to.
Ordered, That Mr. Conwell wait on the House of Assembly with the foregoing message and resolves of the House of Assem- bly, with the amendments proposed thereto by the Council.
Adjourned till Monday morning, 10 o'clock.
MONDAY, A. M., April 20th, 1778.
The Council met. Present the same members as on Saturday, except Messrs. Bassett, Vandyke, and Collins. .
Mr. Conwell reported that he had delivered to the House of Assembly the several papers given him in charge according to the order of Saturday.
On motion, the consideration of the bill for establishing a Militia within this State was resumed, and after some time spent thereon was postponed.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Hall, a member from the House of Assembly, attending, was admitted and returned to the Chair the amendment proposed by the Council to the resolve of the House of Assembly upon the President's message to the House of Assembly of the 16th of this instant, founded on the requisition from Governor Johnson, con- curred in by the House of Assembly.
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Ordered, That a certified copy of the said resolve, as now agreed to, be delivered to the President.
The same member informed the Chair that Messrs. Patterson, Armstrong, and Peery are appointed, on the part of the House of Assembly, to confer with the committee of Council on the subject matter of the amendments proposed by the Council to the bill for the further security of the Government.
Adjourned till to-morrow morning, 10 o'clock.
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TUESDAY, A. M., April 21st, 1778.
The Council met. Present the same members as on yesterday, and also Messrs. Vandyke and Collins.
The Council proceeded on the consideration of the bill for establishing a Militia, and after some amendments proposed and . agreed to, the remaining clauses were postponed for further con- sideration.
Mr. Clark, a member from the House of Assembly, attending, was admitted and returned to the Chair the resolutions of the Council of the 14th instant, respecting the procuring a supply of arms and ammunition, &c., with several amendments pro- posed thereto by the House of Assembly.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The committee of Council appointed to confer with the com- mittee of the House of Assembly on the subject matter of the amendments proposed by the Council to the bill for the further
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security of the Government, now delivered their report at the table, which, by order, was read the first time.
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Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, April 22d, 1778.
The Council met. Present the same members as on yesterday.
On motion, the consideration of the bill for establishing a Mi- litia was resumed, and after some time spent thereon the same was postponed.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, April 23d, 1778.
The Council met. Present the same members as on yesterday.
The Council proceeded in the consideration of the bill for es- tablishing a Militia, and after some time spent thereon the same was postponed.
Mr. Craghead, a member from the House of Assembly, attend- ing, was admitted and delivered to the Chair "Rules and articles for the better regulating of the Militia;" and also certain resolu- tions of the House of Assembly for borrowing, upon the credit of the State, 7,500 dollars.
The same member also returned to the Chair the amendments proposed by the Council to the resolutions of the House of As- sembly respecting the administration of justice, &c., two of which said amendments the House of Assembly had agreed to, and to the remaining two they had disagreed ; their reasons for disa-
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greeing to which are set forth in a message to the Council, deliv- ered at the same time, which follows in these words, viz :
"Gentlemen :
"The Assembly have considered your message of the 18th of "April, likewise the amendments proposed to their resolutions "respecting the administration of justice, &c., and are of opinion "that the reasons given by the honorable Council are insufficient "to induce us to accede to the first and second amendments "proposed ; therefore cannot recede from our second resolution, "because the allegations therein mentioned we believe to be self- "evident and well-attested facts, known to have been committed "by several of the Judges and Justices in some of the counties "within this State, and therefore were alleged generally, that "those guilty of the facts mentioned therein may be more prop- "erly pointed out in an address to the President by the General "Assembly ; neither has the honorable Council denied the facts " therein mentioned, and if wholly rejected would make the reso- "lutions testify that the appointment of two Judges of the Su- "preme Court, who resided in one county (though gentlemen "of character), was the only grievance or inconvenience that "hath been or now doth exist in the Executive Department, and "that justice in every other part hath been duly administered, "which, we believe, cannot be verified.
"The Assembly adhere to their third resolution, because no "reason appears to them or is assigned by the Council for alter- "ing the same.
"The third and fourth amendments proposed are acceded to "by the Assembly.
"Should the honorable Council remain dissatisfied as to the "propriety of our second resolution, we beg leave to propose to "your House a committee of conference on the subject matter "therein contained."
Which, by order, was read the first time.
Adjourned till to-morrow morning at 10 o'clock.
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FRIDAY, April 24th, 1778.
The Council met. Present the same members as on yesterday.
The consideration of the bill for establishing a Militia was re- sumed, and after some time spent thereon was postponed till to- morrow.
Mr. Conwell having applied for a leave of absence for a few days, the same is granted to him.
Adjourned till to-morrow morning, 10 o'clock.
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SATURDAY, April 25th, 1778.
The Council met. Present the same members as on yesterday, except Mr. Conwell.
The Council now proceeded on the further consideration of the bill for establishing a Militia, which by the order of yesterday was postponed till to-day, and sundry amendments were proposed and agreed to.
Ordered, That the same be transcribed and sent to the House of Assembly for concurrence ; and that Mr. Clowes wait on the House of Assembly with the said bill and its amendments.
Adjourned till Monday morning, 10 o'clock.
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MONDAY, April 27th, 1778.
The Council met, but a quorum of the members not attending, the Council adjourned till to-morrow morning, 10 o'clock.
TUESDAY, April 28th, 1778.
The Council met, but a quorum of the members not attending, the Council adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, A. M., April 29th, 1778.
The Council met. Present all the members, except Messrs. Hyatt and Conwell.
The amendments proposed by the House of Assembly to the resolutions of the Council of the 14th instant, respecting the pro- curing a supply of arms, &c., were, by order, read, and further amendments were proposed and agreed to.
Ordered, That the same be transcribed and sent to the House of Assembly.
Mr. Clowes is appointed to deliver the same to the House of Assembly for concurrence.
The resolutions of the House of Assembly for borrowing, upon
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the credit of the State, 7,500 dollars, were, by order, read the first time.
The rules and articles for the better regulating of the Militia, were, by order, read the first time.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Conwell now appeared and took his seat in the Council.
Upon motion and order,
The report of the committee of conference to whom the. re- solves of Congress of the 22d of November last, respecting the opening of subscriptions for the loan of money on Continental Loan-Office Certificates, were referred, was read a second time, and thereupon
Resolved, That three persons in each County of this State be appointed by the General Assembly for the purpose of promoting. and taking subscriptions, specifying the names of persons willing to lend money to the United States of America on Continental Loan-Office Certificates, and the sums they respectively under- take to furnish on such certificates, not less than 200 dollars on any one certificate.
Resolved also, That subscription papers for the purpose afore- said be put into the hands of the persons so appointed, of the tenor following, to wit :
We, the subscribers, do hereby engage to pay, on demand, into the hands of the Commissioner of the Continental Loan . Office for the Delaware State, the sum or sums of money to our respective names annexed, for and in lieu of the said office cer- tificates.
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A copy whereof, when subscribed by any number of persons, shall be transmitted by the persons respectively taking the same, at least once in four months, to the Commissioner of the Conti- nental Loan Office of the State, and a duplicate thereof by him forthwith sent to Congress, that they may be enabled, as far as is practicable, to ascertain the supplies for the war which may be raised in this State upon Loan-Office Certificates.
Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence:
Mr. Clowes is appointed to deliver the same to the House of Assembly.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., April 30th, 1778.
The Council met. Present all the members, except Mr. Hyatt.
Mr. Clowes now reported that he had delivered to the House of Assembly the several papers given to him in charge, according to the order of yesterday.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The rules and articles for the better regulating of the Militia were, by order, read a second time, and sundry amendments were proposed and agreed to.
Ordered, That the same be transcribed and sent to the House
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of Assembly for their consideration and concurrence, and that Mr. Conwell deliver the same, with their amendments, to the House of Assembly.
A petition, signed by divers inhabitants of Murtherkill and Jones' Hundreds, praying the aid of the Legislature in establish- ing guards on the shore of the Delaware, particularly at the mouths of Murtherkill and Jones' creeks, was delivered at the table, and, by order, read the first time.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., May Ist, 1778.
The Council met. Present all the members, except Mr. Hyatt.
Mr. Conwell reported that he had delivered to the House of Assembly the rules and articles for the better regulating of the Militia, with their amendments, according to the order of yester- day.
Mr. Armstrong, a member from the House of Assembly, at- tending, was admitted and returned to the Chair the resolutions of the Council respecting the procuring a supply of arms and ammunition, &c., with the several amendments to the same.
The same member also returned to the Chair the resolutions of the Council respecting the opening of subscriptions for the loan of money on Continental Loan-Office Certificates, with an amendment thereto by the House of Assembly, which, being severally read and agreed to, were ordered to be transcribed and sent to the House of Assembly in order to be signed by the Speaker of that House.
Mr. Bassett is appointed to deliver the same to the House of Assembly.
The message from the House of Assembly of the 23d of April,
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containing their reasons for disagreeing to certain amendments of the Council to their resolutions respecting the administration of justice, &c., was, by order, read a second time, and thereupon
Resolved, That a committee of two be appointed to draw up an answer to the said message, expressing the reasons of the Council for adhering to their amendments to the said resolutions.
On motion, Messrs. Vandyke and Jones are appointed“ a com- mittee for this purpose.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The report of the committee of Council appointed to confer with a committee of the House of Assembly on the subject matter of the amendments proposed by the Council to the bill for the further security of the Government, was, by order, read a second time and postponed.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., May 2d, 1778.
The Council met. Present the same members as on yesterday.
Mr. Bassett reported that he had delivered to the House of Assembly the several papers given to him in charge, according to the order of yesterday.
The committee appointed to draw up an answer to the message
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from the House of Assembly of the 23d of April, now delivered a draught of one at the table, which, by order, was read the first time.
On motion of Mr. Jones, for leave of absence till Thursday next, on account of his indisposition, the same is granted to him.
The petition from the inhabitants of Murtherkill and Jones' Hundreds, praying the aid of the Legislature in establishing guards, &c., was read a second time, and thereupon
Resolved, That a committee of three be appointed to take the said petition into their consideration and report some plan where- by guards may be fixed according to the prayer of the said peti- tioners.
On motion, Messrs. Vandyke, Collins and Clowes are appointed a committee for this purpose.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The Council, taking into consideration the resolutions of the General Assembly of the 25th of February last, for completing of the Delaware Regiment, and it appearing that the deficiency in the number therein mentioned hath not as yet been made up, and that the time limited in the said resolves for the premium to the recruiting officers and the additional bounty to each soldier enlisted expired on the first of this instant ; therefore
Resolved, That the premium and bounty allowed to the officer and soldier, as mentioned in the said resolves, be continued till the first day of July next.
Resolved also, That it be recommended to the President that he make application to General Smallwood, or such other persons
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as he may think proper, for a suitable number of officers belong- ing to the same battalion to be continued on the recruiting service.
Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence.
Mr. - is appointed to deliver the same ; who, being returned, reported that he had delivered the same according to order.
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