USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 17
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Resolved, That Mr. Vandyke wait on the House of Assembly with the foregoing answer and inform them of the said appoint- ment.
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THE DELAWARE STATE, 1778.
Mr. Lewis, a member from the House of Assembly, attending, was admitted and returned to the Chair the foregoing answer, concurred in by the House of Assembly, and the following ap- pointment of that House, viz :
"IN THE HOUSE OF ASSEMBLY,. "SATURDAY, P. M., May 9th, 1778.
"Read and concurred in ; and Messrs. Patterson, Bryan, and "Craghead are appointed, on the part of this House, conferees "for the purposes aforesaid, with directions to proceed in the "business assigned them as soon as may be."
The same member also delivered to the Chair certain resolu- tions of the House of Assembly empowering the President to borrow five thousand pounds, on the credit of the State, and apply the same in discharge of the accounts due to the Militia heretofore called out ; also a resolution of the House of Assembly directing the Speaker to write to the signers of the last emission of paper currency, &c. ; also the resolutions of that House for the appointment of committees to adjust the Loan Office accounts ; and also the resolutions of that House for the appointment of John Dickinson, Esquire, to be one of the committee for stating an account of expenditures, &c.
On motion, by order, the several foregoing resolutions were respectively read the first time.
On motion, by order, the resolution of Congress, recommend- ing the passing of a law offering pardon to such of the inhab- itants as have levied war against any of the States, &c., was read a second time and referred to Messrs. Clowes, Vandyke, and Bassett, to prepare and bring in a bill for that purpose.
Adjourned till Monday morning, 10 o'clock.
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MONDAY, May 11th, 1778.
The Council met. Present all the members, except Messrs. Clowes, Conwell, and Jones.
The committee appointed to confer with the committee of the House of Assembly on the subject matter of the amendments to the Militia bill, now delivered their report at the table, which was read and agreed to, and thereupon the following message, found- ed on the said report, was drawn up at the table, viz :
Gentlemen :
Upon the report of the conferees on the subject of the several amendments to the Militia bill in dispute between the two Houses, the Council have agreed to the report, as follows, to wit :
That the further amendment, as proposed by the House of Assembly in their second paper of amendments, be adopted after striking out the word [white], as mentioned therein, and added to the 31st amendment, proposed by the Council in their first paper. That the 8Ist amendment of the Council in their first paper shall be a part of the bill upon striking out the words [except in extra- ordinary cases, of which the Court shall judge]. That the 82d amendment of the Council, mentioned in their first paper, shall stand and be inserted in the bill ; and that the 7th amendment of the Council, in their second paper, be receded from. So that, if your House shall approve of the report of the conferees as afore- said, the bill may be immediately engrossed and enacted into a law.
Ordered, That the same be transcribed and sent by Mr. Hyatt to the House of Assembly, together with the Militia bill and its several amendments.
Adjourned till to-morrow morning, 10 o'clock.
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THE DELAWARE STATE, 1778.
TUESDAY, A. M., May 12th, 1778.
The Council met. Present the same members as on yesterday.
Mr. Hyatt now reported the delivery of the several papers committed to his charge according to the order of yesterday:
On motion, by order, the bill to enable Charles Pope, his heirs, &c., to erect a bridge over Duck Creek, was read the first time.
By special order the same was read a second time, and, for the better information of the Council, thereupon
Resolved, That a committee of two be appointed to go to the place where the said bridge is proposed to be erected and view and report their opinion thereon.
Messrs. Collins and Hyatt are appointed, on the part. of the Council, for this purpose, and thereupon a message from the Council to the House of Assembly, proposing the appointment of a like number of the members of that House to join the said . committee of the Council, was drawn up at the table, and follows in these words, viz :
Gentlemen :
The Council, upon the best information they have been able to obtain respecting the propriety of giving privilege to Lieutenant Colonel Charles Pope to erect a bridge over Duck Creek at the distance of twenty feet above the public wharf there, as proposed in the bill now before us, have reason to apprehend that the public as well as private interest may be considerably injured by placing the said intended bridge so near the same wharf, and below other wharves, storehouses and landing places heretofore much used for lumber of all kinds, and from the nature and situa- tion of the ground along the creek below the public wharf always must be useful and necessary. The Council have also reason to believe that liberty of erecting a bridge across Duck Creek afore- said above all the wharves, storehouses and landing places not more than ten or twelve rods distance higher up the creek, might be granted to Colonel Pope without apparent injury to the public
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or private interest, and nearly as convenient for him ; but, as neither the petitioner for the bridge or any of those against it, save one, and him on this day, have attended this House to enable them to determine satisfactorily thereon, the Council are desirous of the best information, and therefore propose to your honorable House the appointment of two or more of the mem- bers of each House to proceed to the place where, and view, and report their opinion thereon. This may be done in the course of an evening or morning, with but little trouble or loss of time, and for this purpose the Council have named Messrs. Hyatt and Collins on their part.
Ordered, That the same be transcribed and sent by Mr. Bassett to the House of Assembly.
Mr. Bassett, being returned, reported the delivery thereof ac- cording to order.
A member from the House of Assembly, attending, was admit- ted and delivered to the Chair the bill to increase the number of the Justices of the Peace, &c., signed by the Speaker of the House of Assembly.
Ordered, That the same be signed by the Speaker of the Council.
Which was done accordingly.
On motion,
Resolved, That the President or Commander-in-Chief affix the Great Seal of this State to the bill entitled "An act to increase the number of the Justices of the Peace in each of the Counties of this State."
On motion, by order,
The resolution of the House of Assembly, directing the Speaker to write to the signers of the last emission of paper currency, was read a second time and concurred in, and follows in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., May Ist, 1778.
"WHEREAS it appears to this House that some of the monies "emitted by an act of General Assembly of this State, entitled
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"'An act for printing and emitting fifteen thousand pounds in " Bills of Credit of this State, to be let out on loan, and for strik- "ing 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,' "are still in the hands of several of the signers of the said cur- "rency in the County of New Castle ; therefore
"Resolved, That the Speaker be desired to write to the several "signers of the said emission of paper currency within the said "County of New Castle, requiring them to deliver such of the "said monies as remain in their hands of the said emission to the "Trustee of the Loan Office of the said county, agreeable to the "said act, and that they make report of the sums in their hands "respectively to the President of this State forthwith."
On motion, by order,
The resolution of the House of Assembly for borrowing the sum of 7,500 dollars upon the credit of the State, was read a second time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, " MONDAY, April 20th, 1778. .
"The House resumed the consideration of the late Vice-Pre- "sident's message of the 13th of March last, and thereupon
"Resolved, That the sum of seven thousand five hundred "dollars be borrowed upon the credit of this State, and that "the President sign certificates to the person or persons lending "the same.
"That this House will devise ways and means for the repay- "ment of the said sum to the lender or lenders thereof, with in- "terest at the rate of six per cent. per annum until the same be "repaid.
"That the said sum of seven thousand five hundred dollars be "put into the hands of Thomas Rodney, Esquire, for the pur- "pose of completing the purchase of clothing for the Delaware "Regiment ; and that the said Thomas Rodney be accountable "for the expenditure thereof to the General Assembly, or to the "President or Vice-President of the State for the time being in "the vacation of Assembly, in order that the State may have the "sum expended refunded by Congress." 34
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Ordered, That Mr. Bassett wait on the House of Assembly with the two last mentioned resolutions concurred in respectively by the Council, and also the bill for increasing the number of the Justices of the Peace in each county of this State, signed by the Speaker of the Council, and the resolution for affixing the Great Seal to the same.
Mr. Bassett reported that he had waited on the House of As- sembly and delivered the said papers according to order.
Mr. Molleston, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair a "Bill for raising one hundred and twenty thousand dollars for the service of the present year, by a general tax ;" and also delivered the resolu- tions of the House of Assembly for the appointment of a State Treasurer, a Clothier General, and a Commissary General of Prisoners for this State, and then withdrew.
Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, A. M., May 13th, 1778.
The Council met. Present all the members except Messrs. Clowes and Jones.
On motion, by order,
The resolutions of the House of Assembly for the appointment of a State Treasurer, a Clothier General, and a Commissary Gen- eral of Prisoners for this State, were read the first time.
On motion, by order,
The bill for raising 120,000 dollars for the service of the present year, by a general tax, was read the first time.
Adjourned till 3 o'clock, P. M.
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THE DELAWARE STATE, 1778.
EODEM DIE, P. M.
The Council met.
The committee appointed to prepare and bring in a bill offer- ing pardon to such of the inhabitants or subjects of the State as have levied war against any of the States, or adhered to, aided or abetted the enemy, and shall surrender themselves by a limited time, now delivered one at the table, which, by order, was read the first time.
The resolutions of the House of Assembly, empowering the President to borrow five thousand pounds, on the credit of the State, and apply the same in discharge of the accounts due to the Militia heretofore called out, were, by order, read a second time and concurred in, and are as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, A. M., May 9th, 1778.
" On motion,
"Resolved, That the President or Commander-in-Chief of this "State be authorized and empowered to borrow, on the credit of "the State, the sum of five thousand pounds, and that he 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, with interest at the rate of six "per cent. per annum until the same shall be repaid.
"Resolved also, That the sum so to be borrowed be applied "by the President or Commander-in-Chief, in such manner as he "shall think best, in discharge of the accounts due to the Militia "heretofore called out."
The Council then resumed the consideration of the bill for the further security of the Government, and after some time spent therein, the same was postponed until to-morrow morning.
Adjourned till to-morrow morning, 9 o'clock.
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THURSDAY, A. M., May 14th, 1778.
The Council met. Present the same members as on yesterday.
The Council now proceeded in the consideration of the bill for the further security of the Government, and thereupon a second paper of amendments to the same was proposed, agreed to, and ordered to be transcribed and sent to the House of Assembly for their consideration and concurrence, with the following message, viz :
Gentlemen :
The Council now send you the bill for the further security. of the Government, with a second paper of amendments. By the report of the committee of conferees it appears that it was agreed between them that the words in dispute in the sixth amendment, proposed by the House, should be struck out of the bill and the words [and Constitution], mentioned in the 7th amendment, re- . ' tained, and the words [the, as now established], struck out, which the Council have agreed to. You will perceive by the second paper of amendments that the Council have proposed an amend- ment to, their 27th amendment, which, they hope, will be satis- factory and remove all objections ; but they beg leave to remind you that the Ist of June, the time limited for completing the ad- ministration of the test in the first instance, will be rather too short, either for the body of the people of the State to know the contents of the law, or the ministerial officers therein to perform their duty under it.
Ordered, That Mr. Hyatt return to the House of Assembly the resolution empowering the President to borrow five thousand pounds, on the credit of the State, and apply the same in dis- charge of the accounts due to the Militia heretofore called out, with the concurrence of the Council thereto ; and also the bill for the further security of the Government, with its several amend- ments, and the foregoing message.
Mr. Hyatt, being returned, reported the delivery of the afore- said several papers, according to order.
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THE DELAWARE STATE, 1778.
On motion, by order,
The bill for raising 120,000 dollars for the service of the present year, by a general tax, was read a second time.
The same, by order, was read a third time by paragraphs, and will pass.
Ordered, That the said bill, thus agreed to, be returned by Mr. Conwell to the House of Assembly, with the following verbal message, viz :
Gentlemen :
The Council do agree to pass the bill for raising 120,000 dollars in the Delaware State for the service of the year 1778, by a gen- eral tax, into a law as soon as the blank therein for the name of the State Treasurer shall be determined upon a ballot by the two Houses, which the Council are ready to go into when it may be convenient to the House of Assembly.
Mr. Craghead, a member of the House of Assembly, attending, was admitted and delivered to the Chair " The act for establishing a Militia within this State ;" and also the " Rules and articles for the better regulating of the Militia within the same," respectively signed by the Speaker of the House of Assembly.
The resolutions of the House of Assembly respecting the ap- pointment of a State Treasurer, a Clothier General, and a Com- missary General of Prisoners, were, by order, read the second time and rejected in part.
The resolution of the House of Assembly respecting the ap- pointment of John Dickinson, Esq'r, to be one of the committee for stating an account of expenditures, &c., was, by order, read a second time, and an amendment was proposed and agreed to, and ordered to be transcribed.
The resolutions of the House of Assembly for the appointment of committees for adjusting the Loan Office Accounts, were, by order, read a second time and rejected ; whereupon a message was drawn up at the table, read and agreed to, and is in these words, viz :
Gentlemen :
The Council, on considering the resolutions of your House, of
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the 12th instant, sent for our concurrence, are of opinion that, as to the first, it is unnecessary, as such an officer as State Trea- surer will be expressly appointed by the tax bill, now before us ;. therefore, as to that officer, all that is wanting is to appoint the time of balloting for him. As to the second resolution, for the appointment of a Clothier General for the Delaware Regiment, we apprehend this was done by the appointment of Thomas Rodney, Esquire, in the resolutions, framed in your House and concurred in here, for the borrowing seven thousand five hun- dred dollars, on the credit of the State, and applying it for the purchase of clothing for that regiment, to which we beg leave to refer you. As to the third resolution, for the appointment of a Commissary of Prisoners, we agree to the same, and that such officer be elected by joint ballot.
The Council have been desirous of consulting Mr. Dickinson as to his willingness to undertake the business of a committee- man of the general accounts between this State and the United States, but have not had the opportunity since the coming of your resolution for his appointment to this House ; but as that gentleman complains much of his want of health, we are induced to think he will decline the appointment, or that his indisposition will delay the immediate going on with this business, therefore
- we have proposed another person to be inserted in his stead, to wit : Mr. Daniel Robertson, one conversant in accounts, and re- siding in the Town of Dover.
The Council have returned the resolve for the appointment of committees for settling the accounts of the General Loan Office, disagreed to in the form it now stands, as each committee is to consist of three persons only, and two of these three are to be named by the House of Assembly, and the other by the Council, by an express provision in the late act for the emitting of an ad- ditional sum of twenty-five thousand pounds in Bills of Credit in this State, which the Council apprehend was not attended to by your honorable House.
Ordered, That the several foregoing resolutions, together with the transcribed amendment and the above message relative there- to, be also sent by Mr. Conwell to the House of Assembly.
Mr. Conwell, being returned, reported the delivery of the sev- eral papers committed to his charge, according to order.
Adjourned till 3 o'clock, P. M.
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THE DELAWARE STATE, 1778.
EODEM DIE, P. M.
The Council met.
On motion, by order, the bill for granting a free pardon to such of the inhabitants or subjects of the State as have levied war against any of the States, was read a second time.
The same was read a third time by paragraphs, and some amendments were agreed to and ordered to be transcribed and sent by Mr. Baning to the House of Assembly for their concur- rence.
Adjourned till to-morrow morning, 9 o'clock.
FRIDAY, A. M., May 15th, 1778_
The Council met. Present the same members as on yesterday.
Mr. Baning now reported that he had delivered the bill for granting a free pardon, and the transcribed amendment thereto, to the House of Assembly, according to the order of yesterday.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
A bill to prevent the inhabitants of this State from dealing and furnishing the enemies thereof with supplies, and for other pur- poses therein mentioned, was laid on the table, and, by order, read the first time.
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By special order the same was a second time read and agreed to.
The bill for establishing a Militia within this State, being en- grossed, was read and compared, and ordered to be signed by the Speaker, which was accordingly done.
The rules and articles for the better regulating of the Militia whilst under arms, being engrossed, was read and compared, and ordered to be signed by the Speaker, which was accordingly done.
Ordered, That Mr. Baning deliver the bill to prevent the in- habitants of this State from dealing and furnishing the enemies thereof with supplies, &c., to the House of Assembly for their consideration and concurrence, and also return the two last men- tioned bills, respectively signed by the Speaker of the Council.
Mr. Baning reported the delivery of these several papers" ac- cording to order.
On motion,
Ordered, That the private printed copy of the Articles of Con -. federation and Union between the States of America, in the pos- session of the Speaker, be now read and taken into consideration, as there is little prospect of obtaining a certified copy of the same from Congress during the present sitting of the General Assem- bly.
And the same was accordingly read, and the further considera- tion postponed till to-morrow.
Adjourned till to-morrow morning, 10 o'clock.
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THE DELAWARE STATE, 1778.
SATURDAY, A. M., May 16th, 1778.
The Council met. Present the same members as on yesterday.
Mr. Davis, a member from the House of Assembly, attending, was admitted and delivered to the Speaker a resolution of the House of Assembly for affixing the Great Seal to the Militia bill, and the rules and articles for the better regulating of the Militia, &c., with the following verbal message, viz :
"Gentlemen :
"The House of Assembly, being desirous to complete, as "speedily as possible, the Militia bill and the bill for raising one "hundred and twenty thousand dollars, &c., propose to the "Council that both Houses meet in the House of Assembly to- "morrow morning at 10 o'clock, to put in nomination persons "to be balloted for as lieutenants and sub-lieutenants for the "respective counties, and also a State Treasurer."
On motion, by order,
The resolution of the House of Assembly for affixing the Great Seal to the Militia bill, &c., was read and concurred in, and is as follows, viz :
"On motion,
"Resolved, That the President or Commander-in-Chief affix "the Great Seal of this State to the following bills, to wit :
"I. An act for establishing a Militia within this State," and
"2. Rules and articles for the better regulating of the Militia whilst under arms or embodied."
Mr. Hyatt is ordered to return the foregoing resolutions, with the concurrence of the Council thereto, and inform the House of Assembly that the Council have agreed to their proposition to meet them in the House of Assembly forthwith to put in nom- ination persons to be balloted for as lieutenants and sub-lieuten- ants for the respective counties.
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Mr. Hyatt, being returned, reported his delivery of the paper and message committed to him according to order.
Mr. Patterson, a member of the House of Assembly, attend- ing, was admitted and informed the Speaker that the House of Assembly were ready to receive the Council and proceed in the nomination aforesaid.
The Council then proceeded to the Assembly Room, and there met the House of Assembly, when several persons were put in nomination for the offices of lieutenants and sub-lieutenants for the respective counties, and their names taken down for the con- sideration of both Houses.
On motion,
Resolved, That the General Assembly now separate, and meet again at 3 o'clock this afternoon, in the Council Room, to ballot for the said officers out of the persons now put in nomination."
Then the House of Assembly withdrew .*
Mr. Black, a member of the House of Assembly, attending, was admitted and delivered to the Chair the bill for the further security of the Government, signed by the Speaker of the House of Assembly.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Ordered, That Mr. Baning wait on the House of Assembly and inform them that the Council are now ready to receive them to ballot for lieutenants and sub-lieutenants.
Mr. Baning, being returned, reported that he had delivered the aforesaid message according to order.
* So recorded.
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The House of Assembly, agreeable to the order of the day, met the Council in the Council Room, and having prepared tickets for the election of lieutenants and sub-lieutenants for the several Counties of this State, under the Militia law, and having put the same into a ballot-box, the Speakers of the two Houses, in the presence of the members, examined the box, and it appeared as follows : That there was a majority of votes in favor of George Evans, Esq., for Lieutenant for the County of New Castle, and a unanimous vote in favor of Henry Darby and Samuel Smith, Gentlemen, for sub-Lieutenants for the said County of New Castle ; and that there was a unanimous vote in favor of Samuel West, Esquire, for Lieutenant for the County of Kent, and a majority of votes in favor of Francis Manny and Benj. Coombs, Gentlemen, for sub-Lieutenants for the said County of Kent ; and that there was a majority of votes in favor of Henry Neill, Gen- tleman, for Lieutenant for the County of Sussex, and a majority of votes in favor of Nathaniel Waples and Charles Moore, Gen- tlemen, for sub-Lieutenants for the said County of Sussex.
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