USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 18
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Then the House of Assembly withdrew.
On motion,
Resolved, That the said George Evans be recommended to his Excellency, the President, to be commissioned lieutenant, and the said Henry Darby and Samuel Smith to be commis- sioned sub-lieutenants, under the Militia law, for the County of New Castle ; and that the said Samuel West be recommended to the President to be commissioned lieutenant, and the said Francis Manny and Benjamin Coombs to be commissioned sub- lieutenants under the said law for the County of Kent ; and that the said Henry Neill be recommended to the President to be commissioned lieutenant, and the said Nathaniel Waples and Charles Moore to be commissioned sub-lieutenants under the said law for the County of Sussex.
Ordered, That Mr. Bassett deliver the foregoing resolution to the House of Assembly for their consideration and concurrence.
Mr. Bassett, being returned, reported the delivery of the same according to order.
Mr. Davis, a member of the House of Assembly, attending, was admitted and delivered to the Chair the bill for raising one
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hundred and twenty thousand dollars in the Delaware State for the year 1778, by a general tax, engrossed and signed by the Speaker of the House of Assembly.
Adjourned till Monday morning at 10 o'clock.
MONDAY, A. M., May 18th, 1778.
The Council met. Present all the members except Messrs. Jones, Clowes, and Vandyke.
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Mr. Adams, a member of the House of Assembly, attend- ing, was admitted and returned to the Chair the bill to prevent the inhabitants of this State from dealing and furnishing the ene- mies thereof with supplies, &c., with three amendments proposed thereto by the House of Assembly, which were read and sever- ally disagreed to ; and thereupon a message from the Council to the House of Assembly, showing the reasons. of their disagree- ment to the said amendments, was drawn up at the table, read and approved of, and is as follows, viz :
Gentlemen :
The Council having taken into consideration the three several amendments proposed by your honorable House to the bill to prevent dealing and furnishing the enemy with supplies, &c., have unanimously disagreed to them for the following reasons, to wit :
As to the first, for that no Prince or State, other than the French King, hath, as yet, to our knowledge, publicly avowed the independence of the United States, or entered into any treaty of commerce or alliance with them, and consequently ought not to be admitted to the same freedom of trade with our enemies in our ports as is especially stipulated in favor of the subjects of the French King by the 25th and 26th articles of the treaty of com- merce lately entered into between the said King and the United States ; and we apprehend that by the said first amendment all
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neutral powers, so far as respects this State, will be considered as privileged to carry supplies, even to the port of Philadelphia while in the possession of the enemy, which we conceive ought not to be.
As to the second amendment, for that, by the resolve of Con- gress of the 23d of March, 1776, declaring what captures shall be adjudged prizes, express provision is made for the payment of seamen's wages, and the reason which, we presume, and have reason to believe, induced Congress to do so, operates with us to reject your said amendment, to wit: That seamen are a set of people extremely necessary and wanting in the service of the United States ; that they are seldom much attached to any ser- vice, and that we ought not to consider those sailing in merchant vessels as enemies or parties in this dispute, but by paying their wages, though their ships are captured, we shall bias them to our cause and service, and make them more indifferent as to the fate of the vessels they may be in ; besides, by this exclusion, as pro- posed, the seamen of wrecked vessels would be put upon a differ- ent footing from seamen of captured vessels, who will be entitled to their wages under the resolve of Congress.
As to the third amendment, for that the words therein pro- posed to be inserted in the bill are merely relative, and have not ' a proper subject of reference, as no special mode for division of the moiety allotted to the first possessor, or manner in which the prize should be secured, is pointed out, other than in the sen- tence where the amendment is proposed to be placed.
Ordered, That the said message be transcribed and sent by Mr. Bassett to the House of Assembly.
Mr. Bassett, being returned, reported the delivery thereof ac- cording to order.
Mr. Lockwood, a member of the House of Assembly, attend- ing, was admitted and returned to the Chair the resolution of the Council empowering the President to commission lieutenants and sub-lieutenants under the Militia law, with the concurrence of the House of Assembly thereto.
Ordered, That the bill for raising 120,000 dollars within this State for the service of the present year, by a general tax, and also the bill for the further security of the Government, be now
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respectively signed by the Speaker of the Council, which was ac- cordingly done.
On motion, by order,
The account of Thomas Wilds, Goaler of Kent County, against the Delaware State, with the petition and proceedings of the House of Assembly thereon, were read the first time and ordered to lie over for consideration until to-morrow.
Adjourned to 10 o'clock to-morrow.
TUESDAY, A. M., May 19th, 1778.
The Council met. Present the same members as on yesterday. On motion,
Resolved, That the President and Commander-in-Chief affix the Great Seal of this State to the following bills, to wit :
I. "An act for the further security of the Government," and
2. "An act for raising 120,000 dollars in the Delaware State for the service of the year 1778, by a general tax."
Ordered, That Mr. Baning return the foregoing bills, signed by the Speaker of the Council, to the House of Assembly, and also deliver the foregoing resolution for affixing the Great Seal thereto, for their concurrence, and the following message, viz :
Gentlemen :
We send you the bill for the further security of the Govern- ment, and also the bill for raising 120,000 dollars in the present year, by a general tax, signed by the Speaker of the Council, and recommend that some speedy method be adopted for fur- nishing the respective counties with copies of these bills when sealed and enacted into laws. Of the first of these not less than 54 copies will be wanted for the use of the Justices of the Peace in the several counties, and that forthwith, that they may be en-
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abled to perform the duties required of them therein, and avoid the heavy penalty they are liable to for an omission of any of those duties, and there is but about six weeks allowed for the completing this business. As to the second act, three copies should be immediately made and sent to the Clerk of the Peace of each County, with directions to notify the Justices of the Peace that the special court ordered therein may be held on or before the tenth day of June next, otherwise the law will loose its opera- tion.
Mr. Baning, being returned, reported the delivery of the sev- eral papers aforesaid according to order.
The Council now took into consideration the account and pe- tition of Thomas Wild and the report of the committee of the House of Assembly thereon, and agreed to the said report, which follows in these words, to wit :
"IN THE HOUSE OF ASSEMBLY,
"WEDNESDAY, P. M., May 6th, 1778.
" On motion,
"The House resolved itself into a committee of the whole to. "take into consideration the petition and account of Thomas "Wild, Goaler of Kent County, and after some time spent "therein the Speaker resumed the chair and the chairman re- "ported from the committee that they had allowed to the said " Thomas Wild the sum of ninety-six pounds nineteen shillings "for the following services, viz :
"For subsisting five persons of the United States, . £74 9 0
"For subsisting sundry deserters from the army of "the said States, . 22 IO 0
" £96 19 0
"Which said report was agreed to by the House."
Thereupon
Resolved, That it be recommended to his Excellency, the President, to transmit a copy of the said Thomas Wild's account, for subsisting the British prisoners aforesaid, to Congress, or the Commissary General of Prisoners, as he may think fit, that this
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State may be repaid the same by Congress, and for this purpose that the original account be lodged with the President.
Resolved also, That the original account of the said Thomas Wild, for subsisting deserters as aforesaid, be lodged with the President, and that he be required to transmit a copy thereof to the proper officers of the respective regiments to which such de- serters belonged, that stoppages may be made out of their pay respectively, and this State enabled to charge the same to the United States.
Ordered, That Mr. Collins wait on the House of Assembly with the above resolutions for their concurrence, and return the account and petition of the said Thomas Wild and the report of the committee of the House of Assembly agreed to by the Council.
The committee appointed by the Council to view the place where the bridge mentioned in the bill before the House, upon the petition of Charles Pope, is proposed to be built, now report- ed that they had proceeded to the said place, and are of opinion that a bridge erected over Duck Creek there will be of public as well as private utility, if a road shall be opened from the north end thereof to the road leading from Salisbury town to the Thor- oughfare, and that this ought to be done by and at the expense of the petitioner, as soon as the said bridge shall be erected ; that the nearer the said bridge shall be placed to the upper side of the public wharf there, it will do the least injury to the owner of the land on the south side of the creek, and best answer the purpose of the petitioner ; but that the same ought to be a drawbridge, to preserve an useful navigation above the place where, &c.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Molleston, a member of the House of Assembly, attend- ing, was admitted and returned the bill to prevent dealing and furnishing the enemy with supplies, &c., and delivered the fol- lowing message, to wit :
"A MESSAGE FROM THE HOUSE OF ASSEMBLY TO THE COUNCIL. "Gentlemen :
"The House of Assembly have received your message of yes- "terday, relative to the three several amendments proposed by "this House to the bill to prevent dealing and furnishing the "enemy with supplies, &c., and disagreed to by the Council, "and, upon a reconsideration of the same, have receded there- " from.
"Signed by order of the House,
"SAM'L WEST, Speaker.
"Dover, May 19th, 1778."
Ordered, That the said bill be engrossed.
Mr. Molleston also delivered to the Chair a bill for regulating the fees of divers civil officers, &c., which, by order, was read the first time.
The Council now proceeded in the consideration of the bill to enable Charles Pope, his heirs, &c., and agreed to an amendment thereto.
Ordered, That the same be transcribed and sent, with the said bill, to the House of Assembly by Mr. Collins.
Adjourned to 10 o'clock to-morrow.
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WEDNESDAY, A. M., May 20th, 1778.
The Council met. Present the same members as on yesterday.
Mr. Collins now reported the delivery of the several papers committed to his charge, accordingto the order of yesterday.
The Speaker laid before the Council the resignation of William Killen, Esq., Chief Justice of the Supreme Court of this State, by a writing under his hand and seal, and also a letter from John Cook, Esquire, declaring his resignation as third Justice of the same Court.
Which, by order, were severally read ; and thereupon the fol -. lowing address from the Speakers of the two Houses to the Gen- eral Assembly was laid on the table, viz :
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To the Honorable General Assembly of the Delaware State : .
GENTLEMEN-In pursuance of the resolves of the General . Assembly respecting the appointment of Justices of the Supreme Court in each County of the State, we, by a letter of the 11th instant, addressed to the Honorable William Killen and John Cook, two of the Justices of said Court residing in Kent County, requested of those gentlemen a resignaton of their commissions, that a nomination of persons to fill that Court, residing in each County of the State, might be made for the more speedy execu- tion of the law, necessary under the present circumstances of the State, and at the same time transmitted copies of your said re- solves. In answer to which we have received, through the hands of his Excellency, the President, the resignation of the Honora- ble William Killen, Esquire, Chief Justice of the said Court, by a writing under hand and seal, and a letter from the Honorable John Cook, Esquire, declaring his resignation as third Justice of the same Court, both of which papers we lay before you for your further order therein.
20 May, 1778.
GEO. REED. SAM'L WEST, Speaker ..
Ordered, That Mr. Baning deliver the foregoing message and papers to the House of Assembly for their perusal.
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The bill to prevent dealing and furnishing the enemy with sup- plies, &c., being engrossed, was read and compared and ordered to be signed by the Speaker ; which was accordingly done.
On motion
Resolved, That the President and Commander-in-Chief affix the Great Seal of the State to the bill entitled "An act to pre- vent the inhabitants of this State from dealing and furnishing the enemy with supplies, and for other purposes therein mentioned."
Ordered, That Mr. Baning deliver the foregoing bill and reso- lution to the House of Assembly for their concurrence.
Mr. Baning, being returned, reported the delivery of the sev- eral papers committed to him according to order.
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Mr. Craghead, a member of the House of Assembly, attend- ing, was admitted and presented to the Chair a message from the House of Assembly to the Council.
On motion, by order, the foregoing message was read, and fol- lows in these words, viz :
"Gentlemen :
"This House, having accepted of the resignation of the Hon- "orable William Killen and John Cook, Esq'rs, of their commis- "sions of Justices of the Supreme Court of this State, propose to " the Council that both Houses meet this forenoon, in the Coun- " cil Chamber, and put in nomination persons to be balloted for "as Justices of the said Court, in the room of the said William " Killen and John Cook, Esquires, and also of John Evans, Esq., "appointed second Justice of the same Court, who hath declined " to accept of the said appointment.
"Signed by order of the House,
"SAM'L WEST, Speaker. "Dover, 20 May, 1778."
The Council, taking into consideration the proposition made by the House of Assembly of putting into nomination three per- sons to fill the offices of Justices of the Supreme Court within the State, in the stead of William Killen and John Cook, Esquires,
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who have resigned, and John Evans, Esquire, who hath declined accepting under his former appointment, do agree to the same ; and
Resolved, That persons qualified to be Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, in the room of Thomas Tilton, who hath declined accept- ing the same office, be put in nomination at the same time, and afterwards balloted for.
Ordered, That Mr. Baning wait on the House of Assembly with the foregoing resolution of the Council, for their concur- rence, and inform them that the Council will be ready to receive them forthwith.
Mr. Baning, being returned, reported the delivery thereof ac- cording to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Armstrong, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair the following verbal message, viz :
"Gentlemen :
"As your honorable House have concurred in a resolution of "the 12th instant, for the appointment of a Commissary General "of Prisoners, the Assembly propose that nomination of persons "to be balloted for to fill that office be made at the same time "that the General Assembly proceed in the nomination of per- "sons for Justices of the Supreme Court.
"This House do not consider the appointment of a Clothier "General to be supplied by the appointment of Thomas Rodney,
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"Esquire, in the resolution of both Houses of the 20th of April "last, for the borrowing seven thousand five hundred dollars "on the credit of the State, &c. ; but are of opinion that the "appointment of Mr. Rodney is only temporary, and for the "special service of completing the clothing of the Delaware "Regiment at present. If the Council should view this matter "in the same light the House of Assembly does, and are of "opinion that the appointment of a Clothier General is neces- "sary, this House propose likewise to put in nomination, at the "same time, persons to be balloted for to fill that office."
Whereupon, in answer thereto, the following message was pre- pared and sent to the House of Assembly by Mr. Conwell :
Gentlemen :
The Council can put no other construction on the resolution of the 20th ultimo, mentioned in your verbal message of this after- noon, than is expressed therein, to wit: "That the said sum of seven thousand five hundred dollars be put into the hands of Thomas Rodney, Esquire, for the purpose of completing the purchase of clothing for the Delaware Regiment ;" and however temporary this appointment may be considered to be, yet the business is not begun, and we apprehend that the appointment of a Clothier General, whose duty must be the same, will super- cede this act, so recently done, which would make our proceed- ings rather exceptionable, and this is what we wish to avoid, for the Council think with the Assembly that such an officer is neces- sary, and have no other objection than what is above expressed.
Mr. Conwell, being returned, reported the delivery of the above message according to order. ·
The Doorkeeper informed the Chair that the House of As- sembly were waiting to be admitted, and they were admitted accordingly.
The Council and House of Assembly being met in the Council Room to put in nomination three persons to be balloted for as Justices of the Supreme Court, in the stead of William Killen, John Cook, and John Evans, Esquires ; a Chief Justice of the Court of Common Pleas and Orphans' Court, in the room of Thomas Tilton, and also a. Commissary General of Prisoners for the State, agreeable to the order of the day,
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Ordered, That Messrs. Ridgely, Bryan, Kollock, Bassett, and Hyatt be a committee to wait on his Excellency, the President, and acquaint him that the General Assembly are now met in the Council Room for the purpose of putting in nomination persons who may be balloted for as Justices of the Supreme Court of this State ; a Chief Justice of the Court of Common Pleas and Or- phans' Court, and a Commissary General of Prisoners, and re- quest his attendance at the nomination, if he think proper.
The committee, being returned, reported that his Excellency, the President, said that he would wait on the General Assembly immediately.
The President attended in the General Assembly ; then the members proceeded to put in nomination divers persons to fill the said offices, whose names were taken down for the considera, tion of the members of both Houses. The President then with- drew.
On motion,
Resolved, That the General Assembly now separate and meet at 9 o'clock to-morrow morning, in the Council Room, to ballot . for the said officers out of the persons now put in nomination.
Then the House of Assembly withdrew.
The Council adjourned to 9 o'clock to-morrow morning.
THURSDAY, A. M., May 21st, 1778.
The Council met, and being informed that, by the going away of divers members of the House of Assembly, a sufficient num- ber were not in town to form a House, and no prospect of their attendance before Monday next, the Speaker of the Council ap- plied for leave of absence for ten days, and it is granted to him. Then the Council adjourned to 10 o'clock on Tuesday morning next.
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TUESDAY, A. M., May 26th, 1778.
A sufficient number to compose a House not attending, the Council adjourned from day to day until Friday, the 29th of the same instant.
FRIDAY, A. M., May 29th, 1778.
The Council met, and being informed that a sufficient number of members of the House of the Assembly were not in town, and that it was uncertain when they might be expected, adjourned .till Wednesday, the first day of July next.
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JUNE, 1778.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
CALLED SESSION, JUNE, 1778.
At a meeting of the Council at the Town of Dover, in the County of Kent, by a special order of the President, on Wednes- day, the seventeenth day of June, Anno Domini 1778, a sufficient number of the members to form a House not attending, the Council adjourned from day to day until Friday, the 19th instant ..
FRIDAY, June 19th, 1778.
The following members appeared in the Council, viz :
For New Castle County-Nicholas Vandyke, Peter Hyatt. For Kent County-Richard Bassett, John Baning.
For Sussex County-John Jones, John Clowes, William Con- well.
George Read, Esquire, Speaker of the Council, not attending, the Council proceeded to the choice of a Speaker pro tempore, and Nicholas Vandyke, Esquire, was unanimously chosen. The Speaker took the Chair.
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Mr. Lewis, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following verbal message from the House of Assembly to the Council, viz :
"Gentlemen :
"The sudden separation of the House of Assembly previous "to the time appointed by the General Assembly at their last "sitting for the election of Justices of the Supreme Court, a "Chief Justice of the Court of Common Pleas and Orphans' "Court for the County of Kent, and a Commissary General of "Prisoners, prevented the appointment of those officers ; yet, as "a nomination of persons qualified to fill said offices has been "already made, and the public welfare demanding their ap- "pointment speedily, this House propose to meet the honora- "ble Council to-morrow morning at ro o'clock, in the Council "Chamber, to ballot for the said officers."
Whereupon the following verbal message from the Council to the House of Assembly, in answer to the above, was drawn up at the table :
Gentlemen :
The Council, taking into consideration the proposition made by the House of Assembly, in their verbal message of this day, to meet to-morrow morning at ten o'clock, in the Council Cham- ber, to ballot for Justices of the Supreme Court, a Chief Justice of the Court of Common Pleas and Orphans' Court in the Coun- ty of Kent, and a Commissary General of Prisoners for the State, do agree to the same.
Ordered, That Mr. Conwell wait on the House of Assembly with the concurrence of the Council to their proposition aforesaid.
Ordered, That Mr. Jones and Mr. Bassett be a committee to wait on his Excellency, the President, and acquaint him that the . Council are now sitting and are ready to receive any business which he may have to lay before them.
On motion, by order,
The bill for regulating the fees of divers civil officers, &c., was read the second time and deferred for consideration until to- morrow.
Adjourned to 9 o'clock to-morrow.
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SATURDAY, A. M., June 20th, 1778.
The Council met. All present as on yesterday.
Mr. Conwell now reported that he had waited on the House of Assembly according to the order of yesterday.
The committee appointed to wait on his Excellency, the Pre- sident, now reported that they had delivered the message com- mitted to them, according to the order of yesterday, when the President was pleased, in answer, to say that he had no particular business to lay before the Council, but strongly recommended to them the finishing of the business which was left undone at their last sitting ; and added that if any papers which concerned the public should come to his hands whilst the Council were sitting he would immediately lay them before the Council.
Ordered, That Mr. Baning wait on the House of Assembly and inform them that the Council are now sitting and are ready to receive them for the purpose of balloting for Justices of the Supreme Court, a Chief Justice of the Court of Common Pleas and Orphans' Court in Kent County, and a Commissary General of Prisoners for the State, out of the persons before put in nomi- nation.
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