USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 19
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Mr. Baning, being returned, reported the delivery of the above message according to order.
The House of Assembly now attended for the purpose of bal- loting for the said officers, and were admitted.
Ordered, That Messrs. Jones, Clowes, Stout, Bryan, and Hall be a committee to wait on his Excellency, the President, and ac- quaint him that the General Assembly are now met in the Council Chamber for the purpose of balloting for Justices of the Supreme Court, a Chief Justice of the Court of Common Pleas and Or- phans' Court for the County of Kent, and a Commissary Gen- eral of Prisoners for this State, and request his attendance, if he choose to be present, at the balloting.
The committee, being returned, reported that they had waited
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on his Excellency, the President, with the above message, when he was pleased to say that he would attend the General Assembly immediately.
The President attended in the General Assembly ; then the President and General Assembly proceeded to the choice of the said officers severally, by joint ballot, and the box containing the ballots being examined by the Speaker of each House, in the presence of the President and the members thereof, it appeared that-
William Killen, Esq., was duly elected Chief Justice of the Supreme Court for this State ;
David Finney, Esq., was duly elected second Justice of the said Court ; and
John Jones, Esq., was duly elected third Justice of the said Court ;
Thomas Rodney, Esq., was duly elected Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent ; and
George Craghead, Esq., was duly elected Commissary General of Prisoners for this State.
On motion, agreed that the General Assembly now separate.
Then the President and the House of Assembly withdrew, and the Council adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and took into consideration the bill for regu- lating the fees of the civil officers, &c., and after some time spent therein, thereupon
Resolved, That the said bill be referred to a committee of two to examine and report thereon on Monday next.
The members chosen : Mr. Jones and Mr. Clowes.
Adjourned to 10 o'clock on Monday next.
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MONDAY, A. M., June 22d, 1778.
The Council met. All present as on Saturday, and also Mr. Hyatt.
The committee to whom was referred the bill for regulating the fees of the civil officers, &c., now delivered in their report at the table, which, by order, was read the first time.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and took into consideration the report of the committee on the bill for regulating the fees, &c., and some amendments being agreed to, the same was deferred for further consideration till to-morrow.
Adjourned to 10 o'clock to-morrow.
TUESDAY, A. M., June 23d, 1778.
The Council met. All present as on yesterday.
The Council now resumed the consideration of the amend- ments reported to the bill for regulating the fees, &c., by the committee, and after sundry debates, the question being put, whether the allowance of the members of the General Assem- bly, the Clerks of the two Houses, and the members of the Privy Council, for their attendance, should be a fixed sum, or, whether their expenses should be paid by the public, the Council were equally divided.
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On motion of Mr. Bassett, that the yeas and nays on the said question be entered on the minutes, the same were ordered, and are as follow, to wit :
For the affirmative- Mr. Bassett, Mr. Baning, Mr. Hyatt. For the negative-Mr. Jones, Mr. Clowes, Mr. Conwell.
And thereupon the Speaker gave the casting vote in the nega- tive.
Mr. Patterson, a member of the House of Assembly, attend- ing, was admitted and returned to the Chair the bill for a free pardon, &c., with a paper of amendments proposed thereto by the House of Assembly.
The same member delivered to the Chair a resolution of the House of Assembly for the appointment of committees for set- tling the Loan Office accounts, and also a resolution to adjourn on Thursday next.
The Council now proceeded in the consideration of the bill for regulating the fees, &c., and the amendments reported thereto, and after some time spent therein the same was postponed until the afternoon for further consideration.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The Council again proceeded in the consideration of the bill for regulating the fees, &c., and the amendments reported there- to by the committee, and the said amendments were all acceded to, and ordered to be transcribed and sent therewith to the House of Assembly for their concurrence.
Mr. Molleston, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair a bill entitled "An
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act for aiding the discontinuance of the process in the Supreme Court of this State."
On motion, by order, the said bill was read the first time.
By special order the same was read the second time and agreed to by the Council.
Ordered, That Mr. Conwell wait on the House of Assembly with the bill for regulating the fees of divers civil officers, &c., and the amendments proposed thereto by the Council ; and also return the bill for aiding the discontinuance of the process in the Supreme Court of this State, agreed to by the Council.
Mr. Conwell, being returned, reported that he had waited on the House of Assembly with the aforesaid papers according to order.
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Mr. Craghead, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair the bill to enable Charles Pope, his heirs, executors or administrators, to erect a bridge over Duck Creek, with the amendments proposed thereto by the Council ; and also the following message from the House of Assembly to the Council relative to the said amendments, to wit :
"Gentlemen :
"" The House of Assembly have taken into consideration the " amendments proposed by your honorable House to the bill to "enable Charles Pope, his heirs, executors or administrators, to "erect a bridge over Duck Creek, and have acceded to the first. "Your second amendment this House have not agreed to, be- "cause they conceive it would be a particular hardship upon the "said Charles Pope to oblige him to lay out a road, at least a " mile through his lands, without receiving any compensation by "way of damages, as they apprehend that the bridge intended "to be erected by him will be of public utility. The Assembly "therefore flatter themselves that the honorable Council, upon a "reconsideration of the said amendments, will recede therefrom.
"Signed by order of the House,
"Dover, June 22, 1778.
SAM. WEST, Speaker."
Which, by order, was read. 38
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On motion, by order, the resolution of the House of Assembly for the appointment of committees for settling the Loan Office accounts, was read the first time.
On motion, by order, the resolution of the House of Assembly respecting an adjournment, was read the first time.
The Council now took into consideration the amendments pro- posed by the House of Assembly to the bill for a free pardon, &c., and after some time spent therein the same was postponed until to-morrow.
Adjourned to 10 o'clock to-morrow.
WEDNESDAY, A. M., June 24th, 1778.
The Council met. All present as on yesterday, except Mr, Bassett, who is sick.
The Council resumed the consideration of the amendments proposed by the House of Assembly to the bill for a free pardon, &c., and the same being severally acceded to, a further amend- ment to the said bill was proposed by the Council, agreed to, and ordered to be transcribed and sent to the House of Assembly.
The Council, taking into a reconsideration the second amend- ment proposed by them to the bill to enable Charles Pope, his heirs, executors, &c., to erect a bridge over Duck Creek, and disagreed to by the House of Assembly, do recede therefrom.
Ordered, That Mr. Baning wait on the House of Assembly with the foregoing bill and its amendments and inform them that the Council had receded from their second amendment.
Mr. Baning, being returned, reported that he had waited on the House of Assembly, according to order, with the aforesaid papers.
On motion, by order,
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The resolution of the House of Assembly for the appointment of committees to settle the Loan Office Accounts, was read the second time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, P. M., June 21st, 1778.
"The House, taking into consideration that part of the mes- "sage from the Council of the 14th of May last, objecting to the "resolution of this House, of the Ist of the same month, for the "appointment of committees for settling the accounts of the "General Loan Office, concurred therein, and thereupon
"Resolved, That David Finney and John Thompson, Esq'rs, "be appointed, on the part of this House, a committee for the "County of New Castle ; William Killen and James Sykes, "Esquires, a committee for the County of Kent ; and William "Peery and John Clowes, Esquires, a committee for the County "of Sussex, for the purpose of settling and adjusting the accounts "of the respective Loan Offices and Military Treasurers within "this State, and also the accounts of a Committee of Safety, "formerly for the County of Sussex, agreeable to two resolu- "tions of this House of the aforesaid Ist of May.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly.".
And thereupon the Council, on their part, have nominated Samuel Patterson, Esquire, for the County of New Castle ; Elea- zar McComb, Gentleman, for the County of Kent ; and Joseph Hazzard, Gentleman, for the County of Sussex, in addition to the number chosen by the House of Assembly, for the purpose aforesaid.
Ordered, That Mr. Conwell return to the House of Assembly the foregoing resolution, with the concurrence and appointment of the Council thereto.
Mr. Conwell, being returned, reported the delivery thereof ac- cording to order.
Adjourned to 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Derrickson, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair the Fee Bill, with the amendments proposed thereto by the Council, severally ac- ceded to by the House of Assembly, except that part of the first which relates to the allowance to the Justices of the Courts of Common Pleas, &c., and an additional clause, proposed by way of amendment to the said bill by the House of Assembly, ac- companied with a message from that House to the Council rela- tive to the same. ·
The same member also delivered to the Chair a resolution of the House of Assembly for filling up the blanks, left for the com- missioners' names, in the bill for a free pardon, &c.
On motion, by order, the message relative the amendments- proposed by each House to the Fee Bill, was read the first time, and is as follows, viz :
" Gentlemen :
"The Assembly have taken into consideration the amend- "ments proposed by your honorable House to the bill for regu- "lating and establishing the Fees of divers Civil Officers of this "State, and for other purposes therein mentioned, and have "agreed to all the said amendments except that part of the first "which makes the fees allowed to the Justices of the Courts of "Common Pleas and Orphans' Courts and the Registers for " the Probate of Wills double the sums allowed the said Justices "and Registers by an act of Assembly of this State, passed the "third day of November, one thousand seven hundred and sev- "enty, entitled 'An act for regulating and establishing Fees,' "which they have rejected, because they conceive the salaries "the said Justices, by an act of Assembly of this State, passed "the twenty-second day of February, one thousand seven hun- "dred and seventy-seven, when added to the sums allowed by "the first recited act, will make ample provision for defraying
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"the expenses incurred by the said Justices while attending the "business cognizable before their Courts, and because they con- "ceive the office of Register for the Probate of Wills is a lucra- "tive post, and the execution thereof not necessarily attended "with any great expense.
" The Assembly have also added another clause to the bill for "defraying the expenses incurred by the Justices of the Supreme "Court during the sitting thereof, and for allowing them fees for "services by them to be done, for which no provision hath here- "tofore been made, which they flatter themselves will be acceded "to by your honorable House.
"Signed by order of the House,
"Dover, June 24, 1778. SAM. WEST, Speaker."
On motion, by order,
The resolution of the House of Assembly for filling up the blanks, left for the commissioners' names, in the bill for a free pardon, &c., was read and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., June 24, 1778 .*
" On motion,
"Resolved, That the blanks, left for the names of the commis- "sioners, in the bill entitled 'An act of free pardon and oblivion, "and for other purposes therein mentioned,' be filled up as fol- "lows, viz :
"For New Castle County-William M. Clay, Gentleman.
"For Kent County-The Honorable Samuel West, Esquire.
"For Sussex County-Levin Derrickson, Esquire.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
Adjourned to 10 o'clock to-morrow.
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THURSDAY, A. M., June 25th, 1778.
The Council met. All present as on yesterday.
On motion, by order, the message from the House of Assem- bly to the Council of yesterday was read a second time ; where- upon the following answer was drawn up at the table, read and agreed to, to wit :
Gentlemen :
The Council have taken your message of yesterday, relative to the amendments proposed by Council to the bill entitled "An act for regulating and establishing the Fees of divers Civil Offi- cers, &c.," and the amendments proposed by your honorable House to said bill, into consideration, and have receded from their first amendment, proposing to strike out all the words of the clause in the second page of the aforesaid bill which follow the word [the] in the 3d line next before the word [Justices], and agree that they shall stand after the other words by Council proposed to be added to that exception.
We have also agreed to your proposed amendment with the following alterations, to wit: Dele the words [said act for es- tablishing fees] and insert [by the laws of this State] ; also add the words [and Court of Oyer and Terminer and General Goal Delivery] after the word [Court] in the fourth line of said amendments. Dele the word [Supreme], in the third line of the enacting clause, and add the letter [s] to the next word. Dele the words [the State], in the line next following, and insert these words : [by the respective counties where the said Courts shall be held]. Dele the words [above-recited act] and insert [by the laws of the State]. Dele the word [the] and insert the word [such] ; and also dele the words [in which they respec- tively reside].
Ordered, That Mr. Conwell wait on the House of Assembly with the above message, and return the bill for regulating the fees, &c., with its amendments.
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Mr. Conwell, being returned, reported that he had waited on the House of Assembly with the said papers according to order.
Ordered, That Mr. Hyatt wait on the House of Assembly with the bill for a free pardon, &c., and its amendments, and inform them that the Council have agreed to the amendments proposed by them to the said bill, and have also proposed a further paper of amendments to the same.
Mr. Hyatt, being returned, reported that he had delivered the same according to order.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Clark, a member of the House of Assembly, attending, was admitted and returned the bill for a free pardon, with the amend- ments proposed to the same by the Council acceded to by the House of Assembly.
The same member delivered to the Chair "A bill to prevent the exportation of provisions from this State beyond the seas."
On motion, the pardon bill was read and passed the Council, and thereupon
Ordered, That the bill for a free pardon be engrossed.
On motion, by order, the bill to prevent the exportation of provisions, &c., was read the first time.
By special order the same was read the second time and passed the Council.
Ordered, That Mr. Conwell return the same to the House of Assembly, and inform them that the Council have agreed thereto.
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Mr. Conwell reported that he had returned the said bill accord- ing to order.
Mr. Derrickson, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair the following verbal message from the House of Assembly to the Council, viz :
"The House of Assembly finding they cannot, this evening, "finish the business before them, have agreed to postpone the "adjournment of the General Assembly until to-morrow after- "noon."
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, A. M., June 26th, 1778.
The Council met. Present the same members as on yesterday.
The bill for a free pardon, &c., being engrossed, was read and compared, and ordered to be sent by Mr. Clowes to the House of Assembly for comparison, and to be signed by the Speaker of that House, together with the resolution for filling up the blanks left for the names of the commissioners in the said bill, in which the Council had concurred.
Mr. Clowes, being returned, reported that he had waited on the House of Assembly with the said papers according to order.
Mr. Ridgely, a member of the House of Assembly, attending, was admitted and delivered to the Chair the several bills passed this session, severally signed by the Speaker of the House of As- sembly, together with the amendments to each, and a resolution of that House for affixing the Great Seal to the said bills.
The same member also delivered the resolutions of the House of Assembly for procuring the records and public papers of this State, and lastly the resolutions of Assembly of the 25th June, 1778.
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On motion, by order, the resolution of the House of Assem- bly for affixing the Great Seal to the several bills passed this session was read and concurred in, and is in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., June 26th, 1778.
" 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 of free pardon and oblivion, and for other pur- " poses therein mentioned ;'
"2. 'An act to prevent the exportation of provisions from " this State beyond the seas ;'
"3. 'An act for aiding the discontinuance of the process in " the Supreme Court of this State ;'
"4. 'An act for regulating and establishing the fees of divers " civil officers of this State, and for other purposes therein men- "tioned ;'
"5. 'An act to enable Charles Pope, of the County of Kent, "his heirs, executors or administrators, to erect a bridge over "Duck Creek.'"
On motion, by order, the resolutions of the House of Assem- bly for procuring the records and public papers of this State were read and concurred in, and follow in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., June 26, 1778.
"WHEREAS the records and public papers of this State and "the County of New Castle have fallen into the hands of the " British troops, lately in the City of Philadelphia, in the Prov- "ince of Pennsylvania, and may yet remain there ; in order, " therefore, to recover the same, if possible,
"Resolved, That the President of this State be empowered to "appoint a proper person or persons to go to said city for the "purpose aforesaid, to make inquiry for and demand and receive "and secure such records and public papers from any person or "persons in whose hands or possession the same, or any of them,
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"may be, and this House will defray all expenses that may be "necessarily incurred in said business.
"And whereas this House stands well informed that George "Stephenson, Esquire, formerly a Surveyor in the Counties of "New Castle and Kent, and now an inhabitant of Pennsylvania, "hath in his possession many original warrants and other papers "concerning the rights to land in this State,
"Resolved, That the President be desired to appoint some "proper person to go to and demand and receive of the said "George Stephenson all warrants and other papers concerning "the titles of land, or other public papers belonging to this "State, that may be in his possession ; and that he cause the "same papers, when received, to be safely lodged in the Re- "corder's Office of Kent County till the General Assembly shall, "otherwise direct.
"Resolved, That the President be empowered to draw upon "the Trustee of the Loan Office in any county of this State for "such sum or sums of money as may be necessary for this ser- "vice, and this House will devise ways and means to replace the "same."
On motion, by order,
The resolutions of the Assembly of the 25th June, 1778, were read and concurred in, and are as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "THURSDAY, A. M., June 25th, 1778.
" On motion,
"Resolved, That his Excellency, the President, be empowered "and requested to give the necessary orders for the payment of " the debts due to the Militia of this State, according to the re- "solves of the General Assembly thereof.
"That he draw out of the Loan Offices of this State, or any " of them, such sums of money as may be necessary for carrying "into execution a resolve of the General Assembly empowering "his Excellency to procure arms and ammunition and to employ "an armourer, and this House will devise ways and means for "replacing the same.
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"That a transcript of the appointment by the General As- " sembly of a Commissary General of Prisoners for this State be "made out for the said Commissary, and signed by the Speakers "of both Houses, and that the President be empowered to pay "into the hands of the said Commissary General such sum or "sums of money as he may want for the purchasing provisions "for the use of prisoners and for defraying the expense of the "same out of any money that may be in any of the Loan Offices "in this State not yet appropriated."
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Ordered, That the several bills passed this session be now signed by the Speaker of the Council.
Which was done accordingly ; and thereupon the Council, on their part, do appoint Mr. Jones and Mr. Clowes to be a commit- tee, to join with a committee of the House of Assembly, to wait on his Excellency, the President, with the said bills and see him affix the Great Seal thereto.
Ordered, That Mr. Clowes return the said bills and the three last mentioned resolutions, severally signed by the Speaker of the Council, to the House of Assembly, and inform them of the ap- pointment aforesaid.
Mr. Clowes, being returned, reported that he had waited on the House of Assembly with the papers committed to him, and informed them of the appointment aforesaid, according to order.
Mr. Craghead, a member of the House of Assembly, attend- ing, was admitted and informed the Chair that the House of As- sembly had acceded to their appointment, and have named, on the part of the House of Assembly, Messrs. Patterson, Ridgely,
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and Hall to join the said committee of Council for the purpose aforesaid.
The committee, being returned, reported that they had waited on his Excellency, agreeable to order, and that he affixed the Great Seal of this State to the laws in their presence.
Mr. Waples, a member of the House of Assembly, attending, was admitted and delivered to the Chair a resolution of that House empowering the President to draw for monies allowed by the Gen- eral Assembly, with an account for services done by James Booth, Esquire, as Secretary, amounting to £54 : 4 : 0.
On motion, by order, the foregoing resolution was read and concurred in, and follows in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, P. M., June 26th, 1778.
" On motion,
"Resolved, That the President or Commander-in-Chief be em- "powered to draw out of the Loan Offices of this State, or any " of them, such sum or sums of money as have been agreed by " the General Assembly to be due to any person or persons for "services rendered this State.
"On motion, by order, the account of James Booth, Esquire, " for services done as Secretary, was read and allowed."
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