USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 2
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Among the many interesting subjects and measures brought before the Council, not the least important were the joint resolutions in relation to the calling of a Convention to ratify the Constitution of the United States, which were adopted, November 10, 1787. An election for Delegates to the Convention was ordered for Monday, the 26th of the same month, and the Convention was to assemble at
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INTRODUCTORY NOTE.
Dover, on the Monday following. As a fact of history, the Convention was held, and ratified the Constitution, without a dissenting voice, on the 7th of December, but the journals of the Convention have been lost, and we have no further record of its proceedings than that the ratification was duly certified to Congress. One of the joint resolutions, just mentioned, requests the particular attention of the Convention to " the proposition submitted to the General Assembly, by petition from divers of the freemen resident in the upper part of this State, of ceding to the United States a district within the State for the seat of the Government of the United States, and for the exclusive legislation of Congress."
On October 25, 1788, George Read and Richard Bassett were elected to rep- resent the State in the Senate of the United States. They were the first Senators from Delaware.
If the limits of this note permitted a more detailed reference to the many mat- ters of historical interest contained in the " Minutes," it would be a pleasing task to make mention of some incidents connected with the progress of the Revolution- ary War, the recruiting of troops, furnishing supplies, etc .; of the wise and judi- cious legislation of those early days, and of the reputation and ability of the men who served in our state and national governments. It will be observed by the most casual reader that, in the orderly conduct of business, in the careful delibera- tion given to every measure, in provident care for a most uncertain future, in the dignified tone and scholarly style of their public papers, and in the prompt and efficient discharge of official duty, the legislators of 1776-92, will bear a favorable comparison with any of later times, either in or out of the State.
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MINUTES OF COUNCIL.
OCTOBER, 1776.
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OF THE DELAWARE STATE.
NEW-CASTLE-ON-DELAWARE, MONDAY, October 28th, 1776. ;
At a meeting of the Council, one of the branches of the Legis- lature for the Delaware State, it appears, by the returns of the Sheriffs and Inspectors of the Counties of New Castle, Kent and Sussex, that on the 21st day of October, instant, at the usual places of election for the said counties, the following gentlemen were chosen members thereof, with the number of votes annexed' and following each name, to wit :
FOR NEW CASTLE COUNTY.
George Read, with 280 votes. Nicholas Vandyke, with 246 votes. Richard Cantwell, with 244 votes. FOR KENT COUNTY. Thomas Collins, with 645 votes. James Sykes, with 642 votes. Richard Bassett, with 639 votes. FOR SUSSEX COUNTY.
John Wiltbank, with 542 votes. William Polk, with 541 votes. Daniel Dingee, with 541 votes.
And the names being called over, they all appeared except Richard Cantwell, Esq.
Council adjourned till to-morrow, 3 o'clock, P. M.
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TUESDAY, P. M., October 29th, 1776.
Council met. Present all the members, who proceeded to the choice of a Speaker, when George Read was unanimously chosen.
The Speaker, in the Chair, Mr. Slator Clay was appointed Clerk, and Robert Booth, Doorkeeper.
Then the Speaker, in the Chair, and afterwards all the mem- bers, took and subscribed the oath and the declaration prescribed by the Constitution or system of government formed by the late Convention for this State .* 1
On motion,
Resolved, That a quorum of this Council shall consist of five members, including the Speaker.
On motion,
Ordered, That Messrs. Bassett and Vandyke be a committee
* The oath, and the declaration of faith, here and subsequently mentioned, are recorded and signed in a " Book of Qualifications," as follows:
1 [A. B. ] will bear true allegiance to the Delaware State, submit to its Consti- tution and Laws, and do no act, wittingly, whereby the freedom thereof may be prejudiced.
I [A. B.] do profess faith in God the Father, and in Jesus Christ his only Son, and in the Holy Ghost, one God, blessed for evermore; and I do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine In- spiration.
GEO. READ, Speaker. NICH'S VANDYKE. R'D CANTWELL. THOS. COLLINS. JAMES SYKES. RICHARD BASSETT. JOHN WILTBANK. WM. POLK. DAN. DINGEE.
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THE DELAWARE STATE, 1776.
to report a set of Rules for conducting the business of this Council.
Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, A. M., October 30th, 1776.
Council met. Present all the members.
Slator Clay attended and took and subscribed a qualification for the faithful execution of the office of Clerk of this Council, and that he will not disclose or reveal the secrets thereof .* *
The committee appointed to report a set of Rules for conduct- ing the business of this Council brought in their report, which, by order, was read and agreed to, and follows in these words, to wit:
RULES TO BE OBSERVED BY MEMBERS OF COUN -. CIL DURING THE SITTING THEREOF.
I. That all members of Council shall appear at the calling over their respective names at every adjournment.
2. That no member of Council shall be allowed to speak to any one matter or thing above three times, without license from the Speaker first had and obtained, and that no member pre- sume to speak in the House sitting, but direct his discourse to the Speaker standing.
3. That no member of Council shall presume to speak or in- terrupt any other member whilst he is speaking.
*The oath here mentioned is given in the " Book of Qualifications," as follows :
I, Slator Clay, do swear that I will faithfully, according to the best of my abili- ties, perform the office of Clerk of the Council of the Delaware State, and that I will not disclose or reveal the secrets thereof.
SLATOR CLAY.
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4. That no member go out of the House during the sitting thereof and continue thereout above the space of half an hour without leave first had and obtained.
5. That where any question is put in Council that may cause 'a debate, the names of the members who are for the affirmative, and also those who are for the negative, be set down at large on the minutes, being first moved for by one or more of the mem- bers thereof.
The Speaker laid on the table a letter addressed from the Hon- orable John Hancock, Esq., President of Congress, inclosing sundry resolutions respecting the augmentation and reënlistment of the Continental army during the war, which were read and laid on the table for consideration.
Adjourned till 3 o'clock.
EODEM DIE, P. M.
Council met. Present all the members.
A committee from the House of Assembly, attending at the door, were admitted and delivered the following verbal message, to wit :
That the House of Assembly requested the Council to appoint a committee to confer with a committee of their House on the subject matter of making a Great Seal for this State, and with- drew.
The Council, taking the same into consideration,
Resolved, That Messrs. Sykes and Vandyke be appointed a committee from this House to confer with the committee of the House of Assembly on the subject of forming a device and making a Great Seal for this State.
Ordered, That Mr. Bassett wait on the House of Assembly and inform them of the said appointment.
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Mr. Bassett, being returned, reported that he had waited on the House of Assembly, according to order, and informed them of the same appointment.
' The Council entered upon the consideration of the letter from the President of Congress and the resolutions inclosed therewith, · and thereupon
Resolved, That the following message be transcribed, signed by the Speaker, and sent to the House of Assembly, that is to say :
Gentlemen :
A letter from the Honorable Mr. Hancock, as .President of the Congress, inclosing sundry resolutions of that body respect- ing the augmentation and reenlistment of the Continental army during the continuance of the war, being laid before us, we think it our duty to give you this immediate information thereof, 'send- ing herewith the letter and its inclosures, and as this business is of the greatest importance, we wish that it might be proceeded upon in the most effectual and expeditious way, and therefore propose to your honorable House the appointment of committees by both Houses to confer upon the subject matter of the said letter and resolutions of Congress, who may severally report upon this business.
Ordered, That Mr. Collins wait on the House of Assembly with this message and the President's letter with its inclosures.
A committee from the House of Assembly, attending, were admitted and delivered the following verbal message, that is to say :
That Messrs. McKean, Cook and Robinson were appointed a committee by the House of Assembly to confer with the com- mittee of Council on the forming a device and making a Great Seal for this State, and that they were then ready to attend the conference.
Adjourned till to-morrow morning, 10 o'clock.
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THURSDAY, October 31st, 1776.
The Council met. Present all the members.
Mr. Collins reported that he had waited on the House of As- sembly and delivered the message aforesaid, with the President of Congress's letter and its inclosures, according to order.
A member from the House of Assembly, attending at the door, was admitted and delivered a written message from that House, as follows, to wit :
" Gentlemen :
"This house has taken into consideration your message relating "to the enlistment of a Battalion in this State to continue in the "service of the United States of America during the present "war, together with the letter from the President of the Congress "and its inclosures, and thereupon appointed Messrs. Robinson, "Ridgely and Mckean a committee to confer with a committee
" of your honorable House on the subject matter thereof, at such "time and place as your House shall appoint."
And the same being taken into consideration,
Ordered, That Messrs. Sykes, Vandyke and Collins be a com- mittee to confer with the committee appointed by the House of Assembly on the subject matter of the message aforesaid, to meet at the house of Mr. Anderson this afternoon.
Ordered, That Mr. Vandyke wait on the House of Assembly and inform them of this appointment.
Adjourned till to-morrow morning, 10 o'clock.
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THE DELAWARE STATE, 1776.
FRIDAY, November Ist, 1776.
Council met. Present all the members.
Mr. Vandyke reported that he had waited on the House of Assembly, according to order, and informed them of the ap- pointment of the committee of Council as aforesaid.
Some of the members desiring leave to attend committees, adjourned till to-morrow morning, 10 o'clock.
SATURDAY, November 2d, 1776.
Council met.
The committee appointed to confer with a committee of the House of Assembly respecting the raising of a Battalion from this State to serve in the Army of the United States of America during the present war, upon the terms mentioned in the resolu- tions of Congress, made their report, which, by order, was read the first time.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the resolutions of that House upon the report of their committee respecting the raising of the battalion aforesaid to serve during the present war, for the approbation and concurrence of the Council, which, by order, was read the first time.
On motion,
By special order, as well the report of the committee of Council as the resolutions of the House of Assembly aforesaid, were read
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second time, and after some debate had thereon, the further con- sideration of the same was deferred till the afternoon.
The committee appointed to confer with a committee of As- sembly on the subject matter of forming a device and making a Great Seal for this State, brought in their report, which, by order, was read the first time.
On application of Mr. Collins for leave of absence till Monday afternoon, the same was granted.
Adjourned till 3 o'clock.
EODEM DIE, P. M.
Council met. Present all the members, except Mr. Collins.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a resolution of that House upon the report of the committees of conference respect- ing the forming of a device and making a Great Seal for this State, which, by order, was read the first time.
On motion,
By special order, the same was read a second time and con- curred in, and is in the words following, to wit :
"Resolved, That a committee of one member from each House "be appointed to procure, as soon as possible, a silver seal of "the diameter of three inches and of a circular form, and that "there be engraven "Britannia" on the right side thereof, and "on the left, opposite to her, "Liberty," (in the usual shapes) "with a label proceeding from Britannia to Liberty in these "words : "Go to America ;" and that there be engraven on the "top, the shape of a book, having these words therein : "The
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" Bill of Rights ;" and at the bottom another book having these "words therein: "The System of Government ;" and that there "shall be an inscription round the same, near the edge or ex- "tremity thereof, in the words following, in capital letters : "'THE GREAT SEAL OF THE DELAWARE STATE,' "with the figures 1776.
"Resolved, That Mr. McKean be appointed on the part of this " House for the purpose above mentioned."
On motion,
Resolved, That Mr. Sykes be appointed on the part of the Council for the carrying the resolution aforesaid into execution.
Ordered, That Mr. Vandyke wait on the House of Assembly, with the concurrence of Council to their resolution, and inform that House of the appointment of Mr. Sykes to join with Mr. McKean in procuring the Great Seal for this State.
The Council resumed the consideration of the resolutions of the House of Assembly respecting the raising a battalion from this State to serve during the war in the Army of the United States, . and after some time spent therein it was deferred till Monday" next.
Adjourned till Monday morning, 10 o'clock.
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MONDAY, November 4th, 1776.
Council met. Present all the members, except Messrs. Cant- well and Collins.
Mr. Vandyke reported that he had waited on the House of Assembly, according to order, and informed them of the appoint- ment of Mr. Sykes to join Mr. Mckean in procuring a Great Seal for this State.
The Council resumed the consideration of the resolutions of the House of Assembly respecting the raising a battalion from this State to serve during the war in the Army of the United States, and divers amendments being proposed and agreed to, the same were transcribed.
Ordered, That Mr. Sykes wait on the House of Assembly with the said resolutions, and amendments proposed by this House, for their consideration and concurrence.
Adjourned till to-morrow morning, 10 o'clock.
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TUESDAY, November 5th, 1776.
Council met. Present all the members, except Mr. Cantwell and Mr. Collins.
Mr. Sykes reported that he had waited on the House of As- sembly, according to order, with their resolutions respecting the raising a battalion from this State, and the amendments thereto proposed by this House, for their consideration and concurrence.
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THE DELAWARE STATE, 1776.
A member from the House of Assembly, attending at the door, was admitted and returned the amendments proposed by the Council to resolutions respecting the raising a battalion from this State, to all of which the House of Assembly agreed except those in the fourth resolution, to which that House proposed further amendments, and the same being taken into consideration were acceded to by the Council.
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Whereupon Mr. Vandyke was ordered to wait on the House of Assembly with the concurrence of Council to the said resolu- tions, which are as follows, to wit :
"I. Resolved, That one battalion be enlisted from this State "to serve during the present war, agreeable to the resolutions of "Congress of the 16th of September last.
"2. That a member be appointed by each House to repair "forthwith to the camps in New York and New Jersey and in- "quire into the condition of the battalions there under the com- "mand of the Cols. Haslet and Patterson, and obtain a list of "such officers in Col. Haslet's Battalion as are willing to continue "in the service during the present war on the terms proposed by "Congress ; and also a list of such officers in Col. Patterson's " Battalion as may be desirous of supplying vacancies, if any "such shall be.
"3. That the said two commissioners be instructed to consult "and advise with General Washington respecting the promotion "and appointment of officers in the battalion to be enlisted as "aforesaid.
"4. That the said commissioners. be furnished with blank "commissions from Congress, and that they, having the appro- "bation of General Washington, may fill up the same with the "names of such officers as choose to continue in the service, "giving preference to the officers in Col. Haslet's Battalion of "regulars, deficiencies to be made up out of the list of officers "belonging to Col. Patterson's Battalion.
"5. That the commissioners take the most speedy and ef- "fectual measures to procure the enlistment of such non-com- "missioned officers and privates in the two battalions aforesaid "as may be willing to engage in the service during the war on "the terms proposed by Congress.
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"6. That the said commissioners make particular inquiry into " the condition of the clothing, arms and blankets of the soldiers "belonging to the said battalions, and report the same to the "General Assembly as soon as possible.
" On motion,
" Resolved, That Col. Samuel West be appointed on the part " of this House a commissioner for the purposes aforesaid."
Adjourned till to-morrow, 10 o'clock.
WEDNESDAY, November 6th, 1776.
Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the orders and resolu- tion following, to wit :
"On motion,
" Ordered, That Mr. Thompson, Mr. Lockwood, and Mr. "Bradley be a committee to adjust and settle the accounts of the " Military Treasurers of the several Counties in this State, and "report the same to this House.
" On motion,
" Ordered, That Messrs. Thompson, Lockwood, and Bradley "be a committee to adjust and settle the pay and accounts of the "officers appointed in the said Third Battalion proposed to have "been raised in this State by the late Convention thereof.
"Resolved, That the accounts of the signers of the last emis- "sion of paper currency, and of those persons who attended the "press, etc., be referred for adjustment to the above mentioned " committee.
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" Ordered, That Mr. Ridgely wait on the Council with a copy "of the above orders and resolution and propose to them the ap- "pointment of a committee of Council to join with the committee "of this House in the business aforesaid, if they think proper."
And the same being read and considered were concurred in, and thereupon Messrs. Sykes and Dingee were appointed to join the committee named by the House of Assembly in the settle- ments of the several accounts aforesaid, and that they report the same to this House.
The Council proceeded to the nomination of one of their members to repair to the camps in New York and New Jersey, agreeable to the resolutions of yesterday, when Lieut. - Col. Col- lins was unanimously appointed.
Ordered, That Mr. Wiltbank wait on the House of Assembly with a copy of the appointment of Col. Collins aforesaid, and also with the concurrence of Council to the foregoing resolution and orders of the House of Assembly.
Mr. Wiltbank reported that he had waited on the House of Assembly according to the order aforesaid.
A committee from the House of Assembly, attending at the door, were admitted, and delivered to the Chair a bill entitled
"An act to render certain bills of credit a legal tender within this State, and to prevent the counterfeiting of the same and other bills of credit."
Also, a "Bill for printing and emitting fifteen thousand pounds on bills of credit of this State, to be let out on loan; and for striking 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."
Which, by order, were read the first time.
A committee from the House of Assembly, attending at the door, were admitted and delivered to the Chair the following propositions, to wit:
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"On motion,
"Ordered, That Messrs. Porter, Clarke and Hill be a committee "to wait on the Council and propose to them the appointment of "Delegates from this State to Congress, by joint ballot of both "Houses, as prescribed by the Constitution; and also the ap- "pointment of a Council of Safety for this State, to act during the "recess of the Legislature."
And the same being taken into consideration, the Council con- curred in the first proposition, as to the appointment of delegates. As to the appointment of a Council of Safety,
Resolved, That the following message be transcribed, signed by the Speaker, and sent to the House of Assembly, viz:
Gentlemen :
The propositions delivered to us by your committee respecting the appointment of Delegates from this State to Congress by joint ballot, and also a Council of Safety, to act during the recess of the Legislature, were taken immediately under our consideration. As to the first, the Council have concurred; as to the last, to wit: the appointment of a Council of Safety, we could have ' wished that some reason had been assigned in the proposition to show the necessity of forming such a power upon our own au- thority. We can conceive a case that may justify such a measure, to wit: the adjournment of the General Assembly before the appointment of a President and Privy Council under the present Constitution. If this should be the intention of the House of Assembly, and their reason for proposing the appointment of a Council of Safety, we shall think it our duty to join such a provision for the weal of the State in the recess of the General Assembly; therefore we wish to have this business explained.
Ordered, That Mr. Polk wait on the House of Assembly with this message.
Mr. Polk returned and made report that he had delivered the message according to order.
Adjourned till 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1776.
THURSDAY, November 7th, 1776.
Council met. Present all the members, except Mr. Cantwell.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the declaration of that House of their intention to adjourn before the appointment of a President and Privy Council, and such was their reason for pro- posing the appointment of a Council of Safety in the recess of the General Assembly.
Whereupon the Council concurred and agreed that the election of Delegates and a Council of Safety be had to-morrow, at three o'clock in the afternoon, in the State House.
On motion,
By order, the bill "to render certain bills of credit a legal tender within this State, and to prevent the counterfeiting of the same and other bills of credit,"
Was read the second time, and after some debate; the same . . was agreed to.
Ordered, That Mr. Bassett wait on the House of Assembly with the said bill and inform them of the concurrence of the Council thereto.
Adjourned till 3 o'clock.
EODEM DIE, P. M.
Council met. Present all the members, except Mr. Cantwell.
Mr. Bassett reported that he had waited on the House of As- sembly and delivered the bill given him in charge in the forenoon, with the concurrence of Council thereto, according to order.
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A member from the House of Assembly, attending at the door, was admitted and informed the Council that the House of Assembly is now ready to proceed to the election of Delegates from this State to Congress, and also a Council of Safety, agree- able to the proposition concurred in by both Houses.
The Council and Assembly, being met in the State House, proceeded to the election of Delegates from this State to the Congress of the United States of America, by joint ballot, which being taken and examined, it appeared that
George Read, Esquire, John Dickinson, Esquire, and John Evans, Esquire,
were duly elected. And the ballots being taken for persons to compose a Council of Safety during the next recess of the Gen- eral Assembly, and the same being examined, it appeared that the following persons were duly elected, to wit :
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