USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 20
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Ordered, That the foregoing resolution, with the concurrence of the Council thereto, and the said account, be returned to the House of Assembly by Mr. -.
Who, being returned, reported the delivery of the same ac- cording to order.
The Council allowed the following accounts, brought in at this sitting, for services rendered the State, viz :
To Mr. French Battell, for the expenses incurred by £ s. d. the members of the Council, as per account filed, 1018 0 0 To George Read, Esq., . . for mileage, &c., 21 17 9 Carried over, £1039 17 9
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THE DELAWARE STATE, 1778.
Brought over, .
£1039 17 9
To Thomas Collins, Esq.,
I4 3 9
To Nicholas Vandyke, Esq., ..
24 17 I
To Richard Bassett, Esq.,
13 15 9
To John Baning, Esq.,
13 1.5 9
To William Conwell, Esq.,
16 I
4
To John Clowes, Esq.,
43 5
O
To Peter Hyatt, Esq.,
18 12 0
To John Jones, Esq ..
39 I I
To Benjamin Vining, Esq., Clerk of the Council,
32 12 6
To John Smithers, Doorkeeper, 12 O O
£1268 2 0
Resolved, That an order be drawn and signed by the Speaker for the payment of the said sum of £21 : 17 : 9 to George Read, Esq., on the Trustee of the Loan Office of New Castle County, and that orders be drawn and signed by the Speaker on the respective Trustees of the Loan Offices of Kent and Sussex Counties for the payment of the remaining sums.
Whereupon the said orders were drawn and signed by the Speaker.
Then the Council adjourned to the 10th day of August next, to meet at the Town of Dover.
In a note to the above the Clerk says : "N. B .- The General Assembly did not meet again this year, notwithstanding their adjournment." From what follows it may be inferred that the allusion is to the official year, the time for convening the General Assembly being the third Monday in October.
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MINUTES OF COUNCIL.
OCTOBER, 1778.
ПРИБОР НО ЗАТОИІМ
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a meeting of the Council at the Town of Dover, in the County of Kent, on Monday, the nineteenth day of October, Anno Domini one thousand seven hundred and seventy-eight, a sufficient number of members to compose a House not attend- ing, the Council adjourned from day to day until Wednesday, the 28th day of October, 1778.
WEDNESDAY, A. M., October 28th, 1778.
The following members appeared in the Council, viz :
For New Castle County-Peter Hyatt.
For Kent County-Thomas Collins, Richard Bassett. For Sussex County-John Clowes.
The return of the Sheriff and Inspectors for the County of New Castle of the election of a Councillor to fill the seat of Nicholas Vandyke, Esq., which became vacant on the first day of October last by rotation, being laid on the table, it appears that Samuel Patterson, Esq., was elected a member of the Council for the County of New Castle, in the room of the said Nicholas Van- dyke, on the first day of this instant, October.
Mr. Patterson appeared in the Council.
The return of the Sheriff and Inspectors for the County of Kent of the election of a Councillor being laid on the table, it
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appears that John Baning, Esq., whose seat became vacant on the first day of October last by rotation, was reelected a member of the Council for the County of Kent, on the first day of this instant, October.
· Mr. Baning appeared in the Council.
The return of the Sheriff and Inspectors for the County of Sussex of the election of a Councillor being laid on the table, it appears that William Conwell, Esq., whose seat became vacant on the first day of October last by rotation, was reëlected a mem- ber of the Council for the County of Sussex, on the first day of this instant, October.
Mr. Conwell appeared in the Council.
And it also appears by the said return that the freeholders and electors of the said county did elect, choose, nominate and appoint William Polk, Esq., of said county, to represent the freemen of the county aforesaid in the Legislative Council of the Delaware State, in the room of John Jones, Esq., late a member thereof, and whose seat is vacated by reason of the said John Jones being appointed one of the Justices of the Supreme Court for said State.
Mr. Polk appeared in the Council.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and proceeded to the choice of a Speaker, and Thomas Collins, Esq., was unanimously chosen.
The Speaker in the Chair, Mr. Benjamin Vining was appointed Clerk, and Benjamin Crooks Doorkeeper and Sergeant-at-Arms to the Council.
Messrs. Patterson, Baning and Conwell, three members chosen at the last general election, took the oath and subscribed the de- claration prescribed by the twenty-second article of the Constitu-
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THE DELAWARE STATE, 1778.
tion of this State, and then took their seats in the Council. [See note on page 10.]
Benjamin Vining appeared in the Council, took the oath and subscribed the declaration prescribed by the 22d article of the Constitution of this State, and also took the oath of office as Clerk of the Council. [See note on page 11.]
Upon the question, whether William Polk, Esquire, can be admitted a legal member of the Council under the Sheriff's re- turn and the present Constitution or form of Government, there having been no writ issued by the Speaker of the Council for the election of a Councillor in the room of John Jones, Esq., whose seat became vacant by the acceptance of an office, the Council are equally divided.
On the motion of Mr. Bassett, that the yeas and nays Be en- tered on the said question upon the minutes, they are as follows, to wit :
For the affirmative-Mr. Clowes, Mr. Hyatt, Mr. Conwell.
For the negative-Mr. Bassett, Mr. Baning, Mr. Patterson. .
And thereupon the Speaker gave the casting vote in the nega- tive.
Mr. Peery, a member from the House of Assembly, attending, was admitted and delivered to the Chair a message from his Ex- cellency, the President, to the Assembly, dated Oct. 23d, 1778, and inclosing a letter from the President of Congress, dated Ioth July, 1778, with three acts of Congress, one passed the 2d day of Oct., 1778, for continuing the present embargo on provisions until the last day of January, 1779, and for other purposes there- in mentioned ; a second, an act passed the 5th Oct., 1778, for. exchanging, with Continental Currency, such local Bills of Credit as have been received in the Loan Offices of each State respec- tively ; a third, an act passed the 12th of the same instant, for encouraging true religion and good morals, and for the suppres- sion of such entertainments as have a contrary tendency ; which, by order, were read the first time, and the said message follows in these words, to wit : *
* This message and sundry other documents, hereafter mentioned, do not ap- pear in connection with the rough journal from which the proceedings of the
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MINUTES OF THE COUNCIL OF
The same member delivered to the Chair three petitions from the County of Sussex, complaining of undue influence used at the late election in that county, with a list of the witnesses who are to be summoned to prove the facts alleged in the said peti- tions, which, by order, were read the first time.
The same member also delivered to the Chair a resolution of the House of Assembly for the sale of the barracks at Wilming- ton, which, by order, was read the first time ; and a resolution of the House of Assembly empowering the President to draw for monies agreed by the General Assembly to be due to divers persons therein mentioned, which, by order, was read first time.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., October 29th, 1778.
The Council met. Present the same members as on yesterday.
On motion, by order,
The resolution of the House of Assembly empowering the Pre- sident to draw for monies agreed by the General Assembly to be due to the persons therein mentioned, was read a second time, and an amendment was proposed and agreed to.
Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence.
On motion, by order, the resolution of the House of Assembly, for the sale of the barracks at Wilmington, was read a second time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, A. M., Oct. 28, 1778.
"On motion of Captain John Lea,
Council, from Oct. 20 to Dec. 3d, 1778, inclusive, are copied. The completed journal for that period was not found when these papers were collected.
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THE DELAWARE STATE, 1778.
"That some person or persons be nominated and appointed to "dispose of and sell the barracks now at the fort on Christiana "Creek, for the use of the State, and make return thereof to the "General Assembly, it being alleged that they are now unneces- "sary for the use of said fort, and are exposed to be carried away "and destroyed ; thereupon
"Ordered, That Captain John Lea be and he is hereby em- " powered to make public sale of the said barracks, and that he "make return of his proceedings in the premises to the General " Assembly at their next meeting."
Ordered, That Mr. Clowes return to the House of Assembly the resolution for the sale of the barracks at Wilmington, con- curred in by the Council ; and also the resolution of the House of Assembly empowering the President to draw for monies agreed by the General Assembly to be due to the persons men- tioned therein, with the amendments proposed thereto by the Council.
Mr. Clowes, being returned, reported the delivery of the said papers according to order.
On motion, by order, the petitions from the County of Sussex, complaining of undue influence used at the late election in that county, were read the second time, and thereupon
Ordered, That Friday, the 30th day of this instant, be the day assigned for hearing the said petitioners, and that summons issue for the several persons whose names are returned to the Council by the Assembly as witnesses, requiring their attendance to sup- port said petitions, returnable the day aforesaid, and also that notice of the day of said hearing be given to said petitioners by the Sergeant-at-Arms.
Adjourned till 3 o'clock, P. M.
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MINUTES OF THE COUNCIL OF
EODEM DIE, P. M.
The Council met.
Ordered, That the Speaker issue summons for John Plowman, Luke Watson, Emanuel Dodd, Samuel Laverty, John Hooper, Obadiah Smith, Jeremiah Cannon, Henry King, Levin Cannon, Joshua Obeer, Robert Cannon, George Polk, John Laws, and William Watson, all of the County of Sussex, to appear before the Council on Friday, the 30th instant, then and there to testify, and declare all such matters and things as they know concerning the petitions complaining of undue influence used at the election held on the Ist day of October last at Lewes-town, in Sussex County aforesaid ; and that notice of the day of hearing be given to John Wiltbank, Thomas Evans, John Laws, and Isaac Smith, Esquires, four of the said petitioners, agreeable to the aforesaid order.
Summons were accordingly issued, returnable on Friday, the. 30th instant, and notice given to the said petitioners.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., October 30th, 1778.
The Council met. Present the same members as on yesterday.
The Sergeant-at-Arms now made his return of the said sum- mons, which, by order, was read, and thereupon, on motion,
Resolved, That the said petitioners, John Wiltbank, Thomas Evans, John Laws, and Isaac Smith, Esquires, be admitted into the Council Chamber, to hear the testimony adduced in support of the said petitions.
On motion,
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THE DELAWARE STATE, 1778.
Resolved also, That the door of the Council Chamber be opened ; and they were opened accordingly.
The Council then took into their deliberation what mode of taking the examination of the said witnesses would be the most expeditious, and, after some time spent therein, came to the fol- lowing resolution, viz :
Resolved, That, for the dispatch of business and saving of time, the testimony be delivered ore tenus.
Then the said witnesses were produced before the Council and severally examined, and, being examined, were discharged.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., Oct. 31st, 1778.
The Council met. Present the same members as on yesterday.
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The Council resumed the consideration of the petitions from the County of Sussex, complaining of undue influence used at the late election in that county, and, after hearing the petitioners and witnesses adduced to support the complaint,
Resolved, That there was no undue influence used at the said election, and that the aforesaid petitions are groundless and with- out the least foundation.
Mr. Peery, a member from the House of Assembly, attending, was admitted and delivered to the Chair two resolutions of the House of Assembly, the one a resolution for the appointment of a Committee for Public Accounts, the other a resolution for the appointment of a Committee of Claims on Forfeited Estates, &c.
On motion, by order,
The resolution of the House of Assembly for the appointment of a Committee of Claims on Forfeited Estates, &c., was read the first time.
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By special order the same was read the second time and con- curred in, and is as follows, viz : *
And thereupon
Resolved, That a committee of two be appointed on the part of the Council to join with the committee of the House of As- sembly.
And, on motion, Messrs. Patterson and Hyatt are appointed for this purpose.
On motion, by order,
The resolution for the appointment of a Committee for Public Accounts was read the first time.
By special order the same was read the second time and con- curred in, and is as follows, viz : *
And thereupon
Resolved, That a committee of two be appointed on the part of the Council to join with the committee of the House of As- sembly.
And, on motion, Messrs. Baning and Hyatt are appointed a committee for this purpose.
Dr. Hall, a member from the House of Assembly, attending, was admitted and delivered to the Chair a message from his Ex- cellency, the President, to the House of Assembly, dated October 29th, 1778, which, by order, was read and follows in these words, viz :*
The same member also delivered to the Chair a joint resolution of both Houses, in June last, empowering the President to ap- point one or more persons to go to Philadelphia in quest of the records and public papers of this State captured by the enemy in September, 1777, with the President's appointment of General Patterson for this service, and also General Patterson's account of expenses incurred in procuring the said papers, with lists of and receipts for the same from the different officers in New Castle County, to whom they were delivered, which, by order, were severally read.
* See note on page 315.
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THE DELAWARE STATE, 1778.
The same member also delivered to the Chair a joint resolution of both Houses, in June last, for procuring public records from Geo. Stevenson, Esq., with the President's appointment of Wil- liam Manlove for this service, Manlove's account of expenses in procuring the same, and Geo. Stevenson's receipt for money paid him by William Manlove for the safe keeping of the said papers, which, by order, were severally read.
The same member also delivered to the Chair a resolution of the House of Assembly for allowances to General Patterson and William Manlove for their services and expenses in procuring public papers, which, by order, was read the first time.
By special order the same was read the second time and con- curred in, and is in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., Oct. 30, 1778.
"The House of Assembly took into consideration the account "of Samuel Patterson, Esq., for cash paid by him for procuring "part of the public papers of this State and of the County of "New Castle, and for his expenses at Philadelphia during that "service, amounting to {102 : 16 : 6, and the same was allowed "by the House.
"Mr. Speaker laid before the House of Assembly an account "of William Manlove, who was appointed by the President, in "pursuance of joint resolutions of both Houses made in June "last, to demand and receive of George Stevenson, Esquire, all "public papers concerning the title of lands in this State, for "cash paid to the said Stevenson for those papers, the sum of " £50, and for his expenses in going to Lancaster and Carlisle, "in Pennsylvania, in the execution of that service, £50. The "House, taking the said account into consideration, allowed the "said sum of one hundred pounds to the aforesaid William " Manlove.
"Extract, &c.
J. B."
Mr. Waples, a member from the House of Assembly, attend- ing, was admitted and delivered to the Chair a commission of Alex. Stewart as 2d Lieutenant of the Delaware Regiment, with his resignation of the same endorsed thereon, and his petition to
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MINUTES OF THE COUNCIL OF
the General Assembly, praying to be reimbursed his expenses necessarily incurred while he was a prisoner on Long Island.
: The same member also delivered to the Chair the report of the committee of the House of Assembly, to whom the said petition was referred.
On motion, by order,
The commission of Alex. Stewart and his resignation thereof, together with his petition and the report of the committee to whom the said petition was referred, were read the first time.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Ordered, That Mr. Conwell return to the House of Assembly the resolution for the appointment of Committees for Public Ac- counts, and also the resolution for the appointment of Committees of Claims on Forfeited Estates, with the appointment and concur- rence of the Council thereto.
Mr. Conwell, being returned, reported the delivery of the same according to order.
Ordered, That Mr. Baning return to the House of Assembly the President's message and the joint resolutions for procuring the public records, together with the appointments by virtue of these resolutions ; General Patterson's account and the list of the papers and receipts of the officers for the same ; and also the resolution for the allowances to General Patterson and William Manlove, concurred in by the Council.
Mr. Baning, being returned, reported the delivery of the said papers according to order. , i
The commission of Alex. Stewart, and his resignation indorsed thereon, were, by order, read the second time, likewise the peti-
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THE DELAWARE STATE, 1778.
tion of the said Alex. Stewart, and the report of the committee of the House of Assembly, to whom the said petition was re- ferred, were, by order, read a second time, and the report con- curred in by the Council, and follows in these words, to wit :
"The committee to whom was referred the petition of Alex- "ander Stewart, setting forth that he had been captivated by "the enemy at the battle of Long Island on the 27th day of "August, 1776, and that he had been detained as a prisoner of "war until exchanged, during which time he had been under " the necessity of expending considerable sums of money for his. "subsistence, as no provision had at that time been made for: " American prisoners, and for part of which he is still indebted, "beg leave to report-That they examined the said Alexander "Stewart respecting the monies by him expended for subsis- "tence during the time of his captivity, and are of opinion that' "he ought to be allowed the sum of {130 to reimburse him for " necessary expenses while he was detained a prisoner."
Ordered, That Mr. Hyatt return to the House of Assembly the commission and petition of Alexander Stewart, with the re- port of the committee of the House of Assembly, concurred in by the Council.
Adjourned till Monday morning, 10 o'clock.
MONDAY, A. M., November 2d, 1778.
The Council met and adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met. Present the same members as on Saturday, except Mr. Bassett.
Mr. Craghead, a member from the House of Assembly, attend- ing at the door, was admitted and delivered to the Chair a bill entitled "An act to continue an act entitled 'An act to prevent the exportation of provisions from this State beyond the seas.'"
The same member also delivered to the Chair a resolution of the House of Assembly empowering the President to draw for six thousand dollars, &c.
Mr. Speaker laid on the table a petition, signed by sundry in- habitants of this State, praying the aid of the Legislature in es- tablishing and increasing the wages of waggoners, which, by or- der, was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
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TUESDAY, A. M., Nov. 3d, 1778.
The Council met. Present the same members as on yesterday.
The resolution of the House of Assembly empowering the Pre- sident to draw for six thousand dollars, &c., was, by order, read and concurred in, and is as follows, viz : *
The Council being informed that, by the non-attendance of some and the going away of others of the members of the House of As- sembly, a sufficient number were not in town to form a House, and no prospect of their attendance until convened by special order of the President, thereupon
* See note on page 315.
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Resolved to adjourn until the first Monday in January next.
Resolved also, That it be recommended to the President that' he call the General Assembly on the first Monday in January next, if the exigency of affairs may not make it necessary to con- vene the General Assembly sooner.
Ordered, That a copy of the above resolution be delivered by the Clerk to the President.
Then the Council adjourned till the first Monday in January next.
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MINUTES OF COUNCIL.
NOVEMBER, 1778.
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
CALLED SESSION, NOVEMBER, 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 Mon- day, the twenty-third day of November, Anno Domini 1778, a quorum of the members not attending, the Council adjourned from day to day until Wednesday, the 2d day of December, 1778.
WEDNESDAY, P. M., December 2d, 1778.
The Council met. Present the following members, viz :
For New Castle County-George Read, Samuel Patterson.
For Kent County-Thomas Collins, Richard Bassett, John Baning.
For Sussex County-John Clowes.
On motion
Resolved, That a committee of three be appointed to wait on his Excellency, the President, to inform him that a sufficient number of the members of the Council have met to make a House and request that his Excellency would be pleased to order the writs by him issued for the calling of the General Assembly
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of the State, with their returns, to be laid before the Council for their inspection.
Messrs. Patterson, Bassett, and Clowes are appointed for this purpose. The gentlemen, being returned, reported that they had waited on his Excellency, the President, and delivered the said message according to order.
Mr. Patterson, one of the committee appointed as aforesaid, delivered to the Chair a message from his Excellency, the Presi- dent, to the Legislative Council, which, by order, was read, and follows in these words, viz :
"Gentlemen of the Legislative Council :
"I received your committee this morning, and am pleased to "hear by them you are met in Council.
"Agreeable to your request, I have sent you herewith the writs "by which you were called together, and must beg leave to refer "you to my messages of the twenty-seventh and twenty-eighth "of November, directed to the General Assembly and delivered "to the House of Assembly, for the business of your meeting.
"CÆSAR RODNEY.
"Dover, December the 2d, 1778."
And the same member also delivered to the Chair the writs issued by his Excellency, the President, for the calling of the General Assembly of the State, with their returns, which, by order, were severally read.
Mr. Read, in his place, made his excuse for non-attendance at the sitting of the Council in June and October last, which was admitted ; and also informed the Chair that Mr. Hyatt, on ac- count of the indisposition of his family, could not attend at the beginning of this sitting, whereupon he was excused.
On motion,
Ordered, That the Speaker issue a writ to the Sheriff of Sussex County, directing him to hold an election in that county, agree- able to the Constitution and Laws of this State, for the choosing of one new member of the Council for the said county in the room of John Jones, whose seat became vacant by his acceptance
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of the office of one of the Judges of the Supreme Court of this State.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, A. M., December 3d, 1778.
The Council met. Present the same members as on yesterday. Adjourned till 3 o'clock, P. M.
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