USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 22
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On motion of Mr. Polk,
Ordered, That the rules to be observed by the members of Council during the sitting thereof be read ; which was done ac- - cordingly.
Mr. Clowes, in his place, made his excuse for his non-attend- ance on Monday last, which was admitted.
The committee to whom were referred the bill to prevent and punish frauds and abuses in the Quartermaster's and Commis -. sary's Departments, and the petition from the owners of waggons for an increase of wages, now delivered their report at the table, which, by order, was read the first time.
On motion, by order,
The bill, by way of supplement to the act entitled "An act to enable the owners and possessors of the meadow, marsh and cripple on the south side of Christiana Creek, called Fern Hook Marsh, and of the marsh and meadow on the south side of the same creek, called Bosman's Creek Marsh, in the County of New Castle, to keep the banks, &c., in repair and raise a fund to de- fray the expenses thereof," was read the second time and passed the Council.
Mr. Speaker laid on the table a petition from Isaac Carty and Edward Rees against the bill for preventing the distilling of spirits from any kind of grain.
On motion, by order, the said petition was read the first time. Adjourned till to-morrow morning, 10 o'clock.
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348
MINUTES OF THE COUNCIL OF
THURSDAY, December 17, 1778.
The Council met and adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., December 18, 1778.
The Council met. Present all the members.
On motion, by order,
. The report of the committee to whom were referred the bill to prevent and punish frauds and abuses in the Quartermaster's and . Commissary's Departments, and the petition from the owners of waggons for an increase of wages, was read the second time.
The same was read a third time by paragraphs and agreed to by the Council.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, December 19th, 1778.
The Council met and adjourned till to-morrow morning, 10 o'clock.
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THE DELAWARE STATE, 1778. 349
SUNDAY, December 20th, 1778.
The Council met. Present all the members.
The Council being informed that, by the non-attendance of some and the going away of others of the members of the House of Assembly, 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
Resolved, That the Council adjourn till the fifth day of January next.
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Resolved also, That it be recommended to the President that he issue his writs of summons for the calling together of the members of the House of Assembly on the said fifth day of Jan- uary for the dispatch of public business.
Ordered, That the Clerk of this House deliver a copy of the above resolution to the President.
Then the Council took into consideration the accounts brought in for expenses of their members and officers during their attend- ance at the last and present meeting, and the traveling charges of the members to and from the place of meeting, and the follow- ing accounts were allowed, viz :
To French Battell, his accounts for the expenses of the members of Council and their Clerk at his house, for the months of October, November, and to the 20th day of December, 1778, inclu- sive, £ 594 10 0
To Samuel Patterson, Esq., for traveling charges, 12 00
To Peter Hyatt, Esq., 2 17 6
To John Clowes, Esq., 9 10 0
To William Polk, Esq., 2 00
To William Conwell, Esq., 4 10 0
To George Read, Esq.,
Carried over, £ 631 7 6
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MINUTES OF THE COUNCIL-1778.
To Benjamin Vining, for his services as Clerk of the
Brought over,. . £ 631 7 6 Council, . 20 7 6
To John Dawson, for riding express, &c., I 10 0
To Edward Cole, for ditto, 1 10 0
To Thomas Wild, Doorkeeper and Sergeant-at-Arms, 11 10 O
Total,
£ 666 5 0
Ordered, That the Speaker draw orders on the Trustees of the Loan Offices of the respective Counties, in equal propor- tions, for the said sum of {631 : 7 : 6, in favor of Mr. French Battell ; and that he draw orders for the remaining sum of £ 34 : 17:6, in favor of the several persons above-mentioned, on the Trustees of the Loan Office for Kent County. -
Whereupon the said orders were drawn and signed by the Speaker.
Then the Council adjourned till the fifth day of January next.
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LAN CTT TIM
MINUTES OF COUNCIL.
JANUARY, 1779.
-
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, JANUARY, 1779.
At a meeting of the Council at the Town of Dover, in the County of Kent, by adjournment, on Tuesday, the fifth day of January, Anno Domini, 1779, a quorum of members not attend- ing, the Council adjourned from day to day until Tuesday, the 12th instant.
TUESDAY, January 12th, 1779.
The Council met. Present the following members, viz :
For New Castle County-Samuel Patterson.
For Kent County-The Hon. Thomas Collins, John Baning. For Sussex County-John Clowes, William Polk.
Dr. Hall, a member of Assembly, was admitted and delivered to the Chair a letter from the Governor of Maryland, of the 16th ultimo, accompanied with an act to prevent distilling grain into spirits, which, by order, was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
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354
MINUTES OF THE COUNCIL OF
WEDNESDAY, A. M., January 13th, 1779.
The Council met. Present the same members as on yesterday, and also Messrs. Bassett, Hyatt and Conwell.
On motion,
Ordered, That Mr. Conwell deliver to the House of Assembly the bill to prevent and punish frauds and abuses in the Quarter- master's and Commissary's Departments, with the amendments proposed and agreed to by the Council, for their concurrence ; and that he return to that House the petition from the owners and possessors of Fern Hook and Bosman's Creek Marsh, with the original act and the bill by way of supplement to the same act, agreed to by the Council.
Mr. Conwell reported the delivery of the above papers accord- ing to order.
On motion, by order,
The bill to appoint commissioners to hear and determine the claims of the officers of the Whig Battalion, &c., was read the second time and postponed for consideration until the afternoon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and took into consideration the foregoing bill and proposed and agreed to sundry amendments thereto.
Ordered, That the same be transcribed and sent therewith to the House of Assembly for their concurrence, by Mr. Polk.
Who, being returned, reported the delivery thereof according to order.
Adjourned till to-morrow morning, 10 o'clock.
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THE DELAWARE STATE, 1779.
THURSDAY, A. M., January 14th, 1779.
The Council met. Present the same members as on yesterday.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly for the appointment of a committee to state an account of expenditures by this State for the Continent, &c., and also a resolution of that House for the appointment of committees for settling the Loan Office accounts, and the following notification, viz :
" IN THE HOUSE OF ASSEMBLY, + " WEDNESDAY, P. M., January 13, 1779.
"Ordered, That Mr. Waples wait on the Council and inform "them that this House will meet the Council, at such time and "place as they may appoint, in order to put in nomination per- " sons to be balloted for as Delegates from this State to the Con- "gress of the United States for the ensuing year, and also for a "Chief Justice of the Court of Common Pleas and Orphans" "Court for the County of Kent, in the room of Thomas Rodney,
"Esq., who hath declined to accept his appointment thereto.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order, the foregoing resolutions, respecting the appointment of committees, were severally read the first time.
On motion, by order,
The resolution of the House of Assembly for the appointment of a Clothier-General was read the second time and rejected.
On motion, by order, the following verbal message from the Council, in answer to the verbal message or notification of the House of Assembly respecting the proceeding to put in nomina- tion persons to be balloted for as Delegates to Congress, &c., of yesterday, was drawn up at the table and agreed to be sent to the House of Assembly, viz :
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MINUTES OF THE COUNCIL OF
Gentlemen :
The Council received your verbal message of yesterday signify- ing your inclination of meeting the Council, at such time and place as they should appoint, in order to put in nomination persons to be balloted for as Delegates from this State to the Congress of the United States of America for the ensuing year, and also for Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, in the room of Thomas Rodney, Esq., who hath declined to accept of his appointment thereto, and are extremely willing to meet the honorable House of Assembly for the above purpose, and also to put in nomination a person to be balloted for as Clothier-General for this State, at four o'clock this afternoon in the Assembly Room, if agreeable to your honorable House.
Dover, January 14,. 1779.
Ordered, That the same be sent to the House of Assembly, with the resolution for the appointment of a Clothier-General, by Mr. Bassett.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Bassett now reported the delivery of the papers committed to him according to order.
Mr. Cook, a member of Assembly, was admitted and delivered to the Chair the bill to prevent and punish frauds and abuses in the Quartermaster's and Commissary's Departments, &c., and the amendments proposed thereto by the Council acceded to by the House of Assembly, except as to their 7th, 8th and 10th amendments, together with a paper of amendments proposed by the House of Assembly to the said amendments of the Council, which, by order, were read the first time.
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THE DELAWARE STATE, 1779.
Mr. Derrickson, a member of Assembly, was admitted and de- livered to the Chair the following verbal message from the House of Assembly to the Council, viz :
" Gentlemen :
"The House of Assembly are now ready to receive the Coun- "cil, in the Assembly Room, to put in nomination persons to be "balloted for as Delegates from this State to Congress and for "Chief Justice of the Court of Common Pleas and Orphans' "Court for the County of Kent. Dover, January 14, 1779."
And thereupon
Resolved, That a verbal message from the Council, in answer to the foregoing verbal message, be drawn up, which was accord- ingly done, and is in these words, viz :
Gentlemen :
The Council, previous to their attending you, agreeable to your verbal message just now delivered by Mr. Derrickson, beg leave to suggest to your honorable House that an additional proposal, in their message of this forenoon in answer to yours of yesterday, to wit : that of putting in nomination persons qualified for the office of Clothier-General for this State, appears to be rejected. The Council therefore are desirous to know, before they attend your honorable House, the reason inducing your House to reject said proposal.
Ordered, That the same be transcribed and sent to the House of Assembly by Mr. Clowes,
Who, being returned, reported the delivery according to order.
On motion, by order,
The bill to prevent the distilling of whiskey or other spirits from grain, &c., was read the second time and deferred for con- sideration.
Adjourned till to-morrow morning, 10 o'clock.
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358
MINUTES OF THE COUNCIL OF
FRIDAY, A. M., January 15th, 1779.
The Council met. Present the same members as on yesterday and also Mr. Read.
Mr. Peery, a member of Assembly, was admitted and delivered to the Chair the following verbal message from the House of As- sembly to the Council, viz :
"Gentlemen :
"The House of Assembly are at a loss to know the reason "which induced the Council to conclude they had rejected the "proposition of your honorable House for putting in nomina- "tion, this afternoon, persons to be balloted for as Clothier "General, no such thing being contained in the verbal message "of the Assembly. As the Council gave no reason for reject- "ing the mode of appointing a Clothier-General adopted by the "Assembly, this House apprehended the Council would not so "suddenly request the reasons why this House disagreed to the "aforesaid proposition of the Council. The Assembly did not "reject the same proposition, but, for want of sufficient time for "consideration of that business, had come to no determination "thereon, which induced this House to take no notice of that "part of the Council's message. But this House, still anxious "to forward the public business, are ready to receive the Council " to put in nomination persons to be balloted for as Delegates in "Congress, and as Chief Justice of the Court of Common Pleas "and Orphans' Court for the County of Kent.
" Dover, January 14, 1779."
Mr. Read, in his place, made his excuse for non-attendance at an earlier day, which was admitted.
On motion,
Resolved, That a message from the Council, in answer to the foregoing message from the House of Assembly, be drawn up, which was accordingly done, read and-agreed to, and follows in these words, viz :
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THE DELAWARE STATE, 1779.
Gentlemen :
Your House not taking any notice, in their verbal message of yesterday, delivered by Mr. Derrickson, of the proposition made by the Council in their preceding message, delivered by Mr. Bassett, to put in nomination a person to be balloted for as Clothier-General for this State, at the time proposed for nominat- ing persons to be balloted for as Delegates to Congress and a Chief Justice of the Common Pleas and Orphans' Courts of Kent County, induced the Council to suppose their proposition re- jected, otherwise they apprehend the House of Assembly would have gladly embraced the opportunity of doing that at one meet- ing of the two Houses which will require another meeting, and, of course, a delay of time perhaps unnecessarily.
The Council were induced to dissent to your resolve for the appointment of the Clothier-General, for that it is an office of trust, and may be of profit, or at least some salary must be al- lowed for the service to be performed by him, and as such he ought to be chosen in the manner that all other officers of the State, under like circumstances, heretofore have been, as appears by the joint resolutions of the two Houses on their respective minutes. However the Council are not so tenacious as to the time when this nomination of persons for a Clothier-General shall be, for if the House of Assembly wish to have it postponed, and the other nominations to be now made, the Council will meet them forthwith for the purpose.
Ordered, That the same be transcribed and sent to the House of Assembly by Mr. Baning.
Mr. Davis, a member of Assembly, was admitted and deliv- ered the Chair a resolution of the House of Assembly empower- ing the Speakers of both Houses to draw for seven hundred and fifty pounds, and interest, in favor of Vincent Loockerman.
On motion, by order, the foregoing resolution was read the first time.
By special order the same was read the second time, concurred in, and is in these words, viz :
" IN THE HOUSE OF ASSEMBLY,
"FRIDAY, A. M., January 15th, 1779.
"Mr. Speaker laid before the House a certificate to Vincent
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MINUTES OF THE COUNCIL OF
"Loockerman of the loan of seven hundred and fifty pounds to "this State, given by the Honorable George Read, Esq., late " Vice-President thereof, on the sixteenth day of December, one "thousand seven hundred and seventy-seven, in pursuance of "joint resolutions of the General Assembly, and the said Vincent "Loockerman requesting the payment of the same, with the in- "terest thereof,
"Resolved, That the Speakers of the Council and House of "Assembly draw an order on the State Treasurer in favor of the "said Vincent Loockerman for the said sum of seven hundred "and fifty pounds, with the interest for the same, at the rate of "six per cent. per annum, from the said sixteenth day of De- "cember, one thousand seven hundred and seventy-seven."
Ordered, That Mr. Baning return the same to the House of Assembly, with the concurrence of the Council thereto.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Baning now reported the delivery of the several papers committed to him according to order.
Mr. Bryan, a member of Assembly, was admitted and deliv- ered the following message from the House of Assembly to the Council, viz :
"Gentlemen :
" The reasons assigned by your honorable House for rejecting "the appointment of a Clothier-General for this State, made by "the Assembly, are satisfactory. As this House had no other "object in view by that appointment than the public service, " therefore readily agree to receive your House in the Assembly "Room forthwith, to put in nomination persons to be balloted
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THE DELAWARE STATE, 1779.
"for as Delegates to Congress, a Chief Justice of the Common " Pleas and Orphans' Courts of Kent County, and a Clothier- " General for this State."
The Council, agreeable to the order of the day, proceeded to the Assembly Room, and there met the House of Assembly, to put in nomination persons to be balloted for as Delegates to Con- gress, a Chief Justice of the Common Pleas and Orphans' Courts of Kent County, and a Clothier-General for this State.
On motion,
Ordered, That Mr. Patterson, Mr. Ridgely, and Mr. Kollock be a committee to wait on his Excellency, the President, and inform him that the General Assembly are now met in the As- sembly Room to put in nomination persons to be balloted for as Chief Justice of the Common Pleas and Orphans' Courts of Kent County, and to know whether his Excellency would wish to attend that nomination.
The committee, being returned, reported that they had waited on the President with the message committed to them, agreeable to order, and that he declined attending the nomination, but . would be present at the balloting.
Then the General Assembly proceeded to put in nomination divers persons, whose names were taken down for the considera- tion of the members of both Houses.
On motion, agreed that the General Assembly now separate, and meet at three o'clock on Monday afternoon, in the Council Room, to ballot for Delegates to Congress, a Chief Justice of the Common Pleas and Orphans' Courts of Kent County, and a Clothier-General for the State, out of the persons now put in nomination for the said offices. Then the Council withdrew.
Mr. Clowes applied for leave of absence till three o'clock on Monday afternoon next, which was granted.
Adjourned till to-morrow morning, 10 o'clock.
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362
MINUTES OF THE COUNCIL OF
SATURDAY, January 16th, 1779.
The Council met. Present the same members as on yesterday, except Mr. Clowes.
Adjourned till Monday morning, 10 o'clock.
MONDAY, P. M., January 18th, 1779. ,
The Council met. Present the same members as on yesterday, and also Mr. Clowes.
On motion,
Ordered, That Mr. Clowes and Mr. Hyatt be a committee to wait on the House of Assembly and acquaint them that the Coun-' cil are now sitting and are ready to receive them, in the Council Chamber, to ballot for Delegates to Congress, a Chief Justice of the Common Pleas and Orphans' Courts of Kent County, and a Clothier-General for the State.
The committee, being returned, reported that they had deliv- ered the above message according to order, and that the House of Assembly said they would attend the Council immediately.
The Council and Assembly being met in the Council Room, to ballot for Delegates to Congress, a Chief Justice of the Common Pleas and Orphans' Courts of Kent County, and a Clothier- General for the State, according to the order of Friday last, proceeded to the ballot for Delegates to Congress, which being taken down, it appeared that John Dickinson, Nicholas Van- dyke, and Thomas Mckean, Esquires, had a majority of votes, and are declared duly elected Delegates from this State to Con- gress for the ensuing year.
On motion,
Ordered, That Mr. Clowes, Mr. Bryan, and Doctor Clayton
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THE DELAWARE STATE, 1779.
be a committee to wait on his Excellency, the President, and to inform him that the General Assembly are now met in the Council Room to ballot for a Chief Justice of the Common Pleas and Or- phans' Courts of Kent County, and request his attendance, if he thinks proper.
The gentlemen reported the delivery of the above message ac- cording to order, when his Excellency was pleased, in answer, to say that he would wait on the General Assembly immediately.
The President attended, and proceeded with the General As- sembly to ballot for a Chief Justice of the Common Pleas and Orphans' Courts of Kent County, and the box containing the ballots being examined, it appeared that John Clark, Esquire, was declared duly elected Chief Justice of the Common Pleas and Orphans' Courts of Kent County. Then the President with- drew.
The General Assembly then proceeded to ballot for a Clothier General for the State, and the ballot being taken down, it ap- peared that George Craghead, Esq'r, was declared duly elected Clothier-General for this State.
On motion,
Resolved, That the Speakers of the two Houses inform John Clark, Esquire, of his appointment to the office of Chief Justice of the Common Pleas and Orphans' Courts of Kent County, and request his answer forthwith whether he will accept of the said appointment.
On motion, agreed that the General Assembly now separate. Then the House of Assembly withdrew, and the Council adjourn- ed till to-morrow morning, 10 o'clock.
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364
MINUTES OF THE COUNCIL OF
TUESDAY, A. M., January 19th, 1779.
The Council met. Present the same members as on yesterday.
Mr. Speaker laid on the table a petition from sundry civil officers of this State, praying an increase of the fees annexed to their respective offices, which, by order, was read, and ordered to be referred to the House of Assembly for their consideration.
On motion, by order,
The Council took into consideration the amendments proposed by the House of Assembly to their amendments to the bill to prevent frauds and abuses in the Quartermaster's and Commis- sary's Departments, and acceded generally thereto.
On motion, by order,
The resolutions of the House of Assembly for the appointment of committees for settling the Loan Office accounts were read the. second time and concurred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., January 13, 1779.
"WHEREAS the committees appointed by the late General "Assembly to settle and adjust the accounts of the General "Loan Offices for the Counties of New Castle and Kent, have "not proceeded in that business ; therefore
"Resolved, That a committee of three persons in each of the "said counties be appointed to settle and adjust the accounts of "the said offices in the counties aforesaid respectively, who are "hereby directed to settle and adjust the said accounts from the "time of the settlement made by Messrs. McKinly, Read, Kil- "len, Haslet, and Robinson, a committee of Assembly for that "purpose, and make report thereof to the General Assembly of "this State at their next meeting.
"The members chosen, on the part of this House, for New "Castle County, are Messrs. Alexander Porter and Nicholas
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THE DELAWARE STATE, 1779.
"Vandyke ; for Kent County, Messrs. William Killen and John " Pryor.
Also resolved, That Simon Kollock and Joseph Hall, Esquires, "be a committee for the County of Sussex to settle and adjust "the accounts of the General Loan Office for the said county for " the ensuing year.
"Resolved, That the committees respectively be directed to "report the sums of money in specie and paper which are in the "said offices."
And thereupon the Council, on their part, have nominated the following persons to join the said committees of the House of Assembly, to wit : For New Castle County, John Thompson, Esquire ; for Kent County, Eleazar M. Comb, Gentleman ; and for Sussex County, John Clowes, Esquire.
The Council now took into consideration the bill to prevent the distilling of whiskey from any kind of grain, &c., and some amendments were proposed, agreed to, and ordered to be trans- scribed and sent to the House of Assembly for their consideration and concurrence, together with the said bill.
Adjourned till to-morrow morning, 10 o'clock.
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WEDNESDAY, A. M., January 20th, 1779.
The Council met. Present all the members.
On motion, by order,
The resolutions of the House of Assembly for the appointment of a committee to state an account of expenditures by this State for the Continent, &c., were read the second time, and an amend- ment was proposed by way of addition to the first resolution.
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