USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 23
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Ordered, That the same be transcribed and sent therewith to the House of Assembly for their concurrence by Mr. Patterson, who is also appointed to return to that House the bill to prevent the distilling of whiskey, &c., with amendments proposed thereto
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by the Council ; the petition of Isaac Carty and Edward Rees against the same bill ; the letter from the Governor of Maryland, inclosing a bill against distilling whiskey, and a letter from a committee of Congress ; and also the bill to prevent and punish frauds and abuses in the Quartermaster's and Commissary's De- partments, with the amendments proposed by that House to the Council's amendments to the same bill, acceded to by the Coun- cil ; and the petition for an increase of the wages of waggoners ; and also the resolutions of the House of Assembly for the ap- pointment of committees for settling the Loan Office accounts, with the concurrence and appointment of the Council thereto ; and, lastly, the petition from sundry civil officers for an increase of their fees.
Mr. Patterson, being returned, reported the delivery of the several foregoing papers according to order.
On motion,
The Council took into consideration the resolutions of the House of Assembly to make provision for the officers of the Delaware Regiment, and after some time spent therein the same was postponed till the afternoon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Doctor Hall, a member of Assembly, was admitted and deliv- ered to the Chair the resolutions of that House for the appoint- ment of a committee to state an account of expenditures by this State for the Continent, &c., with the amendments proposed thereto by the Council acceded to by the House of Assembly ; whereupon the said resolutions, as amended and agreed to, were read, concurred in, and are as follows, viz :
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"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., January 13th, 1779.
"WHEREAS the committee of the General Assembly hereto- "fore appointed for stating an account of expenditures by this "State for and in behalf of the United States, &c., have not "entered upon the duty assigned them ; therefore
"Resolved, That Messrs. Robert Bryan, John Cook, and Wil- "liam Peery be a committee to settle an account of the monies "advanced by this State, or upon the credit thereof, for recruit- "ing the Delaware Regiment in the three last campaigns, and of "the expenditures of the same, and to state an account of expen- "ditures by this State for and in behalf of the United States, and "also to state an account of all monies, provisions, and other "necessaries which have been supplied by and on behalf of this
"State to prisoners taken by the United States, or this State, "since the beginning of the war, and of which accounts have "not been already transmitted to Congress, agreeable to a reso- "lution of Congress of the 26th of February last ; and that the "said committee be empowered to send for persons, papers and "things, and make report of their proceedings to the General "Assembly at their next sitting.
"Resolved, That the reasonable expenses to be incurred by the "said committee in the execution of the business hereby assigned "them be defrayed by this State, and that an adequate allowance "be also made for their time and trouble in that service."
Ordered, That Mr. Conwell return the same to the House of Assembly concurred in by the Council.
Who reported the delivery thereof according to order.
The Council now resumed the consideration of the resolutions of the House Assembly to make provision for the officers of the Delaware Regiment, and proposed and agreed to sundry amend- ments to the same, which were ordered to be transcribed and sent therewith to the House of Assembly for their concurrence by Mr. Polk, together with the petition from the officers of the Delaware Regiment.
Adjourned till to-morrow morning, 10 o'clock.
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THURSDAY, A. M., January 21st, 1779.
The Council met. Present the same members as on yesterday.
Mr. Polk now reported the delivery of the several papers given him in charge, according to the order of yesterday.
Mr. Craghead, a member of Assembly, was admitted and de- livered to the Chair the resolutions to make provision for the officers of the Delaware Regiment, with the amendments pro- posed thereto by the Council acceded to by the House of Assem- bly and made therein; whereupon the said resolutions were read, concurred in, and ordered to be signed by the Speaker. They are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, " MONDAY, P. M., December 7, 1778.
"WHEREAS the unexpected and exorbitant prices which every "article of clothing hath arisen to, render the pay of the officers, "of the Delaware Regiment in the service of the United States "insufficient to support their rank; therefore, for their further " provision,
"Resolved, That the Clothier-General of this State forthwith "provide and deliver to each field officer, captain, lieutenant, "and ensign, the surgeon and surgeon's mate, in the said regi- "ment, one suit of clothes, to consist of a coat, waistcoat, and "a pair of breeches, or, in lieu thereof, eighty pounds, at the "election of such officer, in consideration of his past services.
"Resolved, That the said Clothier-General do purchase and "provide for every of the said officers the following clothing, to "wit: One coat, two waistcoats, two pairs of breeches, four shirts, "four pair of stockings, and three pairs of shoes, for the ensuing "year, at any Continental or State store, or elsewhere, to be "disposed of to said officers, on application, they paying for "said clothing, as near as can be computed, the prices the same " would have cost at the time the said officers' pay was stipulated; "the balance on all such clothing to be charged to this State, and "the General Assembly will provide for the payment thereof.
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"Resolved, That the Speakers of the Council and House of "Assembly do forthwith draw on the State Treasurer for the "sum of two thousand five hundred pounds in favor of the "Clothier-General, to enable him to comply with the first re- "solve."
On motion, by order,
The certificates of Jonathan Robinson and Nicholas Way, of their loans to this State, and the resolution of the House of As- sembly empowering the Speakers of the two Houses to draw on the State Treasurer for the monies due thereon, were severally read the second time and deferred for consideration till the after- noon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met, and took into consideration the resolution empowering the Speakers of the two Houses to draw on the State Treasurer for the monies due on the certificates of Jonathan Robinson and Nicholas Way, and several amendments were pro- posed and agreed to, and ordered to be transcribed.
Ordered, That Mr. Conwell return to the House of Assembly the foregoing certificates and resolution, with the transcribed amendments, for their concurrence ; and also the resolutions to make provision for the officers of the Delaware Regiment, con- curred in by the Council.
Mr. Conwell, being returned, reported the delivery of the above papers according to order.
The committee to whom were referred the Articles of Confed- eration and Perpetual Union, &c., now delivered in their report at the table.
On motion, by order, the foregoing report was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
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FRIDAY, A. M., January 22d, 1779.
The Council met. Present the same members as on yesterday.
Mr. Davis, a member of Assembly, was admitted and delivered to the Chair the resolution empowering the Speakers of the two Houses to draw for the monies due to Jonathan Robinson on certificates, with the amendments proposed thereto by the Coun- cil generally disagreed to by the House of Assembly.
Whereupon the Council, taking into consideration their said amendments, receded therefrom and concurred in the resolution, which is in these words, viz :
" IN THE HOUSE OF ASSEMBLY, "THURSDAY, P. M., December 3, 1778.
" On motion,
"Resolved, That the sum of three hundred pounds, received by "the Convention of this State from Mr. Jonathan Robinson the .. "twenty-first day of September, one thousand seven hundred "and seventy-six, and the sum of one hundred pounds, received "from Mr. Nicholas Way the same day, the certificate whereof "is assigned to the said Robinson, together with the legal interest " of six per cent. per annum, be paid to the said Jonathan Rob- "inson, and that the Speakers of the Council and House of As- "sembly be empowered to draw an order on the State Treasurer "in favor of the said Jonathan Robinson for that purpose."
Ordered, That Mr. Baning return to the House of Assembly the above-mentioned certificates and resolution, with the concur- rence of the Council thereto.
Mr. Baning reported that he had returned the same to the House of Assembly according to order.
The report of the committee to whom were referred the Arti- cles of Confederation and Perpetual Union, &c., was, by order, read the second time and postponed for consideration till the afternoon.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met and took into consideration the preceding re- port of their committee, and after some time was spent therein the further consideration was deferred till to-morrow.
Mr. Stout, a member of Assembly, was admitted and delivered to the Chair a bill for suppressing vice and immorality, which, by order, was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., January 23d, 1779.
The Council met. Present all the members.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The Council having resumed the consideration of the com- mittee's report on the Articles of Confederation and Perpetual Union, &c., came to the following resolutions thereon :
Resolved, That this State think it necessary, for the peace and safety of the States to be included in the Union, that a moderate extent of limits should be assigned for such of those States as claim to the Mississippi or South Sea, and that the United States, in Congress assembled, should and ought to have the power of fixing their western limits.
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Resolved also, That this State consider themselves justly enti- tled to a right, in common with the other members of the Union, to that extensive tract of country which lies to the westward of the frontiers of the United States, the property of which was not vested in or granted to individuals at the commencement of the present war ; that the same hath been or may hereafter be gained from the King of Great Britain or the native Indians by the blood and treasure of all, and ought therefore to be a common estate, to be granted out on terms beneficial to the United States.
Resolved also, That the courts of law established within this State are competent for the purpose of determining all contro- versies concerning the private right of soil claimed within the same, and that they now, and at all times hereafter, ought to have cognizance of all such controversies ; that the indeterminate provision, proposed in the 9th Article of the Confederation, for deciding upon controversies that may arise about some of those private rights of soil, tends to take away such cognizance, and is contrary to the Declaration of Rights of this State, and there- fore ought to receive an alteration.
The Council then, taking into consideration the strong and earnest recommendations of Congress forthwith to accede to the present plan of Confederacy, and the probable disadvantages that may attend the further delaying a ratification thereof,
Resolved, That, notwithstanding the terms of the Articles of Confederation aforesaid are considered as in divers respects un- equal and disadvantageous to this State, and the objections in the report of the committee of this House and the resolves made thereon are viewed as just and reasonable and of great moment to the welfare and happiness of the good people thereof, yet, under the full conviction of the present necessity of acceding to the Confederacy proposed, and in firm reliance that the candor and justice of the several States will in due time remove, as far as possible, the objectionable parts thereof, the Delegates ap- pointed to represent this State in Congress, or any one or more of them, be authorized, empowered and directed, on behalf of this State, to subscribe and ratify the said Articles of Confed- eration and Perpetual Union between the several States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina,
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and Georgia, and that the said articles, when so subscribed and ratified, shall become obligatory on this State.
And, on motion, leave was given to bring in a bill to empower the Delegates of this State to ratify the said articles. A bill for this purpose being laid on the table, was, by order, read the first time.
By special order, the same was read the second time and passed.
Ordered, That Mr. Baning wait on the House of Assembly with the copy of the Articles of Confederation and the report of the committee thereon, the preceding resolutions and bill founded thereon.
Mr. Speaker now informed the Council that he had received the answer of John Clark, Esquire, to the notification diretted to him by the Speakers of the two Houses, in which he signified his willingness to accept of his appointment to the office of Chief Justice of the Common Pleas and Orphans' Courts of Kent County.
Adjourned till Monday morning, 10 o'clock.
MONDAY, January 25th, 1779.
The Council met. Present all the members.
Mr. Baning now reported the delivery of the several papers given him in charge, according to the order of Saturday.
Doctor Hall, a member of Assembly, was admitted and deliv- ered to the Chair a bill for raising one hundred and seventy thousand dollars, in the Delaware State, for the service of the year one thousand seven hundred and seventy-nine, by a general tax.
The same member also delivered a supplementary bill to the act of pardon.
The same member also delivered a supplement to an act enti-
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tled "An act to prohibit the exportation of provisions from this State beyond the seas for a limited time," and also a bill for the relief of wounded officers, soldiers, &c.
On motion, by order, the foregoing bills were severally read the first time.
Mr. Craghead, a member of Assembly, was admitted and pre- sented to the Chair a message from the President to the General Assembly, inclosing a letter from his Excellency, General Wash- ington, of the 19th inst .; another, of the same date, from Messrs. Governieur Morris and William Whipple, a committee of Con- gress, and another from Jeremiah Wadsworth, Commissary- General of Purchases, to the said committee, on the subject of engrossing.
On motion, by order, the said message and its inclosures were severally read, and the said message is as follows, viz :
"Gentlemen of the General Assembly :
"Saturday afternoon I received, by express, a letter from his "Excellency, General Washington, requesting that I would give "the Deputy Quarter authority to canton Pulaskie's Legion "within this State, and as I would wish the General Assembly " to take order in this matter, have directed the Secretary to lay " the letter before you. I have also directed him to lay before "your Honors a letter, of the 19th instant, from the committee "of Congress, on the subject of engrossing, with a copy of a "letter from the Commissary-General of Purchases to them on " that head.
"CÆSAR RODNEY.
"Dover, January the 25th, 1779."
On motion
Resolved, That Messrs. Clowes, Read, and Bassett be a com- mittee to prepare and bring in a bill for the quartering of troops within this State.
Adjourned till to-morrow morning, 10 o'clock.
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TUESDAY, January 26th, 1779.
The Council met. Present the same members as on yesterday.
The committee appointed to prepare and bring in a bill for the quartering of troops in this State, now delivered one at the table, which, by order, was read the first time.
On motion,
Resolved, That Mr. Clowes, Mr. Read, and Mr. Bassett be a committee to prepare and bring in a bill against engrossing and forestalling of flour, grain and forage.
Doctor Clayton, a member of Assembly, was admitted and de- livered to the Chair a memorial from the members of the Privy Council, praying the aid of the Legislature to make provision for their expenses incurred during their attendance on the duties of their office, with a resolution of the House of Assembly empow- ering the Speakers of both Houses to draw for divers sums of money in favor of the members of the Privy Council and Secre- tary, and also the following verbal message, viz :
"Gentlemen :
"As the seat of John Clark, Esquire, the second Justice of the "Court of Common Pleas and Orphans' Court in the County of "Kent, is become vacant by his appointment to and acceptance of "the office of Chief Justice of those Courts, and it is necessary to " fill that vacancy, this House therefore propose to your honor- "able House to meet the Council, at such time and place as you "may appoint, for the purpose of putting into nomination proper "persons to be balloted for as second Justice in said Courts. "This House also inform the honorable the Council that they "intend to adjourn on Saturday next, for this present sitting, to "some future day."
On motion, by order, the foregoing memorial and resolution founded thereon were severally read the first time.
On motion, by order,
The bill for the relief of wounded officers and soldiers, &c., was read the second time, and thereupon
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Resolved, That a committee of two be appointed to take the said bill into consideration, and report thereon to-morrow morn- ing.
The gentlemen chosen : Mr. Patterson and Mr. Polk.
On motion, by order,
The bill, by way of supplement to the act entitled "An act to prohibit the exportation of provisions from this State beyond the seas for a limited time," was read the second time and deferred for consideration.
On motion, by order,
The bill for raising one hundred and seventy thousand dollars for the year 1779, by general tax, was read the second time, and thereupon
Resolved, That a committee of three be appointed to take the said bill into consideration, and report their objections to the same.
The gentlemen chosen : Mr. Bassett, Mr. Read, and Mr. Con- well.
Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, A. M., January 27, 1779.
The Council met. Present all the members.
On motion, by order,
The bill for the quartering of troops within this State was read the second time and passed the Council.
Ordered, That Mr. Hyatt deliver the foregoing bill to the House of Assembly for their consideration and concurrence.
Mr. Hyatt reported the delivery according to order.
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Mr. John Clayton, a member of Assembly, was admitted and delivered to the Chair a bill to increase the salaries and allow- ances to the Justices of the Supreme Court, which, by order, was read the first time.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met, and, some of the members attending on com- mittees, adjourned till to-morrow morning, 10 o'clock
THURSDAY, A. M., January 28, 1779.
The Council met. Present all the members.
The committee to whom the bill for raising one hundred and . seventy thousand dollars by a general tax was referred, now delivered their report at the table, which, by order, was read and ordered to lie over till the afternoon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and took into consideration the foregoing bill and report, and after some time spent therein the further consid- eration thereof is postponed till to-morrow.
Doctor Clayton, a member of Assembly, was admitted and . returned to the Chair the resolutions of Council empowering the the Delegates from this State in Congress to ratify the Articles of Confederation, together with the bill for the ratification of the 48
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said articles, and the report of the committee thereon, severally concurred in by the House of Assembly.
The same member also returned to the Chair the bill for the quartering of troops within this State, with a paper of amend- ments proposed thereto by the House of Assembly.
The same member also delivered to the Chair the report of the Committee for Public Accounts, with a list of vouchers.
Ordered, That the bill for the ratification of the Articles of Confederation be engrossed.
The Council took into consideration the amendments proposed- by the House of Assembly to the bill for the quartering of troops, &c., and proposed and agreed to some amendments to the said amendments of the House of Assembly, which were ordered to be transcribed.
Ordered, That Mr. Polk deliver the said bill, and the several papers of amendments, to the House of Assembly.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., January 29, 1779.
The Council met. Present all the members.
Mr. Polk now reported the delivery of the several papers com- mitted to his charge, according to the order of yesterday.
Doctor Hall, a member of Assembly, was admitted and deliv- ered to the Chair the bill to prohibit, for a limited time, the dis- tilling of whiskey and other spirits from wheat, &c. ; also the bill to prevent and punish the frauds and abuses in the Quarter- master's and Commissary's Departments ; and also the bill to appoint commissioners to hear and determine the claims of the officers and soldiers of the Whig Battalion, &c., respectively signed by the Speaker of the House of Assembly, together with their original draughts and amendments, in order to be compared and signed by the Speaker of the Council.
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The same member also returned to the Chair the bill for the quartering of troops, &c., with the amendments proposed thereto by the House of Assembly and the amendments proposed by the Council to the said amendments, two of which the House of As- sembly acceded to and rejected the two remaining amendments of the Council.
The Council now took into consideration the verbal message of the House of Assembly of the 26th instant, and thereupon the following answer thereto was drawn up and agreed to, viz :
Gentlemen :
The Council accede to your proposal of putting into nomina- tion proper persons to be balloted for as second Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, and will meet your honorable House, if agreeable, in the Assembly Room, at four o'clock this afternoon, for the purpose aforesaid.
Ordered, That Mr. Baning deliver the same to the House of Assembly.
Then the Council took into consideration such of their amend- . ments to the amendments proposed by the House of Assembly to the bill for the quartering of troops, &c., as were rejected by the House of Assembly, and thereupon a message from the Council to the House of Assembly, stating the reasons of Council for adhering to their amendments so rejected, was drawn up at the table, read and agreed to, and is as follows, viz :
Gentlemen :
The Council have reconsidered the two last amendments pro- posed by the Council to the amendments proposed by the House of Assembly to the bill for the quartering of soldiers, returned as rejected by your House, and are of opinion that the third amend- ment is a necessary one, for that no person but a Justice can billet any soldier, &c., by the bill, therefore the expressions "or if the person so billeting them be a Justice," in the 6th and 7th line of your first amendment, are improper, as they imply a power of billeting in other than a Justice or Justices ; but, by adding the word [single], as in our amendment, those expressions will have their proper reference to the billeting authorized by the third
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section of the bill, and for these reasons the Council are induced to adhere to their third amendment aforesaid.
The Council, by their fourth amendment, intended effectually to exclude Quartermasters and their deputies from exercising the power of quartering, which they were doubtful might not, in strict military speech, be considered to be included in the term military officers ; but if the House of Assembly shall be of opin- ion, after knowing our reasons for the fourth amendment, that the same is unnecessary, and that their constituents may be well secured against the exertion of a dangerous power by those of the staff of the army, the Council will recede from the said fourth amendment.
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