USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 24
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Ordered, That Mr. Baning deliver the said message to the House of Assembly, together with the bill for the quartering of soldiers, &c., and its several papers of amendments.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Baning now reported the delivery of the several papers given him in charge, to the House of Assembly, according to order.
Mr. Waples, a member of Assembly, was admitted and re- . turned to the Chair the bill for the quartering of troops, &c., and its amendments, with the following verbal message, viz :
"Gentlemen :
" This House having taken into consideration the reasons con- "tained in your message for adhering to the amendments pro- "posed by your honorable House to the amendments offered by "the House of Assembly to the bill for quartering of soldiers, "do not consider them satisfactory. The Assembly, therefore, "propose, as the most expeditious manner of terminating the
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"difference in opinion respecting the said amendments, the ap- "pointment of committees by both Houses to confer thereon, "and do accordingly appoint Messrs. Ridgely, Hall, and Joshua "Clayton a committee on the part of this House, who will forth- "with meet a committee of your honorable House for that pur- "pose, if the said proposition be concurred in by the Council."
And thereupon
Resolved, That Messrs. Read and Conwell be a committee, on the part of the Council, to meet a committee of the House of Assembly to confer on the subject matter of the several amend- ments proposed by each House to the bill for the quartering of troops.
On motion, the Council resumed the consideration of the bill for raising 170,000 dollars, &c., and the committee's report thereon and sundry amendments were agreed to, and further amendments being proposed, the further consideration is post- poned till to-morrow.
On motion, by order,
The bill for suppressing vice and immorality was read the second time, and will not pass, and, on motion, leave was given to bring in a bill, by way of supplement to several acts of As- sembly, for the suppression of vice and immorality. 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 de- ferred for consideration till to-morrow morning.
Adjourned till to-morrow morning, 10 o'clock.
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SATURDAY, A. M., January 30th, 1779.
The Council met. Present all the members.
The committee to whom was referred the bill for the relief of wounded officers and soldiers, &c., now brought in their report.
Mr. Cook, a member of Assembly, was admitted and delivered to the Chair a bond (or obligation) of John Jones, Esq., to the Delaware State in the sum of one thousand pounds, with a reso- lution of the House of Assembly empowering the President to receive the said sum of one thousand pounds from Mr. Jones.
Ordered, That Mr. Polk wait on the House of Assembly and inform them that the Council have acceded to their proposal for the appointment of a committee of Council to meet a committee of the House of Assembly to confer on the subject matter of the several amendments proposed by each House to the bill for the quartering of soldiers.
Mr. Polk, being returned, reported that he had waited on the House of Assembly with the said message, according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
On motion, by order, the report of the committee to whom was referred the bill for the relief of wounded officers and soldiers, &c., was read the first time and recommitted to the same com- mittee, with the addition of Mr. Read.
The committee appointed to confer with a committee of the House of Assembly on the subject matter of the amendments to
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the bill for the quartering of soldiers, now delivered their report at the table, which, by order, was read and agreed to.
Ordered, That the said bill be engrossed.
On motion, the Council now resumed the consideration of the bill for raising one hundred and seventy thousand dollars, &c., and further amendments were proposed and agreed to and order- ed to be transcribed.
Ordered, That the said bill and transcribed amendments be sent to the House of Assembly, for their consideration and con- currence, by Mr. Clowes.
Who, being returned, reported the delivery thereof according to order.
Mr. Craghead, a member of Assembly, was admitted and de- livered to the Chair Colonel Pope's account against the Delaware Regiment for clothing, and its vouchers, with a resolution of the House of Assembly for the payment of cloth seized and taken by Colonel Pope for the use of the Delaware Regiment.
On motion, by order,
The bond of Colonel John Jones to the Delaware State in the sum of one thousand pounds, and the resolution of the House of Assembly empowering the President to receive the said sum of one thousand pounds from Mr .. Jones, were read the first time.
By special order the said resolution was read the second time, and an amendment was proposed and agreed to.
Ordered, That Mr. Conwell wait on the House of Assembly with the said bond and resolution and transcribed amendments.
Adjourned till to-morrow morning, 10 o'clock.
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SUNDAY, January 31st, 1779.
The Council met. Present all the members, except Mr. Bassett. On motion, by order,
The report of the Committee for Public Accounts was read and deferred for consideration until to-morrow.
Adjourned till to-morrow morning, 10 o'clock.
MONDAY, A. M., February Ist, 1779.
The Council met. Present all the members.
The Council now took into consideration the report of the Committee for Public Accounts, and having partially proceeded therein, the same was further postponed until to-morrow.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Conwell now reported the delivery of the several papers committed to him according to the order of Saturday last.
The bill for the ratification of the Articles of the Confederation by the Delaware State, and the bill for the quartering of soldiers, being engrossed, were read and compared and ordered to be signed by the Speaker of the Council ; which was done accord- ingly.
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On motion, by order,
The engrossed bill to prohibit, for a limited time, the distilling of whiskey from wheat, rye, or any other sort of grain, or from any meal or flour ; the bill to prevent and punish the frauds and abuses in the Quartermaster's and Commissary's Departments, &c., and the bill to appoint commissioners to hear and determine the claims of the officers and soldiers of the Whig Battalion, sta- tioned at Newark and Dover, being respectively signed by the Speaker of the House of Assembly, were read, compared and ordered to be signed by the Speaker of the Council ; which was done accordingly.
On motion,
Resolved, That the President and Commander-in-Chief affix the Great Seal of this State to the following laws, passed at this session, to wit :
I. The act to prohibit, for a limited time, the distilling of whiskey from wheat, rye, or any other sort of grain, or from any meal or flour ;
2. The act to prevent and punish the frauds and abuses in the Quartermaster's and Commissary's Departments, and for ascer- taining the pay of impressed teams and their drivers ;
3. The act to appoint commissioners to hear and determine the claims of the officers and soldiers of the Whig Battalion, sta- tioned at Newark and Dover, in this State ;
4. The act for the ratification of the Articles of Confederation by the Delaware State ;
5.
The act for the quartering of soldiers.
Ordered, That Mr. Polk deliver the said bills to the House of Assembly, respectively signed by the Speaker of the Council, to- gether with the resolution for affixing the Great Seal to the same, for their concurrence.
Mr. Polk, being returned, reported the delivery thereof accord- ing to order.
The Council resumed the consideration of the bill, by way of supplement to the several acts of Assembly for the suppression of vice and immorality, and the same passed the Council.
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Ordered, That Mr. Hyatt deliver the same to the House of Assembly for their consideration and concurrence.
Who reported the delivery thereof according to order.
On motion, by order,
The bill to increase the salaries and allowances to the Justices of the Supreme Court was read a second time and deferred for consideration till to-morrow morning.
On motion, by order,
The bill, by way of supplement to the act of pardon, was read the second time.
Mr. Craghead, a member of Assembly, was admitted and de- livered to the Chair a message from the President to the General Assembly, inclosing a letter from the President of Congress of the 22d ultimo, and several acts of Congress on the subject of Finance, of October 8th and November 19th, 1778, and January 1, 2, 5, 13 and 14, 1779.
The same member also returned to the Chair the bond of John Jones, Esquire, and the resolution of the House of Assembly founded thereon, with the amendments proposed thereto by the Council agreed to by the Assembly, and a resolution of that House, with the said amendment inserted therein, directing the President to receive the monies due on the said bond.
The same member also returned the resolution of the Council for affixing the Great Seal to the laws therein mentioned, con- curred in by the House of Assembly.
The same member also delivered to the Chair the supplemen- tary act to the act for keeping in repair the banks of Fern Hook and Bosman's Creek Marshes, &c., signed by the Speaker of the Assembly, with a resolution for affixing the Great Seal to the said bill.
The same member also delivered a supplementary bill to the act for keeping in good repair the bridge and causey over the Broadkiln, in Sussex County.
On motion, by order,
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The supplementary act to the act for keeping in repair the banks, &c., of Fern Hook and Bosman's Creek Marshes, was read, compared and signed by the Speaker:
On motion, by order,
The resolution of the House of Assembly for affixing the Great Seal of this State to the foregoing bill, was read and concurred in by the Council,
On motion, by order,
The supplementary act to the act for keeping in good repair the bridge and causey over the Broadkiln, in Sussex County, was read the first time.
The Council taking into consideration the memorial of George Evans and George Latimer, Esquires, two of the members of the Privy Council of this State, requesting leave to resign their seats at that board, and it appearing by the minutes of this House that Thomas McDonough, Esq'r, and the said George Latimer were first elected by the Council, Mr. Latimer's resignation is'accept- ed. The Council then proceeded to supply Mr. Latimer's place in the Privy Council, by ballot, when the box containing the bal- lots being examined by the Speaker, Eleazer McComb, of Kent' County, Gentleman, having eight ballots of the nine put into the box, is declared elected a Privy Councillor.
Mr. Conwell applied for leave of absence, which is granted.
On motion of Mr. Bassett for a leave of absence for a few days, the same is granted.
Adjourned till to-morrow morning, 10 o'clock.
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TUESDAY, A. M., February 2d, 1779.
The Council met. Present all the members, except Messrs. Conwell and Bassett.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly direct- ing Samuel Patterson, Esquire, State Treasurer, to pay to the Continental Congress this State's quota of the Continental tax for the year 1778, amounting to sixty thousand dollars, and the following verbal message, viz :
"Gentlemen :
" The House of Assembly have resolved to adjourn this day to "some future day."
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and resumed the consideration of the com- mittee's report on the Public Accounts, and proposed and agreed to sundry amendments.
The committee to whom were recommitted the bill for the relief of wounded officers, soldiers, &c., now reported, as their opinion, that the same be rejected and a new one framed instead thereof. A bill for this purpose being laid on the table, was, by order, read the first time.
Mr. Kollock, a member of Assembly, was admitted and deliv- ered at the Chair the bill for raising one hundred and ninety-eight thousand dollars, for the service of the year 1779, by a general tax, signed by the Speaker of the House of Assembly, together with the original bill, the committee's report thereon, and the
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amendments proposed by the Council thereto, in order to be compared and signed by the Speaker of the Council, with a res- olution for affixing the Great Seal thereto.
Ordered, That Mr. Polk return to the House of Assembly the report of the Committee on the Public Accounts, and the paper of amendments proposed thereto by the Council for their concur- rence, with the public accounts and vouchers.
Mr. Polk, being returned, reported that he had waited on the House of Assembly with the above papers, according to order.
The Council took into consideration the verbal message from the House of Assembly, delivered in the forenoon, and thereupn
Resolved, That a message, in answer to the same, be drawn up at the table, which was read and agreed to, and is as follows, VIZ :
Gentlemen :
The Council are of opinion that some of the business now be- fore them, and which they deem necessary on the part of your and our constituents, cannot be completed in the short time your honorable House have limited for their sitting by their verbal message just delivered. The Council beg leave to remind you that no instructions for or certificate of the appointment of the Delegates from this State to Congress have been as yet sent to us ; that nothing has been done on the resolutions of Congress, delivered to us through your House late last evening, and if time is not given for these businesses they will be left undone. We have thought it our duty thus to shew our opinion of the conse- quences that must ensue from the adjournment of your House this evening, and submit the same to your consideration.
Signed by order of the Council.
Dover, February 2d, 1779.
Ordered, That Mr. Clowes deliver the said message to the House of Assembly.
Mr. Clowes reported the delivery according to order.
On motion, by order,
The resolution of the House of Assembly directing Samuel
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Patterson, Esq., State Treasurer, to pay this State's quota of the Continental tax for the year 1778 to the Continental Congress, was read the first time.
By special order the same was read the second time and dis- agreed to ; and thereupon, on motion,
Resolved, That the President or Commander-in-Chief of this State be authorized and appointed to draw orders on Samuel Patterson, Esq., State Treasurer, as well for the sixty thousand dollars raised in this State for the proportion demanded by Con- gress for the year one thousand seven hundred and seventy-eight, as for the one hundred and fifty thousand dollars to be raised in the State for its proportion demanded by Congress for the year seventeen hundred and seventy-nine, when the same, or any fourth part thereof, shall come to the hands of the State Treasurer, and' direct the payment of the said sums respectively into the Trea- sury of the United States, and there placed to the credit of this State.
Ordered, That Mr. Polk deliver the same to the House of As- sembly for their concurrence, together with the resolution of the House of Assembly disagreed to by the Council.
On motion, by order,
The resolution directing the President to receive the monies due on the bond of John Jones, Esq., et al., was read, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, " MONDAY, P. M., February 1, 1779.
"Mr. Speaker laid before the House an obligation, dated the " Ist May, 1777, for one thousand pounds from John Jones, John "Dagworthy, and Levin Derrickson, of the County of Sussex, "Esquires, to this State, the said sum being a loan from the " State to the said John Jones, in pursuance of divers resolutions " of the General Assembly in February, 1777, for the encourage- "ment and assistance of him in erecting salt works in this State, "with a special condition, agreeable to the purport of the said "resolutions; and the House taking the same into consideration, "and it appearing that no supply of salt for the use of the State, "made and manufactured therein, hath been obtained, and that
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"more than one year hath elapsed since the date of the bond "aforesaid,
"Resolved, That it be recommended to the President or Com- "mander-in-Chief forthwith to take necessary and effectual mea- "sures to obtain the monies payable by the said obligation on "the non-performance of the condition thereof, and on the re- "ceipt of the same to apply them to the payment of the allow- "ances heretofore made by the General Assembly to the Militia "of Sussex County."
Ordered, That Mr. Polk return the foregoing resolution to the House of Assembly, concurred in by the Council, together with Mr. Jones' bond and the original resolution.
On motion, by order,
The memorial from the members of the Privy Council, and the resolution of the House of Assembly founded thereon, were read the second time, and an amendment was proposed and agreed to.
Ordered, That the same be transcribed and sent, with the said resolution, to the House of Assembly for their concurrence, by. Mr. Polk.
Mr. Derrickson, a member of Assembly, was admitted and presented to the Chair a message from the House of Assembly to the Council, which, by order, was read, and follows in these words, viz :
" Gentlemen :
" The House of Assembly have taken your message, just now "delivered, into consideration. The desire they have to com- "plete the public business which at this time appears immedi- "ately necessary to be concluded, has induced them to postpone "their intended adjournment until to-morrow evening, but can- "not agree to sit longer ; and therefore desire that all possible "dispatch may be given to the business most urgent."
On motion, by order,
The bill for making provision for the relief of wounded officers and soldiers, &c., was read the second time, and passed the Council.
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Ordered, That Mr. Polk deliver the same to the House of Assembly for their concurrence, and return the bill proposed by that House rejected by the Council.
· On motion, by order,
The supplementary bill to the act for keeping in good repair the bridge and causey over the Broadkiln, in Sussex County, was read the second time and deferred for consideration till to- morrow morning.
Adjourned till eight o'clock to-morrow morning.
WEDNESDAY, A. M., February 3d, 1779.
The Council met. Present the same members as on yesterday.
Mr. Polk now reported the delivery of the several papers given . in charge to him, agreeable to the order of yesterday.
On motion, by order,
The President's message to the General Assembly, of the first instant, and its inclosures, were severally read, and the said mes- sage is as follows, viz :
"Gentlemen of the General Assembly :
"I have just received, by express, from his Excellency, the " President of Congress, a letter of the 22d ultimo, inclosed with "divers acts of that honorable body on the subject of Finance, " which I have ordered the Secretary to lay before your Honors "for your perusal.
"CÆSAR RODNEY.
"Dover, February Ist, 1779."
On motion, by order,
The bill to increase the salaries and allowances to the Justices of the Supreme Court was read the third time and will pass.
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Ordered, That Mr. Baning return the same to the House of Assembly, agreed to by the Council.
The Council now resumed the consideration of the supplemen- tary bill to the act for keeping in good repair the bridge and causey over the Broadkiln, in Sussex County, and some amend- ments, by way of addition to the same, were proposed, agreed to, and ordered to be transcribed and sent therewith to the House of Assembly, for their concurrence, by Mr. Patterson.
Mr. Baning now reported the delivery of the bill to increase the salaries and allowances to the Justices of the Supreme Court, according to order.
On motion,
Ordered, That the bill for raising one hundred and ninety- eight thousand dollars, for the service of the year one thousand seven hundred and seventy-nine, by a general tax, and 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 and sluices in repair, and to raise a fund to de- fray the expenses thereof," being severally read and compared, be signed by the Speaker of the Council and returned, by Mr. Patterson, to the House of Assembly, together with the resolu- tion of that House for affixing the Great Seal to the said bills, concurred in by Council.
Mr. Craghead, a member of Assembly, was admitted and de- livered to the Chair the memorial from the members of the Privy Council and the resolution founded thereon, with the amendments proposed thereto by the Council disagreed to by the House of Assembly.
The same member also returned to the Chair the resolution of Council empowering the President to draw orders on the State Treasurer for the payment of the sixty thousand dollars and one hundred and fifty thousand dollars, raised and to be raised for the years one thousand seven hundred and seventy-eight and one thousand seven hundred and seventy-nine, into the Continental Treasury, with an amendment proposed thereto by the House of 50
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Assembly, and the resolution of that House disagreed to by the Council.
The same member also delivered to the Chair the Public Ac- counts and vouchers, the report of the committee thereon, and the Council's amendments thereto, in part agreed to by the House of Assembly.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Patterson now reported the delivery of the several papers committed to him according to order.
The Council took into consideration the report of the Commit- . tee for Public Accounts and such of their amendments thereto as were disagreed to by the House of Assembly, and, on motion,
Resolved, That the Council appoint a committee to confer with a committee of the House of Assembly on the subject matter of the said amendments, and Messrs. Patterson and Clowes are named on the part of this House.
The Council took into consideration their amendment pro- posed to the resolution of the House of Assembly empowering the Speakers of the two Houses to draw for divers sums of money in favor of the members of the Privy Council, &c., re- turned as rejected by the House of Assembly, and adhered to the same, and, on motion,
Resolved, That the Council appoint Messrs. Patterson and Clowes a committee to confer with a committee of the House of Assembly on the subject matter of the said amendments, dis- agreed to by the House of Assembly and adhered to by the Council, and thereupon the following message was drawn up at the table, and read and agreed to, viz :
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Gentlemen :
The Council having taken into their consideration those parts of the report of the General Committee of Accounts to which they had proposed certain amendments, and since disagreed to by your honorable House, to wit : the allowance of sixty-one pounds five shillings to John Casson, for rations, and the allowance of forty shillings per day, instead of thirty shillings, to John Bullen, as Commissary of the Whig Battalion of Kent County, do still ad- here to their proposed amendments in these two cases, and unless some reasons, not yet made known to them, shall be offered to induce a change of opinion, must continue to do so.
The Council have also reconsidered their amendment proposed to your resolution of the 26th ultimo, empowering the Speakers of the two Houses to draw for divers sums of money in favon of the members of the Privy Council, &c., and do also adhere to the same ; but, being willing to inform and be informed of every thing relative to the subjects of these amendments, do propose a conference by committees, to be appointed from each House, and, in confidence of your approbation of this mode, have named Messrs. Patterson and Clowes on the part of this House, to meet such gentlemen as may be appointed by you forthwith.
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