USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 25
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Signed by order of the Council.
Dover, February 3, 1779.
Ordered, That Mr. Polk deliver the same to the House of Assembly.
Mr. Polk reported the delivery according to order.
The Council took into their consideration their resolution em- powering the President to draw for the sixty thousand dollars and one hundred and fifty thousand dollars, raised and to be raised in this State in the years seventeen hundred and seventy- eight and seventeen hundred and seventy-nine, and to be paid into the Continental Treasury, and the amendments proposed thereto by the House of Assembly, to insert the words [Speakers of the Council and House of Assembly be directed], instead of the words [President or Commander-in-Chief of this State be authorized and appointed], and the amendment being agreed to and made, the resolution was transcribed and sent to the House of Assembly, by Mr. Clowes, for concurrence.
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Mr. Cook, a member of Assembly, was admitted and delivered to the Chair the bill entitled "A supplement to an act entitled 'An act for keeping in good repair the causey and bridge over the Broadkiln Creek, in Sussex County, and for regulating the toll for passing the same,'" and also the bill to increase the salaries and allowances of the Justices of the Supreme Court, severally engrossed and signed by the Speaker of the House of Assembly, together with a resolution for affixing the Great Seal to the said bills.
On motion, by order,
The foregoing bills were severally read, compared, and ordered to be signed by the Speaker of the Council ; which was done ac- · cordingly.
On motion, by order,
The resolution for affixing the Great Seal to the said bills was read and concurred in.
Ordered, That Mr. Clowes return to the House of Assembly the foregoing bills, respectively signed by the Speaker of the Council, and also the resolution for affixing the Great Seal there- to, concurred in by the Council.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of that House requesting the Presi- dent to transmit an exemplified copy of the act empowering the Delegates in Congress to subscribe the Articles of Confederation.
The same member also delivered to the Chair a resolution of the House of Assembly in favor of the Clothier-General, for the sum of two thousand five hundred pounds, to enable him to pur- chase a quantity of linen for the Delaware Regiment, with a reso- lution of that House obliging him to give security for the faithful discharge of his duty in office, and to be accountable for the pub- lic monies which come to his hands.
The same member also delivered to the Chair a resolution of the House of Assembly directing the Speakers of the two Houses to transmit to the commissioners under the act for raising one hundred and ninety-eight thousand dollars notifications of their appointment, and the following message, viz :
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"Gentlemen :
" The House of Assembly have taken into consideration your "message, just now delivered, respecting the appointment of "conferees on the amendments proposed to the report of the "Committee of Accounts, &c., and have nominated on their "part Messrs. Joshua Clayton, West, and Kollock, for that pur- "pose. This House also inform the Council that they intend "shortly to adjourn, and beg the Council to give what dispatch "they can to the most urgent business before them."
On motion, by order,
The preceding resolutions, delivered with the above message, were severally read and concurred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., February 3, 1779.
"Resolved, That the President or Commander-in-Chief be and "he is hereby empowered and requested to transmit to the Dele- "gates of this State in Congress an exemplified copy, under the "Great Seal, of the act of Assembly entitled "An act to author- "ize and empower the Delegates of the Delaware State to sub- "scribe and ratify the Articles of Confederation and Perpetual "Union between the several States."
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., February 3, 1779.
"WHEREAS it is proper that every person who holds any post "or place of profit within this State should give security for the "faithful performance of the duties thereof, and to account for "the public monies which may by virtue thereof come into his "hands ; therefore
"Resolved, That George Craghead, Esq., Clothier-General of "this State, be required to give bond, in the name of the Dela- "ware State, with one or more sufficient sureties, in the sum "of fifteen thousand pounds, lawful money of this State, on or "before the first day of April next, conditioned for the faithful "performance of the duties of the said office, and to render "a just and true account to the General Assembly of all the "monies that may come into his hands by virtue of said office.
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"Also resolved, That Samuel Patterson, Esquire, be and he is "hereby empowered and requested to take the said bond and lay "the same before the General Assembly at their next meeting.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
" IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., February 3, 1779.
"WHEREAS it is necessary to provide linen for the Delaware "Regiment for the present year,
"Resolved, That the Speakers of the Council and House of " Assembly do forthwith draw an order on the State Treasurer "in favor of George Craghead, Esq., Clothier-General for this, "State, for the sum of two thousand five hundred pounds, to "enable him to purchase a quantity of linen for the purpose "aforesaid, and the said Clothier-General to be accountable for "the said sum to the General Assembly.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly." ." IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., February 3, 1779.
"Resolved, That the Speakers of the Council and House of " Assembly transmit to William McClay, of New Castle County, "merchant ; William Manlove, of Kent County, merchant, and "Colonel Caleb Cirwithin, of Sussex County, a notice of their "appointment in the act for raising one hundred and ninety- "eight thousand dollars, for the purpose of ascertaining the " value of all real property within this State.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
Ordered, That the preceding resolutions, with the concurrence of the Council thereto respectively, be returned, by Mr. Clowes, to the House of Assembly.
Resolved, That the resolutions of the General Assembly on the Articles of Confederation and Perpetual Union between the
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THE DELAWARE STATE, 1779.
States of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Geor- gia, passed previous to the act of ratification, be transcribed and certified copies of the same sent to the respective Delegates from this State in Congress forthwith.
Ordered, That the same be sent to the House of Assembly, for their concurrence, by Mr. Clowes.
Mr. Clowes, being returned, reported the delivery of the sev- eral papers committed to him, according to order.
On motion, by order,
The resolution for the payment of cloth, taken and seized by Colonel Charles Pope for the use of the Delaware Regiment, was read and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., January 20th, 1779.
"The Committee of Accounts, to whom were referred the "accounts of divers quantities of cloth taken from several fulling "mills within this State by Lieutenant Colonel Charles Pope, of "the Delaware Regiment, for the clothing of the said regiment, "now reported a state thereof, amounting to eight hundred and "forty-five pounds sixteen shillings and four pence half penny, "and the same being taken into consideration,
"Resolved, That the Clothier-General for this State be and he "is hereby authorized and required to pay into the hands of the "owners or managers of the fulling mills respectively from whom " the said Charles Pope hath taken cloth for the clothing of the "said regiment such sum or sums of money as may be due for "the same, upon their producing accounts therefor duly authen- "ticated ; and that the Speakers of both Houses be and they are "hereby empowered and directed to draw an order on the State "Treasurer for the sum of eight hundred and fifty pounds in "favor of the said Clothier-General, to enable him to carry into "execution this resolution.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
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Ordered, That Mr. Polk return the same to the House of As- sembly concurred in by the Council.
Mr. Polk reported the delivery thereof according to order.
The committee of conferees on the subject matter of the amend- ments proposed to the report of the Committee of Public Ac- counts, now delivered their report at the table, which, by order, was read and agreed to.
Mr. Lockwood, a member of Assembly, was admitted and re- turned to the Chair the resolution of Council for furnishing the Delegates in Congress with certified copies of the resolutions passed previous to the act of ratification, concurred in by the House of Assembly.
The same member also delivered to the Chair a certificate of appointment of Delegates from this State to Congress.
Mr. Craghead, a member of Assembly, was admitted and re- turned to the Chair the resolution of the Council empowering the Speakers of the two Houses to draw orders for the payment of divers sums into the Continental Treasury, concurred in by the House of Assembly.
The same member also delivered to the Chair the resolution empowering the Speakers of the two Houses to draw for divers sums of money in favor of the members of the Privy Council, with the amendments proposed thereto by the Council acceded to by the House of Assembly and made therein ; whereupon the the said resolution was concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., January 26th, 1779.
" The House of Assembly having resumed the consideration " of that part of the report of the committee to whom the remon- "strance of the Chief Justice of this State and the memorial of . "the Privy Council were referred, which relates to an allowance "to each of the members of the said Council,
"Resolved, That the Speakers of the Council and House of "Assembly be empowered and directed to draw on the Trustees "of the Loan Offices of this State, or any of them, for the sum "of one hundred pounds in favor of each of the members of the
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THE DELAWARE STATE, 1779.
"Privy Council of this State, for his expenses incurred in the "discharge of the duties of his office previous to the passing of "the act of the General Assembly entitled 'An act for regulating "and establishing the fees of divers civil officers of this State, "and other purposes therein mentioned,' on the 26th day of "June last ; and that the Speakers of both Houses be also em- "powered and directed to draw, in like manner, for the sum of "one hundred pounds in favor of James Booth, Secretary of this "State, for his services and expenses incurred by his attendance "on the duties of his said office during the time aforesaid.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order,
The certificate of the appointment of Delegates to Congress was read, and an amendment was proposed, agreed to, and or- dered to be transcribed.
Ordered, That Mr. Patterson wait on the House of Assembly with the said certificate and transcribed amendment, for their concurrence, and return the resolution empowering the Speakers of the two Houses to draw for divers sums of money in favor of the members of the Privy Council, concurred in by the Council.
Mr. Patterson, being returned, reported the delivery of the above papers according to order.
Ordered, That Mr. Hyatt return to the House of Assembly the two accounts of Cæsar Rodney, Esq., with their vouchers, amounting to five thousand two hundred and sixty-six pounds nineteen shillings and two pence, and inform them that the Council have examined and allowed the same, and that he de- liver the following verbal message, viz :
Gentlemen :
The Council beg leave to remind you that you have not in- formed them of your determination upon the two first matters reported upon by the committee of conferees relative to the al- lowance for rations to Captain Casson and his officers, and the allowance to John Bullen for his service as Commissary to the Whig Battalion, and until this is known these accounts cannot be closed.
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Mr. Hyatt reported the delivery of the above papers accord- ing to order.
The Council now took into consideration the supplement to the embargo act, sent from the House of Assembly, and agreed that the following verbal message should be sent to that House, viz :
Gentlemen :
The Council having under their consideration the supplement to the embargo act, sent from your House, beg to be informed how it hath appeared to your honorable House that there is "just cause to fear that unless a prohibition of the exportation of provisions from this State be extended to the States of Mary- land and Virginia many of the inhabitants of this State will suf- fer." As this House have as yet a different sentiment of the quantity of provisions to be spared from the State, but lest the fears above expressed may prove real and great distress ensue to our constituents, we think it our duty, though thus late in the session, to proceed on this bill if from your state of the fact it shall in any wise appear dangerous to omit it, and at the same time we beg to know why the States of Maryland and Virginia. only are excluded, and the States of Pennsylvania and New Jer- sey left open, as it hath and will probably happen that the expor- tation to Pennsylvania alone will exceed that of all the rest.
Ordered, That Mr. Hyatt deliver the same to the House of Assembly.
Mr. Hyatt, being returned, reported the delivery according to order.
Mr. Derrickson, a member of Assembly, was admitted and delivered to the Chair the public accounts and vouchers, the report of the committee thereon, and the Council's amendments thereto, with the report of the joint committee of conference, agreed to by the House of Assembly.
The same member also delivered a resolution of the House of Assembly empowering the Speakers of the two Houses to draw for monies agreed by the General Assembly to be due to Capt. Nathaniel Mitchell and a certain William Arnold, of Sussex County ; and also the certificate of the appointment of Delegates
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to Congress, with the amendment proposed thereto by the Coun- cil acceded to by the House of Assembly.
On motion, by order,
The foregoing report of the joint committee of conference was read, concurred in, and is as follows, viz :
"The joint committee of conference report that they have "agreed to allow Captain Casson and officers the sum of sixty- "one pounds five shillings, for' their rations.
"They further report that, on examining John Bullen's ac- "count, they are of opinion he should be allowed the sum of one "hundred and eighty pounds for his services as Commissary to "the Whig Battalion, and that the balance due from him to the "State is fifty-three pounds, on that service.
"They further report that the amendment proposed by the "Council to the resolution of the House of Assembly respecting "the Privy Council should be agreed to."
On motion, by order,
The foregoing resolution empowering the Speakers of the two Houses to draw in favor of Captain Mitchell and William Arnold was read, concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., February 3, 1779.
" On motion,
"Resolved, That the Speakers of the Council and Assembly be "empowered and directed to draw upon the State Treasurer for "the sum of one hundred and seventy-nine pounds six shillings "and two pence half-penny, agreed by the General Assembly, "on the twenty-second day of February, one thousand seven "hundred and seventy-seven, to be due to Captain Nathaniel "Mitchell, and also for the sum of one hundred and twelve "pounds and three pence, agreed by the General Assembly, "on the same day, to be due to a certain William Arnold, of "Sussex County.
" Extract from the minutes. JAS. BOOTH,
"Sent for concurrence.
Cl'k of Assembly."
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On motion, by order, the certificate of the appointment of Delegates was read, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, "WEDNESDAY, P. M., February 3, 1779.
"WHEREAS the Honorable John Dickinson, Nicholas Van- "dyke, and Thomas Mckean, Esquires, have been chosen, by "joint ballot of both Houses in the General Assembly, to rep- "resent the Delaware State in the Congress of the United States "of America this present year,
"Resolved, That they, or any of them, are hereby fully au- "thorized and empowered, for and in behalf of this State, to "concert, agree to, and execute any measure which they, or "any two of them, together with a majority of the said Con- "gress, shall judge necessary for the defence, security, interest' "and welfare of this State in particular, and the United States "in general ; and generally to exercise, in concert with other "of the United States in Congress assembled, the respective "powers prescribed in the Articles of Confederation and Per- "petual Union of the said States.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
Ordered, That Mr. Clowes return the foregoing report, reso- lution and certificate, with the concurrence of the Council thereto respectively, and the public accounts and vouchers, to the House of Assembly.
Mr. Clowes, being returned, reported the delivery of the above according to order.
Adjourned till to-morrow morning, 10 o'clock.
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THURSDAY, February 4, 1779.
The Council met. Present all the members, except Messrs. Conwell, Bassett, and Read.
Resolved, That the Speaker and Mr. Bassett revise and correct the minutes of this House and have the same printed .*
WHEREAS the General Assembly of Delaware, by their joint resolution of the 3d February instant, empowered and directed the Speakers of the Council and House of Assembly to draw their orders on the 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 Trea- surer, and to direct the payment of the said sums respectively into the Treasury of the United States, there to be placed to the credit of this State,
You are hereby directed to pay the said sixty thousand dollars into the said Treasury of the United States forthwith, and also the one hundred and fifty thousand dollars when the same, or any fourth thereof, may come to your hands, and have the same placed to the credit of this State, and the same payments shall be allowed you on settlement of your accounts with the committee of the General Assembly for that purpose to be appointed.
Then the Council allowed the following accounts, brought in at their present meeting, for services rendered the State and ex- penses incurred during their attendance on the Council, viz :
No. I. To Col. French Battell's account, as ad- £ 420 15 9
justed,
No. 2. To Samuel Patterson, Esq., his account for traveling charges, 6 00
Carried over, £ 426 15 9
* The motion to adopt and the note of passage of this and the subsequent reso- lution are absent in the original minutes.
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Brought over, . £ 426 15 9
No. 3. To William Polk, Esq., ditto, 2 10 0
4. To John Clowes, Esq., ditto, 3.00
5. To Peter Hyatt, Esq., ditto, . 1 10 O
6. To William Conwell, Esq., ditto, 3 00
7. To George Read, Esq., ditto, 9 06
8. To Benjamin Vining, as Clerk of Council, . 20 10 0
9. To Thomas North, barber, his account, . 17 50
IO. To John Bullen, his account for forage, 9 12 0
II. To sundries from Mr. Battell, 3 17 6
Total,
£ 516 0 9
Ordered, That the Speaker draw orders on the Trustees of the Loan Offices of Kent and Sussex Counties, in equal pro- portions, for the said sum of five hundred and sixteen pounds and nine pence, in favor of Mr. French Battell.
Whereupon the said orders were drawn, and the Council ad- journed till the 17th day of May next, to meet at the Town of Dover.
* This total is {19 more than the items show, but so it is recorded.
AN
MINUTES OF COUNCIL.
MAY, 1779.
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, MAY, 1779.
At a meeting of the Council at the Town of Dover, in the County of Kent, by adjournment, on Monday, the 17th day of May, Anno Domini 1779, a sufficient number of the members to compose a House not attending, the Council adjourned from day to day until Monday, the 24th day of this instant.
MONDAY, May 24th, 1779.
The following members attended in the Council, viz :
For New Castle County-Peter Hyatt.
For Kent County-The Honorable Thomas Collins, Richard Bassett, John Baning.
For Sussex County-William Conwell, William Polk, John Clowes.
On motion,
Resolved, That a committee of two be appointed to wait on his Excellency, the President, and inform him that a sufficient num-
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ber of the members of the Council have met to form a House, and are ready to receive any business which he may have to lay be- fore them.
The gentlemen chosen : Mr. Bassett and Mr. Conwell.
The committee, being returned, reported that they had waited on his Excellency, the President, with the above message, ac- cording to order, when he was pleased, in answer, to say that he had laid all the business which he had before the General As- sembly, by message, which was delivered to the Speaker of the House of Assembly.
Adjourned till to-morrow morning, 10 o'clock.
TUESDAY, A. M., May 25th, 1779.
The Council met. Present the same members as on yesterday.
Mr. Cook, a member of Assembly, was admitted and delivered to the Chair a message from the President to the General Assem- bly, inclosing a letter from the President of Congress of the 7th April, and two acts of Congress, the one, of the 23d March, for regulating the Clothing Department, the other, of the 5th April, providing for the pay of the officers employed in it ; also a letter from Mr. Pomeroy, Commissioner for settling all accounts of arrearages for clothing for the year 1777, requesting a return of the expenditures of this State, and an act of Congress of the 2d March to that effect.
The same member also delivered a letter from the President of the State of New Hampshire, inclosing an act of the General Court of that State to prevent the return into that State of certain persons therein mentioned, &c.
The same member also delivered to the Chair a copy of the President's Proclamation for suspending part of the act "to prohibit the exportation of provisions from this State beyond the seas for a limited time," so far as the same relates to the Massa-
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chusetts Bay ; with a letter from the President of Congress, in- closing an act of that body for affording relief to the distressed inhabitants of the Island of Bermuda, and a resolution of the House of Assembly prohibiting the exportation of Indian Corn to the Island of Bermuda.
On motion, by order, the foregoing message, and its inclo- sures, were severally read, and the said message follows in these words, viz :
"Gentlemen of the General Assembly :
"Since your last sitting I received a letter from the honora- "ble the President of Congress, with an act of that honorable "body, dated the ninth day of March last, recommending it to "the several States to make up and complete their respective "battalions to their full complement, by drafts, or in any other "manner they shall think proper, and to have their quotas of "deficiencies ready to take the field and to march to such" place "as the Commander-in-Chief shall direct without delay, &c. As "there is not a power vested in any but the General Assembly "to comply with the act on the part of this State, and as this is "the first opportunity I have had, I must now, tho' late in the "year, beg leave to lay the letter and act, with a return of the "regiment, before your Honors for consideration.
"The Secretary will lay before your Honors, with the Presi- "dent's letter, two acts of Congress, one of the twenty-third of "March, for regulating the Clothing Department, the other, of "the fifth of April, providing for the pay of the officers employed "in it. He will also lay before you a letter from Mr. Pomeroy, "the Commissioner appointed to settle and pay all accounts of "arrearages for clothing due to the troops of these States for the "year seventeen hundred and seventy-seven, requesting a return "of the expenditures of this State, and also an act of Congress, "dated the second of March, to that effect.
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