Minutes of the Council of the Delaware state from 1776 to 1792, V 1, Part 26

Author: Delaware. General Assembly. Senate. 1n
Publication date: 1887
Publisher: Wilmington, The Historical Society of Delaware
Number of Pages: 1266


USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 26


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" By the Secretary I have sent you a letter from his Excellen- "cy, the President of the State of New Hampshire, inclosing an "act of the General Court of that State 'to prevent the return- "ing into the State certain persons therein named, and others " who have left or shall leave that State, or either of the United "States of America, and have joined or shall join the enemies "thereof.'


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MINUTES OF THE COUNCIL OF


" Permit me to inform your Honors that, in virtue of a recom- "mendation of Congress, I have, with the advice of the Privy "Council, suspended, by proclamation under the Great Seal, a "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 State of Massachusetts Bay, and now send "you, with a copy of the proclamation above mentioned, a "recommendation of Congress for affording relief to the dis- " tressed inhabitants of Bermuda.


"Gentlemen-I have just received, and beg leave to lay before "you for consideration, a letter from the Honorable John Dick- "inson, Esquire, one of the Delegates in Congress on the part "of this State, by which you will find Congress have called upon "the United States, in addition to the sum required by a resolu- "tion of the second of January last, for their respective quotas " of five millions of dollars, to be paid into the Continental Trea- "sury before the first day of January next ; that the quotas are "to be in the same proportion with those of the fifteen million, "and that the quota of this State will be four hundred and fifty " thousand dollars.


" You will receive herewith a remonstrance, signed by a num- "ber of the officers of the Delaware Regiment, addressed to the "House, and just put into my hands to lay before you.


"Dover, May 24th, 1779. CÆSAR RODNEY."


On motion, by order,


The resolution of the House of Assembly prohibiting the ex- portation of Indian corn to the Island of Bermuda was read the first time.


Adjourned till 3 o'clock, P. M.


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THE DELAWARE STATE, 1779.


EODEM DIE, P. M.


The Council met.


On motion, by order, the resolution prohibiting the exporta- tion of Indian corn to the Island of Bermuda was read the second time and rejected ; and thereupon


Resolved, That a committee of two be appointed on the part of the Council to confer with a committee of the House of As- sembly on the subject matter of the resolution of Congress for affording relief to the distressed inhabitants of Bermuda, and the resolution of the House of Assembly founded thereon.


The members chosen : Mr. Clowes and Mr. Bassett.


Ordered, That Mr. Conwell return to the House of Assembly the foregoing resolution of Congress, and the resolution of the Assembly founded thereon, and deliver the following verbal mes- sage from the Council to the House of Assembly, viz :


Gentlemen :


The Council took into consideration your resolution of yester- terday respecting the exportation of Indian corn from this State to the Island of Bermuda, for the relief of the distressed inhab- itants there, and beg leave to inform your honorable House that, as at present advised, they cannot concur with you, and therefore propose that a committee of both Houses be appointed to confer on the subject matter of the said resolution, if agreeable to your honorable House, and do accordingly appoint, on the part of this House, for the purpose aforesaid, Messrs. John Clowes and Richard Bassett, who will attend your committee when and where they shall appoint.


Mr. Conwell, being returned, reported the delivery of the above papers according to order.


Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair the answer of the House of Assembly to the above verbal message of the Council, which was read, and is in these words, viz :


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"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., May 25, 1779.


"Read the first time, and the House, on their part, appoint "Messrs. Lea, Ridgely, and Latimer conferees for the purpose "aforesaid.


" Extract from the minutes.


"JAS. BOOTH, Cl'k of Assembly."


Adjourned till to-morrow morning, 8 o'clock.


WEDNESDAY, A. M., May 26, 177g.


The Council met. Present the same members as on yesterday.


Some of the members attending the committee of conference, the Council adjourned till three o'clock, P. M.


EODEM DIE, P. M.


The Council met.


The committee of conferees on the subject matter of the reso- lution of the House of Assembly prohibiting the exportation of Indian corn from this State to the Island of Bermuda for the relief of the distressed inhabitants there, now made their report, which, by order, was read and agreed to.


On motion, by order,


The supplementary bill to the act of pardon was read by para- graphs, and sundry amendments were proposed and agreed to.


Ordered, That the same be transcribed and sent, with the said


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THE DELAWARE STATE, 1779.


bill, to the House of Assembly for consideration and concurrence, by Mr. Baning.


On motion of Mr. Polk, for leave of absence till ten o'clock on Monday next, the same was granted.


Adjourned till to-morrow morning, 8 o'clock.


THURSDAY, A. M., May 27th, 1779.


The Council met. Present the same members as on yesterday, except Mr. Polk.


Mr. Baning now reported the delivery of the papers committed to him, according to the order of yesterday.


Mr. Davis, a member of Assembly, was admitted and delivered to the Chair the accounts and vouchers of the Clothier-General, with the report of the Joint Committee for Public Accounts thereon.


On motion,


Resolved, That a committee be appointed to prepare and bring in a bill, by way of supplement to an act entitled "An act to pro- hibit the exportation of provisions from this State beyond the seas for a limited time."


The members chosen : Mr. Bassett and Mr. Clowes.


On motion, by order,


The report of the Joint Committee for Public Accounts on the Clothier-General's accounts, was read the first time.


By special order the same was read the second time and agreed to, and is as follows, viz :


"The joint committee appointed for settling and adjusting the public accounts, report that they have examined the accounts "of expenditures of George Craghead, Esq., Clothier-General "of this State, and find a balance due from the said George


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"Craghead to this State of two hundred and fifty-six pounds ten "shillings and two pence. In the examination of the account "they find that he has charged a commission of five per cent. "on all his purchases, as also on the sum of two thousand three "hundred and twenty pounds paid to the officers of the Dela- "ware Regiment, voted to them by a resolution of the General " Assembly as a compensation for their former services, which "commissions, your committee think, are too large and extrava- "gant for that last mentioned service, and that two and a-half "per cent. will be a sufficient allowance for paying away that "sum, and have therefore charged him with the sum of fifty- "eight pounds, it being the difference between the five per cent. "and two and a-half per cent. All which your committee sub- "mit to the consideration of the House."


Ordered, That Mr. Hyatt return to the House of Assembly the foregoing accounts and vouchers of the Clothier-General, with the report of the Joint Committee of Public Accounts there- on, agreed to by the Council.


Mr. Hyatt reported the delivery thereof according to order.


The committee appointed to prepare and bring in a bill, by. way of supplement to an act entitled "An act to prohibit the exportation of provisions from this State beyond the seas for a limited time," now delivered one at the table.


On motion, by order, the said bill was read the first time.


By special order the same was read the second time.


The same, by order, was read a third time by paragraphs and will pass.


Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence, by Mr. -.


Adjourned till to-morrow morning, 8 o'clock.


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THE DELAWARE STATE, 1779.


FRIDAY, A. M., May 28th, 1779.


The Council met. Present the same members as on yesterday, and also Mr. Read.


Mr. Stout, a member of Assembly, was admitted and presented to the Chair a message from his Excellency, the President, to the General Assembly, inclosing a memorial addressed to him by Capt. William Murray, of the Island of Bermuda, praying leave to exchange salt for corn.


The same member also delivered to the Chair a resolution of the House of Assembly for a draught of twelve thousand dollars in favor of the Clothier-General, with a resolution of that House for the sale of divers articles of clothing by the said Clothier- General.


On motion, by order,


The President's message and Capt. Murray's memorial, ac- companying the same, were severally read, and the said message is in these words, viz :


"Gentlemen of the General Assembly :


"Since my message of the 24th instant, I have received, and "now beg leave to lay before you, a letter from the President of "Congress, with an act of that honorable body calling on the "States for forty-five millions of dollars.


" The Secretary will lay before your Honors, for consideration, "the application of Captain William Murray, of the Island of " Bermuda, for leave to exchange salt for corn, and I am to in- "form you that Mr. Murray wishes to be called before the House " and examined touching his application.


"Dover, May 28th, 1779. CÆSAR RODNEY."


On motion, by order,


The resolution of the House of Assembly for a draught of twelve thousand dollars in favor of the Clothier-General, was read the first time.


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MINUTES OF THE COUNCIL OF


By special order the same was read the second time, con- curred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, " THURSDAY, P. M., May 27th, 1779.


" On motion,


"Resolved, That the Speakers of both House be empowered "and directed to draw upon William McClay, Commissioner for "the sale of Forfeited Estates in the County of New Castle, for "the sum of twelve thousand dollars in favor of George Crag- "head, Esq., Clothier-General of this State, to enable him to "furnish each officer of the Delaware Regiment with the clothes "allowed by the General Assembly to the said officers for the "present year.


" Extract from the minutes.


"JAS. BOOTH, Cl'k of Assembly.".


On motion, by order,


The resolution of the House of Assembly for the sale of divers articles of clothing by the Clothier-General, was read the first time.


By special order the same was read the second time, and some amendments were proposed and agreed to.


Ordered, That the same be transcribed.


Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met.


Ordered, That Mr. Baning return to the House of Assembly the resolution for a draught of twelve thousand dollars in favor of the Clothier-General, with the concurrence of the Council thereto, and also the resolution for the sale of divers articles of clothing by the Clothier-General, with a paper of amendments proposed thereto by the Council.


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THE DELAWARE STATE, 1779.


Mr. Baning, being returned, reported the delivery of the same according to order.


Mr. Peery, a member of Assembly, was admitted and delivered to the Chair an act of Congress recommending to the several States to complete their respective battalions to their full comple- ment, with a resolution of the House of Assembly for filling up the Delaware Regiment, and the return of said regiment, a re- monstrance from the officers of the same regiment, and the reso- lutions of the House of Assembly for the encouragement of the officers thereof.


On motion, by order,


The foregoing resolutions, return and remonstrance were sev- erally read the first time. -


Mr. Latimer, a member of Assembly, was admitted and de- livered to the Chair a resolution of the House of Assembly respecting the clothing of the Delaware Regiment, and also the resolution for the sale of divers articles of clothing by the Clothier-General, with the amendments proposed thereto by the Council acceded to by the House of Assembly.


On motion, by order,


The foregoing resolution respecting the clothing of the Dela- ware Regiment was read, concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, "FRIDAY, P. M., May 28th, 1779.


"WHEREAS George Craghead, Esq., Clothier-General, hath "informed the House that there are divers quantities of woollen "cloth, &c., belonging to this State, in the hands of Lieutenant "Colonel Charles Pope, of the Delaware Regiment, and others,


"Ordered therefore, That the said Clothier-General receive "of Colonel Pope all the cloths, blankets, and other articles " of clothing in his hands belonging to this State, and also that "he receive of all other persons such clothing or articles thereof "as they may have in possession belonging to the State, and "apply the same towards clothing the Delaware Regiment, first "returning an exact account of each article so obtained, and


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"from whom, to the President of the State, to be laid before the "General Assembly at their next sitting.


"Extract from the minutes.


"JAS. BOOTH, Cl'k of Assembly."


Ordered, That Mr. Read return the foregoing resolution to the. House of Assembly, concurred in by the Council.


Adjourned till to-morrow morning, 8 o'clock.


SATURDAY, A. M., May 29th, 1779


The Council met. Present the same members as on yesterday, and also Mr. Polk.


On motion,


The President's message of the 28th instant, with the memorial of William Murray, of the Island of Bermuda, was read a second time and taken into consideration.


Resolved, That it is the opinion of this House that the distress of the inhabitants of the said Island of Bermuda ought to be re- lieved by a speedy supply of provisions from this State, and that power be given to the President, with the advice of the Privy Council, to grant his license for the same to such persons whose attachment to the United States is vouched or known, and that a bill be prepared and brought in for this purpose.


Whereupon such a bill is laid upon the table.


On motion, ordered that the same be read the first time.


By special order the same was read the second time, and it will pass.


Ordered, That the said bill be engrossed.


Ordered also, That the said bill engrossed be sent, with the President's message of the 28th instant, and Captain Murray's


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THE DELAWARE STATE, 1779.


memorial, to the House of Assembly, for their consideration and concurrence, by Mr. Read.


Mr. Read, being returned, reported the delivery of the several papers committed to him, according to order.


Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met.


Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair the bill for the relief of the inhabitants of the Island of Bermuda, concurred in by that House and signed by their Speaker, with a resolution of the House of Assembly for affixing the Great Seal to the same.


On motion, ordered that the said bill be now signed by the Speaker of the Council, and that the same pass into a law.


Ordered also that the Speaker sign the resolution for affixing the Great Seal to the said bill, and that the same be delivered to the President.


Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair the public accounts and vouchers, and the report of the Joint Committee of Public Accounts, and a resolu- tion of the House of Assembly for the advance of three hundred dollars to Captain Learmouth.


On motion, by order, the said resolution was read the first time.


Adjourned till Monday morning, 10 o'clock.


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MONDAY, May 31st, 1779.


The Council met. Present all the members as on Saturday, except Messrs. Clowes, Polk and Conwell.


On motion, by order,


The resolution respecting an advance of monies to Captain Learmouth was read and concurred in, and is as follows, viz :


"WHEREAS by Captain Learmouth's enlistment accounts for "the last campaign, a balance appears due to him, but the same "cannot now be settled for want of the vouchers ; therefore


,"Resolved, That the President of this State be requested to "advance three hundred dollars to the said John Learmouth out "of any public monies in his hands, for which the said Lear- "mouth is to be accountable to the General Assembly.


" Extract from the minutes. JAS. BOOTH,


" Sent for concurrence. Cl'k of Assembly."


Ordered, That Mr. Hyatt return the foregoing resolution to the House of Assembly, concurred in by the Council.


Mr. Hyatt reported the delivery thereof according to order.


Adjourned till to-morrow morning, 10 o'clock.


TUESDAY, A. M., June Ist, 1779.


The Council met. Present the same members as on yesterday, and also Messrs. Clowes and Conwell.


Adjourned till 3 o'clock, P. M.


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THE DELAWARE STATE, 1779.


EODEM DIE, P. M.


The Council met.


Mr. Latimer, a member of Assembly, was admitted and de- livered to the Chair a bill for the recovery of sundry sums of money from the executrix of Jacob Kollock, deceased, with the report of the committee for settling the Loan Office accounts in the year seventeen hundred and seventy-six.


The same member also delivered a memorial from Capt. Allen McLane, of the 28th April, 1779, addressed to the Congress of the United States, accompanied with an act of Congress, founded thereon, enclosed in a letter from the President of Congress to the President of this State, and a report of the Joint Committee of Accounts upon the same memorial, accounts and vouchers of Capt. Allen McLane.


On motion, by order,


The foregoing memorial of Capt. Allen McLane, and the act of Congress indorsed thereon, and the report of the Joint Com;' mittee of Accounts on the said memorial and accounts, were severally read, and the said report of the Joint Committee of Accounts was concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, " TUESDAY, A. M., June Ist, 1779.


"The Committee of Accounts, to whom were referred the "memorial of Captain McLane, &c., made their report, which "was read and agreed to by the House, and follows in these words, viz :


"The Joint Committee of Accounts, to whom were referred "the memorial of Captain McLane and the resolution of Con- "gress thereon, beg leave to report that they have carefully ex- "amined his accounts and all the circumstances attending them, "and find that Capt. McLane has received the same allowance, "at settlement of his accounts with the auditors, that the officers "of the Delaware Regiment have, but that Capt. McLane, from "his particular situation, not being under the direction of any "State, and not having similar orders for recruiting with the


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" officers belonging to particular States, he was obliged to pur- "sue those of his colonel, whereby he incurred an extraordinary "expense, amounting to three hundred and nine pounds four- "teen shillings and four pence, which your committee think "should be allowed him, and be charged by this State to the "Continent, agreeable to the aforesaid resolution of Congress, "indorsed on his memorial.


" On motion,


"Resolved, That the Speakers of both Houses draw on the "State Treasurer for the aforesaid sum of three hundred and "nine pounds fourteen shillings and four pence in favor of Capt. " Allen McLane.


" Extract from the minutes.


"JAS. BOOTH, Cl'k of Assembly."


Ordered, That the same be returned to the House of Assem- bly, with the concurrence of the Council thereto, together with Capt. McLane's memorial, accounts and vouchers, and the act of Congress indorsed thereon, and the President's letter, by Mr. Clowes.


Mr. Cook, a member of Assembly, was admitted and delivered to the Chair an act of Congress, of the 16th December last, for annexing Captain Allen McLane's company to the Delaware Regiment, and a copy of General Washington's order to the commanding officer of the Delaware Regiment to annex Capt. McLane's company to the said regiment, together with a memo- rial from Captain McLane to the General Assembly, praying leave to be annexed to the Delaware Regiment, and a resolution of the House of Assembly for that purpose, founded on the said memorial.


On motion, by order, the foregoing papers were severally read, and the resolution of the House of Assembly for annexing Capt. McLane's company to the Delaware Regiment, was concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., June 1, 1779.


" A memorial from Captain Allen McLane was presented to "the Chair, and, by order, read the first time, and thereupon


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THE DELAWARE STATE, 1779.


"Resolved, That Captain Allen McLane, his officers, and the "non-commissioned officers and privates of his company, be "annexed to the battalion or regiment of this State, agreeable "to the resolution of Congress of the 16th of December last, "and the direction of his Excellency the Commander-in-Chief "of the Army, and that they be allowed the same pay, emolu- "ments and advantages with the other officers and men belong- "ing to the same regiment, and be in all respects considered as "part of the same corps.


" Extract from the minutes.


"JAS. BOOTH, Cl'k of Assembly.",


Ordered, That Mr. Clowes return the said resolution to the House of Assembly concurred in by the Council, together with the foregoing act of Congress, General Washington's order, and Captain McLane's memorial.


Adjourned till to-morrow morning, 10 o'clock.


WEDNESDAY, A. M., June 2d, 1779.


The Council met. Present the same members as on yesterday.


Mr. Clowes now reported the delivery of the several papers committed to him, according to the order of yesterday.


Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met.


Doctor Clayton, a member of Assembly, was admitted and delivered to the Chair a bill entitled "An act for the better pro- portioning the punishment to the crime of slave and horse steal- ing and conjuration, and for other purposes."


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On motion, by order, the foregoing bill was read the first time.


On motion, by order,


The resolutions of the House of Assembly for filling up the Delaware Regiment were read a second time, and sundry amend- ments were proposed and agreed to.


Ordered, That the same be transcribed and sent, with the said resolutions, to the House of Assembly, for their consideration and concurrence, by Mr. Polk.


Who, being returned, reported the delivery thereof according to order.


On motion, by order,


The bill for the recovery of sundry sums of money from the executrix of Jacob Kollock, deceased, &c., was read the first time.


On motion, by order,


The resolutions of the House of Assembly for the encourage- ment of the officers of the Delaware Regiment were read the . second time and deferred for consideration.


Adjourned till to-morrow morning, 10 o'clock.


THURSDAY, A. M., June 3d, 1779.


The Council met. Present the same members as on yesterday. Adjourned till 3 o'clock, P. M.


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THE DELAWARE STATE, 1779.


EODEM DIE, P. M.


The Council met.


Mr. Kollock, a member of Assembly, was admitted and de- livered to the Chair the resolutions for filling up the Delaware Regiment, with the amendments proposed thereto by the Council acceded to by the House of Assembly and made therein.


The same member also delivered a bill for the better securing elections within this State.


The same member also delivered a bill to increase the fines and penalties on the civil and military officers and the privates of the Militia for refusal or neglect of duty, and to augment the fees of several officers and other persons, and also the following order of the House of Assembly respecting their adjournment, viz :


"IN THE HOUSE OF ASSEMBLY, "THURSDAY, A. M., June 3d, 1779.


" On motion,


"Ordered, That Mr. Kollock wait on the Council and inform "them that this House intend to adjourn on Saturday next to "the thirtieth day of September following.


"Extract from the minutes.


"JAS. BOOTH, Cl'k of Assembly."


On motion, by order,


The resolutions for filling up the Delaware Regiment, as amended and agreed to, were read and concurred in, and are as follows, viz :


"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, June 3d, 1779.


"WHEREAS by a return of the present state of the Delaware


"Regiment, the same appears to be deficient in numbers ; in


"order, therefore, to fill up the said regiment


"Resolved, That the President be requested to apply to Gen-


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"eral Washington, or the commanding officer of the regiment "aforesaid, forthwith to order three or more officers from the "said regiment into this State upon the recruiting service.


"Resolved also, That every officer be allowed one hundred " dollars for each able-bodied soldier he may enlist to serve dur- "ing the war, and who shall pass muster.




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