Minutes of the Council of the Delaware state from 1776 to 1792, V 1, Part 27

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 27


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" That an additional bounty of eighty dollars, over and above "the two hundred dollars allowed by Congress, be given to every "soldier that may be so enlisted.


" That the President be authorized to appoint one or more fit "persons within this State to muster such recruits.


"That the Speakers of both Houses be empowered to draw "an order on the State Treasurer in favor of the President for "thirty-six thousand dollars, and that the President, on receipt "of the same, advance thereout from time to time to the officers "respectively appointed to recruit for the said regiment such "sum or sums as he shall judge prudent and necessary to enable "them to proceed in the said service.


"That the said officers respectively, before they depart the "State, when called upon by the President, shall account with " him for the expenditure of all monies received for the purpose " aforesaid.


" Extract from the minutes.'


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


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


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THE DELAWARE STATE, 1779.


FRIDAY, A. M., June 4th, 1779.


The Council met. Present the same members as on yesterday. On motion, by order,


The bill for the better securing elections within this State was read the first time.


On motion, by order,


The bill to increase the fines and penalties on civil and military officers, and the privates of the Militia, for refusal or neglect of duty, &c., was read the first time. -


On motion for leave to bring in a bill for the speedy recovery of public debts, the same was granted ; whereupon a bill for that purpose was laid on the table.


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


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


On motion, by order,


The bill for the better proportioning the punishment to the crime of slave and horse stealing, &c., was read the second time by paragraphs, and some amendments were proposed, agreed to and ordered to be transcribed.


Ordered, That Mr. Conwell return to the House of Assembly the last-mentioned bill, with the paper of amendments proposed thereto by the Council, and also the resolutions for filling up the Delaware Regiment, with the concurrence of the Council thereto, and to deliver to that House the bill for the speedy recovery of public debts, for their consideration and concurrence.


Adjourned till 3 o'clock, P. M.


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MINUTES OF THE COUNCIL OF


EODEM DIE, P. M.


The Council met.


Mr. Conwell now reported the delivery of the above papers ac- cording to order.


Mr. Patterson now appeared in the Council.


The Council now took into consideration the resolutions of the House of Assembly for the encouragement of the officers of the Delaware Regiment, and several amendments, by way of addi- tion to the same, were proposed and agreed to.


Ordered, That Mr. Polk return the said resolutions and trans- cribed amendments to the House of Assembly, for their concur- rence.


Mr. Polk, being returned, reported the delivery thereof ác- cording to order.


On motion, by order,


The bill for the recovery of sundry sums of money from the executrix of Jacob Kollock, deceased, was read the second time, and sundry amendments were proposed and agreed to.


Ordered, That Mr. Hyatt return the said bill, with the trans- cribed amendments thereto, to the House of Assembly for con- currence, and the copy of the state of the public accounts in Sussex County.


Mr. Peery, a member of Assembly, was admitted and delivered to the Chair a bill for the introducing economy in the purchasing supplies for the Army of the United States.


The same member also delivered to the Chair a resolution of the House of Assembly for the appointment of a committee to settle the State Treasurer's accounts.


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


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THE DELAWARE STATE, 1779.


SATURDAY, A. M., June 5th, 1779.


The Council met. Present all the members.


Mr. Hyatt now reported the delivery of the several papers given to him in charge, according to the order of yesterday.


On motion, by order,


The bill for the better securing elections within this State was read the second time.


The same was read a third time by paragraphs, and sundry amendments were proposed and agreed to.


Ordered, That Mr. Baning return the said bill to the House of Assembly, with the paper of amendments proposed thereto by the Council, for their consideration and concurrence. .


Mr. Baning, being returned, reported the delivery thereof ac- cording to order.


Dr. Clayton, a member of Assembly, was admitted and deliv- ered to the Chair a bill for raising an additional sum of four hun- dred and ninety-five thousand dollars by a general tax.


The same member also delivered to the Chair the report of the committee appointed to state an account of expenditures by this State on behalf of the Continent, with the report of the Joint Committee of Accounts, and the public accounts and vouchers.


The same member also delivered to the Chair the resolutions for the encouragement of the officers of the Delaware Regiment, with the paper of amendments proposed thereto by the Council, in part acceded to by the House of Assembly.


On motion, by order,


The bill for raising an additional sum of four hundred and ninety-five thousand dollars, &c., by a general tax, was read the first time.


On motion, by order,


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MINUTES OF THE COUNCIL OF


The bill to increase the fines and penalties on civil and military officers, &c., was read the second time.


Mr. Latimer, a member of Assembly, was admitted and return- ed to the Chair the bill for the speedy recovery of public debts, with a paper of amendments proposed thereto by the House of Assembly.


On motion, by order,


The bill for the introducing economy in the purchasing supplies for the Army of the United States was read the first time.


On motion, by order,


The resolution of the House of Assembly for the appointment of a committee to settle the accounts of the State Treasurer was read and concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., June 4th, 1779.


"On motion,


"Resolved, That a committee of three be appointed to settle. "and adjust the accounts of the State Treasurer, and make "report thereof to the General Assembly at their next sitting. "The members appointed, on the part of this House, were "Joshua Clayton and George Latimer, Esquires.


"Extract from the minutes.


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


And thereupon the Council appoint, on their part, John Thomp- son, of New Castle County, Esquire, to join the said committee of the House of Assembly for the purpose aforesaid.


On motion, by order,


The report of the committee appointed to state an account of expenditures by this State on behalf of the Continent, was read the first time.


On motion, by order,


The report of the Joint Committee of Public Accounts was read the first time.


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THE DELAWARE STATE, 1779.


The Council then reconsidered their amendments to the reso- lution of the House of Assembly for the encouragement of the officers of the Delaware Regiment, which was disagreed to by that House, and adhered to the same.


On motion, by order,


The Council took into consideration the amendments proposed by the House of Assembly to the bill for the speedy recovery of public debts, and the same being agreed to were made in the bill, and thereupon


Ordered, That the said bill be engrossed.


Adjourned to 3 o'clock, P. M.


EODEM DIE, P. M ..


The Council met.


Mr. Peery, a member of Assembly, was admitted and delivered to the Chair the bill for the recovery of public monies from the late Trustees of the Loan Office in Sussex County, and others therein named ; the bill for the better proportioning the punish- ment to the crime of slave and horse stealing and conjuration, and for other purposes ; also the supplement to an act entitled "An act of free pardon and oblivion" ; and also the bill for the better securing elections within this State, (with the several amendments proposed to the same bills) respectively signed by the Speaker of the House of Assembly, in order that the said bills may be compared and signed by the Speaker of the Council.


The same member also delivered a resolution of the House of Assembly for affixing the Great Seal of this State to the foregoing bills.


Ordered, That Mr. Clowes return to the House of Assembly the resolutions for the encouragement of the officers of the Dela-


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ware Regiment, and the amendments proposed thereto by the Council, and inform them that the Council still adhere to their amendment partially disagreed to by the House of Assembly.


Mr. Clowes reported the delivery thereof according to order.


Mr. Cook, a member of Assembly, was admitted and delivered the last-mentioned resolutions, with the amendments proposed thereto by the Council generally agreed to by the Assembly and made therein, and the same, as amended, were read and con- curred in, and are as follows, viz :


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


"WHEREAS from the advanced prices of the necessaries of "life the officers of the Delaware Regiment, in the service of the "United States of America, cannot furnish themselves with the "same, with their present pay, without injury to their private "fortunes ; in order therefore to relieve the officers of the said "regiment from the difficulties aforesaid and enable them to con- "tinue in the service of their country,


"Resolved, That the officers of the Delaware Regiment, here- "after mentioned, be allowed monthly, except while on furlough, "until otherwise ordered by the General Assembly, as follows, to "wit : Each field officer, two gallons of rum, six ounces of tea, "two pounds of coffee, two pounds of chocolate, and six pounds "of Muscovado sugar ; each captain, five quarts of rum, five "ounces of tea, one pound and an half of coffee, one pound "and an half of chocolate, and five pounds of Muscovado su- "gar ; each subaltern, four quarts of rum, four ounces of tea, "one pound of coffee, one pound of chocolate, and four pounds "of Muscovado sugar ; the surgeon, four quarts of rum, four "ounces of tea, one pound of coffee, one pound of chocolate, "and four pounds of Muscovado sugar; and the surgeon's mate, "three quarts of rum, three ounces of tea, one pound of coffee, "one pound of chocolate, and three pounds of Muscovado sugar. "That the Clothier-General of this State for the time being be "empowered to purchase such and so many of the articles afore- "said as may be sufficient for a two months' supply and forward "them to camp with all convenient dispatch, to the care and "custody of the Paymaster to the Delaware Regiment for the " time being, to be by him delivered out to the respective officers


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THE DELAWARE STATE, 1779.


"of the said regiment by such proportions and in such times as "in the foregoing resolution is directed.


"That the President be empowered and directed to draw his "order on the State Treasurer forthwith to pay into the hands "of the said Clothier-General the sum of one thousand pounds, " to enable him to make purchase of the articles aforesaid.


" That the President be also empowered and directed to draw " his order, from time to time thereafter, on the State Treasurer, "to pay to the said Clothier-General such sum of money as the " President shall judge necessary and sufficient for purchasing a "quarterly supply of the articles allowed to the officers of the "regiment as aforesaid, so as the same do not exceed the sum "of one thousand and four hundred pounds in each quarter, the "said Clothier-General returning from time to time to the Presi- ' "dent a particular account of the expenditure of the preceding "monies paid into his hands.


"That the said Clothier-General obtain from the Paymaster "his quarterly account of deliveries, attested by the command- "ing officer of the regiment, and that the said Clothier-General "account with the General Assembly, or a committee thereof, "for the expenditure of all monies so as aforesaid paid into his "hands once in every six months at the least.


" That the Clothier-General give bond to the State Treasurer, "in the name of the Delaware State, with one or more good and "sufficient sureties, in the sum of five thousand pounds, lawful "money, conditioned for the faithful performance of the duties " hereinbefore required of him.


" That in consideration of the services rendered by the officers " of the said regiment, and to encourage the continuance thereof, "the half-pay of each officer of the said regiment, who by a "certain resolution of Congress shall be entitled to half-pay for "the term of seven years, to commence at the end of the present "war, be continued by this State from and after the expiration of "the said seven years for and during the life of every such officer.


"That every officer of the said regiment who shall be entitled "to the continuance of the half-pay, agreeable to the last reso- "lution, shall be subject to be called into actual service at such "times as the Legislature, or, in their recess, the Executive


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"power of the State, shall deem necessary ; and upon the neg- "lect or refusal of any officer, he having no reasonable excuse, "to be judged of by the General Assembly, the half-pay afore- "said of every such officer shall be discontinued from the time " of such neglect or refusal.


"That the widow of every officer of the said regiment who "hath died in the service aforesaid since the commencement of "the present war, or may die during the continuance thereof, "shall be entitled to and receive, during her widowhood, a "moiety of the pay which such officer was entitled to while in " the service.


"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."


On motion, by order,


The several beforementioned bills, respectively signed by the Speaker of the House of Assembly, were read and compared, and ordered to be signed by the Speaker of the Council ; which was accordingly done.


On motion, by order,


The resolution of the House of Assembly for affixing the Great Seal to the same bills, was read, concurred in, and signed by the Speaker.


On motion, by order,


The bill for the speedy recovery of public debts, being en- grossed, was read and compared, and ordered to be signed by the Speaker ; which was accordingly done.


Ordered, That Mr. Bassett deliver to the House of Assembly the last mentioned bill, with its amendments, in order to be com- pared and signed by the Speaker of that House, and inform them that Council have acceded to their proposed amendments to the same bill, and have accordingly engrossed it, with the resolution of the Council for affixing the Great Seal to the same ; and also that he return to the House of Assembly the several foregoing bills, respectively signed by the Speaker of the Council, with their several amendments, and the resolution of the House of Assembly for affixing the Great Seal to the said bills ; the reso-


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THE DELAWARE STATE, 1779.


lution of that House for the appointment of a committee to settle the State Treasurer's accounts, and the resolutions for the encour- agement of the officers of the Delaware Regiment, respectively concurred in by the Council.


Mr. Bassett, being returned, reported the delivery and return of the foregoing papers according to order.


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


SUNDAY, A. M., June 6th, 1779.


The Council met. Present all the members.


On motion, by order,


The bill for raising an additional sum of four hundred and ninety-five thousand dollars for the present year, by a general tax, was read a second time.


The same was read a third time by paragraphs, and sundry amendments were proposed and agreed to.


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


Mr. Baning, being returned, reported the delivery thereof ac- cording to order.


Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met. Adjourned till to-morrow morning, eight o'clock.


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MINUTES OF THE COUNCIL OF


MONDAY, June 7th, 1779.


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


Mr. - , a member of Assembly, was admitted and delivered to the Chair the bill for raising an additional sum of four hundred and ninety-five thousand dollars for the present year, by a gen- eral tax (with its amendments), signed by the Speaker of the House of Assembly, and a resolution of that House for affixing, the Great Seal thereto.


On motion, by order,


The foregoing bill was read and compared, and ordered to be signed by the Speaker of the Council ; which was accordingly done.


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.


Ordered, That Mr. Conwell return to the House of Assembly the foregoing bill and resolution, respectively signed by the Speaker of the Council.


Mr. Conwell reported the return of the above papers accord- ing to order.


On motion,


Resolved, That all monies in the hands of the Commissioners for Forfeited Estates within this State be forthwith paid into the State Treasury, together with their accounts.


Then the Council took into consideration the accounts of their expenses brought in for the service of the State at their present meeting and the traveling charges of their members, and the fol- lowing accounts were allowed, viz :


439


THE DELAWARE STATE, 1779.


To William Conwell, Esq., for his traveling expenses


to and from Dover, as per account, No. I, . 12 0 0


To John Clowes, Esq., for ditto, No. 2, . 18


To Peter Hyatt, Esq., for ditto, No. 3, 6 2 6


To Samuel Patterson, Esq., for ditto, No. 4, 6 0 0


To George Read, Esq., for ditto, No. 5,


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£ 48 26 To Jonathan McNatt, for attending the General As- sembly's horses, 149 days @7s. 6d., &c., No. 6, 87 7 6


To Benjamin Vining, for his services as Clerk of the Council, No. 7, 16 26


To Thomas North, barber's bill, No. 8, 5 10 0


To French Battell, for the expenses of the Council at his house, No. 9, 540 19. 8


Servants,


£698. 2 2 6 00


£ 704 . 2 2


Ordered, That the Speaker draw an order on the Trustee of the Loan Office for the County of Kent for the sum of eighty- seven pounds seven shillings and six pence, in favor of Jonathan McNatt ; and also that he draw an order on the State Treasurer for the remaining sum of six hundred and sixteen pounds four- teen shillings and eight pence in favor of French McNatt .*


Whereupon the said orders were immediately drawn and signed by the Speaker.


Then the Council adjourned until the thirtieth day of Septem- ber next.t


* Evidently an error in the manuscript, as appears by the preceding allowance. t There is no record of the assembling of the Council on the day to which they stood adjourned.


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MINUTES OF COUNCIL.


OCTOBER, 1779.


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VOTES AND PROCEEDINGS


OF THE


COUNCIL OF THE DELAWARE STATE.


At a meeting of the Council at the Town of Dover, in the County of Kent, on Wednesday, the twentieth day of October, in the year of our Lord one thousand seven hundred and seventy- nine, a quorum of the members to form an House not attending, the Council adjourned from day to day until Friday, the 22d day of this instant.


FRIDAY, P. M., October 22d, 1779.


The following members attended in the Council, viz :


For New Castle County-Samuel Patterson.


For Kent County-John Baning, Richard Bassett. For Sussex County-John Clowes, William Conwell.


The return of the Sheriff and Inspectors for the County of New Castle of the election of a Councillor to fill the seat of George Read, Esq., which became vacant on the first day of October last by rotation, being laid on the table, it appears that Richard Cant- well, Esq., was elected a member of the Council for the County of New Castle, in the room of the said George Read, on the first day of October, instant.


Mr. Cantwell appeared in the Council.


The return of the Sheriff and Inspectors for the County of


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MINUTES OF THE COUNCIL OF


Kent of the election of a Councillor being laid on the table, it appears that Thomas Collins, Esq., whose seat became vacant on the first day of October last by rotation, was reelected a mem- ber of the Council for the County of Kent, on the first day of this instant, October.


Mr. Collins appeared in the Council.


The return of the Sheriff and Inspectors for the County of Sussex of the election of a Councillor being laid on the table, it appears that William Polk, Esq., whose seat became vacant on the first day of October last by rotation, was reelected a member of the Council for the County of Sussex, on the first day of this instant, October.


Mr. Polk appeared in the Council.


The Council then proceeded to the choice of a Speaker, and John Clowes, Esq., was elected.


The Speaker being seated in the Chair, Mr. Benjamin Vining was appointed Clerk of the Council, and Benjamin Crooks ap- pointed Doorkeeper and Sergeant-at-Arms.


Messrs. Cantwell, Collins and Polk, three members chosen at the last general election, took the oath and subscribed the decla- ration prescribed by the twenty-second article of the Constitution of this State, and then took their seats in the Council. [See note on page ro.]


Benjamin Vining appeared in the Council, took the oath and subscribed the declaration prescribed by the 22d article of the Constitution of this State, and also took the oath of office as Clerk of the Council. [See note on page 11.]


On motion,


Ordered, That Messrs. Collins and Patterson be a committee to wait on his Excellency, the President, and inform him that the Council, having now met, desire to know whether his Excellency has any business to lay before them.


The committee, being returned, reported that they had waited on his Excellency, the President, with the above message, ac- cording to order, and that he was pleased, in answer, to say, that


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THE DELAWARE STATE, 1779.


all the business which he had to lay before the General Assembly was communicated, by his Secretary, to the House of Assembly, to be handed by them to the Council.


Adjourned till to-morrow morning, 9 o'clock.


SATURDAY, October 23d, 1779.


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


Mr. Peery, a member of Assembly, was admitted and delivered to the Chair a resolution of the House of Assembly for the. ap- pointment of a Committee for Public Accounts, which, by order, was read the first time.


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


" IN THE HOUSE OF ASSEMBLY, "FRIDAY, P. M., October 22d, 1779.


"On motion,


"Resolved, That Messrs. Latimer, Lockwood, and Young be "a Committee for Public Accounts, on the part of this House, "for the ensuing year, and that Mr. Peery wait on the Council, "with a copy of this resolution, and propose to them the ap- "pointment of a committee of their body to join with the com- "mittee of this House in the business referred to them, if they "think proper.


"Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl'k of Assembly."


And thereupon


Resolved, That Messrs. Baning and Polk be appointed a com- mittee, on the part of the Council, to join with the committee of the House of Assembly for the purpose above mentioned.


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MINUTES OF THE COUNCIL OF


Ordered, That Mr. Patterson return to the House of Assembly the above resolution, with the concurrence and appointment of the Council thereto.


Mr. Patterson, being returned, reported that he had returned the same, according to order, to the House of Assembly.


Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair "A bill empowering the General Assembly of this State to adjourn to, and sit at, any town or place within the same."


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


By special order the same was read the second time by para- graphs, and sundry amendments were proposed and agreed to.


Ordered, That the said amendments be transcribed and sent, 1 with the said bill, to the House of Assembly, for their considera- tion and concurrence, by Mr. Patterson.


Mr. Patterson, being returned, reported the return of the above papers according to order.


Adjourned till Monday morning at 10 o'clock.


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MONDAY, A. M., October 25th, 1779.


The Council met. Present the same members as on Saturday, except Mr. Bassett.


Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair a remonstrance from divers inhabitants of the County of Kent, complaining of malpractices at the last general election in that county, accompanied with a proposal from the House of Assembly that the Council would appoint a committee of their body to join, with a committee of the House of Assembly, in an inquiry into the facts alleged in the said remonstrance.




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