USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 28
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On motion, by order, the said remonstrance and proposal were severally read the first and second time, and thereupon
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THE DELAWARE STATE, 1779.
Resolved, That Messrs. Polk and Cantwell be a committee, on the part of the Council, to join with the committee of the House of Assembly in the inquiry aforesaid.
Ordered, That Mr. Conwell return to the House of Assembly the foregoing remonstrance, and inform them that the Council have acceded to their proposal of a joint committee to inquire into the facts alleged in the said remonstrance, and have ap- pointed, on their part, Messrs. Polk and Cantwell to join the committee of the House of Assembly for the purpose aforesaid.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M .*
The Council met. Some of the members attending on the committee, the Council adjourned till to-morrow morning at Io o'clock
TUESDAY, A. M., October 26th, 1779.
The Council met. Present the same members as on yesterday, and also Mr. Hyatt.
Mr. Conwell now reported the delivery of the paper committed to him, according to the order of yesterday.
Mr. William Clark, a member of the House of Assembly, was admitted and delivered to the Chair a paper recommending Ste- phen McWilliam for one of the vacant ensigncies in the Delaware Regiment, accompanied with a recommendatory letter from Maj. Joseph Vaughan, of the same regiment, to the Assembly of the Delaware State, in favor of the said Stephen McWilliam ; and the following verbal message from the House of Assembly to the Council, viz :
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"Gentlemen :
" The House of Assembly propose to your honorable House " that both Houses meet in the Council Chamber at three o'clock "in the afternoon, to put in nomination persons to be balloted "for to supply the place of second Justice of the Court of Com- "mon Pleas and Orphans' Court for the County of Kent, now " vacant, and also to supply one of the vacant ensigncies in the "Delaware Regiment. Dover, Oct. 26, 1779."
On motion, by order,
The foregoing papers were read, and the following answer from the Council to the above verbal message of the House of Assem- bly was drawn up at the table, and agreed to be sent to the House of Assembly, viz :
Gentlemen :
The Council have received your verbal message, proposing a meeting of the two Houses, in the Council Chamber, at three o'clock this afternoon, to put in nomination persons to be bal- loted for to supply the place of second Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, and , also to supply one of the vacant ensigncies in the Delaware Regi -* ment, and are very willing to meet the honorable House of As- sembly for the above purpose at the time and place proposed.
Ordered, That Mr. Conwell deliver the same to the House of Assembly, and return the papers recommending Stephen Mc- William for one of the vacant ensigncies in the Delaware Regi- ment.
Adjourned till 3 o'clock, P. M.
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The Council met.
Mr. Conwell reported the delivery of the foregoing papers com- mitted to him according to order.
The House of Assembly then met the Council in the Council Chamber, agreeable to appointment, to put in nomination per- sons to be balloted for to supply the place of second Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, and to fill one of the vacant ensigncies in the Delaware Regiment.
On motion,
Resolved, That Messrs. Patterson, Ridgely, and West be a committee to wait on his Excellency, the President, and inform him that the General Assembly have now met in the Council Chamber to put in nomination persons to be balloted for to sup- ply the place of second Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, and request his attendance, if he chooses to be present at such nomination.
The committee, being returned, report that they had waited at his Excellency's house and were informed that he was absent, and therefore could not deliver the message they had in charge.
The General Assembly then proceeded to the nomination of persons to be balloted for to supply the vacancies aforesaid, and the names of the persons being taken down for the consideration of the members, it was resolved that the General Assembly now separate, and meet in the Council Chamber, at ten o'clock to- morrow morning, to ballot for the person aforesaid out of the persons now put in nomination. Then the two Houses separated.
Mr. Adams, a member of Assembly, was admitted and deliv- ered to the Chair the bill empowering the General Assembly of this State to adjourn to, and sit at, any town or place within the same, signed by the Speaker of the House of Assembly, together with the original bill and its amendments.
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On motion, by order, the said bill was read, compared, and ordered to be signed by the Speaker of the Council ; which was accordingly done.
Adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, A. M., October 27th, 1779.
The Council met. Present the same members as on yesterday.
Ordered, That the bill empowering the General Assembly of this State to adjourn to, and sit at, any town or place within the same, be returned by Mr. Polk to the House of Assembly, signed by the Speaker of the Council.
Mr. Polk reported the return of the above bill according to order.
The House of Assembly now met the Council in the Council Chamber, agreeable to the order of yesterday, for the purpose of balloting for persons to supply the place of second Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, and to fill one of the vacant ensigncies in the Delaware Regiment.
The General Assembly then proceeded to ballot for a person to fill the latter vacancy, and upon examining the ballots it ap- peared that Stephen McWilliam was declared duly elected one of the ensigns in the Delaware Regiment.
On motion,
Ordered by both Houses, That Messrs. Patterson, Vandyke, and Peery be a committee to wait on his Excellency, the Pre- sident, and acquaint him that the General Assembly have met, in the Council Chamber, to elect a person to supply the place of second Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, and request his attendance at such election, if he thinks proper.
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The committee, being returned, reported that they had waited on his Excellency and delivered the message committed to them, agreeable to order, and that he was pleased, in answer, to say that he would immediately attend the General Assembly.
The President attended, and proceeded with the General As- sembly to ballot for a person to supply the place of second Jus- tice of the Court of Common Pleas and Orphans' Court for the County of Kent, and upon examining the ballots it appeared that Richard Lockwood, Esquire, was declared to be duly elected.
On motion,
Resolved, That the General Assembly now separate,
Then the President and the House of Assembly withdrew, and the Council adjourned till three o'clock, P. M.
EODEM DIE, P. M ..
The Council met.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair the bill empowering the General Assembly of this State to adjourn to, and sit at, any town or place within the same, with a resolution of the House of Assembly for affixing the Great Seal of the State to the said bill.
The same member also delivered to the Chair a message from the President, inclosing an act of Congress recommending Thurs- day, the ninth day of December next, to be observed as a day of public Thanksgiving, with a resolution of the House of Assembly founded on the said act of Congress.
Adjourned till to-morrow morning at 10 o'clock.
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THURSDAY, A. M., October 28th, 1779.
The Council met. Present the same members as on yesterday. On motion, by order,
The resolution of the House of Assembly for affixing the Great Seal to the bill empowering the General Assembly of this State to adjourn to, and sit at, any town or place within the same, was read, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, P. M., October 27th, 1779.
" On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of the State to the following law, to wit : 'An "act empowering the General Assembly of this State to adjourn "to, and sit at, any town or place within the same.'
"" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The President's message, and the act of Congress therein re- ferred to, were severally read, and the said message is as follows, to wit :
"Gentlemen of the General Assembly :
" I have just received, by express, an act of Congress, dated "the 20th instant, recommending to the several States that "Thursday, the ninth day of December next, be appointed a "day of public Thanksgiving, which act I have ordered the "Secretary to lay before your Honors.
"Dover, October 27, 1779. CÆSAR RODNEY."
On motion, by order,
The resolution of the House of Assembly, founded on the fore-
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going act of Congress, was read and concurred in, and is in these words, viz :
"IN THE HOUSE OF ASSEMBLY, " WEDNESDAY, P. M., October 27, 1779.
" The House resumed the consideration of the act of Con- "gress recommending Thursday, the ninth day of December "next, to be observed as a day of public Thanksgiving ; and "thereupon
"Resolved, That Thursday, the ninth day of December next, "be and is hereby appointed to be observed throughout this " State as a day of public and solemn Thanksgiving to Almighty "God for His mercies, and of prayer for the continuance of His " favour and protection to these United States, and for the other "purposes in the said act recommended ; and that his Excel- "Iency, the President of this State, be requested, by his procla- "mation, to publish the same accordingly throughout the same, "on or before the twentieth day of November next.
"Extract from the minutes. JAS. BOOTH, Cl'k of Assembly.''
"Sent for concurrence.
Ordered, That Mr. Conwell return to the House of Assembly the foregoing bill empowering the General Assembly to adjourn to, and sit at, any town or place within the State, with the reso- lution for affixing the Great Seal thereto, respectively signed by the Speaker of the Council, and also the President's message, the act of Congress therein referred to, and the resolution of the House of Assembly founded thereon, concurred in by the Council.
Mr. Conwell reported the delivery of the above papers accord- ing to order.
Adjourned till 3 o'clock, P. M.
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The Council met.
Mr. Latimer, a member of Assembly, was admitted and de- livered to the Chair the remonstrance complaining of malprac- tices at the last general election for Kent County, together with the lists of persons who voted at the said election, &c.
Mr. Young, a member of Assembly, was admitted and deliv- ered to the Chair the papers recommending Stephen McWilliam for one of the ensigncies in the Delaware Regiment, together with an order from the House of Assembly for making out and delivering a copy of the appointment of the said Stephen Mc- William to the President, to be by him transmitted to the Board of War, in order that a commission may issue to the said Stephen McWilliam.
On motion, by order, the above mentioned order of the House of Assembly 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 and sent, with the above papers accompanying the said order, to the House of As- sembly, by Mr. Cantwell.
The committee of the Council appointed to join with a com- mittee of the House of Assembly in making an inquiry into the facts alleged in a remonstrance, addressed to the House of As- sembly, complaining of undue practices at the last general elec- tion in Kent County, now delivered their report at the table, which, by order, was read.
Mr. Stidham, a member of Assembly, was admitted and deliv- ered to the Chair a petition from divers inhabitants of the County of New Castle, praying that measures may be taken to prevent. engrossing and forestalling, and for an amendment to the Militia law.
The Council took into consideration the report of their joint
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committee respecting the making an inquiry into the facts alleged in a remonstrance, addressed to the House of Assembly, com- plaining of undue practices at the last general election in Kent County, and thereupon the same was rejected ; and
Resolved, That the Council, for the dispatch of public business, had hastily concurred in the proposal of the House of Assembly in appointing a committee, to join with a committee of their hon- orable House on the subject matter of the said remonstrance, addressed to the House of Assembly, without having given that attention to the direction of the said remonstrance that might have been wished.
Resolved also, That a message be drawn up at the table and sent to the House of Assembly, signifying the impropriety of the Council having taken up the said business.
Which was done accordingly ; and the same, being read and agreed to, is as follows, to wit :
Gentlemen :
The Council, for the dispatch of business and in compliance with your request, did, on the twenty-fifth inst., appoint Messrs: Polk and Cantwell a committee, to join with a committee of your honorable House in an inquiry into the facts alleged in the re- monstrance (directed particularly to your honorable House) com- plaining of undue practices at the last general election in Kent County. The Council, by the fifth section of the Constitution, are judges of the qualification and election of their own mem- bers, but not of the members of the House of Assembly ; and as the remonstrants address themselves particularly to your honor- able House, the Council cannot think themselves bound thereby to scrutinize the election of their members.
Signed by order of Council.
Dover, October 28, 1779. JOHN CLOWES, Speaker.
On motion of Mr. Polk, for the yeas and nays on the question whether the above message should be approved of by the Council or not, they are as follows, viz :
For the yeas-Mr. Collins, Mr. Patterson, Mr. Cantwell, Mr. Hyatt, Mr. Baning.
For the nays-Mr. Polk, Mr. Conwell.
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Carried in the affirmative ; and thereupon
Ordered, That the said message be transcribed and sent, to- gether with the said remonstrance and papers relative thereto, to the House of Assembly, by Mr. Patterson.
Who, being returned, reported the delivery thereof according to order.
On motion, by order,
The petition against forestalling and engrossing, &c., was read the first time.
Adjourned till to-morrow morning at 9 o'clock.
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FRIDAY, A. M., October 29th, 1779.
The Council met. Present the same members as on yesterday.
Mr. Cantwell now reported the delivery of the papers com- mitted to him, according to the order of yesterday.
On motion, by order,
The petition against engrossing and forestalling, &c., was read the second time and postponed for further consideration.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Bassett appeared in the Council.
Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair the order for transmitting a copy of the appoint- ment of Stephen McWilliam to fill one of the vacant ensigncies
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in the Delaware Regiment to the Board of War, &c., with the amendments proposed thereto by the Council acceded to by the House of Assembly, which was read, concurred in, and is as fol- lows, viz :
"IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, 1
"FRIDAY, P. M., October 29, 1779.
"Ordered, That a copy of the appointment of Stephen Mc- "William to fill one of the vacant ensigncies in the Delaware "Regiment be made out and delivered to the President, and that "his Excellency be requested to transmit the same to the Board "of War, in order that a commission may issue to the said Ste- "phen McWilliam, to bear date the twenty-seventh day of this "instant."
Ordered, That the same, with its amendments, be returned 'to the House of Assembly, with the concurrence of Council thereto, by Mr. Cantwell.
Who, being returned, reported the delivery thereof according to order.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., October 30th, 1779.
The Council met. Present the same members as on yesterday. Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Latimer, a member of Assembly, was admitted and pre- sented to the Chair an answer from the House of Assembly to the message of the Council of the 28th instant. 58
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The same member also delivered to the Chair a resolution of the House of Assembly for the payment of the expenses of the General Assembly, and also a resolution of that House respecting the adjournment of the General Assembly to the Town of Wil- mington.
On motion, by order, the answer from the House of Assembly to the Council's message of the 28th inst. was read the first time.
On motion, by order,
The resolution for the payment of the expenses of the General Assembly was read the first time.
By special order the same was read the second time, con- curred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, October 30, 1779.
"WHEREAS the act of the General Assembly of this State, "passed at Dover the twenty-sixth day of June, one thousand " seven hundred and seventy-eight, making provision for defray- "ing the reasonable expenses incurred by the General Assembly. "of this State, and also the Clerk of each House thereof, during "the sessions of the same, and in coming thereto and going there- "from, is now expired ; and whereas the present increased prices " of the necessaries of life will render the payment of the expen- "ses incurred by the General Assembly at their present sessions "very burthensome to the members thereof, if they are left to "defray the same out of their private fortunes, and also be highly "unreasonable, unjust, and contrary to the equitable opinion of " the good people of this State ; therefore
"Resolved, That the Speakers of the Council and House of "Assembly of this State respectively be and they are hereby "empowered to draw their respective orders on the Trustees of "the Loan Offices of this State, or the State Treasurer, for the "expenses incurred by each House at the present sessions, and "the same shall be allowed on settlement of said Trustees' or "Treasurer's accounts in the General Assembly, or their com- "mittee for that purpose to be appointed.
"Extract from the minutes. JAS. BOOTH,
"Sent for concurrence.
Cl' k of Assembly."'
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On motion, by order,
The resolution of the House of Assembly for the adjournment of the General Assembly to the Town of Wilmington was read the first time. .
. By special order the same was read the second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., October 30, 1779.
" On motion,
"Resolved, That the General Assembly of this State will meet "at the Town of Wilmington, in New Castle County, on the day
"to which the present sessions may be adjourned, and there sit "to transact the public business.
" Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl'k of Assembly."
On motion of Mr. Bassett, for the yeas and nays on the ques- tion for now concurring in the above resolution, they are as fol- lows, viz :
For the affirmative-Mr. Patterson, Mr. Cantwell, Mr. Con- well, Mr. Hyatt.
For the negative-Mr. Bassett, Mr. Collins.
Carried in the affirmative.
On motion for Mr. Bassett for leave of absence, the same was granted to him.
On motion, by order, the answer from the House of Assembly to the Council's message of the 28th instant was read the second time, and is as follows, viz :
" Gentlemen :
" That part of your message of the 28th instant, setting forth "that your House, for the dispatch of business and in compliance "with the request of the House of Assembly, did, on the 25th "instant, appoint Messrs. Polk and Cantwell a committee to join,
"with a committee of this House, in an inquiry into the facts al-
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"leged in the remonstrance complaining of undue practices at "the last general election in Kent County, by not stating all the "steps taken by the two Houses previous to the appointment of "your members as above mentioned, impliedly, at least, reflects "some degree of censure on this House, for it must be under- "stood from your said message that the remonstrance you men- "tion to be directed particularly to the House of Assembly was "not delivered to your honorable House with the proposal (not "request, as you are pleased to term it), but some time after the "appointment aforesaid had taken place, the contrary of which "you well know to be the fact. Your acquaintance with the "title or address, as well as the contents of said remonstrance, "might have furnished your House, in the first instance, with "the reasons you appear at last to act upon.
"In answer to the other part of your message this House will "only add, that they do not presume to dispute your power or "right, under the section of the Constitution pointed out in your "message, to judge of the qualification and election of your own "members, and to determine what obligations you are under to "scrutinize the election of such members ; but we would suppose "that every report to a House of Representatives ought to be
"considered and determined on, yet you certainly must deter- . "mine how binding that obligation is on your body.
"Signed by order of the House of Assembly.
"SIMON KOLLOCK, Speaker. "Dover, October 30, 1779."
And thereupon the following verbal message from the Council to the House of Assembly was sent to the House of Assembly, viz :
Gentlemen :
The Council are well disposed to give all the dispatch to the public business in their power, and are sorry they find themselves constrained, from the message just now received, to say, that it is their duty in future to be more particular with respect to the transacting business proposed by your House. The Council do not conceive they have time presently to give your strange mes- sage of this afternoon an answer, but flatter themselves they shall
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do it hereafter in a manner satisfactory not only to themselves but to their constituents.
Ordered, That the said message and the two last preceding resolutions be delivered to the House of Assembly, by Mr. Cant- well, with the concurrence of the Council to the said resolutions respectively.
Mr. Cantwell reported the delivery thereof according to order.
Mr. Barratt, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly empow- ering the Speakers of the two Houses to draw their order on the State Treasurer in favor of George Craghead. Esquire, for two thousand dollars ; and also the resolutions of that House for con- tinuing the embargo.
On motion, by order, the foregoing resolution empowering the Speakers of the two Houses to draw their order on the State Treasurer in favor of George Craghead, Esquire, &c., was read the first time.
By special order the same was read the second time, concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, October 30, 1779.
"On motion,
"Resolved, That the Speakers of the Council and House of "Assembly be and they are hereby empowered to draw their "order on the State Treasurer in favor of George Craghead, "Esquire, Clothier-General of this State, for two thousand dol- "lars, for which the said George Craghead is to be accountable "to the General Assembly.
"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolutions of the House of Assembly for continuing the embargo, &c., were read the first time.
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By special order, the same were read the second time, con- curred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, October 30, 1779.
" WHEREAS an embargo, prohibiting the exportation of wheat, "rye, flour, Indian corn, bread, beef, bacon, live stock, or any "other provisions, hath been laid and continued from time to "time within this State ; and whereas Congress have requested "that the same may be still further continued ; therefore
"Resolved, That his Excellency, the President, be requested "to issue his proclamation continuing the same until the first day "of December next, strictly prohibiting the carrying out of this "State live stock or pork, except for the use of the American "army.
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