USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 29
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"Resolved also, That the President be authorized and empow- "ered to grant such permission to persons living within this State "to export so much grain or flour, in bottoms belonging to the "inhabitants of the same, as to him may seem expedient, pro- "vided satisfactory security be given to him that the vessels so "permitted to load and carry away as aforesaid do return and . "sell the cargoes by them imported to retailers and consumers " within this State.
"Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl'k of Assembly."
Ordered, That Mr. Conwell return the two last resolutions, with the concurrence of the Council thereto respectively, to the House of Assembly.
Mr. Conwell, being returned, reported the delivery thereof ac- cording to order.
Then the following accounts, brought in for the expenses of the Council and their Clerk during their present sessions, were allowed, viz :
To Samuel Patterson, Esq., as per account, No. I, . £ 15 00 To Richard Cantwell, Esq., No. 2, . 8
To William Conwell, Esq., . No. 3, . 13 10 0
Carried over, £ 36 10 0
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THE DELAWARE STATE, 1779. 463
Brought over,
36 10 0
To William Polk, Esq., as per account, No. 4, .
8 5 0
To John Clowes, Esq., No. 5, . 12 00 To Peter Hyatt, Esq., No. 6, . 10 10 0
To Benjamin Vining, as Clerk of the Council, No. 7, 82 10 0
To Thomas North, as per account, No. 8, 15 15 O
To French Battell, No. 9, 1317 8 0
£ 1482 18 0
Ordered, That the Speaker draw an order on the State Trea- surer, for the said sum of £1482 : 18 : o, in favor of French Battell.
Whereupon the said order was immediately drawn and signed by the Speaker.
Then the Council adjourned until Monday, the 29th day of November next, at the Town of Wilmington.
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MINUTES OF COUNCIL.
DECEMBER, 1779.
59
ПОИМОВ ЧА ВЕТНИЕМ
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
=
ADJOURNED SESSION, NOV .- DEC., 1779.
1
WILMINGTON, MONDAY, November 29, 1779.
At a meeting of the Council at the Town of Wilmington, in New Castle County, on Monday, the 29th day of November, in the year of our Lord one thousand seven hundred and seventy- nine, by adjournment, a sufficient number of the members to form a House not attending, the Council adjourned from day to day until Saturday, the fourth day of December, 1779.
SATURDAY, A. M., December 4th, 1779.
The Council met. Present the following members, viz :
For New Castle County -- Samuel Patterson, Peter Hyatt, Rich- ard Cantwell.
For Kent County-Richard Bassett, John Baning.
For Sussex County-The Honorable John Clowes, William Conwell.
The Council now took into consideration the answer from the House of Assembly, of the 30th of October, to a message from
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MINUTES OF THE COUNCIL OF
the Council of the 28th of the same month, and a message, in answer thereto was drawn up at the table, and, by order, read. Deferred for further consideration.
Adjourned till Monday morning, 10 o'clock.
MONDAY, December 6th, 1779.
The Council met. Present the same members as on yesterday, except Mr. Bassett.
Ordered, That the minutes of this meeting be read.
Which was accordingly done ; and thereupon
Resolved, That this Council will meet punctually at ten o'clock in the morning and sit till one o'clock ; that they will meet again at three o'clock in the afternoon and sit not longer than six o'clock in the evening.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., December 7th, 1779.
The Council met. Present the same members as on yesterday, and also Messrs. Polk and Collins.
Messrs. Polk and Collins, in their respective places, made their excuses for their non-attendance at an earlier date in the sessions; which were admitted.
Adjourned to 3 o'clock, P. M. '
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469
THE DELAWARE STATE, 1779.
EODEM DIE, P. M.
The Council met.
Mr. Stidham, a member of Assembly, was admitted and pre- sented to the Chair a message from the President to the General Assembly, inclosing sundry acts of Congress, therein referred to, and the report of the committee of the House of Assembly to whom the said message and papers were referred.
On motion, by order,
The President's message, and its inclosures, were severally read, and the said message is in these words, viz :
"Gentlemen of the General Assembly :
"Since the last sitting of the Legislature I have. received the "following acts of Congress, which merit your attention, to wit : "Two of the fourteenth of June last, one recommending to the "State to exempt drivers of waggons from Militia duties while "in service, the other for ascertaining their wages ; two of the "twenty-third of July, one for regulating the Hide Department, "the other for the better preservation of buildings and other "property belonging to the United States ; one of the seven- "teenth of August, on the subject of further provisions for the "army ; one of the twenty-first of the same month, on the sub- "ject of an embargo ; one of the twenty-fifth of the same month, "against restrictions on the inland trade between the States; and "another of the tenth of September, for providing clothing for "the troops ; and likewise, a circular letter from the President "of Congress, dated the ninth instant, inclosing divers acts of "Congress of the sixth and seventh, for supplying the Continen- "tal Treasury. All of which I have directed the Secretary to "lay before your Honors, for your perusal and consideration.
"I beg leave to inform the General Assembly that since the "expiration of the law for laying an embargo, I have, with the "advice of the Privy Council and at the request of Congress, "continued, from time to time, the prohibition contained in the "said act, until such order therein may be taken by the Legisla- "ture as they may deem expedient.
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MINUTES OF THE COUNCIL OF
" Its being acknowledged that a well-regulated Militia, com- "posed of the substantial inhabitants, is the best security of a "free State, and the inattention to the discharge of Militia duty "by great numbers of the subjects of this State, induces me to "recommend to your Honors' consideration such amendments "to the Militia law as may tend to answer the good purposes in- "tended by the act.
"Gentlemen-The provision heretofore made for those in the "exercise of civil government, from the present depreciated state "of our currency, is so inadequate to the services enjoined them, "that I fear, from the information given me by the Chief Justice, "a general neglect of duty will take place, unless some further "provision is made. I am therefore induced to recommend a "matter so necessary to the safety and well-being of the State "to your Honors' serious consideration.
"Dover, October 22d, 1779. CÆSAR RODNEY."
On motion, by order,
The report of the committee of the House of Assembly on the above message and its inclosures, was read the first time.
On motion, by order,
The several reports of the Joint Committee of Public Accounts, of the 29th May and 5th June, 1779, were read the second time, and divers amendments were proposed and agreed to.
Ordered, That the said reports, and the public accounts and vouchers whereon the said reports were founded, with the trans- cribed amendments proposed thereto by the Council, be sent, by Mr. Conwell, to the House of Assembly.
Mr. Conwell reported the delivery thereof according to order. Adjourned till to-morrow morning, 10 o'clock.
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471
THE DELAWARE STATE, 1779.
WEDNESDAY, A. M., December 8th, 1779.
The Council met. Present the same members as on yesterday. 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 second time, examined and agreed to.
Ordered, That the same be signed by the Speaker and sent to the House of Assembly by Mr. Baning.
Who, being returned, reported the delivery thereof.
On motion, by order,
The President's message of the 22d October last, and its in- closures, were read a second time, and the report of the com- mittee of the House of Assembly thereon was also read a second time and agreed to.
Ordered, That Mr. Polk return the above message and its in- closures (except the act of Congress of the 19th November last respecting the regulation of prices) and the last mentioned report, to the House of Assembly, with the concurrence of the Council to the same report.
Mr. Polk, being returned, reported the delivery thereof accord- ing to order.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a "Bill to prevent forestalling and engrossing, and for other purposes therein mentioned."
On motion, by order,
The bill to prevent forestalling and engrossing, &c., was read the first time.
Adjourned till 3 o'clock, P. M.
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472
MINUTES OF THE COUNCIL OF
EODEM DIE, P. M.
The Council met.
By special order, the bill to prevent forestalling and engross- · ing, &c., was read the second time and referred to the Speaker and Messrs. Collins and Patterson, to report thereon.
Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of that House for the appointment of a committee to settle and adjust the State Treasurer's accounts, which, by order, was read and concurred in, and is as follows, viz:
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, A. M., December 8, 1779. "On motion,
"Resolved, That a committee of three be appointed to settle "and adjust the accounts of the State Treasurer, and make "their report forthwith. The members appointed on the part of .' "this House are Mr. Vandyke and Mr. Barratt.
" Extract from the minutes. JAS. BOOTH,
" Sent for concurrence. Cl'k of Assembly."
And thereupon the Council appoint, on their part, Mr. Polk, to join with the said committee of the House of Assembly for the above purpose.
Ordered, That Mr. Conwell return the foregoing resolution, with the concurrence and appointment of the Council thereto, to the House of Assembly.
Mr. Conwell reported the delivery thereof according to order.
On motion of Mr. Polk, for leave to bring in a bill, by way of supplement to an act entitled "An act for the more easy and speedy recovery of small debts," the same was granted ; and a bill for that purpose being laid on the table, was, by order, read the first time.
Adjourned till Friday morning, 10 o'clock ..
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473
THE DELAWARE STATE, 1779.
FRIDAY, A. M., December 10th, 1779.
The Council met. Present all the members, except Messrs. Baning, Bassett, and Paterson.
The committee to whom the bill to prevent forestalling and en- grossing, &c., were referred, now reported sundry amendments to the same, which, by order, were read and agreed to.
Ordered, That the same be transcribed and sent, with the said bill, to the House of Assembly for concurrence, by Mr. Conwell.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Conwell now reported the delivery of the papers committed to him, according to order.
On motion, by order,
The bill, by way of supplement to an act entitled "An act for the more easy and speedy recovery of small debts," was read the second time and agreed to.
Ordered, That Mr. Polk wait on the House of Assembly with the said bill.
Mr. Polk reported the delivery thereof according to order.
Mr. Houston, a member of Assembly, was admitted and deliv- ered to the Chair "A bill for the introducing economy in the pur- chasing supplies for the Army of the United States of America," which, by order, was read the first time.
Adjourned till to-morrow morning at 10 o'clock.
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MINUTES OF THE COUNCIL OF
SATURDAY, A. M., December 11th, 1779.
The Council met. Present the same members as on yesterday, and also Mr. Bassett.
On motion, by order,
The bill for the introducing economy in the purchasing supplies for the army, &c., was read the second time and referred to Messrs. Bassett, Collins and Polk, to report thereon.
On motion of Mr. Hyatt, for leave of absence till Monday after- noon next, the same was granted to him.
Mr. Adams, a member of Assembly, was admitted and deljv- ered to the Chair the bill to prevent forestalling and engrossing, &c., with the amendments proposed thereto by the Council, par- tially disagreed to by the House of Assembly, and an amend- ment proposed by that House to the same bill.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The committee to whom the bill for introducing economy in the purchasing supplies for the army, &c., was referred, now re- ported divers amendments to the same, which, by order, were read and agreed to.
Ordered, That the said amendments be transcribed and sent, with the said bill, to the House of Assembly for concurrence, by Mr. Polk.
Who, being returned, reported the delivery thereof according to order.
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THE DELAWARE STATE, 1779.
The Council now took into consideration such of their amend- ments to the bill to prevent forestalling and engrossing, &c., as were disagreed to by the House of Assembly, and rescinded their first amendments, and proposed some amendments to the addi- tional amendments proposed by the House of Assembly.
Mr. William Clark, a member of Assembly, was admitted and delivered the bill for the introducing economy in the purchasing supplies for the army, &c., with the amendments proposed thereto by the Council disagreed to in the whole by the House of Assembly.
Adjourned till Monday morning at 10 o'clock.
MONDAY, A. M., December 13th, 1779.
The Council met. Present all the members, except Messrs. Baning, Patterson, and Hyatt.
The Council took into consideration the amendments proposed by them to the bill for introducing economy in the purchasing supplies for the army, &c., and disagreed to by the House of Assembly, and after some time spent thereon receded from the same.
Ordered, That the foregoing bill, and the bill to prevent fore- stalling and engrossing, &c., with their respective amendments, be returned, by Mr. Cantwell, to the House of Assembly, with the following message from the Council to the House of Assem- bly, viz :
Gentlemen :
The Council conceive the bills to prevent forestalling and engrossing, and for other purposes therein mentioned, and for introducing economy in the purchasing supplies for the Army of the United States of America, to be very useful and important in their nature, and do not view the amendments proposed by them and rejected by you of such consequence as to delay the passage of them ; therefore, rather than they should be delayed,
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MINUTES OF THE COUNCIL OF
the Council recede from their proposed amendments, but farther beg leave to observe, that with respect to their last amendment proposed to the bill for introducing economy in the purchasing supplies, &c., they are still strongly impressed with an idea of the propriety and usefulness of the said amendment ; for that it appears to them that one great design of the said bill is that the officers under it should not make use of the public money for their own private emolument or advantage, and that the solemn oath of the party to that purpose they consider a stronger tie, and more likely to prevent a breach of the law in that instance than any other thing. The Council would therefore wish your hon- orable House would reconsider the said amendment, and, if it should appear in the same point of view to you as it does to them, make no doubt but you will readily accede to the same. ₹
Signed by order of the Council,
JOHN CLOWES, Speaker.
Wilmington, December 13, 1779.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Cantwell now reported the delivery of the papers commit- ted to him according to order.
Messrs. Patterson and Hyatt appeared in the Council.
Adjourned till to-morrow morning at 10 o'clock.
477
THE DELAWARE STATE, 1779.
TUESDAY, December 14th, 1779.
The Council met. Present all the members, except Mr. Baning.
On motion of Mr. Bassett, for leave to bring in a bill, by way of supplement to an act for making perpetual a former act enti- tled "An act for the amending the laws relating to testamentary affairs, and for the better settling intestates' estates, &c.," the same was granted, and a supplement for this purpose being laid on the table, was, by order, read the first time.
Mr. Bryan, a member of Assembly, was admitted and returned to the Chair the supplementary bill to the act for the more easy and speedy recovery of small debts, with divers amendments pro- posed thereto by the House of Assembly.
The same member also presented to the Chair an address from the officers of the Delaware Regiment, and two addresses from the Clothier-General, of the 11th and 14th instant, with a resolu- - tion of the House of Assembly for the payment of fifteen thou- sand pounds to the Clothier-General, to be by him applied in completing the clothing allowed to the officers of the Delaware Regiment.
An account of William McKennan, a lieutenant in the Dela- ware Regiment, was also presented to the Chair by the same member, with a resolution of the House of Assembly for the payment of sixty-two pounds eleven shillings and three pence, in discharge of his said account.
The same member also delivered to the Chair the following message from the House of Assembly, viz :
"Gentlemen :
" The House of Assembly have appointed Messrs. Stidham, "Cook, and Collings to view and report the situation and condi- "tion of the barracks and works at the fort on Christiana Creek, "and propose to you the appointment of a committee of your "body to join them in that business, if your honorable House "think the same necessary."
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MINUTES OF THE COUNCIL OF
On motion, the supplementary bill to the act for the more easy and speedy recovery of small debts, and the amendments proposed thereto by the House of Assembly, were read the first time. .
On motion, by order, the address of the officers of the Dela- ware Regiment was read.
On motion, by order,
The several addresses of the Clothier-General of this State, containing an estimate of the monies necessary to carry into exe- cution the resolves of the General Assembly for clothing for the officers of the Delaware Regiment, and the resolution of the House of Assembly, for the payment of fifteen thousand pounds to the Clothier-General, founded thereon, were read the first time.
By special order the said resolution was read the second time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "A. M., December 14th, 1779.
"Resolved, That an order be drawn by the Speakers of both "Houses on the State Treasurer, for the sum of fifteen thousand "pounds, in favor of George Craghead, Esq., Clothier-General "of this State, to be by him applied in completing the clothing "allowed to the officers of the Delaware Regiment, and the sur- "plus thereof, if any, in procuring the monthly supplies allowed "to the said officers, in addition to the fourteen hundred pounds "quarterly heretofore granted by the General Assembly for fur- "nishing the said supplies ; the said George Craghead to be ac- "countable for the expenditure of the said sum.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The account of William McKennan was read, considered and allowed, and the resolution of the House of Assembly for the payment of the same was also read the first time.
479
THE DELAWARE STATE, 1779.
By special order the same was read the second time and con- curred in, and is in these words, viz :
"IN THE HOUSE OF ASSEMBLY, " TUESDAY, P. M., December 14, 1779.
"An account of William McKennan, a lieutenant in the Dela- "ware Regiment, was presented to the Chair, and, by order, "read.
"Resolved, That the Speakers of both Houses draw an order "on the State Treasurer, for the sum of sixty-two pounds eleven "shillings and three pence, in favor of Lieutenant McKennan, in " discharge of his said account.
"Extract from the minutes.
"Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly."
Ordered, That the foregoing, account, the several before-men- tioned addresses of the officers of the Delaware Regiment, and of the Clothier-General, and the resolutions founded thereon, with the concurrence of the Council thereto, be returned, by Mr. Polk, to the House of Assembly, with the following verbal mes-, sage from the Council, viz :
Gentlemen :
The Council have agreed to your proposal of appointing a committee, to join your committee, to view and report the situ- ation and condition of the barracks and works at the fort on Christiana Creek ; and thereupon
Resolved, That Messrs. Peter Hyatt and William Conwell be a committee, to join your committee, for the purpose aforesaid.
Mr. Polk reported the delivery of the papers committed to him according to order.
Adjourned till to-morrow morning at 10 o'clock.
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MINUTES OF THE COUNCIL OF
WEDNESDAY, A. M., December 15th, 1779.
The Council met. Present the same members as on yesterday.
The Council now took into consideration the amendments proposed by the House of Assembly to the supplementary bill for the more easy and speedy recovery of small debts, and agreed thereto.
Ordered, That the said bill and its amendments be sent to the House of Assembly by Mr. Collins.
Who, being returned, reported the delivery thereof according to order.
On motion, by order,
The supplementary bill for making perpetual a former act enti- tled "An act for the amending the laws relating to testamentary affairs, &c.," was read the second time.
By special order the same was read a third time by paragraphs, debated, and agreed to.
Ordered, That the same be transcribed and sent to the House of Assembly by Mr. Bassett.
The supplementary bill for the more easy and speedy recovery of small debts was returned by the Clerk of the House of As- sembly. Ordered to be engrossed.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Baning appeared in the Council and took his seat.
Mr. Bassett now reported the delivery of the papers committed to him, according to order.
Adjourned till to-morrow morning at 10 o'clock.
481
THE DELAWARE STATE, 1779. .
THURSDAY, A. M., December 16, 1779.
The Council met. Present all the members.
On motion, by order,
The supplement to an act entitled "An act for the more easy and speedy recovery of small debts," being engrossed, was read and compared.
On motion of Mr. Bassett for leave of absence until Monday next, the same was granted to him.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair the report of the joint committee of June 5th, 1779, with the amendments proposed thereto by the Council, dis- agreed to in the whole by the House of Assembly.
The same member also delivered the report of the joint com- · mittee of the 29th May, 1779, with the amendments proposed by the Council, acceded to in the whole by the House of Assembly.
The same member also delivered a petition from Geo. Adams, setting forth that he is an inhabitant of that part of Sussex County which formerly belonged to Maryland, and praying leave to bring in a bill for his relief in extending to his particular case an act of Assembly of the Delaware State authorizing the removal of all proceedings out of the courts of law in Maryland into the courts of law in this State, &c., with a bill for amending an act entitled "A supplementary act to the act entitled 'An act for the more 61
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MINUTES OF THE COUNCIL OF
effectual ascertaining and fixing the limits of the several Counties within this Government, &c.,'" and the following message, viz :
"A MESSAGE FROM THE HOUSE OF ASSEMBLY TO THE COUNCIL. "Gentlemen :
" The House of Assembly have taken into consideration "your amendments proposed to the report of the Joint Commit- "tee of Accounts of the fifth day of June, 1779, and are unable "to discover the reasons which induced your honorable House "to propose the first, unless the difference between the charge "therein and the sum in the voucher, being six pounds seven- " teen shillings and five pence, should have caused such amend- "ment ; if so, it is equal to that difference. But this House is "informed by their committee that the committee received satis- "faction thereon from Mr. Carty, who attended them at the time " of examination. ·
"As to the second amendment-this House are persuaded it "was the intention of the Assembly, at the time of passing said "account, to allow Mr. Watson equal for his service to the al- . "lowance made in like cases to the Sheriffs of Kent and New "Castle Counties, and also are of opinion that that has, in that "instance, been done.
"No answer is necessary to your third amendment, more than "to observe that it is consequent on the other two.
"Signed by order of the House of Assembly.
"SIMON KOLLOCK, Speaker.
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