USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 30
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"Wilmington, December 15, 1779."
The Council now reconsidered the amendments proposed by them to the report of the Joint Committee of Accounts of the 5th of June, 1779, and disagreed to by the House of Assembly, and after some time spent thereon receded from their said amend- ments.
Ordered, That the said report and amendments be returned to the House of Assembly by Mr. Cantwell.
Who reported the delivery thereof according to order.
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THE DELAWARE STATE, 1779.
On motion, by order,
The petition of George Adams, and the bill for amending an act entitled "A supplementary act to the act entitled 'An act for the more effectual ascertaining and fixing the limits of the several Counties within this Government, &c.,' " were severally read the first time.
By special order the same were read the second time and re- ferred to Messrs. Collins and Polk, to report thereon.
Adjourned till to-morrow morning at 10 o'clock.
FRIDAY, A. M., December 17th, 1779.
The Council met. Present all the members, except Mr. Bassett.
Mr. Bryan, a member of Assembly, was admitted and laid before this House the sum of £134 : 1 : 4, being the two-thirds part of a debt due to Joseph Gregg by Daniel Cloud, which, by . the tender of the same by the said debtor to the administratrix of the said Joseph Gregg and her refusal thereof, became for- feited to the State, agreeable to an act of General Assembly, passed the 22d of February, 1777, for establishing the Bills of Credit issued by Congress, &c., with a certificate of the commis -. sion of administration to the said administratrix, the deposition of two witnesses, proving the tender and refusal aforesaid, and a resolution of the House of Assembly for the payment of the said sum into the State Treasury by the County Treasurer.
On motion, by order, the above papers were read the first time.
By special order the same were read the second time and re- ferred to Messrs. Collins and Patterson, to report thereon.
The committee to whom the petition of George Adams and the bill for amending an act entitled "A supplementary act to the act entitled 'An act for the more effectual ascertaining and fixing the limits of the several Counties within this Government, &c.,'" were referred, now reported that they had examined and con-
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sidered the said petition and bill, and had agreed to the said bill ; which said report was approved of, and the bill passed the Coun- cil.
Ordered, That Mr. Polk return the said petition and bill to the House of Assembly.
Mr. Polk reported the delivery thereof according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
On motion of Mr. Polk, for leave to bring in a "Bill more effectually to prevent non-jurors and other disqualified persons from voting at any election within this State, and for other pur- poses therein mentioned," the same was granted, and a bill for this purpose being laid on the table, was, by order, read the first time.
By special order, the same was read the second time and re- ferred to Messrs. Hyatt, Collins and Patterson, to report thereon.
Adjourned till to-morrow morning at 10 o'clock.
SATURDAY, A. M., December 18th, 1779.
The Council met. Present the same members as on yesterday.
The committee to whom the resolution of the House of As- sembly for the payment of one hundred and thirty-four pounds one shilling and four pence (and the papers attending the same) into the State Treasury, was referred, now reported that they had examined and considered the above mentioned papers, and were satisfied as to the legality of the tender made by the said debtor ;
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THE DELAWARE STATE, 1779. .
whereupon the said resolution was concurred in by the Council, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "THURSDAY, P. M., December 16, 1779.
"Robert Bryan, Esq., Treasurer of New Castle County, laid "before the House one hundred and thirty-four pounds one "shilling and four pence, being the two-thirds part of a debt "due to Joseph Gregg by Daniel Cloud, and tendered by the "said debtor to the administratrix of the said Joseph Gregg, "which, upon refusal thereof, became forfeited to the State, "agreeable to an act of General Assembly, passed the 22d day "of February, 1777, for establishing the Bills of Credit issued "by Congress, &c.
"Resolved, That the said Treasurer be directed to pay the' "aforesaid sum into the hands of the State Treasurer.
" Extract from the minutes. JAS. BOOTH,
"Sent for concurrence. Cl'k of Assembly.".
Ordered, That Mr. Cantwell return the foregoing resolution, . concurred in by the Council, with the money and papers accom -- panying the same, to the House of Assembly.
Mr. Cantwell reported the delivery of the above according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and adjourned till Monday morning at 10 o'clock.
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MONDAY, A. M., December 20th, 1779.
The Council met. Present the same members as on Saturday last.
Some of the members attending on committees, the Council adjourned till three o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The committee to whom the bill to prevent non-jurors" and other disqualified persons from voting at an election within this State, now requested a further time to consider and report there- on, which was granted.
Mr. Peery, a member of Assembly, was admitted and delivered to the Chair a bill for raising one million three hundred and sixty thousand dollars in the Delaware State, between the first day of February and the first day of October in the year one thousand seven hundred and eighty, and for other purposes therein men- tioned, which, by order, was read the first time.
Mr. West, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly for nom- inating persons to be balloted for as Delegates to the Congress, and also as Purchasers for the Army of the United States, which, by order, was read the first time.
On motion, by order,
The bill for raising one million three hundred and sixty thou- sand dollars, &c., was read the second time and referred to the Speaker and Messrs. Collins and Cantwell, to report thereon.
On motion, by order,
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THE DELAWARE STATE, 1779.
The resolution for nominating persons to be balloted for as Delegates to Congress, &c., was read a second time, and an amendment was proposed and agreed to.
Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence, by Mr. Polk, together with the foregoing resolution.
Mr. Polk, being returned, reported the delivery thereof ac- cording to order.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., December 21, 1779.
The Council met. Present the same members as on yesterday.
Mr. Latimer, a member of Assembly, was admitted and deliv: ered to the Chair a resolution for the appointment of committees for settling the accounts of the several General Loan Offices.
The same member also delivered the resolution for nominating persons to be balloted for as Delegates to the Congress, &c., with the amendment proposed thereto by the Council rejected by the House of Assembly, and an amendment proposed by that House to the said resolution.
The committee appointed on the part of the Council to view and report the situation of the barracks and works at the fort on Christiana Creek, now delivered their report at the table, which, by order, was read the first time.
The Council now took into consideration the amendment pro- posed by them to the resolution for nominating persons to be balloted for as Delegates to Congress, &c., and rejected by the House of Assembly, and also the amendment proposed by that House to the said resolution, and thereupon the Council receded from their own amendment, and agreed to the amendment pro- posed by the House of Assembly.
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Ordered, That Mr. Hyatt return the said resolution and its amendments to the House of Assembly.
Mr. Hyatt, being returned, reported the delivery thereof ac- cording to order.
On motion, by order,
The resolutions of the House of Assembly for the appointment of committees for settling the accounts of the several General Loan Offices were read the first time.
By special order the same were read the second time and con- curred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, December 20th, 1779.
" WHEREAS the committees heretofore appointed to settle and "adjust the accounts of the General Loan Offices for the Coun- "ties of New Castle and Kent have not proceeded in that busi- "ness ; therefore
"Resolved, That a committee of three persons in each of the "said Counties be appointed to settle and adjust the accounts "of the said offices in the Counties aforesaid respectively, who "are hereby directed to settle and adjust the said accounts from "the time of the settlement made by Messrs. McKinly, Read, " Killen, Haslet, and Robinson, a committee of Assembly for "the purpose, and make report thereof to the General Assembly " this State at their next meeting.
"AND WHEREAS the late committee appointed for the like ser- " vice in the County of Sussex have not proceeded therein,
"Resolved, That a committee of three be appointed to settle "and adjust the accounts of the General Loan Office for the said "County of Sussex.
"The members chosen, on the part of this House, are, for "New Castle County, John Clark and Robert Bryan, Esquires ; "for Kent County, Philip Barratt and John Cook, Esquires ; and "for the County of Sussex, Simon Kollock and Joseph Hall, Es- " quires.
"Resolved, That the committees respectively be directed to
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THE DELAWARE STATE, 1779.
"report the sums of money in specie and paper which are in the "said offices.
" Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl' k of Assembly."
And thereupon the Council, on their part, have nominated the following persons to join the committee of the House of Assem- bly, to wit : For New Castle County, John Thompson, Esq .; for Kent County, John Baning, Esq .; and for the County of Sussex, John Clowes, Esq.
JOHN CLOWES, Speaker.
Ordered, That Mr. Baning return the said resolution, with the concurrence and appointment of the Council thereto, to the House of Assembly.
Mr. Latimer, a member of Assembly, waited on the Council and informed them that the House of Assembly were ready to receive them and proceed to put in nomination persons to be balloted for as Delegates to Congress and Purchasers for the Army within this State, according to the order of the day.
The Council then met the House of Assembly, in the Assem- bly Room, and then and there put in nomination for the said ' offices divers persons, whose names were taken down for the con- sideration of the members of both Houses.
On motion,
Resolved, That the General Assembly now separate, and meet again, in the Assembly Room, to-morrow morning at 10 o'clock, to ballot for the officers aforesaid.
Then the Council withdrew, and adjourned till three o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Baning now reported the delivery of the papers committed to him, according to order.
The committee appointed to report on the bill for raising one million three hundred and sixty thousand dollars, now reported divers amendments to the said bill, which, by order, were read, agreed to, and ordered to be transcribed.
Ordered, That Mr. Patterson return the said bill and trans- 1 scribed amendments to the House of Assembly for concurrence.
Mr. Patterson reported the delivery according to order.
The committee to whom the bill to prevent non-jurors and other disqualified persons from voting at any election within this State, was referred, having considered the same, now reported it as their opinion that the said bill should be rejected, and further prayed leave to bring in a new bill, in lieu thereof, which was granted ; whereupon a bill entitled "An act for the better secur- ing elections within this State," 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 de- ferred for consideration.
Adjourned till to-morrow morning at 10 o'clock.
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WEDNESDAY, A. M., December 22d, 1779.
The Council met. Present the same members as on yesterday.
Mr. Houston, a member of Assembly, was admitted and pre- sented to the Chair an account of Charles Ridgely, Esq., of cash paid for wood and house rent for eight Continental soldiers under the command of Lieutenant Skillington, amounting to forty-five pounds ; which, by order, was read and allowed.
Ordered, That Mr. Baning return the said account to the House of Assembly.
Who, upon his return, reported the delivery thereof according to order. .
Mr. Latimer, a member of Assembly, waited on the Council and informed them that the House of Assembly were ready to receive the Council and proceed to the balloting for persons as Delegates to Congress and Purchasers for the Army within this' State, agreeable to the order of the day.
Then the Council met the House of Assembly, in the Assem- bly Room, and proceeded to ballot for the officers aforesaid out of the persons before put into nomination, and upon examining. the box containing the ballots it appeared that John Dickinson, Nicholas Vandyke, and George Read, Esquires, were declared duly elected Delegates from this State to the Congress of the United States for the ensuing year ; and Thomas Duff, Esq., was declared duly elected Purchaser for the Army of the said United States for and in the County of New Castle ; John Cook, Esq., was declared duly elected Purchaser for the said Army for and in the County of Kent ; and Simon Kollock, Esq., was de- clared duly elected Purchaser for the said Army for and in the County of Sussex.
Then both Houses separated, and the Council adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Bassett attended, and made his excuse for his non-attend- ance at an earlier day, which was admitted.
Mr. Young, a member of Assembly, was admitted and deliv- ered to the Chair a supplementary act to the Militia act ; which, by order, was read the first time.
Mr. John Clark, a member of Assembly, was admitted and de- livered to the Chair a bill for the appointment of Trustees of the several General Loan Offices.
On motion, by order, the said bill was read the first time.
On motion, by order,
The supplementary bill to the Militia act was read a second. time and referred to Messrs. Bassett, Polk and Collins, to report thereon.
On motion, by order,
The bill for the appointment of Trustees of the several General Loan Offices was read the second time and referred to Messrs. Cantwell, Patterson and Conwell, to report thereon.
Adjourned till to-morrow morning at 10 o'clock.
THURSDAY, A. M., December 23, 1779.
The Council met. Present the same members as on yesterday.
The committee to whom the bill for the appointment of Trustees of the several General Loan Offices was referred, now reported an amendment to the same ; which was read and agreed to.
Ordered, That Mr. Conwell wait on the House of Assembly with the said bill and transcribed amendments.
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THE DELAWARE STATE, 1779.
Who, being returned, reported the delivery thereof according to order.
The committee to whom was referred the supplementary bill to the Militia act, now reported some amendments to the same ; which, by order, were read, agreed to, and ordered to be trans- cribed.
Ordered, That the said bill and amendments be sent for con- currence to the House of Assembly, by Mr. Baning.
Who reported the delivery thereof according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met. Present the same members, except Mr. Bassett.
On motion, by order,
The report of the committee of Council appointed to view and report the situation of the barracks and works on Christiana Creek, in conjunction with a committee of the House of Assem- bly, was read a second time and adopted, and is as follows, viz :
The committee which was appointed to join the committee of the House of Assembly to view the guard house, magazine and works on Christiana Creek, near the Borough of Wilmington, now report that they had viewed the same, and are of opinion there is not any necessity for keeping them in repair ; therefore recommend that, as the barracks and wood part of the maga- zine are useless and going to ruin, they ought to be sold for the benefit of the State.
On motion,
Resolved, That Mr. Joseph Stidham be and he is hereby em- powered to make public sale of the wood part of said works, and
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that he make return of his proceedings in the premises to the General Assembly at their next meeting.
Ordered, That Mr. Cantwell deliver the foregoing report and resolution to the House of Assembly for concurrence.
Mr. Cantwell reported the delivery thereof according to order.
Mr. Bryan, a member of Assembly, was admitted and deliv- ered to the Chair the bill for the appointment of Trustees of the General Loan Offices, with the amendments proposed thereto by the Council acceded to by the House of Assembly, and a propo- sition of that House for filling up the blanks for the Trustees' names in the said bill.
The same member also delivered a letter from the President of Congress to the President of this State, of the 22d November, inclosing an act of Congress of the 19th of the same month, recommending to the several States to enact laws for establishing a general limitation of prices throughout their respective juris- dictions ; the proceedings of the convention of New Hampshire, Massachusetts Bay, &c. ; and a letter from the President of the said convention to the President of this State on the same sub- . ject, with a resolution of the House of Assembly for the appoint- ment of Commissioners to attend a convention at Philadelphia for the purposes mentioned in the said resolution of Congress.
The same member also delivered to the Chair a bill to prohibit the exportation of provisions from this State.
The same member also delivered the resolution of the House of Assembly empowering the Speakers of both Houses to draw an order for the payment of the Militia.
The same member also delivered a resolution of the House of Assembly for the payment of the monies which have arisen from the sale of forfeited estates into the State Treasury.
The same member also delivered a resolution of the House of Assembly for appointing an Auditor General of Accounts.
On motion, by order,
The foregoing letters, the act of Congress, and the proceedings of the convention of Massachusetts Bay respecting a general lim- itation of prices, were read.
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THE DELAWARE STATE, 1779.
On motion, by order,
The resolution for the appointment of Commissioners to attend a convention in Philadelphia in order to consider on the expedi- ency of a general limitation of prices, was read the first time.
By special order, the same was read the second time and de- ferred for consideration until to-morrow morning.
On motion, by order,
The proposition for filling up the blanks in the bill for the ap- pointment of Trustees of the General Loan Offices, was read the first time.
On motion, by order,
The resolution empowering the Speakers of both Houses to draw orders for the payment of the Militia, was read the first time.
By special order, the foregoing resolution was read a second time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "THURSDAY, A. M., December 23d, 1779.
"On motion,
"Resolved, That the Speakers of both Houses of the General "Assembly draw an order on the Trustee of the General Loan " Office for the County of Sussex, in favor of John Clowes, of the "said county, Esq., for the sum of one thousand two hundred "pounds, out of any public monies in the said office, except "principal money emitted to be let out on loan, to be applied "by the said John Clowes in discharging a balance due to the "Militia of the said County of Sussex ; the said John Clowes to "be accountable for the expenditure thereof, and to render an "account of his proceedings in the premises to the General As- "sembly at their next meeting.
" That the Speakers of both Houses also draw an order on the "State Treasurer, for the sum of three thousand six hundred "pounds, in favor of Philip Barratt, of the County of Kent, Esq., "to be by him applied in discharging the debts heretofore agreed "by the General Assembly due to the Militia of the said County
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"of Kent ; the said Philip Barratt to be accountable for the ex- "penditure thereof, and to render an account of his proceedings "in the premises to the General Assembly at their next meeting.
" Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolution for the payment of the monies arising from the sale of forfeited estates into the State Treasury, was read the first time.
By special order, the same was read a second time and deferred for consideration until to-morrow morning.
On motion, by order, ;
The resolution for the appointment of an Auditor General of Accounts, was read the first time.
By special order, the same was read the second time and de- ferred for consideration until to-morrow morning.
On motion, by order,
The bill to prohibit the exportation of provisions, was read the first time.
By special order, the same was read the second time and re- ferred to Messrs. Collins, Polk and Patterson, to report thereon to-morrow morning.
Adjourned till to-morrow morning.
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THE DELAWARE STATE, 1779.
FRIDAY, A. M., December 24th, 1779.
The Council met. Present all the members.
The Council took into consideration the resolution for the payment of the monies arising from the sale of forfeited estates into the State Treasury, and an amendment was proposed and agreed to.
Ordered, That Mr. Conwell return the said resolution and amendment to the House of Assembly for concurrence, with the resolution empowering the Speakers to draw orders for the pay- ment of the Militia concurred in by the Council.
Mr. Conwell reported the delivery thereof according to order.
Mr. Waples, a member of Assembly, was admitted and de- livered to the Chair a resolution of that House directing the Speakers of both Houses to inform the persons chosen Delegates from this State to Congress of their appointment, and request their answer as to their acceptance of the said appointment.
On motion, by order, the foregoing resolution was read the first time.
By special order, the same was read a second time and con- curred in, and is in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., December 24th, 1779.
" On motion,
"Resolved, That the Speakers of the Council and House of " Assembly be requested to give information to Messrs. Dickin- "son and Read of their appointment, by the General Assembly, "to represent this State as Delegates in the Congress of the "United States of America, and request their answer.
" Extract from the minutes. JAS. BOOTH,.
"Sent for concurrence. 63
Cl'k of Assembly."
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Ordered, That Mr. Patterson return the foregoing résolution, concurred in by the Council, to the House of Assembly.
Mr. Patterson, being returned, reported the delivery thereof according to order.
Mr. Cook, a member of Assembly, was admitted and delivered the resolution for the payment of the monies arising from the sale of forfeited estates, &c., with the amendments proposed thereto by the Council acceded to by the House of Assembly ; and the said resolution, as amended, was read and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, " WEDNESDAY, A. M., December 22, 1779. "On motion,
"Resolved, That the Commissioners of Forfeited Estates be " directed forthwith to pay into the hands of Samuel Patterson, "Esq., the Treasurer of this State, the balance of the money "which has arisen by the sale of those estates by them made, "after deducting their commissions and the sums ordered by the "Justices of the Courts of Quarter Sessions for the maintenance "and support of the wives and children of the persons who have "forfeited the same, and the debts against said estates, if any ; "and that the said commissioners be directed to attend the Gen- "eral Assembly, at their next meeting, to render an account of " their proceedings in the premises.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl' k of Assembly."
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