USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 31
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Ordered, That Mr. Baning deliver the same to the House of Assembly, with the concurrence of the Council thereto.
Mr. Baning reported the delivery thereof according to order.
The Council took into consideration the resolution respecting the appointment of an Auditor General of Accounts, and an amendment was proposed and agreed to.
Ordered, That the same be transcribed and sent, with the said resolution, to the House of Assembly, for concurrence, by Mr. Hyatt.
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THE DELAWARE STATE, 1779.
Who, being returned, reported the delivery thereof according to order.
On motion, by order,
The proposition for filling up the blanks in the bill for the ap- pointment of Trustees of the several Loan Offices was read a second time, and Mr. Bassett moved that the name of John Rod- ney, Esq., of the County of Sussex, should be inserted in the stead of David Hall, Esq .; and the same being seconded, the question was put and carried in the negative.
Mr. Collins then required the yeas and nays on the above question. They are as follows, viz :
For the question-Mr. Collins, Mr. Bassett, Mr. Patterson, Mr. Baning.
Against the question-Mr. Polk, Mr. Conwell, Mr. Cantwell, Mr. Hyatt.
The Council being divided, the Speaker gave the casting voice.
Ordered, That Mr. Polk return the foregoing bill and proposi- tion, agreed to by the Council, to the House of Assembly.
Mr. Polk, being returned, reported the delivery of the fore- going papers according to order.
· Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The committee to whom the bill to prohibit the exportation of provisions was referred, now reported sundry amendments to the same ; which, by order, were read, considered, and debated, and the same not being agreed to, the said bill was recommitted to the same committee, with the addition of Mr. Bassett.
The Council now took into consideration the resolutions of the
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House of Assembly for the 'appointment of Commissioners to attend a convention in Philadelphia to deliberate on the expedi- ency of a general limitation of prices throughout the jurisdiction of the respective States, and proposed some amendments thereto; which were read, agreed to, and ordered to be transcribed.
Ordered, That the said resolutions and proposed amendments be sent for'concurrence to the House of Assembly, by Mr. Col- lins.
Who, being returned, reported the delivery thereof according to order.
Mr. Collings, a member of Assembly, was admitted and pre- sented to the Chair a letter addressed from George Read, Esq., declining his acceptance of his appointment as. one of the Dele- gates from this State to Congress ; and also the letter of resigna! tion of George Craghead, Esq., of his appointment of Commis- sary-General of Prisoners for this State, with resolutions of the House of Assembly for nominating persons to be balloted for to supply the places of George Read, Esq., as a Delegate from this State to Congress, and of George Craghead, Esq., as Commis- sary-General of Prisoners for this State.
Mr. Stidham, a member of Assembly, was admitted and deliv- ered to the Chair a bill for amending the laws for establishing fees.
On motion, by order, the foregoing letter from George Read, Esq., and the resignation of George Craghead, Esq., were sev- erally read.
On motion, by order,
The resolutions for nominating persons to be balloted for as a Delegate to represent this State in Congress in the room of George Read, Esq., and a Commissary-General of Prisoners in the room of George Craghead, Esq., were read the first time.
By special order, the same were read a second time and con- curred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, 24th Feb., P. M., 1779.
" On motion,
"Resolved, That the General Assembly meet this evening at
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"seven o'clock, in the Assembly Room, for the purpose of nom- "inating persons to be balloted for as a Delegate to represent "this State in Congress in the place of George Read, Esq., who " has declined to serve.
" On motion,
"Resolved, That the resignation of George Craghead, Esq., "of the appointment of Commissary-General of Prisoners for this "State, signified to the General Assembly by his letter of the "twentieth of October last, be accepted, and that proper persons "be nominated at the time aforesaid to be balloted for to supply "his place.
"Extract from the minutes. GEO. LATIMER, " Sent for concurrence. Cl'k pro temp."
Ordered, That Mr. Polk return to the House of Assembly the foregoing resolutions, concurred in by the Council, with the letters addressed from George Read and George Craghead, Esquires.
Mr. Polk, being returned, reported the delivery thereof accord- ing to order.
On motion, by order,
The bill for the amending the laws for establishing fees was read the first time.
Mr. Latimer, a member of Assembly, was admitted and in- formed the Council that the House of Assembly were ready to receive them to put in nomination persons to represent this State in Congress in the room of George Read, Esq., who hath de- clined to serve, and also for a Commissary-General of Prisoners in the room of George Craghead, Esq., who hath resigned his appointment.
The Council now met the House of Assembly, in the Assembly Room, to put in nomination persons for each of the said offices, when one person only for each of the said appointments was put in nomination.
On motion,
Resolved, That as but one person for each of the said appoint- ments is put in nomination, the General Assembly proceed to ballot for the same forthwith.
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The General Assembly then proceeded to ballot for the said officers, and the box containing the ballots being examined in the presence of the members, it appeared that the Honorable Thomas Mckean, Esquire, was declared unanimously elected a Delegate from this State to Congress in the room of George Read, Esq., who hath declined to serve ; and that Major Henry Fisher was declared unanimously elected Commissary-General of Prisoners for this State in the place of George Craghead, Esq., who hath resigned.
On motion,
Resolved, That the two Houses now separate.
Then the Council withdrew.
On motion, by order,
The bill for the amending the laws for establishing fees was read a second time and referred to the Speaker and Messrs. Bas- sett and Patterson, to report thereon to-morrow morning.
The Council now took into consideration their message in an- swer to an answer from the House of Assembly of the 30th .. October last to a message from the Council of the 28th of the said month, and the same was agreed to.
Adjourned till to-morrow morning at 10 o'clock.
SATURDAY, A. M., December 25th, 1779.
The Council met. Present the same members as on yesterday.
Mr. Clark, a member of Assembly, was admitted and delivered to the Chair the resolutions of the House of Assembly for the ap- pointment of Commissioners to attend a convention in Philadel- phia for fixing a general limitation of prices, and the resolution for the appointment of William Killen, Esq., Auditor General of Accounts, with the amendments to the said resolutions acceded to by the House of Assembly.
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On motion, by order, the foregoing resolutions were severally read, as amended, and concurred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., December 21, 1779. "On motion,
"Resolved, That Commissioners be appointed on the part of "this State, by a joint resolution of the General Assembly "thereof, to meet Commissioners from the States of New Hamp- "shire, Massachusetts Bay, Rhode Island, Connecticut, New "York, New Jersey, Pennsylvania, Maryland and Virginia, in "convention at Philadelphia on the first Wednesday of January "next, then and there to unite with them in considering the ex- "pediency of limiting the prices of merchandise, produce and "labor ; and if the said convention judge such a measure neces- "sary, to proceed with them to limit the prices of the said, arti- "cles in such manner as shall be best adapted to the situation "and circumstances of the several States ; and that they make "report of the proceedings of the said convention to the Legis- "lature of this State at their next meeting.
" That the Delegates from this State to Congress and George "Latimer, of the County of New Castle, Esq., or any two of "them, be and are hereby appointed Commissioners on the part "of this State for the purposes aforesaid.
"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
" IN THE HOUSE OF ASSEMBLY, "THURSDAY, P. M., December 23, 1779.
" WHEREAS the present mode of stating and settling the "accounts which arise against this State and the accounts be- "tween this State and the United States of America, is found to "be very inconvenient and expensive ; therefore
"Resolved, That William Killen, of Kent County, Esq., be "and hereby is appointed for the purpose aforesaid, to whom all " the accounts aforesaid are hereafter to be delivered, with their " vouchers, which are to be by him properly stated and laid be- " fore the General Assembly at their next or some other subse-
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"quent meeting, for their consideration and inspection ; who "shall, for his trouble in doing and performing the above men- "tioned service, be allowed the sum of one thousand pounds.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
The committee to whom was referred the bill for establishing fees, now reported sundry amendments thereto; which, by order, were read the first time.
By special order, the same were read the second time, agreed to, and ordered to be transcribed.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M. .
The Council met.
Ordered, That Mr. Baning return to the House of Assembly the foregoing bill for establishing fees, with the amendments pro- posed thereto by the Council.
Mr. Baning reported the delivery thereof according to order.
The committee to whom the bill to prohibit the exportation of provisions was referred, now made their report thereon, that the said bill should be rejected, and brought in another bill for the purpose aforesaid ; which, by order, was read the first time.
By special order, the same was read the second time.
The same was read a third time by paragraphs, agreed to, and ordered to be transcribed.
Mr. Peery, a member of Assembly, was admitted and deliv- ered to the Chair the bill for amending the laws for establishing fees, &c., with the amendments proposed thereto by the Council disagreed to in part and in part agreed to, together with an addi- tional paper of amendments proposed by the House of Assembly to the said bill.
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THE DELAWARE STATE, 1779.
Ordered, That Mr. Cantwell wait on the House of Assembly with the bill to prohibit the exportation of provisions, as rejected by the Council, and another bill proposed in lieu thereof by the Council ; the resolutions of the House of Assembly for the ap- pointment of Commissioners to attend a convention in Phila- delphia for fixing a general limitation of prices, and also the resolution for the appointment of an Auditor General, with the concurrence of the Council respectively thereto.
Mr. Cantwell, being returned, reported the delivery thereof ac- cording to order.
On motion, the Council took into consideration the amend- ments proposed by them to the bill for the amending the laws for establishing fees, and the additional paper of amendments proposed to the same bill by the House of Assembly, and the same being considered and debated, the Council adhered to their amendments, and agreed that a message, stating the reasons of their adherence, should be sent to the House of Assembly ; whereupon the following was accordingly drawn up at the table, read, and ordered to be transcribed, viz :
Gentlemen :
The Council adhere to their amendments proposed to the bill for amending the laws for establishing fees, and of course reject your additional amendments, and are extremely sorry they find themselves constrained so to do. The reasons inducing the Council to adhere to their amendments, among many others that might be advanced, are, that they conceive, whenever it is thought necessary by the Legislature to increase officers' fees, that it ought to be general and not partial, which, they appre- hend, would be the case were they to recede from their amend- ments proposed and give a passage to the bill. The Council are fully convinced of the necessity of such a bill, and therefore would willingly give up any matter, rather than that it should be lost, that was consistent with their idea of justice. But they humbly conceive it would argue partiality in them, at the same time they are providing for other officers of less consequence not to provide for the officers filling the several Courts of Common Pleas and Orphans' Courts in this State, when, in their opinion, those officers are as necessary, and those courts rather of more consequence than any others in the State. We could wish your
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honorable House would reconsider the amendments proposed, and if the same idea should impress your minds that does theirs upon this subject, they make no doubt but you will readily accede to their amendments.
Signed by order of the Council,
JOHN CLOWES, Speaker.
Wilmington, December 25, 1779.
Ordered, That Mr. Collins return the foregoing bill and its amendments to the House of Assembly, with the foregoing mes- sage.
Mr. Collins, being returned, reported the delivery of the above papers according to order.
Ordered, That Mr. Polk deliver to the House of Assembly the bill for the more easy and speedy recovery of small debts.
Mr. Polk reported the delivery thereof according to order.
Mr. Adams, a member of Assembly, was admitted and re- turned the bill for prohibiting the exportation of provisions from this State, as proposed by the House of Assembly and rejected by the Council, with the bill offered by the Council in lieu thereof and a paper of amendments proposed by the House of Assembly to the last mentioned bill ; which amendments were read and agreed to.
Ordered, That the said bills and their amendments be sent to the House of Assembly by Mr. Polk.
Who, being returned, reported the delivery thereof according to order.
Mr. Peery, a member of Assembly, was admitted and delivered to the Chair the bill to prohibit the exportation of provisions from this State, in order to be engrossed.
Ordered to be engrossed.
Ordered, That Mr. Bassett wait on the House of Assembly with the message from the Council, by way of answer to the an- swer of the House of Assembly of the 30th of October last.
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Who, being returned, reported the delivery thereof according to order.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair, at eleven o'clock this evening, a resolution of that House noticing the Council of their intention to adjourn this evening, accompanied with the following verbal message, viz :
"Gentlemen :
" The House of Assembly have maturely considered your mes- "sage respecting the amendments proposed to the bill to amend "the laws of this State for establishing the salaries and fees of "the civil officers, and cannot accede to the said amendments ; "but this House, convinced of the necessity of such a law, are "willing to enact the same as it now stands, and request to know "the opinion of your honorable House on the said bill in its pres- "ent form.
"Wilmington, December 25, 1779."
On motion, by order, the resolution for the adjournment to Lewes-town was read the first time.
The bill to prohibit the exportation of provisions from this' State, &c., being engrossed, was read and compared, and or- dered to be sent, by Mr. Bassett, to the House of Assembly, in order to be signed by the Speaker thereof.
Mr. Bassett reported the delivery thereof according to order.
On motion, by order,
The resolution of the House of Assembly for the adjournment to Lewes-town was read the second time.
Ordered, That Mr. Bassett deliver to the House of Assembly the bill for amending the laws for establishing fees, and its amend- ments, with the following verbal message, viz :
Gentlemen :
The Council have given you their reasons for not receding from their proposed amendments to the bill for amending the laws for establishing fees, which they think are cogent; and while they continue of that opinion, you may rely they never will pass the bill on your terms.
Wilmington, December 25, 1779.
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Mr. Bassett, being returned, reported the delivery of the papers committed to him according to order.
Adjourned till Monday morning at 10 o'clock.
MONDAY, A. M., December 27th, 1779.
The Council met. Present all the members, except Mr. Pat- terson.
Mr. John Clark, a member of Assembly, was admitted and delivered to the Chair the bill for introducing economy in pur- chasing supplies for the Army of the United States, with a paper of amendments proposed thereto.
The same member also delivered a resolution of that House for affixing the Great Seal of this State to seven laws, passed Decem- ber, 1779, with the laws therein mentioned.
The Council took into consideration the act of Congress of the nineteenth of November, 1779, respecting a general limitation of prices, and thereupon came to the following resolutions founded thereon, viz :
WHEREAS by an act of Congress of the nineteenth day of November it is, among other things, declared that such States as have neglected to pass laws for the limitation of prices reduc- ing the several matters and things therein mentioned to a sum not exceeding twenty fold of the prices current through the vari- ous seasons of the year 1774, in order that such State who may neglect or refuse should respectively be charged in the public accounts with the aggregate amount of the difference of prices paid from and after the said first day of February, 1780, in such States and those in which such laws should have been enacted ; thereupon
Resolved, That the said act of Congress above mentioned is considered, by the Legislature of this State, to be an infringe- ment on the rights and liberties of the people, and inconsistent with the freedom and independency thereof.
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Resolved also, That the Delegates be instructed by the General Assembly to endeavor as soon as possible to procure a repeal of the said act of Congress, and that their instructions be as follows, to wit :
Gentlemen :
The Legislature of this State humbly conceive the act of Con- gress, passed the nineteenth day of November, respecting the charging any State with the aggregate amount of the difference of prices over and above twenty fold from and after the first day of February, 1780, to be an infringement on the rights of the peo- ple, and inconsistent with the freedom and independence thereof ; therefore you are hereby requested to endeavor to procure a re- peal of that part of the said act of Congress as soon as possible.
Ordered, That the above resolutions be transcribed and sent for concurrence to the House of Assembly, together with the above recited act of Congress of the 19th November, and .the letter from the President of Congress to the President of this State, by Mr. Cantwell.
Mr. Young, a member of Assembly, was admitted and deliv- ered a resolution of that House for the appointment of a com- . mittee of conference on the subject matter of the amendments proposed by the Council and House of Assembly to the bill for amending the laws for establishing fees ; which, by order, was read, concurred in, and follows in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, A. M., December 27, 1779.
"On motion,
"Resolved, That it be proposed to the Council to appoint a "committee of their body to confer with a committee of this "House on the subject matter of the 2d, 6th, 7th, 10th, 12th, "13th, 15th and 16th amendments, proposed by the Council to "the bill for amending the laws for establishing the salaries and " fees to the civil officers, &c., and also the subsequent paper of "amendments proposed by this House to the said bill. The " committee chosen on the part of this House are Messrs. Bryan, "Peery and Waples.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
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And thereupon the Council have nominated, on their part, Messrs. Bassett, Hyatt, and. Collins a committee to confer with the said committee of the House of Assembly on the subject matter of the amendments above mentioned.
Ordered, That the foregoing resolution, with the concurrence and appointment of the Council thereto, be returned to the House of Assembly by Mr. Hyatt.
Who, being returned, reported the delivery thereof according to order.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair the report of the committee for adjusting the State Treasurer's accounts, with the said accounts and vouchers, for concurrence.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Patterson appeared in the Council.
On motion, by order,
The resolution for affixing the Great Seal to seven laws passed this session was read the first time.
By special order, the foregoing resolution was read the second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "SUNDAY, December 26, 1779.
" On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of this State to the following laws, to wit :
I. "An act to prevent forestalling and engrossing, and for other purposes therein mentioned ;"
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2. "An act for the appointment of Trustees of the General Loan Offices in the respective Counties of this State ;"
3. "A supplement to the act entitled 'An act for the establish- ing a Militia within this State ;' "
4. "An act 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 ;"
5. "An act for the amendment of an act entitled 'A supple- mentary act to the act entitled 'An act for the more effectual ascertaining and fixing the limits of the several Counties within this Government, and for removing some inconveniences that may arise by the late establishment of the boundaries and divis- ional lines between the same and Maryland ;'"
. 6. "A supplement to an act entitled 'An act for the more easy and speedy recovery of small debts ;' "
7. "An act to prohibit the exportation of provisions from this State beyond the seas for a limited time."
" Extract from the minutes.
JAS. BOOTH,
" Sent for concurrence.
Cl'k of Assembly."
On motion,
Ordered, That the foregoing resolution and the laws therein mentioned be respectively signed by the Speaker of the Council ; which was accordingly done, and the same were ordered to be re- turned by Mr. Polk to the House of Assembly.
On motion, by order,
The report of the committee appointed to adjust the State Treasurer's accounts was read the first time.
By special order, the same was read a second time and agreed to. ...
Ordered, That the same be returned to the House of Assembly by Mr. Polk, together with the public accounts and vouchers.
The committee appointed by Council to confer with a com-
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mittee of the House of Assembly on the subject matter of the amendments proposed by the Council to the bill for amending the laws for establishing fees, and the subsequent amendments pro- posed by the House of Assembly to the same bill, now delivered their report at the table ; which, by order, was read the first time.
By special order the same was read a second time.
Messrs. Polk and Cantwell now reported the delivery of the several papers respectively committed to them according to order.
On motion, by order,
The Council took into consideration the amendment proposed by the House of Assembly to the bill for introducing economy in the purchasing supplies for the army, and the same being consid-' ered and debated were rejected by the Council. .
Ordered, That the said bill and amendments be returned, by Mr. Polk, to the House of Assembly.
Mr. Vandyke, a member of Assembly, was admitted and deliv- ered to the Chair the bill for amending the laws for establishing . fees, &c., with the report of the committee of conference and the amendments proposed thereto by the House of Assembly.
On motion, by order, the said amendments were read the first time.
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