USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 32
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By special order, the same were read the second time, con- sidered and rejected by the Council.
Ordered, That the foregoing bill and report, with the amend- ments proposed thereto by the House of Assembly and rejected by the Council, be returned to that House by Mr. Polk.
Who, being returned, reported the delivery of the several pa- pers committed to him according to order.
The Council now put in nomination persons to be balloted for as a Privy Councillor, when several persons were named for that office; and their names taken down for consideration, to be bal- loted for to-morrow morning.
Adjourned till to-morrow morning at 10 o'clock.
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THE DELAWARE STATE, 1779.
TUESDAY, A. M., December 28th, 1779.
The Council met. Present all the members.
Mr. Houston, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly empow- ering the President to take measures for the more speedy supply- ing the army.
On motion, by order, the foregoing resolution was read the first time.
By special order, the same was read the second time, andran amendment was proposed and agreed to.
Ordered, That the said resolution and proposed amendment be sent, for concurrence, to the House of Assembly by Mr. Pat- terson.
Who, being returned, reported the delivery thereof according to order.
The Council, agreeable to the order of the day, proceeded to ballot for a Privy Councillor, and the box containing the ballots being examined, it appeared that James Raymond, of Kent County, Esq., was declared to be duly elected.
Mr. Stidham, a member of Assembly, was admitted and deliv- ered to the Chair a bill for amending the laws for establishing fees, and the amendments proposed thereto; the report of the committee of conference, and the amendments proposed thereto by the House of Assembly, and rejected by the Council, receded from by that House, with a paper of further amendments proposed to the same report by the House of Assembly.
The same member also delivered to the Chair the resolution empowering the President to take measures for the more speedy supplying the army, with the amendments proposed thereto by the Council acceded to by the House of Assembly and made therein.
The Council took into consideration the further amendments 65
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proposed by the House of Assembly to the report of the com- mittee of conference, and after some time spent therein agreed to all the aforesaid amendments except the amendment for allow- ing a salary of one thousand pounds to the Attorney General.
Ordered, That Mr. Patterson wait on the House of Assembly with the bill for amending the laws for establishing fees, and the foregoing report of the committee of conference and the amend- ments proposed to each respectively.
Mr. Patterson reported the delivery of the above papers accord- ing to order.
On motion, by order,
The resolution empowering the President to take measures for the more speedy supplying the army was read, as amended, and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, 1
"MONDAY, P. M., December 27, 1779.
"On motion,
"Resolved, That the President or Commander-in-Chief of this "State be and hereby is empowered, in the recess of the General " Assembly, to take such measures, on application of Congress, "the Commander-in-Chief of the Continental Army, or the Com- "missary or Quartermaster General of the said Army, for imme- "diately supplying provisions or forage for the use of the same, "and issue such orders to all and every person within this State "concerned in the purchasing supplies for the said army, for the "purpose of procuring and forwarding the same, as the exigency "of the case may require ; and in case the said purchaser, or any " of them, refuse or neglect to obey and execute such orders, the " President is hereby also empowered to suspend such officer and "appoint another in his place.
" Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl'k of Assembly."
Ordered, That Mr. Polk return the foregoing resolution, with the concurrence of the Council thereto, to the House of As- sembly.
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THE DELAWARE STATE, 1779.
Mr. Polk, being returned, reported the delivery thereof accord- ing to order.
Adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, December 29th, 1779.
The Council met. Present all the members, except Messrs. Polk and Conwell.
Mr. John Clark, a member of Assembly, was admitted and de- livered to the Chair the engrossed bill for amending the laws for establishing the salaries and fees of the civil officers of this State, signed by the Speaker of the House of Assembly, together with the original bill and its amendments, in order that the same may be compared and signed by the Speaker of the Council, with a resolution for affixing the Great Seal of this State to the said bill.
The same member also delivered a resolution for raising the officers of the Delaware Regiment in rotation, &c.
The same member also delivered a resolution allowing each officer of the said regiment a hat.
The same member also delivered a resolution empowering the Speakers of both Houses to draw for ten thousand pounds in favor of the Clothier-General.
On motion, by order,
The bill for amending the laws for establishing the salaries and fees of the civil officers of this State, &c., was read, compared and ordered to be signed by the Speaker of the Council ; which was accordingly done; whereupon Mr. Bassett entered the fol- lowing protest against the said bill, viz :
WHEREAS the bill entitled "An act for the amendment of the laws for establishing the salaries and allowances to the President, Justices of the Supreme Court and Justices of the Courts of Common Pleas and Orphans' Court of this State, and the fees
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of the other civil officers thereinafter mentioned, and the allow- ances to jurors and witnesses," has been engrossed and signed by the Speaker of the House of Assembly and sent to the Coun- cil, in order to be signed by the Speaker of the same, with a clause therein contained not warranted by any amendment or proposition agreed to by the General Assembly, which proceed- ings I conceive to be illegal and unjustifiable, I do therefore hereby protest against the same, and pray that this protest may be entered on the minutes of the Council.
RICHARD BASSETT.
On motion, by order,
The resolution for affixing the Great Seal to the foregoing last mentioned bill was read, concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, " TUESDAY, P. M., December 29, 1779."
"On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of this State to the following law, to wit :
""'An act for the amendment of the laws for establishing the "salaries and allowances to the President, Justices of the Su- "preme Court and Justices of the Courts of Common Pleas and "Orphans' Courts of this State, and the fees of the other civil "officers hereinafter mentioned, and the allowances to jurors and " witnesses.'
"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolution for raising the officers in the Delaware Regi- ment in rotation was read and concurred in, and is as follows, viz:
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., December 28, 1779.
"On motion,
"Resolved, That the officers of the Delaware Regiment in the "Continental Army be raised, in rotation, so as to fill up the
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"vacancies occasioned by the resignation of Lieutenant Colonel "Charles Pope, who has resigned his office therein ; and that the " President and Commander-in-Chief be requested to transmit a "copy of this resolution to the Board of War.
" Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order,
The resolution of the House of Assembly for allowing each officer in the Delaware Regiment a hat, was read, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., December 28, 1779.1 " On motion,
"Resolved, That each commissioned officer in the Delaware " Regiment be allowed a hat, in addition to the clothing hereto- "fore allowed them by the General Assembly, which the Clothier- "General is hereby directed to furnish.
" Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order,
The resolution of the House of Assembly empowering the Speakers of both Houses to draw an order for ten thousand pounds in favor of the Clothier-General was read the first time.
Then the following accounts, brought in for the expenses of the Council, incurred at their present meeting for services ren- dered the State, were allowed, viz :
To the Honorable John Clowes, Esq., Speaker, for his traveling charges, &c., 107 0 0
To William Polk, Esq., for ditto, 75 10 0
To William Conwell, Esq., for ditto, 96 0 0
To John Baning, Esq., for ditto,
45 0 0
To Richard Cantwell, Esq., for ditto,
22 2 6
Carried forward, £ 345 12 6
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MINUTES OF THE COUNCIL-1779.
Brought over, . £ 345 12 6 To Mrs. Huggins, for boarding Messrs. Collins and Hyatt, including traveling charges, 524 13 9 To Mr. John Lea, for boarding Mr. Bassett, includ- ing traveling charges, 185 26 To Miss Alice Bennett, for boarding the Honorable John Clowes, William Conwell, William Polk, and Benjamin Vining, Esquires, . 980 0 0
To Mr. Israel Brown, for liquors, &c., 197 10 0
To Mr. Henry Kitchen, for keeping several of the members' horses,
405
To Mr. Benjamin Vining, Clerk of the Council,
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To Mr. John Thelwell, Sergeant-at-Arms, 165 5 0
To Mr. John McGonogle, barber, .
75 0 0
£ 3289.89
On motion, by order,
The resolution for the adjournment of the General Assembly to Lewes-town, in Sussex County, was read a third time and con- curred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, December 25, 1779. 1
" On motion,
"Resolved, That the General Assembly of this State will meet "at the Town of Lewes, in the County of Sussex, on the day to "which the present sessions may be adjourned, there to sit and "transact the public business.
"Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl' k of Assembly."
Then the Council adjourned until the 22d day of May next, to meet at the Town of Lewes, in the County of Sussex.
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MARCH, 1780.
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
CALLED SESSION, MARCH, 1780.
At a meeting of the Council at the Town of Lewes, in the County of Sussex, by a special order of the President, on. Tues- day, the 28th day of March, in the year of our Lord one thou- sand seven hundred and eighty, a quorum of the members to form an House not attending, the Council adjourned from day to . day until Monday, the 3d day of April, 1780.
MONDAY, April 3, 1780.
The Council met. The following members attended, viz :
For New Castle County-Peter Hyatt.
For Kent County-Thomas Collins, John Baning, Richard Bassett.
For Sussex County-The Honorable John Clowes, William Conwell, William Polk.
Adjourned till to-morrow morning at 10 o'clock.
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TUESDAY, April 4th, 1780.
The Council met. Present the same members.
The writs for convening the General Assembly at the Town of Lewes not being laid before the Council, the House adjourned from day to day until Friday, the 7th instant.
FRIDAY, April 7th, 1780.
The Council met. Present the same members as on Tuesday.
The Secretary now delivered the writs for summoning the General Assembly to the Clerk of the Council, which by him were laid before the Council and read ; and thereupon the . Speaker laid upon the table a message from his Excellency, the President, of the 31st March last, which had been delivered to him by Mr. Stidham, a members of Assembly, on the 6th instant; and also a letter from the President of Congress to the President of this State, inclosing a Proclamation of Congress for setting apart Wednesday, the 26th instant, as a day of fasting, humilia- tion and prayer, with a resolution of the House of Assembly, for that purpose, founded thereon, which had been delivered to him by Mr. Bryan, a member of Assembly, on the 4th instant.
On motion, by order,
The President's message, and its inclosures, were severally read, and the said message is as follows, viz :
"Gentlemen of the General Assembly :
"A circular letter of the twenty-sixth of February last, which " I have received from the President of Congress, with an act of "that honorable body of the twenty-fifth of the same month, "calling upon the several States to procure their respective "quotas of supplies for the ensuing campaign, have, from the "importance of the subject, determined me, with advice of the
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THE DELAWARE STATE, 1780.
"Privy Council, to convene you before the time to which you "adjourned ; both because a speedy compliance with that act, "and vigorous exertions in carrying the same into execution, "appear to be equally obvious and essentially necessary. I have "therefore directed the Secretary to lay these papers before your "Honors for your immediate consideration ; and also to lay be- "fore you two acts of Congress of the thirteenth and fourteenth "of January last, the former containing regulations to be adopted "relating to prisoners of war, whether taken by the Continental "troops or captured by the arms of any particular State, either "by sea or land, in order to obviate many difficulties occurred "for want of these general regulations ; the other recommending "to the Legislature of each of the United States to make pro- "vision, where the same is not already done, for conferring like "immunities on the subjects of his most Christian Majesty as are "granted to the subjects of these States by divers articles in the "treaty of amity and commerce; and likewise a recommendation "to the several States to set apart Wednesday, the twenty-sixth " of April next, as a day of fasting, humiliation and prayer.
"I must also entreat the attention of your Honors to an act "of Congress, of the eighteenth instant, calling on the several "States to bring in the Continental Currency, by monthly taxes, "or otherwise, as may best suit their respective circumstances, "and making provision for other bills to be issued in lieu thereof,. "under certain restrictions, accompanied by a circular letter, ad- "dressed from the President of Congress, on that subject, both "which the Secretary will lay before you for your perusal and "consideration, together with an act of Congress, of the twen- "tieth instant, recommending the revision of such laws as have " been passed making the said currency a tender in discharge of "debts and contracts. As the two last mentioned acts are of the "first importance to the inhabitants of America, I have no doubt "but they will meet your most serious attention.
" Dover, March 31, 1780. CÆSAR RODNEY."
On motion, by order,
The resolution appointing Wednesday, the 26th instant, to be observed as a day of fasting, humiliation and prayer, was read the first time.
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By special order, the same was read a second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., April 4, 1780.
"The committee to whom was referred the act of Congress "recommending Wednesday, the twenty-sixth day of April in- "stant, to be set apart as a day of fasting, humiliation and prayer, "reported the following resolution, to which the House agreed:
"Resolved, That Wednesday, the twenty-sixth day of April "aforesaid, be set apart as a day of fasting, humiliation, and "prayer to Almighty God, for the purposes in the above-recited "act of Congress expressed, and that his Excellency, the Presi- "dent, be requested to publish the same throughout this State " by proclamation, on or before the fourteenth day of this instant.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl' k of Assembly.".
Ordered, That Mr. Polk return the foregoing resolution, with the concurrence of the Council thereto, to the House of Assembly, . together with the letter and proclamation therein referred to and. accompanying the same.
Who, being returned, reported the delivery thereof according to order.
Mr. Bassett applied for leave of absence for a few days, which was granted to him.
Adjourned till to-morrow morning at 10 o'clock.
SATURDAY, A. M., April 8th, 1780.
The Council met. Present the same members as on yesterday, except Mr. Bassett and Mr. Conwell.
Doctor Molleston, a member of Assembly, was admitted and delivered to the Chair an act of Congress, of the 13th January
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THE DELAWARE STATE, 1780.
last, relative to prisoners of war brought into this State, with a bill, offered by the House of Assembly, founded thereon.
On motion, by order, the foregoing act of Congress, and the bill founded thereon, were severally read the first time.
By special order, the foregoing bill for regulating prisoners of war brought into this State, was read the second time and referred to Messrs. Clowes, Polk and Hyatt, to report thereon on Monday next.
Adjourned till Monday morning at 10 o'clock.
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MONDAY, April 10, 1780,
The Council met.
Some of the members attending on a committee, the Council adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., April 11th, 1780.
The Council met. Present all the members, except Messrs. Bassett, Cantwell, and Patterson.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair two receipts for public money paid into the Loan Office of Sussex County by Levin Derrickson and Joseph Haz- zard, commissioners appointed by an act of Assembly for the recovery of public monies from the late Trustees of the Loan Office in Sussex County, and others therein named, with a reso- lution of the House of Assembly respecting the said receipts.
The same member also delivered a petition from divers inhab- itants of Appoquinimink Hundred, in New Castle County, pray- ing leave to bring in a bill for embanking the marsh and cripple
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on Morris's Branch, in the said hundred, together with the pro- ceedings of the House of Assembly and a bill for that purpose founded thereon.
The same member also delivered to the Chair a resolution of the House of Assembly for the payment of £353 : 7 : 6 into the State Treasury by Joseph Stidham, appointed, by a resolution of the General Assembly at their last sitting, to make sale of the guard house and wooden part of the magazine in the Borough of Wilmington, with an account of the sales.
On motion, by order, the two foregoing receipts for public money paid by Levin Derrickson and Joseph Hazzard, Esquires, were severally read, and are as follows, viz :
"Received, November 4th, 1779, of Messrs. Levin Derrick- "son and Joseph Hazzard, commissioners appointed by act of "General Assembly, the sum of four thousand four hundred "and forty-six pounds and nine pence three farthings, principal, "and nine hundred and sixty-seven pounds and two pence three "farthings, interest, due from the late Trustees of the General "Loan Office of Sussex County, according to the settlement of "the public accounts in the year one thousand seven hundred "and seventy-four.
"£5413 : 1 : 01/2. JOHN RODNEY, Trustee L. O."
" Received, April 6th, 1780, of Messrs. Levin Derrickson and "Joseph Hazzard, commissioners appointed by act of Assembly "of this State, the sum of four hundred eighty-eight pounds "seventeen shillings and four pence, principal, and one hundred "seventeen pounds and seven pence, interest, being a balance "due from David Hall and Jacob Kollock, as settled by the "House of Assembly in the year one thousand seven hundred "and seventy-four.
" £605 : 17 : II. DAVID HALL, Trustee L. O."
On motion, by order,
The resolution of the House of Assembly respecting the two foregoing receipts was read the first time.
By special order, the same was read a second time, concurred in, and is in these words, viz :
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THE DELAWARE STATE, 1780.
"IN THE HOUSE OF ASSEMBLY, " FRIDAY, P. M., April 7, 1780.
"Resolved, That the said two receipts be and are hereby de- "clared to be full and sufficient acquittances and discharges as "well to the aforesaid late Trustees of the Loan Office of the "County of Sussex, and to David Hall and Jacob Kollock afore- "said, as to the said commissioners, Levin Derrickson and Jo- "seph Hazzard ; and that the sum of one hundred pounds be "allowed to the said Levin Derrickson and Joseph Hazzard for "their expenses and trouble in discharge of the duty enjoined "them by the act of General Assembly aforesaid ; which said "sum shall be drawn for by the Speakers of both Houses on "the State Treasurer.
"Extract from the minutes. JAS. BOOTH, 1 Cl'k of Assembly."
"Sent for concurrence.
On motion, by order,
The resolution for the payment of £353 : 7 : 6 into the State Treasury by Joseph Stidham, Esq., was read the first time.
By special order, the same was read a second time, and sundry * amendments were proposed and agreed to.
Ordered, That Mr. Conwell return the foregoing resolution and proposed amendments to the House of Assembly for concur- rence, together with the two foregoing receipts for public monies paid by Messrs. Levin Derrickson and Joseph Hazzard, and the resolution of the House of Assembly founded thereon, concurred in by the Council.
Mr. Conwell, being returned, reported the delivery thereof ac- cording to order.
On motion, by order,
The petition from divers inhabitants of Appoquinimink Hun- dred, praying leave to bring in a bill for embanking the marsh and cripple on Morris's Branch, &c., the proceedings of the House of Assembly, and the bill founded on the said petition, were severally read the first time. ..
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Bryan, a member of Assembly, was admitted and deliv- ered to the Chair a circular letter from the President of Congress to the President of this State, inclosing an act of Congress, of the 14th January last, recommending to the Legislatures of the sev- eral United States to make provision for conferring like privileges and immunities on his most Christian Majesty as are granted to the subjects of these States by divers articles of the treaty of amity and commerce, with a bill proposed for that purpose ; which was read the first time.
The committee to whom the bill for regulating prisoners of war was referred, now reported sundry amendments to the same; which, by order, were read, agreed to and ordered to be trans- cribed.
Ordered, That the foregoing bill and transcribed amendments be sent to the House of Assembly, by Mr. Polk, for concurrence.
On motion, by order,
The bill for embanking the marsh and cripple on Morris's Branch was read the second time and referred to Messrs. Hyatt and Polk, to report thereon.
· On motion of Mr. Collins for leave of absence during the present sitting, the same was granted to him.
Adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, A. M., April 12th, 1780.
The Council met. Present the same members as on yesterday, except Mr. Collins.
Mr. Patterson now appeared in the Council, and, in his place, made his excuse for non-attendnce ; which, being admitted, he took his seat.
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THE DELAWARE STATE, 1780.
The committee to whom the bill for embanking the marsh and cripple on Morris's Branch, &c., was referred, now reported sun- dry amendments to the same; which, by order, were read, agreed to and ordered to be transcribed.
Mr. Polk now reported the delivery of the papers committed to his charge, according to order of yesterday.
On motion, by order,
The bill for conferring certain privileges and immunities on the subjects of his most Christian Majesty, the King of France, was read the second time.
By special order, the same was read a third time by paragraphs and passed the Council.
Ordered, That Mr. Conwell wait on the House of Assembly with the foregoing bill, as agreed to by the Council, and the cir- cular letter and act of Congress relative thereto ; and also return to that House the bill for embanking the marsh and cripple on Morris's Branch, &c., and the transcribed amendments thereto, with the petition and proceedings of the House of Assembly ac- companying the same.
Who, being returned, reported the delivery thereof according to order.
Adjourned till to-morrow morning at 10 o'clock.
THURSDAY, A. M., April 13, 1780.
The Council met. Present the same members as on yesterday.
Mr. Stidham, a member of Assembly, was admitted and pre- sented to the Chair two petitions from the owners and possessors of the marsh on Red Lyon Creek, in New Castle County, with a resolution of the House of Assembly founded on the said peti- tions.
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