USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 35
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"Resolved, That the President and Commander-in-Chief of the "State be and hereby is empowered to draw his order on the "State Treasurer in favor of the said receivers respectively for "such sums of money as he may judge necessary to enable the "said receivers to conduct the business with dispatch and ex- "pedition ; for which the said receivers are respectively to be. "accountable to the General Assembly.
"Resolved also, That the President and Commander-in-Chief "hereby is empowered and requested to write to the Board of "War to procure arms and other accoutrements for the use of "the three hundred and fifteen men required of this State, the "same to be procured on loan, or charged to the State, as may "be most agreeable to the said Board.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolution empowering the President to fit out barges, &c., was read the first time.
By special order, the same was read the second time and con- curred in, and follows in these words, viz : *
" The resolution is not recorded.
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Ordered, That Mr. Patterson return the two foregoing resolu- tions, with the concurrence of the Council to each respectively, to the House of Assembly.
Mr. Patterson, being returned, reported the delivery of the same according to order.
On motion, by order,
The resolution empowering the Speakers to draw an order in favor of S. McCall for {280, was read the second time and re- jected.
On motion, by order,
The report of the committee of the House of Assembly on Capt. Learmouth's accounts was read the second time and agreed to, and is as follows, to wit :
"Your committee who were directed to converse with Capt. "Learmouth on the subject of his accounts, have had such con- "ference, and thereupon beg leave to report : That in the opin -; "ion of your committee the premium which was allowed by a "resolution of the General Assembly, dated the - day of June, "1779, is now quite insufficient for the duty, and by the depre- "ciation of our paper currency has become much less than was "designed by the Legislature ; therefore your committee are of "opinion that the reward now to be allowed to Capt. Learmouth "for the recruiting service should be made equal to the reward " designed by the Assembly at the time of entering into the reso- "lution aforesaid, and also that the reasonable expenses of Capt. "Learmouth during his attendance for the settlement of his ac- " counts ought to be paid by this State.
" Your committee, being further instructed to report what may "be the state of the accounts, do report that, after allowing several "sums of money expended in taking up and securing deserters, "and also for Capt. Learmouth's expenses going to, staying at, "and returning from Philadelphia, being sent there by the Gov- "ernor for money, there appears due from the said Capt. Lear- "mouth the sum of four thousand one hundred and thirty-six "dollars."
Ordered, That Mr. Baning return to the House of Assembly Capt. Learmouth's muster roll and recruiting accounts, with the
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THE DELAWARE STATE, 1780.
report of the committee thereon agreed to by the Council, and the Auditor General's report, and also deliver the resolution em- powering the Speakers to draw an order in favor of S. McCall for { 280, rejected by the Council.
Mr. Baning reported the delivery of the aforesaid several papers according to order.
WHEREAS the present mode of raising recruits to fill up the Delaware Regiment is found, by experience, not to answer the good purposes thereby intended ; for the more easy and speedy filling up the regiment aforesaid, therefore
Resolved, That the President or Commander-in-Chief in this State for the time being may, and he is hereby authorized and empowered, to appoint one or more suitable persons in each county of this State, inhabitants thereof, to the recruiting service, for the purpose aforesaid.
Resolved also, That every person on the recruiting service, appointed as aforesaid, shall be allowed one hundred and ninety dollars for each able-bodied soldier he may enlist to serve during the war, and who shall pass muster.
That an additional bounty of two hundred dollars, over and - above the two hundred dollars allowed by Congress, be given to every soldier that may be so enlisted.
That the President advance, from time to time, to the persons so appointed, out of the money in his hands for the recruiting service (if any), such sums as he may think necessary for the aforesaid service ; and
That the persons appointed to the service aforesaid respectively shall, when called upon by the President, account with him for the expenditures of all monies by them received for the aforesaid service.
Ordered, That Mr. Conwell deliver the foregoing resolutions to the House of Assembly for their concurrence.
Mr. Conwell, being returned, reported the delivery thereof according to order.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair the account of Robert Crozier against the Delaware State, for services done, amounting to £ 306.
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The same member also delivered a resolution directing the County Lieutenant to account for fines received ; and also a reso- lution requesting the President to write to Congress.
On motion, by order,
The account of Robert Crozier was read, considered, and al- lowed for the sum of two hundred and four pounds.
On motion, by order,
The resolution directing the County Lieutenant to account for fines received, was read and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, " WEDNESDAY, A. M., June 21, 1780.
"On motion, ...
"Resolved, That the Lieutenants of the Counties attend the "General Assembly at their meeting in October next without "fail, and render an account of the fines and forfeitures they "have received.
"Resolved, That the Clerk furnish each of them speedily with "a copy of the above resolution.
" Extract from the minutes. JAS. BOOTH,
" Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolution requesting the President to write to Congress, &c., was read the first time and concurred in, and follows in these words, viz : *
Ordered, That Mr. Cantwell return the foregoing account, allowed by the Council, and the two last mentioned resolutions, with the concurrence of the Council to each respectively, to the House of Assembly.
Mr. Cantwell reported the delivery thereof according to order.
Mr. West, a member of Assembly, attending, was admitted and delivered to the Chair the following laws, engrossed and
* The resolution is not recorded in the minutes.
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THE DELAWARE STATE, 1780.
respectively signed by the Speaker of the House of Assembly, in order to be compared and signed by the Speaker of the Council, viz :
I. The bill for the preservation of public buildings, &c .;
2. The Embargo bill ;
3. The bill for payment and discharge of divers receipts, &c .;
4. The Supply bill ;
5. The Militia bill ;
And also a resolution of the House of Assembly for affixing the Great Seal of this State to the same.
On motion, the several foregoing bills were read, compared, and ordered to be signed by the Speaker ; which was done ac- cordingly.
On motion, by order,
The resolution for affixing the Great Seal to the before men- tioned laws was read the first time and concurred in, and is as . follows, viz :
" IN THE HOUSE OF ASSEMBLY, " WEDNESDAY, June 21, 1780.
"On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of the State to the following bills, to wit :
I. "An act for the preservation of buildings erected upon the lands of inhabitants of this State for the use of the United States, and vesting such buildings and lands in the United States during the present war, and to punish persons for waste or trespasses made and committed thereon, and for other purposes therein mentioned ;"
2. "An act to prohibit the exportation of provisions from this State beyond the seas for a limited time ;"
3. "An act for payment and discharge of divers receipts, notes, or certificates in the hands of inhabitants of this State, issued by Francis Wade, Esq., Deputy Quartermaster General
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within this State for the Continental Army, and his agents or assistants, for forage and other articles furnished by them to the said department for the public service ;"
4. "An act for procuring an immediate supply of provisions within this State for the Army of the United States of America, and for other purposes therein mentioned ;"
5. "An act for embodying a number of the Militia of this State for the purpose of reinforcing the Army of the United States."
"Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl' k of Assembly."
Ordered, That the foregoing bills, and the resolution for affixing the Great Seal to the same, respectively signed by the Speaker of the Council, be returned to the House of Assembly by Mr. Collins.
Who reported the delivery of the same according to order.
Mr. Peery, a member of Assembly, was admitted and delivered to the Chair the resolution empowering the President to appoint . one or more persons within this State for the recruiting service, with the concurrence of the House of Assembly thereto.
Ordered, That the Speaker sign an order in favor of Derrick- son and Hazzard for the sum of one hundred pounds ; also that he draw an order in favor of James Adams for £533; in favor of Wilson and Butler for £ 156 : 5 : o; and also in favor of Benja- min Crooks for £ 150 : 0 : 0 and { 165 : o : o, and Thomas Black for £100 : 0 :0.
Whereupon the aforesaid several orders were immediately signed by the Speaker of the Council.
Adjourned till 3 o'clock, P. M.
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THE DELAWARE STATE, 1780.
EODEM DIE, P. M.
The Council met and took into consideration the accounts of their expenses at the present session, and the following allow- ances were made, to wit :
To John Clowes, for traveling expenses, as per bill,
No. I, . £ 72
To Samuel Patterson, for do. do., No. 2,
90
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To William Conwell, for do. do., No. 3, 85 0 0
To Peter Hyatt, for do. do., No. 4,
15
To Richard Cantwell, for do. do., No. 5,
39 10 0 To William Polk, for do. do., No. 6,
22 10 0
To Benjamin Vining, Clerk of the Council, as per bill, No. 7, 2 6
337
To Thomas North, barber, as per bill, No. 8, 75
To French Battell, as per bill, No. 9, 3,142 12 6
£ 3,878 15 0
Ordered, That the Speaker draw orders on the State Trea- surer for the payment of the aforesaid sums.
Whereupon the said orders was immediately drawn and signed by the Speaker.
Then the Council adjourned to the 30th day of September next, to meet at the Town of Dover.
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MINUTES OF COUNCIL.
OCTOBER, 1780.
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a meeting of the Council at the Town of Dover, on Friday, October 20th, Anno Domini, 1780, a sufficient number of mem- bers to make a quorum not attending, the Council adjourned from day to day till Wednesday, November Ist, 1780.
WEDNESDAY, A. M., November Ist, 1780.
The following members appeared in the Council, viz :
For New Castle County-Samuel Patterson, Richard Cantwell. For Kent County-Thomas Collins, John Baning.
For Sussex County -- William Conwell, William Polk.
The return of the Sheriff and Inspectors for the County of New Castle of the election of a Councillor to fill the seat of Peter Hyatt, Esquire, which became vacant on the first day of October last by rotation, being laid on the table, it appears that Thomas McDon- ough, Esquire, was elected a member of the Council for the said County of New Castle, in the room of the said Peter Hyatt, on the second day of October aforesaid.
Mr. McDonough appeared in the Council.
The return of the Sheriff and Inspectors for the County of Kent of the election of a Councillor to fill the seat of Richard Bassett, Esquire, which became vacant on the first day of Octo-
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ber last by rotation, being laid on the table, it appears that John Cook, Esquire, was elected a member of the Council for the said County of Kent, on the second day of October aforesaid, in place of Mr. Bassett.
The return of the Sheriff and Inspectors for the County of Sussex of the election of a Councillor, being laid on the table, it appears that John Clowes, Esquire, whose seat became vacant on the first day of October last by rotation, was reelected a member of the Council for the said County of Sussex, on the second day of October aforesaid.
Mr. Clowes appeared in the Council.
The Council then proceeded to the choice of a Speaker, and Thomas Collins, Esquire, was elected.
The Speaker being seated in the Chair, Mr. Benjamin Vining was chosen Clerk of the Council, and Benjamin Crooks Door- keeper and Sergeant-at-Arms.
Mr. McDonough and Mr. Clowes, the two members chosen* at the last general election, took the oath and subscribed the decla- ration prescribed by the twenty-second article of the Constitution . of this State, and then took their seats. [See note on page 10.]
Mr. Benjamin Vining, Clerk of the Council, appeared in the House, took the oath and subscribed the declaration prescribed by the 22d article of the Constitution, and also took the oath of office. [See note on page II.]
On motion,
Ordered, That Messrs. Patterson and Clowes be a committee to wait on the President and inform him that the Council, having met, are ready to receive any business his Excellency may have to lay before them.
The committee, being returned, reported that they had waited on his Excellency, the President, according to order, and deliv- ered the message committed to them, and that he 'was pleased, in answer, to say, that he had laid his business before the House of Assembly, and that the same, in its regular course, would come before the Council.
Adjourned till 3 o'clock, P. M.
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THE DELAWARE STATE, 1780.
EODEM DIE, P. M.
The Council met.
Mr. Waples, a member of the House of Assembly, attending, was admitted and presented to the Chair a letter from the Pre- sident of Congress, addressed to his Excellency, the President, with two acts of that honorable body, of the 12th and 24th Au- gust last, for making provision for the officers of the army.
The same member also delivered to the Chair a letter from General Gist to his Excellency, the President, of the 12th Sep- tember, 1780, together with a letter from Captain James Moore, addressed to Thomas Collins, Esquire, and the resolutions of the House of Assembly respecting the officers of the Delaware Regi- ment.
On motion, by order, the foregoing letters, and the several papers accompanying the same, were read the first time.
Adjourned till to-morrow morning at 10 o'clock.
THURSDAY, A. M., November 2d, 1780.
The Council met. Present the same members as on yesterday. On motion, by order,
The resolutions of the House of Assembly respecting the offi- cers of the Delaware Regiment, were read a second time, and an amendment was proposed and agreed to.
Ordered, That the same be transcribed, and that Mr. Patter- son wait on the House of Assembly therewith, and also return the said resolutions and the several acts of Congress of the 12th and 24th August, delivered yesterday.
Mr. Patterson, being returned, reported that he had waited on the House of Assembly with the said papers according to order.
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Mr. Collings, a member of the House of Assembly, attending, was admitted and delivered to the Chair the resolutions respect- ing the officers of the Delaware Regiment, with the amendment proposed thereto by the Council acceded to by the House of As- sembly; which were read, as amended, and concurred in by the Council, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., October 31st, 1780.
"The committee to whom were recommitted the report on the "acts of Congress of the 12th and 24th August, and the letter "from General Gist, reported an essay of the business assigned "them ; whereupon, the same being read and concurred in, it is
"Resolved, That an immediate supply of two months pay, in "specie, be advanced by this State to each of the officers of the "Delaware Regiment who were made prisoners in the action of "the 16th of August last and now remain with the enemy, and "also to Capt. James Moore and Lieutenant John Hyatt, of the "said regiment, who are now prisoners on Long Island ; and "that one months pay, in specie, be advanced to the other offi- "cers of the said regiment, who have been in the service of the "United States of America in the Southern Department.
"That, in order to procure the said sum, in specie, eighty- "five thousand dollars, in Bills of Credit, emitted by Congress, "be forthwith laid out by Samuel Patterson, Esquire, the State "Treasurer, in the purchase of a sum of money, in specie, for "the purpose aforesaid ; and that an order be drawn by the "Speakers of the two Houses of the General Assembly to enable "the said Treasurer to apply so much of the public money for "the use aforesaid ; and, as soon as the same specie shall be "obtained, that the State Treasurer pay such part thereof as is "hereinbefore allotted to the officers who have been in the "service of the United States in the Southern army to Captain " William McKennan ; or, in case of his death, or inability to "proceed to the army, to such other person as the State Trea- "surer may think proper, who is to be accountable to the Gen- "eral Assembly for the disposition of the said monies ; and that "the State Treasurer remit the part allotted to Captain Moore "and Lieutenant Hyatt in such way as he shall deem most safe.
"That the State Treasurer charge the Continental Treasury
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"with the said eighty-five thousand dollars as so much advanced "of this State's quota for the United States.
"That the Clothier-General of this State be directed to pur- "chase immediately the necessary clothing and stores for the " officers and soldiers, as well prisoners as others, belonging to "the aforesaid regiment, and have them forwarded, with all "convenient speed, to the said officers and soldiers ; and that "an order be drawn on the State Treasurer in favor of the said "Clothier-General for the sum of fifty-five thousand dollars, to "enable him to perform that service ; the said Clothier-General "to account with the General Assembly for the expenditure of " the aforesaid sum.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
Ordered, That Mr. Cantwell return the foregoing resolutions, with the concurrence of the Council thereto, to the House of As- sembly.
Who reported the delivery thereof according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and adjourned to 10 o'clock to-morrow morn- ing.
FRIDAY, November 3, 1780.
The Council met and adjourned to 10 o'clock to-morrow morn- ing.
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SATURDAY, A. M., November 4th, 1780.
The Council met. Present all the members.
Mr. Cook, a member of the Council for the County of Kent, now appeared in the Council, took the oath and subscribed the declaration prescribed by the 22d article of the Constitution of this State, and then took his seat. [See note on page 10.]
Mr. Peery, a member of the House of Assembly, attending, was admitted and delivered to the Chair a petition, signed by sundry inhabitants of Sussex County, with a bill for the relief of divers persons concerned in the late insurrection in that county, founded on the said petition.
The same member also delivered a resolution of the House of Assembly respecting an adjournment; which, by order, was read, and is as follows, to wit :
" IN THE HOUSE OF ASSEMBLY, "FRIDAY, P. M., November 3, 1780.
" On motion,
. " Resolved, That it is the intention of this House to adjourn "the present sessions to-morrow evening to a distant day ; and " that Mr. Peery wait on the Council with a copy of this resolu- "tion for their information.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order,
The petition from sundry inhabitants of Sussex County, and the bill founded thereon, were severally read the first time.
On motion of Mr. Cook, for leave to bring in a bill for sus- pending the operation of the tender bills for a limited time, the same was granted, and a bill for that purpose was laid on the table, and, by order, read the first time.
On motion, by order,
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The bill for the relief of divers persons concerned in the late insurrection in Sussex County, was read the second time, and was referred to Mr. Speaker, Mr. Clowes, and Mr. Patterson, to report thereon this afternoon.
On motion, by order,
The bill for suspending the operation of the tender bills, was read the second time and referred to Messrs. McDonough, Cook, and Polk, to report thereon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Kollock, a member of the House of Assembly, attending, was admitted and delivered to the Chair the President's message to the General Assembly, of the 25th ultimo, inclosing three cir- cular letters from the President of Congress, an act of Congress, of the 25th August, for ascertaining the rank of Governors ; one of the 6th September last, for facilitating the final ratification of the Articles of Confederation, and one of the 20th September, containing a new arrangement of the army, together with an act of the Legislature of New York, and some proceedings of the respective Legislatures of the States of Maryland and Virginia relative to the Articles of Confederation.
The same member also presented to the Chair a message from the President to the General Assembly of the 28th October, in- closing an act of Congress of the 10th of the same month, res- pecting such unappropriated lands as may be ceded or relin- quished to the United States by any particular State.
On motion, by order,
The President's message of the 25th ultimo, and its inclosures, were severally read, and the said message is in these words, viz :
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"Gentlemen of the General Assembly :
"Divers acts of Congress, accompanied with circular letters, "from the President of that honorable body, and other papers "relative thereto, have been transmitted to me since the close of "the last session. These papers, from their nature and impor- "tance to the welfare of the State indispensably claiming the "attention of the Legislature, I have directed the Secretary to "lay before your Honors for your consideration, to wit: One "of the 6th ultimo, recommending measures to be adopted by "the several States for facilitating the completion and final rati- "fication of the Articles of Confederation, with an act of the "Legislature of the State of New York, and proceedings of the "respective Legislatures of the States of Maryland and Virginia "relative to that subject; two acts of the 12th and 24th of August "last, making further provision for the officers and soldiers of "the Continental Army, with recommendations to the several "States ; one, of the 25th of the same month, ascertaining the "rank of Governors or Presidents of the several States when "they may act in the field together, or in conjunction with the "Continental Army ; one, of the 26th, earnestly recommending "to the several States to take the most speedy and effectual "means in their power for drawing in their respective quotas of "the Continental Bills of Credit, to be destroyed by taxes, or "exchanging for them new bills, pursuant to the resolution of "the 18th of March last, that the whole of the new bills may be "issued ; also recommending to the several States to raise by "taxes, payable in the new bills above mentioned, or specie, "their respective quotas of three millions of dollars, agreeable "to the apportionment of the 7th of October, 1779, and pay "the same into the Treasury of the United States as soon as "possible, the payment to be duly completed by the last day of "December next ; one, of the 20th of September last, containing "a new arrangement of the army ; one, of the 29th of the same "month, recommending to the States respectively to supply their "Delegates with money for their support by other means than "drawing on the Treasury of the United States, except only in "such cases as may render that mode indispensably necessary ; "and a proclamation of the 18th instant, recommending Thurs- "day, the 7th of December next, to be observed as a day of "Thanksgiving and Prayer.
" I have also directed the Secretary to lay before your Honors
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"a letter, dated at the camp at Hillsborough on the 12th ultimo, "addressed to me from Brigadier-General Gist, requesting a "supply of clothing and stores for the troops of this State in the "Southern army, and also money and necessaries to render com- " fortable the situation of such of our troops as were lately cap- " tivated and are now prisoners with the enemy.
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