USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 37
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By special order, the same were read a second time, and the following amendment was proposed to the said resolution, viz : To insert the word [six] before the word [thousand], instead of the word [four]; which was agreed to, and ordered to be trans- cribed.
Ordered, That Mr. Conwell return to the House of Assembly the resolution for the appointment of a Committee of Public Ac- counts, with the concurrence and appointment of the Council thereto ; and also return the foregoing petition and resolution, with the transcribed amendment thereto.
Adjourned to Monday morning at 10 o'clock.
MONDAY, P. M., January 29th, 1781.
The Council met. Present the same members as on Saturday, except Mr. Patterson and Mr. McDonough.
Mr. Conwell reported the delivery of the several papers com- mitted to his charge, according to the order of Saturday.
Mr. Cook, who had been absent, now appeared, and in his place made his excuse for his non-attendance ; which was ad- mitted.
Adjourned till to-morrow at 10 o'clock.
TUESDAY, A. M., January 30th, 1781.
The Council met. Present all the members, except Mr. Pat- terson.
Mr. Stout, a member of the House of Assembly, attending, was admitted and delivered to the Chair the resolution for the payment of four thousand dollars to Lieut. Quenoault, with the
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amendment proposed thereto by the Council acceded to by the House of Assembly.
On motion, by order, the foregoing resolution was read and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, " MONDAY, A. M., January 29, 1781.
"By special order, the petition from Lieutenant Paul Queno- "ault, of the Delaware Regiment, was read the second time; and "thereupon
"Resolved, That the Speakers of both Houses of the General "Assembly draw an order on the State Treasurer in favor of the "said Paul Quenoault for the sum of six thousand dollars, for "which he is to be accountable.
" Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
Ordered, That Mr. Baning return the same resolution, with the concurrence of the Council thereto, to the House of Assembly.
Mr. Baning reported the delivery thereof according to order. Adjourned to 10 o'clock to-morrow.
WEDNESDAY, January 31st, 1781.
The Council met and adjourned till to-morrow.
THURSDAY, February Ist, 1781.
The Council met. Present all the members.
There being no business before the Council from the House of Assembly, the Council adjourned from day to day until Saturday, the 3d instant.
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SATURDAY, February 3d, 1781.
The Council met. Present all the members.
Adjourned to 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 an act of Congress, of the 20th March last, for repealing the tender law, and two other acts of that honorable body, of the 18th of the same month, on the subject of Finance, together with a bill entitled "An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, and for emitting and funding new bills, ac- cording to the resolutions of Congress of the 18th day of March last, and for other purposes.
On motion, by order, the foregoing acts of Congress, and the said bill, were severally read the first time.
Adjourned till 10 o'clock on Monday next.
MONDAY, A. M., February 5th, 1781.
The Council met. Present all the members.
Adjourned to 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
On motion, by order, the bill entitled "An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, and for emitting and funding new bills, according to the resolutions of Congress of the 18th day of March last, and for other purposes," was read the second time and deferred for consideration.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., February 6th, 1781.
The Council met. Present the same members. Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Speaker laid before the Council a letter of the 3d instant, addressed from Mr. McKean (one of the Delegates for this State in Congress) to the Speaker of the Council ; which, by order, was read, and ordered to be delivered by the Speaker to the Speaker of the House of Assembly, for their perusal and consideration.
The Council now resumed the consideration of the bill entitled "An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills
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of Credit emitted by Congress, and for emitting and funding new bills, according to the resolutions of Congress of the 18th day of March last, and for other purposes," and after some time spent therein the same was deferred till to-morrow.
Adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, A. M., February 7th, 1781.
The Council met. Present all the members.
The consideration of the bill entitled "An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, &c.," was now resumed again, and sundry amend- ments were proposed, agreed to and ordered to be transcribed.
Ordered, That Mr. Cantwell wait on the House of Assembly with the said transcribed amendments, for their consideration and concurrence, and also return the said bill.
Mr. Cantwell reported that he had waited on the House of Assembly with the said papers according to order.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and adjourned to 10 o'clock to-morrow.
THURSDAY, A. M., February 8th, 1781. The Council met. Present all the members.
Mr. Waples, a member of the House of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act to recruit the Regiment of this State now in the service of the
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United States," together with two circular letters from the Pre- sident of Congress, of the 6th and 26th October, 1780, inclosing two acts of Congress relative to the arrangement of the army, and the report of the House of Assembly thereon.
On motion, by order, the foregoing bill, and the papers accom- panying the same, were severally read the first time.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
On motion, by order, the bill entitled "An act to recruit the Regiment of this State now in the service of the United States," was read the second time and referred to a committee of three, to report thereon to-morrow morning.
The members chosen : Mr. Clowes, Mr. McDonough, and.Mr. Cook.
On motion of Mr. McDonough, for leave to bring in a bill for ascertaining the per diem wages of the members of the General Assembly of the Delaware State, the same was granted ; where- upon a bill was laid on the table, and
On motion, by order, the same was read the first time.
Adjourned to 10 o'clock to-morrow.
FRIDAY, A. M., February 9th, 1781.
The Council met. Present all the members.
The committee to whom was referred the bill entitled "An act to recruit the Regiment of this State now in the service of the United States," now reported as their opinion that the same may pass.
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Mr. Duff, a member of the House of Assembly, attending, was admitted and delivered to the Chair a proposition from the House of Assembly for the nomination of persons to be balloted for as Delegates from this State to Congress for the ensuing year ; and also persons to supply the place of Chief Justice of the Court of Common Pleas and Orphans' Court for the County of New Castle, in the room of John Jones, Esquire, deceased, and the place of fourth Justice of the said Court, in the County of Sussex, in the room of Isaac Smith, Esquire, deceased.
The same member also delivered to the Chair an account of William Peery, Esquire, against the State, amounting to five thousand three hundred and forty-four dollars, with the report of the committee of the House of Assembly thereon.
On motion, by order,
The proposition from the House of Assembly for the nomina- tion of persons to be balloted for as Delegates from this State to Congress for the ensuing year, &c., was read the first time.
On motion, by order,
The account of William Peery, Esquire, against the State, for five thousand three hundred and forty-four dollars, and the report of the committee of the House of Assembly thereon, were sever- ally read the first time, and the said account was rejected by the Council.
On motion, by order,
The proposition from the House of Assembly for the nomina- tion of persons to be balloted for as Delegates to Congress, &c., was read the second time, and an amendment was proposed, agreed to, and ordered to be transcribed.
On motion, by order,
The bill entitled "An act to recruit the Regiment of this State now in the service of the United States," was read a third time, by paragraphs, and passed the Council.
Ordered, That the foregoing bill, with the several papers accom- panying the same ; the proposition from the House of Assembly for the nomination of Delegates from this State to Congress, &c., and the transcribed amendment thereto ; and William Peery's
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THE DELAWARE STATE, 1781.
account, as rejected by the Council, with the report of the com- mittee of the House of Assembly thereon, be returned to the House of Assembly by Mr. Cook.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Cook now reported the delivery of the papers committed to him according to order. 1
Mr. Bassett, a member of the House of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act for stating the accounts of the several Loan Offices and of Com- missioners into whose hands any public monies have come by virtue of laws passed under the former Government, and for repealing part of an act entitled 'An act for the appointment of' Trustees of the General Loan Offices in the respective Counties of this State.' "
The same member also delivered to the Chair the proposition from the House of Assembly for the nomination of persons to be balloted for as Delegates to Congress, with the amendment pro- posed thereto by the Council acceded to by the House of As- sembly.
On motion, by order, the foregoing bill was read the first time.
On motion, by order, the foregoing proposition, as amended, was read and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "THURSDAY, P. M., February 8th, 1781.
" On motion,
"Ordered, That Mr. Duff wait on the Council and propose to "them that both Houses of the General Assembly meet in the "State House, to-morrow evening, at three o'clock, for the pur-
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" pose of nominating persons to be balloted for as Delegates from "this State to Congress for the ensuing year ; and also persons "to supply the place of Chief Justice of the Court of Common "Pleas and Orphans' Court for the County of New Castle, in the "room of John Jones, Esquire, deceased, and the place of fourth "Justice of the said Courts in the County of Sussex, in the room "of Isaac Smith, Esquire, deceased.
" Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
Ordered, That Mr. Conwell return the same to the House of Assembly, with the concurrence of the Council thereto.
Who, being returned, reported the delivery according to order.
On motion, by order,
The bill entitled "An act for ascertaining the per diem wages of the members of the General Assembly of the Delaware State, was read the second time.
Mr. Peery, a member of the House of Assembly, attending, was admitted and delivered to the Chair a verbal information that the House of Assembly are now ready to receive the Council, in the State House, for the purpose of putting into nomination per- sons to be balloted for as Delegates from this State to Congress for the ensuing year ; a Chief Justice of the Court of Common Pleas and Orphans' Court for the County of New Castle, and a fourth Justice of the said Courts in the County of Sussex, agree- able to their proposition of yesterday.
Then the Council proceeded to the State House and there met the House of Assembly for the purpose above mentioned.
Ordered, That Mr. Patterson, Mr. Latimer, and Mr, Kollock be a committee to wait on his Excellency, the President, and ac- quaint him that the General Assembly, having now met in the State House to put in nomination persons to be balloted for as Delegates from this State to Congress for the ensuing year, a Chief Justice of the Court of Common Pleas and Orphans' Court for the County of New Castle, and a fourth Justice of the said Courts in the County of Sussex, request his attendance, if he thinks proper.
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The committee, being returned, reported that they had waited on his Excellency, the President, and delivered the message com- mitted to them, according to order, when he was pleased, in an- swer, to say that he would wait on the General Assembly imme- diately.
The President attended in the General Assembly, and pro- ceeded with the members to put in nomination persons to be balloted for as Delegates from this State to Congress for the en- suing year, and to fill the vacancies in the Courts of Common Pleas and Orphans' Courts in the Counties of New Castle and Sussex ; whose names were taken down for the consideration of the members of both Houses.
On motion,
Resolved, That the two Houses now separate, and meet again, in the State House, at 10 o'clock to-morrow morning, to ballot for persons to supply the above mentioned vacancies out of the persons now put in nomination.
Then the Council withdrew.
On motion,
Resolved, That the following verbal message be sent from the Council to the House of Assembly, viz :
Gentlemen :
The Council desire to see the several messages presented to the General Assembly this session by the President, in order that they may be able to judge of the business necessary to be done.
Mr. McDonough is appointed to deliver the above message ; who, being returned, reported the delivery according to order.
On motion, by order,
The bill for ascertaining the per diem wages of the members of the General Assembly, was read the third time, by para- graphs, and agreed to by the Council.
Ordered, That Mr. Polk deliver the same to the House of Assembly for their consideration.
Mr. Molleston, a member of Assembly, was admitted and de- 77
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livered to the Chair the several messages presented this session by the President, dated the 12th and 25th January, and the Ist and 7th of this instant, with the papers therein referred to, agree- able to the request of the Council contained in their verbal mes- sage of this forenoon.
The same member also delivered a petition to the General As- sembly in behalf of Charles Gordon, praying permission to return from New York to this State, accompanied with a letter from Jos. Nicholson respecting Mr. Gordon.
The same member also delivered to the Chair the several pa- pers and proceedings of the Court of Admiralty of the State of New Jersey, respecting the removal of a vessel called the General Clinton, from Mispillion Creek, in this State, into New Jersey, by James Pollock and others.
The same member also delivered to the Chair a petition from John Lewden, praying leave to bring in a bill to alter the last course of the road leading from New Castle to Christiana village, with a bill for that purpose entitled "A further supplementary act to the act entitled 'An act for the better regulation of the roads in New Castle County.'
The same member also delivered a resolution of the House of Assembly respecting an adjournment of the present sessions to Monday, the 19th day of March next.
Adjourned till 9 o'clock to-morrow morning.
SATURDAY, A. M., February 10th, 1781.
The Council met. Present all the members.
Mr. Polk now reported the delivery of the bill for ascertaining the per diem wages of the members of the General Assembly, &c., to the House of Assembly, according to the order of yes- terday.
Mr. Houston, a member of Assembly, was admitted and de-
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livered to the Chair a bill for protecting the trade of the Delaware bay and river ; and informed the Council that the House of As- sembly are ready to receive them in the State House for the purpose of balloting for persons as Delegates from this State to Congress for the ensuing year; and also for a Chief Justice of the Court of Common Pleas and Orphans' Court for the County of New Castle, and a fourth Justice of the said Courts for the County of Sussex, agreeable to the order of the day.
Then the Council, agreeable to the order of the day, met the House of Assembly, in the State House, to ballot for persons to supply the above mentioned places out of the persons before put in nomination.
Then the General Assembly proceeded to ballot for persons as Delegates from this State to Congress for the ensuing year, and the ballots being examined it appeared that Thomas Rodney, Thomas Mckean, and Nicholas Vandyke, Esquires, were de- clared duly elected.
On motion,
Ordered, That Mr. McDonough, Mr. Duff, and Mr. Peery be a committee to wait on his Excellency, the President, and inform him that the General Assembly have met in the State House for the purpose of electing persons to supply the place of a Chief Justice of the Court of Common Pleas and Orphans' Court for the County of New Castle, and of a fourth Justice of the said Courts for the County of Sussex, and request his attendance at such election, if he thinks proper.
The committee, being returned, reported that they had waited on the President with the message committed to them according to order, when his Excellency was pleased, in answer, to say that he would attend the General Assembly immediately.
The President attended, and proceeded with the General As- sembly to ballot for persons to supply the said vacancies in the Courts of Common Pleas and Orphans' Court in the Counties of New Castle and Sussex.
Previous to the said balloting, on motion of Mr. Read,
Resolved, That the place of Chief Justice for the County of New Castle be supplied by the second Justice of the said Courts,
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and that the second, third and fourth Justices of the same Courts rise in the same progressive order, the one supplying the vacancy occasioned by the removal of the other ;
Whereupon, the box containing the ballots being examined, it appeared that James Latimer, Esq., the present second Justice of the said Courts, was declared duly elected Chief Justice thereof ; and John Thompson, Abraham Robinson, and Richard Cantwell Esquires, were declared duly elected second, third, and fourth Justices of the same Courts for the County of New Castle ; and it also appeared that John Clowes, Esq., was declared. duly elected the fourth Justice of the Court of Common Pleas and Orphans' Court for the County of Sussex.
Then the President withdrew, and the two Houses separated.
Adjourned till 3 o'clock.
EODEM DIE, P. M.
The Council met.
On motion, by order, the bill for protecting the trade of the Delaware bay and river, was read the first time.
By special order, the same was read a second time and re- ferred to a committee of three, to report thereon forthwith.
The members chosen : Mr. Patterson, Mr. Cook, and Mr. Clowes.
On motion, by order,
The several messages presented this session by the President to the General Assembly, were now read the first time.
On motion, by order,
The petition in behalf of Charles Gordon, and the letter from Joseph Nicholson, respecting Mr. Gordon, were severally read the first time.
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Ordered, That Mr. Polk return to the House of Assembly the several messages from the President to the General Assembly, presented this session, and the several papers relative thereto, except Mr. Nicholson's letter and the petition in behalf of Charles Gordon, and that he deliver the following verbal message from the Council, viz : -
Gentlemen :
The Council, from the want of time and a variety of business now before them, return the several messages presented to the General Assembly by the President, together with the several papers relative thereto, except a letter from Mr. Nicholson and the petition in behalf of Charles Gordon.
The committee to whom was referred the bill for protecting the trade of the Delaware bay and river, now reported as their opin- ion that the same may pass.
Whereupon the same was read the third time, by paragraphs, and will pass.
Ordered also, That Mr. Polk return the said bill to the House of Assembly.
Who, being returned, reported the delivery thereof according to order.
Mr. Young, a member of the House of Assembly, was admitted and delivered to the Chair a resolution of the House of Assembly to draw an order on the State Treasurer in favor of William Mil- lan for the sum of fifteen thousand dollars, together with another resolution to draw an order on the State Treasurer in favor of the said William Millan for the sum of twenty thousand dollars.
On motion, by order,
The petition of John Lewden, and the bill founded thereon, were read the first time.
By special order, the same were read a second time and re- ferred to a committee of three, to view the premises, and report their proceedings thereon at their next meeting.
The members chosen : Mr. McDonough, Mr. Patterson, and Mr. Cantwell.
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On motion, by order,
The resolution of the House of Assembly empowering the the Speakers of the two Houses of the General Assembly to draw an order on the State Treasurer in favor of William Millan for fifteen thousand dollars, was read the first time.
By special order, the same was read a second time and con- curred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., February 10, 1781.
" On motion,
"Resolved, That the Speakers of the two Houses of the Gen- 1 "eral Assembly draw an order on the State Treasurer in favor "of William Millan, Receiver of Supplies for New Castle County, " for the sum of fifteen thousand dollars, the said William Millan
"to account with the General Assembly for the same.
" Extract from the minutes. For JAS. BOOTH, Cl'k. . WILLIAM PEERY.
"Sent for concurrence.
On motion, by order,
The resolution empowering the Speakers of the two Houses to draw an order on the State Treasurer in favor of the same Wil- . liam Millan for the sum of twenty thousand dollars, was read the first time.
By special order, the same was read the second time and con- curred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., February 10th, 1781.
"On motion,
"Resolved, That the Speakers of the two Houses of the Gen- "eral Assembly draw an order on the State Treasurer in favor of "William Millan, Receiver of Supplies for New Castle County, " for the sum of twenty thousand dollars, to enable him to pro- "cure barrels for flour now on hand; the sum thus drawn for to "be replaced in the Treasury by New Castle County, if not al- "ready provided for by an extra supply of provisions by the said
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"county, and the said William Millan to account for the expen- "diture thereof with the General Assembly.
"Extract from the minutes. For JAS. BOOTH, Cl'k.
" Sent for concurrence. WILLIAM PEERY."
Adjourned till next Monday morning at 10 o'clock.
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MONDAY, A. M., February 12th, 1781.
The Council met. Present all the members, except Messrs. McDonough and Baning.
Ordered, That Mr. Conwell return to the House of Assembly the two resolutions empowering the Speakers of the two Houses to draw orders on the State Treasurer in favor of William Millan for the respective sums of fifteen thousand and twenty thousand dollars, with the concurrence of the Council severally thereto.
On motion,
Resolved, That the Speakers of the two Houses of the Gen- eral Assembly draw an order on the State Treasurer in favor of Isaac Carty, Receiver of Supplies for Kent County, for the sum of ten thousand dollars, to enable him to procure barrels for flour now on hand; the sum thus drawn for to be replaced in the Trea- sury by Kent County, if not already provided for by an extra supply of provisions by the said county, and the said Isaac Carty to account for the expenditure thereof with the General Assembly.
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