USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 38
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Ordered, That the same be transcribed and sent, with the two foregoing resolutions, to the House of Assembly for their consid- eration and concurrence, by Mr. Conwell.
Who, being returned, reported the delivery of the said papers according to order.
On motion, by order,
The bill for stating the accounts of the several Loan Offices
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was read the second time and referred to Messrs. Clowes, Cant- well, and Cook, to report thereon.
The committee to whom the foregoing bill was referred, now reported some amendments thereto; which were read, agreed to, and ordered to be transcribed.
Ordered, That Mr. Patterson return the foregoing bill, with the transcribed amendments, to the House of Assembly for con- currence.
Mr. Patterson reported the delivery thereof according to order.
The Council now put in nomination persons for a Privy Coun- cellor, in the room of Eleazar McComb, Esquire, whose seat is become vacant by rotation, when several persons were named for consideration, to be balloted for in the afternoon.
Adjourned till 4 o'clock, P. M.
EODEM DIE, P. M.
The Council met, and proceeded, agreeable to the order of the day, to ballot for a Privy Councillor, in the room of Eleazar Mc- Comb, Esq., out of the persons before put in nomination, and it appeared, upon examining the ballots, that Isaac Griffith was de- clared duly elected.
Mr. Young, a member of Assembly, was admitted and returned to the Chair the bill for ascertaining the per diem wages of the members of the General Assembly of the Delaware State, and for other purposes therein mentioned, with the following resolution of the House of Assembly thereon, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, A. M., Feb. 12, 1781.
"On motion for a second reading of the bill entitled 'An act "for ascertaining the per diem wages of the members of the "General Assembly of the Delaware State, and for other pur- "poses therein mentioned,'
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"Resolved, That the same, being a money bill for the support "of Government, ought to have originated in the House of As- "sembly, agreeable to the sixth section of the Constitution of " this State, and that House cannot proceed upon the bill afore- " said.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
The same member also delivered to the Chair a bill in lieu of the preceding, entitled "An act for ascertaining the allowance to members of the General Assembly, and for other purposes."
On motion, by order, the foregoing bill was read the first time.
By special order, the same was read the second time.
The same was read a third time, by paragraphs, and will pass. 1
Ordered, That the foregoing bill be returned to the House of Assembly, agreed to by the Council, by Mr. Polk.
Who, being returned, reported the delivery thereof according to order.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of that House for accelerating the collection of the public taxes, and a resolution for stating public accounts.
The same member also delivered to the Chair a resolution respecting the payment of certificates, &c.
The same member also delivered to the Chair a resolution respecting supplies to be purchased in the respective Counties of this State, and also a resolution directing the mode of pay- ment in the Treasury.
On motion, by order, the foregoing resolutions were severally read the first time.
By special order, the resolution for accelerating the collection of the public taxes, was read the second time and concurred in, and is in these words, viz :
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"IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 12, 1781.
"On motion,
"Resolved, That the President be requested to order the At- "torney General to commence suits immediately on the bonds "of such Treasurers as have not performed the duties required "of them respectively by law, and also, upon the second day of "April next, to commence suits on the bonds of such Collectors "as shall not by that day have collected their respective quotas "of the public taxes now due and paid the same to the Treasurer "of their County ; and that copies of this resolve be forthwith "transmitted to the President or Commander-in-Chief and the "respective Treasurers within this State, and that the County "Treasurers respectively, as soon as may be after the receipt of "such copies, make out and transmit duplicate copies to each "Collector of his County.
"Extract from the minutes.
"Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly." .
On motion, by order,
The resolution for stating public accounts was read the second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 12, 1781.
"Resolved, That William Peery, Esq., be and hereby is ap- "pointed to settle and state all the accounts between this State "and the United States, and that for effectually executing this " resolution he be empowered to call for books and papers relat- "ing to the said accounts which have come to the hands of any "person or persons in public office ; that he make his report to "the General Assembly as soon as may be, returning therewith "as many original vouchers as can be procured, and where such "cannot be procured, returning authentic copies, or other the "best documents that can be obtained, indorsing and arranging "them in regular order.
" That the said William Peery be allowed one hundred pounds,
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"in the bills to be emitted on the credit of this State, for perform- "ing the duties required by this resolve.
"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolution respecting the payment of certificates was read the second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 12, 1781.
"Resolved, That no directions be given by the State Treasurer "to the Treasurers of the respective Counties of this State, or "any of them, to receive and discharge the receipts, notes, or "certificates, mentioned in an act entitled 'An act for the pay- "ment and discharge of divers receipts, notes, or certificates in " the hands of inhabitants of this State, issued by Francis Wade, "Esq., Deputy Quartermaster-General 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,' until he receive the further orders of the Gen- "eral Assembly for that purpose.
"Extract from the minutes. JAS. BOOTH, Cl'k of Assembly."
" Sent for concurrence.
On motion, by order,
The resolution respecting the purchasing supplies in the res- pective Counties, &c., was read the second time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, " MONDAY, Feb. 12, 1781.
"Resolved, That the Receivers of Supplies in the respective "Counties of this State, and every of them, forbear all further "purchasing or issuing of certificates by virtue of the act entitled "'An act for procuring an immediate supply of provisions within
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"this State for the Army of the United States of America, and "for other purposes therein mentioned.'
"Extract from the minutes. JAS. BOOTH,
" Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolutions directing the mode of payment in the Treasury were read the second time and concurred in, and are as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 12, 1781.
" On motion,
"Resolved, That all drafts made or to be made by the General "Assembly upon the Treasury shall be paid by the State Trea- "surer in order, according to the priority of their respective "dates, unless by special directions of the General Assembly "some of a later date be preferred to others of an earlier date; "and that at the end of every session the Clerk of the House of " Assembly deliver to the said Treasurer an abstract of all drafts "made during that session and copies of all special directions for "preferences aforesaid.
"That the drafts in favor of George Craghead, Esq., Clothier- "General, for fifty-five thousand dollars, and the order drawn by "the Speakers of the two Houses of the General Assembly to "enable the State Treasurer to apply eighty-five thousand dol- "lars in the purchase of specie for an advance of pay to the "officers of the Delaware Regiment; the draft in favor of Wil- "liam Millan for twenty thousand dollars, and another in favor " of the same for fifteen thousand dollars, and the draft in favor "of Isaac Carty for ten thousand dollars, to be paid and applied "by the State Treasurer, one after the other as they are men- "tioned in the resolve, in preference to any draft heretofore "made by the General Assembly or the President.
"Resolved, That the State Treasurer withhold all further pay- "ments of the two-thirds of the public tax to the Continental "Treasury by virtue of the act entitled 'An act for furnishing "supplies within this State for the Army of the United States for "the ensuing campaign.'
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
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THE DELAWARE STATE, 1781.
Ordered, That Mr. Cook return to the House of Assembly the several foregoing resolutions, respectively concurred in by the Council.
Mr. Cook, being returned, reported the delivery thereof ac- cording to order.
Mr. Peery, a member of Assembly, was admitted and delivered to the Chair a resolution for affixing the Great Seal to the several bills passed this session, together with the said bills therein men- tioned, respectively engrossed and signed by the Speaker of the House of Assembly, in order that the said bills may be signed by the Speaker of the Council.
The same member also delivered to the Chair a resolution for the adjournment of the General Assembly to Dover ; and also returned the resolution of the Council empowering the Speakers of the two Houses to draw an order on the State Treasurer in favor of Isaac Carty for ten thousand dollars, concurred in by the House of Assembly.
On motion, by order, the several bills above mentioned were read and compared, and directed to be signed by the Speaker ; which was accordingly done.
On motion, by order,
The resolution for affixing the Great Seal to the foregoing bills was read and concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 12, 1781.
" On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of this State to the following laws, viz :
I. "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 ;"
2. "An act for the protection of the trade of this State on the River and Bay of Delaware ;"
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3. "An act to recruit the Regiment of this State now in the service of the United States ;"
4. "An act for stating the accounts of the several Loan Offices and of Commissioners 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 ;' "
5. "An act for ascertaining the allowance to members of the General Assembly, and for other purposes."
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order,
The resolution respecting the adjournment of the General As- sembly to Dover, was read the first time.
By special order, the same was read a second time, and some amendments were proposed, agreed to, and ordered to be trans- cribed.
Ordered, That the several 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 Assem- bly by Mr. Polk, together with the resolution respecting the ad- journment to Dover, and the proposed amendments thereto.
Mr. Polk, being returned, reported the delivery of the foregoing papers according to order.
Ordered, That the Speaker sign a joint order in favor of Jo- seph Hazzard and Levin Derrickson for the sum of one hundred pounds ; which was done.
Mr. Clark, a member of Assembly, was admitted and delivered to the Chair the resolution respecting the adjournment to Dover, with the amendments proposed thereto by the Council acceded by the House of Assembly.
The same member also delivered to the Chair a message from the President to the General Assembly, inclosing two acts of
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THE DELAWARE STATE, 1781.
Congress of the 3d and 7th instant, and a circular letter of the 8th from the President of Congress to the President of this State.
On motion, by order,
The resolution of the House of Assembly respecting the ad- journment of the General Assembly to Dover, was read, as amended, and concurred in, and is in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, P. M., Feb. 12, 1781.
"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, and there sit to " transact the public business. 1
"Extract from the minutes. JAS. BOOTH, " Sent for concurrence. Cl' k of Assembly."
Ordered, That Mr. Conwell return the same to the House of Assembly, concurred in by the Council.
Mr. Conwell, being returned, reported the delivery thereof according to order.
On motion,
Resolved, That Messrs. Patterson, Baning, and Cantwell be a committee to consider and report on the accounts brought in at this present meeting, which have not yet been allowed, and that the Speaker draw orders for the payment of the accounts already allowed.
Whereupon the following accounts, brought in for the traveling charges of the members, and other incidental expenses incurred at the present meeting, were allowed, and orders were accordingly drawn on the State Treasurer for the payment of the same, and signed by the Speaker, viz :
To John Baning, Esquire, for the traveling charges of himself and Messrs. Cook and Collins, £176 0 0
Carried forward, £ 176 0 0
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Brought over, . · £ 176 00 To John Clowes, Esquire, for the traveling charges of
himself and Messrs. William Polk and William Conwell, 641 12 6 To Benjamin Vining, Clerk of the Council, 860 19 9 To William Scott, for wood furnished the Council, 131 5 0 To Thomas Titus, for his attendance on the Council, &c., 60 0 0
£1869 17 3
Adjourned till to-morrow morning.
TUESDAY, A. M., February 13th, 1781.
The Council met. Present all the members, except Messrs. McDonough, Clowes, Conwell, and Polk.
The committee to whom the accounts of this meeting were re- ferred, now reported as their opinion that the following accounts be allowed, viz :
To John Stockton, for boarding Mr. Conwell, . . £ 417 15 0 To Mrs. Esther Mackey, for boarding Mr. Collins, 555 50
To Mrs. Margaret Bail, for boarding divers of the members and feeding their horses, 20,741 12 6
£ 21,714 12 6
Which report being agreed to,
Ordered, That the Speaker draw orders on the State Treasurer in favor of the above mentioned persons for the sum annexed to their respective names.
Whereupon the said orders were accordingly drawn and signed by the Speaker.
Then the Council adjourned to the 28th day of May next, to meet at the Town of Lewes, in Sussex County.
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COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, JUNE, 1781.
At a meeting of the Council, at the Town of Lewes, in Sussex County, by adjournment, on Monday, the 28th day of May, Anno Domini, 1781, a sufficient number of the members to form an House not attending, the Council adjourned from day to day until Tuesday, the fifth day of June, 1781.
TUESDAY, P. M., June 5th, 1781.
The Council met. Present the following members, viz :
For New Castle County-Mr. Cantwell, Mr. McDonough. For Kent County-The Hon. Thomas Collins, Mr. Baning. For Sussex County-Mr. Polk, Mr. Conwell.
On motion, by order, .
The President's message to the General Assembly, of the 12th of February last, delivered at their last meeting, inclosing two acts of Congress of the 3d and 7th of the same month, recom- mending to the several States to invest Congress with a power to
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levy certain imposts therein mentioned, and also the circular let- ter from the President of Congress of the 8th of February, were severally read the first time, and the said message is as follows, viz :
"Gentlemen of the General Assembly :
"Having this moment received a circular letter from the Pre- "sident of Congress, with two acts of that honorable body, "recommending to the several States to yest in Congress a "power to levy, for the use of the United States, certain imposts "in the said acts mentioned, I have directed the Secretary to lay "the same before your Honors for your consideration.
"New Castle, 12th Feb., 1781. CÆSAR RODNEY."
On motion, by order,
The petition in behalf of Charles Gordon, for leave to return from New York to this State, and Mr. Nicholson's letter, deliv- ered at the last meeting, were now read a second time.
Adjourned till to-morrow morning at 9 o'clock.
WEDNESDAY, June 6th, 1781.
The Council met. Present the same members as on yesterday. Adjourned till to-morrow morning at 9 o'clock.
THURSDAY, A. M., June 7th, 1781,
The Council met. Present the same members as on yesterday, and also Mr. Clowes.
Messrs. Cantwell and McDonough, two of the committee ap- pointed at the last meeting to view the premises mentioned in the petition of John Leuden and report thereon at the present sitting
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of the Council, now begged a further time to view the same and report their proceedings thereon ; which was granted. Where- upon they are indulged for this purpose until the next meeting of the Council.
On motion, by order,
The President's message of the 12th February last, and the papers referred to therein, were read a second time.
Ordered, That Mr. Clowes return the same to the House of Assembly, and inform them that as the said acts of Congress respect the levying of money, it would be inconsistent with the Constitution for the Council to act thereon in the first instance.
Mr. Clowes, being returned, reported the delivery thereof ac- cording to order. -
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a bill to aid the discontinuance of the process in the Court of Quarter Sessions of Kent County ; which, by order, was read the first time.
By special order, the same was read a second time, and re- ferred to Mr. Clowes, Mr. McDonough, and Mr. Cantwell, to report thereon in the afternoon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The committee appointed to report upon the bill to aid the discontinuance of the process in the Court of Quarter Sessions in the County of Kent, now report as their opinion that the same may pass.
Whereupon the same was read a third time, by paragraphs, and will pass.
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Ordered, That Mr. Conwell return the same to the House of Assembly, and inform them that the Council have agreed thereto.
Mr. Conwell reported the delivery thereof according to order. Adjourned till to-morrow morning at 10 o'clock.
FRIDAY, A. M., June 8th, 1781.
The Council met. Present the same members as on yesterday.
Mr. Waples, a member of Assembly, was admitted and de- livered to the Chair a bill for raising forty-five thousand dollars in specie or supplies, for the service of the year 1781, by a gen- eral tax, with two circular letters of the 23d March and the 24th May, 1781, from the President of Congress, and the several acts of Congress therein referred to, on the subject of supplies.
On motion, by order, the foregoing bill, and papers accom- panying the same, were read the first time.
By special order, the same were read the second time; and thereupon, on motion,
Resolved, That this House resolve itself into a grand committee of the whole to consider of the same bill and the accompanying papers.
Mr. Speaker left the Chair.
Mr. Conwell took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Mr. Conwell reported from the committee that they had made considerable progress in the business referred to them, and de- sired leave to sit again in the afternoon.
Mr. Young, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly respect- ing the adjournment of the present session.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met and proceeded, in a grand committee of the whole, in the consideration of the bill for raising forty-five. thou- sand dollars in specie or supplies, for the service of the year 1781, by a general tax.
Mr. Speaker left the Chair.
Mr. Conwell took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Mr. Conwell reported from the committee that they had prot posed sundry amendments to the said bill; which were taken into consideration, agreed to, and ordered to be transcribed. "
Mr. Barratt, a member of Assembly, was admitted and deliv- ered to the Chair a bill to dispose of sundry supplies in Sussex County ; which, by order, was read the first time.
Ordered, That Mr. Cantwell return to the House of Assembly the bill for raising forty-five thousand dollars in specie, &c., with the amendments proposed thereto by the Council, and the circu- lar letters and acts of Congress accompanying the said bill.
' Mr. Cantwell reported the delivery of the foregoing papers ac- cording to order.
On motion, by order,
The bill to dispose of sundry supplies in Sussex County, was read the second time, and sundry amendments were proposed ; which, being read and agreed to, were ordered to be transcribed.
Ordered, That Mr. McDonough wait on the House of Assem- bly with the foregoing bill and proposed amendments.
Mr. McDonough reported the delivery thereof according to order.
Mr. Peery, a member of Assembly, was admitted and returned to the Council the amendments proposed by them to the bill for
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raising forty-five thousand dollars in specie, &c., generally dis- agreed to by the House of Assembly, except as to a part of their fourth amendment, and their fifth and sixth amendments.
Adjourned till to-morrow morning at 9 o'clock.
SATURDAY, A. M., June 9th, 1781.
The Council met. Present the same members as on yesterday.
The Council now reconsidered the amendments proposed by them to the bill for raising forty-five thousand dollars in specie, &c., and disagreed to by the House of Assembly, and after some time spent therein, the further consideration was postponed. ·
Adjourned till Monday morning at 10 o'clock.
MONDAY, June 11, 1781.
The Council met. Present the same members as on Saturday, except Messrs. Polk and Conwell.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and resumed the consideration of their amend- ments to the bill for raising forty-five thousand dollars in specie, &c., and receded from such of their amendments thereto as were disagreed to by the House of Assembly, and proposed some fur-
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THE DELAWARE STATE, 1781.
ther amendments to the same bill ; which, being agreed to, were ordered to be transcribed and sent to the House of Assembly, with the said bill and first amendments, by Mr. Baning, for their consideration and concurrence.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., June 12th, 1781.
The Council met. Present the same members as on yesterday, and also Messrs. Polk and Conwell.
Mr. Baning now reported the delivery of the several papers committed to him according to the order of yesterday. ₹
Adjourned till 3 o'clock, P. M.
.
EODEM DIE, P. M.
The Council met and adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, A. M., June 13, 1781.
The Council met. Present the same members as on yesterday. Adjourned till to-morrow morning at 10 o'clock.
THURSDAY, A. M., June 14th, 1781.
The Council met. Present the same members as on yesterday. Adjourned till 3 o'clock, P. M. 80
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EODEM DIE, P. M.
The Council met.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair the bill for raising forty-five thousand dollars in specie, &c., with the further amendments proposed thereto by the Council acceded to by the House of Assembly, and some amendments proposed thereto on the part of the House of As- sembly.
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