USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 39
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The same member also delivered to the Chair a supplementary bill to the act entitled "An act for calling out of circulation and cancelling the quota of this State, according to the present ap- 1 portionment, of all the Bills of Credit emitted by Congress, and for emitting and funding new bills, according to the resolutions of Congress of the eighteenth day of March last, and for other purposes."
On motion, by order,
The bill for raising forty-five thousand dollars in specie, &c., with the amendments proposed thereto by the Council and ac- ceded to by the House of Assembly and made therein, and also the amendments proposed by the House of Assembly to the same bill, were read, and the said amendments were agreed to by the Council, and ordered to be returned, together with the said bill, to the House of Assembly, by Mr. Conwell.
On motion, by order,
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The supplementary bill to the act 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 read the first time.
On motion of Mr. McDonough, for leave to bring in a bill, by way of supplement to the act entitled "An act for regulating and establishing fees," the same was granted ; whereupon a bill for that purpose was laid on the table, and, by order, read the first time.
Adjourned till 8 o'clock to-morrow morning.
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THE DELAWARE STATE, 1781.
FRIDAY, A. M., June 15th, 1781.
The Council met. Present the same members as on yesterday. On motion, by order,
The supplementary bill to the act entitled "An act for calling out of circulation, &c.," was read the second time.
On motion, by order,
The bill by way of supplement to the act entitled "An act for regulating and establishing fees," was read a second time.
Mr. Conwell 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.
On motion, by order, the supplementary bill to the act entitled "An act for calling out of circulation, &c.," was read the third time, by paragraphs, and will pass.
On motion, by order,
The bill by way of supplement to the act entitled "An act for regulating and establishing fees," was read the third time, by paragraphs, and passed the Council.
Ordered, That Mr. Cantwell deliver the two foregoing bills to the House of Assembly.
Mr. Cantwell reported the delivery thereof according to order. Adjourned till 10 o'clock to-morrow morning.
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MINUTES OF THE COUNCIL OF
SATURDAY, A. M., June 16, 1781.
The Council met. Present the same members as on yesterday.
Mr. Young, a member of Assembly, was admitted and deliv- ered to the Chair a bill for expediting the march of the recruits for the Delaware Regiment.
On motion, by order, the foregoing bill was read the first time.
By special order, the same was read the second time and post- poned for further consideration until the afternoon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and resumed the consideration of the bill for expediting the march of the recruits for the Delaware Regiment, and proposed an amendment thereto ; which, being agreed to, was ordered to be transcribed.
Ordered, That Mr. Clowes wait on the House of Assembly with the foregoing bill and transcribed amendment, for concur- rence.
Mr. Clowes, being returned, reported that he had waited on the House of Assembly with the above papers according to order.
Mr. Peery, a member of Assembly, was admitted and deliv- ered to the Chair an additional supplementary bill to the Militia act, together with the resolutions of the House of Assembly di- recting that the first class of the Militia hold themselves in readi- ness to march, and for procuring arms.
The same member also delivered to the Chair a petition, signed by a majority of the owners of the Mill Creek Meadows, in New Castle County, with a bill founded thereon, entitled "A supple- mentary bill to the act entitled 'An act to enable the owners and
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THE DELAWARE STATE, 1781.
possessors of a certain tract of meadow, marsh and cripple, on both sides of Mill Creek, below the Town of New Castle, to keep the banks, dams and sluices in repair, and to raise a fund to de- fray the expense thereof, passed on the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and seventy ;' " the original act of the said 24th March, 1770; the report of the committee of the House of Assembly respecting the said banks, and an order to view the allotments thereof.
The same member also delivered to the Chair the bill for ex- pediting the march of the recruits for the Delaware Regiment, with the amendment proposed thereto by the Council disagreed to by the House of Assembly.
The same member also delivered to the Chair a message from the President to the General Assembly, of the 7th instant, inclos- ing three letters from the President of Congress, of the Ist and 2d instant, and an act of Congress of the 31st ultimo.
On motion, by order,
The additional supplementary bill to the Militia act, was read the first time.
The Council now took into consideration the amendment pro- posed by them, and disagreed to by the House of Assembly, to the bill for expediting the march of the recruits for the Delaware Regiment, and after some time spent thereon receded therefrom; whereupon the said bill was read by paragraphs and will pass.
Ordered, That Mr. Polk return the said bill and amendment to the House of Assembly, and inform them that the Council have receded from their said amendment and have agreed to the said bill, and that he also return the President's message, and its inclosures, to the House of Assembly.
Mr. Polk reported that he had waited on the House of Assem- bly with the above papers, according to order.
On motion, by order,
The resolutions directing the first class of the Militia to hold themselves in readiness to march on the shortest notice, was read the first time.
Adjourned till Monday next at 9 o'clock.
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MINUTES OF THE COUNCIL OF
MONDAY, A. M., June 18th, 1781.
The Council met. Present the same members as on Saturday.
On motion, by order,
The additional supplementary bill to the Militia act, was read the second time and postponed for consideration until this after- noon.
On motion, by order,
The supplementary bill to the act entitled "An act to enable the owners and possessors of a certain tract of meadow, marsh and cripple on both sides of Mill Creek, below the Town of New Castle, to keep the banks, dams and sluices in repair, and to raise a fund to defray the expense thereof, &c.," and the papers rela- tive thereto, were read the first time.
By special order, the said bill was read the second time, by .. paragraphs, and will pass.
Ordered, That Mr. Conwell return the foregoing bill, together with the petition and other papers relative thereto, to the House of Assembly, and inform them that the Council have agreed to the same bill.
Mr. Conwell reported the delivery of the above papers accord- ing to order.
Adjourned till 3 o'clock, P. M.
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THE DELAWARE STATE, 1781.
EODEM DIE, P. M.
The Council met.
Mr. Waples, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly, notify- ing their intention to adjourn this evening, with a resolution for adjourning the present sessions to Dover, of the present instant ; which, by order, were read.
The Council now resumed the consideration of the additional supplementary bill to the Militia act, and agreed to sundry amendments to the said bill, which were ordered to be trans- cribed and sent, with the said bill, to the House of Assembly, for their consideration and concurrence, by Mr. McDonough.
On motion, by order,
The resolution of the House of Assembly respecting the 'ad- journment of the General Assembly to Dover, was read the . second time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, A. M., June 18, 1781.
"Resolved, That the General Assembly of this State meet at "the Town of Dover, in the County of Kent, on the day to "which the present session may be adjourned, and there sit for "the transaction of public business.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
Ordered, That Mr. McDonough return the same to the House of Assembly, with the concurrence of the Council thereto.
Mr. McDonough now reported the delivery of the several pa- pers given in charge to him according to order.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a resolution of the House of Assembly for affixing the Great Seal to six bills passed this session, together with the said bills respectively compared and signed by the Speaker of the
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MINUTES OF THE COUNCIL OF
House of Assembly, in order that the same may be compared and signed by the Speaker of the Council.
The same member also delivered to the Chair a resolution for appropriating the sum of five hundred and fifty pounds to the discharge of a public debt contracted by Henry Neill, and also a resolution for ascertaining the amount of certificates for supplies furnished the Commissary's or Quartermaster's Departments in the respective Counties for the use of the Continent.
On motion, by order,
The resolutions directing that the first class of the Militia hold themselves in readiness to march, and for procuring arms, were read the second time and concurred in, and are as follows, viz :
" IN THE HOUSE OF ASSEMBLY,
" SATURDAY, P. M., June 16, 1781.
. " On motion,
"Resolved, That the President be requested to issue his orders "forthwith directing that the first class of the Militia, as they "stand classed in the Militia law, hold themselves in readiness "to march on the shortest notice to such place or places, as the "Commander-in-Chief of the Continental Army shall direct, "within the States, as directed by the aforesaid law.
"Resolved also, That he be requested to write to the Board of "War, informing them that this State have it not in their power "to arm, equip, and accoutre the regiment of Militia required of "them by Congress, in their resolution of the 31st of May, and "that he request the said Board of War to lend this State as "many arms and accoutrements as will be necessary for the pur- " pose aforesaid.
" Extract from the minutes. JAS. BOOTH, ,
" Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolution of the House of Assembly for affixing the Great Seal to the laws passed this session, was read the first time.
On motion, by order,
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THE DELAWARE STATE, 1781.
The resolution of the House of Assembly for appropriating the sum of five hundred and fifty pounds to the discharge of a debt contracted by Henry Neill, was read the first time.
On motion, by order,
The resolution of the House of Assembly for ascertaining the amount of certificates for supplies furnished the Commissary's or Quartermaster's Departments in the respective Counties of this State for the use of the Continent, was read the first time.
Ordered, That Mr. Polk return to the House of Assembly the resolutions directing that the first class of the Militia hold them- selves in readiness to march, and for procuring arms, with the concurrence of the Council thereto.
Mr. Polk, being returned, reported the delivery thereof accord- ing to order.
On motion, by order,
The resolution for affixing the Great Seal to the laws passed this session, was read the second time and concurred in, and is in these words, viz :
" IN THE HOUSE OF ASSEMBLY, "MONDAY, P. M., June 18, 1781.
" On motion,
"Resolved, That the President and Commander-in-Chief affix
" the Great Seal of this State to the following laws, viz :
I. "A supplementary act to the act entitled 'An act to enable the owners and possessors of a certain tract of meadow, marsh and cripple on both sides of Mill Creek, below the Town of New Castle, to keep the banks, dams and sluices in repair, and to raise a fund to defray the expense thereof,' passed on the twenty-fourth day of March, in the year of our Lord one thousand seven hun- dred and seventy ;"
2. "A supplementary act to the act 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 ;' " 81
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3. "An act for expediting the march of the recruits raised for the Delaware Regiment ;"
4. "An act for aiding the discontinuance of the process and proceedings in the Court of General Quarter Sessions of the Peace and Goal Delivery in Kent County ;"
5. "An act for raising seven thousand eight hundred and seventy-five pounds in specie for the service of the year one thousand seven hundred and eighty-one, by a general tax ;"
6. "An act to dispose of sundry supplies collected in Sussex County for the Army of the United States."
" Extract from the minutes. JAS. BOOTH,
" Sent for concurrence. Cl'k of Assembly."
On motion, by order,
The resolution for appropriating five hundred and fifty pounds to the discharge of a debt contracted by Col. Henry Neill, was read the second time and concurred in, and is as follows, viz : 1:
"IN THE HOUSE OF ASSEMBLY, MONDAY, June 18, 1781.
" On motion,
"Resolved, That the General Assembly of this State will apply "the sum of five hundred and fifty pounds, in specie, out of the "first monies that shall come into the Treasury thereof, towards "discharging a contract entered into by Col. Henry Neill with a "certain Thomas Salte for that sum, in pursuance of an act of " Assembly of the Delaware State, entitled 'An act for the pro- "tection of the trade of the Bay and River of Delaware,' and " the legal interest arising on that contract.
" Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order,
The resolution for ascertaining the amount of certificates for supplies furnished the Commissary's or Quartermaster's Depart- ments, &c., was read the second time and concurred in, and is in these words, viz :
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THE DELAWARE STATE, 1781.
"IN THE HOUSE OF ASSEMBLY, " MONDAY, June 18, 1781.
"On motion, .
"Resolved, That Col. Thomas Duff, of the County of New "Castle ; Philip Barratt, of the County of Kent, Esq .; and Wil- "liam Peery, of the County of Sussex, Esq., be and they are "hereby appointed for the counties in which they respectively "reside, to advertise all such persons within their county as have "furnished the Commissary's or Quartermaster's Departments "with any supplies for the use of the Continent to bring the cer- "tificates or other vouchers for the articles thus furnished, that "they may have an opportunity of taking a copy of the dates "of said certificates, the sums of money due, and the articles for "which they were given, that the same may be laid before the "General Assembly at their next sitting.
" Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
Mr. Caton, a member of Assembly, was admitted and deliv- ered to the Chair certain resolutions of the House of Assembly, directing the Receivers of Supplies in the respective Counties of this State to make out exact and complete returns of the quanti- ties and species of supplies raised or purchased, &c.
The same member also delivered certain resolutions, directing a return of all fines and forfeitures imposed in the respective Courts of General Quarter Sessions of the Peace and Courts of Oyer and Terminer and General Goal Delivery in the respective Counties of this State, to be laid, by the Clerks of the said Courts, before the General Assembly.
On motion, by order,
The resolutions directing the Receivers of Supplies to make out exact returns of the quantities and species of supplies raised or purchased, were read the first time.
By special order, the same were read the second time and con- curred in, and are as follows, viz :
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MINUTES OF THE COUNCIL OF
" IN THE HOUSE OF ASSEMBLY, "MONDAY, P. M., June 18, 1781.
"On motion,
"Resolved, That the Receivers of Supplies, in the respective "Counties of the State, make out exact and complete returns of "the quantities and species of supplies raised or purchased under " the act for furnishing supplies, within this State, for the army "of the United States, &c., passed the 15th April, 1780, and "under the act for procuring an immediate supply of provisions "within this State, for the army of the United States of America, "&c., passed the 21st day of June, 1780 ; specifying the places "where the same are, or may be deposited ; and also exact and "complete returns of the quantities and species of those supplies, "by them respectively delivered for the use of the United States, "together with receipts or certificates of such delivery. And "also that the said receivers respectively return perfect lists of "the outstanding, uncollected supplies, as taxed for under the "first mentioned act, specifying the names of the persons from "whom they may be due, with the quantity and species of sup, "ply they may be rated for, and after transmit the respective "returns, aforesaid, to the General Assembly, at Dover, by the "eleventh day of September next.
" That, at the time and place aforesaid, the Receivers of Sup- "plies for the Counties of New Castle and Kent, respectively, "render an account of the application of the several sums of "money advanced to them by the State Treasurer, in pursuance "of the resolutions and orders of the General Assembly in Feb- "ruary last.
"Extract from the minutes. JAS. BOOTH, Cl'k of Assembly."
" Sent for concurrence.
On motion, by order,
The resolutions directing returns to be made of all fines and forfeitures imposed in any of the respective Courts of Quarter Sessions of the Peace and the several Courts of Oyer and Ter- miner and General Goal Delivery in each of the Counties of this State, were read the first time.
By special order, the same were read the second time, con- curred in, and are as follows, viz :
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THE DELAWARE STATE, 1781. .
" IN THE HOUSE OF ASSEMBLY, " MONDAY, P. M., June 18, 1781.
"On motion,
"Resolved, That the Clerks of the respective Courts of Gen- "eral Quarter Sessions of the Peace and also of the several "Courts of Oyer and Terminer and General Goal Delivery, in "each of the Counties of this State, make out exact and complete "lists of all fines and forfeitures imposed in any of the courts "aforesaid since the 22d day of February, 1777, and that the "respective County Treasurers report an account of all fines, "forfeitures and penalties which they may have received, under "or by virtue of any law of this State, since the time aforesaid, "and how they may have disposed of the same, or any part "thereof, and that the said Clerks and Treasurers transmit the "same lists and accounts to the General Assembly, at Dover, "by the third day of September next.
"Resolved also, That the respective Lieutenants of the Coun- "ties in this State do attend the General Assembly, at their next "sitting, at Dover, on the seventh day of September next, with "their books of accounts of all such monies which they may. "or ought to have respectively received, in virtue of their said "office of Lieutenant, under the act of Assembly entitled, 'An "act for establishing a Militia within this State,' passed the 15th "of May, 1778, or under the supplement to the same act, passed "the 25th of December, 1779, and in what manner the same "monies, or any part, may have been disposed of or applied.
"Extract from the minutes.
"Sent for concurrence.
JAS. BOOTH, Cl' k of Assembly."
Mr. Collings, a member of Assembly, was admitted and de- livered to the Chair a resolution of the House of Assembly re- questing the President to obtain exact lists of the several Militia companies in each of the Counties of this State; which, by order, was read the first time.
By special order, the same was read the second time and con- curred in, and is as follows, viz :
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MINUTES OF THE COUNCIL OF
" IN THE HOUSE OF ASSEMBLY, "MONDAY, A. M., June 18, 1781.
"Resolved, That the President or Commander-in-Chief be re- "quested to obtain exact lists of the several companies of Militia "in each of the Counties of this State, and also the names and "number of men furnished by each company, under the 'Act for "embodying the Militia of this State for the purpose of reïnforc- "ing the Army of the United States,' passed the 21st of June, "1780, specifying the number of men which each of the com- "panies of Militia ought to have furnished, by the said act, and "that the same be laid before the General Assembly, at Dover, "by the tenth day of September next.
"Extract from the minutes. JAS. BOOTH,
"Sent for concurrence.
Cl'k of Assembly."
On motion, by order,
The six before mentioned bills, respectively signed by the Speaker of the House of Assembly, were read, compared, and directed to be signed by the Speaker of the Council ; which was accordingly done.
Ordered, That the said bills and the several preceding resolu- tions, with the concurrence of the Council thereto respectively, be returned, by Mr. McDonough, to the House of Assembly.
Mr. McDonough, being returned, reported that he had waited : on the House of Assembly with the above bills and resolutions, agreeable to order.
Adjourned till to-morrow morning at 9 o'clock.
TUESDAY, A. M., June 19th, 1781.
The Council met. Present the same members as on yesterday.
Mr. Peery, a member of Assembly, was admitted and delivered to the Chair the additional supplementary bill to the Militia act, with the amendments proposed thereto by the Council in part
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THE DELAWARE STATE, 1781.
disagreed to by the House of Assembly, and a paper of amend- ments proposed by the House of Assembly to the said amend- ments of the Council. .
On motion, the Council took into consideration the amend- ments proposed by each House to the above mentioned bill, and after some time spent therein receded from their amendments as disagreed to by the House of Assembly, and agreed to the amendments proposed by that House to the same bill ; where- upon the bill was read by paragraphs and passed the Council.
Ordered, That the said bill and amendments be returned to the House of Assembly by Mr. Polk.
. Mr. Polk reported that he had returned the same according to order.'
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Houston, a member of Assembly, was admitted and deliv- ered the additional supplementary bill to the Militia act, engrossed and signed by the Speaker of the House of Assembly, together with a resolution for affixing the Great Seal to the said bill.
On motion, the foregoing bill was read, compared, and di- rected to be signed by the Speaker of the Council ; which was accordingly done.
On motion, by order,
The resolution of the House of Assembly for affixing the Great Seal to the foregoing bill was read and concurred in, and is as fol- lows, viz :
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MINUTES OF THE COUNCIL OF
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., June 19, 1781.
"On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of this State to the following law :
"An additional supplementary act to the act entitled 'An act for establishing a Militia within this State.'
" Extract from the minutes. JAS. BOOTH,
"Sent for concurrence. Cl' k of Assembly."
Ordered, That Mr. Polk return the foregoing bill and resolu- tion, respectively signed by the Speaker of the Council, to the House of Assembly.
Mr. Polk, being returned, reported the delivery thereof ac- cording to order.
Then the Council proceeded to the settlement of their per diem wages and mileage incurred at this present meeting, and the ac- count of their Clerk, and the following allowances were made, viz:
To the Honorable Thomas Collins, Esq., as per ac- count, No. I, £ 20 14 0
To John Baning, Esq., as per account, No. 2, 16 50
To Thomas McDonough, Esq., do., No. 3, 22 0 6
. To John Clowes, Esq., do., No. 4, . 14 13 0
To William Conwell, Esq., do., No. 5, 13 5 0
To Richard Cantwell, Esq., do., No. 6, 17 8 0 To William Polk, Esq., do., No. 7, 14 4 6
To Benjamin Vining, Clerk of the Council, No. 8, 18 16 3
£ 137 6 3
Resolved, That the Speaker draw orders on the State Trea- surer for the payment of the aforesaid respective sums.
Which was accordingly done.
Mr. Cantwell and Mr. Clowes informed the Council that they had received their commissions as fourth Justices of the Courts
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THE DELAWARE STATE, 1781.
of Common Pleas and Orphans' Courts for the Counties of New Castle and Sussex, and thereupon resigned their seats in the Council.
Whereupon
Ordered, That the Speaker issue writs to the Sheriffs of New. Castle and Sussex Counties, directing them to hold an election on the first day of October next in each of the said counties, agreeable to the Constitution and Laws of this State, for the choosing of one new member in each of the said counties, in the room of the said Richard Cantwell and John Clowes, Esquires, whose seats have become vacant by their acceptance of the said offices.
Then the Council adjourned to the - day of September next, to meet at the Town of Dover.
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