USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 4
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On motion,
Ordered, That a committee of four be appointed to bring in a bill for the more effectual establishing a Militia in this State. The members chosen are : Mr. Vandyke, Mr. Sykes, Mr. Cantwell and Mr. Wiltbank.
The House resuming the resolution of the House of Assembly for the appointment of a committee to settle and adjust the ac- 6
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counts of the officers and privates of the 2d Delaware Battalion, raised for the Flying Camp, previous to their being passed by the Commissary of Musters ;
Ordered, That Messrs. Sykes and Vandyke be a committee from this House, to join with the committee named by the House of Assembly in the business aforesaid.
Adjourned till to-morrow morning.
THURSDAY, January 16th, 1777.
Council met.
Mr. Sykes, one of the persons appointed to procure a Great Seal for this State, agreeable to the resolve of this House of the 2d of November, delivered at the table the following report from that committee, to wit :
" The committee appointed to get a skillful engraver to make "the Great Seal of this State, which was agreed upon by both "Houses, now report that they could procure no person capable "of executing the work to undertake it at this time, being en- "gaged in other very important business for the safety of their "country. That upon consulting an ingenious gentleman in the "art of heraldry, they are humbly of opinion that the Great Seal "agreed upon would be more suitable for a medal than the seal " of a State, and therefore submit the same to the consideration "of both Houses."
The House, taking the same into consideration, are satisfied with the reasons assigned for not carrying the resolutions afore- said into execution, and resolved that the said committee be discharged.
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A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following resolutions of that House for concurrence of Council, to wit :
" IN THE HOUSE OF ASSEMBLY, "MONDAY, January 13th.
" On motion,
" Resolved, That the former vote respecting a Great Seal be rescinded.
"On motion,
" Ordered, That Messrs. Cook, Robinson and Mckean be a " committee to confer with a committee of Council on the subject " matter of a device for and making of a Great Seal for this State, "and also to fix upon a seal which shall be held and deemed to "be the Great Seal pro tempore until the Great Seal to be agreed "upon by both Houses be made."
Which, being taken into consideration, was concurred in.
Resolved therefore, That the resolution of the 2d of November last respecting a Great Seal be rescinded.
Ordered, That Messrs. Cantwell and Wiltbank be a committee from this House to confer with the committee of Assembly on the subject matter of forming a Great Seal and fixing a seal pro tempore.
Ordered, That Mr. Vandyke wait on the House of the Assem- bly with the concurrence and appointment aforesaid.
Who, being returned, reported that he had delivered the same according to order.
The report of the proceedings of the commissioners appointed to repair to the army to nominate officers for the battalion to be raised as the quota of this State to serve during the war, being resumed,
Ordered, That the same be referred to a committee of three to report thereon. The members chosen : Mr. Cantwell, Mr. Sykes, and Mr. Vandyke.
Adjourned till to-morrow morning, 10 o'clock.
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FRIDAY, January 17th, 1777.
Council met.
The witnesses ordered to be summoned respecting the charge against Mr. Dingee, a member of this House, his being on board a British ship of war on or about the 30th of December last, all attending except Levi Potter, who was out of the State and not summoned,
Ordered, That notice be given to the Honorable the Speaker of the House of Assembly, and such of the members thereof as are in town, that the examination of the witnesses is to be had forthwith, that they may be present if they think fit.
The Speaker of the Assembly, with a number of the members of that House, attending, were admitted accordingly. Mr. Din- gee also attending by order.
The Council proceeded to the qualifying and examining Jacob Bennett, John Trip, Griffith Minshall, Jun., John Marshall, and Joseph Poole, severally and apart, respecting their knowledge of Mr. Dingee's being one of the five persons who had come on board the Pearl, ship of war, belonging to his Britannic Majesty, while they were prisoners there, all of whom having deposed that Mr. Dingee was not one of the persons aforesaid, nor had been on board the said ship of war during the time they were prisoners, to their knowledge or belief,
Thereupon the Council are unanimously of opinion that the suspicion of Mr. Dingee's being one of the persons who had come on board the British ship of war aforesaid during the time the witnesses aforesaid were prisoners is groundless.
Ordered, That Mr. Dingee take his seat as a member of this House.
The committee appointed to confer with a committee of the House of Assembly on the subject matter of a device for and
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making a Great Seal for this State, and also to fix upon a seal to be used instead thereof pro tempore, brought in their report,
Which was read and referred for consideration.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., January 18th, 1777;
Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair divers resolutions of that House for concurrence, as follows, to wit :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., January 17th, 1777.
"Resolved, N. C. D., That Mr. Mckean be a committee to "employ skillful workmen to make a silver seal of the diameter "of three inches and of a circular form, and that there be en- "graven thereon a Sheaf of Wheat and an ear of Indian Corn, "and an Ox, in full stature, in a shield with a river dividing the "wheat sheaf and ear of Indian corn from the Ox, which is to be "cut in the nether part of the shield below the river ; that the "supporters be an American Soldier, under arms, on the right, "and an Husbandman, with a Hoe in his hand, on the left, and "that a Ship be the crest ; and that there shall be an inscription "round the same, near the edge or extremity thereof, in the "words following, in capital letters : "THE GREAT SEAL "OF THE DELAWARE STATE," with the figures 1777; "which shall, from and after the delivery thereof to the President "and Commander-in-Chief, be the Great Seal and deemed the " Arms of this State.
"Resolved, That the Seal of the County of New Castle shall "be deemed and held to be the Great Seal of this State pro tem-
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"pore until the above described Great Seal is made and delivered "to the President and Commander-in-Chief, and no longer."
Which, being read, were concurred in.
Resolved, That Mr. Sykes be appointed, together with Mr. McKean, for procuring a new Great Seal as aforesaid.
"IN THE HOUSE OF ASSEMBLY, " THURSDAY, January 16th, 1777.
"Ordered, That Mr. Ridgely and Mr. Horsey be of the Com- "mittee for Publick Accounts, appointed at the last sitting of this "House, in the room of Messrs. Lockwood and Bradley, who "are absent; and that the accounts of the Independent Company "and the Militia of this State be referred to the said committee."
Which, being read, was concurred in.
"IN THE HOUSE OF ASSEMBLY, .
'"FRIDAY, A. M., January 17th, 1777. .
"On the report of the committee to whom ten several letters "from the Council of Safety, the President of the Congress, &c., " &c., were referred,
"Resolved, I, That two chains of fire-rafts be built as soon as "possible and laid up in Christiana, or some other convenient "harbor, from whence they may be brought to act against the "ships of the enemy in case they should attempt to come up the " Delaware.
"2. That two hundred barrels of bread, one hundred and " forty barrels of beef, and sixty barrels of pork, be ordered to " be purchased and deposited at Dover and Wilmington, or in "such proper places as the President and Commander-in-Chief "of this State shall direct, for the use of the Militia and Conti- "nental troops that may be called into action within the same, "or that may have occasion therefor on their march elsewhere ; "and that one ton of powder, two tons of lead, and five hundred "stand of arms, be procured as soon as practicable, and secured "in the safest and most convenient places, by the President, for "the use of this State.
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" 3. That a committee be appointed to join a committee of "the Council, to state an account of expenditures by this State "for and in behalf of the Continent, and lay the same before the "respective Houses.
"4. That Mr. Speaker be directed to write a circular letter "to each captain in the Delaware Battalion, to transmit forthwith "to the General Assembly an account of the number of levies "recruited by them on the new establishment.
"5. That Mr. Speaker be directed to write a letter to the "President of the Congress, informing him that the persons "employed in Pennsylvania under the Congress to buy clothing "for the army have purchased up almost all the articles of that "kind which were to be had in this State, and therefore it is "hoped that they will be pleased to give some direction for the "speedy clothing of the Delaware Battalion, as a single company "of them will not be able to march without new clothes."
. Which, being also read, were concurred in.
Ordered, That Mr. Vandyke wait on the House of Assembly with their several resolutions aforesaid agreed to by this House.
Resolved, That Messrs. Sykes and Vandyke be a committee from this House to join a committee of the House of Assembly to state an account of expenditures by this State for and in behalf of the Continent.
Ordered, That Mr. Vandyke deliver a copy of this resolution to the House of Assembly.
Adjourned to Friday, the 24th instant.
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MONDAY, January 27th, 1777.
Council met. Present the Speaker, Messrs. Vandyke, Cant- well, Sykes, Wiltbank and Polk.
From the inclemency of the weather on Friday last, a quorum of members not attending, all business was postponed to this day.
The Council being informed that Slator Clay, Clerk of this House, is sick, his non-attendance is excused.
Mr. Vandyke reported that he had waited on the House of Assembly with the sundry resolutions of that House, and agreed to by the Council on the 18th instant, and delivered the same according to order.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following resolution and order, to wit :
" IN THE HOUSE OF ASSEMBLY, "January 27th, 1777.
" The House resumed the consideration of the amendments pro-
"posed by the Council to the amendments made by this House "in the report of the Committee for Publick Accounts, and,
"On motion,
"Resolved, That the same be recommitted to the said com- "mittee, and that the Council be requested to concur therein.
"Ordered, That the orders of this House for arresting Boas "Manlove and Thomas Robinson, Esquires, of the County of "Sussex, together with the return of the Sergeant-at-Arms "thereon, and the letter from the said Thomas Robinson to "James Garriger, Esq., be laid before the Council."
And the member aforesaid delivered, at the same time, the said orders of arrest, with their returns, together with Thomas Robinson's letter, which were read and laid on the table.
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Resolved, That the Council concur in the recommitment of the report on Publick Accounts, proposed by the House of Assembly as aforesaid.
Adjourned till to-morrow, 10 o'clock, A. M.
TUESDAY, January 28th, 1777.
Council met.
Ordered, That Mr. Speaker write to Messrs. Collins and Bas- sett, at the camp in New Jersey, desiring their attendance in Council, if the service they are in will admit.
Several members appointed on committees desiring leave of absence on that account,
Council adjourned till to-morrow morning, 10 o'clock, A. M.
WEDNESDAY, January 29th, 1777.
Council met.
On motion,
Ordered, That a messenger be dispatched with the letters wrote by the Speaker to Col. Collins and Capt. Bassett, members of this House, requiring their attendance if they may consistent with the service they are now in in the army under General Washington. 7
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A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair a letter from the Presi- dent of Congress, inclosing certain resolutions of Congress, and the following resolution formed thereon, to wit :
"IN THE HOUSE OF ASSEMBLY, " TUESDAY, A. M., January 28th, 1777.
"WHEREAS the General Assembly of this State have passed, "at their first meeting this session, a bill entitled 'An act to "render certain bills of credit a legal tender within this State, "and to prevent the counterfeiting the same and other bills of "credit ;' And whereas Mr. Speaker yesterday laid a letter "from the President of the Honorable the Congress before the "House, together with certain resolutions of Congress respecting "the bills of credit heretofore emitted by that honorable body, "which are recommended to the several Legislatures of the "Thirteen United States of America to be enforced by laws ;
" Resolved, That Mr. Mckean, Mr. Stout, and Mr. Lea be a "committee to confer with a committee of Council respecting "the contents of the aforesaid resolutions of Congress, and to. "report certain additional clauses to the above mentioned bill,; "for the more effectual supporting the credit of the Continental "currency, and also for the preventing and punishing the coun- "terfeiting tickets in the Publick Lottery set on foot by Con- "gress ; and that the Council be desired to appoint a committee "to join herein, and to make report as soon as possible."
Which, being read, were referred for consideration.
The committee to whom the report of the proceedings of the commissioners ordered to repair to camp was referred, now brought in their report thereon, which was read,
And thereupon
Resolved, That a Lieutenant Colonel and a Major be appointed to the Battalion now raising in this State to serve during the war, as the same was not done by the commissioners aforesaid ; and that it be recommended to the House of Assembly to join with the Council in such appointment, and that the same be done by a joint ballot of both Houses.
Resolved, That a representation be made to General Washing-
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ton of the mistake committed with respect to the commission granted to Peter Jaquet, as oldest 2d Lieutenant in the battalion aforesaid, who ought to have had a commission and rank in the said battalion as Fifth Ist Lieutenant.
Resolved, That Mr. James Tilton's commission as Surgeon to the said battalion, with his letter of resignation, be transmitted to General Washington, that he may appoint another in his stead.
Ordered, That the foregoing resolutions, with the report of the commissioners aforesaid and the several papers delivered by them to this House, be sent to the House of Assembly for their con- sideration and concurrence.
Resolved, That the allowance to be made to the commissioners who repaired to camp, by order of the General Assembly, be re- ferred to the Committee for Publick Accounts, to wit : Messrs. Sykes, Dingee, Thompson, Ridgely and Horsey. ·
Ordered, That Mr. Polk wait on the House of Assembly with this and the foregoing resolutions for concurrence.
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EODEM DIE, P. M.
Council met.
Mr. Polk reported that he had delivered the resolutions and papers given him in charge this day to the House of Assembly according to order.
The House resumed the consideration of the resolution of the House of Assembly respecting the appointment of a committee of both Houses to report additional clauses to the bill entitled "An act to render certain bills of credit a legal tender within this State, and to prevent the counterfeiting the same and other bills of credit," passed at their first meeting this session agreeable to certain resolutions of Congress of the 14th instant,
And thereupon
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Resolved, That the mode pointed out by the House of Assem- bly for carrying the resolutions of Congress into execution would, in the opinion of this House, be irregular and productive of con- fusion. That this business, as also all other acts of legislation, should take their rise in the one House or the other, and, when determined upon, referred to the other House for consideration and concurrence.
Ordered, That the following message, drawn up at the table, be transcribed, signed by the Speaker, and sent to the House of Assembly, that is to say :
Gentlemen :
The Council have taken into consideration the resolution of your House of yesterday proposing the appointment of a com- mittee of their body, to join a committee named by you, for the framing additional clauses to a bill, passed at our first meeting in this session, entitled "An act to render certain bills of credit a legal tender within this State, and to prevent the counterfeiting the same and other bills of credit," in consequence of certain resolutions of Congress of the 14th instant, and though we wish to do everything on our part to render those resolutions more * effectual within this State, we apprehend the mode pointed out by you for doing so by a joint committee would be irregular and productive of confusion. This business, as also all other acts of legislation, should take their rise in the one House or the other, and, when determined upon, be referred to the other for consideration. We therefore hope you will reconsider your reso- lution so far as the same relates to the request that the Council should appoint a committee to join the committee of your House in the first stage of this business.
Ordered, That Mr. Wiltbank wait on the House of Assembly with this message, and return the resolution of that House, with the President of Congress's letter and the resolutions of Congress referred to in the message, and also the concurrence of this House to the recommitment of the amendments proposed to the report of the Committee for Publick Accounts.
Adjourned till to-morrow morning, 10 o'clock.
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THURSDAY, A. M., January 30th, 1777.
Council met.
Mr. Wiltbank reported that he had waited on the House of Assembly according to the order of yesterday.
A member from the House of Assembly, attending at the door, was admitted and returned the resolutions of this House of the 15th instant, with the concurrence of the House of Assembly to all of them except the resolve founded on the resolution of Con- gress of the 27th of December, recommending the marching of the new levies of this State by companies, and parts of companies, which is suspended until an answer is received from Congress to a letter wrote to them respecting the clothing of the battalion of this State.
On motion, by order,
The bill for ascertaining the salaries and allowances to the officers and persons therein mentioned employed in the Govern- ment of this State, and for the providing funds for payment thereof, was read a second time for consideration and debate, and, after some time spent therein, was referred till the afternoon.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
Mr. Wiltbank, being indisposed, has leave of absence till to- morrow.
The House resumed the consideration of the bill for ascertain- ing the salaries, &c., to officers, &c., and divers amendments being proposed and agreed to, the same were transcribed.
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Ordered, That Mr. Sykes wait on the House of Assembly with the said bill and the amendments thereto proposed by the Council for their consideration and concurrence.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, January 31st, 1777.
Council met.
Mr. Sykes reported that he had waited on the House of As- sembly according to the order of yesterday.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair a bill "to punish "treasons and disaffected persons, and for the security of the "Government."
Which, by order, was read the first time.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, February Ist, 1777.
Council met.
A member from the House of Assembly, attending at the door, was admitted and returned the bill for ascertaining the salaries to officers, &c., with the amendments proposed by this Council, to all of which the House of Assembly agreed except the 3d and 4th; and delivered a bill " of free and general pardon, indemnity and "oblivion."
Which, by order, was read the first time.
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A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a bill "for supporting "and establishing the bills of credit issued by Congress, &c."
By order read the first time.
Adjourned till Monday morning, 10 o'clock.
MONDAY, February 3d, 1777.
Council met.
Several of the members attending on committees, adjourned till to-morrow morning.
TUESDAY, February 4th, 1777.
Council met, and, on motion,
Ordered, That Mr. Polk be of the Committee for Publick Ac- . counts, appointed at the late sitting of this House, in the room of Mr. Dingee, who is absent.
Adjourned till to-morrow morning, 10 o'clock.
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WEDNESDAY, A. M., February 5th, 1777.
Council met.
A member from the House of Assembly, attending at the door, was admitted and returned the resolution of this Council of the 29th ultimo for the referring of the allowance to be made to the commissioners who repaired to camp to the Committee for Publick Accounts with the concurrence of the House of Assembly thereto; and also returned the three resolutions of this Council of the said day, founded on the report of the committee to whom the pro- ceedings of the said commissioners were referred, to all of which the House of Assembly dissented, and instead thereof propose the following resolution, to wit :
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, A. M., February Ist, 1777.
"The House resumed the consideration of the resolutions of "Council on the report of their committee to whom the report "of the commissioners ordered to repair to the camp was re- " ferred, and thereupon
"Resolved, That the two Houses appoint, by joint ballot, all "officers necessary to supply the vacancies in the battalion now "raising in this State to serve during the war, and that the Coun- "cil be requested to concur herein."
Which, being read, was ordered to lie for consideration.
Adjourned till to-morrow morning.
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THURSDAY, February 6th, 1777.
Council met.
Mr. Bassett, having returned from the camp in New Jersey, appeared and took his seat.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair sundry resolutions of that House, founded on a petition from Col. John Jones, of Sussex County : Ist, for the loan of one thousand pounds for five years, without interest, to enable him to erect works for manufacturing salt in this State; 2d, to take of him ten thousand bushels an- nually for five years, at the rate of five shillings per bushel ; 3d, to bind Col. Jones to the delivery of three thousand bushels at the least, and not more than the said ten thousand bushels annu- ally, at the rate aforesaid, for the use of the State ; 4th, giving the said Col. Jones the exclusive right of making salt for sale in this State for the term aforesaid on complying with the above conditions; 5th, empowering the President of the State to draw for the sum to be lent and to take security for the performance of the said conditions, and for the repayment of the money lent at the end of any one year wherein Col. Jones may fail to supply the quantity of three thousand bushels, as aforesaid ; 6th, limit- ing the time of applying for the draught and giving the security; to wit :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, February 5th, 1777.
"The report of the committee appointed to confer with Col. "John Jones, of Sussex County, on the subject matter of his "petition, praying the loan of a sum of money to enable him to "carry into execution his intention of erecting salt works in this "State, &c., was, by order, read the second time, and, being "amended, was agreed to, as follows, to wit :
"Resolved, I. That the sum of one thousand pounds be let "by this State upon loan to the said Col. John Jones (the better "to enable him to carry into execution his intention of erecting "salt works in this State, at or near Indian River, in Sussex 8
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