USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 5
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MINUTES OF THE COUNCIL OF
"County,), he, the said John Jones, giving bond, with sufficient "sureties, for the payment of that sum at the expiration of five " years from the date of said bond.
"2. That for the further encouraging the said Col. Jones in "prosecuting his intentions and erecting said works for manu- "facturing the useful article of salt, this State should engage to "purchase or take of him the quantity of ten thousand bushels "of salt, at the rate of five shillings per bushel, annually for the "space or term of five years, in consideration of which,
"Resolved, 3. That the said Col. John Jones ought to engage "and bind himself, his executors and administrators, to deliver, "for the use of this State, to such person or persons as the " President shall appoint, all the salt that by him shall be manu- "factured or made therein (at the place where the salt works "shall be erected), for the space or term of five years aforesaid, "at the rate of five shillings per bushel, so that the quantity in "any one year during that term does not exceed ten thousand "bushels ; and that he should be bound and obliged to deliver, "in each and every year during the term aforesaid, at the manu- " factory aforesaid, for the use of this State, the quantity of three. "thousand bushels of salt, manufactured therein at the rate afore- " said.
"4. That upon the said Col. John Jones complying with the "conditions herein before expressed to be by him entered into "and performed, that he, the said Col. John Jones, his executors, "administrators and assigns, ought to have the exclusive right of "making salt in this State for sale for and during the last four "years of the term aforesaid; and that he may dispose of and sell "to such person or persons as he pleases, and at such prices as "he can get, all the overplus salt he shall make after furnishing "the State with the aforesaid quantity of ten thousand bushels "annually for the term of five years aforesaid.
"5. That the said sum of one thousand pounds be drawn for "by the President out of the ten thousand pounds granted by "the present General Assembly for the use of the State, under "whose direction the bond aforesaid from the said John Jones "and his sureties shall be taken, with the further condition that "the same shall be payable at the end of any one year during "which the said John Jones shall fail to supply the aforesaid "quantity of three thousand bushels of salt.
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THE DELAWARE STATE, 1777.
"6. That if the said John Jones shall neglect to make appli- "cation for the said draught, or to execute his bond on or before "the 20th day of April next, that the encouragement proposed " to be given to him shall cease."
Which, being read, were ordered to lie on the table for consid- eration.
The committee appointed to prepare and bring in a bill for the more effectual establishing a Militia in this State laid one on the table, which they submitted to the correction of the House.
On motion,
Ordered, That the said bill be read the first time, which was done accordingly.
Adjourned till to-morrow morning.
FRIDAY, February 7th, 1777.
Council met.
The bill for the more effectual establishing a Militia in this State was read the second time, and, being debated paragraph by para- graph, was referred over till to-morrow.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following resolutions, to wit :
" IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., February 7th, 1777.
"Resolved, That it is the opinion of this House that the Gen- "eral Assembly should proceed to the appointment of the Civil "Officers of this State, agreeable to the directions of the Consti- "tution, on Monday morning next, in the State House, by joint " ballot of both Houses.
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MINUTES OF THE COUNCIL OF
"Resolved, That Messrs. McKean, Ridgely, Cook, White, and " Laws be a committee to confer with a committee of Council for "the purpose of adjusting the mode of appointing the officers "aforesaid, and that the Council be requested to concur in these "resolutions."
Which, being read, were deferred till to-morrow morning.
Adjourned till to-morrow, 10 o'clock, A. M.
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SATURDAY, February 8th, 1777.
Council met, and resumed the consideration of the bill for the more effectual establishing a Militia in this State, and, after some time spent therein, the same was agreed to.
Ordered, That Mr. Polk wait on the House of Assembly with the said bill for their consideration and concurrence.
Mr. Polk, being returned, reported that he had waited on the House of Assembly according to the order aforesaid.
On motion,
The resolutions of the House of Assembly of the 7th of Feb- ruary, referred over till this morning, were again read and then concurred in.
Ordered, That Mr. Sykes, Mr. Bassett, Mr. Cantwell, Mr. Vandyke, and Mr. Wiltbank be a committee to confer with the committee of the House of Assembly for the purpose of adjust- ing the mode of appointing the Civil Officers of this State.
Ordered, That Mr. Polk wait on the House of Assembly with their resolutions aforesaid agreed to by this House.
Who, being returned, reported that he had delivered the same according to order.
Adjourned to Monday next.
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THE DELAWARE STATE, 1777.
MONDAY, P. M., February 10th, 1777.
Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following resolution and order of that House, to wit :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, A. M., February 10th, 1777.
"The committee appointed to confer with a committee for the "purpose of adjusting the mode of appointing the Civil Officers " of this State brought in their report, which, by order, was read " the first time.
"On motion, by special order,
"The same was read the second time, and thereupon,
" Resolved, That the same report be recommitted to the fol- "lowing committee, to wit : Messrs. Moore, Thompson, Jones, . " Lea, and Robinson, who are hereby appointed to confer with a "committee of Council thereon."
"EODEM DIE, P. M.
"Ordered, That the proceedings of this forenoon on the re- "port of the committee appointed to confer with a committee of "Council for the purpose of adjusting the mode of appointing "the Civil Officers of this State, be transcribed and sent to the "Council for concurrence, and that Mr. Hill deliver the same."
Which, being read, was concurred in.
Ordered, That Mr. Polk be added to the former committee of Council appointed for this business, and that Mr. Wiltbank wait on the House of Assembly with their resolution aforesaid and the concurrence of Council thereto and the appointment of Mr. Polk.
Mr. Wiltbank reported that he had waited on the House of Assembly and delivered the resolution aforesaid according to order.
Adjourned till to-morrow morning, 10 o'clock.
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MINUTES OF THE COUNCIL OF
TUESDAY, A. M., February 11th, 1777.
Council met, and resumed the consideration of the resolution of the House of Assembly of the 5th instant, founded upon a petition of Col. John Jones, of Sussex County, for a loan of a sum of money to enable him to erect salt works in this State, and an exclusive right to make salt for sale on certain conditions for five years, and divers amendments being proposed and agreed to the same were transcribed.
Ordered, That Mr. Vandyke wait on the House of Assembly with the resolutions and amendments for their consideration and concurrence.
Mr. Vandyke reported that he had waited on the House of Assembly according to the order aforesaid.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following report and order thereon, to wit :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, P. M., February 10th, 1777.
"The Committee of the General Assembly of Delaware, ap- "pointed for the purpose of settling and adjusting the accounts "of the Officers and Privates of the Second Delaware Battalion, "raised for the Flying Camp, previous to their being passed by " the Commissary of Musters, do report that they find :
The amount of Colonel Samuel Patterson's ac-
count, for pay and subsistence since the time aforesaid, to be .
€ 47 12 O
The amount of Lieut. Col. Robert Hodgson's account, for do. same time, to be . 38 13 2
The amount of Major Henry Niell's account is . 32 16 o
The amount of the Rev'd Samuel Eakin, Chap- lain's account, is . 32 16 0
The amount of James Lukes, Adjutant's acc't, is 24 17 3
Carried over, £ 176 14 5
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THE DELAWARE STATE, 1777.
Brought over, £ 176 14 5
The amount of John Watson, Quartermaster's account, is . 16 18 6 The amount of James Tate, Surgeon's account is 31 II 0 The amount of Edward Duff's account, Sur- geon's mate, is . 16 14 4
The amount of William Millan, Paymaster's ac- count. is .
24 17 3
The amount of Capt. Thos. Kean's account of pay and subsistence of his company officers and privates for the time aforesaid is
338 18 10
The amount of Capt. James Dunn's account of same is The amount of Capt. William Moody's account of same is
302 6 512
339 16 2
The amount of Capt. Manlove's account of same is . . The amount of Capt. Jos. Caldwell's account of same is
395 13 7
339 6 11
The amount of Capt. John Woodgate's account of same is. .
314 0 2. The amount of Capt. Nathaniel Mitchell's ac- count of same is 179 6 21/2
*6 2485 6 8
" Your committee do further report that the several accounts "of particulars of the above mentioned separate sums, amount- "ing in the whole to two thousand four hundred and eighty-five "pounds six shillings and eight pence, are herewith returned for "the examination and correction of the General Assembly. The , "account of Capt. Thomas Skillington's company has not yet "come before your committee."
"The foregoing report being read the second time and consid- "ered, passed the House.
"Ordered, That the same be transcribed and sent to the Coun- "cil for their concurrence, and that Mr. Stout deliver the same, "together with the accounts therein referred to."
Which was read and ordered to lie on the table for considera- tion.
* So in the manuscript.
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MINUTES OF THE COUNCIL OF
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the report of the joint committee of both Houses for adjusting the mode of appointing the Civil Officers of this State, and a resolution of the House of Assembly respecting the choice of two Delegates to represent this State in Congress for concurrence of the Council.
Which, by order, were read, and some amendments being pro- posed and agreed to, the same were transcribed.
Ordered, That Mr. Vandyke wait on the House of Assembly with the said report and resolution, and the amendments thereto proposed by the Council for their consideration and concurrence.
Mr. Vandyke reported that he had waited on the House of Assembly according to the order aforesaid.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M., February 11th.
Council met, and took into consideration the third and fourth amendments proposed by them to the House of Assembly to the bill "for ascertaining the salaries, &c., to officers, &c.," and do recede from the same, and do agree that the said bill, as it now stands, be enacted into a law.
Ordered, That Mr. Polk wait on the House of Assembly with the bill and resolution aforesaid.
Mr. Polk reported that he had waited on the House of Assem- bly according to the order aforesaid.
A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the resolutions respecting the loan of one thousand pounds; &c., to Col. John Jones to enable him to erect salt works in this State, with the amendments pro-
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THE DELAWARE STATE, 1777.
posed by this House, to all of which the House of Assembly agreed except the 6th ; and also returned the report of the joint committee for adjusting the mode of appointing the Civil Officers of this State, &c., and resolution respecting the choice of two Delegates, with the amendments proposed by this House, to which the House of Assembly also agreed except the 2d.
On motion,
Resolved, That the said second amendment proposed by the Council be receded from.
Which report and resolution, as amended and now agreed to, is as follows, to wit :
"The committee to whom was recommitted the report of a "conference with a committee of the Council for the purpose of "adjusting the mode of appointing the Civil Officers of this State "met the said committee of Council and agreed upon the follow- "ing report, to wit :
" That the members of both Houses should meet this afternoon "in the State House, when each member may propose a person. "for President, and, when all are nominated, that their names be "taken down in writing and left on the table for the perusal and " consideration of the members of both Houses. The said com- "mittees further agreed that the election for President should be "held at the same place in the afternoon of the morrow, when "the persons nominated for President shall be balloted for by "writing his or their names on several pieces of paper, and the "person who has the greatest number of voices (provided he has "a majority of the votes of members present) shall be President; "and in case it should happen that no person nominated should "have a majority of votes of the members present, then and in "such case the two highest in vote shall be balloted for again. "But if it should so happen that two or more persons next to "the highest should be equal in vote, then the said two or more "persons shall be voted for again, and the person who has the "greatest number of voices of those last mentioned shall be bal- "loted for as aforesaid together with the person who was highest "in vote upon the first election, and the person who is highest "in vote of those two last mentioned persons shall be President ; " but if the votes be equal, in such case the Speaker of the Coun- " cil shall have an additional casting voice.
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MINUTES OF THE COUNCIL OF
"The said committee further agreed that the persons suitable "for the Judges of the Supreme Court, Judge of the Admiralty, "the Justices of the Common Pleas, and the Commissioners for "the Continental Loan Office for this State, may be proposed by "any member on the day last aforesaid, who are to be chosen in "manner above directed on some future day, to be agreed upon "by both Houses.
"Resolved, That the members of both Houses, when assem- "bled together to-morrow afternoon, shall propose the names of "persons to be chosen as two of the Delegates in Congress, in "the stead of John Dickinson and John Evans, Esquires, in the "method proposed respecting the President; and that such Dele- "gates be elected at such time and place and in the same manner "that the Justices of the Supreme Court are above directed to " be elected."
Ordered, That Mr. Vandyke wait on the House of Assembly with the concurrence of Council to the foregoing report and reso- lution, and inform that House that the Council will attend in the State House in half an hour to propose a person for President of this State.
Mr. Vandyke reported that he had waited on the House of Assembly according to the order aforesaid.
The Council proceeded to the State House and there met the House of Assembly, when divers persons were put in nomination for the office of President and their names taken down for the consideration of the members of both Houses.
Then the Council adjourned till to-morrow morning, 10 o'clock.
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THE DELAWARE STATE, 1777.
WEDNESDAY, A. M., February 12th, 1777.
Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a bill entitled "An act against Desertion and harbouring Deserters, or dealing with them in certain cases," for the consideration and concurrence of the Council.
Which, by order, was read the first time.
On motion, by order,
The "bill to punish treasons and disaffected persons and for "the security of the Government," was read the second time, and, after some time being spent therein, was postponed for further consideration.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a letter from the Presi- dent of Congress requesting an immediate representative from this State.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
Council met.
A member from the House of Assembly, attending at the door, was admitted and informed the Council that the House of Assem- bly is now ready to proceed to the election of a President for this State, agreeable to the joint resolution of yesterday, and then he withdrew.
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MINUTES OF THE COUNCIL OF
The Council met the House of Assembly in the State House, and there, in General Assembly, proceeded to the election of a President for the State, and the members of both Houses, to wit: seven of the Council and sixteen of the House of Assembly, then present, having prepared tickets with the name of the President to be appointed and put the same into the ballot-box, the Speak- ers of the two Houses, in the presence of the other members, examined the ballot-box, and it appearing that nineteen votes, out of the twenty-three put into the said box, were in favor of the Honorable John McKinley, Esquire,
Whereupon the said John Mckinley is declared duly elected President of this State for the term of three years next ensuing, and until the sitting of the next General Assembly thereafter, and no longer, agreeable to the present Constitution or system of government.
Then divers persons were put in nomination as suitable for the respective offices of Justices of the Supreme Court for the State, Judge of Admiralty, Justices of the Common Pleas and Orphans' Courts for each County, and for Commissioner of the Continental Loan Office for this State, and for Delegates in Congress in the . stead of John Dickinson and John Evans, Esquires.
The Council then adjourned till 10 o'clock to-morrow morning.
THURSDAY, A. M., February 13th, 1777.
Council met, and resumed the consideration of the "bill to punish treasons and disaffected persons, &c.," and divers amend- ments being proposed and agreed to, the same were transcribed.
Ordered, That Mr. Wiltbank wait on the House of Assembly with the said bill and the amendments thereto proposed by this House for their consideration and concurrence.
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THE DELAWARE STATE, 1777. 08
Mr. Wiltbank reported that he had waited on the House of Assembly according to the order aforesaid.
The House took into consideration the "bill for supporting and establishing the Bills of Credit issued by Congress, &c.," which, by order, was read the second time and deferred for further con- sideration.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, A. M., February 14th, 1777.
Council met, and resumed the consideration of the "bill for supporting and establishing the Bills of Credit issued by Con- gress, &c.," and after some time spent therein the same was deferred till the afternoon.
EODEM DIE, P. M.
Council met.
Mr. Collins, having returned from the camp in New Jersey, appeared, but being indisposed prayed leave of absence. The same was granted.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a letter from the Com- missary General of Clothing, with the following resolution relative thereto, to wit :
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MINUTES OF THE COUNCIL OF
" IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., February 7th, 1777.
" On motion,
" Resolved, That the Captains Kirkwood and Anderson march " their companies forthwith to the City of Philadelphia, in order "that they may be clothed as speedily as possible.'
And returned the bill entitled "An act for the better establish- ing the Militia," with sundry amendments thereto, proposed for consideration and concurrence of the Council, .
Which were read and ordered to lie on the table.
The bill for supporting and establishing the Bills of Credit issued by Congress, under consideration in the forenoon, was resumed, and divers amendments being proposed and agreed to, the same were transcribed.
Ordered, That Mr. Wiltbank wait on the House of Assembly with the said bill and the amendments thereto proposed for their consideration and concurrence.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, February 15th, 1777.
Council met, and took into consideration the resolution of the House of Assembly respecting the march of the Captains Kirk- wood and Anderson, which, being read, was concurred in.
Ordered, That Mr. Wiltbank wait on the House of Assembly with their resolution aforesaid and letter from the Commissary General relative thereto, with the concurrence of Council, and return to that House the resolutions of Congress of the 14th January, recommending it to the different Legislatures to enact laws preventing the counterfeiting the Continental Bills of Credit, &c.
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THE DELAWARE STATE, 1777.
Mr. Wiltbank reported that he had waited on the House of Assembly according to the orders aforesaid.
On motion, by order,
The bill entitled "An act against Desertion and harbouring Deserters, &c.," was read the second time, and divers amend- ments being proposed and agreed to, the same were transcribed.
Ordered, That Mr. Wiltbank wait on the House of Assembly with the said bill and amendments thereto proposed for their consideration and concurrence, who, being returned, reported that he had waited on the House of Assembly according to the order aforesaid.
Adjourned till Monday morning, 10 o'clock.
MONDAY, A. M., February 17th, 1777 .*
A member from the House of Assembly, attending at the door, was admitted and returned the bill entitled "An act against De- sertion and harbouring Deserters, &c.," with the amendments thereto proposed by this House, to all of which the House of Assembly had agreed. And the bill entitled "An act for sup- porting and establishing the Bills of Credit issued by Congress, &c.," with the amendments proposed by this House, to which the House of Assembly had also agreed.
And the same member delivered at the Chair a "bill for aiding the discontinuance of the process in the Supreme Court, and for altering the times of holding the said Court and the Courts of General Quarter Sessions and Common Pleas." And a bill in- titled "An act to render parts of divers Acts of Assembly and certain law proceedings more conformable to the present Consti- tution."
Which were laid on the table.
Adjourned till 3 o'clock, P. M.
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MINUTES OF THE COUNCIL OF
EODEM DIE, P. M.
Council met.
The House resumed the consideration of the bill entitled "An act for the better establishing the Militia," as returned by the House of Assembly with the amendments thereto proposed, and divers amendments being made to the amendments proposed by the House of Assembly, the same were agreed to and ordered to be sent to the House of Assembly for their concurrence.
Ordered, That Mr. Vandyke wait on the House of Assembly with the said bill and amendments, also a message assigning the reasons for rejecting the first amendment proposed to said bill.
Who, being returned, reported that he had waited on the House of Assembly according to the order aforesaid.
Adjourned till to-morrow morning, 10 o'clock.
TUESDAY, A. M., February 18th, 1777.
Council met, and took into consideration the 6th amendment proposed by them to the 4th resolution of the House of Assem- bly respecting the granting to Col. Jno. Jones, on certain condi- tions, an exclusive right to make salt in this State for sale for five years, &c., and do adhere to the same.
On motion,
Ordered, That a committee be appointed to draw up a mes- sage to the House of Assembly assigning the reasons for adher-
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THE DELAWARE STATE, 1777.
ing to the 6th amendment proposed to the resolution aforesaid, and Messrs. Vandyke and Bassett were appointed for that pur- pose.
The committee appointed to draw up a message to the House of Assembly laid one on the table, which was read, and, after some amendments made, was transcribed, signed by the Speaker, and is as follows :*
Ordered, That Mr. Bassett wait on the House of Assembly with the said message.
Mr. Bassett, being returned, reported that he had waited on the House of Assembly according to the order aforesaid.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
The bill entitled "An act of free and general pardon, indemnity and oblivion," was read the second time and postponed for further consideration.
A member from the House of Assembly, attending at the door, was admitted and returned the bill entitled "An act for the better establishing the Militia," with the concurrence of the House of Assembly to the amendments proposed by the Council to the amendments proposed by the House of Assembly, and the con- sent of that House to recede from their first amendment proposed to the said bill, and the amendments proposed and concurred in as aforesaid being made in the bill, ordered that the same be en- grossed.
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