USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 6
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MINUTES OF THE COUNCIL OF
The 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," was, by order, read the Ist time.
On motion, by order,
The bill entitled "An act to render parts of divers acts of Assembly and certain law proceedings more conformable to the present Constitution," was also read the first time.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following resolution, to wit :
" IN THE HOUSE OF ASSEMBLY, 1 "TUESDAY, P. M., February 18th, 1777.
" On motion,
"Resolved, That it is the opinion of this House that the Gen- "eral Assembly should proceed to the choice of the remaining "Civil Officers of this State, who are in nomination, on Thursday "morning next, and that the Council be requested to concur "herein."
Which was read and ordered to lie on the table for considera- tion.
Adjourned till to-morrow morning, 10 o'clock.
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WEDNESDAY, A. M., February 19th, 1777.
Council met.
On motion and order,
The bill for aiding the discontinuance of the process of the Supreme Court, and for altering the times of holding the said Court and the Courts of General Quarter Sessions and Common Pleas, was read a second time and agreed to by the Council.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the votes and proceedings of that branch of the Council of Safety for New Castle County since their appointment in November last, together with the fol- lowing resolution of that House, to wit :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., February 18th, 1777:
"The House resumed the consideration of the votes and pro- "ceedings of that branch of the Council of Safety residing in "the County of New Castle (since the last sitting of the General "Assembly), and, after some time spent therein, the same were "approved of ; and as to that part of the said proceedings which "relates to the application of the Militia who marched from this "State to join the Continental army respecting a bounty therefor,
"Resolved, That every non-commissioned officer and private "that marched from this State to join General Washington, and "who remained in service for the space of six weeks from the "time of marching until such person was regularly discharged "by order of the General, shall be allowed a bounty of six dol- "lars."
On motion and order,
The votes and proceedings of that branch of the Council of Safety residing in the County of New Castle, with the resolution of the House of Assembly aforesaid, were severally read, and the
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same being taken into consideration, the same votes and proceed- ings were generally approved of by Council and the said resolu- tion concurred in.
On motion and order,
The Council resumed the consideration of the bill entitled "An act of free and general pardon, indemnity and oblivion," and the same being again read was unanimously rejected.
Mr. Speaker laid on the table a memorial from himself, as one of the Delegates from this State to Congress, representing that such is the state of his private affairs at present that it will be very injurious to him to give his attendance in Congress for some months to come, which may, with just reason, be expected by the General Assembly, therefore he prayed leave to resign his seat in Congress.
Which, by order, was read and postponed for consideration.
It appearing to the Council that Boaz Manlove, late of Sussex County, doth retain in his hands the sum of three hundred and eighty pounds, part of the Sussex County quota of the Bills of Credit ordered to be emitted by an Act of Assembly passed in the year of our Lord one thousand seven hundred and seventy- five, entitled "An act for emitting the sum of Thirty Thousand Pounds in Bills of Credit on loan, and providing a fund for pay- ment of Public Debts," and deposited in his hands as one of the signers of the bills,
On motion, leave is granted to bring in a bill for the recovery of the aforesaid sum of three hundred and eighty pounds, with interest from the first day of April last past, and thereupon Mr. Bassett delivered a bill for the purpose aforesaid at the table, which, by order, was read the first time.
Adjourned till 3 o'clock, P. M.
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THE DELAWARE STATE, 1777.
EODEM DIE, P. M.
Council met.
The resolution of the House of Assembly of yesterday respect- ing the choice of the remaining civil officers on Thursday morning next was taken into consideration, and, on motion, the following message, drawn up at the table, was transcribed, and, by order, signed by the Speaker, to wit :
"A MESSAGE FROM THE COUNCIL TO THE HOUSE "OF ASSEMBLY.
"Gentlemen :
"The Council having taken into consideration the resolution " of the House of Assembly for the choice of the remaining Civil " Officers of this State on Thursday morning next, are of opinion, "upon a review of the other business before them, that the time "of choosing those officers had better be postponed till Friday "morning next, and wish that that time may be approved of by "the House of Assembly."
The bill against Desertion and harbouring of Deserters, &c., and the bill for the supporting and establishing the Bills of Credit issued by Congress, &c., being severally examined and compared with the amendments proposed by the Council, and the same ap- pearing to have been severally made and entered in the said bills, the Council consent that the said bills be enacted into laws.
Ordered, That Mr. Sykes wait on the House of Assembly with the message aforesaid and the two last mentioned bills, together with the bill for aiding the discontinuance of the process of the Supreme Court.
Mr. Sykes, being returned, reported that he had waited on the House of Assembly and delivered the papers given'to him in charge according to order.
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On motion, by special order, .
The bill for the recovery of a sum of money due from Boaz Manlove to this State was read a second time, and, after some amendments made, passed this House, and ordered to be sent to the House of Assembly for their concurrence.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair a written message from the Assembly, in answer to the message from the Council con- taining their reasons for adhering to their amendment of the 4th resolution of the House of Assembly for granting to Col. Jones, on certain conditions, an exclusive right to make salt in this State for sale for five years, and the same being read was laid on the table.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair the following resolution of that House, to wit :
" IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, A. M., February 19th, 1777.
" On motion, -
"Resolved, That Mr. Thompson, Mr. Jones, and Mr. Robin- "son be a committee to join Messrs. Sykes and Vandyke, a "committee of Council, to state an account of expenditures by "this State for and in behalf of the Continent."
Which was read and approved.
The member from the Assembly aforesaid also delivered at the Chair the concurrence of the House of Assembly to the proposal made by the Council in their message of this day for postponing the choice of the remaining civil officers of this State till Friday morning next.
On motion,
Ordered, That Mr. Wiltbank wait on the House of Assembly with the bill entitled "An act of free and general pardon, indem- nity and oblivion," and inform that House that the said bill is rejected by the Council.
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THE DELAWARE STATE, 1777.
And with the bill for the recovery of a sum of money due from Boaz Manlove to the Delaware State, for their perusal and con- currence.
And with the votes and proceedings of the Council of Safety of New Castle County, with the resolutions of the House of As- sembly thereon, and for a bounty to be allowed to such of the Militia as marched and served six weeks, &c., with the approba- tion and concurrence of Council.
And with the orders of the House of Assembly for arresting Boaz Manlove and Thomas Robinson, and the Sergeant-at- Arms' return thereon, and the letter from the said Thomas Rob- inson to James Garrigen, Esq.
And with the approbation of Council to an appointment of the Committee for Publick Expenditures.
Adjourned till to-morrow morning, 10 o'clock.
THURSDAY, 20th February.
Council met, and took into consideration the written message from the House of Assembly of yesterday respecting the grant of an exclusive right, on certain conditions, to Col. Jones to make salt in this State for sale for the term of five years, and some time being spent thereon, the following message, being drawn up at the table, was agreed to, and transcribed and or- dered to be signed by the Speaker : *
A member from the House of Assembly, attending at the door, was admitted and returned the bill for the recovery of a sum of money due from Boaz Manlove to the Delaware State, with a
* The message is not recorded in the minutes.
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paper of amendments proposed by the House of Assembly there- to, which, being read and considered, were agreed to, and being made in the bill the same were ordered to be engrossed.
On motion and order,
The bill entitled,
"An act to render parts of divers acts of Assembly and cer- tain law proceedings more conformable to the present Consti- tution,"
Was read a second time, and several amendments proposed being agreed to, the bill, with the amendments, were ordered to be returned to the House of Assembly for their consideration and concurrence. 1
Ordered, That Mr. Bassett wait on the House of Assembly with the last bill and its amendments and the foregoing message from the Council.
Mr. Bassett, being returned, reported that he had delivered the same according to order.
The Militia bill being engrossed was read and compared at the table and ordered to be sent to the House of Assembly for their · examination.
Adjourned till to-morrow morning, 10 o'clock.
FRIDAY, February 21st, 1777.
Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair the following resolution, to wit :
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"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., February 21st, 1777.
" On motion,
"Resolved, That the Prothonotary of the Court of Common "Pleas for the County of New Castle do deliver the seal of the "said county, used in his office, unto the Honorable the Speaker "of the Council, the same seal being established as the Great "Seal of this State until a new one is made and delivered to the " President and Commander-in-Chief ; and then it is ordered that "the seal aforesaid be redelivered to the Prothonotary."
Read and concurred in.
Ordered, That Mr. Sykes wait on the House of Assembly with the above resolution and concurrence of Council thereto. 1
Mr. Sykes, being returned, reported that he had waited on the House of Assembly according to order.
The Council, according to the order of the day, met the Presi- dent of the State and the House of Assembly in the State House, and the President and members of both Houses having prepared tickets with the names of the Justices of the Supreme Court to be appointed for the State and put the same into the ballot-box, the Speakers of the two Houses, in presence of the President and the members, examined the ballot-box, and it appearing that there was a majority of votes in favor of Richard M. William, Esquire, as Chief Justice of the said Court, and a majority of votes in favor of Caesar Rodney, Esquire, as second Justice of the said Court, and a majority of the votes in favor of James Sykes, Esquire, as third Justice of the said Court,
Thereupon the said Richard M. William, Cæsar Rodney, and James Sykes are declared duly elected and appointed Justices of the Supreme Court for the State.
Then the President and members of both Houses proceeded, in like manner, to ballot for a Judge of Admiralty, and it appear- ing that there was a majority of votes in favor of Nicholas Van- dyke, Esquire,
Thereupon the said Nicholas Vandyke is declared duly elected and appointed Judge of Admiralty.
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Then the President and members of both Houses proceeded, in like manner, to ballot for Justices of the Courts of Common Pleas and Orphans' Courts for the County of New Castle, and it appearing that the votes were unanimously in favor of John Jones, Esquire, as Chief Justice of the said Courts ; James Lati- mer, Esquire, as second Justice ; John Thompson, Esquire, as third Justice, and Abraham Robinson, Esquire, as fourth Justice of the said Courts,
Thereupon the said John Jones, James Latimer, John Thomp- son, and Abraham Robinson are declared duly elected and ap- pointed Justices of the Court of Common Pleas and Orphans' Court for New Castle County.
Then the President and members of both Houses proceeded, in like manner, to ballot for Justices of the Courts of Common Pleas and Orphans' Court for the County of Kent, and it appear- ing that the votes were unanimously in favor of Thomas Tilton, Esquire, as Chief Justice; John Clark, Esquire, as second Justice; Richard Smith, Esquire, as third Justice, and Thomas White, Esq'r, as fourth Justice of the said Courts,
Thereupon the said Thomas Tilton, John Clark, Richard Smith, and Thomas White are declared duly elected and ap- pointed Justices of the Courts of Common Pleas and Orphans' Courts for Kent County.
Then the President and members of both Houses proceeded, in like manner, to ballot for Justices of the Courts of Common Pleas and Orphans' Courts for the County of Sussex, and it ap- pearing that twenty votes, of the twenty-one persons voting, were in favor of John Wiltbank, Esquire, as Chief Justice of the said Courts ; and the votes were unanimously in favor of William Polk, Esquire, as second Justice, and of John Laws, Esquire, as third Justice, and that there was a majority of the votes in favor of Isaac Smith, Esquire, as fourth Justice of the said Courts,
Thereupon the said John Wiltbank, William Polk, John Laws, and Isaac Smith are duly declared elected and appointed Justices of the Courts of Common Pleas and Orphans' Courts for Sussex County.
Then the President withdrew, and the members of both Houses proceeded, in like manner, to ballot for a Commissioner of the
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Continental Loan Office for this State, and it appearing that the votes were unanimously in favor of Samuel Patterson, Esq'r,
Thereupon the said Samuel Patterson is declared duly elected and appointed Commissioner of the Continental Loan Office for this State.
Then the members of both Houses proceeded, in like manner, to ballot for two Delegates to serve in Congress in the stead of John Dickinson and John Evans, Esquires, and it appearing that there was a majority of votes in favor of Nicholas Vandyke and James Sykes, Esquires,
Thereupon the said Nicholas Vandyke and James Sykes are declared duly chosen and appointed Delegates to represent this State in Congress in the stead of John Dickinson and John Evans.
Then the members of the two Houses proceeded also to the choice of Military Treasurers, and it appearing that the following gentlemen were unanimously elected, to wit : Samuel Patterson, Esq'r, for the County of New Castle ; John Banning, Esq'r, for. the County of Kent, and John Rodney, Esq'r, for the County of Sussex, thereupon they are declared duly appointed to the said office.
Then the Council adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
The bill for the recovery of a sum of money due from Boaz Manlove to the Delaware State, being engrossed, was read and compared at the table and ordered to be sent to the House of . Assembly for their examination.
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Ordered, That Mr. Vandyke wait on the House of Assembly with the said bill, and also the bill for the better establishing a Militia in this State.
Mr. Vandyke, being returned, reported that he had waited on the House of Assembly according to order.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., February 22d. *
Council met.
. A member from the House of Assembly, attending at the door, was admitted and returned the bill entitled "An act to punish treasons and disaffected persons, &c.," with the amendments proposed by the Council, to all of which the House of Assembly concurred except the 5th, 7th, 8th, 11th and 13th. As to the 14th they propose two amendments. Also the bill entitled "An act to render parts of divers Acts of Assembly and certain law proceedings more conformable to the present Constitution," with the amendments proposed by this House, to all of which the House of Assembly agreed except the Ist.
On motion,
Ordered, That the following message, drawn up at the table, be transcribed, signed by the Speaker and sent to the House of Assembly, to wit :
Gentlemen :
As you have rejected the first amendment proposed to the bill entitled "An act to render parts of divers acts of Assembly and certain law proceedings more conformable to the present . Constitution," without assigning the reasons of your dissent, and the Council still retaining their opinion that the amendment is a
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necessary one to make the recital, in which the amendment is proposed, correspond with the enacting clause providing the remedy, either the one or the other requires an amendment ; therefore, to save time, as the session is so near a conclusion, the Council do propose to the House of Assembly a conference of two or more members from each House upon the subject matter of this amendment.
Ordered, That Mr. Bassett wait on the House of Assembly with said message.
Who, being returned, reported that he had delivered the mes- sage according to order.
The committee appointed to confer with a committee of Assembly on the subject matter of settling and adjusting the accounts of the officers and privates in the 2d Delaware Bat- talion of the Flying Camp, commanded by Col. Samuel Patter- son, from the time of their enlistment to their being passed by the Commissary of Musters, brought in their report with respect to Thomas Skillington's account, unsettled at a former meeting of said committee, which, by order, was read, and follows in these words, to wit :
"The committee of Council appointed to confer with a com- "mittee of Assembly on the subject matter of settling and "adjusting the accounts of the officers and privates in the 2d "Delaware Battalion of the Flying Camp, commanded by Col. "Samuel Patterson, from the time of their inlistment to their "being passed by the Commissary of Musters, at Philadelphia, "do report that they met the committee of Assembly to settle "and adjust the account of Captain Thomas Skillington, who " commanded a company in said battalion (which, by a former "report of said committee is mentioned not to have been laid "before them at their first meeting), and they find the amount " of the same, for pay, subsistence, inlisting, and other charges, "specified in an account of particulars herewith returned, to be "£365 : 9 : 11, which your committee submit to the examination "and correction of Council. And your committee do further "report it as their opinion that a committee of 3 persons be "appointed, two by the House of Assembly and one by the "Council, in each county, to settle what sum of money is due to "each private in the battalion aforesaid, as well for his service
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" from the time of passing muster, at Philadelphia, as for his pay "and subsistence from his inlistment to the time of muster afore- "said ; and that such settlements ought to be made by the said "committee, respectively, in presence of the captains and pri- "vates, or their representatives, from time to time, upon 8 days' "notice given of the time and place of meeting by advertise- "ment."
The foregoing report being read the 2d time and considered, passed the Council.
Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence.
The report of the same committee as to the other accounts of the same battalion, passed by the House of Assembly the [oth instant, was, by order, read a 2d time and concurred in by the Council. .
Ordered, That Mr. Wiltbank deliver the said several reports, together with the accounts therein referred to, to the House of Assembly.
Who, being returned, 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 returned the resolutions of that House respect- ing Col. Jones's petition for an exclusive right to make salt, &c., with the amendments thereto proposed by the Council, also an amendment proposed by the House of Assembly to their 4th resolution, and delivered the resolutions following, to wit :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, A. M., February 22d, 1777.
" On motion,
"Resolved, That the Speakers of both Houses be requested "to write to General Washington, informing him of the receipt "of his letter of the 31st of January last ; that in consequence "thereof the Legislature of this State have passed an 'An act "against desertion and harbouring deserters, or dealing with "them in certain cases,' which they flatter themselves will an- "swer the intended purpose.
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"That the General Assembly have been informed that Col. " Bedford and Major McDonough decline going into the service "of the army.
"That the recruiting of the Delaware Battalion goes on very "slowly, occasioned, as is apprehended, by the want of the va- "cancies of officers in the said battalion being filled up, and the "great number of parties from other States now recruiting in " this."
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, A. M., February 22d, 1777.
" On motion,
"Resolved, That the President be and he is hereby impowered "and directed to issue his proclamation for continuing all offi- "cers, civil and military, in this State, in the full exercise of their "respective offices, according to the present Constitution, until "superceded by new appointments."
Also, the following verbal message, to wit :
"VERBAL MESSAGE TO THE COUNCIL FROM THE ASSEMBLY.
" The House of Assembly have concurred in your proposition "for appointing conferees respecting the Ist amendment proposed "to the bill entitled 'An act to render parts of divers acts of As- "sembly and certain law proceedings more conformable to the "present Constitution,' and have appointed Jacob Moore and "Charles Ridgely, Esquires, for that service."
On motion,
Ordered, That Messrs. Sykes and Bassett be a committee on the part of this House for the purpose aforesaid.
A member of the House of Assembly, attending at the door, was admitted and delivered to the Chair the following orders, to wit :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, A M., February 22d, 1777.
"The House resumed the consideration of the petition from "Robert Burton, Leatherberry Barker, William Bagwell, and
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" William Milby, inhabitants of this State, now prisoners in the "goal of Philadelphia, and thereupon
"Ordered, That the same be referred to the President and "Commander-in-Chief, who is requested to write to the Council "of Safety of Pennsylvania to permit the petitioners to be "brought into this State, as well as any other subject of this " State who may be now confined, by their order, for any State " offence, except against the State of Pennsylvania, to be dealt "with according to law."
" IN THE HOUSE OF ASSEMBLY, "FRIDAY, P. M., February 21st, 1777.
"The report of the Committee on Publick Accounts was, by "order, read the 2d time and agreed to except the 4th article "thereof, which was recommitted to the same committee."
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
The committee appointed to confer with a committee of the House of Assembly respecting the Ist amendment proposed by the Council to the bill entitled "An act to render parts of divers acts of Assembly and certain law proceedings more conformable to the present Constitution," now report that they had met the committee of conferees and agreed on certain amendments neces- sary to be made in the said bill, and that they had delivered the same bill to the committee, that the amendments agreed to might be made in the House of Assembly, which this House approves.
A member from the House of Assembly, attending at the door was admitted and returned the bill aforesaid with the concurrence of the House to the amendments made and agreed to by the committee of conferees.
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