USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 7
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THE DELAWARE STATE, 1777.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair the bill entitled "An act for printing and emitting £15,000 in Bills of Credit of this State to be let out on loan, and for striking the further sum of {10,000 in such bills for the use of this State and for providing a fund for sinking the same," with divers amendments thereto proposed, for the consideration and concurrence of Council.
Also, the following resolution, to wit :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., February 22, 1777.
"Resolved, That the President, or Commander-in-Chief, be "impowered to draw on the Trustees of the Loan Office for this "State, or any of them, for such sums as have been agreed by "the General Assembly to be due to any person or persons upon "the reports of the committee on accounts liquidated, he taking "receipts for said draughts, out of the sum of £10,000 to be "struck and given for the defence and use of this State in pursu- "ance of an act, passed this session, entitled 'An act for printing "and emitting £15,000 in Bills of Credit of this State to be det "out on loan, and for striking the further sum of £10,000 in . "such bills for the use of this State and for providing a fund for "sinking the same.' "
The Council took into consideration the amendments proposed by them to the House of Assembly to the bill entitled "An act to punish treasons and disaffected persons, &c.," and the amend- ment proposed to the 14th amendment, and do adhere to the same ; as to the amendments proposed concurred in.
On motion,
Ordered, That a committee be appointed to draw up a message to the House of Assembly assigning the reasons for adhering to their amendments proposed to the bill aforesaid, and Messrs. Sykes and Bassett were appointed for the purpose.
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, transcribed and signed by the Speaker, and is as follows, to wit :
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Gentlemen :
The Council have reconsidered the several amendments pro- posed by them. to the bill entitled "An act to punish treasons and disaffected persons, and for the security of the Government," and not agreed to by the House of Assembly, and do adhere to them severally for the following reasons, that is to say :
As to their 5th amendment, for that the word High, proposed to be struck out in the amendment, is not used in the Statute of 25th of Edward the 3d, stiled the Statute of Treason in Great Britain, the form whereof is evidently made the basis of the present clause, and justly so, as that statute hath been esteemed a good and' equitable law between the governor and governed, and the construction thereof clearly ascertained.
As to their 7th amendment, for that it tends to take off the dangerous consequences attending the misconstruction of words or expressions used in common conversation, and preserves free- dom of speech and privilege of freemen, whereas the clause to which this amendment is proposed, in the opinion of the Council, will encourage a race of informers, the pest of society, and who always were the engines of tyrants in every State. It is to be hoped that the just cause in which all America is embarked is not to be injured by the speeches of rash, foolish or wicked individ- uals, or at least they are not to be so much apprehended as the effects of so dangerous a precedent in the infancy of our Govern- ment.
The 8th amendment is adhered to as a consequence of the 7th.
As to their 11th amendment, for that, they are of opinion, an increase of the fine and time of imprisonment would equally tend to prevent a breach of the law, and the execution thereof by no means be so disagreeable to humanity. It is frequently found, by experience, that ignominious and disgraceful punishment hardens more offenders than they reclaim.
As to their 13th amendment, because they do conceive that the oath or teste prescribed in the system of government, and recited in this clause, contains, in substance, the whole of the additional teste proposed in the bill, and the Council apprehend it would be wrong, without some evident necessity, thus early to add or
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THE DELAWARE STATE, 1777.
diminish from that form held out to the people, more especially as the teste prescribed in the system of government, and no other, was taken by the members of the General Assembly, who are in the first department in the State, with whom the people have intrusted their lives, liberties and properties. The Council therefore cannot think it necessary that those persons who are to fill the inferior departments should be obliged to take any other.
These reasons weigh strongly with the Council. Many others might be adduced ; but they flatter themselves that when the House of Assembly review the parts of the bill particularly objected to they will adopt the amendments proposed by the Council.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair the following resolution's, to wit :
"IN THE HOUSE OF ASSEMBLY, " SATURDAY, P. M., February 22d, 1777.
"The House took into consideration the state of the Fort on " Xtiana River, in the Borough of Wilmington, together with the "publick powder and other military stores kept in the magazines "in the said fort, and, on motion,
"Resolved, That the said fort, together with the powder and "other military stores be put under the command and care of a " Fort Major, two Sergeants and twelve privates, to be immedi- "ately raised, paid and supported at the expense of the State, " until discharged by the General Assembly thereof.
"That the pay of the said troops per kalender month be as follows :
Fort Major, 18 dollars.
" To Each Sergeant, 8 dollars. Private, 5
" That in lieu of rations, each person be allowed Ios. per week "for his subsistence, and the commanding officer to have double " that sum.
"Resolved, That Capt. Ralph Walker, of the Borough of Wil- "mington, be appointed Fort Major (instead of Mr. Charles West,
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"late Fort Major, who is rendered incapable of that office), and " that he be commissioned by the President and Commander-in- "Chief accordingly ; which said Fort Major shall forthwith inlist "the number of persons above mentioned, who, from the time " of 'inlistment, shall receive the pay and subsistence aforesaid.
"Resolved, That the said Fort Major take under his care and "direction any fire-rafts that may be built or brought into this "State, and be subject to the command of the President or Com- "mander-in-Chief."
On motion,
Ordered, That Mr. Wiltbank wait on the House of Assembly with the following papers, to wit :
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The bill entitled "An act to punish treasons, &c.," and mes- sage assigning the reasons of Council for adhering to the amend- ments proposed to the said bill ;
The bill entitled "An act to render divers acts of Assembly, &c., more conformable to the present Constitution ;"
The report of the Committee on Publick Accounts, with the concurrence of Council ;
The resolutions of the House of Assembly respecting the ap- pointment of a Fort Major, and concurrence of Council thereto ;
The resolutions on Col. Jones's petition respecting salt works, with the further amendments proposed by Council ;
The resolution impowering the President to issue his procla- mation for continuing officers, with concurrence of Council ;
The resolution upon the petition of Robert Burton and others, with concurrence of Council.
A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the report of the com- mittee on Capt. Skillington's account, and resolution of Council thereon, with the concurrence of the House of Assembly, and appointment of David Finney, Esq., and Col. George Latimer a Committee for the County of New Castle ; Messrs. John Prior
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THE DELAWARE STATE, 1777.
and French Battle for the County of Kent, and Isaac Horsey, Esq'r, and Mr. John Tenant for the County of Sussex, for the service therein proposed.
[Vide the report for persons appointed on the part of Council, and enter it. ] *
Also, the resolutions respecting salt works, with concurrence of the House of Assembly to the amendment last proposed by the Council to the 4th resolution instead of the amendment pro- posed by the House of Assembly, which being made, the said resolutions are 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 "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.
*This report does not appear on the record.
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".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.
"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."
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following acts and resolutions of the House of Assembly, to affix the Great Seal to the same, to wit :
"IN ASSEMBLY, February 22d, 1777, P. M.
" On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of this State to the following laws, to wit :
"I. 'An act for supporting and establishing certain Bills of "Credit issued by the Congress of the United States of America, " and to prevent the counterfeiting of the same and certain lottery "tickets issued by their authority, certificates of the Continental "Loan Office, and other bills of credit ;'
"2. 'An act for aiding the discontinuance of the process in "the Supreme Court, and for altering the times of holding the
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"said court and also the Courts of Quarter Sessions of the Peace "and Goal Delivery and Courts of Common Pleas ;'
"3. 'An act for printing and emitting {15,000 in Bills of "Credit of this State to be let out on loan, and for striking the "further sum of £10,000 in such bills for the use of this State, "and for providing a fund for sinking the same ;'
"4. 'An act for the recovery of a sum of money due from " Boaz Manlove, of the County of Sussex, to the Delaware " State ;'
"5. 'An act for establishing a Militia in this State ;'
."6. 'An act for ascertaining the salaries and allowances to "the officers and persons herein mentioned employed in the "Government of this State and for the providing a fund for the "payment thereof ;'
"7. 'An act to render parts of divers acts of Assembly and "certain law proceedings more conformable to the present Con- "stitution ;'
"8. 'An act against desertion and harbouring deserters, or "dealing with them in certain cases.' "
The House took into consideration the report of the Commit- tee on Publick Accounts, and divers amendments being proposed to the Ist report and agreed to, the same were transcribed.
Ordered, That Mr. Vandyke wait on the House of the Assem- bly with the said amendments and following papers, to wit :
Ist and 2d report of Committee on Public Accounts, with the papers therein referred to ;
The resolutions of the House of Assembly requesting the Speakers of both Houses to write to General Washington, with the amendments thereto proposed and papers therein referred to;
The resolutions of the House of Assembly impowering the President to draw for the sums appropriated by the General As- sembly, with the concurrence of Council.
Mr. Vandyke, being returned, reported that he had waited on the House of Assembly according to the order aforesaid.
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A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the report of the com- mittee for adjusting the accounts of the officers and privates of the 2d Delaware Battalion, with the amendments proposed, and David Finney, George Latimer, and John Thompson are ap- pointed a committee for the County of New Castle ; John Prior and French Battle for the County of Kent, and Isaac Horsey and John Tenant for the County of Sussex, for the service aforesaid.
The House proceeded to the choice of 2 Privy Counsellors, when it appeared that Thos. McDonough and George Latimer were duly elected.
On motion,
Ordered, That a certificate of the appointment aforesaid bę drawn up and sent to the House of Assembly for their concur- rence, which was done, and is as follows, to wit :*. ·
Ordered, That the bills passed this session be signed by the Speaker and returned to the House of Assembly.
Ordered, That Mr. Wiltbank wait on the House of Assembly . with the said bills and certificate, also the report of the Commit -. tee for Publick Accounts.
Mr. Wiltbank reported that he had waited on the House of Assembly according to order.
A member from the House of Assembly, attending at the door, was admitted and returned the resolutions of that House requesting the Speakers of both Houses to write to General Washington, with the amendments thereto proposed. As to the Ist and 2d, acceded to ; as to the rest, propose an amendment,
Which was agreed to.
Also, the following resolution, to wit :
"IN THE HOUSE OF ASSEMBLY,
"SATURDAY, P. M., February 22d, 1777.
"Resolved, That the Council be informed that this House, "apprehending the business before the General Assembly may
* The certificate was left out by the Clerk.
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" be brought to a conclusion to-day, propose to adjourn to Mon- "day, the 2d June next."
A member from the House of Assembly, attending at the door, was admitted and delivered the amendments proposed by the House of Assembly to the amendments proposed by the Council to the resolution directing the Speakers of both Houses to write to General Washington.
Also the following verbal message, to wit :
"VERBAL MESSAGE FROM THE HOUSE OF ASSEMBLY TO " THE COUNCIL.
" The House has ordered the Speaker to sign any draught that "may be presented by the Speaker of Council for the payment "of the expenses of the session."
On motion,
Ordered, That the following verbal message be transcribed, signed by the Speaker, and sent to the House of Assembly, to wit :
Gentlemen :
The Council have been so engaged*
Ordered, That Mr. Vandyke wait on the House of Assembly with the following papers, to wit :
The resolutions of the House of Assembly respecting salt works, and resolutions requesting the Speakers of both Houses to write to General Washington, as amended ;
Letters from the President of Congress, inclosing sundry reso- lutions respecting Continental currency, and requesting an imme- diate representation from this State in Congress ;
The report of the committee on Capt. Skillington's account, with concurrence of Council, and appointment of John Thomp- son, Esq., for the County of New Castle ; John Cook, Esq., for the County of Kent, and William Polk, Esq., for the County of Sussex, on the part of this House for the purpose aforesaid.
* The above is just as it is in the original.
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Mr. Vandyke reported that he had waited on the House of Assembly according to order.
A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the bill to punish treasons and disaffected persons, &c., with the amendments proposed by this House, to all of which the House of Assembly agreed.
Also, delivered the following verbal message, to wit :
A VERBAL MESSAGE TO THE COUNCIL FROM THE ASSEMBLY. Gentlemen :
The Assembly are so straitened *
The bill to punish treasons, &c., as amended, was read and compared at the table. Agreed that the same be enacted into a law.
Ordered, That the Speaker subscribe the same, which was done accordingly.
Ordered, That Mr. Bassett wait on the House of Assembly with the said bill as signed by the Speaker.
A member from the House of Assembly, attending at the door, was admitted and returned the certificate, &c., of the appointment of the Delegates to Congress, with their concurrence.
The Council took into consideration their expenses this session, and thereupon
Resolved, That there be paid to the members of Council : . For New Castle County, for personal expenses by
them incurred, to wit : 3 members, 42 days, . £ 74 17 9
To the members of Kent County, for same, 78 17 9
To the members of Sussex County, for same, 82 17 9
To Slator Clay, Clerk of Council, for 40 days' attend- ance, &c., @ 7s. 6, . 20 17 6
Carried over, £257 10 9
* The above is according to the manuscript record.
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Brought over, £257 10 9 To Jas. Firth, Messenger to Sussex, 2 10 0
To Robert McIlheron, the same to camp, 10 00
To Robert Booth, Messenger to summon witnesses, . 1 13 O
£271 13 9
Ordered, That the same be transcribed and sent to the House of Assembly for concurrence, which was done accordingly.
Then the Council adjourned to the 6th day of June next.
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MAY, 1777.
MINUTES OF THE COUNCIL OF THE DELAWARE STATE.
NEW-CASTLE-ON-DELAWARE, THURSDAY, May Ist, 1777.
Council met in pursuance of a summons from his Excellency John McKinley, Esquire, President and Commander-in-Chief.
A quorum of members not having attended, adjourned till to- morrow morning, 10 o'clock.
FRIDAY, A. M., May 2d, 1777.
Council met.
It appears by the returns of the Sheriffs and Inspectors of the Counties of Kent and Sussex that, pursuant to a writ from the Speaker, an election was held on the 25th April last, at the usual places of election, for the choice of members of Council in the room of William Polk and John Wiltbank, Esquires, who are appointed Justices of the Court of Common Pleas and Orphans'
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Court for the County of Sussex, and James Sykes, Esquire, who is appointed one of the Justices of the Supreme Court of this State, when the following gentlemen were chosen, to wit :
FOR THE COUNTY OF SUSSEX, John Jones, Samuel Shelton Sloss.
FOR THE COUNTY OF KENT, John Baning.
Adjourned till to-morrow morning.
SATURDAY, A. M., May 3d.
Council met.
A member from the House of Assembly delivered the following message from his Excellency the President to the General Assem- bly, to wit :
A MESSAGE FROM THE PRESIDENT TO THE GEN- ERAL ASSEMBLY.
" Gentlemen :
"I herewith send you sundry resolutions of Congress of the " 14th ultimo, recommending measures to the Legislatures of "each of the United States for the more speedy furnishing their "several quotas of troops, together with a circular letter ad- "dressed from the President thereof to the Assembly of this "State, both of which were transmitted to me on the 19th fol- "lowing ; and Congress deeming it necessary that the several "Legislatures should cause those measures to be put in execu-
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"tion before the 15th day of this month, I have thought it my " duty, with the advice of the Privy Council, to call you together "at this time."
Adjourned till Monday morning.
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Council met.
MONDAY, A. M., May 5th.
A quorum of members not attending, all business was post- poned till Wednesday.
WEDNESDAY, A. M., May 7th.
Council met. Present-All the members except Messrs. Cant- well, Jones, Sloss, and Dingee.
Mr. Baning took and subscribed the oath and declaration as prescribed by the Constitution .*
* The oath, &c., here mentioned, are given in the "Qualification Book," with the signature of the member thereto, as follows :
I [A. B.] will bear true allegiance to the Delaware State, submit to its Consti- tution and Laws, and do no act, wittingly, whereby the freedom thereof may be prejudiced.
I [A. B.] do profess faith in God the Father, and in Jesus Christ his only Son, and in the Holy Ghost, one God, blessed for evermore; and I do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine In- spiration
JOHN BANING.
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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., May 7th, 1777.
"Resolved, That no officer, or other person (not being there- "unto particularly authorized by Congress, or his Excellency "General Washington, in pursuance of a resolve of Congress), "shall be permitted to enlist any recruit within this State for any "other State until the quota of troops of this State is completed."
Which, being read, was ordered to lie on the table for consid- eration.
Adjourned till 3 o'clock, P. M.
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Council met.
The resolution of the House of Assembly under consideration in the forenoon was read the second time and concurred in.
Ordered, That Mr. Bassett wait on the House of Assembly with the resolution aforesaid and concurrence of Council thereto.
Mr. Vandyke prayed leave of absence till to-morrow afternoon. The same was granted.
Mr. Bassett, being returned, reported that he had waited on the House of Assembly according to order.
Adjourned till to-morrow morning, 10 o'clock.
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THURSDAY, A. M., May 8th.
Council met.
Mr. Cantwell, a member of this House, appeared and took his- seat.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a bill entitled
"An act for the more speedily completing the quota of troops to be raised in this State for the Continental army,"
Which, by order, was read the first time.
Adjourned till 3 o'clock, P. M.
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Council met.
Mr. Speaker being indisposed, adjourned till to-morrow morn- ing, 10 o'clock.
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FRIDAY, A. M., May 9th.
Council met, and resumed the consideration of the bill "for the more speedily completing the quota of troops to be raised in this State for the Continental army," which was read the second time, and, after some time spent therein, was postponed till the afternoon.
Adjourned till 3 o'clock, P. M.
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Council met.
The bill under consideration in the forenoon was taken up, and divers amendments being proposed and agreed to, the same were transcribed and sent to the House of Assembly for their concur- rence.
Ordered, That Mr. Collins wait on the House of Assembly with the said bill and amendments thereto proposed for their consid- eration and concurrence.
Mr. Collins, being returned, reported that he had waited on the House of Assembly according to the order aforesaid.
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