USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 1 > Part 9
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" IN THE HOUSE OF ASSEMBLY, "MONDAY, A. M., May 12th, 1777.
" On motion,
"Resolved, That this House will, before dinner, adjourn to. the "2d day of June next."
A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the resolutions reported by the committee of Council and agreed to be adopted in the stead of the resolutions of the House of Assembly, founded on the President's message, with divers amendments thereto pro- posed, which were concurred in, to wit : +
Also, the following bills passed this session, to wit :
"An act for the holding the General Assembly at Dover, in the County of Kent ;"
"A supplement to an act entitled 'An act for regulating inn- holders, tavern-keepers, and other publick house keepers within this Government, and impowering the Justices to settle the rates of liquors ;' "
"An act for the more speedily completing the quota of troops to be raised in this State for the Continental army ;"
"A supplement to an act entitled 'An act for establishing a Militia in this State ;' "
* The Clerk left a blank space for, but neglected to copy these resolves into his journal.
t These amendments do not appear on the manuscript journal.
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THE DELAWARE STATE, 1777.
Which were signed by the Speaker.
Ordered, That Mr. Collins wait on the House of Assembly with the above laws and resolution aforesaid, as amended.
Mr. Collins, 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 delivered at the Chair a resolution of that House impowering the President to affix the Great Seal of this State to the different bills passed this session.
Which was concurred in.
Ordered, That the above resolution be signed by the Speaker and returned to the House of Assembly.
And Mr. Vandyke was appointed for that purpose, who, being returned, reported that he had waited on the House of Assembly according to order.
Then the Council took into consideration the state of their ex- penses, and they find
New Castle County's quota £ 24 7 II
Kent County's 24 7 II
Sussex County's
24 7 II
Adjourned till 2d June.
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MINUTES OF COUNCIL.
JUNE, 1777.
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MINUTES OF THE COUNCIL
OF THE DELAWARE STATE.
NEW-CASTLE-ON-DELAWARE, MONDAY, June 2d, 1777.
Council met according to adjournment.
A quorum of members not attending, adjourned till to-morrow morning, 10 o'clock.
TUESDAY, June 3d.
Council met. Present all the members, except Mr. Vandyke.
Messrs. Sloss and Jones, being elected in the stead of William Polk and John Wiltbank, Esquires, who were appointed Justices of the Court of Common Pleas and Orphans' Court in Sussex County, took and subscribed the oath and declaration as pre- scribed by the Constitution .*
* The oath, &c., here mentioned, are given in the "Qualification Book," with the signature of the members thereto.
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,
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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, to wit :
" IN THE HOUSE OF ASSEMBLY,. ... "TUESDAY, P. M., June 3d, 1777.
" On motion,
"Resolved, That this House propose to put in nomination, to- morrow afternoon, persons qualified to be Judges of the Supreme Court for this State, in the room of Richard M. William and Cæsar Rodney, Esquires, elected on the 21st day of February last first and second Justices of the said Court, who have declined accepting of the same offices ; and James Sykes, Esquire, elected, at the same time, third Justice thereof, he having since that time accepted of the Clerkship of the Courts of Common Pleas and Quarter Sessions for the County of Kent, and thereby being rendered incapable of holding the said office; and also for the office of Judge of the Admiralty, in stead of Nicholas Vandyke, Esquire, who was elected thereto on the aforesaid day, and hath since declined to accept thereof; and that the Council be re- quested to 'concur herein."
Which, by order, was read the first time.
On motion, by special order, the same was read the 2d time and concurred in.
Ordered, That Mr. Bassett wait on the House of Assembly with the resolution aforesaid and concurrence of Council thereto.
Who, being returned, reported that he had waited on the House of Assembly according to order.
Ordered, That a certified copy of the above resolution be de- livered to his Excellency the President.
Adjourned till to-morrow.
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.
SAMUEL SHELTON SLOSS. JOHN JONES.
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WEDNESDAY, P. M., June 4th.
Council met.
A committee from the House of Assembly, attending at the door, were admitted and informed the Council that the House of Assembly is now ready to proceed to the nomination of Justices of the Supreme Court and a Judge of the Admiralty, agreeable to the resolution of both. Houses.
The Council proceeded to the State House and there met the House of Assembly, when divers persons were put in nomination for the respective offices of Justices of the Supreme Court and Judge of Admiralty for this State, to be balloted for to-morrow at 3 o'clock, P. M.
Ordered, That notice thereof be forthwith given to the Presi- dent.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a bill entitled
"An act for aiding the discontinuance of the process in the Courts of Quarter Sessions for the Counties of New Castle and Sussex, &c."
Which, by order, was read the first time.
On motion,
Ordered, That Col. Jones and Major Sloss be of the Commit- tee for Publick Accounts.
Ordered, That Mr. Bassett wait on the House of Assembly with a copy of the above order.
On application of Col. Collins for leave of absence till to-mor- row morning, the same was granted.
Adjourned till to-morrow morning, 10 o'clock.
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THURSDAY, June 5th.
Council met.
Mr. Speaker laid on the table a message from his Excellency the President, together with a certified copy of the report of those persons who were appointed to go into the County of Sussex to make inquiry into the present disposition of the inhabitants thereof, and sundry resolutions of Congress of the 29th of April and the 12th and 19th of May last ; which message is as follows, to wit : 1 " Gentlemen :
"In pursuance of your resolution of the 12th of last month "I, together with the Privy Council, did appoint John Thomp- "son, Thomas Collins, and John Cook, Esquires, to go into the "County of Sussex for the purposes in that resolution expressed, . "in consequence whereof I received, the evening before last, a. "report, in writing, signed by two of the aforesaid gentlemen ; "whereupon I convened the Privy Council yesterday and laid "the same before them, and now, with their advice, I herewith "send you a copy of that report.
"Since the last sitting of your honorable Assembly I received "some resolves of Congress, to be laid before you. One of "those resolutions, of the 29th of April last, recommends the "adjustment of the accounts for recruiting the Continental Bat- "talion of this State, that the same may be transmitted to the "Treasury Board. Another of those resolutions, of the 12th of " May last, recommends to the Legislature to exempt from mili- "tary duties all persons who are immediately concerned in the "business of the post office ; and another of them, of the 19th "of the same month, recommends that the Legislature should "make provision, by law, for marching the Militia out of this "State when the service shall so require it."
Which, being severally read, were referred for consideration.
The bill for aiding the discontinuance of the process in the
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THE DELAWARE STATE, 1777.
Courts of Quarter Sessions for the Counties of New Castle and Sussex was, upon motion and order, read the 2d time.
Resolved, That the same bill be committed to a committee of three.
The persons chosen, Messrs. Bassett, Jones, and Collins.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
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 other members, examined the ballot-box, and it appear- ing that there was a majority of votes in favor of William Killen, Esquire, as Chief Justice of the said Court, and a majority of votes in favor of John Evans, Esquire, as second Justice of the said Court, and a majority of votes in favor of John Cook, Esq'r, as third Justice of said Court,
Whereupon the said William Killen, John Evans, and John Cook 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 Cæsar Rodney, Esquire,
Thereupon the said Cæsar Rodney is declared duly elected and appointed Judge of Admiralty.
Adjourned till to-morrow morning, 10 o'clock.
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MINUTES OF THE COUNCIL OF
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FRIDAY, A. M., June 6th.
Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a resolution of that House to put in nomination, to-morrow afternoon, persons qualified to be Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, in the room of Thomas Tilton, Esquire, who hath declined accepting of the same office.
Which, by order, was read the Ist time.
The committee to whom the act for aiding the discontinuance of the process in the Courts of General Quarter Sessions of the Peace, &c., in the Counties of New Castle and Sussex, was com- mitted, report sundry amendments thereto, which were agreed to, and ordered to be transcribed and sent to the House of As -. sembly for their consideration.
The resolution of the House of Assembly respecting the nom- inating persons qualified to be Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, &c., was read the 2d time, and thereupon
Ordered, That the following verbal message be transcribed, signed by the Speaker, and sent to the House of Assembly, to wit :
A VERBAL MESSAGE' FROM THE COUNCIL TO THE ASSEMBLY. Gentlemen :
The Council beg to know in what way it doth appear to the House of Assembly that Thomas Tilton, Esq., of Kent County, lately elected Chief Justice of the Court of Common Pleas and Orphans' Court for that county, hath declined accepting of the same office, or what evidence the House of Assembly hath of that fact.
Ordered, That Major Sloss wait on the House of Assembly
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THE DELAWARE STATE, 1777.
with the above bill and amendments thereto proposed, also the resolution and verbal message.
Major Sloss reported that he had waited on the House of As- sembly according to order.
The Council taking into consideration the resolves of the Honorable the Congress of the 29th of April last relating to the settlement of the accounts for recruiting the Continental Battalion of this State, mentioned in a message from the President of the 5th instant, thereupon
Resolved, That George Latimer and Robert Bryan, Esquires, be a committee to state an account of the monies advanced for recruiting the Continental Battalion belonging to this State, to- gether with the names of the officers to whom the same were advanced, and to transmit the same to the Paymaster of the said battalion.
On motion,
Ordered, That the Paymaster forthwith call the said officers to account for such monies, agreeable to the resolutions of Congress aforesaid.
Ordered also, That the said Paymaster afterwards lay before the said committee a state of the said accounts, together with the vouchers to be produced, for their examination.
Ordered, That Mr. Baning wait on the House of Assembly with a copy of the above resolution and orders, and propose to them the appointment of a committee of the House of Assembly to join the committee of Council in the business aforesaid, if 'they think proper.
Ordered also, That the said George Latimer and Robert Bryan be appointed a committee to state an account of expenditures by this State for and on behalf of the Continent, in the stead of Messrs. Sykes and Vandyke, the former committee, who are absent, and now discharged from that service.
Adjourned till 3 o'clock, P. M.
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MINUTES OF THE COUNCIL OF
EODEM DIE, P. M.
Council met.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair a resolution of that House appointing Mr. Lockwood and Mr. Horsey a Committee of Ac- counts for the present year.
Also, a resolution to adjourn to-morrow evening until the thir- tieth day of September next.
Adjourned till to-morrow morning, 10 o'clock.
SATURDAY, A. M., June 7th.
Council. met.
A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair the following verbal mes- sage, to wit :
" Gentlemen :
"In answer to your verbal message of yesterday, delivered "by Mr. Sloss, begging to know in what way it doth appear to "the Assembly that Thomas Tilton, Esquire, hath declined ac- "cepting of the office of Chief Justice of the Court of Common "Pleas and Orphans' Court for the County of Kent, or what "evidence the House have of that fact, the Assembly inform "the Council that two of the members of their House, namely : "Messrs. Stout and Cook, gave the House to understand that "they had frequently conversed with Mr. Tilton upon the subject "of his appointment aforesaid, and requested him to qualify to
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THE DELAWARE STATE, 1777.
"the said commission, and one of them very lately, and that he "never gave them any reason to believe he intended to qualify "thereto, and that he had not qualified to the said commission "when the said members departed from their homes to attend "this present sitting of the Assembly, which was three months "after his appointment."
Also, a resolution appointing John Barclay, Jonathan Robin- son, and William Hemphill a committee, on the part of the House of Assembly, to join the committee of Council for stating an account of the monies advanced for recruiting the Continental Battalion belonging to this State, and also in stating an account of expenditures by this State for and on behalf of the Continent, in the room of Messrs. Thompson, Jones, and Robinson, ap- pointed for that service on the 19th of February last, they being engaged in other public business.
A member from the House of Assembly, attending at the door, was admitted and returned the bill entitled.
"An act for aiding the discontinuance of the process in the Courts of General Quarter Sessions of the Peace, &c.,"
With the amendments thereto proposed by the Council, to which the House of Assembly agreed.
The Council consent that the said bill be enacted into a law.
Ordered, That Mr. Bassett wait on the House of Assembly with the above bill and its amendments.
Who, being returned, reported that he had waited on the House of Assembly according to order.
The Council took into consideration the verbal message from the House of Assembly respecting the evidence that has appeared of Mr. Tilton's declining to accept of the office of Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent.
On motion,
Ordered, That the same be postponed till it is known whether the House of Assembly will recede from their resolution to ad- journ this evening.
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A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the following bill passed this session, to wit :
"An act for aiding the discontinuance of the process in the Court of General Quarter Sessions of the Peace and Goal De- livery in the Counties of New Castle and Sussex, and for other purposes therein mentioned."
Also delivered the report of the joint committee for settling and adjusting public accounts, to wit :
"The joint committee appointed for settling and adjusting public accounts report that they have examined the accounts of his Excellency John McKinly, Esquire, and there is due to him a balance of £ 707 : 2 : 9, allowed him, on a former settle- ment, as Military Treasurer of New Castle County ; and £ 48, as signer of the late paper currency, and { 20, it being the in- terest of £ 755 for 3 months and 3 weeks, and sundry other sums advanced by him since, as by his accounts appear, and the further sum of £713 : II : o, together with commissions on £1,113 : II : 0, at 212 per cent., the whole amounting to. £ 1,516 : 10 : 3.
"Your committee do further report, that on examining an account exhibited by John Clowes, Esquire, do find a balance due him of {10 for attending the press when printing money ;
"To Samuel Crossan, on the examination of his account, a balance due to him of { 20, which he is entitled to receive upon his producing a certificate from a Justice proving the facts set forth in his account with respect to a horse lost in the service ;
"To Jonathan Robinson the sum " *
Ordered, That Col. Collins wait on the House of Assembly with the several allowances made by that House to the report of the joint committee and concurrence of Council thereto.
Also, the bill entitled "An act for aiding the discontinuance of the process of the Courts of General Quarter Sessions of the Peace, &c.," as signed by the Speaker.
* A memorandum here says: "Get from Mr. Booth," and then follows a long blank space for inserting other items.
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THE DELAWARE STATE, 1777.
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, "SATURDAY, June 7th, 1777.
" On motion,
"Resolved, That the President and Commander-in-Chief be "impowered and required to draw on the Trustees of the Loan "Offices for this State respectively, or any of them, for the sums "agreed to by the General Assembly to be due to the persons "hereafter mentioned upon the reports of committees, out of the "sum of { 10,000, struck and given for the defence of this State "in pursuance of an act entitled 'An act for printing and emit- "ting { 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 the State and for providing a fund for sinking "the same,' he taking receipts for said draughts :
"To Capt. Bassett, 6
.20 16 3
"To Mr. President, 1516 10 3
"To Samuel Crossan (on his complying with the "terms prescribed by the committee), 20 0 .
"To James Adams, 216 13 I
"To John Baning, 1.IO O
"To Gen. Rodney, Col. Collins and Jas. Latimer, 123 15 O
" To Col. Collins and John Thompson, Esq., 38 10 0
"To Thomas McKean, Esq., 20 2 6
£ 1957 17 I
"IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, " SATURDAY, P. M., June 7th, 1777.
" On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of this State to the bill entitled 'An act for aid- "ing the discontinuance of the process in the Courts of General "Quarter Sessions of the Peace and Goal Delivery in the Coun- "ties of New Castle and Sussex, and for other purposes therein "mentioned.' " 18
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Ordered, That Major Sloss wait on the House of Assembly with the above resolution and concurrence of Council thereto.
Who, being returned, reported, &c .*
* Thus ends Mr. Clay's journal.
MINUTES OF COUNCIL.
OCTOBER, 1777.
0X80390 M
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a meeting of the Council at the Town of Dover, in the County of Kent, on Monday, the twentieth day of October, Anno Domini one thousand seven hundred and seventy-seven, a sufficient number of members to compose a House not attend- ing, adjourned from day to day till
THURSDAY, October 23, 1777.
The following members appeared in the Council, viz :
For New Castle County-George Read, Nicholas Vandyke. For Kent County-Thomas Collins, John Baning.
For Sussex County-John Jones.
The return of the Sheriff and Inspectors for the County of New Castle of the election of a Counsellor to fill the vacant seat of Richard Cantwell, Esq., who had the smallest number of votes at the General Election in October, 1776, being delivered at the table, it appears that the annual election for the said county was held on the first day of October, instant, at the Academy, in the Town of Newark, in the County of New Castle, in pursuance of a proclamation issued for that purpose by the Honorable Thomas McKean, Esquire, Speaker of the late House of Assembly and President of the State, in the absence of President McKinly and the Vice President, by reason that the situation of the British fleet and army at and near the Town of New Castle rendered it impracticable to hold the election there. Mr. Peter Hyatt was chosen a member of the Council for New Castle County in the place of Mr. Cantwell, and Mr. Hyatt appeared in the House.
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The return of the Sheriff and Inspectors for the County of Kent being laid on the table, it appears that Richard Bassett, who had the smallest number of votes at the former General Election for the said county, was reelected a member of the Council for the County of Kent on the first day of this instant October. Mr. Bassett appeared in the House.
On motion,
Agreed unanimously that the Speaker of the Council be chosen annually.
Then the Council proceeded to the choice of a Speaker, and George Read, Esquire, was unanimously chosen.
The Speaker in the Chair, Mr. Benjamin Vining was appointed Clerk and Nathaniel Smithers, Jun., Messenger and Doorkeeper.
Mr. Bassett and Mr. Hyatt, the two members chosen at the last General Election, took the oath and subscribed the declara- tion prescribed by the twenty-second article of the Constitution of this State. [See note on page 10.]
The Speaker laid on the table a letter from the Honorable Thomas Mckean, Esq., late Speaker of the House of Assembly and President of the State, in the absence of Mr. President Mc- Kinly and the Vice President, which, by order, was read the first time.
FRIDAY, October 24, 1777.
Council met.
Benjamin Vining, as Clerk of the Council, appeared in the House, took the oath and subscribed the declaration prescribed by the twenty-second article of the Constitution of this State, and also took the oath of office as Clerk of this House. [See note on page 11.]
On motion and order,
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The letter from the Honorable Thomas Mckean, Esquire, Speaker of the late House of Assembly and President of the State, in the absence of Mr. President McKinly and the Vice President, was read a second time and committed to Messrs. Vandyke, Bassett, and Jones, to report thereon.
Adjourned till to-morrow.
SATURDAY, October 25, 1777,
Council met.
A petition from divers of the inhabitants, freeholders and elec- tors of the County of Sussex, complaining that they and other the freeholders and electors of that county, on the first day of Octo- ber last past, were prevented from electing Representatives for the said county to the General Assembly of this State, and also of Sheriffs and Coroners for the ensuing year, by divers other persons, inhabitants of the said county, with an armed force, was delivered in at the table, and, on motion, read the first time.
The committee to whom the letter from the Honorable Thomas McKean, Esquire, as President in the absence of Mr. President McKinly and the Vice President, was referred, now made their report, which, on motion and order, was read the first time.
By special order the same was read a second time, and, after some debate, it was recommitted.
On motion, by special order, .
The petition from divers of the freeholders and electors of Sussex County, complaining that the general election for repre- sentatives for the said county was prevented to be held by an armed force, was read a second time and referred for considera- tion.
Adjourned to Monday morning, 10 o'clock.
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MONDAY, October 27, 1777.
Council met and adjourned till to-morrow morning, 10 o'clock.
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