USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 10
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THE DELAWARE STATE, 1783.
sembly, which ought not to be with respect to any, except Hun- dred Collectors (who were specially excepted in the original bill, though your honorable House, by their eighth amendment, left them open to such account with the Auditor for any monies they may receive after the first day of March next) and Trustees of the Loan Office ; for, according to the best recollection of the Council, all other accountants under laws of the State are gen- erally to account with the General Assembly or their committees, which it is the fixed purpose of the Council to have transferred to the Auditor, whenever established, or otherwise a principal part of his usefulness will be lost to the public, as also to the account- ants ;- as to the first, saving that great expense of the two Houses sitting to transact this business, a want of knowledge, and, too generally, attention to it when under consideration-and as to the accountant, his tedious and expensive attendance on such set- tlement.
Your honorable House will therefore discover, from what is before said for rejecting your addition to your fifth amendment, why the Council thought it necessary-after your first paper of amendments had been laid before them, and most of them agreed to, for the sake of immediately establishing an office so useful to the State-to offer their fourth amendment as in the second paper, for the collecting and transmitting of all the public accounts in the possession or care of either House to the office of the Auditor, there to be forthwith liquidated and settled, all which might pro- bably be done before the next meeting of the General Assembly. Then as to the direction for the Auditor to examine and revise former settlements, and report all substantial errors or omissions, the Counsel have been told, and they think from authority, that a like officer lately, in a neighboring State, by such revisal of settlements, had discovered an error of fifteen hundred pounds in the account of an individual, such a sum standing in the settle- ment as a charge against the State, when it should have stood as a charge against that individual accountant in favor of the State. Many such instances may have happened in a long train of ac- counts, often settled under a variety of circumstances productive of mistakes; and as such revision would add but little to the expense of the State, the Council deemed it prudent to direct the measure, not doubting that every guardian of the people's rights and property would wish to be informed of substantial wrongs done to that property, and therefore' Council conceived it their
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duty to point out this as saving from such injury, and after to adhere to that fourth amendment as in the second paper.
Then as to the first and second additional amendments propos- ed by the Council, as in the second paper, they apprehend that some mode for calling every public debtor, or accountant, to do that which his duty and trust required, that is, to render an ac- count of his transactions 'in money matters intrusted to his care to the common officer of the State, was absolutely necessary to be prescribed to render that officer an useful one to the State ; and as your honorable House, by their eleventh and twelfth amendments, in the second paper, had disagreed to all the clauses in the original bill that were framed and calculated for compelling the public debtor, or trustee, to account and after to pay what he should have been found indebted to the State in a summary way, the Council, by their first and second amendments in the second paper, placed a delinquent debtor, or accountant, on the same footing with the witness who was to testify either for or against the delinquent, by enabling the Auditor to use only the same kind and form of compulsory process to call such delinquent before him as by the same tenth section of the original bill, ap- proved of by your honorable House, the Auditor was authorized and directed to use for the appearance of the witness ; and great was the surprise of the Council to discover the disagreement to this so mild, and, as they conceive, unexceptionable and neces- sary power of the Auditor-for to say that a delinquent shall be left to his sole will and pleasure whether he will account for his trust, and yet that, if he pleases to come forward and do this, any persons who, by accident or otherwise, have a knowledge of his conduct, or of the transactions to be accounted for, shall be com- pelled by a form, too rigorous for the delinquent, to appear and give evidence relative to the subject matter of such delinquent's account. As many such delinquent accountants are and may be, where no bond and security hath been given or required, what is before said applies to such, and must discover to your honorable House the palpable impropriety of appointing a person to exer- cise the power of settlement, and yet withholding the power of effecting it. Then, as to such whose bonds of performance may include the right of suits thereon for not accounting, they are left to exercise all the delays and chicanery used and practised in the Common Law Courts before even a judgment to account can be had thereon. By these second last mentioned amendments the power of the Auditor over him is no more than, as is said before,
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THE DELAWARE STATE, 1783.
against his witness, which is to compel an appearance and exhibit his account ; for as to the recovery of any sum declared by the Auditor to be due thereon, the suit, on his bond if such given, if not, then as in common cases of debts to private persons, is to be brought and pursued in the Courts. of Law. Upon the whole, the Council hope that when your honorable House shall be pos- sessed of their reasons for determining as they have on the first, second and third papers of amendments, they will concur with the Council, and not let so useful, necessary and important a bill fall through, and be lost to the State, and thereby remove every suspicion that might be suggested, that the Representatives of the People, or any of them, were disposed to countenance delin- quency in the public servants and accountants.
On motion, by order,
The petition of William Simpson, and the resolution of the House of Assembly thereon, were read, and an amendment to the said resolution was proposed, agreed to, and ordered to be transcribed.
On motion, by order,
The resolution for the appointment of a committee to wait on Mr. Vandyke, &c., was read the first time and concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., Feb. 4, 1783.
"On motion,
"Resolved, That a committee of three be appointed on the "part of this House, to join with a committee to be appointed "by the Council, for the purpose of waiting upon N. Vandyke, "Esquire, and desiring his answer with respect to his acceptance "of the office of President and Commander-in-Chief of this State, "to which he was appointed by the General Assembly on Satur- "day last.
"The members chosen : Mr. Duff, Mr. Molleston, and Mr. "Smith.
"JAS. BOOTH, Cl'k of Assembly.
" Sent for concurrence."
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And thereupon,
Resolved, That Messrs. Collins and William Polk be a com- mittee on the part of the Council to join with the committee of the House of Assembly for the purpose above expressed.
Adjourned till to-morrow at 10 o'clock.
WEDNESDAY, A. M., Feb. 5, 1783.
The Council met. Present all the members, except Mr. Bassett and Mr. Joshua Polk.
Ordered, That the resolutions of Council, founded on the reso- lutions of Congress of the 30th of October and 2d November, 1781, as amended by the House of Assembly and agreed to by the Council, be sent, together with the original resolutions and paper of amendments, to the House of Assembly for their con- currence ; and the petition of William Simpson, and the resolu- tion of the House of Assembly thereon, with the amendments proposed thereto by the Council ; and also the resolution for the appointment of a committee to wait on Mr. Vandyke, &c., with the concurrence and appointment of the Council thereto.
Mr. Polk reported the delivery according to order.
On motion, by order,
The resolution of the House of Assembly for making provision for the subsistence of the Delaware Regiment, now cantoned in New Castle County, was read the first time.
By special order, the same was read the second time and con- curred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "TUESDAY, P. M., Feb. 4, 1783.
"WHEREAS no provision hath been made for the subsistence "of the Delaware Regiment, now cantoned in New Castle Coun- "ty; therefore
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THE DELAWARE STATE, 1783.
"Resolved, That Samuel Patterson, Esquire, Treasurer of this "State, be and he hereby is empowered to contract, upon the "most moderate terms that can be obtained, for supplying the "said regiment with rations and necessary accommodations dur- "ing their continuance in this State, or until otherwise provided "for; and that the said Treasurer apply to the Superintendent "of Finance for the repayment of the money thus expended for "the subsistence and accommodation of the said troops ; and in "case the same cannot be obtained, he is hereby empowered "to retain the amount of such expenditure out of the public tax "of the present year, when the same may come to his hands, the "said State Treasurer's accounts thereof being first adjusted by " the General Assembly.
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
On motion, by order,
The bill for fitting out or selling the State schooner, was read the second time.
Adjourned till 2 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Duff, a member of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act for levying and col- lecting divers sums of money remaining due for taxes in Conti- nental Bills of Credit therein mentioned, and for other purposes."
The same member also delivered a letter, dated January 3d, 1783, from the Assistant Secretary at War, with a set of resolu- tions for completing the Delaware Regiment, &c., founded on the above mentioned letter.
Mr. James, a member of Assembly, was admitted and returned to the the Chair the resolution of Council, founded on the resolu-
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tions of Congress of the 30th October and 2d November, 1781, concurred in by the House of Assembly, together with the papers attending the same.
The same member also delivered the petition of Wm. Simp- son, the resolution of the House of Assembly founded thereon, and the amendment proposed thereto by the Council acceded to by the House of Assembly, with a resolution of the House of Assembly for the payment of 630 to the said Wm. Simpson, and an order, signed by the Speaker of the House of Assembly, for the said sum of £ 30 in favor of the said William Simpson, which was accordingly signed by the Speaker of the Council.
The same member also delivered the accounts of Philip Barratt and Thomas Duff, Esqs., Commissioners appointed to collect the certificates given by the Quartermaster's and Commissary's De- partments.
The committee to whom the petitions of Isaac Short, James Abbott, George Abbott, and Charles Williams were referred, now delivered their report at the table, which was read the first time; and the petition of Isaac Short was referred to Capt. James Moore, superintending the recruiting of the Delaware Regiment, to do therein what the good of the service and the particular circumstances of Short's company may, in his opinion, require ; and an amendment was proposed by the Council to the reference made to Capt. James Moore, indorsed on the petitions of the said James Abbott, George Abbott, and Charles Williams, agreed to, and ordered to be transcribed.
On motion, by order,
The resolution for the payment of £30 to W. Simpson was read and concurred in.
On motion, by order,
The resolutions founded on the letter from the Secretary at War, for completing the Delaware Regiment, were read the first time.
By special order, the said resolutions were read the second time, and some amendments were proposed, agreed to, and or- dered to be transcribed.
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THE DELAWARE STATE, 1783.
Ordered, That Mr. McDonough deliver to the House of As- sembly the engrossed bill for preventing and punishing the coun- terfeiting of bank notes, &c., with the original and amendments, in order to be compared and signed by the Speaker of Assembly; the letter from the Assistant Secretary at War, with the resolu- tions for completing the Delaware Regiment, founded thereon, with a paper of amendments thereto; the resolution for providing subsistence for the Delaware Regiment, concurred in by Council ; the petitions of Isaac Short, James Abbott and George Abbott, and Charles Williams, with an amendment proposed by Council to the reference indorsed on James Abbott's petition, and the message from Council to the Assembly.
Adjourned to 10 o'clock to-morrow.
THURSDAY, A. M., Feb. 6, 1783.
The Council met. Present the same members as on yesterday.
Mr. McDonough now reported the delivery of the papers com- mitted to him, according to the order of yesterday.
Mr. Molleston, a member of Assembly, was admitted and re- turned the engrossed bill for preventing and punishing the coun- terfeiting of bank notes, &c., (with the original) signed by the Speaker of the House of Assembly, with a resolution to affix the Great Seal to the same.
The same member delivered the resolutions for completing the Delaware Regiment, with the amendments proposed thereto by Council acceded to by the House of Assembly, accompanied with a copy of the said resolutions, as amended, for the concurrence of the Council.
The same member delivered the petition of Isaac Short, with the reference to Capt. James Moore indorsed thereon, concurred in by the House of Assembly; and the petitions of Jas. Abbott and George Abbott, and Charles Williams, with the amendments of Council acceded to by the House of Assembly.
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Ordered, That the Speaker of the Council sign the bill for pre- venting and punishing counterfeiting of bank bills ; which was accordingly done.
On motion, by order,
The resolution for affixing the Great Seal to the same was read, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, Feb. 6, 1783.
" On motion,
"Resolved, That the President or Commander-in-Chief affix "the Great Seal of this State to the following law, to wit :
" 'An act for preventing and punishing the counterfeiting of the common seal, bank bills and bank notes of the President, Direc- tors and Company of the Bank of North America, and for other purposes therein mentioned.'
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
On motion, by order,
The resolutions for completing the Delaware Regiment, as amended, were read and concurred in, and are as follows :
"IN THE HOUSE OF ASSEMBLY, " TUESDAY, P. M., Feb .. 4, 1783.
"The committee to whom was referred the letter, of the 3d of "January last, from the Assistant Secretary of War, brought in "their report, which being taken into consideration, the House "came to the following resolutions thereon, to wit :
"WHEREAS it appears, by a letter from the War Office, dated "the 3d day of January last, that the late arrangement of the "Army of the United States, which was to take place on the first "day of the said month, in pursuance of the resolutions of Con- "gress of the 7th of August last, is suspended so far as the same "relates to this State until the first day of March next, upon con- " dition, that a positive assurance be given that an augmentation "will be made to the said Regiment on or before that day ; there- " fore
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"Resolved, That the President or Commander-in-Chief be and "he is hereby empowered and requested to write to the Secre- "tary at War, informing, that this State will engage to complete " the Delaware Regiment to four companies by the twenty-fifth "day of March next.
"That Capt. James Moore be directed forthwith to proceed to "the enlisting of fifty-four men for the purpose of completing "the Delaware Regiment to four companies ; in which business "he shall govern himself in all things agreeable to the resolutions "of the General Assembly of the 13th of November, 1781, and "5th of February, 1782, except so far as the same relates to the "bounty allowed to each recruit, which shall be the sum of six "pounds, and no more; and the said James Moore shall be en- "titled to the same rewards and emoluments for this service as "are specified in the said resolutions.
"That the President or Commander-in-Chief be and he is "hereby authorized to draw his orders upon the Treasurer of this "State, from time to time, in favor of the said James Moore, for "such sums of money as he shall judge necessary for the said re- "cruiting service, not exceeding in the whole the sum of five . " hundred and fifty pounds.
"AND WHEREAS it hath been represented, that a number of " deserters from the Delaware Regiment have signified their de- "sire to pay such sums of money for their discharge therefrom "as will, in the opinion of the General Assembly, be sufficient to " procure substitutes to serve in the said Regiment ; therefore
"Resolved, That Capt. James Moore be and he is hereby em- " powered and directed to give a discharge to any deserter from " the aforesaid Regiment who shall pay to the said James Moore, "on or before the tenth day of March next, such sum of money "'as he shall deem sufficient to procure a substitute for that " purpose; which discharge shall be as valid, to all intents and "purposes whatsoever, as if the same had been given by the "General Assembly.
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
Mr. Barratt, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly for the
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appointment of a committee of conference, on the part of the House of Assembly, to confer with a committee of Council on the subject matter of the amendments proposed to the bill for raising £26,250 for the service of the present year.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Carty, a member of Assembly, attending, was admitted and delivered to the Chair a resolution of the House of Assem- bly to adjourn, to-morrow in the forenoon, the present sessions to some future day.
On motion, by order,
The resolution for the appointment of a committee of confer- ence on the subject matter of the amendments proposed to the bill for raising {26,250, was read, and thereupon the following verbal message was proposed at the table and agreed to:
Gentlemen :
The Council are at loss to know upon what precedent, usage or practice the House of Assembly have founded their resolu- tion aforesaid, as the Council apprehend that when committees of conference are appointed and had between two branches of a legislature, they are to communicate the reasons which each branch may have for a difference of opinion upon any public act or measure, after to be represented by each set of conferees to their respective Houses. In the present case your honorable House are in possession of the reasons which induced the Coun- cil to make, and after to adhere to, their amendments to the Tax Bill ; therefore Council apprehend, that a conference of members of both Houses, either in the marmer adopted by your House in their resolution now before Council or in the customary mode, will not answer any good public purpose, at least before the reasons which induced the House of Assembly to disagree to, or reject the amendments, are laid before the Council.
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Ordered, That Mr. McDonough wait on the House of Assem- bly and deliver the above message.
On motion, the Council now concurred in the references made to Capt. James Moore, indorsed on the petitions of Isaac Short, James Abbott, George Abbott and Charles Williams.
Ordered, That Mr. McDonough return the said petitions to the House of Assembly, and deliver the bill for preventing and punishing the counterfeiting, &c., signed by the Speaker.
Adjourned till to-morrow at 9 o'clock.
FRIDAY, A. M., Feb. 7th, 1783.
The Council met. Present the same members as on yesterday.
Mr. McDonough reported the delivery of the papers according to the order of yesterday.
On motion, by order,
The bill for discharging the half pay of officers of the Delaware Regiment dying in the service to their widows, &c., was read the second time and will pass.
Ordered, That the same be sent to the House of Assembly to be signed by the Speaker thereof.
On motion, by order,
The engrossed bill for levying and collecting divers sums of money remaining due for taxes in Continental Bills of Credit, herein mentioned, and for other purposes, was read the first time.
On motion, by special order, the same was read a second time, passed the Council, and was signed by the Speaker.
Ordered, That Mr. Grantham deliver the foregoing bills to the House of Assembly.
Mr. Grantham reported the delivery according to order.
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Mr. Duff, a member of the House of Assembly, was admitted and delivered to the Chair resolutions for the payment of the Delegates to Congress.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met, and
Ordered, That Mr. Collins deliver to the House of Assembly the bill for auditing and arranging the accounts of this State, &c., with its several amendments, and the transcribed message, stating the reasons of Council for their adherence to several of their amendments to the same bill.
Mr. Collins reported the delivery according to order.
On motion, leave was given to bring in a bill purporting to be "A supplementary act to the act entitled 'An act for the protec- tion of the trade of this State on the River and Bay of Dela- ware;' " whereupon a bill for that purpose was laid on the table, and, by order, read the first time. ..
By special order, the same was read a second time and passed the Council.
Ordered, That the same be transcribed and delivered to the House of Assembly, for their consideration, by Mr. W. Polk; together with the resolutions for recruiting the Delaware Regi- ment to four companies.
Mr. Bryan, a member of Assembly, was admitted and deliv- ered to the Chair the bill for the discharging of the half pay to the widows or children of the officers of the Delaware Regiment, &c., and also the bill for the levying and collecting divers sums of money remaining due for taxes in Continental Bills, &c., res- pectively signed by the Speaker of the House of Assembly, to- gether with a resolution of the House of Assembly to affix the Great Seal to the said bills.
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Ordered, That the Speaker sign the bill for the discharging of the half pay to the widows or children of the officers of the Dela- ware Regiment, &c .; which was accordingly done.
On motion, by order,
The resolution was read for affixing the Great Seal to the above mentioned laws, concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "FRIDAY, P. M., Feb. 7, 1783.
" On motion,
"Resolved, That the President and Commander-in-Chief affix
"the Great Seal of this State to the following laws, to wit :
" 'An act for the discharging of the half pay to the widows or "children of the officers of the Delaware Regiment who have "died or may die in the service of the Continent;' and
"'An act for the levying and collecting divers sums of money "remaining due for taxes in Continental Bills of Credit, herein "mentioned, and for other purposes.'
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
Ordered, That the said bills, respectively signed by the Speaker, and the resolution for affixing the Great Seal to the same, concurred in by the Council, be returned to the House of Assembly by Mr. W. Polk ; who is also charged with the delivery of the engrossed bill entitled "A supplementary act to the act entitled 'An act for the protection of the trade of this State.on the Bay and River of Delaware.' "
Adjourned till 10 o'clock to-morrow.
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SATURDAY, A. M., Feb. 8, 1783.
The Council met. Present the same members as on yesterday.
Mr. Polk now reported the delivery of the several papers com- mitted to him, according to the order of yesterday.
On motion, by order,
The accounts of Thomas Duff and Philip Barratt, Esquires, for their services as commissioners for collecting certificates, &c., and the resolution for the payment of the same, were severally read the first time.
By special order, the said resolution was read a second time, concurred in, and is as follows, to wit :
"IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, A. M., Feb. 5, 1783.
"Two accounts against the State from Thomas Duff and "Philip Barratt, Esquires, for their services as commissioners "in the execution of a resolution of the General Assembly, of "the 18th June, 1781, for ascertaining the amount of certificates "issued within this State from the Quartermaster's and Com- "missary's Departments, were read and allowed, to wit: To "Thomas Duff, Esq., [ 11 : 7 : 6, and to Philip Barratt, Esq., "seven pounds.
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