USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 12
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Mr. Molleston, a member of Assembly, was admitted and deliv- ered to the Chair a supplementary bill to the act for ascertaining the depreciation of the pay accounts of divers persons in the sev- eral departments of the army, &c.
The same member also delivered a bill for preventing vexatious suits, &c.
On motion, by order,
The supplementary bill to the act for ascertaining the deprecia- tion of the pay accounts of divers persons in the several depart- ments of the army, &c., was read the first time.
On motion, by order,
The bill for preventing vexatious suits, &c., was read the first time.
Mr. Clayton, a member of Assembly, was admitted and deliv- ered to the Chair the bill for auditing and arranging the accounts of this State, and for the more speedy and effectual settlement of the same, together with the several papers of amendments pro- posed thereto by both Houses at their last sitting, and some ad- ditional amendments proposed by the House of Assembly, in their present meeting, to the said bill.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a message from the President, of the 13th instant.
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THE DELAWARE STATE, 1783.
The same member also delivered to the Chair a resolution of the House of Assembly for erecting a tombstone over the grave of Colonel Haslet.
The same member also delivered a resolution of the House of Assembly respecting an adjournment. .
Ordered, That Mr. Baning return to the House of Assembly Capt Moore's general account, with a paper of amendments pro- posed thereto by the Council, and the report of the committee of the House of Assembly thereon.
Mr. Baning reported the delivery according to order.
Adjourned to to-morrow.
THURSDAY, June 19th, 1783.
The Council met. Present the same members as on yesterday. On motion, by order,
The bill for raising {22, 500, was read the second time.
Dr. Clayton, a member of the House of Assembly, was ad- mitted and delivered Capt. James Moore's general account, with the amendments proposed thereto by the Council agreed to by the House of Assembly.
The Council, taking up the accounts of Capt. James Moore respecting the recruiting service on the report of the comunittee to whom they were referred, do concur with the House of As- sembly in the allowance of the same as they stand stated in the general account thereof ; and it is thereupon
Ordered, That Capt. Moore deliver the particular vouchers, supporting the charges stated in his general account aforesaid, to the Clerk of the House of Assembly, in order to support a charge against the United States.
Ordered also, That Capt. James Moore transfer, by way of 105
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assignment, for the use of the State, to Major William Peery, the evidences and securities for £139 : 5 : 3, stated, in his account, as outstanding and owing to the Delaware State from William Polk and John Clowes, Esquires, Charles Williams and Foster Donnaven, exclusive of the sum of £50 : 9 : 43/4, appearing at the foot of the general account, now exhibited and passed by the General Assembly; which said sum of £139 : 5 : 3 the said William Peery is hereby directed to receive, collect and pay over to the State Treasurer.
And it is further
Ordered, That Captain Moore be served with a copy of these orders.
Ordered, That Mr. William Polk return to the House of As- sembly the accounts and vouchers of Capt. Moore, and that he deliver to that House the resolutions of the Council respecting the same, for their consideration and concurrence.
Mr. Polk reported the delivery thereof according to order.
Mr. Charles Polk, a member of the House of Assembly, was admitted and returned to the Chair the resolutions of the Council respecting Capt. Moore's accounts, with the concurrence of the House of Assembly thereto.
The committee to whom were referred the President's Message of the 14th instant, accompanied with a letter from the Delegates of this State in Congress, on the subject of the back lands, now laid their report on the table.
On motion, by order, the said report was read the first time.
.By special order, the same was read the second time and agreed to.
Ordered, That Mr. Baning deliver the same to the House of Assembly, for their consideration and concurrence ..
Mr. Baning reported the delivery according to order.
On motion, by order,
The supplementary bill to the act for ascertaining the deprecia- tion of the pay accounts of divers persons in the several depart- ments of the army, &c., was read the second time, and sundry
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amendments were proposed, agreed to, and ordered to be trans- cribed.
Ordered, That Mr. Joshua Polk return the said bill, with the paper of amendments proposed thereto by the Council, to the House of Assembly, for their consideration and concurrence.
Mr. Polk reported the delivery according to order.
Mr. Carty, a member of the House of Assembly, was admitted and delivered to the Chair the resolutions of the General Assein- bly, made at their last sitting, directing a report of the state of the accounts between this State and the United States, with a resolution of the House of Assembly for the payment of seventy- five pounds to Wm. Peery, Esq., for public services performed.
Adjourned till to-morrow at 7 o'clock.
FRIDAY, June 20, 1783.
The Council met. Present the same members as on yesterday.
The Council now took into consideration the additional amend- ments proposed by the House of Assembly to the bill for auditing and arranging the accounts of this State, and agreed thereto, and also proposed further additional amendments to the said bill, by inserting in the 4th page of the House of Assembly's transcribed bill, last line but one and next before the words [any law, usage or custom to the contrary notwithstanding], the following words: [other than for any overplus of the specific sum directed to be raised in the annual tax acts occasioned by an excess of rate laid to supply deficiencies and the charge of collection].
Ordered, That Mr. Read return to the House of Assembly the foregoing bill, with the additional amendments proposed by that House agreed to by the Council, and a further additional amend- ment proposed by the Council to the said bill.
Mr. Read reported the delivery thereof, according to order, to the House of Assembly.
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On motion, by order,
The bill for raising [22,500 for the service of the year 1783, was read the third time, by paragraphs, and, upon the motion and question, "Whether the power of collection shall be vested in one person in each county, he to be accountable in the Audi- tor's office by rendering his accounts . there of collection on or before the 20th day of January and roth day of April next, and finally accounting there on the said Ioth day of April, paying in the meantime to the State Treasurer, on the Ist days of Decem- ber and March next, the several proportions directed to be raised in each county, thereby changing the mode of collection from the collectors of hundreds and their account and payment to the County Treasurer, and by him to the State Treasurer," the Council determined in favor of the question.
Whereupon Mr. William Polk required the yeas and nays on the above question. They are as follows:
For the question-Messrs. Read, Bassett, Grantham, and Ban- ing.
Against it-Mr. William Polk, and Mr. Joshua Polk.
Then the Council proceeded in the further consideration of the said bill, and divers other amendments were proposed, agreed to and ordered to be sent to the House of Assembly, for their con- sideration and concurrence, together with the said bill, by Mr. Bassett; who reported the delivery according to order.
Mr. James, a member of the House of Assembly, attending, was admitted and delivered to the Chair the report of the com- mittee of the House of Assembly upon the memorials of Capt. Moore and Doctor Tilton, and the petition of Ginnethan Harney, formerly a lieutenant in the Delaware Regiment, together with a resolution of the House of Assembly for issuing a certificate to Ginnethan Harney.
Mr. Ridgely, a member of the House of Assembly, was ad- mitted and delivered to the Chair the bill for raising {22, 500 for the service of the year 1783, with the paper of amendments pro- posed thereto by the Council, disagreed to by the House of As- sembly except as to their first part of the 4th amendment.
Mr. Davis, a member of the House of Assembly, was admitted
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and delivered to the Chair the bill for auditing and arranging the accounts of this State, &c., and the further additional amend- ment proposed thereto by the Council acceded to by the House of Assembly, together with a further amendment proposed by the House of Assembly to the same bill; which, by order, was read, considered and agreed to. Upon the question being put, it was determined in Council unanimously that the blank in the bill for auditing and arranging the accounts of this State and for the more effectual settlement of the same, be filled up with the name of Eleazar McComb, Esquire.
Ordered, That the said bill, as amended and agreed to, be en- grossed.
Mr. Charles Polk, a member of the House of Assembly, was admitted and returned the report of the committee of Council to whom was referred the President's Message of the 14th June, 1783, accompanied with a letter from the Delegates of this State on the subject of the back lands, with an amendment proposed thereto by the House of Assembly.
Mr. Molleston, a member of Assembly, was admitted and de- livered an account of James Booth, Esquire, for public services done, against the Delaware State, amounting to £74 : 12 : 10, together with a resolution of the House of Assembly for the pay- ment of {24 : 12 : 10, the balance of the above account, to the said James Booth.
The same member also delivered to the Chair the account of Isaac Carty, Esquire, late Assistant Commissary of Purchases, amounting to [1997 : 18 : 4, together with a resolution of the House of Assembly for the payment of £500 to Isaac Carty, Esq.
On motion, by order,
The bill for preventing vexatious suits, &c., was read the second time.
Adjourned till to-morrow.
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SATURDAY, June 21, 1783.
The Council met. Present the same members as on yesterday.
The bill for auditing and arranging the accounts of this State, &c., being engrossed, was read, compared and signed by the Speaker.
The Council now took into consideration such of the amend- ments as were proposed by them and disagreed to by the House of Assembly to the bill for raising {22,500 for the service of the present year, and receded from all so disagreed to except the proposed enacting clause in the 6th amendment, to which they adhered, and proposed a paper of further amendments to the same bill, which were agreed to, and ordered to be transcribed and sent to the House of Assembly, accompanied with the fol- lowing message, drawn up at the table, read and agreed to, viz :
Gentlemen :
We return your second Tax Bill for the present year, with our first paper of amendments, the most material of which you had disagreed to, and you will then discover, that the Council had receded from all those amendments so disagreed to, but the pro- posed enacting clause in the sixth amendment, which the Council consider as necessary to be adopted upon the principles and plan of the Auditor's Bill, which has received the concurrence of your honorable House. We send you also a second paper of amend- ments framed on the same principles, to prevent a contradiction in the provision of the two bills aforesaid as to the mode of ac- counting by the respective County Treasurers.
Gentlemen-Be assured, that we have withdrawn those amend- ments relative to the mode of collection and account of the State- tax, granted by this bill for the year, not from any alteration in our sentiments expressed in our message to your House of the fourth of February last, with respect to which you have held an awful silence. The framing of this second bill upon the plan of the first, without answering the reasons assigned by Council for their proposed amendments to substantial parts of the bill, is a mode of conducting business of legislation totally different from what the Council conceive to be parliamentary, or ever hereto-
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fore in practice in this State. The Council consider the delay of your honorable House, in taking up this subject of the annual supplies so late in the session, as an apology to the public and themselves, for assenting to the continuance of a plan of collec- tion of the State-tax as heretofore used, apparently inadequate and unproductive. As the Council must either recede from their well founded and unanswered amendments, or lose the supplies for the year, they have considered the first as the lesser incon- venience, because temporary, and may be provided against in future.
Gentlemen of the House of Assembly-We cannot here omit taking notice of a further striking fact in support of our proposed alteration in the plan of collection and account of the State-tax which has been afforded since our former message on this subject, that is the total silence of the several persons to whom the reso- lutions of the General Assembly, passed the thirty-first January, 1783, were addressed and delivered, respecting the collection and account of the State-tax of the year 1781, particularly the County Treasurers, who were to be the first and principal actors under those resolutions, two of whom are members of your hon- orable House.
Ordered, That Mr. Bassett return to the House of Assembly the said bill, with the paper of further amendments proposed thereto by the Council, and the foregoing message; and that he also deliver the Auditor's bill, engrossed and signed by the Speaker, with the original bill, for comparison, and in order to be signed by the Speaker of the House of Assembly.
Mr. Bassett reported the delivery thereof according to order.
The Council took into consideration the amendment proposed by the House of Assembly to the instructions proposed by the Council to the Delegates from this State to the Congress of the United States, and agreed to the said proposed amendment, and the same, as was agreed to by both Houses, are as follows:
INSTRUCTIONS FROM THE GENERAL ASSEMBLY OF DELAWARE TO THE DELEGATES OF THE SAID STATE TO THE CONGRESS OF THE UNITED STATES OF AMERICA.
Gentlemen :
Yours of the eleventh instant to the President of this State, accompanied with the report of a committee of Congress on the
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act of the Legislature of Virginia of the second of January, 1781, respecting the cession offered by that State to the United States, of all the lands northwest of the River Ohio, was laid before us, and after full consideration and deliberation had upon the premises, we are decidedly of opinion, that this State is justly entitled to a right, in common with the other members of the Union, to all that extensive tract of country which lies to the westward of the frontiers of the United States, the property of which was not vested in, or granted to, individuals at the commencement of the present war; or which hath been, or may hereafter be, gained from the King of Great Britain, or the native Indians, by the blood and treasure of all, and ought therefore to be a common estate, to be granted out on terms beneficial to the United States.
We are the more strongly impressed with these sentiments, because well assured, that every idea held out to the public, on paper or otherwise, at the commencement of the late war, was diametrically opposite to the acceptance by the other States, of the cession now proposed.
Why is this partial cession proposed, and that too, wonderfully fetterred ?
The States are, or are not, entitled to their proportional part of the lands in dispute. If entitled, then the accepting of what is proposed is, must and will be hereafter, considered a clear dereliction of their right to the residue.
We apprehend the considering of these lands as the now in- disputable right of the United States in common, and hereafter to be granted out on terms beneficial to the whole, is so plainly consistent with justice and so indispensibly essential to the future peace and welfare of the Union, that we feel ourselves not a little alarmed at such a seeming disinclination, which too evidently appears in our sister State, in giving up what justice so loudly demands front her.
We judge this business to be of the first magnitude-deeply interesting to us and our posterity; and for cogent reasons, we conceive no time should be lost in bringing it to a conclusion; and we expect and desire, that you will positively assert the claim of this.State, in common with the other States, to all the lands to the westward of the frontiers of the United States as above ex- pressed.
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And that if any particular doubts or difficulties present them- selves to your minds on the above question, supposing the ground thereof should be changed, or on any other question of great moment agitated, or likely to be soon controverted in Congress, you will communicate them fully to the President of this State,. that he may be enabled to judge of the expediency of convening the Legislature and taking their sense thereon for your further direction.
On motion, by order,
The resolution for erecting a tombstone over the grave of Col. Haslet, was read the first time.
By special order, the same was read the second time, concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, A. M., June 18, 1783.
"The House having taken into consideration that part of the "message from his Excellency, the President, of the thirteenth "instant, recommending that something monumental be erected "at the place of interment of the body of Colonel John Haslet, "who nobly fell in the defence of the freedom of America,
"Resolved, That the Delegates from this State to Congress be "empowered to cause a tombstone to be erected over the grave "of the deceased, at the expense of this State, with such inscrip- "tion thereon as they shall think proper, expressive of the high "esteem this State entertains for the memory of that worthy "citizen and patriot; and that the President be empowered to "draw his order on the State Treasurer for any sum not exceed- "ing twenty pounds to defray the expense thereof.
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
On motion, by order,
The resolution of the House of Assembly founded on the re- port of the Committee of Accounts on the accounts of Peter White, was read and concurred in.
On motion, by order, 106
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The resolution of the House of Assembly for the payment of £75 to Wm. Peery, Esq., was read and concurred in.
On motion, by order,
The resolution for the payment of £24 : 12 : 10 to Jas. Booth, Esquire, was read and concurred in.
On motion, by order,
The resolution for issuing a certificate to Ginnethan Harney, was read and concurred in.
Ordered, That Mr. W .. Polk return to the House of Assembly the several foregoing resolutions, concurred in severally by the Council, together with the several accounts on which the said resolutions are respectively founded; and that he also deliver to that House the instructions of the Council to the Delegates in Congress, with the amendment proposed thereto by the House of Assembly agreed to by the Council.
Mr. Polk reported the delivery according to order.
Mr. James, a member of the House of Assembly, was admitted and delivered to the Chair a resolution appointing a committee to adjust the Loan Office accounts of Kent so far as respects Mr. Vining's estate.
The same member also delivered a resolution for the payment of {200 to James Adams, printer, accompanied with his petition.
The same member also delivered a resolution for ascertaining the allowance to the Delegates to Congress, founded on the reso- lutions of the last sitting, as amended by Council and agreed to by the House of Assembly.
The same member also delivered to the Chair a resolution appointing commissioners for establishing the line of jurisdic- tion, &c.
Mr. Clayton, a member of Assembly, was admitted and deliv- ered to the Chair a resolution directing the State Treasurer to discharge the balance due on Robert Morris', Esq., bond.
On motion, by order,
The resolution appointing a committee to adjust the Loan
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Office accounts of Kent County so far as respects Mr. Vining's estate, &c., was read and concurred in.
And thereupon the Council have appointed, on their part, John Cook, Esq., to join with the committee of the House of Assem- bly in the business above mentioned.
On motion, by order,
The petition of James Adams, printer, and the resolution of the House of Assembly for the payment of {200 to the said Jas. Adams, were read and concurred in.
On motion, by order,
The resolution for ascertaining the allowance to the Delegates in Congress, was read, concurred in, and is as follows, viz:
"IN THE HOUSE OF ASSEMBLY, "SATURDAY, June 21, 1783.
"WHEREAS it is necessary that the allowance to the Dele- "gates, from this State to the Congress of the United States of "America, be fixed and ascertained, and that a regular represen- " tation of this State in Congress be kept up in future; therefore
"Resolved, That each of the Delegates from this State to Con- "gress, for the present year, be allowed the sum of four dollars "per day, for every day they attend in Congress; provided that "such attendance be regular, so that a representation be kept up "in Congress.
"Resolved also, That the President or Commander-in-Chief of "this State, upon each Delegate's producing an account of his "monthly attendance as aforesaid, be and he hereby is author- "ized to draw an order on the State Treasurer, indorsed on such "account, for the payment of the same, which account, order "and receipt, shall be a sufficient voucher for the Treasurer in "settlement of his account.
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
On motion, by order,
The resolution appointing commissioners for establishing the line of jurisdiction, &c., was read, concurred in, and is as follows:
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" IN THE HOUSE OF ASSEMBLY, "THURSDAY, P. M., June 19, 1783.
" On motion,
"Resolved, That the Delegates from this State to the Congress "of the United States, for the time being, or any two of them, "be and are hereby appointed Commissioners, on the part of this "State, to join with such Commissioners as are, or may be ap- "pointed by the States of Pennsylvania and New Jersey, for the "purpose of settling and establishing the line of jurisdiction be- "tween Delaware, Pennsylvania and New Jersey, and for ascer- "taining and establishing the right of this State to the islands in "the Bay and River of Delaware.
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
On motion, by order,
The resolution directing the State Treasurer to discharge the balance due on Robert Morris', Esq., bond, was read and con- curred in.
On motion, by order,
The resolution of the House of Assembly for the payment of 4500 to Isaac Carty, Esq., was read and disagreed to.
Ordered, That Mr. Joshua Polk return. the several foregoing resolutions (except the last mentioned, which was disagreed to), with the concurrence of the Council respectively thereto.
Mr. Polk reported the delivery according to order.
Mr. Charles Polk, a member of the House of Assembly, was admitted and delivered to the Chair the bill for arranging the accounts of this State, with the original.
The same member also delivered the bill for raising {22,500 for the service of the year 1783; the supplementary act to the act for ascertaining the pay accounts of divers persons in the several departments of the army, &c .; the bill to authorize the Delegates of the Delaware State to ratify the alteration of the 8th Article of the Confederation, &c .; the bill for repealing part of
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an act for ascertaining the allowance to the members of the Gen- eral Assembly, &c .; the bill to invest Congress with the power to levy duties upon all goods, &c .; and also the bill for repealing part of an act entitled "An act to prevent the sales of lands, goods, &c., by virtue of executions," respectively engrossed and signed by the Speaker of the House of Assembly, together with a resolution for affixing the Great Seal to the said bills, and a message from the House of Assembly to the Council.
On motion, by order,
The foregoing bills were read, compared, and ordered to be respectively signed by the Speaker of the Council; which was accordingly done.
On motion, by order,
The resolution for affixing the Great Seal to seven laws passed the 21st June, 1783, was read, concurred in, and is as follows, viz:
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, June 21, 1783.
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