USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 13
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37
"On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of the State to the following laws, to wit :
"I. 'An act to invest the Congress of the United States with "the power to levy duties upon all goods, wares, and merchan- "dise imported into this State from beyond the seas, for a limited "time, and to establish a fund for the payment of the interest "arising on the public debt;'
"2. 'An act for repealing part of an act entitled 'An act for "ascertaining the allowance to members of the General Assem- "bly, and for other purposes,' passed at New Castle, the twelfth "day of February, one thousand seven hundred and eighty-one;'
"3. 'An act to authorize the Delegates of the Delaware State "to subscribe and ratify the alteration of part of the Eighth " Article of the Confederation and perpetual Union between the "United States of America, as agreed to in Congress on the "eighteenth day of April last;'
"4. 'An act for the repeal of part of an act entitled 'An act
--
-
1
la nel
P
0
846
MINUTES OF THE COUNCIL OF
"to prevent the sales of lands, goods, and chattels, by virtue of "execution, in certain cases, for a limited time, and for other " purposes;'
"5. 'An act for the auditing and arranging the accounts of "this State, and for the more effectual settlement of the same;'
"6. 'A supplement to an act entitled 'An act for ascertaining "the depreciation of the pay accounts of divers persons in the "several departments of the army who are credited to this State "as part of the quota of the land forces thereof, and for other "purposes;'
"7. 'An act for raising twenty-two thousand five hundred "pounds for the service of the year one thousand seven hundred "and eighty-three.'
"JAMES BOOTH, Cl'k of Assembly.
"Sent for concurrence."
Mr. Duff, a member of the House of Assembly, was admitted and delivered to the Chair a resolution of the House of Assem- bly for the payment of {29 to the President, with an order, signed by the Speaker of the House of Assembly, for that pur- pose, and also an order in favor of James Adams, printer, for £200, signed as above.
On motion, by order,
The resolution for the payment of {29 to the President, was read, concurred in, and is in these words, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, June 21, 1783. "On motion,
"Resolved, That his Excellency, the President, be allowed the "sum of twenty-nine pounds for the purpose of defraying his "expenses during his attendance on the General Assembly at "the present sessions.
"JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
.
卡
D
847
THE DELAWARE STATE, 1783.
Whereupon the order above mentioned, in favor of the Presi- dent, and that in favor of James Adams, were respectively signed by the Speaker.
Ordered, That Mr. Polk return to the House of Assembly the foregoing bills, respectively signed by the Speaker of the Coun- cil, together with the resolution for affixing the Great Seal to the said bills, and the resolution for the payment of £29 : 0 : o to the President, with the concurrence of the Council severally thereto.
Mr. Polk reported the delivery according to order.
Then the Council took into consideration the per diem wages and mileage of their Members and Clerk, incurred at their pre- sent meeting, and the following accounts were allowed, viz :
To the Hon. John Cook, Esq., Speaker, No. I, . £ 27 II O To George Read, Esq., No. 2, . 18 13 6
To Isaac Grantham, Esq., No. 3, . 20 9 6
To John Baning, Esq., No. 4, . 17 10 0
To Richard Bassett, Esq., No. 5, 21 I7 6 To Joshua Polk, Esq., No. 6, 19
2 0
To William Polk, Esq., No. 7, . 12 IO 6
To Benjamin Vining, as Clerk of the Council, No. 8, 25 2 6
To Mrs. Eliza Battell, for the hire of her room, No. 9, 5 00
£ 167 16 6
Whereupon
Ordered, That the Speaker draw orders on the State Treasurer in favor of the respective persons above mentioned for the pay- ment of the sums annexed to their names respectively.
Which was accordingly done.
Then the Council adjourned to the 30th day of September next.
-
in nl
٢
г
MINUTES OF COUNCIL.
OCTOBER, 1783.
107
МОИПОЭ ЧО 2ATUMIM
NOTES AND FR
MEMBERS' NAMES.
-
NEW CASTLE COUNTY :
ISAAC GRANTHAM, GEORGE READ, THOMAS MCDONOUGH. KENT COUNTY : RICHARD BASSETT, JOHN BANING, CAESAR RODNEY, Speaker.
SUSSEX COUNTY :
WILLIAM POLK, JOHN COLLINS, JOSHUA POLK.
OK 8.52
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a meeting of the Legislative Council for the Delaware State, held at Dover, for the said State, on Monday, the 20th day of October, Anno Domini, 1783,
A sufficient number of the members not having met to form a quorum on that day, they adjourned from day to day until Saturday, the 25th of the same month, when these appeared, as follows:
For New Castle County - Isaac Grantham, George Read, Thomas McDonough.
For Kent County-Richard Bassett, John Baning, Cæsar Rod- ney.
And the said members being so met in Council, certain inden- tures, certifying the election of Thomas McDonough, a member of the Council for the County of New Castle, and Cæsar Rodney, a member of the Council for the County of Kent, were respec- tively produced and read, whereby it appeared to the Council that they were severally duly elected to represent the said Coun- ties as members of the Legislative Council of the Delaware State, at the last annual election held in the Counties of New Castle and Kent, on the first day of this instant, October, for three years next ensuing the said election.
The Council proceeded to the choice of a Speaker, and the Honorable Cæsar Rodney, Esquire, was unanimously chosen.
The Council then proceeded to the choice of a Clerk, and a letter from Benjamin Vining, Esq., the late Clerk, being read,
1
20/10320009 OVA 2ATOV
T
9
1
852
MINUTES OF THE COUNCIL OF
mentioning his desire to decline that service, James Sykes, Esq., was unanimously chosen Clerk of this House.
On motion, the Council adjourned to Monday morning, 10 o'clock.
MONDAY, 27th October, A. M.
Council met. Present all the members who appeared on Sat- urday last.
The Speaker, in the Chair, took the oath prescribed by the Constitution, and subscribed the declaration of faith therein re- quired, and Thomas McDonough, Esquire, took the said oath and subscribed the declaration .**
James Sykes, Clerk of the Council, took the said oath and subscribed the declaration, and also took the oath of office .*
William Polk, Esq., a member of Council for Sussex County, appeared in the House and took his seat.
Joshua Polk, Esquire, also appeared in the House, and at the same time was delivered to the Chair an indenture, certifying that the said Joshua Polk, in the said indenture returned by the Sheriff, Inspectors and Freeholders of Sussex County, was elect- ed in the present year for said county by a majority of such votes as the Inspectors of the several hundreds in the said county of Sussex, or a majority of them, adjudged to be legal votes.
On motion, ordered to be left under consideration until to- morrow.
Mr. Bassett prays leave of absence, to attend the Supreme Court of Sussex County, for a few days, which is granted.
Adjourned to 10 o'clock to-morrow morning.
* See notes on pages 10 and 11.
853
THE DELAWARE STATE, 1783.
TUESDAY, 28th, A. M.
Council met. All the members present who attended yester- day, except Mr. Bassett.
The Speaker laid on the table sundry petitions and remon- strances, signed by a number of the inhabitants of Sussex County, and one petition, signed by a number of the inhabi- tants of Kent County, delivered him by a member of the House of Assembly, complaining of irregularity in conducting the last annual elections in those counties.
On motion, ordered that the same be read; which was done accordingly.
On motion, by special order, the petition from Kent County was read a second time. The whole referred to further consid- eration.
Adjourned to three o'clock this afternoon.
EODEM DIE, P. M.
Council met and resumed the consideration of the petitions last mentioned, and after some time spent thereon, ordered that sub- ponas shall issue for James Raymond, Esq., Col. Charles Pope, James Vandyke, Joseph Meredith, William Pope, Benj. Stout, William Jordon, Thomas Collins, Esquire, John Clayton, Esq., James Newnam, Joseph Harper, Thomas Skillington, Samuel Freeman, Geo. McCall, Josephi Taylor, Henry Gilder and Curtis Crumpton, commanding their appearance before this House on Tuesday, the fourth day of November next, to be examined touching the complaint exhibited in the said petition from Kent County, and that a copy of the said petition be made out by the Clerk and delivered to John Clayton, Esquire, High Sheriff.
Ordered also, That subpoenas shall issue for such persons whose
Test
854
MINUTES OF THE COUNCIL OF
names are written on the back of the petitions and remonstrances from Sussex County, to wit: Rhodes Shankland, Esquire, John Wiltbank, Esq., Thomas Duncan (Constable), Thomas Higman, Richard Hays, Thomas Fisher, Jr., John Burton, son of Benja- min, Zadock Lindal, Charles Polk, Francis Johnston, Alexander Laws, Esq., David Polk, Esq., John Laws, Esq., Evan McIvan, William Sharp, Ely Spicer, Doct. Clement Polk, Seth Griffith, Nathaniel Waller and Benjamin Burton; and also for such per- sons as were judges and clerks at the election of that County, to wit: Richard Hayes, Junior, John Willis, Joseph Bradley, Levin Vaughn, John Bacon, Robert Stephenson, Peter Marsh, Somerset Dickinson, Jonathan Nottingham and Mills Harney, commanding their attendance, respectively, before this House on Thursday, the sixth of November next, to be examined and answer touching the complaints represented in said petitions and remonstrances from said county; and that one copy of a petition and one of a remonstrance be made out by the Clerk and sent into that county.
Ordered, That Mr. Speaker sign the subpænas above men- tioned.
Ordered also, That Mr. Speaker issue subpoenas for such persons as may be wanted to attend and give evidence on the investigation of the subject matter of the above petitions con- cerning the elections of those counties, upon application made to him by any person or persons concerned for that purpose, returnable, those for Kent on Tuesday, the fourth of November next, or the day following; those for Sussex on Thursday, the sixth of the same month, or any day following in that week.
Then the Council appointed James Newnam Sergeant-at-Arms, and ordered that Mr. Speaker shall appoint a Deputy, to act in his stead, in case of necessary absence.
Adjourned to Tuesday, 4th November, at 10 o'clock in the morning.
---
855
THE DELAWARE STATE, 1783.
TUESDAY, November 4th, A. M.
Council met according to adjournment. All the members present, except Messrs. Bassett, Wm. Polk, and Collins.
On motion, ordered
That the doors of this House shall be set open during the inquiry into the validity of the elections of Kent and Sussex.
On motion, ordered
That the several depositions and examination of witnesses that shall appear before this House concerning the said elections shall be taken in writing by the Clerk.
James Newnam appointed Doorkeeper during the present sitting.
The several subpoenas issued for sundry persons in the County of Kent, therein mentioned, were now returned by Stephen Alston, Deputy Sergeant-at-Arms, and by him duly certified that he had served them upon each person respectively.
Adjourned till three o'clock, P. M.
EODEM DIE, P. M.
Council met and proceeded to the examination of such wit- nesses as appeared who were signers of the petition concerning the election of Kent County, and took the same in writing, agreeable to the above order.
On motion, adjourned till to-morrow morning, 10 o'clock.
C
السور - الك
856
MINUTES OF THE COUNCIL OF
WEDNESDAY, November 5th, A. M.
Council met. Present all the members who appeared yester- day, and resumed the examination of witnesses, and made some progress therein, and adjourned till 3 o'clock this afternoon.
EODEM DIE, P. M.
The Council met.
Mr. William Polk, a member of Council, appeared in the House, and made an apology for his non-attendance at the first meeting of this House, which was accepted.
The House continued the examination of witnesses on the pe- tition from Kent County.
Mr. Collins, a member of Council, appeared in the House and took his seat.
Adjourned to ten o'clock to-morrow morning.
THURSDAY, 6th November, A. M.
Council met. Present all the members.
Mr. Bassett, who had been absent during the present sitting of the House at Sussex Supreme Court, now gave the reasons for his not sooner attending, which were accepted.
The several subpoenas issued for sundry persons of the County of Sussex, therein mentioned, were returned to this House by
028
1
857
THE DELAWARE STATE, 1783.
James Newnam, Sergeant-at-Arms, and by him duly certified that he had served them upon each person respectively.
Adjourned to three o'clock, P. M.
EODEM DIE, P. M.
Council met.
Seven petitions, signed by a great number of the inhabitants of Kent County, complaining of the violent proceedings of some persons at the last general election in carrying off the box con- taining the votes then remaining to be read at one of the polls, were read.
Ordered to lie on the table.
Council then proceeded to examine witnesses from Sussex County on the subject matter of the general election of that County, and made some progress therein.
Adjourned to ten o'clock to-morrow morning.
FRIDAY, 7th November, A. M.
Council met. Present all the members.
Continued the examination of witnesses from Sussex County on the petitions presented to Council from that county, and made some progress therein.
Adjourned till three o'clock this afternoon.
108
7
0
858
MINUTES OF THE COUNCIL OF
EODEM DIE, P. M.
Council met and went into the same inquiry.
Adjourned till nine o'clock to-morrow morning.
SATURDAY, 8th November, A. M.
Council met. Present all the members.
Continued the examination of witnesses from Sussex County.
The question was put, after the subject was debated, whether Isaac Conway, a person who had been indicted for high treason in the County of Sussex, and afterwards pardoned by an act of Assembly for the relief of divers persons concerned in the late insurrection in said county, passed November 4th, 1780, should be admitted to give evidence to Council upon the subject matter of the election of that county, the said person having complied with the terms of said act, and it passed in the affirmative.
On motion, that the yeas and nays should be entered on that question, it was ordered accordingly, and they are as follows, viz:
For the affirmative - George Read, Richard Bassett, John Baning, Thomas McDonough, Isaac Grantham.
For the negative-William Polk, John Collins.
Council adjourned to 10 o'clock Monday morning.
-
MONDAY, 10th November, A. M.
Council met. Present all the members, except Mr. Polk and Mr. Collins, and continued the examination of witnesses from Sussex County.
Adjourned to three o'clock this afternoon.
5
V
7
859
THE DELAWARE STATE, 1783.
EODEM DIE, P. M.
Council met. Same members appeared as in the morning.
Continued the examination of witnesses from Sussex County.
Mr. William Polk appeared, represented to the House that one of his children was very ill, which had occasioned his delay, and hoped the excuse of the House for that reason. He is there- fore excused.
Adjourned to 10 o'clock to-morrow morning.
TUESDAY, IIth Nov., A. M.
Council met. Continued the examination of witnesses from Sussex County.
Adjourned to three o'clock this afternoon.
EODEM DIE, P. M.
Council met. Continued the examination of witnesses from Sussex County.
Mr. Joshua Polk was now admitted to take and subscribe the oath prescribed by the Constitution, and to take his seat in Council as a sitting member until Council shall decide upon the legality of the election for the County of Sussex.
Council adjourned to 10 o'clock to-morrow morning.
12
860
MINUTES OF THE COUNCIL OF
WEDNESDAY, 12th November, A. M.
Council met. Present all the members.
Continued the examination of witnesses from Sussex County. Adjourned to three o'clock this afternoon.
POST MERIDIAN.
Council met. Present the same members.
Proceeded to examine witnesses from Sussex County.
Council adjourned to 9 o'clock to-morrow morning.
THURSDAY, 13th November, A. M.
Council met. Present same members as before.
On motion, that Council go into the consideration of the Kent petition at 4 o'clock this afternoon, it was thereto agreed.
Adjourned until 4 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members.
The petition from Kent County respecting the annual election of that county, and the testimony respecting the same, was taken
C
THE DELAWARE STATE, 1783. 861
into consideration, and the debate upon the same was further postponed until to-morrow.
Council adjourned to 9 o'clock to-morrow.
FRIDAY, November 14, A. M.
The Council met according to adjournment, and adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members.
And now the Council resumed the consideration of the petition from Kent County, praying that the election had on the first day of October last should be set aside, together with the testimony produced and heard by the Council to the same election.
And thereupon the Council resolved unanimously as follows, to wit:
I. That no evidence whatsoever hath been given to support the charge that one of the Inspectors changed a vote delivered to him by an elector.
2. That no evidence hath been given that any Inspector did swear that such particular men should be carried, but one in- spector, to wit: Samuel Wilson, of Duck Creek Hundred, did imprudently say that a parcel of tickets which he held in his hand should or would go, declaring they were good whig votes. That said Wilson was in liquor at time.
3. That as to the charge that a number of non-jurors and per- sons otherwise disqualified to vote were admitted to vote; it ap-
862
MINUTES OF THE COUNCIL OF
pears, by the testimony of Joseph Meredith, that a James Max- well should have told him that he had voted though he had not taken the oath of fidelity; and that it further appears as well by the said inspector Wilson's testimony as also by his list of voters at the said election that he (Wilson) received Maxwell's vote as a good vote, that Maxwell, although summoned to attend the Council, hath neglected so to do for the ascertainment of the fact of his being a non-juror, but that no other testimony was given of admitting other non-jurors or other disqualified persons to vote.
4. That no evidence whatsoever hath been given of adminis- tering the oath of fidelity to the State to any disaffected persons on the morning of the election.
5. That it appears by the evidence that about one or two o'clock in the morning of the 2d of October last, while the judges of the election were employed in reading off the received votes out of the box into which all the votes had been put and mixed, a person by the name of Conner did forcibly take and carry off the said box containing in it the remaining uncounted votes or tickets.
6. That it appears by the evidence that one of the polls or tal- lies, kept by John Pearce (one of the appointed clerks) contain- ing the number of votes for Counsellor and Assemblymen was taken up by Judge Collins and saved from an attempt made by a James Frazer to seize it. That the same"was in Judge Collins' sole possession for about ten minutes, after which he delivered it to the Sheriff and inspectors. That the other poll for Counsellor and Assemblymen was in the sole possession of the Sheriff, he. taking up from Mr. Stout, the other clerk, upon the seizing and carrying off the box. That at the same time one of the polls or tallies kept of the votes for the candidates for Sheriff and Coron- er's office was taken up and secured by George Cummins, the under-Sheriff, and by him immediately delivered to the Sheriff. That the other poll or tally for Sheriff and Coroner was seized and carried off by a certain Isaac Griffin, of Duck Creek Hun- dred. That upon the examination and comparison immediately made after the return of Judge Collins of the two polls or tallies for Counsellor and Assemblymen the number tallied off in each of these two polls corresponded.
7. That it appears, as well by verbal testimony as by the lists
1
1
n
£
863
THE DELAWARE STATE, 1783.
and tallies kept by the clerks appointed for that purpose, that the whole number of the votes or tickets received at the said election, put into the said general box, amounted to seven hun- dred and fifty, and the number of the said tickets read off from the said box amounted to six hundred and sixty-seven.
8. That it appears by the tesiimony and lists last aforesaid, as also by the Sheriff's, inspectors' and freeholders' indenture, re- turned to this House, that Cæsar Rodney, Esquire, the candidate for the vacant seat, in the County of Kent, in this present year, and the returned member, had six hundred and sixty-five votes of the said number so read off.
9. That it appears by the evidence that the other two votes were for persons ineligible, to wit: Thomas Collins, Esquire, Chief Justice of the Common Pleas, and Richard Bassett, Es- quire, already a member of this House.
10. That it appears by the evidence that several persons' names, annexed to the said petition, particulalry those of Samuel Griffin, Enoch Jones and Alexander Worknot, were not subscri- bed by themselves or by their order.
II. That it appears by the evidence that Isaac Griffin, whose name is annexed to the said petition, conducted himself in a very unbecoming, disorderly manner during the time the said votes were reading off, in the presence of the judges of the election, and from his conduct immediately on Conner's taking the box, induce the Council to believe he was privy to Conner's intention of taking it.
12. That it appears by the evidence that one other of the petitioners, Thomas Cummerford, had knowledge of such an attempt being to be made, before it was carried into execution.
And thereupon it was unanimously adjudged by the Council that Cæsar Rodney, Esquire, the returned member of this House for the County of Kent, this present year, was duly elected.
On motion, ordered
That the consideration of the petition and remonstrance, com- plaining of irregularity in conducting the last general election of Sussex County, be taken up at the meeting of Council to-morrow morning.
Council adjourned to 10 o'clock to-morrow morning.
1
864
MINUTES OF THE COUNCIL OF
SATURDAY, November 15th, A. M.
Council met. Present all the members.
Agreeable to the order of the day, Council went into the con- sideration of the petition and remonstrance concerning the irreg- ularity of conducting the last general election of Sussex County, and praying that writs for holding a new election in that county may be directed, or such other measures for restoring the just rights and liberties of the people, preserving them forever invio- late, redressing their present and preventing future grievances, as may be most conducive and effectual to that important end, and after some time spent thereon, adjourned to three o'clock this afternoon.
EODEM DIE, P. M.
Council met. Present all the members, except Mr. Joshua Polk.
And now the Council resumed the consideration of the petition and remonstrance from Sussex County, together with the testi- mony produced and heard by the Council relative to the last general election held for that county, and after some time spent therein,
On motion, the following questions were put, viz:
1. Whether the fact alleged in the petition from Sussex, com- plaining that the petitioners, who had lately taken the oath of fidelity to the State, producing a voucher to the Justice at the tine, were refused to vote at the general election, for that the vouchers had not been sworn, appears to be proved to the satis- faction of this House?
Passed in the affirmative unanimously.
2. Whether the Inspectors refusing the said votes were war- ranted by law in so doing ?
Passed in the negative.
865
THE DELAWARE STATE, 1783.
On motion, that the yeas and nays should be entered on this question, it was ordered accordingly, and they are as follows, viz:
For the affirmative-Mr. William Polk, Mr. Collins.
For the negative-Mr. Read, Mr. Baning, Mr. Bassett, Mr. McDonough, Mr. Grantham.
3. Whether the fact alleged in the said petition, that some of the said Inspectors refused the votes of persons under age at the time of passing the law for the further security of the Govern- ment, in May, 1778, and who had taken the oath of fidelity to the State after three months from their coming of age, without producing a voucher, appears to be proved ?
Passed in the affirmative unanimously.
4. Whether such Inspectors were warranted by law in so doing ?
Passed in the negative.
On motion, yeas and nays on this question ordered:
For the affirmative-Mr. Collins.
For the negative -- Mr. Read, Mr. Baning, Mr. Polk, Mr. Bas- sett, Mr. McDonough, Mr Grantham.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.