USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 14
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Quest. Ist. Respecting the remonstrance from Sussex County: Whether the fact alleged in the remonstrance from Sussex Coun- ty, complaining that a number of officers and soldiers, lately in the pay of the Continent, and also one of the Inspectors and his clerk, appeared at the general election with swords, bayonets and clubs, and that said officers and soldiers uttered many menacing speeches to terrify the electors, and actually committed a most violent and outrageous riot in beating and abusing several per- sons, and also in beating and abusing a Constable, in the exe- cution of his office, who commanded the peace, and others, by means whereof many electors rode out of town without voting, appears to be proved to the satisfaction of this House ?
Passed in the affirmative.
On motion, ordered that the yeas and nays on this question be taken:
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For the affirmative-Mr. Read, Mr. Baning, Mr. Bassett, Mr. McDonough, Mr. Grantham.
For the negative-Mr. William Polk, Mr. Collins.
2d. Whether the fact alleged in the said remonstrance that several boys and persons under age were permitted to vote at the said election, appears to be proved to the satisfaction of this House ?
Passed in the affirmative.
On motion, the yeas and nays on this question ordered:
For the affirmative-Mr. Read, Mr. Baning, Mr. Bassett, Mr. McDonough, Mr. Grantham.
For the negative-Mr. William Polk, Mr. Collins.
3d. Whether the fact alleged in the said remonstrance that some persons, who had taken the oath of fidelity lately, by pro- ducing a voucher to a Justice of the Peace without the voucher being first sworn, were permitted to vote at said election, and others, who had taken the said oath of fidelity in the same manner, were not permitted to vote, appears to be proved to the satisfaction of this House?
Passed in the affirmative.
On motion, the yeas and nays on this question ordered:
For the affirmative -- Mr. Read, Mr. Baning, Mr. Bassett, Mr. McDonough, Mr. Grantham.
For the negative-Mr. William Polk, Mr. Collins.
4th. Whether the fact alleged in the said remonstrance that some persons, who were under age at the time of making the law for the further security of the Government, and had taken the oath of fidelity after the expiration of three months from the time of their coming of age, were permitted to vote at the said election, and others, circumstanced in the same manner, were not permitted to vote, appears to be proved to the satisfaction of this House ?
Passed in the affirmative unanimously.
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THE DELAWARE STATE, 1783.
WHEREAS it appears to this House, from the testimony deliv- ered on the petition and remonstrance aforesaid, that some of the Inspectors, who joined in certain rules for governing their conduct as to the receiving of votes, conducted that business in a manner different from those rules and different from the other Inspectors; therefore
Resolved, That the said election, held on the first day of Octo- ber last, was not freely, legally, and indifferently made, and it is adjudged by the Council, that Joshua Polk, in the indenture re- turned by the Sheriff, Inspectors, and Freeholders of the said County, as elected in the present year, for Sussex County, by a majority of such votes, as the Inspectors of the several Hun- dreds, in the said County of Sussex, or a majority of them, ad- juged to be legal votes, was not legally elected.
On motion, the yeas and nays on this resolution ordered:
For the affirmative-Mr. Read, Mr. Baning. Mr. Bassett, Mr. McDonough, Mr. Grantham.
For the negative-Mr. William Polk.
Mr. Collins, not being decided on this question, did not vote.
On motion, the question was now put,
Whether an order of the House should be now made for issu- ing writs for a new election in the County of Sussex for a member of the Legislative Council in the room of Joshua Polk, Esquire, whose election has been determined illegal ?
Passed in the negative.
On motion, the yeas and nays on this question ordered:
For the affirmative-Mr. William Polk, Mr. Collins.
For the negative-Mr. Read, Mr. Baning, Mr. Bassett, Mr. McDonough, Mr. Grantham.
Then the following accounts were allowed:
To the Honorable Cæsar Rodney, Esquire, Speaker, for his attendance, 18 18 0 To George Read, Esquire, for ditto and mileage, 17 12 6 To Isaac Grantham, Esquire, for ditto, 16 7 6
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To Thomas McDonough, Esquire, for attendance and mileage, . . £ 15 10 0
To Richard Bassett, Esquire, for ditto, 9 76
To John Baning, Esquire, for ditto, . 9 12 0
To William Polk, Esquire, for ditto, IO IO
To John Collins, Esquire, for ditto, 8 13 0
To Joshua Polk, Esquire, for ditto, . 6 12 0
To James Sykes, Esq., Clerk of the Council, 24 00
To James Newnam, Sergeant-at-Arms,
60 0 0
To Stephen Alston, Deputy Sergeant-at-Arms, 13 14 6
To Mrs. Elizabeth Battell, for the use of a room, fire- wood and candles, 12
Then the Council adjourned to the 5th January next.
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VOTES ARD
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MINUTES OF COUNCIL.
JAN .--- OCT., 1784.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSIONS, 1784.
JANUARY 5th, 1784.
The members of the Council for the County of Kent attended, but there not being a sufficient number from the other Counties to make a quorum, no business could be proceeded on.
On the 13th January, the following notification was delivered by the Speaker of the House of Assembly to the Speaker of the Council, to wit :
DELAWARE STATE,
IN THE HOUSE OF ASSEMBLY, January 13th, 1784.
WHEREAS from the particular situation of some of the absent members of this House, it is impracticable to proceed at this time in the decision of the controverted elections for the Counties of Kent and Sussex; it is therefore
Resolved, That this House adjourn, and it is hereby adjourned to Monday the 29th day of March next.
ROBERT BRYAN, Speaker.
For the HONORABLE CÆSAR RODNEY, Esq., Speaker of Council.
Thereupon the Council adjourned until Monday, March 29th, next.
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MINUTES OF THE COUNCIL OF
THURSDAY, April 8th, 1784.
A sufficient number of the members not having met to form a quorum on the 29th of March (the day to which the Council stood adjourned), those in attendance adjourned from day to day until Thursday, the 8th of April, when there appeared as follows:
For New Castle County-Isaac Grantham, Thomas MeDon- ough.
For Kent County-Richard Bassett, John Baning.
Who met at the house of the Honorable Casar Rodney, Esq., the Speaker, he being too much indisposed to attend at the usual place of meeting.
Mr. Molleston, a member of the House of Assembly, attend- ing, was admitted and delivered at the table a letter from the President of Congress, inclosing a resolution of that honorable body respecting the appointment of Delegates from this State to Congress; also a message and resolution of their House pro- posing that the General Assembly should meet forthwith, in the Council Chamber, to put in nomination persons to be balloted for to represent this State in Congress, which resolution follows in these words:
On motion, ordered,
That a message from the Council to the House of Assembly, on the foregoing resolution of their House, be drawn up at the table, which being done, Mr. Grantham is ordered to wait on the House of Assembly and deliver the same; which was done ac- cordingly, and follows in these words:
A MESSAGE FROM THE COUNCIL TO THE HOUSE OF ASSEMBLY. Gentlemen :
The Council received your message of this forenoon, and beg leave to suggest to your honorable House, previous to their transacting any business, that they conceive, as one of the Coun-
* This paper does not appear on the record.
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THE DELAWARE STATE, 1784. 873
ties of this State is unrepresented in Council, they therefore apprehend an impropriety in doing business until that represen- tation is had. However, as Council is disposed to do every thing in their power that may be thought to tend to promote the weal and happiness of their constituents, therefore, if your House conceive, under present circumstances, that legislative business can be transacted with propriety, they will not retard the same, but will meet your House forthwith, as is proposed. .
April 8th, 1784. CÆSAR RODNEY, Speaker.
A member of the House of Assembly, attending, was ad- mitted and informed the Council that the House of Assembly intended going on the business proposed in their message, and requested a meeting of both Houses for that purpose.
Which being agreed to by Council, both Houses met in the Council Chamber, and the following gentlemen were put in nomination for Delegates to Congress for this State: John Mc- Kinly, Esq., Thomas Rodney, Esq., Henry Latimer, Esq., John Vining, Esq., James Tilton, Esq., William Killen, Esq., Gunning Bedford, Jun., Esq., John Thompson, Esq., Samuel Patterson, Esq., Charles Ridgely, Esq.
Ordered, That both Houses proceed to ballot immediately; which being done, and the box containing the tickets examined by the Speakers of both Houses, and the votes taken down by the Clerks, it appeared that the following gentlemen were chosen by a majority of votes, viz: John Vining, John McKinly, Henry Latimer and Thomas Rodney, Esquires, and they were declared duly elected.
The members of the House of Assembly having withdrawn from the Council Chamber, on motion,
Resolved, That the Speaker shall issue his writ for holding an election in the County of Sussex for electing a member of Council for that county in the room of Joshua Polk, whose election, on the first day of October last, had been by Council declared void, at such time as the Speaker shall think proper.
Council adjourned to 10 o'clock to-morrow morning.
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FRIDAY, April 9th, A. M.
Council met. All the members present who attended yesterday.
Mr. James, a member of Assembly, attending, was admitted and delivered to the Chair a report of the Auditor of Accounts, representing that there was due to Thomas Montgomery the sum of £3: 18, for getting certificates printed for the use of the Auditors for settling the depreciation of the pay of the Delaware Regiments; and that there was due to James Adams, for printing, contracted for by John James and Thomas Kean, Esqrs., for the use of the State, the sum of {68 : 7 : 6, with orders drawn in favor of those persons, and signed by the Speaker of Assembly, and sent to Council for concurrence; which, being read, was agreed to, and the orders signed by the Speaker of Council.
Mr. Grantham delivered at the Council table certain resolutions of the House of Assembly, respecting the commissionating the members appointed to represent this State in Congress, and ascertaining their allowance, and certain resolutions of the said House for the payment of public debts (which had been delivered to him by Mr. Douglass, a member of Assembly) ; which being acted upon by the Council, was concurred in.
Then the Council allowed the following accounts:
To the Honorable Cæsar Rodney, Esq., Speaker, 12 days' attendance, £ 10 16 0 To Thomas McDonough, Esq., 6 days' attendance and mileage, . 5 50
To Isaac Grantham, Esq., for 4 days' attendance and mileage, 4 10 0
To James Sykes, Clerk, for his attendance, 5 00
To James Newnam, Sergeant-at-Arms, for attendance and riding express to New Castle, 5 66
To Thomas Black, for ringing the bell, I 17 6 Total, . £ 32 15 0
Then the Council adjourned to the 24th of May next, agree- able to a written intimation, directed to the Speaker of Assem- bly, that that House had adjourned to that time.
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THE DELAWARE STATE, 1784.
MONDAY, 24th May, 1784.
A sufficient number of the members not having met to form a quorum on that day, they adjourned from day to day until Tuesday, the 15th of June, when all the members met, except the Hon. Cæsar Rodney, Esq., Speaker, and Richard Bassett, Esq.
The Council -*
* Thus closes the record of the May session.
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MINUTES
OF THE
LEGISLATIVE COUNCIL OF
THE DELAWARE STATE,
HELD AT DOVER, WEDNESDAY, OCT. 20TH, 1784.
A sufficient number of the members not having met to form a quorum on that day, they adjourned from day to day until Mon- day, the 25th of the same month, when there appeared as follows:
For New Castle County-George Read, Thomas McDonough, George Craghead.
. For Kent County-Richard Bassett, Vincent Loockerman, Silas Snow.
For Sussex County-Henry Neill.
And the said members being so met in Council, certain in- dentures, certifying the election of George Craghead, Esq., a member of Council for the County of New Castle; and Vincent Loockerman, Esq., a member of Council in the room of Cæsar Rodney, Esq., dec'd, and Silas Snow, Esq., one other member, both for the County of Kent; and Henry Neill, Esq., a member of Council for the County of Sussex, were respectively produced and read, whereby it appeared to the Council that they were severally duly elected to represent the said Counties as members of the Legislative Council of the Delaware State, at the last annual election held in the said Counties of New Castle, Kent and Sussex, on the first day of this instant, October, for three years next ensuing the said election.
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THE DELAWARE STATE, 1784.
The Council proceeded to the choice of a Speaker, and the Honorable Thomas McDonough was unanimously chosen.
The members elected this present year took the oath pre- scribed by the Constitution and subscribed the declaration of faith therein required. [See note on page 10.]
On motion, Messrs. Read, Bassett and Craghead are appointed a committee to wait on his Excellency, the President, and inform him that Council had met, chosen their Speaker, and were ready to proceed on business, and desire to know if his Excellency had any to lay before them.
And Messrs. Snow and Loockerman are appointed a com- mittee to wait on the House of Assembly and inform them that Council were ready to receive and act upon any business that House may have to present.
These gentlemen, being returned, do report-the former, that they had waited on his Excellency, the President, and delivered the message committed to them, according to order, and that he was pleased to say that he had sent a message to the House of Assembly, which in due time would come before the Council ; the latter, that they had waited on the House of Assembly, had delivered the message committed to them, and were informed by the House that a message would be sent to Council in a short time.
Mr. Joshua Polk, a member of Council for Sussex County, now appeared in the House and took his seat.
Mr. Nixon, a member of Assembly, attending, was admitted and delivered to the Chair a resolution of that House, which, by order, being read, follows in these words:
IN THE HOUSE OF ASSEMBLY, MONDAY, P. M., Oct. 25, 1784.
On motion,
Resolved, That Mr. Nixon wait on the Council and propose to them that both Houses of the General Assembly meet in the Council Chamber, to-morrow at eleven o'clock in the forenoon, to put in nomination persons to be balloted for as Delegates to represent this State in the Congress of the United States of America from the first day of November next ensuing until the
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first day of November in the year one thousand seven hundred and eighty-five.
October 25th, 1784.
JAMES BOOTH, Cl'k of the Assembly.
Concurred in by Council.
JAMES SYKES, Cl'k of Council.
Ordered, That Mr. Joshua Polk wait on the House of Assem- bly with the above resolution, with the concurrence of Council thereunto;
Who, being returned, reported that he had waited on the House of Assembly and delivered the said resolution according to order.
On motion, the Rules of the Council, made and agreed to in the year 1776, were read.
On application of Mr. Bassett for leave of absence a few days to attend the Supreme Court of Sussex County, and the same being seconded, is granted, if Mr. Bassett should think his at- tendance there absolutely necessary.
Adjourned till 10 o'clock to-morrow morning.
TUESDAY, October 26th, A. M.
Council met. Present all the members. .
Mr. William Polk now appeared and took his seat in Council.
Both Houses of the General Assembly, having now met in the Council Chamber, proceeded to put in nomination gentlemen for Delegates in Congress, agreeable to the order of the day, and the following gentlemen were put in nomination, to wit: Gunning Bedford, Jr., Esq., John Vining, Esq , Samuel Patterson, Esq., Thomas Rodney, Esq., Doctor James Tilton, Major John Patton,
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THE DELAWARE STATE, 1784.
William Killen, Esq., John Thompson, Esq., John Jones, Esq., and Thomas Collins, Esq.
On motion, that five persons should be chosen to represent this State in Congress, and the question being put, it passed in the negative.
On motion, that four persons should be chosen for the purpose aforesaid, and the question being put, it passed in the affirmative.
On motion,
Resolved, That both Houses meet at four o'clock this after- noon, in the Council Chamber, to ballot for four Members of Congress, to serve from the first day of November next ensuing until the first day of November in the year 1785.
Then the two Houses separated.
Adjourned to 3 o'clock, P. M.
TUESDAY, 26th October, P. M.
Council met. All the members present.
Both Houses of the General Assembly met again, agreeable to the resolution of the forenoon, and proceeded to ballot for Mem- bers of Congress, and it appeared, upon casting up the votes, that the four following gentlemen were chosen by a majority of votes, and declared duly elected, to wit: John Vining, Gunning Bedford, Jun., Doct. James Tilton, and Samuel Patterson, Esqs.
Then the two Houses separated.
Council adjourned to 10 o'clock to-morrow morning.
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WEDNESDAY, October 27th, A. M.
Council met. Present all the members.
Adjourned to 3 o'clock, P. M.
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WEDNESDAY, October 27th, P. M.
Council met. Present all the members.
A petition, signed by Bertles Shea, a prisoner in the jail of Dover, representing that he is confined in the said jail at the suit of Messrs. Hugh Lennox and Company, merchants in Phila- delphia, for the debt of £450, which, with divers other large debts, he is become unable to pay; that he is willing to assign all his property, real and personal, whatsoever and wheresoever, to the use of his creditors, and prays that he may be relieved from his imprisonment upon such terms and conditions as the General Assembly shall think meet, was read.
Mr. Broom, a member of the House of Assembly, attending, was admitted and delivered to the Chair a bill entitled "A· sup- plementary act to the act entitled 'An act for the more easy and speedy recovery of small debts, accompanied with sundry peti- tions, signed by a great number of the inhabitants of New Castle County, and one petition, signed by some inhabitants of Sussex County, praying the jurisdiction of the Justices of the Peace within this State may be extended to determine debts for all sums not exceeding fifteen pounds.
On motion, ordered that the same be read; which was done accordingly.
Adjourned to 10 o'clock to-morrow morning.
THURSDAY, October 28th, A. M.
Council met. Present all the members.
On motion, the bill entitled "A supplement to an act for the more easy and speedy recovery of small debts," was read a second time.
Mr. Mitchell, a member of the House of Assembly, attending,
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THE DELAWARE STATE, 1784.
was admitted and delivered to the Chair a bill entitled "An act for the relief of Bertles Shea, a languishing prisoner in the jail of Kent County," accompanied with a petition, signed by the said Bertles Shea, in the same words of the petition read yester- day in Council.
On motion,
The consideration of the supplementary bill above mentioned is referred to a committee of three, to wit: Messrs. Bassett, Read and Neill, who are to report the amendments therein suggested to be made by Council.
Council adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members.
On motion, the bill for the relief of Bertles Shea was read.
Mr. Taylor, a member of the House of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act to increase the daily allowance of Grand and Petit Jurors," ac- companied with a petition, signed by sundry inhabitants of New Castle County, praying that some reasonable allowance may be made for the expenses of jurymen while in attendance upon that service. These papers were read.
On motion,
Resolved, That a committee of three be appointed to bring in a bill for the devising of the means of supplying the several offices of this State with public seals to authentic the acts of office where such seals are necessary to be annexed, as well with respect to such offices whose seals have heretofore been taken by the enemy, as others the devices of which seals may not be incon- formable to the independency of the State.
Whereupon Messrs. Read, William Polk and Snow were ap- pointed a committee for that purpose.
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Mr. Broom, a member of the House of Assembly, attending, was admitted and delivered to the Chair a message from his Excellency, the President of this State, accompanied with three letters from the Financier, of the 26th May, 14th June, and 12th October, 1784, and a letter from the Committee of the States, of the 2d August, 1784, with the ratification of the definitive treaty; which, by order, was read, as follows:
Gentlemen of the General Assembly :
The Secretary will lay before you sundry public letters, which I have received since the last meeting of the late General Assembly, to wit: One of the 2d of August last, from the Committee of the States, accompanied by a copy of the ratification of the definitive treaty of peace on the part of his Britannic majesty, exchanged with that on the part of the United States of America on the Ioth of May last, at Passy. On the final accomplishment of this important and interesting business, I take this early opportunity of presenting you my most hearty congratulations-an event which has placed these United States in the possession of liberty and independence, and secured to them a rank among the na- tions of the earth. The recollection of the unequal and arduous struggle lately endured by America, for the attainment of these important blessings, must call forth the most sincere gratitude to the Wise Disposer of human events, and kindle in the breast of every American a warm attachment to that illustrious ally who, from a wise and generous policy, exerted his national strength for our defence and support. Virtue, and a wise and just policy, will, I hope, in future, render us as illustrious in peace as we have been in war, and enable us as a nation to enjoy the extensive privileges and blessings tendered to us and our posterity by our present situation.
One of the 17th of the same month, from Thomas Barclay, Consul-General of these States, at Paris, with the arret of his Most Christian Majesty confirming the privileges which the ports of Dunkirk and Marseilles have for some time enjoyed, and for establishing l'Orient and Bayonne as free ports.
Two from the Financier-General and Mr. Purnel, on the sub- ject of the recovery from individuals of debts due, and effects belonging to the United States. I thought it my duty to inform Mr. Morris that such provision had been made by the Legisla- ture of this State, and that Congress had been furnished with the
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same; in consequence thereof I received his answer of the 14th of June last.
One of the 21st of last month from the State Treasurer, re- signing his appointment, under a late law to issue a certificate for interest due on monies loaned, and liquidated debts. I have been informed by that gentleman that he cannot transact the business, no provision being made for a clerk, either by Congress or the Legislature; and lest the good people of the State might be injured. I wrote Mr. Morris on the subject, in order that that objection might be speedily removed. By his answer, of the 12th instant, you will perceive the business is yet at a stand, and as the County Collectors are now in the execution of the duty as- signed them, unless the Legislature adopt some mode for certifi- cates to issue, the taxables who are entitled to them will be more distressed in payment of their taxes than is just, or was expected by the late General Assembly.
Gentlemen-As the public dispatches now laid before you will demand but a small share of your time, the remainder of it, I am convinced, will be devoted to an attention to the necessary and important objects of the internal concerns of the State. Among the many interesting matters which will claim your attention, I shall only point out the following: a law for establishing a militia within this State, which is the most natural and secure defence of a free republic, and is with great propriety and justness of senti- ment proposed and urged by our late worthy Commander-in- Chief in his memorable valedictory address; a proper regulation for the encouragement and introduction of trade; a law provid- ing for the naturalization of foreigners who may come among us; a more adequate provision to secure the inhabitants of the State from injury by sickly crews being landed; an amendment to the present mode of taxation; a regulation of water grist-mills, and a a revision and publication of the laws of the State.
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