USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 15
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NICHOLAS VANDYKE.
Dover, October 23, 1784.
Adjourned to ten o'clock to-morrow morning.
884
MINUTES OF THE COUNCIL OF
FRIDAY, October 29th, A. M.
Council met. Present all the members.
Mr. Bradley, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair a resolution of that House signifying their intention to adjourn to-morrow evening to some future day.
The committee appointed to prepare amendments to the sup- plementary bill to the act entitled "An act for the more easy and speedy recovery of small debts," now reported that they had essayed a draught of sundry amendments to the said supplemen- tary bill, which they laid on the table and submitted to the con- sideration of the House.
On motion, ordered that the said amendments be read; which was done accordingly.
On the question, "Whether the enacting clause in the amend- ment that the fees of office should be applied to the use of the poor in the respective hundreds where the Justice resides?" it passed in the affirmative.
On motion, the yeas and nays on the foregoing question were ordered, and are as follows:
For the affirmative-Mr. Neill, Mr. William Polk, Mr. Bassett, Mr. J. Polk, Mr. Loockerman.
For the negative-Mr. Read, Mr. Craghead, Mr. Snow.
The several amendments reported by the committee being agreed to, ordered that they be transcribed.
Adjourned to 4 o'clock, P. M.
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885
THE DELAWARE STATE, 1784.
EODEM DIE, P. M.
Council met. Present all the members.
On motion,
Ordered, That Mr. Craghead wait on the House of Assembly and deliver the supplementary bill to the act for the more easy and speedy recovery of small debts, with the paper of amend- ments proposed thereto by the Council, for the concurrence of that House.
Mr. Craghead, being returned, reported that he had delivered the said bill and amendments of Council according to order.
On motion, ordered
That the bill entitled "An act to increase the daily allowance to Grand and Petit Jurors," should have a second reading, which was done accordingly, and is referred to further consideration.
On motion,
The bill entitled "An act for the relief of"Bertles Shea, a lan- guishing prisoner in the jail of Kent County," was read a second time, and some amendments being proposed and made at the table, on motion,
Ordered, That Mr. Wm. Polk wait on the House of Assembly with the said bill and amendments, for concurrence of that House.
Mr. Smith, a member of the House of Assembly, attending, was admitted and delivered to the Chair a letter from Samuel Patterson, Esq., resigning the office of Continental Loan Officer for the Delaware State; resolutions of the House of Assembly respecting the issuing certificates for interest due on Continental Debts; a resolution for the payment of £3 to William Manlove, reported to be due to him by the Auditor for a musket and car- tooch box ; which, by order, were severally read. The resolu- tions, founded on the letter above mentioned, are as follows:
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IN THE HOUSE OF ASSEMBLY, FRIDAY, A. M., October 29, 1784.
WHEREAS it appears by letter from Samuel Patterson, Esq., the Continental Loan Officer of this State, that he desires leave to resign the trust assigned to him by an act of the Assembly of this State, entitled, "An act for raising twenty-three thousand six hundred and twenty-five pounds for the service of the year one thousand seven hundred and eighty-four," so far as the same relates to giving certificates for interest due on monies loaned to Congress and liquidated debts against the United States, which which resignation the General Assembly cannot accept ; but, in order to make the business as easy to Mr. Patterson as the nature of it will admit, and to accommodate it to the ease and conveni- ence of the inhabitants of the several counties of this State,
Resolved, That Samuel Patterson, Esq., Continental Loan Officer of this State, be, and he is hereby requested to appoint a deputy in each of the Counties of Kent and Sussex ; which dep- uties, when so appointed, are hereby declared to have the same powers to issue such certificates in the name of the said Samuel Patterson, as the said Samuel Patterson hath by the above reci- ted act of Assembly.
That the said Samuel Patterson transmit to his said deputies in the Counties of Kent and Sussex, true copies of his instruc- tions from the Superintendent of the Finances of the United States, on the subject of issuing the certificates for interest due as aforesaid, together with a written form of such certificates, for their government and direction in performing that business.
That in case the United States, in Congress asembled, do not make a reasonable compensation to the said Samuel Patterson and his deputies, for their trouble in performing the aforesaid ser- vice, that this State will make such compensation for the same as the General Assembly shall deem reasonable and just.
JAS. BOOTH, Cl'k of Assembly.
Sent for concurrence.
Adjourned to ten o'clock to-morrow morning.
887
THE DELAWARE STATE, 1784.
SATURDAY, October 30th, A. M.
Council met. Present all the members.
Mr. William Polk reported having delivered the bill for the relief of Bertles Shea to the House of Assembly according to order.
Mr. Revell, a member of the House of Assembly, attending, was admitted and delivered to the Chair the bill entitled "A supplement to the act for the more easy and speedy recovery of small debts," with the amendments proposed by Council thereunto, and to many parts of which the House of Assembly had disagreed, and amendments proposed by the House of As- sembly to those of Council.
On motion, Council resumed the consideration of the bill for enlarging the allowance to the Grand and Petit Jurors, and after some time spent therein, the same is referred to further consider- ation.
The letter from Samuel Patterson, Esquire, Continental Loan Officer, with the resolutions of the House of Assembly there- upon, were, by order, read the second time.
On motion, the question was put, "Shall the resolutions of the House of Assembly, founded on the letter of Samuel Patterson, Esq., be rejected ?" and it passed in the affirmative unanimously.
On motion, ordered,
That a committee of three be appointed to propose certain resolutions of Council respecting the subject of the letter of Samuel Patterson, Esq.
Whereupon Mr. Bassett, Mr. Read, and Mr. Snow are ap- pointed a committee for that purpose.
Council then took into consideration their amendments on the supplementary bill, &c.
On motion, the yeas and nays on the last clause but one in the supplementary bill to the act for the more easy and speedy re- covery of small debts, concerning the duties of the Justices on
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the said supplementary bill being done without fee or reward, the same were ordered, and are as follows:
For the affirmative-Mr. Neill, Mr. W. Polk, Mr. Loockerman and Mr. Bassett.
For the negative-Mr. Read, Mr. Craghead, Mr. Snow and Mr. J. Polk.
And Council being thus divided on the question, the Speaker gave his voice in the affirmative, and it passed that the said clause should be retained.
Adjourned to 3 o'clock, P. M.
SATURDAY, October 30th, P. M.
Council met. Present all the members.
On motion, ordered,
That Mr. Neill wait on the House of Assembly with the sup- plementary bill to the act for the more easy. and speedy recovery of small debts, with the amendments of Council, which had been returned by that House, many of them disagreed to by the same, and the amendments proposed by the Assembly to those of the amendments of Council, and inform the House of Assembly that Council adhered to their several amendments, except the last, from which they had receded, and that Council disagreed to the amendment of the House of Assembly on one of the amend- ments proposed by Council.
Mr. Neill, being returned, reported that he had delivered the bill and amendments last mentioned to the House of Assembly, according to order.
On motion, the report of the Auditor of Accounts respecting the sum of £3 being due to William Manlove, and the resolution of the House of Assembly thereon, was read a second time and concurred in by Council.
Moody
THE DELAWARE STATE, 1784. 889
Ordered, That the Speaker sign the order drawn in favor of ' said William Manlove, sent with the above mentioned papers ; which was done accordingly.
On motion, ordered,
That Mr. Snow deliver the said order to the House of Assem- bly; who, being returned, reported that he had delivered the same according to order.
Mr. Broom, a member of the House of Assembly, attending, was admitted and delivered to the Chair the supplementary bill to the act for the more easy and speedy recovery of small debts, with the amendments returned to that House and adhered to by Council, with a paper of a further amendment proposed by the Assembly, and a verbal message, which, being read, follows in these words:
A VERBAL MESSAGE TO THE COUNCIL FROM THE HOUSE OF ASSEMBLY.
Gentlemen :
This House have fully considered the amendments proposed by your honorable House to the supplementary bill for the more easy and speedy recovery of small debts, and still continue to reject such of the said amendments as were before disagreed to by this House and adhered to by the Council, and have also pro- posed a further amendment. This we have done upon full convic- tion that acceding to those amendments will not be productive of utility in framing the bill; and altho' we conceive this law to be a very beneficial one, and much desired by our constituents; yet, if the Council cannot recede from the aforesaid amendments, we can only lament the loss of an act salutary to the good people of this State.
Upon reconsideration of Council on their amendment on the quantam of the sum from ten to twelve pounds in the said sup- plementary bill mentioned, the Council, on the question, receded from their amendment thereon, but adhered to the other several amendments by them proposed.
On motion, the question was put, "Shall a committee be appointed to prepare and bring in a message to the House of Assembly, therein giving the reasons of Council for their ad-
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"herence to the several amendments proposed by them to the supplementary bill last mentioned, except that receded from by Council?" It was carried in the affirmative.
Committee: Mr. Bassett, Mr. Wm. Polk, and Mr. Neill.
Mr. Read craved leave of absence after this evening, which is granted.
The committee appointed to prepare and bring in certain reso- lutions concerning the resignation of Samuel Patterson, Esq .. of his office of Continental Loan Officer of this State, now reported that they had essayed a draught for that purpose, which they submitted to the correction of the House.
On motion, ordered that the same be read.
By special order, the same was read a second time, agreed to, and ordered to be transcribed, and sent to the House of Assem- bly for concurrence.
The report aforesaid being transcribed and compared, ordered that Mr. Neill wait upon the House of Assembly therewith; who, being returned, reported he had delivered the same according to order.
Mr. Douglass, a member of Assembly, attending, was admitted and delivered to the Chair the bill for the relief of Bertles Shea, to which that House had agreed, with the amendments proposed by Council, with a resolution to affix the Great Seal thereunto, to which Council concurred, and the Speaker, by order, signed the said bill.
Mr. Taylor, a member of Assembly, attending, was admitted and delivered to the Chair the report of the committee of Council on the letter of General Patterson, disagreed to by that House.
The committee appointed to prepare a message from the Council to the House of Assembly, assigning their reasons for adhering to their amendments proposed to the supplementary bill to the act for the more easy and speedy recovery of small debts, now reported that they had essayed a draught for that purpose, which they submitted to the correction of the House.
Ordered that the same be read; which was done accordingly,
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891
THE DELAWARE STATE, 1784.
and after some amendments, was agreed to, and ordered to be' transcribed.
The transcribed message was read and compared, and ordered to be signed by the Speaker.
Before any further proceedings could be had, notice was given that the House of Assembly had adjourned to the first Monday in January.
MINTITES OF COUNCIL
JAN-OCT .. ..
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VOTES AND PROCEEDINGS I T.E
MINUTES OF COUNCIL.
JAN .--- OCT., 178.5.
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MIMALLEZ OL COMMCHE
OK
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
:
MONDAY, 3d January, 1785.
A sufficient number of the members not having met to form a quorum on that day, they adjourned from day to day until Friday, the 7th of the same month, when there appeared, as follows:
For New Castle County-Thomas McDonough, Speaker, Geo. Craghead.
For Kent County-Richard Bassett, Vincent Loockerman, Silas Snow.
On motion, ordered,
Upon the question, that the message to the House of As- sembly that was prepared by Council on the close of the last sitting, and could not be delivered on account of the sudden adjournment of that House, should be sent on the first meeting of that House, together with the bill on which the subject matter of that message is founded, and the amendments proposed by Council thereto, &c.
Ordered, That Mr. Snow deliver the same.
On motion, for leave to bring in a bill for reviving an act of Assembly of the late Government entitled "An act for the ap- pointment of rangers and regulating strays," as the same has been some time expired, and had been beneficial heretofore to the good people of this State.
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Ordered, upon the question, that leave be given to bring in such a bill.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present same members.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, January 8th, A. M.
Council met. Present the same members.
A bill entitled "An act for reviving an act entitled 'An act for the appointment of rangers and regulation of strays,'" was now delivered to the Chair, and, by order, read the first time.
Ordered to lie on the table.
On motion, the bill concerning rangers and strays, was read a second time.
Ordered, That the said bill be passed, transcribed and sent to the House of Assembly, for concurrence, and that Mr. Craghead deliver the same.
Adjourned to Monday morning, 10 o'clock.
897
THE DELAWARE STATE, 1785.
MONDAY, January Ioth, A. M.
Council met. Present the same members.
Mr. Craghead now informed Council that he had delivered the bill concerning rangers and strays to the House of Assembly, agreeable to order.
Mr. Snow also reported that he had delivered to the Speaker of the House of Assembly, on Saturday last, the papers commit- ted to his charge, that House being not competent to do business at that time for want of a sufficient number to form a quorum.
On motion being made and seconded, that leave be given to bring in a bill obliging executors to give security for the faithful performance of the trust in them reposed, and upon the question, it passed in the affirmative.
Mr. Bassett therefore laid on the table a bill for that purpose.
Ordered that the same be read; which was done accordingly, and laid on the table. .
Adjourned to 10 o'clock to-morrow morning.
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TUESDAY, January 1Ith, A. M.
Council met. Present the same members, and Mr. William Polk, who appeared at this meeting.
On motion, a petition, signed by Simon Wilmer Wilson and Peter Barclay Ferry, representing the injury they had sustained by the capture of a schooner, part whereof belonged to them, and of the great expense by them incurred in paying the salvage to those who had afterwards retaken her, &c., and desiring relief in
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the premises, accompanied with their accounts of expenditures on that occasion, and the Auditor's report thereon, were read the first time.
Ordered to lie on the table.
On motion, a remonstrance, signed by John Baning, Treas- urer of Kent County, representing that in consequence of certain resolutions of the General Assembly of the 9th April, 1784, for the payment of one year's interest due on the certificates of the officers, non-commissioned officers and soldiers of the Delaware Regiment, the officers of the Hospital and Medical Departments, and such other officers, non-commissioned officers and soldiers as are credited to this State in its quota'of land forces, and others, that the same resolutions directed and empowered the Presi- dent and Commander-in-Chief to draw his order on the State Treasurer for the payment of £7500 to the Treasurer of New Castle County, for the sum of £4000 to the Treasurer of .Kent County, and for the sum of £1500 to the Treasurer of Sussex County, to enable them to discharge the public debts due as aforesaid ; in consequence of which the President did draw an order, bearing date the 21st of April last, on the said State Treas- urer for the payment of {4000 of the public money in his hands to the remonstrant, John Baning, Treasurer as aforesaid, to be applied according to the directions of the General Assembly, in their resolutions aforesaid.
That the remonstrant did not think it necessary to demand of the State Treasurer actual payment of the money mentioned in the said order of the President, as he presumed he should receive of the collectors of the different Hundreds of his County public money of their collections sufficient to discharge the debt afore- said as fast as they should be demanded and that he has found in the actual performance of the duty enjoined him his presumption well grounded.
That the remonstrant did, immediately on the receipt of the said order and resolutions, begin and hath continued to pay the several public debts aforesaid, in the order prescribed by the said resolutions, out of the several collections paid into the Treasury, until the receipt of a letter from Samuel Patterson, Esq., State Treasurer, dated the 5th December last, requiring the remon- strant, in the most peremptory and authoritative manner, not to pay or discount any debts without his particular order.
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THE DELAWARE STATE, 1785.
That by reason of this mandate of the State Treasurer the remonstrant conceives he cannot safely continue to pay the resi- due of the said £4000 according to the resolutions aforesaid, nor answer any order or warrant of the General Assembly, or Com- mander-in-Chief, for the payment of money, unless the same shall be approved of and an order for the payment of the sums therein mentioned indorsed thereon by the said State Treasurer, as it must be presumed, from adverting to this prohibition, the said Samuel Patterson, the present State Treasurer, will not allow the remonstrant credit for such payments on the settlement of his accounts with him, and humbly praying the General Assembly to take his case into their serious consideration and provide ways and means to indemnify him for the payments he has already made in strict pursuance of the aforesaid resolutions, and give him their advice and direction how he is to demean himself in future, as County Treasurer, in respect to orders drawn upon him for the payment of money, either by the General Assembly, the Commander-in-Chief, or any other person or persons what- soever, under color of any law now in force, except such orders as are drawn upon him by the said Samuel Patterson, as he has reason to apprehend that the payment of any others besides the latter will not be allowed to the credit of his accounts on settle- ment with the said Samuel Patterson.
Which remonstrance was accompanied with the resolutions of the General Assembly and the letter of Samuel Patterson above mentioned, and were severally read.
Ordered to lie on the table.
Council adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members who appeared in the morning, except Mr: Bassett, who had been in the House before the calling thereof, and had leave of absence for a few hours.
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On motion, the bill for raising the allowance of Grand and Petit Jurors, which was left under consideration at the last sitting of the General Assembly, was now again read.
Ordered to lie on the table.
Adjourned to ten o'clock to-morrow morning ..
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WEDNESDAY, January 12th, A. M.
Council met. Present the same members, and took into con- sideration the petition of Simon Wilmer Wilson and Peter Bar- clay Ferry, and the papers which accompanied it, and after some time spent therein, ordered, upon the question, that the said papers be delivered to the petitioners, and that they apply to Mr. Winder, and make such proofs to him of the justice of their claim as may be in his power.
On motion, the proposals of the House of Assembly for ap- pointing conferees on the subject matter of the amendments to the supplementary bill to the act entitled "An act for the more easy and speedy recovery of small debts," which had been de- livered to one of the members of Council in the evening of yes- terday after Council had adjourned, by Mr. James, a member of Assembly, was now read, and follows in these words, viz:
IN THE HOUSE OF ASSEMBLY, TUESDAY, P. M., Jan. 11th, 1785.
The House resumed the consideration of the bill entitled "A supplementary act to the act entitled 'An act for the more easy and speedy recovery of small debts,'" with the amendments proposed thereto and undetermined; and thereupon
Resolved, That it be proposed to the Council that a committee of conference be appointed by each House to confer on the sub- ject matter of the said amendments.
أن السر تشار وى
901
THE DELAWARE STATE, 1785.
The conferees appointed on the part of this House are: Mr. Peery, Mr. Bedford, and Mr. Raymond.
Extract from the minutes.
JAS. BOOTH, Cl'k of Assembly.
"Sent for concurrence."
Which being read and agreed to by Council, the following gentlemen were appointed conferees on the part of the Council, to wit: Mr. Bassett, Mr. Craghead, and Mr. Snow; who are to' meet the conferees on the part of the House of Assembly at any time and place that is most agreeable to them.
Ordered, That Mr. William Polk wait on the House of As- sembly and return the proposals of that House respecting the appointment of conferees on the subject matter of the supple- mentary bill to the act for the more easy recovery of small debts, with the appointment of conferees on the part of the Council on that business.
Mr. Polk, being returned, reported that he had delivered the paper committed to his charge to the House of Assembly, agreeable to order.
On motion, ordered,
That the bill entitled "An act to increase the daily allowance of Grand and Petit Jurors," should be read by paragraphs, in the course of which sundry amendments were proposed and agreed to by Council.
Ordered, That the said bill, with the amendments proposed by Council, should be sent to the House of Assembly for concur- rence.
Ordered, That Mr. Loockerman wait on the House of Assem- bly with the bill and amendments, &c.
On motion, ordered,
That the bill obliging executors to give security for the faithful performance of the trust in them reposed, be read a second time; which was done accordingly.
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MINUTES OF THE COUNCIL OF
On motion, and by order, the said bill was read the third time, by paragraphs, passed the House, is ordered to be transcribed, and sent to the House of Assembly for concurrence.
Council adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
Mr. Loockerman reported that he had delivered the bill and amendments committed to his charge to the House of Assembly.
On motion, for leave to bring in a bill to empower the Pre- sident or Commander-in-Chief of this State to commissionate some proper person in the commission of the peace as President of the several Courts of Quarter Sessions of the Peace within this State, and for other purposes, therein mentioned, the same is granted, and Mr. Craghead therefore delivered at the table a bill for the purpose aforesaid.
On motion, ordered that the same be read; which was done accordingly.
Ordered to lie on the table.
Adjourned to 10 o'clock to-morrow morning.
THURSDAY, January 13th, A. M.
Council met. Present the same members.
The committee appointed to confer with a committee of the House of Assembly on the subject matter of the amendments proposed by Council to the supplementary bill to the act for the
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THE DELAWARE STATE, 1785.
more easy and speedy recovery of small debts, do now report, that they had met the committee of the Assembly and come to an agreement as to several of the amendments, and had referred the residue to another conference.
Mr. Mitchell, a member of the House of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act to enable the owners and possessors of the meadow, marsh and cripple on Cedar Creek, in Red Lyon Hundred, in the County of New Castle, to erect a new bank in part and to keep the resi- due of the old bank, &c., in repair," accompanied with a petition of the owners thereof, and sundry advertisements giving notice of this application, &c.
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