USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 16
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The bill for obliging executors to give security, &c., being transcribed and compared,
Ordered, That Mr. Snow wait on the House of Assembly and deliver the same;
Who, being returned, reported he had delivered it to the Speaker, the House being not sitting.
Mr. Broom, a member of Assembly, attending, was admitted and delivered to the Chair the bill to increase the daily allowance of Grand and Petit Jurors, with the amendments proposed by the Council thereto, all of which the House of Assembly had agreed to, except the 7th, to which the House of Assembly proposed an amendment and an additional clause for the limitation of the said bill to three years, and from thence to the end of the next sitting of Assembly, and no longer.
The amendments of the House of Assembly to the amend- ments of the Council being read, Council agreed to the same, except the first, to which they adhered.
Ordered, That Mr. William Polk deliver the same to the House of Assembly.
Adjourned to 3 o'clock, P. M. .
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EODEM DIE, P. M.
Council met. Present the same members.
The petition of divers inhabitants of Red Lyon Hundred, in the County of New Castle, owners of Cedar Creek Meadows, accompanied with 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 keep the residue of the old bank, &c., in repair," and sundry advertisements, giving notice of the intended application to the General Assembly, and affidavits of their having been put up in due time, were read.
Mr. Polk, being returned, informed Council he had delivered the papers committed to his charge to the House of Assembly, according to order.
On motion,
Ordered, That Mr. Craghead wait on the House of Assembly with the remonstrance of John Baning, Treasurer of Kent Coun- ty, and the papers accompanying the same;
Who, being returned, reported that he had delivered the same according to order.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, January 14th, A. M.
Council met. Present the same members.
On motion, by order,
The bill empowering the President or Commander-in-Chief to commissionate some proper persons to preside in the several
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THE DELAWARE STATE, 1785.
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Courts of Quarter Sessions of the Peace in the respective Coun- ties in this State, and for other purposes therein mentioned, was read the second time.
Ordered to lie on the table.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
On motion, ordered,
That the bill entitled "An act to empower the President to appoint suitable persons to preside in the several Courts of General Quarter Sessions of the Peace in this State," was read by paragraphs, after sundry amendments agreed to by Council therein, and the questions being severally put, it passed the House.
Ordered to be transcribed and sent to the House of Assembly for concurrence.
A petition, signed by the Rev. Sydenham Thorne, a clergy- man of the Protestant Episcopal Church, and an inhabitant of Sussex County, complaining of his being taxed in that county, contrary to usage and custom, all other clergymen having been exempted from taxation, and praying relief in the premises, was read the first time.
Ordered to lie on the table.
Adjourned to 10 o'clock to-morrow morning.
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SATURDAY, January 15th, A. M.
Council met. . Present the same members.
The bill entitled "An act to empower the President to appoint suitable persons to preside in the several Courts of General Quar- ter Sessions of the Peace in this State," being transcribed and compared, on motion,
Ordered, That Mr. William Polk wait on the House of As- sembly therewith.
Mr. Broom, a member of Assembly, attending, was admitted and delivered to the Chair a message from the President, accom- panied with a letter from Captain William McKennan to him, a certificate of monies advanced the Delaware Regiment by the State of Delaware for the year 1781, with a resolution of the House of Assembly in favor of Capt. McKennan, sent for con- currence.
Ordered that the above papers be read; which was done ac- cordingly, and the resolution follows in these words:
IN THE HOUSE OF ASSEMBLY, SATURDAY, Jan. 15th, 1785.
The House took into consideration the letter from Captain McKennan, of the 29th of October last, with the papers inclosed, and thereupon
Resolved, That Captain William McKennan be entitled to re- ceive the pay and emoluments of a captain during the time he was employed in obtaining and distributing the final settlement certificates of the pay of officers and soldiers of the Delaware Regiment, and that the Auditor be directed to settle the same and report to the General Assembly the sum due.
Extract from the minutes. JAS. BOOTH,
Sent for concurrence.
Cl' k of Assembly.
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THE DELAWARE STATE, 1785.
Mr. Neill, a member of Council, now appeared in the House and informed them he had been very unwell, which had occa- sioned his not attending sooner, and therefore hoped the excuse of Council, which is accepted.
Mr. Polk, being returned, reported that he had delivered the bill committed to his charge to the House of Assembly, accord- ing to order.
By special order, the resolution of the House of Assembly respecting Capt. McKennan, was read a second time and con- curred in.
Ordered, That Mr. Snow wait on the House of Assembly and return the same;
Who, being returned, reported that he had delivered the paper committed to his charge, according to order.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members, and adjourned to Monday next at 10 o'clock, A. M.
MONDAY, January 17th, A. M., 1785.
Council met. Present the same members, except Mr. Neill, who is indisposed.
Mr. James, a member of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act for establishing a Militia."
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On motion, by order, the said bill was read the first time. Ordered to lie on the table.
Adjourned to 10 o'clock to-morrow morning.
TUESDAY, January 18th, A. M.
Council met. Present the same members as yesterday.
The Speaker presented to Council a letter directed to him from William Millan, representing that he had Charles Gordon's obli- gation for £15 : 9, that he had delivered the same to William McClay, which has been since lost; that Charles Gordon's estate was confiscated and sold for the purpose of paying his debts, and the residue for the use of the State; that the amount of the sale of said estate is lost by the failing of Continental money ; that he conceives he ought to be paid the principal and interest of his bond by this State, the amount of which, as by his account now exhibited, is £22 : 17.
On motion, by order, the said letter and accounts were read. Ordered to lie on the table.
On motion, by order,
The bill entitled "An act for establishing a Militia," was read a second time.
Ordered to lie on the table.
Mr. Nixon, a member of Assembly, attending, was admitted. and delivered to the Chair a bill entitled "An act to appoint suit- able persons to preside in the several Courts of General Quarter Sessions of the Peace in this State," with some amendments pro- posed by that House to the same.
On motion, by order, the amendments proposed by the House of Assembly to the last mentioned bill were read.
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THE DELAWARE STATE, 1785.
Mr. Broom, a member of Assembly, attending, was admitted and delivered to the Chair resolutions of that House respecting an allowance to the Delegates in Congress, which, on motion, by order, were read, and follow in these words, viz :
IN THE HOUSE OF ASSEMBLY, MONDAY, January 17th, 1785.
WHEREAS it becomes the duty of the Legislature to provide for the support of the Delegates from this State to the Congress of the United States in a manner suitable to the honor and dignity of their station; therefore
Resolved, That cach of the Delegates from this State to the Congress of the United States, for the present year, be allowed the sum of forty shillings for every day he has attended, or shall attend in Congress, or any committee thereof, and also the same sum per day for traveling charges in going thereto, and returning therefrom.
Resolved also, That the Speakers of both Houses, or, in the recess of the General Assembly, the President or Commander-in- Chief of this State, upon each Delegate's producing an account of his attendance, be and are hereby authorized to draw an order on the State Treasurer indorsed on such account, for the pay- ment of the same; which account, with the order and receipt, shall be a sufficient voucher for the Treasurer in the settlement of his accounts.
JAS. BOOTH, Cl'k of Assembly.
Sent for concurrence.
Adjourned to 3 o'clock, P. M.
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EODEM DIE, P. M.
Council met. Present the same members.
On motion, by order,
The resolutions of the House of Assembly ascertaining the allowance per day of the Delegates to Congress from this State to the United States, were read a second time, in the course of which reading some amendments were proposed and made there- to by Council.
On motion,
Ordered, That Mr. William Polk deliver the amendments to the House of Assembly;
Who, being returned, reported he had delivered the same.
On motion, by order, the amendments proposed by the House of Assembly to the bill entitled "An act to empower the Presi- dent to appoint suitable persons to preside in the several Courts of Quarter Sessions of the Peace," were taken into consideration and severally agreed to, and the bill ordered to be engrossed.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, January 19th, A. M.
Council met. Present the same members as yesterday.
The engrossed bill, entitled "An act to empower the President to appoint suitable persons to preside in the several Courts of General Quarter Sessions of the Peace in this State," with the amendments proposed by the House of Assembly, and agreed to by. Council, was now read and compared.
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THE DELAWARE STATE, 1785.
Ordered, That Mr. Craghead wait on the House of Assembly with the same;
Who, being returned, reported he had delivered the bill and amendments committed to his charge, according to order.
Mr. Raymond, a member of Assembly, attending, was ad- mitted and delivered to the Chair the resolutions of that House respecting the allowance to the Delegates from this State to the United States in Congress, with the amendments proposed by Council thereunto, to two of which the House of Assembly had agreed, and to the other, with respect to increasing the daily allowance from 40s. to 45s., that House had disagreed ; also a report of the Auditor of Accounts on the resolutions of the Gen- eral Assembly respecting the claim of Capt. William McKennan; which report follows in these words, viz:
The Auditor of Accounts being unprovided with the late resolutions of Congress for settling the accounts of the Army, has availed himself of the best information in his power to pro- cure at present, and thereupon begs leave to make the follow- ing report, viz: That there is due to Captain William McKen- nan, for his pay and subsistence, and forage for his horse, for eight months, fifteen days, the time he charges to have been employed in obtaining and distributing final settlement certificates of the pay of the officers and soldiers of the Delaware Regiment, the sum of one hundred and eighty-four pounds, seventeen shil- lings and six pence.
January 18th, 1785.
E. McCOMB, Auditor of Accounts.
In the House of Assembly, Wednesday, A. M., Jan. 19, 1785, read and agreed to.
JAMES BOOTH, Cl'k of Assembly.
In Council. Read and concurred in.
JAMES SYKES, Cl'k Leg. Council.
Council resumed the consideration of the bill entitled "An act for establishing a Militia," and after some time spent therein is referred to further consideration.
On motion, by order, on reading the amendments of Council to the resolutions of Assembly respecting the daily allowance of
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the Delegates in Congress from this State, upon the question, "Do Council rescind their amendment thereto concerning the increasing the daily allowance therein mentioned?" it passed in the affirmative, and Council concurred in the said resolutions.
On motion,
Ordered, That Mr. Loockerman wait on the Assembly with the several papers delivered to Council by Mr. Raymond, to which Council had agreed, and also deliver at the same time William Millan's letter, with its inclosures, to that House.
Mr. Loockerman, being returned, reported that he had deliv- ered the papers committed to his charge, according to order.
Adjourned to 3 o'clock, P. M.
EODEM DIE,. P. M.
Council met.
Mr. Broom, a member of Assembly, attending, was admitted and delivered to the Chair a resolution of that House for drawing an order in favor of Capt. William McKennan, agreeable to the report of the Auditor of Accounts, with the order drawn by that House; which, by order, being read and concurred in, follows in these words, viz:
IN THE HOUSE OF ASSEMBLY, WEDNESDAY, January 19, 1785.
On motion,
Resolved, That the Speakers of both Houses draw an order on the State Treasurer for the payment of one hundred and eighty-five pounds seventeen shillings and six pence to William McKennan, agreeable to the Auditor's Report, confirmed this day by the General Assembly.
JAS. BOOTH, Cl'k of Assembly.
Sent for concurrence.
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THE DELAWARE STATE, 1785.
Mr. Broom also delivered to the Chair an order, drawn by the House of Assembly, in favor of John Vining, Esq., one of the Delegates from this State to Congress, for the sum of £115 : 10, the amount of his account, as exhibited to the General Assembly, for his attendance in Congress the last year, and for the present year to this time; which, by order, was read and agreed to by Council.
Ordered, That the said orders be signed by the Speaker of Council; which was accordingly done.
Adjourned to 10 o'clock to-morrow morning,
THURSDAY, January 20th, A. M.
Council met. Present the same members as yesterday.
On motion being made and seconded, that leave be given to bring in a resolution of this House requiring and directing the members of Congress from this State, with all possible dispatch, to press Congress to form and recommend to the Legislature of this State what in their opinion may be a proper peace estab- lishment, so as to form the Militia of the Union on a uniform, regular and respectable footing, which is granted; and Mr. Bas- sett laid a resolution on the table for that purpose, which, by order, was read, and follows in these words:
WHEREAS a well regulated Militia is and must be considered as the palladium of the security of our country, and the first effectual resort in case of hostility; and whereas to make it more useful and powerful it is necessary the same systen should, as near as possible, pervade the United States, that the discipline of the Militia of the Continent may be uniform, and the same species of arms, accoutrements and military apparatus be introduced in every part of the United States; therefore
Resolved, That the delegates to Congress from this State be required and directed, with all possible dispatch, to press Con- gress to form and recommend to the Legislatures of the several
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States what, in their wisdom, may be a proper peace establish- ment for the United States; in which, due attention, it is not doubted, will be paid by Congress to the importance of placing the militia of the Union upon a regular and respectable footing.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M. Council met and adjourned to 10 o'clock to-morrow morning.
FRIDAY, January 21st, A. M.
Council met. Present the same members as yesterday.
Council resumed the consideration of the bill entitled "An act for establishing a Militia." In the course of reading the same, by paragraphs, sundry amendments were proposed and agreed to as far as Section six. The further consideration thereof referred until the afternoon.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
The Council again resumed the consideration of the bill enti- tled "An act for establishing a Militia," from the sixth section, and some amendments were proposed to the seventh, eighth and ninth, which were agreed to by Council, the remaining sections of the said bill also agreed to.
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THE DELAWARE STATE, 1785.
Ordered, That the amendments be transcribed and sent to the House of Assembly for concurrence.
On motion, ordered,
That the resolution of Council respecting the directing the members of Congress from this State to press upon Congress the necessity of recommending to the several Legislatures of the United States what in their wisdom may be a proper peace establishment, &c., should be read; which was done accordingly, and agreed to by Council.
Ordered, To be transcribed and sent, with the above men- tioned bill, to the House of Assembly.
On motion, for leave to bring in a bill as a supplement to "An act for the better regulation of servants and slaves, &c.," the same is granted, and Mr. Snow delivered a bill on the table, which, by order, was read the first time.
Ordered to lie on the table.
Ordered, That Mr. William Polk wait on the House of Assem- bly with the resolution drawn in favor of Capt. McKennan.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, January 22d, A. M.
Council met. Present the same members as yesterday.
The amendments to the bill for establishing a Militia, being transcribed, were compared, also the resolution directing the members of Congress from this State to press upon Congress the forming and recommending to the several Legislatures of the United States a proper peace establishment, &c.
Ordered, That Mr. William Polk wait on the House of As- sembly with these papers, together with the bill for establishing a Militia.
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Mr. Polk, being returned, reported that he had delivered to the House of Assembly the papers now committed to his charge, and also the resolution in favor of Capt. McKennan, which was committed to him yesterday in the afternoon.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
Mr. Nixon, a member of Assembly, attending, was admitted and delivered to the Chair an engrossed bill entitled "A supple- mentary act to the act entitled 'An act for the more easy and speedy recovery of small debts,' " with the original draught; the engrossed bill entitled "An act to empower the President to ap- point suitable persons to preside in the several Courts of General Quarter Sessions of the Peace in this State;" and the engrossed bill entitled "An act to increase the daily allowance of Grand and Petit Jurors and Witnesses," signed by the Speaker of the House of Assembly; which were severally compared.
Mr. Nixon also delivered to the Chair a bill for destroying the Bills of Credit emitted by virtue of any law of this State; a bill for the support of non-commissioned officers, private soldiers, &c., disabled in the course of the late war.
On motion, by order, the said two last mentioned bills were read the first time.
Ordered to lie on the table.
Adjourned to 10 o'clock on Monday morning.
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THE DELAWARE STATE, 1785.
MONDAY, January 24th, A. M.
Council met. Present all the members, as Mr. Read and Mr. Joshua Polk now appeared in the House and severally informed Council-the former, that at the time of the first meeting of the Council the weather was so extremely severe that he could not, in his state of health, venture abroad; that the week following some very urgent and indispensable business intervened, which detained him; the latter, that his absence was occasioned by the illness of his wife and his own indisposition. Both of the gen- tlemen's reasons are admitted, and they stand excused.
On motion, by order, the several engrossed bills last mentioned were signed by the Speaker.
On motion, by order,
The 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 residue of the old bank, &c., in repair," was signed by the Speaker.
Ordered, That Mr. Joshua Polk wait on the House of Assem- bly and deliver there the several bills signed by the Speaker.
On motion, by order,
The bill entitled "An act for the support of non-commissioned officers, private soldiers, warrant officers, marines, and seamen, citizens of this State, who, in the course of the late war, have been maimed, or disabled from getting a livelihood," was read a second time.
Ordered to lie on the table.
Mr. Joshua Polk, being returned, reported that he had deliver- ed the bills committed to his charge, according to order.
On motion, by order,
The bill entitled "An act for calling in and destroying such of
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the Bills of Credit, emitted by virtue of any law of this State passed under the present or former Government thereof, as are now outstanding, and for other purposes therein mentioned," was read a second time.
Ordered to lie on the table.
Mr. Waples, a member of Assembly, attending, was admitted and delivered to the Chair the bill for establishing a Militia, with the amendments proposed by Council to the same, to some of which the House of Assembly has disagreed.
Adjourned to 10 o'clock to-morrow morning.
TUESDAY, January 25th, A. M.
Council met. Present all the members.
On motion, by order, the petition from the Rev. Sydenham Thorne was read the second time.
Ordered to lie on the table for further consideration.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. All the members present.
Mr. Revell, a member of Assembly, attending, was admitted and returned to the Chair the bill entitled "An act to compel executors to give security for the faithful discharge of the duty reposed in them by their testator," with a paper of amendments proposed by that House.
On motion, by order, the amendments proposed to the said bill by the House of Assembly were read and disagreed to unani- mously.
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THE DELAWARE STATE, 1785.
On motion,
Ordered, That Mr. Neill wait on the House of Assembly with the said bill, and the amendments of that House disagreed to by Council.
Mr. Neill, being returned, reported that he had returned to the House of Assembly the bill and amendments thereunto, proposed by that House, according to order.
The Council resumed the consideration of the amendments to the bill entitled "An act for establishing a Militia," to some of which the Assembly had disagreed, and after some time spent therein, the question was put, "Do Council adhere to their 7th amendment?" which is-in Section 7 and line II of the bill, after the words [provided with] insert the words [sufficient arms and accoutrements to enable him to be taught and instructed in his duty and exercise, to be adjudged of by the commanding officer present]-and the House being divided on this question, the Speaker gave his voice in the affirmative.
On motion, that the yeas and nays should be entered on this question, it was ordered accordingly, which are as follows:
For the affirmative-Mr. Read, Mr. Bassett, Mr. Snow, Mr. Loockerman.
For the negative-Mr. Craghead, Mr. Neill, Mr. J. Polk, Mr. W. Polk.
The whole of the amendments disagreed to by the House of Assembly were adhered to by Council, on the questions being severally put.
Adjourned to 10 o'clock to-morrow morning.
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WEDNESDAY, January 26th, A. M.
Council met. Present all the members.
On motion,
Ordered, That Mr. Craghead wait on the House of Assembly and return the bill entitled "An act to establish a Militia," with the amendments of Council.
Mr. Waples, a member of Assembly, attending, was admitted and delivered to the Chair a petition, signed by a number of the inhabitants of Kent County, praying that an act of the General Assembly should pass to permit them to build a bridge across Mispillion Creek, at the upper landing on said creek, as the same would be of great advantage to the public, and that a considera- ble sum of money was subscribed for the same; also another peti- tion, from divers inhabitants of Kent and Sussex Counties, against the prayer of the first, and a resolution of the House of Assembly appointing a committee upon the aforesaid petitions.
On motion, by order, the said petitions and resolution of the House of Assembly were read.
Mr. Craghead, being returned, reported that he had delivered the papers committed to his charge, according to order.
On motion, some amendments were agreed to to the resolution of the Assembly for appointing a committee on the above men- tioned petitions, and being transcribed,
Ordered, That Mr. William Polk wait on the Assembly and deliver the same.
On motion, by order,
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