USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 17
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The bill entitled "A further supplement to an act entitled 'An act for the better regulation of servants and slaves,' " was read a second time. Referred to further consideration.
Mr. Polk, being returned, reported that he had delivered the papers committed to his charge, according to order.
Adjourned to 3 o'clock, P. M.
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THE DELAWARE STATE, 1785.
EODEM DIE, P. M.
Council met. Present all the members.
Mr. Manny, a member of Assembly, attending, was admitted and returned to the Chair the resolution of the House Assembly respecting the appointment of a committee on the petitions con- cerning the bridge over Mispillion Creek, with the amendments. of Council to which that House had agreed, which was concurred in by Council, and Mr. William Polk is appointed as one of the committee on the part of the Council; which resolution follows in these words:
IN THE HOUSE OF ASSEMBLY, January 25th, 1785.
The House having taken into consideration the petition from divers inhabitants of this State, praying that a law be enacted for erecting a bridge over Mispillion Creek, near the upper landing on the said Creek, -- and also the petition from divers inhabitants of the Counties of Kent and Sussex, praying that the waters of navigible creeks may not be obstructed by bridges being built over the same, and especially that no bridge may be permitted to be built over Mispillion Creek, near Oliver and Cropper's land- ing,
Resolved, That a committee of the General Assembly, consist- ing of three, be appointed, to whom the said petitions be referred, and who are hereby directed to go upon the premises aforesaid, and if, upon viewing the same, they shall be of opinion that a bridge erected over Mispillion Creek, as aforesaid, will be of public utility, they shall ascertain the place where, and the man- ner how, the same shall be erected; and that the said committee report their opinion thereon fully at the next sitting of the Gen- eral Assembly,
The members appointed on the part of this House are Mr. Revell and Mr. Bradley.
Extract from the minutes. JAS. BOOTH,
Sent for concurrence. Cl' k of Assembly.
In the Legislative Council, January 26th, 1785, read and con- curred in. I16
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The member appointed on the part of the Council is Mr. Wil- liam Polk.
JAMES SYKES, Cl'k Leg. Council.
On motion, Council took into consideration the bill entitled "An act for calling in and destroying such of the Bills of Credit, emitted by virtue of any laws of this State passed under the present or former Government thereof, as are now outstanding, &c.," and after some debate thereon, is referred to further con- sideration.
Adjourned to ten o'clock to-morrow morning.
THURSDAY, January 27th, A. M.
Council met. Present all the members, and resumed the con- sideration of the last mentioned bill, and, on motion, the question was put, "Shall the bill now under consideration be committed ?" and it passed in the affirmative.
On motion, that the yeas and nays on this question should be entered, was ordered accordingly, and are as follows, to wit:
For the affirmative-Mr. Loockerman, Mr. Snow, Mr. Joshua Polk, Mr. W. Polk, Mr. Neill, Mr. Craghead.
For the negative-Mr. Read, Mr. Bassett.
On motion that the said bill shall be committed to a committee of three, the members appointed are : Mr. William Polk, Mr. Snow, and Mr. Craghead.
Adjourned to 3 o'clock, P. M.
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THE DELAWARE STATE, 1785.
EODEM DIE, P. M.
Council met.
The committee to whom the last mentioned bill was committed, reported that they had made some progress therein, but required further time to perfect the same; which was granted.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, January 28th, A. M.
Council met. Present all the members.
Mr. Nixon, a member of Assembly, attending, was admitted and delivered to the Chair a resolution of that House for ap- pointing a committee of conference on the bill for establishing a Militia.
Ordered to lie on the table.
Mr. Raymond, a member of Assembly, attending, was admit- ted and delivered to the Chair a bill entitled "An act for recovery of monies received under the late Militia law."
Ordered to lie on the table.
On motion, for leave to bring in a bill for vesting in Trustees, for the use therein mentioned, the title of the school house and lot whereon the same is erected, and an adjoining lot in the Town of Dover, the same is granted, and Mr. Bassett laid a bill on the table for that purpose.
Ordered to lie on the table.
Adjourned to 3 o'clock, P. M.
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EODEM DIE, P. M.
Council met. Present all the members.
On motion,
The bill entitled "An act for vesting the school house and lot of ground whereon the same is built, together with another lot of ground contiguous thereunto in the Town of Dover, in Trus- tees for the use therein mentioned," and the several papers re- ferred to therein, were read the first time.
Ordered to lie on the table.
On motion, Council resumed the consideration of the bill entitled "An act for the support of non-commissioned officers, private soldiers, warrant officers, marines, and seamen, &c.," and sundry amendments were proposed and agreed to.
Ordered, That the amendments aforesaid be transcribed and sent to the House of Assembly for concurrence.
The gentlemen to whom the bill for destroying the Bills of Credit, &c., was committed, now reported that they had essayed sundry amendments to the same, which they laid on the table and submitted to the correction of the House.
Ordered that the same be read.
On motion, by order,
The bill entitled "A supplement to an act concerning servants and slaves," was read, by paragraphs, and upon the question on the enacting clause, "Do Council agree to the same?" it passed in the negative.
On motion, by order,
The resolution of the House of Assembly for appointing con- ferees on the subject matter of the amendments proposed by Council to the bill for establishing a Militia, was read, and follows in these words, viz:
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THE DELAWARE STATE, 1785.
IN THE HOUSE OF ASSEMBLY,
January 28th, 1785.
The House resumed the consideration of the amendments pro- posed to the bill entitled "An act for establishing a Militia," and thereupon
Resolved, That it be proposed to the Council that a committee be appointed by each House to confer on the subject matter of the said amendments.
The conferees appointed on the part of this House are: Mr. Peery, Mr. James, and Mr. Taylor.
Extract from the minutes. JAS. BOOTH,
Sent for concurrence.
Cl' k of Assembly.
Concurred in by Council. Gentlemen appointed on the part of the Council: Mr. Snow, Mr. Neill, and Mr. Joshua Polk.
Ordered, That Mr. Bassett wait on the House of Assembly with the appointment of a committee upon the petitions for and against the building a bridge over Mispillion Creek, &c .; the resolution of Assembly for appointing conferees on the subject matter of the bill for establishing a Militia; the bill for the sup- port of non-commissioned officers, private soldiers, &c., with the amendments proposed and agreed to by Council.
On motion, ordered
That Mr. William Polk wait on the House of Assembly with the following verbal message:
A VERBAL MESSAGE FROM THE COUNCIL TO THE HOUSE OF ASSEMBLY.
That the Council request to know from the honorable House of Assembly, whether any reports have been made and returned to their House, in virtue of the act for stating the accounts of the several Loan-Offices, and of commissioners into whose hands any public monies have come by virtue of laws passed under the for- mer government, &c., passed the 12th February, 1781; and if any such, the Council request, that the House of Assembly may order the same to be delivered to Council for their information as to parts of the bill, entitled, "An act for calling in and destroying
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such of 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 men- tioned," sent up by the House of Assembly, and now before the Council for consideration and concurrence.
Adjourned to ten o'clock to-morrow morning.
SATURDAY, January 29th, A. M.
Council met. Present all the members.
Mr. Polk, being returned, reported he had delivered the verbal message, according to order.
On motion, by order,
The bill entitled "An act for vesting the school house and lot in the Town of Dover in Trustees, &c.," was read a second time. Ordered to be postponed.
Mr. Gordon, a member of Assembly, attending, was admitted and delivered to the Chair a return of the settlement of the Loan Office accounts of Kent and Sussex, accompanied with a verbal message, which follows in these words, viz:
A VERBAL MESSAGE FROM THE HOUSE OF ASSEMBLY TO THE COUNCIL.
Gentlemen :
In answer to your verbal message, received this day, the House of Assembly inform the honorable the Council, that the committee appointed by the act of the twelfth of February, 1781, have re- ported their settlements of the Loan-Office accounts for "the Counties of Kent and Sussex, but that no report respecting that business in the County of New Castle hath been received. The two reports that have been made, which are now sent to the Council for their information, have not been acted upon by this House.
Adjourned to 3 o'clock, P. M.
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THE DELAWARE STATE, 1785.
EODEM DIE, P. M.
Council met. Present all the members.
On motion, by order,
The bill entitled "An act for destroying the Bills of Credit emitted by virtue of any law of this State, &c., with the amend- ments thereto agreed by the committee appointed for that pur- pose, were read, and after some time spent in the consideration thereof, is referred to three o'clock on Monday afternoon.
Mr. Smith, a member of Assembly, attending, was admitted and delivered to the Chair the bill for the support of non-com- missioned officers, &c., with a paper of amendments proposed by the House of Assembly thereto.
Adjourned to 3 o'clock on Monday next, P. M.
MONDAY, January 31st, P. M.
Council met. Present all the members.
Agreeable to the order of the day, Council resumed the con- sideration of the bill for destroying the Bills of Credit emitted by virtue of any law of this State, &c., and the first enacting clause being read, as amended, the question was put, after the same had been debated, "Do Council agree to the same?" and it passed in the affirmative.
For the affirmative-Mr. Neill, Mr. William Polk, Mr. Joshua Polk, Mr. Craghead, Mr. Loockerman, and Mr. Snow.
For the negative-Mr. Read, Mr. Bassett.
Adjourned to 10 o'clock to-morrow morning.
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TUESDAY, February Ist, A. M.
Council met. Present all the members, and resumed the con- sideration of the bill for destroying the Bills of Credit emitted by virtue of any law of this State, &c., and after some time spent therein, is referred till the afternoon.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members, and resumed the con- sideration of the last mentioned bill, and sundry amendments were proposed and agreed thereunto, and the further considera- tion thereof postponed until to-morrow morning.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, February 2d, A. M.
Council met. Present all the members, and resumed the con- sideration of the last mentioned bill; and the amendments, being transcribed, were compared, and the question was put, and the said bill is passed.
Ordered, That Mr. Neill wait on the House of Assembly with the said bill and the amendments of Council thereunto, for the concurrence of that House.
Mr. Bradley, a member of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act for the regu- lation of certain water grist-mills on Brandywine Creek, New
THE DELAWARE STATE, 1785. 929
Castle County;" certain resolutions of that House for printing 400 copies of the Laws of this State, and a proposition for filling up the blank in the said resolutions with the names of George Read, William Killen, and James Booth, Esquires; which, by order, were severally read.
On application of Mr. William Polk for leave of absence the remaining time that Council may sit, the same is granted.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members, except Mr. William Polk.
Mr. James, a member of Assembly, delivered to the Chair a paper, sent from the House of Assembly, proposing to fill up the blanks in the bill for calling in and destroying the Bills of Credit, &c., with the names of John Stockton for New Castle County, Eleazar McComb for Kent County, and Joseph Hall for Sussex County, as Trustees of the respective Loan Offices; which, by order, was read.
On motion, by order,
The bill entitled "An act for the regulation of certain water grist-mills on Brandywine Creek, in New Castle County," was read a second time.
Referred under consideration until to-morrow morning.
Mr. Douglass, a member of Assembly, attending, was admit- ted and delivered to the Chair two reports of the Auditor of Accounts, the one of 26th, and the other of 27th January, with some amendments proposed by the House of Assembly to one of these reports; Mr. Henry Neill's accounts, and a resolution expressing the time of the intended adjournment of that House; which, by order, were severally read.
Adjourned to 10 o'clock to-morrow morning.
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THURSDAY, February 3d, A. M.
Council met. Present the same members as yesterday.
Mr. Waples, a member of Assembly, attending, was admitted and delivered to the Chair a report of the Auditor of Accounts of this day
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members, and went into the consideration of the resolution of the House of Assembly respect- ing the appointing of commissioners for collecting and printing the Laws of this State, and sundry amendments were agreed to, and George Reed and James Booth, Esquires, proposed as con- missioners.
Ordered, That Mr. Neill wait on the House of Assembly with the above mentioned papers;
Who, being returned, reported he had delivered them, accord- ing to order.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, February 4th, A. M.
Council met. Present the same members as yesterday.
On motion, ordered,
That Mr. Craghead and Mr. Snow attend at the Auditor's office with the reports by him presented to the General Assembly, and there examine the vouchers in support of the charges therein re- ported, and make report of their proceedings to the Council.
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THE DELAWARE STATE, 1785.
The gentlemen, being returned, reported that they had attend- ed at the Auditor's office, according to order, and had examined the vouchers respecting the reports of the sums due to the Whig Battalion, and of those concerning Mr. Neill's Battalion, for both which the vouchers were sufficient, and that they are properly chargeable to the United States; that with respect to the report there was sufficient vouchers for the several accounts therein exhibited by the Auditor.
Mr. Mitchell, a member of Assembly, attending, was admitted and returned the proposition for filling up the blank in the reso- lutions for printing the laws, disagreed to by the Assembly; also the resolutions thereon, and amendments of Council, to several of which the House of Assembly had disagreed.
Council took into consideration the bill for regulating the water grist-mills in the County of New Castle, and agreed to sundry amendments, which were transcribed and compared.
Ordered, That Mr. Joshua Polk wait on the House of Assem- bly and deliver the said bill, with the proposed amendments of Council thereunto.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
On motion, Council went into the consideration of the bill en- titled "An act for the recovery of the monies received under the late Militia law of this State," and after some amendments made and agreed to, the same was transcribed.
Ordered, That Mr. Bassett wait on the House of Assembly with the last mentioned bill and amendments of Council;
Who, being returned, reported he had delivered them, accord- ing to order.
Mr. Broom, a member of Assembly, attending, was admitted
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and delivered to the Chair a resolution for the payment of sundry debts; a resolution for the payment of 18568 dollars to George Craghead, with a memorial of the said George Craghead, and a certificate, signed by Joseph Noarn, Register, specifying the said sum due to the said George Craghead, dated 8th December, 1781; which, by order, were severally read.
Ordered, That Mr. Snow wait on the House of Assembly with the resolutions of that House respecting the printing the Laws, with the further amendments proposed by Council thereunto, and the proposition for filling up the blank in said resolution with the names of the commissioners therein acceded to by Council;
Who, being returned, reported he had delivered the papers, according to order.
Mr. James, a member of Assembly, attending, was admitted and delivered to the Chair the bill for regulating water grist-mills in the County of New Castle, with the amendments of Council and some amendments proposed by the House of Assembly to those of Council, to which amendments of the Assembly Council agreed to. Sent to the Assembly by Mr. Neill.
Mr. Gordon, a member of Assembly, attending, was admitted and returned the resolution of that House for printing the Laws of this State, with amendments of Council sent to the House of Assembly, and a proposition for filling up the blank in said resolution with the names of the commissioners, to which amend- ments of Council the House of Assembly had agreed.
Mr. Clark, a member of Assembly, attending, was admitted and delivered to the Chair a report of the Auditor of Accounts, that there is due to James Wilson, Esq., of Philadelphia, for pre- senting this State's claim of the schooner Fortune before the Committee of Appeals appointed by Congress, the sum of £30; to William Clark, Esq., £1 : 3 : 1I, for an order drawn by the Speaker of the House of Assembly on the State Treasurer, dated 16th April, 1780, for £51 Continental money.
Read and concurred in, and ordered to be signed by the Speaker.
On motion, Council took into consideration the accounts re- ported by the Auditor of the 27th January, 1785, and the amend-
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THE DELAWARE STATE, 1785.
ments proposed by the House of Assembly thereto, and agreed to the same, and the several accounts therein reported are agreed to.
Ordered, That Mr. Craghead wait on the House of Assembly with the general accounts of the Auditor, and their amendments thereto, and also deliver at the same time the Loan Office ac- counts of Kent and Sussex.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, February 5th, A. M.
Council met. Present the same members as on yesterday.
Mr. Nixon, a member of Assembly, attending, was admit- ted and delivered to the Chair the Auditor's general account, with the amendments proposed by that House thereto, and the amendments proposed by Council to the amendments of Assem- bly, which were agreed to by that House.
The several reports of the Auditor, and the resolutions of the House of Assembly thereupon, were now considered and agreed to.
Ordered, That the Speaker sign the same; which was accord- ingly done.
Ordered, That Mr. Craghead wait on the House of Assembly and return the above mentioned papers and the resolutions res- pecting the printing the Laws, as agreed to by Council;
Who, being returned, reported that he had delivered the papers according to order.
Mr. Peery, a member of Assembly, attending, was admitted and returned the papers last mentioned, sent to that House by Mr. Craghead, with the amendments proposed by Council to the resolution respecting the Clothier, which the House of Assembly had agreed to.
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Ordered, That Mr. Loockerman wait upon the House of As- sembly and return the above papers to that House;
Who, being returned, reported he had delivered the papers according to order.
Mr. James, a member of Assembly, attending, was admitted and delivered to the Chair a resolution of that House in the fol- lowing words, viz:
IN THE HOUSE OF ASSEMBLY, February 5, 1785.
On motion,
Resolved, That an order be drawn by the Speakers of both Houses on the State Treasurer for the payment of fifty pounds to his Excellency, the President, for defraying of his expenses during his attendance on the General Assembly now and here- tofore.
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, and went into the consideration of the resolutions of the House of Assembly respect- ing the payment of sundry debts due from the public, and sundry amendments were proposed and agreed to.
Ordered, That they be transcribed and sent to that House for consideration and concurrence.
Mr. Mitchell, a member of Assembly, attending, was admitted and delivered to the Chair the several bills passed at this sitting, signed by the Speaker of Assembly.
Ordered, That the three laws returned to Council be now signed by the Speaker; which was done accordingly.
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Ordered, That Mr. Joshua Polk wait on the House of Assem- bly and return the resolutions of that House respecting the pay- ment of certain public debts, with the amendments of Council thereto, and the resolution of the House of Assembly for the payment to his Excellency, the President, the sum of £50, which was agreed to by Council;
Who, being returned, reported he had delivered the papers committed to his charge, according to order.
Mr. James, a member of Assembly, attending, was admitted, and returned the resolutions of that House with respect to the payment of certain public debts, and the amendments of Council thereto, all of which were disagreed to, but the first.
Council proceeded to ballot for Trustees of the Loan Offices of the respective Counties in this State, in order to fill up the the blanks in the bill for calling in and discharging the bills of credit, and upon casting up the polls it appeared that the fol- lowing persons were choosen by a majority of votes, viz: For the County of New Castle, John Stockton; for the County of Kent, George McCall; and for the County of Sussex, Joseph Hall.
Ordered, That Mr. Craghead wait on the House of Assembly and return the resolutions of that House concerning the payment of certain public debts, with amendments of Council disagreed to by the Assembly and adhered to by Council; also an agreement of Council to the two persons proposed by that House for Trus- toes of the Loan Offices of New Castle and Sussex Counties, and proposition of George McCall, for Trustee of the Loan Of- fice of Kent County; as also the several laws now passed, to- gether with a resolution for affixing the Great Seal to the said laws, passed this sitting, the titles of which are as follows, viz:
First. "An act to empower the President to appoint suitable persons to preside in the several Courts of General Quarter Ses- sions of the Peace in this State;"
Secondly. "An act to increase the daily allowance to Grand and Petit Jurors and Witnesses;"
Thirdly. "A supplement to an act entitled 'An act for the more easy and speedy recovery of small debts;' "
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Fourthly. "An act to enable the owners and possessors of the meadow, marsh and cripple, on Cedar Creek, in Red Lion Hun- dred, in the County of New Castle, to erect a new bank in part, and to keep the residue of the old bank, dams, sluices and flood- gates in repair, and to raise a fund to defray the expense there- of;"
Fifthly. "An act for the support of the non-commissioned of- ficers, 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;"
Sixthly. "An act for calling in and destroying such of the Bills of Credit emitted by virtue of any law of this State, passed under the present or former government thereof, as are now out- standing, and for other purposes therein mentioned;"
Seventhily. "An act for the regulation of certain water. grist- mills in New Castle County;"
Eighthly. "An act for the recovery of monies received under the late Militia law."
Also a verbal message, concerning the resolution aforesaid and the adherence of Council to their amendments to the same, which message follows in these words:
Gentlemen :
Council have adhered to their amendments proposed to your honorable House, and herewith returned, and should have as- signed their reasons for the same, did time permit; but are doubt- ful, from the verbal message received this evening, that the House are not disposed to sit until the reasons actuating Council to pro- pose and adhere to their amendments could possibly be stated on paper.
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