USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 18
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Who, being returned, reported that he had delivered the same according to order.
Mr. Peery, a member of Assembly, attending, was admitted and returned the proposition of George McCall for Trustee of the Loan Office of Kent County, disagreed to by that House, and proposing Simon Wilmer Wilson,
On motion, an order was drawn on the State Treasurer in
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THE DELAWARE STATE, 1785.
favor of George Craghead, Esq., for the sum mentioned in the resolution of Assembly, concurred in by Council, and was signed by the Speaker and sent to the House of Assembly by Mr. Crag- head.
Ordered, That Mr. Joshua Polk wait on the House of Assem- bly with the proposition of Simon Wilmer Wilson for Trustee of of the Loan Office for Kent County, which was acceded to by Council;
Who, being returned, reported that he had delivered the same according to order.
Mr. Smith, a member of Assembly, attending, was admitted and delivered to the Chair the bill for calling in and destroying the Bills of Credit emitted by this State, signed by the Speaker of that House, and a warrant to affix the Great Seal to the several laws passed this sitting.
The bill entitled "An act for calling in and destroying the Bills of Credit of this State," was compared and signed by the Speaker.
Ordered, That Mr. Neill wait on the House of Assembly and return the last mentioned papers.
The Speaker of the House of Assembly delivered to the Speaker of Council notice of the adjournment of the House of Assembly to the 16th day of May next.
Council therefore adjourned to the said 16th day of May next.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, MAY, 1785.
MONDAY, May 16th, 1785.
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 24th 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.
For Sussex County -- William Polk, Joshua Polk.
Mr. Craghead laid on the table a memorial, signed by James Adams, of the borough of Wilmington, in the County of New Castle, printer, which, on motion, by order, was read; and set forth that he had frequently done printing business for the Gen- eral Assembly; that great part of the amount thereof was still unpaid, and desiring immediate payment of the same; and it is therein further set forth that he is desirous of undertaking the printing the laws of this State, lately resolved by the General Assembly to be revised and printed; and that he will perform the same on as reasonable terms as any other person whatsoever.
Ordered to lie on the table.
Adjourned to ten o'clock to-morrow morning.
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MINUTES OF THE COUNCIL OF
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WEDNESDAY, May 25th, P. M.
Council met. Present the same members as yesterday, except Mr. Bassett.
Adjourned to 10 o'clock to-morrow morning.
THURSDAY, May 26th, A. M.
Council met. Present the same members as yesterday.
Adjourned to three o'clock this afternoon.
EODEM DIE, P. M.
Council met. Present the same members.
On motion, that agreeable to the Constitution, or system of Government, it was necessary to remove one of the members of the Privy Council, last appointed by Council, as two years had elapsed since that appointment, and to put persons in nomination that one may be chosen to fill up the place of the Councillor so removed, which being seconded, Council proceeded, by ballot, to determine which of those two last appointed should be remov- ed, and, upon reading the polls, it appeared that John Lea was unanimously removed, and the persons to be put in nomination to supply the vacancy is referred until to-morrow.
Adjourned until 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1785.
FRIDAY, May 27th, A. M.
Council met. Present the same members, and Mr. Henry Neill, who appeared, was excused for his absence, and took his seat.
Agreeable to the order of the day, Council proceeded to put in nomination persons to fill the vacancy of a Privy Councillor, and the following gentlemen were put in nomination, viz :
By Mr. Craghead-Capt. James Black, Capt. John Garratt.
By Mr. Loockerman-Alexander Porter.
By Mr. Bassett-James Sykes;
And that in the afternoon Council will proceed to ballot froni the above nominations.
The Speaker laid on the table a petition, signed by Benjamin Williams, owner of a grist-mill, at Noxonton, in New Castle County, complaining of the great hardship and inconvenience of his being called upon to support and repair a bridge, on the upper road from New Castle to Dover, at the head of said mill-pond, which he thinks ought to be maintained by the public, as a bridge would be equally necessary were there no mill at the place afore- said, and praying relief in the premises, from the Legislature of this State, which, together with certificates signed by a number of respectable inhabitants of New Castle County, setting forth that the prayer of the petitioner is, in their opinion, reasonable, and that he ought not to be burdened with any expense rela- tive to the said bridge, more than any other taxable of the said County; which, on motion, by order, were read.
Ordered to lie on the table.
Adjourned to 3 o'clock this afternoon.
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MINUTES OF THE COUNCIL OF
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Council met. Present the same members, and proceeded to ballot for a Privy Councillor, agreeable to the order of the fore- noon, and the votes having been received by the Speaker, read and polled, it appeared that Major James Black was elected by a majority of votes, and he is declared duly elected Privy Coun- cillor in the room of John Lea.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, May 28th, A. M.
Council met. Present the same members, except Mr. Snow and Mr. Joshua Polk.
Mr. Nixon, a member of the House of Assembly, attending, was admitted and delivered to the Chair an order of that House appointing Mr. Kollock one of the committee of conference on the subject matter of the disputed amendments proposed to the bill entitled "An act for establishing a Militia," in the room of Mr. Peery, who is absent; also a message from the President, accompanied with sundry resolutions of Congress, and letters; which, by order, were severally read.
Mr. Douglass, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair the bill entitled "An act for establishing a Militia," with the amendments proposed by Council thereto, and the report of the committee of conference thereon; which report, by order, was read. Left under consid- eration.
Mr. Neill desired leave of absence during the present sitting, having a vessel ready to sail, on board of which he purposes going to sea; which is granted.
Mr. Bassett desired leave of absence for a few days, having urgent business in Maryland; which is granted.
Adjourned to Monday morning, 10 o'clock.
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THE DELAWARE STATE, 1785.
MONDAY, May 30th, P. M.
Council met. Present the same members as on Saturday, except Mr. Bassett, Mr. Neill, and Mr. Snow.
On motion, ordered,
That the report of the committee of conference on the subject matter of the bill entitled "An act for establishing a Militia," be again read, which being done accordingly, and the question put, "Do Council agree to the said report?" it passed in the affirma- tive.
On motion of Mr. Loockerman, that the yeas and nays on the above question should be entered, it is ordered accordingly.
For the affirmative-Mr. William Polk, Mr. Craghead, Mr. Joshua Polk.
For the negative-Mr. Loockerman.
Ordered, That Mr. William Polk wait on the House of Assem- bly and deliver the last mentioned bill, with the report of the committee of conference, to which Council had agreed;
Who, being returned, reported he had delivered them accord- ing to order.
Mr. Mitchell, a member of the House of Assembly, attending, was admitted and delivered to the Chair a supplementary bill to the act for regulating the wharves, &c., at Wilmington, accom- panied by a petition from sundry inhabitants of said borough; which, by order, were read.
Ordered to lie on the table.
Mr. William Polk laid on the table a bill entitled "An act to repeal an act entitled 'An act directing the punishment of petty larceny, and for other purposes therein mentioned;' " which, by order, was read.
On motion, by order,
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The bill for regulating the wharves, public streets, &c., in the Borough of Wilmington, was read a second time.
Ordered to lie on the table.
Adjourned to 10 o'clock to-morrow morning.
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TUESDAY, May 31st, A. M.
Council met. Present the same members as on yesterday.
On motion,
The bill entitled "A supplement to the act entitled 'An act for the better regulating the wharves, public streets, buildings, party walls and partition fences in the Borough of Wilmington, in the County of New Castle, upon Delaware, and for raising money on the inhabitants of the said borough for the public use and benefit thereof,' " was read, by paragraphs, and the question being sev- erally put on each paragraph, they were agreed to by Council, and the bill will pass.
Ordered, That Mr. Snow wait on the House of Assembly with the last mentioned bill and deliver the same,"with the petition that accompanied it, to that House;
Who, being returned, reported that he had delivered the papers committed to him, according to order.
On motion,
The bill entitled "An act to repeal an act entitled 'An act directing the punishment of petty larceny, and for other purposes therein mentioned,' " was read a second time.
Ordered to lie on the table.
Adjourned to 3 o'clock this afternoon.
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THE DELAWARE STATE, 1785.
EODEM DIE, P. M.
Council met. Present the same members.
On motion,
The bill entitled "An act to repeal an act entitled 'An act di- recting the punishment of petty larceny, and for other purposes therein mentioned,' " was read by paragraphs, and the questions being severally put, was agreed to by Council, and the bill will pass.
Ordered, That Mr. Joshua Polk wait on the House of Assem- bly with the said bill for concurrence, and also at the same time deliver to that House the petition of Benjamin Williams concern- ing the bridge over the head of his mill pond;
Who, being returned, reported he had delivered the papers committed to his charge, according to order.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, June Ist, A. M.
Council met. "Present the same members as yesterday.
Mr. Nixon, a member of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act for raising £10,500 for the service of the year 1785."
On motion, by order, the said bill was read the first time.
Mr. Douglass, a member of Assembly, attending, was admitted and delivered to the Chair the bill for repealing the act directing the punishment of petty larceny, &c., to which the House of Assembly had agreed.
Ordered that the said bill be engrossed.
Adjourned to 3 o'clock this afternoon.
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Council met. Present the same members.
The last mentioned bill, being engrossed, was compared.
Ordered, That the same be signed by the Speaker; which was done accordingly.
Mr. Broom, a member of the House of Assembly, attending, was admitted and delivered to the Chair the report of a com- mittee appointed by the General Assembly, on the 21st June, 1783, to settle and adjust the accounts of the Loan Office of Kent County so far as related to the estate of John Vining, Esquire, dec'd, signed by Thomas Collins, John Cook and John Clowes, dated April 19th, 1784, with the addition of the Auditor of Ac- counts to that committee at the time of the report being made; which, being read and considered by Council, the appointment of the Auditor of Accounts is concurred in.
Ordered, That Mr. Craghead wait on the House of Assembly and deliver the said report, concurred in by Council;
Who, being returned, reported he had delivered the report, according to order.
Mr. William Polk laid on the table a petition, signed by nine inhabitants of Sussex County, who represent that they suffer great inconvenience from a road line through a parcel of marsh in Cedar Creek Hundred, and praying that a law may pass the General Assembly to permit the petitioners to erect a gate on said road, to prevent the inconvenience complained of.
On motion, by order, the said petition was read.
On motion, by order,
The bill entitled "An act for raising £10,500, for the service of the year 1785, was read the second time.
[The remainder of the Journal of the Council for the year 1785
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THE DELAWARE STATE, 1785.
is missing. As shown by the proceedings of the House of As- sembly, both houses adjourned on the 6th of June until the 30th day of September. A session of the General Assembly was con- vened on the twentieth day of October, 1785, and continued until the 5th day of November, when an adjournment took place until the 3d day of January, 1786. The following papers belong to this period] :
Paper sent to the Council, Friday, June 3d, 1785, by the House of Assembly, with a resolution for the payment of £135 : 5s. to the representatives of Thomas Stroud, deceased :
The Auditor of Accounts, having examined the papers accom- panying the petition of Thomas Stroud to the General Assembly, which were referred to him, begs leave to report: That it appears to him a vessel belonging to the petitioner was taken or hired by the then President of the State to receive on board the papers of the Continental Loan Office of this State and the records of New Castle County, together with some valuable private property, in order to preserve them from falling into the hands of the enemy, then on their march from the Head of Elk to Philadelphia; that the said vessel, with the above mentioned papers, records, and property on board, lying under the guns of the fort near Wil- mington, was taken by the enemy on the morning of the 13th of September, 1777, and received so much damage while in their possession that it cost the petitioner upwards of one hundred and ninety-one pounds ten shillings to repair her, which, together with {,15 charged for five days' hire, amounts to the sum of two hundred and six pounds twelve shillings and ten pence, for which he prays to be reimbursed by the State.
The Auditor has taken some pains to obtain the necessary in- formation relative to this business, but has not succeeded to his wish. He therefore prays to be excused from hazarding his single opinion, and to refer the case of the widow (the petitioner having lately departed this life) to the wisdom of the Legislature. One thing he will venture to mention, that as the vessel in ques- tion was taken up as well for the purpose of preserving the papers of the Loan Office as the records of New Castle County, the al- lowance, if any is made, ought, in his opinion, to be paid and borne equally between this State and the United States.
June 3d, 1785. E. McCOMB, Auditor of Accounts.
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Message from the Council received in the House of Assembly, June 4, 1785 : Gentlemen :
The Council received the last evening their amendments pro- posed by them to the bill entitled "An act for the suppression of public marts or fairs," some of which are acceded to and others rejected by your honorable House, and having reconsidered their amendments, still retain the highest sense of their propriety, both on account of their tendency to shorten the bill and preserving the propriety of expression; therefore Council wish your honor- able House to reconsider the proposed amendments. But if your House cannot consider the same in the light Council do, and as they conceive the bill necessary and useful, and the object of both Houses, we presume, the same, rather than it should be lost, will recede from their proposed amendments.
List of engrossed bills, to which the Great Seal was ordered to be affixed, by resolution of the House of Assembly, and sent to the Council for concurrence June 4, 1785 :
"An act for raising ten thousand five hundred pounds for the service of the year one thousand seven hundred and eighty-five;"
"A supplement to the act entitled 'An act for the better regu- lating the wharfs, public streets, buildings, party-walls and parti- tion-fences, in the Borough of Wilmington, in the County of New Castle, upon Delaware, and for raising money on the in- habitants of the said borough, for the public use and benefit thereof;' "
"An act to prevent the issuing the writ of capias ad satisfacien- dum, in certain cases;"
'"An act to enable Joseph Oliver, of the County of Kent, his heirs, executors, or administrators, to erect a bridge over Mispil- lion Creek;"
"An act to repeal an act entitled 'An act directing the pun- ishment of petit-larceny, and for other purposes therein men- tioned;"
"An act for the suppression of public marts or fairs;"
"An act for establishing a Militia."
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THE DELAWARE STATE, 1785.
Messages from his Excellency Nicholas Vandyke, President :
Gentlemen of the General Assembly :
The Secretary will lay before you sundry acts of Congress, which I have received subsequent to the adjournment of the late General Assembly.
The requisition of Congress for this State's computed quota of three million dollars, demanded from the United States, is an object, which, from its importance, requires your earliest atten- tion. The purposes to which this sum is to be applied, and the reason of the demand, are clearly specified in the requisition; and I trust it will be unnecessary to urge any arguments in favor of complying with a measure, the obvious consequence of which is the establishment of foreign and domestic credit.
I beg leave to call your attention to an act of Congress, of the 30th of April, 1784, recommending to the States to vest the United States, in Congress assembled, with powers competent to the protection of commerce, the situation of which claims the atten- tion of the several States, and few objects of greater importance can present themselves to their notice. Without investing the grand council of the empire with such powers, we can never command reciprocal advantages in trade, or restrain such foreign commerce as may not be founded upon principles of equality.
It will appear, from many of the papers "now laid before you, that Congress urge in the strongest manner, and with the most forcible reasons, the importance and necessity of a constant rep- resentation of the different States, and that each State should be represented, at all times when Congress are sitting, by three members. The dignity and interest of this State, as well as of the Union, are materially concerned in a constant and full repre- sentation, and I hope your Honors will take this matter into your serious consideration.
I must also recommend your attention to the other papers transmitted, a compliance with which will tend to promote federal confidence and prosperity.
NICHOLAS VANDYKE.
Dover, October 27, 1785.
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MINUTES OF THE COUNCIL-1785.
Gentlemen of the General Assembly :
I have this day received, and directed to be laid before you by the Secretary, a letter from the Secretary for Foreign Affairs, dated the roth instant, accompanied by information that the Regency of Algiers have declared war against the United States. of America; and also two other letters, one from the Secretary of Congress, and the other from the Board of Treasury. The first of these is accompanied by an act of Congress of the 12th instant, by which the several States are earnestly called on to complete, without delay, the whole of their quotas of the requisi- tions of September, 1782, and April, 1784. The other contains accounts of the balances due on the requisitions of Congress, of the 30th of October, 1781, and the 4th of September, and the 16th of October, 1782.
The General Assembly will hereby be enabled to discover what exertions are necessary to be made, on the part of this State, for the important purpose of effectually supporting foreign and domestic credit; an object which, from its extensive consequence to all the States in the Union, I recommend to your serious con- sideration.
NICHOLAS VANDYKE.
Dover, October 28, 1785.
Minutes of a meeting of both Houses of the General Assembly, held Novem. ber 4, 1785 :
The Council and House of Assembly met in the Council Cham- ber, agreeable to the order of the day, and proceeded, by joint ballot, to the election of Delegates to represent this State in the Congress of the United States of America until the first Monday in November in the year one thousand seven hundred and eighty- six, and the box containing the ballots being examined by the Speakers of both Houses, in the presence of the members, the Honorable Gunning Bedford, Junior, John Vining, John Patten, Thomas Rodney, and William Peery, Esqs., are declared duly elected.
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MINUTES OF COUNCIL.
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ПРИПОД ВО РАТЦИН
OK,
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
[The manuscript of the Minutes of the Council for the session commencing January 3, and ending February 3, 1786, is not in the State archives. From the printed Journal of the House of Assembly it is found that the session was adjourned to the 23d of May. The following is a list of the acts passed during the October and January sessions] :
I. "An act for the more effectual preservation of all such ships, or other vessels, and the goods thereof, as shall be forced on shore or stranded upon the coasts of this State, and for other purposes therein mentioned;"
2. "An act to supply the defect occasioned by the loss of certain articles of agreement made between John Brinkle, late of Kent County, since deceased, and James Partridge, of New Castle County, for the exchange of their lands, &c., in the respective counties aforesaid;"
3. "An act to enable the present Trustee of the Loan Office of New Castle County to convey unto Joseph Dickinson, of the said county, his heirs and assigns, a certain tract or parcel of land purchased by the said Joseph of the late Trustees of the said office;"
4. "An act for the recovery of the sum of one thousand five hundred and fifty-three pounds eighteen shillings and six pence, due from the estate of John Vining, Esquire, deceased, formerly one of the Trustees of the Loan Office for the County of Kent;"
5. "An act for the appointment of rangers and regulation of strays;"
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MINUTES OF THE COUNCIL-1786.
6. "An act to enable the owners and possessors of the tract of meadow, marsh and cripple, situate at Swanwick, in the Hundred and County of New Castle, to keep the banks, dams, canals, sluices and flood-gates in repair;"
7. "An act for devising and establishing seals to be made use of by divers officers in the respective Counties of this State;"
8. "An act to incorporate the President, Directors and Com- pany of the Bank of North America;"
9. "An act to invest the United States, in Congress assem- bled, with powers for the regulation of commerce for the term of fifteen years;"
10. "An act for continuing the powers of sundry Collectors;"
II. "An act to establish certain free ports within the Delaware State and for the encouragement of commerce."
MEMBERS' NAMES.
FOR NEW CASTLE COUNTY :
THOMAS MCDONOUGH, GEORGE CRAGHEAD, GEORGE READ.
FOR KENT COUNTY :
SILAS SNOW, JAMES TILTON, JOHN BANING.
FOR SUSSEX COUNTY :
JOSHUA POLK, HENRY NEILL, DANIEL POLK.
STEPHEN SYKES, Clerk Pro. Tem.
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VOTES AND PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL,
HELD AT DOVER, MAY 29TH, A. D. 1786.
A sufficient number of members to compose a House not attending, the Council adjourned from day to day until Friday, the second day of June, 1786.
FRIDAY, 2d June, 1786, A. M.
The following members appeared in Council, viz :
For New Castle County-Thomas McDonough, George Crag- head.
For Kent County-Silas Snow, James Tilton, John Baning.
And the said members being so met, it appearing that the Clerk of the Council, James Sykes, Esq., from his indisposition, was unable to attend at this time, the Council proceeded to the choice of a Clerk pro tempore, and Stephen Sykes was unani- mously chosen.
Stephen Sykes appeared in the Council, took the oath and sub- scribed the declaration prescribed by the twenty-second article of the Constitution of this State, and also took the oath of office as Clerk of the Council. [See note on page 11.]
Mr. Craghead presented to the Chair a petition, signed by a number of the inhabitants of New Castle County, members of the Presbyterian congregation in Mill Creek Hundred, where the
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Reverend Mr. John McCreary officiates, praying leave to bring in a bill to incorporate the said congregation; as also a petition, signed by the members of the Presbyterian Church at the head of Christiana, in White Clay Creek Hundred, in the County of New Castle, praying leave to bring in a bill for the incorporation of the said congregation.
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