Minutes of the Council of the Delaware state from 1776 to 1792, V 2, Part 2

Author: Delaware. General Assembly. Senate. 1n
Publication date: 1887
Publisher: Wilmington, The Historical Society of Delaware
Number of Pages: 1226


USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 2


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Mr. Polk, being returned, reported the delivery thereof accord- ing to order.


On motion, by order,


The bill for raising twenty-three thousand six hundred and twenty-five pounds, in specie, for the service of the year one thousand seven hundred and eighty-two, was read the second time.


Adjourned till to-morrow morning at 10 o'clock.


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MINUTES OF THE COUNCIL OF


SATURDAY, A. M., November 10th, 1781.


The Council met. Present the same members as on yesterday. On motion, by order,


The bill for raising twenty-three thousand six hundred and twenty-five pounds, in specie, for the service of the year one thousand seven hundred and eighty-two, was read a third time, by paragraphs, and sundry amendments were proposed, agreed to, and ordered to be transcribed.


Mr. White, a member of Assembly, was admitted and deliv- ered to the Chair a bill entitled "An additional supplementary act to the act entitled 'An act for calling out of circulation and cancelling the quota of this State, according to the present ap- portionment, of all the Bills of Credit emitted by Congress, and for emitting and funding new bills, according to the resolutions of Congress of the eighteenth day of March last, and for other purposes.' "


Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a memorial of Captain James Moore, praying an im- mediate advance of money toward his pay, with a resolution of the House of Assembly for the payment of fifty pounds, specie, to Captain James Moore.


On motion, by order,


The bill entitled "An additional supplementary act to the act entitled 'An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, &c.,'" was read the first time.


By special order, the foregoing bill was read the second time and postponed for further consideration till the afternoon.


On motion, by order,


The memorial of Capt. James Moore, of the Delaware Regi- ment, and the resolution of the House of Assembly founded thereon, were severally read the first time.


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THE DELAWARE STATE, 1781.


By special order, the same were severally read the second time, and the said resolution was concurred in, and is in these words, viz :


"IN THE HOUSE OF ASSEMBLY,


"SATURDAY, November 10th, 1781.


"The House resumed the consideration of the memorial of "Capt. James Moore, of the Delaware Regiment, and thereupon


"Resolved, That the Speakers of both Houses of the General "Assembly draw an order on the State Treasurer for the pay- "ment of fifty pounds, specie, to the said Capt. Moore, he to be "accountable.


"Extract from the minutes.


"JAS. BOOTH, Cl'k of Assembly."


A letter, addressed to the President of the State of Delaware, from William McKennan, Captain in the Regiment of this State, dated Camp near York, October 26, 1781, was opened in Council, and being read, ordered, on motion, that the same be sent to the House of Assembly, with the following verbal message, viz :


Gentlemen :


The Council judge it proper to communicate to you a letter from Capt. McKennan, respecting a detachment of the Regiment of this State under his command, whose wants require immediate attention and relief.


Ordered, That Mr. Conwell wait on the House of Assembly with the foregoing letter and message, and return the bill for raising twenty-three thousand six hundred and twenty-five pounds for the service of the year one thousand seven hun- dred and eighty-two, with the amendments proposed thereto, Capt. Moore's memorial, and the resolution of the House of Assembly, founded thereon, concurred in by the Council.


Adjourned till 3 o'clock, P. M.


£


1177


672


MINUTES OF THE COUNCIL OF


EODEM DIE, P. M.


The Council met.


Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair certain resolutions of the House of Assembly for completing the Delaware Regiment.


The same member also delivered to the Chair a petition from Joanna Holland, widow of Capt. Thomas Holland, with a resolu- tion of the House of Assembly for the payment of forty pounds, specie, to the said Joanna Holland.


The Council now proceeded to the third reading, by para- graphs, of the bill entitled "An additional supplementary act to the act entitled 'An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, &c.,'" and sundry amendments were proposed, agreed to, and ordered to be trans- cribed.


On motion, by order,


The resolutions for completing the Delaware Regiment, were read the first time.


On motion, by order,


The petition of Mrs. Joanna Holland, and the resolution of the House of Assembly, founded thereon, were severally read.


By special order, the said resolution was read the second time, concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, "SATURDAY, November 10, 1781. -


"The House took into consideration the petition of Mrs. Jo- "anna Holland, widow of Capt. Thomas Holland, of the Dela- "ware Regiment, and


"Resolved, That an order be drawn by the Speakers of both "Houses of the General Assembly on the State Treasurer in "favor of the said Joanna Holland, widow of Captain Thomas


THE DELAWARE STATE, 1781. 673


"Holland aforesaid, who was slain in the service of the United "States at the battle of Germantown, in October, 1777, for the "sum of forty pounds, specie, as so much of the half pay of the "said Capt. Holland, agreeably to a resolution of Congress of "the 24th August, 1780.


"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl' k of Assembly."


On motion, by order,


The resolutions of the House of Assembly for completing the. Delaware Regiment, were read the second time and deferred for consideration until Monday next.


On motion of Mr. John Polk, for leave of absence during the remainder of the present sessions, the same was granted to him.


Adjourned till Monday morning at 10 o'clock.


MONDAY, November 12th, 1781.


The Council met. Present the same members as on Saturday, except Mr. John Poll ..


Ordered, That Mi Baning return to the House of Assembly the bill entitled "An additional supplementary act to the act entitled 'An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, &c.,' ' " with the paper of amendments proposed thereto by the Council ; Mrs. Joanna Holland's petition, and the resolution of the House of Assembly founded thereon, concurred in by the Council.


Mr. Baning reported the delivery thereof according to order.


The Council now proceeded to the third reading, by para- graphs, of the resolutions for completing the Delaware Regi- ment, and sundry amendments were proposed, agreed to, and ordered to be transcribed.


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MINUTES OF THE COUNCIL OF


Ordered, That Mr. Cook return the foregoing resolutions and transcribed amendments to the House of Assembly, for their consideration and concurrence.


The Council now took into consideration the amendments pro- posed by them, and disagreed to by the House of Assembly, to the bill to vest in the Congress of the United States a power to levy duties of five per centum ad valorem on certain goods and merchandise imported into this State, &c., and after some time spent therein adhered to their said amendments as altered by some additional amendments now proposed.


Ordered, That Mr. Cook also return the said bill and amend- ments to the House of Assembly, for their consideration and con- currence.


Mr. Cook, being returned, reported the delivery of the several papers committed to him, according to order.


Adjourned till to-morrow morning at 10 o'clock.


TUESDAY, A. M., November 13th, 1781.


The Council met. Present the same members as on yesterday.


Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair the additional supplementary bill to the act entitled "An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, &c.," with the amendments proposed thereto by the Council, and a paper of amendments offered by the House of Assembly to the said pro- posed amendments of the Council.


The same member also delivered to the Chair certain resolu- tions of the House of Assembly respecting the officers of the Delaware Regiment.


The Council now took into consideration the amendments pro- posed by the House of Assembly to their amendments to the


675


THE DELAWARE STATE, 1781.


supplementary bill to the act entitled "An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, &c.," and after some time spent therein agreed to the same.


On motion, by order,


The resolutions of the House of Assembly respecting the offi- cers of the Delaware Regiment, were read the first time.


By special order, the same were read the second time, by par- agraphs, and some amendments were proposed, agreed to, and ordered to be transcribed.


Ordered, That Mr. William Polk return to the House of As- sembly the foregoing supplementary bill and its amendments, together with the preceding resolutions and the amendments proposed thereto by the Council, for their consideration and con- currence.


Mr. Polk reported the delivery thereof according to order.


Mr. Adams, a member of Assembly, was admitted and deliv- ered to the Chair the resolutions for completing the Delaware Regiment, and the amendments proposed thereto by the Coun- cil in part acceded to by the House of Assembly, with a paper of amendments offered by the House of Assembly to the said amendments of the Council.


The Council took into consideration such of their amendments to the foregoing resolutions as were disagreed to by the House of Assembly, and also the amendments proposed by that House to their said amendments, and after some time spent therein they adhered to their fourth amendment, receded from their seventh, and acceded to the amendments proposed by the House of As- sembly.


Ordered, That Mr. Baning return the foregoing resolutions, and the several papers of amendments proposed thereto, to the House of Assembly.


Mr. Baning reported the delivery thereof according to order. Adjourned till 3 o'clock, P. M.


004 10


IT


676


MINUTES OF THE COUNCIL OF


EODEM DIE, P. M.


The Council met.


Mr. Vandyke, a member of Assembly, was admitted and de- livered to the Chair a resolution of the House of Assembly for the payment of one hundred pounds to each of the Delegates from this State to Congress, and the following verbal message, viz :


"Gentlemen :


"The Assembly propose to your honorable House that both "Houses meet in the Council Chamber, at five o'clock this "afternoon, to receive the answer of John Dickinson, Esq., as "to his acceptance of the office of President and Commander-in- " Chief of this State, to which he has been elected ; and also to "appoint, by ballot, persons to supply two vacant ensigncies in "the Delaware Regiment.


"Tuesday, 13th Nov., 1781."


On motion, by order,


The resolution of the House of Assembly for the payment of one hundred pounds to each of the Delegates from this State to Congress, was read the first time.


By special order, the same was read the second time and con- curred in, and is in these words, viz :


" IN THE HOUSE OF ASSEMBLY, "TUESDAY, November 13, 1781.


" On motion,


"Resolved, That the Speakers of both Houses of the General "Assembly draw their order on the State Treasurer in favor "of the Honorable Thomas Rodney, Nicholas Vandyke, and "Thomas Mckean, Esquires, the Delegates from this State to "Congress, for the sum of one hundred pounds each, the said


"Delegates respectively to be accountable.


"Extract from the minutes. JAS. BOOTH,


"Sent for concurrence.


Cl'k of Assembly."


677


THE DELAWARE STATE, 1781.


Ordered, That Mr. Conwell return the foregoing resolution, concurred in by the Council, and deliver to the House of Assem- bly the following answer from the Council to their verbal message of this day, viz :


Gentlemen :


The Council will be ready to receive your honorable House, according to your proposal, in the Council Room, at five o'clock this afternoon.


Mr. Conwell now reported the delivery of the foregoing reso- lution and message to the House of Assembly, according to order.


Previous to the meeting of the General Assembly in the Coun- cil Chamber, agreeable to the order of the day, Mr. Dickinson arose and took his leave of Council, in consequence of his ap- pointment to the office of President, in the following words, viz :


"Mr. Speaker : I am now to take my leave of you and the "other gentlemen of the Council, as a member of this body ; "but, before I go, I beg permission to return my thanks to you "and them, for the very attentive and respectful treatment I "have received, while I have had a seat here.


"You, gentlemen, are witnesses, with how much reluctance I "have been separated from you. I expected, intended, and "should have been perfectly contented, to have continued among "you, if such had been the pleasure of the General Assembly ; "but, in whatever station I serve the State, or wherever I may "be, I desire you all, gentlemen, to be assured, that I ever "shall retain a grateful and affectionate remembrance of your "behavior towards me, and I pray Heaven to bless every one of "you, in your public and private capacities."


The House of Assembly met the Council in the Council Cham- ber, agreeable to the order of the day, to receive the answer of John Dickinson, Esquire, as to his acceptance of the office of President of this State, to which he had been elected. Where- upon Mr. Dickinson arose and addressed the General Assembly on the subject of his appointment to the said office in the follow- ing pathetic speech, viz :


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MINUTES OF THE COUNCIL OF


"Gentlemen of the General Assembly :


"I thank you for the honour you have conferred upon me, by "electing me President of this State. The post, itself, I do not " think so great an honour, as the manner in which you have be- "stowed it. That conveys a proof of your esteem, which I feel "to be very valuable and powerful. I give up my inclination for "a retired life, to which I am called by so many and such weighty " considerations, to your pleasure.


"One apprehension I cannot dismiss, that I shall not be able "to fill the station to which I am appointed, so advantageously "as I wish, or as you may perhaps expect. I will try to com- "pensate for deficiencies in other respects, by my integrity, at- " tachment to the common cause, and the love of my country, to " which shall be added all the application my health will bear; yet "still, I must request your favorable interpretation of my con- "duct, and rely, in a great measure, for success on your support.


"Any mistakes I may commit will be of my judgment, never "of my intention, and I confide in the candour of my country- "men, that circumstances, unavoidable in the present arduous "contest, will not be imputed to errors in administration.


"What laws, now in force, are to be altered or repealed, and "what new ones are to be made, it will be your business, gentle- "men, to determine. It will be mine to see those which the "wisdom of the Legislature approves effectually carried into "execution.


" If, in my attempts to discharge this complicated duty, any "part of it escapes my attention, I ask, and shall at all times "gratefully receive your advice or information.


"As it does not appear to me inconsistent with this duty, so it "will be a pleasing employment to consult the ease of the good "people of the State, as far as can be done without weakening "our exertions in maintaining this just and necessary war, which "men of sense and virtue cannot desire.


"May a happy harmony, in sentiment and measures, so bene- "ficial to society, always prevail among us, or, if there must be "division, let it only be between those who generously contend " for the freedom, independence and prosperity of their country, "and such as weakly wish for a dangerous and dishonorable sub-


THE DELAWARE STATE, 1781. 679


"mission to enemies so infatuated as to hate where they ought "to admire, and to provoke their own and pursue the ruin of "these States, though nature and policy point out that we should "be blessings one to the other.


" Above all things, gentlemen, let us seriously endeavor to re- "commend ourselves and our cause to the adorable Providence "that has so graciously conducted us thus far, through a wilder- "ness of difficulties, and made, as it were, the sea to give way "before us ; and therefore let us more and more promote a spirit "of benevolence, equity and liberality, and heartily join together "in discouraging every kind of vice and immorality, being as- "sured that 'Righteousness exalteth a nation, but Sin is a re- "proach to any people.' "


On motion,


Resolved unanimously, That a certificate of the appointment of John Dickinson, Esquire, to the office of President of this State, signed by the Speakers of the two Houses, and sealed with the Great Seal of the State, be made out and delivered to Mr. President.


On motion,


Resolved, That the Speaker of the Council be authorized to administer as well the qualification of allegiance and declaration of faith, prescribed by the twenty-second article of the Constitu- tion of this State, to the Honorable John Dickinson, Esquire, as the following oath of office, to wit :


"I, Jolm Dickinson, do affirm that I will well. and truly, ac- "cording to the best of iny abilities and judgment, execute the "office of President of the Delaware State agreeable to the Con- "stitution and Laws thereof."


Then the General Assembly proceeded to the nomination of persons to be balloted for to supply two vacant ensigncies in the Delaware Regiment, when two persons were named for the con- sideration of the General Assembly.


Whereupon the General Assembly, there being no more than two persons nominated to fill the said vacancies, proceeded to the ballot, and it appeared that John Vaughn and John Platt were declared duly elected to fill the said vacancies.


680


MINUTES OF THE COUNCIL OF


On motion,


Resolved, That the said John Vaughn be considered as the first in rank.


On motion,


Resolved, That the General Assembly now separate.


Then the House of Assembly withdrew.


Mr. Duff, a member of Assembly, was admitted and delivered to the Chair the certificate of the appointment of John Dickinson, Esquire, to the office of President of this State, in order to be signed by the Speaker of the Council ; which was accordingly done ; and the said certificate was returned by the same member, in order to be signed by the Speaker of the House of Assembly.


The bill for aiding the discontinuance of the process in the Court of General Quarter Sessions in Sussex County, being en- grossed, was read, compared, and ordered to be sent, with the original bill, to the House of Assembly, for comparison, and to be signed by the Speaker of the House of Assembly, by Mr. Cook;


Who, being returned, reported the delivery thereof according to order.


On motion,


WHEREAS Congress, by their proclamation dated the - day of -, have recommended to the several States to set apart Thursday, the thirteenth day of December next, to be observed. as a day of public Thanksgiving and Prayer ; therefore


Resolved, That the thirteenth day of December aforesaid be set apart throughout this State as a day of public Thanksgiving and Prayer to Almighty God for the purposes in the above-re- cited proclamation of Congress mentioned, and that the Presi- dent be requested to publish the same by proclamation.


Ordered, That Mr. William Polk deliver the foregoing reso- lution to the House of Assembly, for consideration and concur- rence.


Mr. Polk reported the delivery thereof according to order.


Mr. Read, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of the House of Assembly for affix-


68 I


THE DELAWARE STATE, 1781.


ing the Great Seal to four laws passed this session, together with the said laws, respectively signed by the Speaker of the House of Assembly, in order to be compared and signed by the Speaker of the Council, and the several original bills and amendments.


The same member also delivered to the Chair the certificates of the appointment of John Dickinson, Esquire, to the office of President of this State, respectively signed by the Speakers of both Houses, in order that the same may be delivered by the Speaker of the Council to Mr. President ; and also the following orders, to be signed by the Speaker of the Council, viz :


To Thomas Rodney, Nicholas Vandyke, and Thomas


Mckean, Esquires, Delegates from this State to


Congress, £100 cach, . £ 300 0 0


To Colonel David Hall, 100 0 0


To Lieutenant Joseph Vaughn, 100 0 0


To Major John Patton, 7500


To Capt. Peter Jacquet, .


100 0 o


To Capt. Robert Kirkwood,


100 0 0


To Capt. James Moore,


60 0 0


To Capt. John Learmonth,


60 0 0


To Capt. John Wilson, 60 0 0


To Capt. Daniel Powell Cox, 60 0 0


To Capt. George Parvis, 60 0 0


To Lieut. Charles Kidd, 40 0 0


To Lieut. James Campbell, 40 0 0


To Lieut. Joseph Horsman,


40 o


To Lieut. Elijah Skillington, 40 0 0


To Lieut. Edward Roche,


40


To Lieut. Henry Duff,


40 0


To Lieut. Thomas Anderson, To Doct. Reuben Gilder, 60 0


40 o


To Ensign Stephen McWilliam, 30 0 0


To Mr. John Vaughan,


30 00


To Mr. John Platt, 30 0 0


To Mrs. Joanna Holland,


40 0 0


£ 1545 0 0


Whereupon the said orders were directed to be signed by the Speaker of the Council ; which was accordingly done.


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MINUTES OF THE COUNCIL OF


On motion, by order, the several foregoing bills, respectively + signed by the Speaker of the House of Assembly, were read and compared, and directed to be signed by the Speaker of the Coun- cil ; which was done accordingly.


On motion, by order,


The resolution of the House of Assembly for affixing the Great Seal to the foregoing bills, was read and concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, November 13, 1781.


" On motion,


"Resolved, That the President and Commander-in-Chief affix "the Great Seal of the State to the following laws, to wit :


I. "An act for raising twenty-three thousand six hundred and twenty-five pounds, in specie, for the service of the year one thousand seven hundred and eighty-two ;"


2. "An act to vest in the Congress of the United States a power to levy duties of five per centum ad valorem .on certain goods and merchandise imported into this State, and on prizes and prize goods condemned in the Court of Admiralty thereof, and for appropriating the same ;"


3. "An act for aiding the discontinuance of the process in the Court of General Quarter Sessions of the Peace and Goal De- livery in the County of Sussex ;"


4. "An additional supplementary act to the act entitled 'An act for calling out of circulation and cancelling the quota of this State, according to the present apportionment, of all the Bills of Credit emitted by Congress, and for emitting and funding new bills, according to the resolutions of Congress of the eigh- teenth day of March last, and for other purposes,' passed at New Castle, on the twelfth day of February, one thousand seven hun- dred and eighty-one."


"Extract from the minutes. JAS. BOOTH, "Sent for concurrence, Cl'k of Assembly."


Mr. Vandyke, a member of Assembly, was admitted and de- livered to the Chair the resolution of the Council for appointing


683


THE DELAWARE STATE, 1781.


Thursday, the thirteenth day of December next, to be observed as a day of Thanksgiving and Prayer, with the concurrence of the House of Assembly thereto.


The same member also delivered to the Chair the resolutions of the House of Assembly for completing the Delaware Regi- ment, with the amendments proposed thereto by the Council acceded to by the House of Assembly.


The same member also delivered to the Chair a resolution of the House of Assembly empowering the President to draw for money for contingent services; and also certain resolutions of the House of Assembly for the pay and clothing of the Delaware Regiment.


The same member also delivered to the Chair a resolution of the House of Assembly for the payment of one hundred pounds to William Millan, together with an order, signed by the Speaker of the House of Assembly, for thirteen hundred pounds, specie, in favor of George Craghead, Esq., the Clothier-General of this State, in order to be signed by the Speaker of the Council.


On motion, by order,


The resolutions of the House of Assembly respecting the offi- cers of the Delaware Regiment, as amended, were .read and con- curred in, and are as follows, viz :*


On motion, by order,


The resolution empowering the President to draw for money for contingent services, was read, concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, "TUESDAY, November 13, 1781.


"On motion,


"Resolved, That his Excellency, the President and Com- "mander-in-Chief of this State, be and he is hereby empowered "to draw his orders on the State Treasurer for any sum, not ex- "ceeding one thousand pounds, in order to defray expenses for




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