USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 20
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The committee appointed to prepare a message to the House of Assembly in answer to a message received from that House on the subject of the bill for printing and emitting twenty-one thousand pounds, &c., in which first mentioned message the reasons and principles upon which Council do reject the said bill were to be expressed, now laid one on the table; which was read.
On motion, by special order, the said message was read a second time.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met. Present all the members, except Mr. Joshua Polk and Henry Neill.
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THE DELAWARE STATE, 1786.
Some amendments being proposed to the message from Coun- cil to the House of Assembly in answer to their message of yes- terday and agreed to,
Ordered, That the same be transcribed and sent to the House of Assembly.
Ordered, That Mr. Polk wait upon the House of Assembly with the following verbal message:
"That the President's Message of the ninth instant, accompa- nied with Secretary Thompson's letter of the first of April last, mentioned a copy of the Journal of Congress. The Council wish to have a view of them for information relative to some business now under their consideration."
Who, being returned, reported the delivery thereof according to order.
Mr. Garrett, a member of the House of Assembly, attending, was admitted and delivered the following verbal message, which was read, and follows:
Gentlemen :
The House of Assembly propose to your honorable House, that both Houses meet, at six o'clock this evening, in the Coun- cil Chamber, for the purpose of putting into nomination persons, out of whom one shall be elected by ballot, to fill the vacancy occasioned by the death of Richard Lockwood, Esq., one of the Justices of the Court of Common Pleas and Orphans' Court for the County of Kent.
It appears to this House, that the accounts exhibited on behalf of this State against the United States, cannot be adjusted for want of vouchers produced to authenticate, support, and explain the said accounts; and the Commissioner heretofore appointed by this State for that purpose, conceiving that he hath completed the duties of his appointment, hath declined taking any further measures on this subject. In order, therefore, to effectuate a speedy completion of that business, this House propose to meet the Council at the time and place above mentioned, for the nomi- nating of persons for the purpose of electing thereout a Commis- sioner to procure sufficient, or the best attainable vouchers, to support the accounts of this State against the United States, and
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for transacting, with the Commissioner of the said United States, all the necessary business relative to this important object.
Ordered, That Dr. Tilton wait upon the House of Assembly with the bill for printing and emitting twenty-one thousand pounds, &c., with the three petitions, praying relief from the dis- tresses occasioned by the scarcity of money, as also the message from Council to the House of Assembly in answer to a message from that House respecting the said bill for printing and emit- ting, &c .;
Who, being returned, reported the delivery thereof according to order.
A MESSAGE FROM THE COUNCIL TO THE HOUSE OF ASSEMBLY IN ANSWER TO THEIR MESSAGE OF THURSDAY LAST.
Gentlemen :
We have considered the bill for emitting {21,000 on loan; also for suspending executions for a limited time; and after the most impartial and candid examination of it, have disagreed thereto.
We will not take up your present time with long and defensive arguments, but will mention concisely some of the leading or principal reasons which have influenced our conduct, and hope they will be satisfactory.
We know that previous to the Revolution happy concurrence of circumstances gave an advantageous credit to our paper cur- rency, but since that period all experience serves to show that nothing short of a bank, or fund, at which paper may be ex- changed, at pleasure, for hard money, can prevent the former from depreciation.
A paper currency, issued upon the principle proposed by your honorable House, would not pass in the taxes of the State for Continental use, nor, in our apprehension, be current for any purpose whatsoever anywhere without the State, and conse- quently must fail to answer our most necessary occasions. We are therefore of opinion that instead of affording relief to the people, the measure proposed would injure the estates of indus- trious and worthy citizens, and depreciate the morals of others in the same proportion as the money itself depreciated.
The facilities to be issued from the Continental Loan Office of
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THE DELAWARE STATE, 1786.
this State, agreeable to the Tax Bill now pending with the Gen- eral Assembly, will answer most purposes of a circulating paper medium. Being payable in Continental taxes, it will of course become a currency in most cases. An additional quantity of paper money, in the opinion of Council, would so far exceed the due proportion of paper to hard money within the State, as to depreciate the facilities, and thereby deprive us of the only cir- culating paper we can, at this time, reasonably hope to establish.
Permit us, gentlemen, before we close our address, to suggest our opinion of the source of those distresses which you so feel- ingly mention; and we hope you will be persuaded of our desire to concur with you in every measure of public utility, when we have pointed out to you the means of redressing these evils which we suffer from being in debt and involved one with an- other.
This kind of distress, we conceive, can only proceed from men's living beyond their income, or speculating indiscreetly upon their neighbors' property, and but very rarely from inevi- table misfortune.
The plain and obvious means of redress' then will be a strict and uniform course of justice, and we apprehend the Legislature cannot more effectually contribute to the end proposed than by a further limitation and restriction upon book debts, and a regu- lation, as well in the form of the warrant of attorney, usually an- nexed to bonds given for payment of monies, as of the manner used in proceeding thereon. in the courts of justice, for that in their present form and use they have tended rather to create an artificial credit than otherwise. THO. MCDONOUGH.
A VERBAL MESSAGE FROM THE COUNCIL TO THE HOUSE OF ASSEMBLY.
Gentlemen :
The Council agree to the propositions contained in the verbal message from your honorable House of Saturday afternoon, to meet in the Council Chamber for the purpose of putting into nomination persons as well to fill the vacant seat on the bench of the Common Pleas Court in the County of Kent, as also a Com- missioner of the Public Accounts of this State against the United States. Council therefore propose the hour of seven, this after- noon, for the purpose aforesaid.
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Mr. Emmerson, a member of the House of Assembly, attend- ing, was admitted and delivered to the Chair the following papers: Resolutions appointing Commissioners, &c., the paper of amend- ments proposed thereto by the Council, and also a paper of amend- ments and an additional amendment by the House of Assembly.
Adjourned to 10 o'clock on Monday morning.
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MONDAY, June 18th, 1786, A. M.
Council met and adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met. Present the same members, except Mr. Joshua Polk.
Mr. Neill now appeared in Council and took his seat, having first informed Council that he was unable to attend sooner on account of his indisposition; he is therefore excused.
The Speaker having received the following papers: The bill entitled "An act for raising twenty-one thousand pounds for the service of the year one thousand seven hundred and eighty-six," the paper of amendments proposed by Council to the said bill, to many of which said amendments the House of Assembly do disagree, with a paper of additional amendments proposed by the House of Assembly to the aforesaid bill, now laid them on the table.
The amendments proposed by Council to the said bill, and those amendments proposed by the House of Assembly, were read.
Adjourned to 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1786.
TUESDAY, June 19th, 1786, A. M.
Council met according to adjournment, and went into the con- sideration of such of their amendments proposed to the bill enti- tled "An act for raising 21,000 pounds, &c.," as were disagreed to by the House of Assembly, and after some time spent therein, Council adjourned until three o'clock this afternoon.
EODEM DIE, P. M.
Council met. Present the same members.
On motion, by order,
The verbal message proposed to be sent to the House of As- sembly on Saturday last from Council, but was prevented by the adjournment of that House, be postponed until the passing of the bill for raising {21,000 for the service of the year 1786 by Council.
Council then proceeded to the further consideration of their amendments proposed to the said bill and. rejected in part by the House of Assembly, together with the amendments proposed by the House of Assembly to said bill; and upon the question to agree to the following amendment proposed to their 45th original amendment, viz:
"When and as soon as he shall have received, under this act, any greater sum in specie than five thousand six hundred and ten pounds fifteen shillings, the one-third of the remaining moiety of the eight million of dollars aforesaid, he is hereby authorized and required to exchange, without fee or reward therefor, any such interest certificates aforesaid that may be brought to him for that purpose, paying the amount thereof in specie to the bearer out of any such overplus proportion, and that at any time between the passing of this act and the 31st day of May next."
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The yeas and nays were required by Mr. Tilton, which were as follows, viz:
Yeas-Mr. Craghead, Mr. Read, Mr. Snow, Mr. Baning, Mr. Neill, Mr. D. Polk.
Nay-Mr. Tilton.
An amendment was proposed by Council to their 46th original amendment, viz:
"That in case of the refusal of the Commissioner of the Con- tinental Loan Office for this State to issue certificates of interest due on Loan-Office certificates issued from the office of this State, and other liquidated debts of the United States due to the in- habitants of this State, the President be directed to issue his summons for calling the General Assembly together, at Dover, to take under their notice and determine upon such refusal or neglect."
The question being put, "Will the same be agreed to?" the yeas and nays were required by Mr. Tilton, and were as follows :
Yeas-Mr. Craghead, Mr. Read, Mr. Baning, Mr. Daniel Polk.
Nays-Mr. Snow, Mr. Tilton.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, June 21st, 1786, A. M.
Council met and adjourned to 3 o'clock.
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THE DELAWARE STATE, 1786.
EODEM DIE, P. M.
Council met. Present the same members.
Mr. Shankland, a member of the House of Assembly, at- tending, was admitted and delivered to the Chair the following papers, viz: A supplementary bill to the act for calling in and destroying the Bills of Credit, &c .; a memorial of Simon W. Wilson; which said papers were read.
Mr. Read, appointed yesterday to prepare a message to the House of Assembly, now laid one on the table; which was read.
Adjourned until 10 o'clock to-morrow morning.
THURSDAY, June 22d, 1786, A. M.
Council met according to adjournment.
Mr. Patten, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following papers, viz: Resolutions for negotiating a loan from the bank; a mes- sage from the President to the General Assembly; a resolution respecting an adjournment; with a copy of the continuation of the Journals of Congress from the 3d of March last to the 2d in- stant, and a copy of the Treaty of Amity and Commerce lately concluded between the United States of America and his Majesty the King of Prussia, mentioned in the said message from the President; which said papers were read.
The Council now went into the consideration of the message proposed to be sent to the House of Assembly, and after some time spent therein the same was agreed to.
Upon the question to agree to the same, the yeas and nays were required by Mr. Tilton, and are as follows:
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Yeas-Mr. Craghead, Mr. Read, Mr. Snow, Mr. Neill, Mr. D. Polk, Mr. Baning:
Nay-Mr. Tilton.
So it passed in the affirmative.
Ordered, That Mr. Craghead wait upon the House of Assem- bly with the following papers, to wit: The bill entitled "An act for raising twenty-one thousand pounds for the service of the year 1786, with the first paper of amendments proposed thereto by Council and still adhered to; the second paper of amendments proposed to the said bill by the House of Assembly, and also with a third paper of amendments proposed by the Council to some of their original amendments to said bill, with the above mentioned message from Council to the House of Assembly; and also with resolutions ascertaining the duty of Commissioners of the Continental Loan Offices; a letter of Secretary of Congress, dated 15th October, 1785, with resolutions of Congress of Sep- tember, 1782, and October 12th, 1785.
Mr. Craghead, being returned, reported the delivery thereof according to order.
On motion, by order,
The supplementary act to an act entitled "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 outstanding, and for other purposes therein mentioned," was read a second time.
Ordered, That Mr. D. Polk wait on the House of Assembly with the following verbal message:
A MESSAGE FROM THE COUNCIL TO THE HOUSE OF ASSEMBLY. Gentlemen :
The Council had deliberated upon and acceded to the proposi- tion contained in the verbal message from your honorable House of Saturday afternoon, and were preparing to transmit the same, when a member of your honorable House informed Council of their adjournment for the day; since which Council acted upon the tax bill in such way that, in their opinion, another vacancy in a public office, to wit: that of State Treasurer, may be necessary
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THE DELAWARE STATE, 1786.
to be supplied by nomination and ballot. Therefore it is that Council now declare their readiness to meet the House of As- sembly for the purpose of putting into nomination persons to supply any vacancies necessary to be filled by the choice of the General Assembly generally, or in conjunction with his Excel- lency, the President, at any time and place which your honorable House may propose.
Mr. D. Polk, being returned, reported the delivery of the above message to the Speaker of the House of Assembly.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met. Present the same members.
Ordered, That Mr. Snow wait upon the House of Assembly with the following papers: Resolutions appointing Commission- ers, &c .; first paper of amendments proposed thereto by Council and a second paper of amendments proposed by House of As- sembly, and a resolution of Council respecting the canal business;
Who, being returned, reported the delivery thereof according to order.
Mr. Clark, a member of the House of Assembly, attending at the door, was admitted and delivered to the Chair a message from the House of Assembly to Council, which follows in these words:
A MESSAGE TO THE COUNCIL FROM THE HOUSE OF ASSEMBLY. Gentlemen :
The House of Assembly have taken into consideration the several amendments proposed to the bill entitled "An act for raising £21,000 for the service of the year 1786," and also the message from your honorable House containing the reasons upon which you proposed and still adhere to your amendments; but as the session draws near to a conclusion, time will not permit us
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to state to the Council the principles which induce this House to reject divers of your amendments, yet, from a conviction of the necessity of giving efficacy to a bill so essentially requisite to the honor of the State and the dignity of the Federal Govern- ment, this House are desirous of adopting the most conciliatory and speedy measures to effect a concurrence of sentiment, and therefore propose to the Council a committee of conference on the subject matter of the disputed amendments, and have ap- pointed Mr. Bedford, Mr. Patten, and Mr. Mitchell conferees on the part of this House.
Signed by order of the House of Assembly,
THOMAS DUFF, Speaker.
On motion of Mr. Tilton,
That this House appoint a committee of conferees to confer with the committee of the House of Assembly on the subject matter of the amendments proposed by Council to the bill for raising {21,000 for the service of the year 1786, and divers of them disagreed to by the House of Assembly before the Council shall be in possession of the reasons the House of Assembly had for such disagreement; .
And the question being put, the yeas and nays were desired by Mr. Tilton, and are as follows, viz:
Ycas-Mr. Snow, Mr. Tilton, Mr. Baning.
Nays-Mr. Read, Mr. Neill, Mr. D. Polk.
The House being divided, Mr. Speaker gave his voice against the motion, and it was determined in the negative.
Adjourned to 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1786.
FRIDAY, June 23d, 1786, A. M.
Council met. Present the same members as yesterday.
Ordered, That the motion and resolution of the Council res- pecting the appointment of a committee of conferees to confer with the committee of the House of Assembly on the subject of the amendments proposed by the Council to the tax bill, before Council should be in possession of the reasons the House of Assembly had for such disagreement, be transcribed and sent to the House of Assembly, together with the following message from Council to the House of Assembly :*
Mr. Neill is appointed to deliver the said transcribed motion and resolution and the said message; who, being returned, re- ported the delivery thereof accordingly.
Mr. Mitchell, a member of the House of Assembly, attending, delivered to the Chair a bill for the suppression of idleness, vice, and immorality; which said bill was read.
On motion, by order,
The resolutions for negotiating a loan from the bank were read a second time, and after some time spent in the consideration thereof the same was rejected.
Ordered, That the same be returned to the House of Assem- bly. Said resolutions follow in these words:
IN THE HOUSE OF ASSEMBLY, June 21, 1786. .
Resolved, That be and are hereby appointed Commissioners on behalf of this State to negotiate a loan with the President, Directors, and Company of the Bank of North America, for any sum not exceeding fifteen thousand pounds, to be repaid in annual installments, to commence from the expira- tion of one year from the receipt of such money, on such terms and conditions as they shall think most advantageous to the interest of this State; and the said Commissioners are hereby authorized and empowered to pledge the faith and honor of this
* This message is omitted by the Clerk.
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State for the repayment of the said sum, with an annual interest of six per centum on the same, till the whole principal is re- funded, with the accruing interest thereon. .
And the said Commissioners are further authorized and em- powered to pledge the faith of this State (if the said President, Directors, and Company aforesaid should think it necessary,) that this State will pass a legislative act confirming any contract so entered into by their said Commissioners, and making pro- vision therein for the repayment of the said money on the terms and conditions that may be agreed upon between the said Com- missioners and the President, Directors, and Company aforesaid.
Extract from the secret journals, the members of the House of Assembly having been enjoined to secrecy respecting the preced- ing resolution.
JAS. BOOTH, Cl'k of Assembly.
Sent for concurrence.
Thus acted upon in Council, June 23, 1786. Read, considered and rejected.
STE. SYKES, Cl'k of Council P. T.
The Council adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met. Present the same members.
Mr. Nixon, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following papers, viz: Resolutions appointing Commissioners, &c .; a resolution of Council respecting the canal business ; with the paper of amendments proposed by the Council to the resolutions of the House of Assembly respecting the appointment of Commission- ers, &c., on the trade of the United States, with the following message to the Council from the House of Assembly :*
* Omitted by Clerk.
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THE DELAWARE STATE, 1 786.
On motion, the said message is referred to a committee of two, viz: Mr. Read and Mr. D. Polk, to report thereon, who are to state the reasons of Council for receding from their deter- mination respecting the proposal of appointing a committee of conferees to confer on the subject matter of the amendments pro- posed to the tax bill.
On motion,
Ordered, That Mr. Read, Mr. Neill, and Mr. Baning be a com- mittee of conferees to confer with the committee of the House of Assembly on the subject matter of the amendments proposed by Council to the bill for raising {21,000 for the service of the year 1786, and divers of them disagreed to by the House of Assembly.
Adjourned to 9 o'clock to-morrow morning.
SATURDAY, 24th June, 1786, A. M.
Council met. Present the same members.
The committee appointed to prepare an answer to the message from the House of Assembly to Council, and to whom the said message was referred to report thereon, now laid on the table the following message; which, by order, was read; the same, by special order, was read a second time and agreed to, in these words :*
The supplementary bill to the act for calling in and destroying the Bills of Credit, &c., was now read a third time, and an amend- ment being proposed and agreed thereto,
Ordered, That Mr. Tilton wait upon the House of Assembly with the said bill and paper of amendment, with the memorial of Simon W. Wilson.
Mr. Tilton, being returned, reported the delivery. thereof ac- cording to order.
* Omitted by the Clerk.
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The bill for the suppression of vice and immorality, was now read a second time, and some amendments proposed thereto and agreed to.
Ordered, That the said amendments be transcribed and sent, with the said bill, to the House of Assembly for their considera- tion and concurrence.
Ordered, That Mr. Snow wait upon the House of Assembly with the said bill and the paper of amendments proposed by Council thereto;
Who, being returned, reported the delivery, &c.
Ordered, That the resolution of Council yesterday afternoon respecting the appointment of conferees to confer with the com- mittee of the House of Assembly on the subject matter of the amendments proposed by the Council to the bill for raising £21,000 for the service of the year 1786, be transcribed and sent to the House of Assembly; which was done, and, with the above message from Council to the House of Assembly, sent to the House of Assembly.
Ordered, That Mr. D. Polk wait upon the House of Assembly with the above resolution and message;
Who, being returned, reported the delivery thereof according to order. -
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met. Present the same members.
The committee of conferees appointed to confer with the com- mittee of the House of Assembly on the subject matter of the amendments proposed by Council to the bill for raising £21,000 for the service of the year 1786, now made their report, to which Council agreed.
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THE DELAWARE STATE, 1786.
On motion,
Ordered, That the said bill be transmitted to the House of Assembly, together with the paper of amendments, as also with the paper of amendments proposed by the committee of con- ferees.
Ordered, That Mr. Craghead wait upon the House of Assem- bly with the aforesaid bill and several papers of amendments pro- posed thereto;
Who, being returned, reported the delivery thereof according to order.
On motion, that the sense of Council be taken whether Mr. Tilton have' leave to enter at large upon the minutes of Council his reasons for disagreeing to sundry amendments proposed by Council to the bill for raising £21,000, &c., and for protesting against a message from the Council to the House of Assembly of the 22d instant, agreeable to leave then had and obtained of Council; and the question being put, it was resolved in the affirmative.
Whereupon Mr. Tilton laid on the table a paper exhibited as containing his reasons for his disagreement and protest, which follows in these words:
Ist. Because the end proposed by the first amendment, for increasing the sum to be raised, and all the numerous amend- ments dependent thereon, is allowable in another way, and more to the advantage of the State. Instead of paying one-third of the requisition of the 4th of September, 1782, in specie, agree- ably to the intention of this amendment, it is admitted the whole might be paid in facilities. By a separate provision then for this requisition, such as we have reason to believe the House of As- sembly intend, our tax laws would be more simple and easily executed, more facilities might be brought into circulation, and as their value would be enhanced, they would circulate more currently and be of greater public utility; and in proportion as this State is enabled easily and speedily to comply with the requisitions of Congress, the Federal Government will be bene- fited.
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