USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 21
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2d. Because the Articles of Confederation expressly declare that the proportion of taxes to be raised by each State in the
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support of the Federal Government, shall be laid and levied by the authority and direction of the Legislatures of the several States, within the time agreed upon by the United States in Congress assembled; and the United States have required the Legislatures of each State in the Union, to provide, in the act complying with their requisition of the 27 Sept., 1785, that, if on the first day of January, 1787, the said State's quota of facili- ties shall not be in the hands of the State Treasurer, or other proper officer, the deficiencies shall be collected and paid into the Continental Treasury, in specie; therefore the 44th amendment for postponing the completion of this collection until the 31st May, 1787, cannot be considered as a compliance with the said requisition, and this circumstance of time must be regarded as essential to the requisition, and not as a mere matter of form, as was alleged and maintained in Council.
3d. Because the 45th amendment, for authorizing and requir- ing the State Treasurer to exchange specie for facilities is contrary to the spirit and letter of the requisition with which our act is intended to be a compliance. This amendment will also have a manifest tendency to depreciate the facilities, and, if adopted, must prove injurious to the honor and interest of the State, by opening a partial and dangerous speculation at the State Trea- sury.
4th. Because the 46th amendment, in its original form, to enable the President with the advice of the Privy Council to suspend the operation of the tax laws, as well as in the amended form in which it now stands, to enable the President with the advice of the Privy Council to summon the General Assembly for the express purpose of taking cognizance of officers appointed by Congress, and accountable to them alone, must be considered as manifestly tending to an incroachment on the just rights and prerogatives of Congress, engaged for by the plighted faith of this State through their Delegates in Congress assembled. It also behoves Council to have a due regard to the honor of this State, by a strict conformity to the requisitions of Congress, and to be seriously concerned to guard against a measure which might induce that honorable body to consider our present act as a non- compliance with, or repugnant to, their late requisitions, whereby our constituents might be deprived of the benefits hereby pro- posed and held out to them.
. 5th. Because in the message of Council to the House of As-
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sembly, with reference to the Commissioner of the Loan Office in this State, for not having issued interest certificates, or Loan Office certificates, and other certificates of liquidated debts, up to the end of the year 1782, to be received in discharge of taxes for fulfilling the requisition of 1784, it is said : "and what has lately happened still renders the provision in this clause the more necessary, and Council willingly hope that any jealousy that may have taken place will, by the present form of the amendment, be done away." As it was sufficiently explained to the understand- ing and conviction of the Council, previous to the sending of this message, that neither Congress nor their officers could have done more for the State than was done, and that so far as the State may have suffered an inconveniency, it must have been owing to the contingency in the death of the late Loan Officer, and neg- lect on the part of the State to procure another before an entire change took place in the system for conducting the Continental Treasury, whereby it became impracticable to afford relief to the State, but by a speedy compliance with the requisition of 1785. It therefore becomes the duty of this dissentient to declare and protest, that language importing jealousy or distrust of Congress, or their officers, is without foundation, altogether unmerited by the officers of Congress, and when adopted by Council tends directly to disturb the harmony and impair the mutual confi- dence which ought to subsist between this State and the United States. J. TILTON.
Upon the entry of the papers delivered by Doctor Tilton, as aforesaid, it was thereupon observed to the House that the facts as stated therein, to which his reasons referred, were misrepre- sented and not truly stated.
Whereupon it was moved by Mr. Read, seconded by Messrs. Neill and Craghead, separately, that the sense of Council be taken with respect to those facts, and Council proceeded thereon as follows:
The first of which facts alleged to be misrepresented is as follows, to wit: "Instead of paying one-third of the requisition of 4th September, 1782, in specie, agreeably to the intention of this amendment, it is admitted the whole must be paid in facili- ties."
The question whether this fact is truly stated being put, it was resolved in the negative.
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The second misrepresentation is as follows, to wit: "By a separate provision then for this requisition, such as we have rea- son to believe the House of Assembly intend."
The question whether this fact is truly represented being put, it was resolved in the negative.
The third, whether the following is a true representation of the facts, to wit: "The forty-sixth amendment, in its original form, to enable the President, with the advice of the Privy Council, to suspend the operation of the tax laws, as well as in the amended form in which it now stands, to enable the President, with the advice of the Privy Council to summon the General Assembly for the express purpose of taking cognizance of officers appointed by Congress and accountable to them alone."
And the question being put thereon, it was resolved in the negative.
The fourth misrepresentation is as follows, to wit: "As it was sufficiently explained to the understanding and conviction of Council, previous to the sending of this message, that neither Congress nor their officers could have done more for the State than was done."
The question whether this fact is truly represented or not be- ing put, it was resolved in the negative.
Ordered, That Mr: Neill wait upon the House of Assembly with the resolution respecting the appointment of commissioners on commercial business, &c .; who, being returned, reported the delivery thereof according to order.
Mr. McCall, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following papers, to wit: The bill for the suppression of idleness, vice, and immor- ality, with the paper of amendments proposed thereto by Council, and agreed to by the House of Assembly, and a paper of amend- ments proposed by the House of Assembly to the said bill; as also the resignation of James Tilton of the office of State Treas- urer, with the following verbal message.
VERBAL MESSAGE FROM THE HOUSE OF ASSEMBLY.
Gentlemen :
The House of Assembly having taken into consideration your
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message of Thursday last, declaring your readiness to meet this House 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, propose to meet your honorable House in the Council Chamber forthwith, for the purpose of putting in nomination persons to be balloted for to fill the offices of State Treasurer, Judge of the Court of Common Pleas and Orphans' Court for Kent County, and a commissioner to complete a set- tlement of the accounts of this State with the United States.
The said papers were read, and the amendments proposed by the House of Assembly to the said bill for the suppression of idleness, &c., were acceded to by Council.
Ordered, That Mr. D. Polk wait upon the House of Assembly with the said bill and the several papers of amendments, and in- form them that Council agree to the amendments proposed by that House to the said bill;
Who, being returned, reported the delivery thereof according to order.
The resignation of James Tilton, Esq., of his office of State Treasurer, being read, it appeared to have been thus acted upon by the House of Assembly:
IN THE HOUSE OF ASSEMBLY, June 24th, 1786.
The preceding resignation was presented to the House and read; thereupon
Resolved, That the said resignation be accepted upon condi- tion that the said James Tilton continue to discharge the duties of his said office until the tenth of July next.
JAMES BOOTH, Cl'k of Assembly.
Thus acted upon in Council, June 24th, 1786. Read and con- curred in.
STE. SYKES, Cl'k C. P. T.
The Council and the House of Assembly now met in the Coun- cil Chamber for the purpose of electing persons to fill the offices of State Treasurer, and of Judge of the Court of Common Pleas and Orphans' Court for the County of Kent, which office of
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Judge is presently vacant by the death of Mr. Lockwood; and a Commissioner to complete a settlement of the accounts of this State with the United States.
Nomination of persons for State Treasurer.
Joshua Clayton, Esquire, by George Read, Esquire. John Baning, Esquire, by John Patten, Esquire.
Nomination of persons for Judge of the Court of Common Pleas and Orphans' Court for Kent County.
Allen McLane, Esquire, by Mark McCall, Esquire. Isaac Carty, Esquire, by William Clark, Esquire. Richard Smith, Esquire, by John Patten, Esquire. Thomas White, Esquire, by John Revell, Esquire. James Bellach, Esquire, by Charles Nixon, Esquire.
Nomination for Commissioner to complete a settlement, &ºc.
Eleazer McComb, Esquire, by James Tilton, Esquire. On motion,
Ordered, That Messrs. Clark, Nixon, and Mitchell be a com- mittee to wait on his Excellency, the President, and inform him that the General Assembly will be convened in a quarter of an hour for the purpose of balloting for Judge of the Court of Com- mon Pleas and Orphans' Court for the County of Kent.
The Houses then separated for a quarter of an hour.
The committee report that they waited on his Excellency, and he was pleased to say he was in readiness to attend the General Assembly. The gentlemen of the committee.are desired to in- troduce him into the Council Chamber, who conducted him in accordingly, and he took his seat, when the Houses proceeded to the balloting for State Treasurer, and it appearing that the votes were unanimously in favor of Joshua Clayton, Esquire, as State Treasurer, he is declared to be duly elected.
Then the President and members of both Houses proceeded to ballot for second Judge of the Court of Common Pleas and Orphans' Court to supply the vacancy occasioned by the death of Richard Lockwood, Esquire, and it appearing that the votes were unanimously in favor of Richard Smith, Esq., thereupon the said Richard Smith is declared to be duly elected second
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Judge of the Court of Common Pleas and Orphans' Court for the County of Kent.
They then proceeded to ballot for third Judge of the Court of Common Pleas and Orphans' Court in the stead of Richard Smith, late third Judge of the said Court, and it appearing that the votes were unanimously in favor of Thomas White, Esquire, thereupon the said Thomas White is declared to be duly elected third Judge of the Court of Common Pleas and Orphans' Court for the County of Kent.
The President and the members of the two Houses then pro- ceeded to ballot for fourth Judge of the Court of Common Pleas and Orphans' Court in the stead of Thomas White, Esquire, and it appearing that there was a majority of votes in favor of James Bellach, Esquire, thereupon the said James Bellach is declared to be duly elected fourthi Justice of the said Court for the County aforesaid.
The two Houses now proceeded to ballot for a Commissioner to complete a settlement of accounts of this State with the United States, and it appearing that the votes were unanimously in favor of Eleazer McComb, Esquire, thereupon the said Eleazer Mc- Comb is declared to be duly elected Commissioner to complete a settlement, &c.
Mr. Patten, a member of the House of Assembly, attending, was admitted and delivered to the Chair. the following papers, to wit: "An act for raising twenty-three thousand six hundred and twenty-five pounds for the service of the year one thousand seven hundred and eighty-six;" "A 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 outstand- ing, and for other purposes therein mentioned;' " "A supple- mentary act to an act entitled 'An act to invest the Congress of the United States with the power to levy the duties, &c .; '" "An act for the suppression of idleness, vice, and immorality;" a res- olution for the payment of {60 to Jacob A. Killen, on account of printing work done for this State; a resolution for affixing the Great Seal to four laws passed the 24th June, 1786, together with the original draughts of the bills mentioned, and the several papers of amendments proposed and agreed to to the bill for raising £21,000, &c.
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The resolution for the payment of £60 to Jacob A. Killen:
IN THE HOUSE OF ASSEMBLY, June 24, 1786.
On motion,
Resolved, That the Speakers of both Houses draw an order on the State Treasurer for the payment of sixty pounds to Jacob A. Killen, on account of printing work done for this State, he to be accountable.
JAS. BOOTH, Cl'k of Assembly.
Sent for concurrence.
Thus acted upon in Council, June 24th, 1786. Read and con- curred in.
STE. SYKES, Cl'k Council pro tem.
Mr. Broom delivered a resolution of the House of Assembly for the payment of thirty-five pounds to his Excellency, the President, for his expenses in attending the General Assembly at their present session.
The said resolution was concurred in by Council; whereupon
Resolved, That an order be drawn on the State Treasurer for the payment of the said sum to his Excellency.
Which was accordingly done, and the said order signed by the Speakers of both Houses.
On motion, by order,
The resolution of the House of Assembly for affixing the Great Seal to the following bills, was read and concurred in by Council, and is as follows, viz:
IN THE HOUSE OF ASSEMBLY, June 24, 1786.
On motion, .
Resolved, That the President and Commander-in-Chief affix the Great Seal of this State to the following laws:
1. "A supplementary act to the act entitled 'An act to invest the Congress of the United States with the power to levy duties upon all goods, wares, and merchandise imported into this State
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from beyond the seas, for a limited time, and to establish a fund for the payment of interest arising on the public debt;' "
2. "An act for the suppression of idleness, vice, and immor- ality;"
3. "A 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 Gov- ernment thereof, as are now outstanding, and for other purposes therein mentioned;' "
4. "An act for raising twenty-three thousand six hundred and twenty-five pounds for the service of the year one thousand seven hundred and eighty-six."
JAS. BOOTH, Cl'k of Assembly.
Sent for concurrence.
The Council allowed the following accounts, viz:
To the Hon. Thos. McDonough, Esq., Speaker,
for 29 days' attendance and mileage, £27 2 O
To George Craghead, Esq., for 29 do. do., 19 I
To George Read, Esq., for 21 do. do., 14 2 O
To Silas Snow, Esq., for 25 do. do., I5 6 8
To James Tilton, Esq., for 24 do., 14 8
To John Baning, Esq., for 24 do.,
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0
To Joshua Polk, Esq., for 12 do. do., 8
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To Henry Neill, Esq., for 8 do. do.,
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6 0
To Daniel Polk, Esq., for 13 do. do., 9
I O
To Mr. Ste. Sykes, 24 do. as Clerk pro. tem., . 15 16 1012
To James Newnam, for 26 do. as Doorkeeper, .
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To Mrs. Elizabeth Battell, for the use of a room during this sitting, 13 0 0
£167 7 2 1/2
On motion,
Resolved, That orders be drawn on the State Treasurer, and signed by the Speaker, for the payment of the several sums aforesaid. Whereupon said orders were drawn and signed.
Council adjourned to the 20th day of October next.
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MEMBERS' NAMES.
FOR NEW CASTLE COUNTY :
GEORGE CRAGHEAD, Speaker, GEORGE READ, NICHOLAS VANDYKE.
FOR KENT COUNTY :
SILAS SNOW, JAMES TILTON, JOHN BANING.
FOR SUSSEX COUNTY :
HENRY NEILL, DANIEL POLK, ALEXANDER LAWS.
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a session of the Council convened at Dover, October 20th, 1786, 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-George Craghead, Nicholas Van- dyke.
For Kent County-Silas Snow, James Tilton, John Baning.
For Sussex County-Henry Neill, Alexander. Laws.
And the said members being so met in Council, certain inden- tures, certifying the election of Nicholas Vandyke, Esquire, a member of Council for the County of New Castle; John Baning, Esquire, a member of Council for the County of Kent; and Alexander Laws, Esquire, a member of Council for the County of Sussex, were respectively produced and read, whereby it ap- peared to the Council that they were severally duly elected to represent the said Counties as members of the Legislative Coun- cil of the Delaware State, at the last annual election held in the said Counties of New Castle, Kent and Sussex, on the second day of this instant, October, (the first day being Sunday, ) for three years next ensuing the said election.
The Council proceeded to the choice of a Speaker, and the Honorable George Craghead, Esquire, was unanimously chosen.
Mr. Baning and Mr. Laws took and subscribed the oath of
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fidelity and the declaration of faith prescribed by the Constitu- tion. [See note on page 10.]
On motion, by order,
The rules to be observed by members of Council during the sitting thereof, made and agreed to in the year 1776, were read.
Resolved thereupon, That the above mentioned rules be the Rules of this House during the present session, with this addi- tion, proposed by Mr. Tilton:
6. That from and after the first day of meeting, during the sitting of Council, it shall be the first business of every day to read, and correct (if necessary), the minutes of the preceding day.
Adjourned till 3 o'clock this afternoon.
EODEM DIE, P. M.
Council met. Present the same members as in the forenoon, except Mr. Vandyke.
Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, October 25th, A. M.
Council met. The minutes of yesterday were read.
Adjourned till 3 o'clock, P. M.
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Council met.
Mr. Vandyke took the oath of fidelity to the State and sub- scribed the same and declaration of faith, and took his seat in Council.
Mr. Read appeared in Council and took his seat.
Mr. Moore, a member of Assembly, attending, was admitted and delivered to the Chair a verbal message from the House of Assembly, which, on motion, by order, was read, and follows in these words, viz:
IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, WEDNESDAY, P. M., October 25th, 1786.
On motion,
Ordered, That Mr. Moore wait on the Council with the follow- ing verbal message:
Gentlemen :
The place of President and Commander-in-Chief of this State being now vacant, by the expiration of the term limited by the Constitution to the late President, the House of Assembly pro- pose, to the honorable the Council, that both Houses of the General Assembly meet, in the Council Chamber, to-morrow, at four o'clock in the afternoon, for the purpose of nominating per- sons, out of whom one shall be elected by ballot to be President and Commander-in-Chief of this State; and that both Houses do also, at the same time and place, nominate persons to be balloted for to represent this State in the Congress of the United States, from the first Monday in November next until the first Monday in November in the year one thousand seven hundred and eigh- ty-seven.
JAS. BOOTH, Cl'k of Assembly.
On motion, that a committee of three be appointed to bring in a bill to alter, amend, and continue the act entitled "An act for the auditing and arranging the accounts of this State, and for the more effectual settlement of the same," ordered, thereupon, that
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Messrs. Read, Vandyke, and Laws be a committee for that pur- pose.
Mr. Neill, having urgent business to transact at home, re- quested leave of absence for the remaining part of this week, which is granted.
Adjourned to ten o'clock to-morrow morning.
THURSDAY, October 26th, A. M.
Council met. The minutes of yesterday were read.
The verbal message from the House of Assembly respecting the meeting of both Houses, in the Council Chamber, at four o'clock this afternoon, in order to put in nomination persons, one of whom to be elected President and Commander-in-Chief of this State, and also persons to represent this State in the Con- gress of the United States, was read a second time and concurred in.
Ordered, That Mr. Laws wait on the House of Assembly and return the said verbal message, concurred in by Council;
Who, being returned, reported he had delivered the message according to order.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
Mr. Gordon, a member of Assembly, attending, was admitted and delivered to the Chair the following papers, viz: A message from the President of the 24th October, 1786; a letter from the Secretary of Congress, notifying the election of a President, June
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6th, 1786; communication from the American Minister at Paris, respecting contracts for tobacco; and a letter from the Secretary for Foreign Affairs, of April 26th, 1786; a letter from the Secre- tary for Foreign Affairs, communicating Mr. Adams' letter, &c., July, 1786; communications from the American Minister at the Court of London, 4th March, 1786; representation in Congress for June, July, August and September, 1786; letter from the Secretary of Congress; resolution respecting negroes taken off by the British; resolution of Congress and letter from the Sec- retary touching their claim upon the different States to comply with the formation of the Sovereignty of the Union, and send- ing forward their delegates; appointment of commissioners, by Rhode Island, for the purpose of forming commercial regula- tations; letter from Secretary of Congress, 4th October, 1786; ordinance for regulation of Indian affairs, 7th Aug., 1786; letter from Secretary of Congress, Ist July, 1786; letter from Secretary of Congress of September 5th, 1786; letter from the Board of Treasury of September 25th, 1786; requisition of Congress of 2d August, 1786; resolutions for ascertaining the standard and money unit of the United States; address from the Commercial Convention . at Annapolis of 14th September, 1786; letter from the Chairman of the Commercial Convention of Sept. 21st, 1786; resolution of Congress on the subject of paper money, Sept. 18th, 1786; resolution of Congress, recommending a cession of western territory, of the 9th of August, 1786; a letter from the Secretary of Congress, of the 12th August, 1786; and a letter from the Secretary of Congress, of 2d October, 1786; which, by order, were severally read.
Mr. McCall, a member of Assembly, attending, was admitted and informed the Council that the House of Assembly were ready to attend Council on the business of putting in nomination per- sons for President and Delegates to Congress.
On motion,
Ordered, That Mr. Snow wait on the House of Assembly and inform them that Council were ready to receive them, in their Chamber, on the above mentioned business;
Who, being returned, reported, he had delivered the message committed to his charge.
The House of Assembly, now attending in the Council Cham- I26
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ber, agreeable to the order of the day, to put in nomination persons, one of whom to be elected President and Commander- in-Chief of this State, and also persons to represent this State in the Congress of the United States.
Nominated for President, &c .- Thomas Collins, Esquire, by Mr. Broom.
On motion,
Resolved by both Houses, That three Delegates be elected to represent this State in the Congress of the United States.
The nomination for Delegates for Congress was then pro- ceeded in.
Mr. Broom proposes Nicholas Vandyke, Esquire.
Mr. Rodney proposes Gunning Bedford, Esq., of New Castle. -
Mr. Polk proposes Major Nathaniel Mitchell.
Mr. Read proposes Alexander Porter, Esquire.
Mr. Gordon proposes Thomas Rodney, Esquire.
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