USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 23
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Who, being returned, reported the delivery thereof.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
On motion, by order,
The bill entitled "An act to enable the owners and possessors of a certain parcel of marsh, meadow, and cripple on Little St. Georges Creek, in New Castle County, &c.," was read.
On motion, by order,
The bill entitled "An act to appoint Edward Oldham and Mary, his wife, to take care of the property of Joseph Ensor, an idiot," with the petition and papers accompanying the same, were read.
Mr. Neill, who had leave of absence, now appeared.
Adjourned to 10 o'clock to-morrow morning.
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1023
THE DELAWARE STATE, 1787.
THURSDAY, January 25th, A. M.
Council met. Present all the members, Mr. Polk, who had leave of absence, having now appeared.
The minutes of yesterday were read.
On motion, ordered,
That the bill entitled "An act to prevent the exportation of slaves from this State, &c.," be taken up and considered to- morrow morning.
On motion, ordered,
That the bill entitled "An act to oblige executors to give security, &c.," be taken up and proceeded upon on Tuesday morning next.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members.
On motion, by order,
The bill entitled "An act to appoint Edward Oldham and Mary, his wife, trustees of the estate of Joseph Ensor," was read, by paragraphs, and some amendments proposed thereunto.
On motion,
Ordered, That Mr. Polk wait on the House of Assembly and return the said bill with the amendments, as also the papers that accompanied the same;
Who, being returned, reported the delivery thereof.
Mr. Hayes, a member of Assembly, was admitted and de-
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livered to the Chair the bill entitled "An act for amending and continuing the provisions made in the act entitled 'An act for the auditing and arranging the accounts of this State, &c.,'" with the amendments of Council to those of the House of Assembly, to the first of which that House had disagreed, and to the second had agreed; also returned the bill entitled "An act to enable all the religious denominations in this State to appoint Trustees, &c.," with some amendments proposed thereunto.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, January 26th, A. M.
Council met. Present all the members.
The minutes of yesterday were read.
On motion, by order,
The amendments proposed by the House of Assembly to the bill entitled "An act to enable all the religious denominations in this State to appoint Trustees, &c.," were taken into considera- tion-the first and third whereof were agreed to, the second and fourth disagreed to.
On motion,
Ordered, That Mr. Neill wait on the House of Assembly and return the said bill and amendments thus acted upon by Council;
Who, being returned, reported the delivery thereof.
Agreeable to the order of the day, Council took into consid- eration the bill entitled "An act to prevent the exportation of slaves to either of the Carolinas, &c.," which, after some time spent therein, on motion, is referred to a committee of three, viz: Messrs. Vandyke, Neill, and Tilton, to report thereon.
On motion, by order, the several papers sent by the House of Assembly, by Mr. Gordon, a member of that House, to Council, on the 26th of October, 1786, were now returned by Mr. Neill,
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THE DELAWARE STATE, 1787. IO25
except the address from the commercial convention at Annapolis and the letter from the chairman of that convention, which were retained.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members, and adjourned to Io o'clock to-morrow morning.
SATURDAY, January 27th, A. M.
Council met. Present all the members.
The minutes of yesterday were read.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
Doct. Evans, a member of Assembly, was admitted and deliv- ered to the Chair a bill entitled "An act to regulate marriages," for consideration and concurrence; and returned the resolutions of Council concerning Mr, Commissioner Winder's letter, con- curred in by the House of Assembly.
On motion, by order, the said bill, to regulate marriages, was read.
Mr. Davis, a member of Assembly, was admitted and delivered to the Chair the bill entitled "An act to enable all the religious denominations in this State to appoint Trustees, &c.," with the
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amendments proposed by that House to the same, to which Council had proposed amendments, to which the House of As- sembly had acceded.
On motion, ordered that the said bill be engrossed.
Adjourned to 10 o'clock on Monday morning.
MONDAY, January 29th, 1787, A. M.
Council met. Present the same members as on Saturday.
On motion, by order, the minutes of Council on Saturday last were read.
On motion, by order,
The bill entitled "An act to regulate marriages," was read a second time, and the question being put, the same was unani- mously rejected.
On motion,
Ordered, That Mr. Laws wait upon the House of Assembly with the aforesaid bill, as rejected by Council;
Who reported the delivery thereof accordingly.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
The committee to whom the bill to prevent the exportation of slaves to either of the Carolinas, &c., was committed, now reported several amendments; which, by order, were read.
Adjourned to 10 o'clock to-morrow morning.
naxi
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1027
THE DELAWARE STATE, 1787.
TUESDAY, January 30th, 1787, A. M.
Council met. Present the same members.
The minutes of yesterday were read.
Mr. Gordon, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following papers, to wit: A resolution of that House respecting their adjournment on Saturday next to some future day; an act for securing to John Fitch an exclusive right of constructing the steamboat by him invented, &c .; the petition of John Fitch, with the papers accom- panying the same; an act relinquishing the right of this State to the confiscated property late of James Welch, deceased, with the petition and other papers inclosed in the same; a supplementary bill to the act for the recovery of public money due from the estate of J. Vining, Esq .; the memorial of John Vining, and the report thereon; and the bill for the settlement of the Wilmington lottery, with a petition of William Smith, D. D., a petition of the Managers of the Wilmington Lottery, &c., and the article for appropriating the Wilmington lottery; all which papers were read.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members.
The bill entitled "An act to compel executors to give security, &c.," was now taken into consideration, and several amendments proposed to the same, which were read and agreed to.
Ordered, That the aforesaid amendments be transcribed and sent to the House of Assembly for their consideration and con- currence; which was done accordingly.
Ordered, That Mr. Polk wait upon the House of Assembly
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with the aforesaid bill, with the amendments proposed thereto by Council;
Who reported the delivery thereof accordingly.
On motion,
Resolved, That Council go into the second reading of the bill entitled "An act for securing to John Fitch an exclusive right of constructing the steamboat, &c.," to-morrow morning.
On motion,
Resolved unanimously, That Council will not sit for the pur- pose of transacting business after the hour of eleven on Saturday evening.
Ordered, That a copy of this resolution be sent to the House of Assembly for their information.
Ordered, That Mr. Polk wait upon the House of Assembly with the foregoing resolution;
Who delivered the same accordingly.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, January 31st, 1787, A. M.
Council met. Present all the members.
The minutes of yesterday were read.
Agreeably to the order of yesterday, the bill entitled "An act for securing to John Fitch an exclusive right of constructing the steamboat by him invented, &c.," was read a second time, and after some time spent therein, the same was postponed for further consideration.
On motion, by order,
The bill entitled "A supplement to an act entitled 'An act for the recovery of one thousand five hundred and fifty-three pounds eighteen shillings and six pence, due from the estate of John Vin-
1029
THE DELAWARE STATE, 1787.
ing, Esq., &c.,'" was read a second time, and several amend- ments proposed thereto, which were agreed to.
Ordered, That the said amendments be transcribed, and that Mr. Polk wait upon the House of Assembly with the aforesaid bill and the amendments proposed thereto, for their consideration and concurrence;
Who reported the delivery thereof.
The Council now took into their consideration the bill entitled "An act for relinquishing the rights of this State to the confis- cated property late of James Welsh, deceased," and an amend- ment to the same was proposed and agreed to.
Ordered, That the aforesaid amendment be transcribed, and that Mr. Polk wait upon the House of Assembly with the said bill and the amendment proposed thereto;
Who reported the delivery thereof.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members.
On motion, by order,
The bill entitled "An act for the settlement of the accounts of the Wilmington lottery," was read a second time.
On motion, by special order, the said bill was read by para- graphs, and some amendments proposed and agreed to.
Ordered to be transcribed, and that Mr. Snow wait on the House of Assembly therewith, with the papers that accompanied the same;
Who reported the delivery thereof.
Mr. Hayes, a member of Assembly, was admitted and deliv-
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ered to the Chair the bill entitled "An act to compel executors to give security, &c.," with some amendments proposed by that House to the amendments of Council, which, by order, were read and acceded to.
Ordered, That Mr. Snow wait on the House of Assembly and return the said bill and amendments of that House to the amend- ments of Council, now acceded to;
Who reported the delivery thereof.
On motion, by order,
The bill entitled "An act to prevent the exportation of slaves to either of the Carolinas, &c.," was read the third time by para- graphs, and several amendments were proposed and agreed to.
Ordered, That the said amendments be transcribed and sent to the House of Assembly for their consideration and concur- rence.
Adjourned to 10 o'clock to-morrow morning.
FEBRUARY Ist, 1787, A. M. -
Council met. Present all the members.
The minutes of yesterday were read.
Ordered, That Mr. Neill wait upon the House of Assembly with the bill entitled "An act to prevent the exportation of slaves, &c., with the amendments proposed thereto by Council;
Who reported the delivery thereof accordingly.
Mr. Davis, a member of Assembly, was admitted and delivered to the Chair the following papers: The Auditors's report upon the petition of William Killen, Esq., with two petitions accom- panying the same; an act for enabling Sydenham Thorne to erect a mill-dam across Mispillion Creek, &c., with the papers accom- panying the same:
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1031
THE DELAWARE STATE, 1787.
On motion, by order,
The bill entitled "An act for enabling Sydenham Thorne to erect a mill-dam across Mispillion Creek, and for the condemna- tion of a small piece of fast land on the Sussex side of the said creek for the use of a grist-mill," with the petition and remon- strance for and against the said bill, and the report of a commit- ·tee of Assembly upon that business, were severally read.
Also the petition of William Killen, Esquire, on the subject of Col. Haslet's affairs, the petition of the children of Col. Haslet, and the report of the Auditor thereon, were severally read.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met.
Mr. Polk, a member of Assembly, attending, was admitted and delivered to the Chair the bill entitled "An act to prevent the exportation of slaves, &c.," with a paper of amendments pro- posed by that House to the amendments proposed by Council to the aforesaid bill.
Ou motion, by order,
The bill for securing to John Fitch an exclusive right of con- structing and using the steamboat, &c., was read the third time by paragraphs and passed the House.
On the question being put, "Whether Council agreed to the first paragraph?" it was carried in the affirmative; upon which the yeas and nays were required by Mr. Read, and are as follows:
Yeas-Mr. J. Tilton, Mr. John Baning, Mr. Silas Snow, Mr. Nicholas Vandyke, Mr. Daniel Polk, Mr. Henry Neill.
Nays-Mr. Read, Mr. Laws.
The question being put upon the second paragraph, it was
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الصعاب المحت قليل
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MINUTES OF THE COUNCIL OF
carried in the affirmative. The yeas and nays were required, as above, and were as upon the first paragraph.
Ordered, That Mr. Neill wait upon the House of Assembly : with the bill for securing to John Fitch an exclusive right of constructing and using the steamboat, &c., as concurred in by Council; and the bill to prevent the exportation of slaves, &c., with the paper of amendments proposed thereto by Council, and the paper of amendments proposed by the House of Assembly to those proposed by Council, as agreed to by Council.
Who, being returned, reported the delivery thereof.
On motion, by order, the petitions from Wm. Killen, Esq., and the children of Col. Haslet, and the report of the Auditor thereon, were severally read, and the report of the Auditor agreed to, which follows in these words:
The Auditor of Accounts, to whom was referred the petition of William Killen, Esq., executor of Col. John Haslet, deceased, begs leave to report:
That he lias had a conference with the petitioner on the sub- ject of his said petition, and has been furnished by him with a settlement of Col. Haslet's accounts, confirmed by the House of Assembly on the 5th of June, 1779, and by the Legislative Council on the 8th of December following, exhibiting a balance of {234 : 13 : 1I due to the estate of his testator, which the peti- tioner alleges was paid to him on the 8th of January, 1780, when it was worth only 67 : 15 : 5 in specie. He also alleges that Col. Haslet's estate suffered greatly by the depreciation of the money which came to his hands; nevertheless he is willing to return the two thousand dollars last received by his testator from the United States, in certificates of final settlement, to the same nominal amounts due from the said States to the officers and soldiers of the late American army, provided this State will assume the pay- ment of the said two thousand dollars to the United States.
The Auditor, upon considering the circumstances of the case, is of opinion that this State may with safety accede to the pro- posal of the petitioner; that the said two thousand dollars will then be settled in a general account with the United States, in which account the certificates of final settlement must be received and accepted as a credit. That with respect to the interest due
1033
THE DELAWARE STATE, 1787.
on the said sum, it is the opinion of the Auditor that the peti- tioner's testator's estate should be charged with it, and that the interest due on the certificates of final settlement to be given in exchange should be calculated up to the time of exchange.
ELEAZER McCOMB. Auditor's Office, June 15th, 1786.
In the House of Assembly, Wednesday, P. M., January 31, 1787, read, considered and agreed to.
JAS. BOOTH, Cl'k of Assembly.
In Legislative Council, February 1, 1787, P. M., read and con- curred in.
JAMES SYKES, Cl'k of Council.
Resolve to be entered upon the Auditor's report upon the pe- tition of William Killen, Esq., as executor of the late Col. John Haslet, proposed by the Council to the House of Assembly :
IN THE COUNCIL, THURSDAY, P. M., February 1, 1787.
Resolved, That the State Treasurer be and he hereby is ap- pointed and authorized to receive from William Killen, Esq., as executor of Col. John Haslet, deceased, certificates of final set- tlement to the nominal amount of the said sum of two thousand dollars, with the interest accrued thereon at the time of such receipt, allowing so much interest as may be due on such cer- tificates, in discharge of so much interest due on the said two thousand dollars; and that the said State Treasurer give his cer- tificate of such receipt to the said executor, and that the Dela- ware State be from thenceforth considered as accountable to the United States for the said sum of two thousand dollars, as last received by the said Col. John Haslet from the Treasury of the United States for the purpose of raising his new regiment.
Ordered, That the above report of the Auditor, with the re- solve and the above mentioned petition, be sent to the House of Assembly; that Mr. Laws wait upon the House with the same;
Who reported the delivery thereof accordingly.
On motion, by order, I 30
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The bill entitled "An act for enabling Sydenham Thorne to erect a mill-dam, &c.," was read a second time, and the same postponed until to-morrow morning for further consideration.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, Feb. 2d, 1787, A. M.
Council met. Present all the members.
The minutes of yesterday were read.
Agreeable to the order of the day, Council proceeded to the consideration of the bill entitled "An act to enable Sydenham Thorne to erect a mill-dam across Mispillion Creek, &c.," and after some time spent therein, a motion was made and seconded that the further consideration thereof should be postponed until . the parties interested could have notice to attend Council and be heard in the premises; which question being put, it passed in the negative.
On motion of Mr. Tilton, that the yeas and nays should be entered, it was ordered accordingly, and are as follows, to wit:
Yeas-Mr. Read, Mr. Snow, Mr. Laws.
Nays-Mr: Vandyke, Mr. Tilton, Mr. Polk, Mr. Baning, Mr. Neill.
Mr. Dingle, a member of Assembly, attending, was admitted and delivered to the Chair the following papers, to wit: A mes- sage from the President; an act for empowering the Board estab- lished by Congress to liquidate and settle the accounts between the United States and individual States, to call before them witnesses, &c .; an act for the support of officers, soldiers, or seamen, citizens of this State, who have been disabled in the. service of the United States; a bill for raising ten thousand five hundred pounds for the service of the year 1787; a petition from New Castle County for a speedy collection of the arrearages of taxes; the report of the committee upon the President's Message;
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THE DELAWARE STATE, 1787.
a petition of John Darby, and the Auditor's report thereon; a letter from the Secretary of Congress, with two inclosures; the resolution of Council on the Auditor's report on the petition of William Killen, Esq., as concurred in by the House of Assembly.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members.
On motion, by order, the several papers delivered to the Chair in the forenoon were read.
On motion,
The bill entitled "An act for raising £10, 500 for the service of the year 1787," by special order, was read a second time and referred to a committee of three, to wit: Messrs. Vandyke, Read and Tilton, who are to report thereon.
On motion, ordered
That Mr. Read be a committee to prepare and bring in a bill for appointing Commissioners to meet the convention of the United States to be held on the second day of May next, at the City of Philadelphia, for the purpose of revising the Articles of Confed- eration.
Council now resumed the consideration of the bill for enabling Sydenham Thorne to erect a mill-dam, &c., and several amend- ments were proposed and agreed to.
Ordered, That the said amendments be transcribed, and that Mr. Neill wait upon the House of Assembly with the said bill and the amendments proposed by Council to the same, for their con- sideration and concurrence;
Who reported the delivery thereof accordingly.
Adjourned to 10 o'clock to-morrow morning.
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SATURDAY, February 3d, A. M.
Council met. Present all the members.
On motion, by order,
The bill entitled "An act for the support of officers, soldiers, or seamen, citizens of this State, who have been disabled in the service of the United States," was read a second time.
On motion, by special order, the said bill was read by para- graphs and it shall pass.
Ordered, That Mr. Neill wait on the House of Assembly and return the same;
Who, being returned, reported the delivery thereof.
Mr. Read now laid on the table a bill entitled "An act ap- pointing Deputies from this State to the Convention proposed to be held in the City of Philadelphia for the purpose of revising the Federal System;" which, by order, was read.
Mr. McCall, a member of Assembly, was admitted and deliv- ered to the Chair a bill entitled "An act laying an impost on spirituous liquors imported into this State, and for other pur- poses."
On motion, by special order,
The bill entitled "An act appointing Deputies from this State to the Convention proposed to be held at Philadelphia for revis- ing the Federal System, &c.," was read a second time, read a third time by paragraphs, and it shall pass.
On motion,
Ordered, That Mr. Laws wait on the House of Assembly with the said bill, for their consideration and concurrence;
Who reported the delivery thereof accordingly.
Mr. Grantham, a member of Assembly, attending, was admit- ted and delivered to the Chair a bill entitled "An act to provide for defraying the expenses of the Justices of the Supreme Court
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THE DELAWARE STATE, 1787.
and Court of Oyer and Terminer," with a memorial of William Killen and David Finney, Esquires, &c., the excise bill, &c .; which said papers were severally read.
Mr. Dingle, a member of Assembly, attending, was admitted and delivered to the Chair the resolution of that House accepting and agreeing to the proposals of Mr. Read for revising the laws, with the said proposals, which were read.
Ordered, That Mr. Snow wait upon the House of Assembly with the Auditor's bill and the papers of amendments proposed to the same, and an additional amendment proposed to the said bill by Council, with the following verbal message from Council to the House of Assembly:
Gentlemen :
The Council, from the shortness of the time prescribed by your honorable House for the present session, have departed some- what from the usual mode of transacting business, in the offering another amendment, different from their former one, disagreed to by your honorable House, to the third amendment proposed by the House of Assembly to the Auditor's bill, to wit: that of add- ing twenty-five pounds to the one hundred pounds set down in your said third amendment; for that the continuance and regular keeping up of that office is of great importance and use to this State, and it is most likely that a person who hath already been exercised in the duties of such an office would be presently most competent for the immediate execution of the various duties thereof, and, in the opinion of this House, it is probable that if the present Auditor should be reflected he might accept thereof for such annual allowance.
On motion, by special order,
The bill providing for defraying the expenses of the Justices of the Supreme Court, was read a second time and passed the House.
Ordered, That Mr. Neill wait upon the House of Assembly with the said bill and the memorial of Win. Killen and David Finney, Esquires, &c .;
Who reported the delivery thereof accordingly.
Adjourned to 3 o'clock, P. M.
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EODEM DIE, P. M.
Council met. Present all the members.
Council being informed that James Newnam, Doorkeeper and Sergeant-at-Arms to this House, had removed from the Town of Dover to the village called Mifflin's Cross Roads, and that it would be inconvenient, both to the Council and to the said James, to be continued in that station, and Benjamin Crooks offering himself to perform that duty, the said Benjamin Crooks is therefore appointed Doorkeeper and Sergeant-at-Arms to this House.
Mr. Shankland, a member of the House of Assembly, attend- ing, was admitted and returned to the Chair the Auditor's bill, with the verbal message from this House to the House of Assem- bly, thus acted upon in that House:
IN THE HOUSE OF ASSEMBLY, February 3, 1787.
This House having taken the said message into consideration, propose that the sum of three hundred dollars be the yearly salary of the Auditor.
JAS. BOOTH,"Cl'k of Assembly.
Thus acted upon in Council, February 3d, 1787. Read and agreed to.
JAMES SYKES, Cl'k of Council.
Ordered, That Mr. Snow wait upon the House of Assembly with the Auditor's bill, and the verbal message from Council to the House of Assembly;
Who, being returned, reported the delivery thereof accord- ingly.
Mr. Cannon, a member of Assembly, was admitted and re- turned to the Chair the bill entitled "An act for appointing Dep- utics from this State to the Convention, &c.," with. an amend- ment to the same; the letter from Gunning Bedford, Esq., with the following verbal message:
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