USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 25
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Who, being returned, reported the delivery thereof.
Mr. Shankland, a member of Assembly, was admitted and de- livered to the Chair the following bills, signed by the Speaker of the House of Assembly, to wit:
"An act for appropriating the sum of {10, 500;"
"A further supplementary act to the act entitled 'An act for the more easy and speedy recovery of small debts;' "
"A further supplement 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;' " and
"An act to enable the owners and possessors of a certain parcel of marsh, meadow, and cripple, hereinafter described,
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MINUTES OF THE COUNCIL OF
situate on Little St. Georges Creek, in St. Georges Hundred, in New Castle County, fronting the River Delaware, to keep the banks, dams, sluices, and floodgates thereof in repair."
Also, a resolution of the House of Assembly for affixing the Great Seal to the above mentioned bills; which was concurred in by Council.
On motion, the foregoing bills were compared and ordered to be signed by the Speaker; which was done accordingly.
Ordered, That Mr. Neill wait on the House of Assembly with the above laws and resolution;
Who, being returned, reported the delivery thereof.
Adjourned to 6 o'clock to-morrow morning.
SATURDAY, June 9th, A. M.
Council met, and proceeded to the settlement of the expenses of this sitting, and the following accounts were allowed, viz :
To the Hon. George Craghead, Esq., Speaker, for
13 days' attendance in Council and mileage, .
· E 13 60
To Nicholas Vandyke, Esq., for ditto, 2 8
6 II 4
To Silas Snow, Esq., for ditto, .
To James Tilton, Esq., for ditto, . 7 16 0
To John Baning, Esq., for ditto, 7 16 0
To Daniel Polk, Esq., for ditto, 7 18 0
To Alexander Laws, Esq., for ditto, 7 14 0
To Henry Neill, Esq., for ditto, 3 18 0
To James Sykes, Clerk, . 8 10 6
To Mrs. Elizabeth Battell, for the use of a room, 7 10 0
To Benjamin Crooks, Doorkeeper, . 5 2 6
£84 50
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THE DELAWARE STATE, 1787.
Ordered, That the Speaker sign orders on the State Treasurer in favor of the above persons for the sums above mentioned; which was done accordingly.
On motion,
Ordered, That the Minutes of Council be transcribed by the Clerk from their sessions in October, 1783, to the present, both inclusive, and that Messrs. Tilton and Sykes correct the same, and have two hundred copies thereof printed before the next meeting of the General Assembly.
Adjourned to 27th of August next.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, AUGUST, 1787.
At a meeting of the Council, by. adjournment, August 27th, 1787, a sufficient number of the members not having appeared to forin a quorum, they adjourned from day to day until Thurs- day, the 30th of this instant, when the following gentlemen ap- peared, viz:
For New Castle County-The Hon. George Craghead, Esq., Speaker; Nicholas Vandyke.
For Kent County-Silas Snow, James Tilton, John Baning.
On motion, ordered
That Messrs. Vandyke and Tilton wait on his Excellency, the President, and inform him that Council was sitting and ready to receive any business that he may have to lay before them.
The gentlemen, being returned, report that they had waited on his Excellency, the President, according to order, and that he was pleased to say that he had several public communications in his possession, which, if Council thought it necessary, he was ready to lay before them.
On motion, ordered
That Mr. Snow wait on his Excellency and receive these com- munications from his hands and present them to Council.
Mr. Snow, being returned, reported that he had waited on his
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Excellency, the President, agreeable to order, and that he was pleased to say the papers before mentioned were not in such order as he would wish to present them in to Council, that he had not been explicit enough on the subject when the Committee waited on him, nor had he any message prepared, but that if the Council thought it proper to sit on the morrow he would have the papers in order.
Adjourned to eight o'clock to-morrow morning.
FRIDAY, August 31st, A. M.
Council met. Present the same members.
The Clerk of Council delivered to the Chair a message from his Excellency, the President to the Council, accompanied by the following papers: a letter from the Secretary of Congress, of the 2d July last, with its enclosures; one of the 12th of the same month, with a copy of a treaty between the United States of America and the Emperor of Morocco; one of the 14th, with its inclosures; one of the 31st, with its inclosures; also a letter from the Secretary of Foreign Affairs, of the 3d July, with its inclosures; which, by order, were severally read.
Then the following accounts were allowed:
To the Hon. George Craghead, Esq., Speaker, for 5 days' attendance and mileage, € 6 20 To Nicholas Vandyke, Esq., for 3 days' attendance and mileage, . 2 18 0
To James Tilton, Esq., for 2 days' attendance, I 4 0
To John Baning, Esq., for do., I 4 0
To Silas Snow, Esq., for do. and mileage,
I IO 8
To James Sykes, for 5 days,
3 2 6
To Benj. Crooks, for do., 2 12 6
To Mrs. Battell, for use of a room, 2 15 O
£21 8 8
Adjourned to 20th day of October next.
٦
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a session convened at Dover, on the twentieth day of Octo- ber, in the year of our Lord one thousand seven hundred and eighty-seven, divers of the members met, but the number not being a quorum, they adjourned from day to day until Thurs- day, the twenty-fifth of the same month.
THURSDAY, A. M., October 25th, 1787.
It appears by the returns of the officers of the Counties of New Castle and Kent, appointed by law to be Judges of Elec- tions, that on the first day of October instant, at the usual places of election for the said Counties, the following gentlemen were chosen to represent the said Counties respectively as members of the Legislative Council of the Delaware State, for three years next ensuing the said election, to wit :
For New Castle County-Thomas McDonough.
For Kent County-John Cook.
All the members of the Council now appeared except Messrs. Vandyke, Tilton and Baning.
· The House proceeded to the choice of a Speaker, and Thomas McDonough, Esquire, was unanimously elected.
The Speaker, in the Chair, and afterwards Mr. Cook, took,
AOLES YMUY BBOCEFDIDCE
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MINUTES OF THE COUNCIL OF
made and subscribed the oath and affirmation of allegiance and declaration prescribed by the Constitution. [See note on page 10.]
On motion, ordered
That Mr. Read, Mr. Cook, and Mr. Laws be a committee to wait on his Excellency, the President, and inform him that the Council had met and were ready to receive any business he might have to lay before them.
The committee above mentioned, being returned, report that they had waited on his Excellency according to order, who in- formed them that he had sent a message, with sundry papers, to the House of Assembly, which, in due time, would come before the Council.
Mr. Read, as one of the deputies from this State to the con- vention held in Philadelphia, for the purpose of revising the Articles of Confederation, laid on the table a printed copy of the plan of the Constitution for the United States of America, agreed to by the said convention.
Ordered to lie on the table.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
Mr. Baning now appeared in the Council and took his seat.
Mr. Evans, a member of Assembly, was admitted and deliv- ered to the Chair a message from the President and the following public letters, with their enclosures, to wit: From the Commis- sioners of the Treasury of the 25th of May; from the Secretary for Foreign Affairs of the 11th of October; and from the Secre- tary of Congress of the 25th of July, roth of August, 3d and 28th of September, in which was inclosed the Federal Constitu-
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THE DELAWARE STATE, 1787.
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tution, and of the 2d of October, 1787; which were read. The President's message is in these words:
Gentlemen of the General Assembly :
The Secretary will communicate to you, for your consideration, the following public letters, with their enclosures, which I have lately received, to wit: from the Commissioners of the Treasury, of the 28th of May; from the Secretary for Foreign Affairs, of the 11th of October; and from the Secretary of Congress, of the 25th of July, roth of August, 3d and 28th of September, and 2d of October, 1787.
-
With the above mentioned letter of the 28th of September, the Federal Constitution, as reported by the late Convention of the States, is now transmitted to you conformably to the unani- mous resolution of Congress thereon, in order to be submitted to a convention of Delegates, to be chosen by the people of the State, for their assent and ratification; and I cannot, upon the present occasion, avoid recommending it to your attention as a subject of the most important consideration, involving in its adoption not only our prosperity and felicity, but perhaps our national existence. THOMAS COLLINS.
Dover, October 24, 1787.
Ordered to lie on the table.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, A. M., October 26th, 1787.
The Council met. Present the same members as on yesterday, and Mr. Tilton, who now appeared in the House and took his seat.
Adjourned to 3 o'clock.
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MINUTES OF THE COUNCIL OF
EODEM DIE, P. M. The Council met agreeable to adjournment.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, A. M., October 27th, 1787.
The Council met. Present the same members.
Ordered, That the President's Message, with the several papers which accompanied the same, be returned to the House of Assem- bly by Mr. Laws.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
The Speaker laid on the table a bill entitled "An act for alter- ing the quorum of the House. of Assembly," which had been delivered to him by a member of that House after the adjourn- ment of Council.
The said bill was read the first time.
By special order, the said bill was read a second time.
The said bill was read the third time and concurred in.
Ordered, That the same be returned, by Mr. Laws, to the House of Assembly, as acted upon by Council.
Mr. Laws reported the delivery of the above bill to the House of Assembly.
THE DELAWARE STATE, 1787. 1067
Mr. Gordon, a member of Assembly, was admitted and deliv- ered to the Chair the bill entitled "An act for altering the quorum of the House of Assembly," engrossed, with a resolution of that House for affixing the Great Seal of the State to the same.
The said bill being compared, ordered that the Speaker of . Council sign the same; which was done accordingly.
The resolution for affixing the Great Seal to the above men- tioned bill was read and concurred in.
Ordered, That the last mentioned bill, and the resolution for affixing the Great Seal to the same, be returned to the House of Assembly, by Mr. Tilton, as acted upon by the Council.
Mr. Tilton reported the delivery of the same.
Adjourned to 10 o'clock on Monday morning.
MONDAY, A. M., October 29th, 1787.
The Council met. Present the same members who attended on Saturday last, except Mr. Cook. -
Mr. Speaker laid on the table a report of the Auditor of Accounts, dated this day; also a report of the outstanding taxes, reported June 5th, 1787.
Ordered to lie on the table.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met according to adjournment.
Adjourned to 10 o'clock to-morrow morning.
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MINUTES OF THE COUNCIL OF
TUESDAY, A. M., October 30th, 1787.
The Council met. Present the same members.
Mr. Cook, having returned, now appeared in the Council.
The Speaker laid on the table a paper purporting to be the return of a Counsellor for the County of Sussex, for the present year, which was read, and follows in these words, to wit:
SUSSEX COUNTY, DELAWARE STATE:
This indenture made this fifteenth day of October, in the year of our Lord, one thousand seven hundred and eighty-seven, be- tween Thomas Laws, Sub-Sheriff of the County, of the one part, and Francis Wright, Thomas Laverty, William Peery, and Peter Marsh, Inspectors, and John Paynter and David Hall, gentlemen, freeholders of the said County, of the other part, witnesseth, that the said Inspectors, together with a number of freeholders of the said County, having met at the Court House in Lewes, on the first day of October instant, and continued by adjournments until this day, did then and there choose, elect, and nominate. Simon Kollock, gentleman, to be Counsellor for the County aforesaid, pursuant to the Constitution or System of Government of the State of Delaware.
In testimony whereof the said Sub-Sheriff, Inspectors, and Freeholders have hereunto signed their names and affixed their seals the day and year first above written.
THOMAS LAWS, S. Sheriff, [SEAL. ]
FRANCIS WRIGHT, [SEAL.]
THOMAS LAVERTY, [SEAL. ] SOLOMON WILLEY, [SEAL. ]
WILLIAM PEERY, [SEAL. ]
JOSEPH DAWSON, [SEAL. ]
DAVID HALL, [SEAL. ]
PETER MARSH, [SEAL. ]
JOHN PAYNTER, [SEAL. ]
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THE DELAWARE STATE, 1787.
On motion, ordered,
That the Auditor be notified that his annual report, of the 27th and 29th instant, doth not contain any general account of debts due to the State, as expressed in the 13th section of the law under which he acts, and which enumerates the heads whereof such general account shall consist, and that he furnish Council with such general account as speedily as possible.
Ordered, That the above order be transcribed, and that Mr. Polk wait on the Auditor and deliver the same.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
Mr. Polk reported that he had delivered the above order to the Auditor, and that he was informed by him that an official report would be made to-morrow, so far as his books enabled him to make such report.
Mr. Cook desires leave of absence until to-morrow morning, and the same is granted.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, A. M., October 31st, 1787.
The Council met. Present the same members.
On motion, ordered,
That the Sheriff and Sub-Sheriff of Sussex County be notified
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MINUTES OF THE COUNCIL OF
to attend the Council forthwith, to be examined touching the election of Sussex County.
The Sheriff and Sub-Sheriff attended accordingly, and the Council proceeded to the examination.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment, and proceeded in the examination of the Under Sheriff of Sussex County concern- ing the election in that County.
Ordered that Mr. Peery be notified to attend the Council forthwith, to be examined touching the late election in Sussex County.
Mr. Peery attended accordingly.
Adjourned to ten o'clock to-morrow morning.
THURSDAY, A. M., November Ist, 1787.
The Council met. Present the same members.
Mr. Davis, a member of Assembly, was admitted and he de- livered to the Chair four petitions from 121 of the inhabitants of Sussex County against the late election in said County.
Ordered to lie on the table.
Mr. Speaker laid on the table a report of the Auditor, dated October 31st, in obedience to the order of the Council of 30th of October, with two inclosures, the first containing a list of specie taxes preceeding 1784, committed to Collectors of Hun-
IO71
THE DELAWARE STATE, 1787.
dreds, and still outstanding; the second containing a list of open accounts in the public books, on which balances appear to be due to the State.
On motion, ordered,
That the Auditor be further notified that his additional report of yesterday is not sufficiently explicit as to the sum of the State tax, outstanding in the hands of the several persons in New Castle and Kent Counties, previous to 1784, for that the sums annexed to each delinquent's name may comprehend as well County as State tax, when the delinquency as to State tax was only neces- sary for legislative information. And also that no specific state- ment is made of the tax outstanding in Sussex County, before 1784, showing who may be delinquents therein.
Ordered, That the Clerk of this House transcribe the above order and wait on the Auditor with the same.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, A. M., November 2d, 1787.
The Council met. Present the same members.
Mr. Latimer, a member of the House of Assembly, was admit- ted and he delivered to the Chair the following papers, to wit: A bill entitled "An act granting to Oliver Evans, for a term of years, the sole and exclusive right of making and selling within this State the machines herein described," with two petitions of the said Oliver Evans, praying an exclusive privilege of con-
الـ
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1072
MINUTES OF THE COUNCIL OF
structing and employing a steam-carriage which he hath invent- ed, capable of carrying heavy burdens, to be propelled by the agency of steam and the pressure of the atmosphere, without the aid of animal force ; a recommendation from sundry persons respecting Evans' machine, and a report of a committee of the House of Assembly on the said petitions; and a resolution of that House permitting Oliver Evans to bring in the above men- tioned bill; also a petition from James Adams, with his general account; a report of a committee of the House of Assembly upon that part of James Adams' petition which appeals from the Auditor's report; and a resolution of the House of Assembly upon the appeal of James Adams; which said papers were sever- ally read.
Ordered to lie on the table.
On motion of Mr. Read, for leave to bring in a bill for vesting the powers heretofore given to three Justices of the Courts of Common Pleas and Orphans' Courts in the respective Counties of this State in a lesser number, the same was granted; where- upon he presented to the Chair a bill for that purpose, which was read.
Ordered to lie on the table.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
The bill entitled "An act for vesting the powers heretofore given to three Justices of the Courts of Common Pleas and Orphans' Courts in the respective Counties of this State in a lesser number," was read a second time and deferred for further consideration.
The petitions from sundry inhabitants of the County of Sussex against the late election in said County, were read.
Ordered to lie on the table.
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THE DELAWARE STATE, 1787.
Mr. Speaker laid on the table a report of the Auditor of Ac- counts, of this day, in compliance with the order of Council of yesterday; which was read.
Ordered to lie on the table.
1
By special order, the bill entitled "An act granting to Oliver Evans, for a term of years, the sole and exclusive right of making and selling within this State the machines herein described," was read a second time and deferred for further consideration.
Mr. Laws desires leave of absence until Tuesday next. The same is granted.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, A. M., November 3d, 1787.
The Council met. Present the same members, except Mr. Laws.
The bill entitled "An act for vesting the powers heretofore given to three Justices of the Courts of Common Pleas and Orphans' Courts in the respective Counties of this State in a lesser number," was read a third time by paragraphs and passed the House.
Ordered, That the said bill be transcribed, and sent to the House of Assembly for their consideration and concurrence.
The Council now resumed the consideration of the contents of the paper purporting to be the return of a Counsellor for the County of Sussex for the present year.
On motion of Mr. Tilton, seconded by Mr. Baning, that the following resolution should be adopted by the Council, to wit:
WHEREAS the disturbances in Sussex County, which have occasioned the disputed election now under the discussion of this House, appear manifestly to flow from causes that have sub- sisted from the beginning of the war with Great Britain, and through the Revolution, until this day, and are now of so serious
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a nature as to deserve the most attentive and thorough investiga- tion; and whereas to decide on the election upon the information given upon one side only, without hearing those complained of, as well as those complaining, must be an ex parte procedure contrary to the rules of justice and moderation; and whereas there is also reason to apprehend that besides setting aside the election there may be further proceedings of the Legislature, for the purpose of disgracing or punishing those complained of by the petitioners, whereby they will be condemned unheard, and may be rendered more desperate in their conduct, and the dis- order of this Government become more extended and dreadful in their consequences; therefore
Resolved, That such of the persons complained of in the peti- tions as choose be permitted to attend and be heard in their own justification, and that such person or persons as can throw light upon this important subject be ordered to attend and give their evidence; that, after the fullest information and the most free and open discussion of the matter, the House may be enabled to pro- ceed in so important a business in such manner as shall most effectually quiet the minds of the people.
The question was put, and the yeas and nays being required by Mr. Tilton, they are as follows:
Yeas-Mr. Tilton, Mr. Baning.
Nays-Mr. Read, Mr. Cook; Mr. D. Polk.
So it passed in the negative.
Whereupon, on motion, it is
Resolved, That the said election of a member of this House, in the present year, for the County of Sussex, was not freely, legally, and indifferently made, and it is adjudged by the Council that Simon Kollock, in the indenture of return aforesaid, was not duly elected.
The question being put on the above resolution, the yeas and nays were required by Mr. Tilton, and they are as follows:
Yeas-Mr. Read, Mr. Cook, Mr. Polk, Mr. Baning.
Nay-Mr. Tilton.
So it passed in the affirmative.
Adjourned to 3 o'clock, P. M.
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THE DELAWARE STATE, 1787.
EODEM DIE, P. M.
The Council met according to adjournment.
Adjourned to 10 o'clock on Monday morning.
MONDAY, A. M., November 5th, 1787.
The Council met. Present the same members.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
A motion was made by Mr. Tilton, seconded by Mr. Baning, that he should have leave to enter his reasons of dissent and protest against the resolution of Saturday last on the subject of the late election of Sussex County, and, after debate, a motion was made and seconded to postpone the consideration of the said motion, and to take up the following, to wit: Whether such reasons of dissent and protest on this or on any other occasion should be admitted to be entered on the minutes of this House, as the entering of the yeas and nays of every member on any question taken in this House, on the request of any one member, was a standing rule thereof? And on the question, the same was postponed accordingly.
Resolved, That to-morrow morning be assigned for the con- sideration of the last mentioned motion.
Adjourned to 10 o'clock to-morrow morning.
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MINUTES OF THE COUNCIL OF
TUESDAY, A. M., November 6th, 1787.
The Council met. Present the same members.
Agreeable to the order of the day, the Council proceeded to the consideration of the motion of yesterday afternoon, to wit: Whether such reasons of dissent and protest on this or on any other occasion should be admitted to be entered on the minutes of this House, as the entering of the yeas and nays of every member on any question taken in this House, on the request of any one member, was a standing rule thereof? And on the question, the yeas and nays were required by Mr. Read, and they are as follows:
Yea-Mr. Tilton.
Nays-Mr. Read, Mr. Cook, Mr. Polk, Mr. Baning.
So it passed in the negative.
Mr. McCall, a member of the House of Assembly, was admit- ted and he returned to the Chair the bill for vesting the powers heretofore given to three Justices of the Courts of Common Pleas and Orphans' Courts in the respective Counties of this State in a lesser number, concurred in by that House.
Ordered that the said bill be engrossed.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
Mr. Laws appeared in the House and took his seat.
Mr. Evans, a member of Assembly, was admitted, and he delivered to the Chair a bill entitled "An act to repeal an act entitled 'An act for the further security of the Government;' " which was read.
1077
THE DELAWARE STATE, 1787.
Ordered to lie on the table.
Ordered, That the petitions from sundry of the inhabitants of Sussex County, against the late election in said County, be re- turned to the House of Assembly by Mr. Laws.
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