USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 26
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37
Adjourned to to-morrow morning, 10 o'clock.
1
WEDNESDAY, A. M., November 7th, 1787.
The Council met. Present the same members.
The report of the committee of the House of Assembly upon that part of James Adams' petition which appeals from the Au- ditor's report, and the resolution of that House upon the said appeal, were read a second time, and the said resolution was concurred in by the Council.
The bill for granting to Oliver Evans an exclusive right in making certain machines, was read the third time by paragraphs and passed the House.
Ordered, That the said bill, with the several papers which accompanied the same, and the resolution of the House of As- sembly upon the appeal of James Adams, with the petition and the account of the said James Adams, and the report of the committee of the House of Assembly on the same, be returned to the House of Assembly by Mr. Cook.
Ordered, That the Speaker sign the engrossed 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;" which was done accordingly.
Ordered, That Mr. Cook wait on the House of Assembly with the said engrossed bill, in order that the same may be signed by the Speaker thereof.
1
1
٠٠
1078
MINUTES OF THE COUNCIL OF
The bill entitled "An act to repeal an act entitled 'An act for the further security of the Government,' " was read a second time and deferred for further consideration.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
Adjourned to 10 o'clock to-morrow morning.
THURSDAY, A. M., November 8th, 1787.
The Council met. Present the same members.
Mr. Revell, a member of Assembly, was admitted, and he de- livered to the Chair certain resolutions of that House for calling a Convention for the purpose of ratifying the Federal Constitu- tion.
Ordered to lie on the table.
On motion, by order, the ordinance of Congress of May, 1787, for settling the accounts between the United States and individual States, was read.
Ordered, that Messrs. Read, Tilton, and Laws be a committee to whom the said ordinance shall be referred, to report what may be necessary to be done thereon on the part of this State.
The resolutions of the House of Assembly for calling a Conven- tion were read. Deferred for further consideration.
Adjourned to 3 o'clock.
.
2
1079
THE DELAWARE STATE, 1787.
EODEM DIE, P. M.
The Council met according to adjournment.
Mr. Evans, a member of Assembly, was admitted, and he de- livered to the Chair a resolution of that House respecting their intention to conclude the present session on Saturday next by adjourning the same to some future day; which was read.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, A. M., November 9th, 1787.
The Council met. Present the same members.
The resolutions of the House of Assembly for calling a Con- vention for the purpose of ratifying the Federal Constitution, were read a second time.
The Clerk of this House laid on the table four petitions from sundry inhabitants of New Castle County, and a petition from the Grand Jurors of the Court of Oyer and Terminer, held at New Castle on the 5th of October, 1787, in favor of the Federal Constitution; also two petitions from sundry inhabitants of the said county for a cession of district to Congress for exclusive jurisdiction; which said petitions were delivered to him by the Clerk of the House of Assembly.
The said petitions were severally read. Ordered to lie on the table.
Sundry amendments being proposed by the Council to the resolutions of the House of Assembly for calling a State Con- vention,
Ordered, That the same be transcribed and sent to the House of Assembly for their consideration and concurrence.
Adjourned to 3 o'clock.
/
S
E
T
1080
MINUTES OF THE COUNCIL OF
EODEM DIE, P. M.
The Council met according to adjournment.
Ordered, That Mr. Cook wait on the House of Assembly with the amendments offered by Council to the resolutions for calling a State Convention.
Mr. Robinson, a member of Assembly, was admitted, and he delivered to the Chair a bill entitled "An act for altering the place of election for the County of Sussex for the present year one thousand seven hundred and eighty-seven;" which was read, with two petitions from sundry inhabitants of Sussex County, on which the said bill is founded.
Ordered to lie on the table.
On motion, ordered,
That a new election be had in the County of Sussex of a member for this House, in the place of Simon Kollock, Esq., who was declared not duly elected by the resolve of Saturday last, and that the Speaker issue a writ accordingly.
By special order, the last mentioned bill was read a second time and deferred for further consideration.
Mr. Grantham, a member of Assembly, was admitted and he delivered to the Chair the following resolution of that House:
IN THE HOUSE OF ASSEMBLY,
FRIDAY, P. M., Nov. 9th, 1787.
On motion,
Resolved, That Mr. Grantham wait upon the Council and pro- pose to that honorable House that both Houses of the General Assembly meet, in the Council Chamber, to-morrow, at three o'clock in the afternoon, to put in nomination persons to be bal- loted for as Delegates to represent this State in the Congress of the United States until the first Monday in November next.
JAMES BOOTH, Cl'k of Assembly.
Sent for concurrence.'
0891
.. IT
1081
THE DELAWARE STATE, 1787.
The said resolution was read and concurred in by the Council.
Ordered, That Mr. Cook wait upon the House of Assembly and return the said resolution, as acted upon by the Council.
Mr. Cook reported the delivery of the said resolution according to order.
Adjourned to ten o'clock, &c.
SATURDAY, A. M., November 10th, 1787.
The Council met, &c.
Mr. Vining, a member of Assembly, being admitted, delivered to the Chair the resolutions for calling a State Convention, with the several amendments proposed thereto by the Council acceded to by the House of Assembly, which said resolutions, as amended and agreed to by both Houses, are as follows:
IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, FRIDAY, P. M., November 9th, 1787. .
WHEREAS the Convention of Deputies from the United States, lately assembled at the City of Philadelphia, have proposed a Constitution for the said States, to be submitted to a Convention of Delegates chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratifi- cation; and that each Convention assenting to, and ratifying the same, should give notice thereof to the United States in Congress assembled;
And whereas the United States in Congress assembled have unanimously resolved that the said Constitution, with the resolu- tions and letter accompanying the same, be transmitted to the several Legislatures, in order to be submitted to a Convention of Delegates chosen in cach State by the people thereof, in conform- ity to the resolves of the Convention made and provided in that case;
I36
8
المرسى
1082
MINUTES OF THE COUNCIL OF
And whereas it is the sense and desire of great numbers of the good people of this State, signified in petitions to this Gen- eral Assembly, that speedy measures should be adopted to assemble a Convention within the State for the purpose of deli- berating and determining on the said Constitution;
Resolved, 1. That it be, and hereby is, recommended to the freemen and inhabitants of this State, who are qualified by law to vote for Representatives to the General Assembly, that they choose suitable persons to serve as Delegates in a State Conven- tion for the purpose herein before mentioned, that is, for the three Counties the same number of Delegates that each is entit- led to of Representatives in the General Assembly, to wit: ten for the County of New Castle; ten for the County of Kent; and ten for the County of Sussex.
2. That the elections for Delegates aforesaid, in the respective Counties of this State, be held on Monday the 26th day of this instant November, at the same places where the general elections for Representatives to the General Assembly are or may be by law appointed to be heldl; and that the same be conducted by the officers who conduct the said election of Representatives, and agreeably to the rules and regulations thereof; and that the per- sons so elected to serve in Convention, meet at the Town of Dover on the Monday following.
3. That the Delegates who attend the said Convention be entitled to the same allowance per diem as Representatives to the General Assembly are entitled to receive for their attendance; which said allowance shall be paid by the State Treasurer, upon receiving an order for the same, signed by the President of this State.
4. That the President or Commander-in-Chief transmit to the Convention aforesaid, when met, an authentic copy of the Fed- eral Constitution aforesaid.
5. That the proposition submitted to the General Assembly, by petition from divers of the freemen resident in the upper part of this State, of ceding to the United States a district within the State for the Seat of the Government of the United States, and for the exclusive legislation of Congress, be and hereby is re- commended to the particular consideration of the Convention.
6. That for the information of the citizens of this State the
180
100
9100- 6810
D
1083
THE DELAWARE STATE, 1787.
Clerk of this House cause the aforesaid resolutions to be publish- ed in the Delaware Gazette, and procure one hundred copies to be printed, and transmitted to the Sheriffs of the several Coun- ties, to be by them fixed up at the most public places in their Counties respectively.
Signed by order of the House of Assembly,
JEHU DAVIS, Speaker.
Sent for concurrence.
. In Council, Saturday, A. M., November 10th, 1787, read and concurred in.
Signed by order of the Council,
THOMAS MCDONOUGH, Speaker.
On motion, by order,
The bill entitled "An act for altering the place of election for the County of Sussex for the present year, 1787," was read the third time by paragraphs and passed the House.
On the question being put on the said bill, the yeas and nays were required by Mr. Tilton, and they are as follows:
Yeas-Mr. Read, Mr. Cook, Mr. Polk, Mr. Laws, Mr. Baning.
Nay-Mr. Tilton.
So it passed in the affirmative.
Ordered; That the said bill, with the petition which accompa- nied the same, be returned to the House of Assembly.
Ordered, That the resolutions for calling a State Convention, with the several petitions in favor of the Federal Constitution, and the petitions for the cession of a district to Congress for ex- clusive legislation, be returned to the House of Assembly.
The committee to whom was referred the ordinance of Con- gress, of the 7th of May last, for settling the accounts between the United States and individual States, to report what might be necessary to be done thereon on the part of this State, now made their report; which was read.
-
.
1084
MINUTES OF THE COUNCIL OF
The said report was read a second time and agreed to, as follows:
WHEREAS Eleazar McComb, Esq., the Auditor of Accounts for this State, on the 24th June, 1786, was elected by the General Assembly the Commissioner to complete a settlement of the ac- counts of this State with the United States; and some doubts have been made by Mr. McComb, whether the said appointment continues, so as to authorize him to proceed in the said business with the Commissioner, or his deputy, appointed under the or- dinance of Congress, of the 7th May last, for settling the accounts between the United States and individual States for the district of which this State forins a part; therefore
Resolved, That it is the opinion of this General Assembly, that the appointment made of the said Eleazar McComb as aforesaid doth still continue; and he is hereby authorized and required to use all due diligence in collecting and stating such accounts of this State as come within the description of the accounts and claims of individual States against the United States, as enumer- ated in the ordinance aforesaid; and to procure sufficient or the best attainable vouchers to support the accounts and claims of this State against the United States; and for this end he is hereby impowered to call for books and papers relating to the same, which have come to the hands or possession of any person in public office or appointment, or after into the possession of others by means thereof, giving descriptive acknowledgments thereof to the person from whom they may be received; and finally to transact with the Commissioner of the District all the necessary business relative to this important object.
2. That in case of the death, inability, or refusal to act, of the said Eleazar McComb, as State Commissioner as aforesaid, it is the opinion of the General Assembly that his Excellency the President, in their recess, appoint some other suitable person to act as State Commissioner in the business aforesaid.
3. That Mr. McComb, as Auditor of this State, do forthwith call to account all persons who have been in any ways intrusted with any public monies belonging to the State, or wherewith the State may be chargeable, or who may have been appointed or employed on behalf of the State, or any part thereof, in collecting or receiving of supplies intended for the use of the United States, that the Auditor, in his character of State Commissioner as afore-
1
1
1
THE DELAWARE STATE, 1787. 1085
said, may be the better enabled to make the exhibits on the part of this State against the United States, within the time limited by the ordinance of Congress aforesaid; and in case of refusal or neglect so to account, that the Auditor, without delay, there- after canse process to be issued against every such delinquent, as · in and by the act for the auditing and arranging the accounts of this State it is prescribed.
4. That Mr. McComb ought to have an allowance adequate to his services as State Commissioner, and that this General As- sembly, at their future meeting, will make provision therefor; or in case of other appointment as aforesaid in like manner for such appointee.
Ordered, That the said resolutions be transcribed and sent to the House of Assembly for their consideration and concurrence.
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 to alter and supply certain parts of an act entitled 'An act for raising £10,500 for the service of the year 1787,' and to. repeal an act for appropriating the sum of {10, 500, and for other appropria- tion thereof, and other purposes,'" with a petition and three memorials from sundry of the inhabitants of New Castle County, praying a repeal of the appropriation act; which said papers were delivered to him by a member of Assembly after the adjournment of Council; which said bill was read.
Ordered to lie on the table. 3
WHEREAS it appears by the report of a committee of the House of Assembly, of the 27th of January last, on page 28 of the printed minutes, that large sums have been advanced by this State on behalf of the United States, amounting to more than
M
1086
MINUTES OF THE COUNCIL OF
ten thousand five hundred pounds, which this State ought to have had a credit for with the United States, on former specie requisitions of Congress, and to which sum further additions, in the opinion of the Auditor, may now be made; and as great de- lay hath happened with respect to the obtaining those credits; it is therefore
Resolved, That it be recommended to his Excellency the Pre- sident that he take effectual order to have the business aforesaid performed as soon as reasonably may be, and that he appoint some suitable person to collect all vouchers relative to, or neces- sary for, the same; and to personally solicit such a credit at the Board of Treasury of the United States, or other public office connected therewith, at the expense of the State; and for this end the President may draw his order on the State Treasurer for such sum, in advance, for this service, as he may judge reasonable.
Ordered, That the said resolution be transcribed, and sent to the House of Assembly for their concurrence.
Agreeable to the order of the day, the Council and the House of Assembly met, in the Council Chamber, and proceeded to the nomination of persons as Delegates to represent this State in Congress.
But it was previously
Resolved, That three persons be elected as Delegates from this State to Congress, &c.
The following persons were then put in nomination, to wit : Major John Patten, Isaac Grantham, Esq., Dyre Kearny, Esq., Nathaniel Mitchell, Esq., and Thomas Rodney, Esq.
Then the two Houses separated for the space of fifteen minutes.
The Council and the House of Assembly now met, in the Council Chamber, and proceeded, by joint ballot, to the election of Delegates to represent this State in the Congress of the United States of America until the first Monday in November next, and the ballots being taken and examined, Dyre Kearny, Nathaniel Mitchell, and Thomas Rodney, Esquires, were declared to be duly elected.
Then the two Houses separated.
1087
THE DELAWARE STATE, 1787.
By special order, the bill to alter and supply certain parts of the act for raising ten thousand five hundred pounds, &c., was read a second time.
The said bill was read the third time by paragraphs and passed the House.
On the question for passing the same being put, the yeas and nays were required by Mr. Tilton, and they are as follows:
Yeas-Mr. Cook, Mr. Read, Mr. Laws, Mr. Polk.
Nays-Mr. Tilton, Mr. Baning.
So it was determined in the affirmative.
Mr. Raymond, a member of Assembly, was admitted and he returned the resolutions of Council continuing the powers of Eleazer McComb, Esq., as State Commissioner, and the resolu- tion for the President to appoint some suitable person to collect vouchers, &c., both concurred in by the House of Assembly.
Ordered, That the Clerk of this House make out two copies of the first resolutions, one to be delivered to the President, and the other to the Auditor; also one copy of the last mentioned resolution for the President.
Then the Council allowed the following accounts for the attend- ance of the members and for public service rendered to the State:
To the Hon. Thomas McDonough, Esq., Speaker,
for 21 days' attendance and for mileage, . £ 19 18 0
To George Read, Esq., for 19 do. do., 12 18 O
To James Tilton, Esq., for 17 do., 10 4 0 To Jolin Baning, Esq., for 18 do., 10 16 O To John Cook, Esq., for 20 do. do., 12 8 0
To Daniel Polk, Esq., for 21 do. do., 13 18 0
To Alexander Laws, Esq., for 21 do. do., 13 14 8
To James Sykes, Esq., Clerk, for 23 do., 14 7 6
To James Sykes, Esq., for transcribing the minutes, &c., &c., 37 14 472
To Mrs. Elizabeth Battell, for the use of a room, &c., 13 10 0
To Benjamin Crooks, Sergeant-at- Arms, 8 17 O
£168 5 612
£
062
8
1088
MINUTES OF THE COUNCIL OF
Resolved, That orders be drawn on the State Treasurer, and signed by the Speaker, for the payment of the several sums aforesaid.
Whereupon orders were drawn and signed accordingly.
Ordered, That the Clerk of this House transcribe the Minutes of the Council of the session of August last, and of the present session, November, and that Messrs. Tilton and Cook revise the said transcribed minutes and superintend the printing of two hundred copies of the same.
Mr. McCall, a member of Assembly, attending, was admitted, and he delivered to the Chair a resolution of that House for affix- ing the Great Seal to the several laws passed this session of the General Assembly; which was read, and follows in these words:
IN THE HOUSE OF ASSEMBLY, Nov. 10th 1787.
On motion,
Resolved, That the President or Commander-in-Chief affix the Great Seal of this State to the following laws:
I. "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 less number;"
2. "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;"'
3. "An act for altering the place of election for the County of Sussex for the present year, 1787;"
4. "An act to alter and supply certain parts of an act entitled 'An act for raising {10, 500 for the service of the year 1787,' and to repeal an act entitled 'An act for appropriating the sum of £10,500,' and for other appropriation thereof, and other pur- poses.' "'
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
Resolved, That this House concur in the said resolution.
0
T
1089
THE DELAWARE STATE, 1787.
The same member also delivered to the Chair the bills above mentioned engrossed, in order to be signed by the Speaker.
Ordered, That the Speaker sign the aforesaid engrossed bills; which was done accordingly.
Ordered, That the said bills, with the resolution for affixing the Great Seal, as concurred in by this House, be returned to the House of Assembly by Mr. Laws;
Who reported, &c.
On motion, ordered that the time and place specified in the act, passed this present session, for altering the place of election for the County of Sussex for the present year, be inserted in the writ ordered on Friday last for a new election in that county.
The Clerk of the House of Assembly delivered to the Council a written notice, signed by the Speaker of the House of Assem- bly, that the House of Assembly had this day adjourned to Mon- day, the seventh day of January next.
The Council then adjourned to the same day.
137
MINUTES OF COUNCIL.
1788.
VOTES AND TE
MEMBERS' NAMES.
FOR NEW CASTLE COUNTY :
GEORGE READ, NICHOLAS VANDYKE, THOMAS MCDONOUGH.
FOR KENT COUNTY :
JAMES TILTON, JOHN BANING, JOHN COOK.
FOR SUSSEX COUNTY :
DANIEL. POLK, ALEXANDER LAWS, ISAAC HORSEY.
北四情書門 25日及路公室
OK
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, JANUARY, 1788.
At a meeting of the Council, by adjournment, at Dover, Janu- ary 7th, 1788, a sufficient number of the members not having met to form a quorum, they adjourned from day to day until Friday, the 18th of the same. month, when there appeared as follows:
For New Castle County-Thomas McDonough, Esq., Speaker, George Read.
For Kent County-James Tilton, John Baning, Jno. Cook.
For Sussex County-Daniel Polk, Alexander Laws.
It appears by the returns of the officers of the County of Sussex, appointed by law to be Judges of Elections, that on the 26th of November last, at the house of Rob. Griffith, at Deep Creek Furnace, usually called Vaughn's Furnace, in Nanticoke Hundred, that Isaac Horsey, of the said county, was chosen to represent the said county as a member of the Legislative Council of the Delaware State for three years next ensuing the said elec- tion.
James Sykes, Esquire, Clerk of this House, having resigned, the House proceeded to the choice of a Clerk, when John Ed- munds Clayton was unanimously chosen ; who then took the oath prescribed by the Constitution, and subscribed the declara- tion of faith therein required, and also took and subscribed the oath of office. [See note on page II.]
T
1094
MINUTES OF THE COUNCIL OF
Mr. Speaker laid on the table a petition, signed by a number of the inhabitants of Sussex County, delivered him by a member of the House of Assembly, complaining of an undue election at the time aforesaid, together with a list of witnesses for the peti- tioners, and praying that inquiry should be made into the truth of the facts stated therein, and that they might be heard by Council.
On motion, ordered that the same be read; which was done accordingly.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members, except Mr. Tilton.
The Speaker laid on the table a letter from James Adams, of Wilmington, printer, of the roth instant, praying the House that they would favor him with the printing of the business of their House, and containing an account for printing 200 copies of the votes and proceedings of their House from a. session in October, 1783, to their session in May, 1787, both included, making fifty- five sheets, at 28s. a sheet, and for conveying the Kent and Sussex numbers of those copies to Dover.
The same were read and referred to the Auditor.
On motion, by special order, the petition from Sussex County, complaining of an undue election, was read a second time.
Whereupon it is ordered,
That it be notified to such of the petitioners as may be in the Town of Dover, that the Council will be ready, to-morrow, at eleven o'clock in the forenoon, to go into an inquiry of the facts set forth in their petition complaining of an undue election in Sussex County, on the 26th of November last, for a member of this House, and that they may be heard by one gentleman of the law, as their counsel, on this business.
£
1095
THE DELAWARE STATE, 1788.
Ordered also,
That Peter Fretwell Wright, High Sheriff of Sussex County, and now in attendance in the Town of Dover under the order of the House of Assembly, be notified to attend the Council at the time aforesaid, for examination respecting the said election, and that the foregoing orders be transcribed by the Clerk, to wit: two copies, one to be served by the Sergeant-at-Arms on such of the petitioners aforesaid as may be in Dover, returning the names of the persons served therewith to this House at the time aforesaid, and the other on the High Sheriff aforesaid.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.