USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 27
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Adjourned to ten o'clock to-morrow morning.
SATURDAY, A. M., January 19th, 1788.
Council met. Present the same members.
On motion, ordered that the doors of this House be set open during the inquiry into the validity of the Sussex election.
The Sergeant-at-Arms reported that he had notified, agreeable to the orders of yesterday, Peter F. Wright, the High Sheriff of Sussex County, and such of the petitioners as were in the Town of Dover, viz: William Clayton Mitchell, Simon Kollock, Isaac Atkinson, Nathaniel Waples, William Peery, and David Hall.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met according to adjournment. Present the same members, and Mr. Tilton.
On motion, ordered that the Sheriff of Sussex County be
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again notified to attend this House to be examined concerning the Sussex election, who appeared in the House.
On motion, ordered that the petition from Sussex County, complaining of an undue election, be read by the Clerk to him; which was done accordingly.
Council then went into the examination of Peter F. Wright, Sheriff of Sussex County, concerning the late election, and after some time, on motion, he obtained leave to withdraw.
Adjourned to Monday morning, 10 o'clock.
MONDAY, January 21st, 1788, A. M.
Council met according to adjournment.
The Doorkeeper informed the Speaker that Joseph Miller, Esq., as Counsel for the petitioners complaining of the undue election, then was in waiting and desired to be admitted before the Council.
Whereupon he was admitted, and made his apology for not attending sooner upon the business aforesaid. And he informed the House that such of the petitioners as had been attendant on the like complaint made to the House of Assembly, and also the witnesses produced to and examined by the House of Assembly, were gone to their respective places of residence; that the exami- nations had before the House of Assembly, as well of the witnesses in the petitioners list as others, were before the House of Assem- bly on oath and reduced to writing there, and probably did con- tain sufficient information for the Council to proceed into the inquiry of the facts alleged by the petitioners in their complaint, and that, as their counsel, he prayed that the depositions so taken might be admitted in evidence before this House.
And then the House took into consideration the proposition made by Mr. Miller on the part of the petitioners, Mr. Horsey, the returned member for Sussex County being present, and
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thereupon recommended it to Mr. Miller to reduce his proposi- tion in writing, and present the same at the meeting of the House in the afternoon, when it was also recommended to the returned member to declare his sense thereof in writing.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met according to adjournment.
Mr. Miller, counsel on the part of the petitioners, presented to the Chair the following petition, viz:
To the honorable the Legislative Council of the Delaware State :
The subscriber respectfully represents, that as the witnesses summoned by the honorable Assembly to give evidence on the controverted election for the County of Sussex, agreeably to the prayer of the petition now before the honorable Legislative Coun- cil, have returned home, and as the testimony of those witnesses has been taken in writing by the other honorable branch of the Legislature, the subscriber, in order to avoid expense and delay, prays, on behalf of the petitioners, whom he represents as their counsel, that the depositions of the said witnesses, as taken by the honorable Assembly, may be received by your honorable House as legal evidence concerning the election now in dispute.
Dover, 21st Jan., 1788.
JOSEPH MILLER, Counsel for the petitioners.
Mr. Isaac Horsey, the returned member for Sussex County, also presented to the Chair the following declaration, viz:
I, Isaac Horsey, a returned member for the County of Sussex to the Legislative Council of the Delaware State, chosen and elected on the 26th of Nov. last, which election is now contro- verted, do, for the more easy and speedy determination of the legality of the said election, hereby agree that the depositions lately taken before the honorable House of Assembly of this I 38
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State, touching the legality of the said election, may be read and taken as evidence in this House so far forth as may tend to prove either the legality or illegality of said election.
Witness my hand this 21st day of January, Anno Domini, 1788.
ISAAC HORSEY.
On motion,
Resolved, That this House, agreeable to the above prayer of Mr. Miller, counsel on the part of the petitioners, and the decla- ration of Isaac Horsey, returned member, will receive the depo- sitions of the said witnesses, as taken by the House of Assembly, in evidence as to the election now in dispute.
It was then represented by Mr. Miller, counsel on the part of the petitioners, that the House of Assembly, not having yet acted upon the testimony contained in the depositions taken before them on the contested election for Sussex County, he could not, as yet, with propriety, apply to that House for a transmission of those depositions to Council, but that he was informed the busi- ness of considering and deciding thereon would be speedily taken up by the House of Assembly and that he should immediately after make the application for such transmission.
Adjourned to ro o'clock to-morrow morning.
TUESDAY, A. M., January 22d, 1788.
Council met according to adjournment. Present the same members, except Mr. Cook.
Mr. Speaker laid upon the table a message from the President to the General Assembly, delivered to him by a member of the House of Assembly, accompanied with letters and papers therein referred to; which said message was read, and is as follows:
Gentlemen of the General Assembly :.
Since my last message to you the following dispatches have come to my hand:
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A letter from the Secretary of Congress, of the 18th of October last, with its inclosures ; another from the Board of Treasury, circular, of the 8th of November, with its inclosures ; and two others from the Governor of Virginia, one of November 14, the other of December 27, with their inclosures. All of which I have requested your Clerk to lay before your honors, for your consideration. THOMAS COLLINS.
January 21, 1788.
All which letters and papers were read, except the letter from the Board of Treasury "Circular," of the 8th of November last, with its inclosures, which do not appear among the said letters and papers referred to in the said message.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met according to adjournment.
Adjourned till to-morrow morning, 10 o'clock.
WEDNESDAY, A. M., January 23, 1788.
Council met. Present the same members.
Mr. Evans, a member of Assembly, attending, was admitted and delivered to the Chair the petitions from Sussex County, signed by four hundred and five petitioners, complaining of an undue election in said county, and the depositions of the wit- nesses examined and taken, in writing, by the House of As- sembly, together with the list of voters and polls, or tallies, concerning the same, for the consideration of this House.
Adjourned to 3 o'clock.
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Council met according to adjournment.
Mr. Vandyke appeared in the House and took his seat.
On motion, ordered,
That a verbal message be sent to the House of Assembly, rep- resenting that the Council are informed that the declaration of Rhoads Shankland, Esq., a returned member of the House of Assembly at the late contested election for Sussex County, was received in that House, of a fact stated in the petition against the said election, to wit: "That the said Rhoads Shankland was seen, on the Sunday preceding the said election, at the head of a party, armed with muskets, going toward the place of election;" and the same declaration not appearing among the written testi- mony laid before the Council respecting the said election, and requesting that the honorable House of Assembly will have that declaration reduced to writing and transmit the same to this House as soon as conveniently may be.
Adjourned to 10 o'clock to-morrow morning.
THURSDAY, A. M., January 24, 1788. Council met according to adjournment. Absent, Mr. Tilton.
Mr. Vining, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following message, viz:
A MESSAGE FROM THE HOUSE OF ASSEMBLY TO THE LEGISLA- TIVE COUNCIL.
Gentlemen :
The House of Assembly beg leave to inform the Legislative Council that the declaration of Rhoads Shankland, Esquire,
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amounted in substance to the following information, viz: "That the said Rhoads Shankland, as the distance from his house to the place of holding the late election was considerable, went part of the way on Sunday evening, on which evening he was overtaken by three men armed with muskets, with whom he rode some dis- tance, after which they separated."
The House now went into the consideration of the petition from Sussex County respecting the contested election, and after some time spent therein, on motion, the same was postponed until three o'clock this afternoon.
Adjourned to 3 o'clock in the afternoon.
EODEM DIE, P. M.
Council met according to adjournment, and, agreeable to order, resumed the consideration of the petitions from Sussex County, together with the testimony transmitted from the House of Assembly respecting the same.
On motion, "Shall Council postpone the business of the Sussex election until to-morrow morning ?". Passed in the negative.
On motion, that the petition from Sussex County, complaining of an undue election there, on the 26th of November last, of a member to represent that county in this House, be dismissed, and that the return made of the election of Isaac Horsey as a member of this House, to represent that county, be confirmed; and thereupon
Resolved unanimously, That the said petition be dismissed, and that the said return be confirmed.
Adjourned to 10 o'clock to-morrow morning.
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FRIDAY, A. M., January 25th, 1788.
Council met according to adjournment. Absent, Mr. Baning.
Isaac Horsey, the returned member for Sussex County, now took the oath of allegiance and subscribed the declaration of faith prescribed by the twenty-second article of the Constitution of this State. [See note on page 10.]
On motion of Mr. Read, that a committee be appointed to bring in a bill for repealing all such acts or parts of acts as are repugnant to the treaty of peace between the United States and his Britannic Majesty,
The committee appointed to bring in the said bill were Mr. Read, Mr. Vandyke, and Mr. Horsey.
Ordered, That Mr. Polk return to the House of Assembly the President's Message of the 21st of January, together with the letter from the Secretary of Congress, of the 18th of October, and its inclosures, and one set of the letters and resolutions from the President of Virginia, of the 14th of November, and the letter of the 27th of December, with one copy of an act of the General Assembly of that State therein inclosed.
The committee appointed to bring in a bill for repealing all such acts or parts of acts as are repugnant to the treaty of peace between the United States and his Britannic Majesty, now pre- sented a draught thereof on the table; which, by order, was read.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met according to adjournment.
The Speaker laid on the table a bill entitled "An act for incor- porating the Physicians of this State," which had been delivered to him by a member of the House of Assembly. The said bill was read.
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THE DELAWARE STATE, 1788.
Ordered to lie on the table.
The bill for repealing all such acts or parts of acts as are re- pugnant to the treaty of peace between the United States and his Britannic Majesty, was, by special order, read a second time.
The said bill was read a third time and passed the House.
Ordered, That Mr. Horsey wait on the House of Assembly with the aforesaid bill, for their consideration and concurrence;
Who, being returned, reported the delivery thereof agreeable to order.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, A. M., January 26th, 1788.
Council met agreeable to adjournment. Mr. Baning now ap- peared in the House.
Mr. Massey, a member of the House of Assembly, attending, was admitted and presented to the Chair a memorial of Joshua Clayton, Esquire, together with a report of a committee of that House respecting the same; which, upon motion, were read the first time.
The bill empowering the Board established by Congress to liquidate and settle the accounts between the United States and individual States, having been read in Council the 2d of Febru- ary, 1787, was now read a second time.
On motion, that the same be referred to a committee of three to report thereon, the members appointed were Mr. Vandyke, Mr. Read, and Mr. Baning.
Council now went into the consideration of the bill to repeal the act entitled "An act for the further security of the Govern- ment,", which was read the first time in Council on the 6th of November last, and the same was postponed until Monday next.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met. Present the same members.
Mr. Polk, a member of the House of Assembly, attending, was. admitted and presented to the Chair a bill for continuing an act entitled "An act for the settlement of the accounts of the Wil- mington Lottery."
The same member also returned the bill for repealing all acts or parts of acts repugnant to the treaty of peace between the United States and his Britannic Majesty, concurred in by that House.
Whereupon ordered that the said bill be engrossed.
The bill for continuing an act entitled "An act for the settle- ment of the Wilmington Lottery," was read the first time.
Mr. Read presented to the Chair a petition of William Brown, praying an appointment of Judges of Appeals; which was read.
Ordered to lie on the table.
The bill for continuing an act entitled "An act for the settle- ment of the accounts of the Wilmington Lottery," was, by special order, read a second time and passed the House.
Ordered, That Mr. Polk wait on the House of Assembly and return the said bill, concurred in by Council.
Adjourned to 10 o'clock on Monday morning.
MONDAY, A. M., January 28, 1788.
Council met according to adjournment.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
The Council met according to adjournment.
The House now resumed the consideration of the bill to repeal the act entitled "An act for the further security of the Govern- ment," and the same was deferred for further consideration.
Adjourned to 10 o'clock to-morrow morning.
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TUESDAY, A. M., January 29, 1788.
Council met according to adjournment.
Mr. Speaker laid upon the table a petition of Sarah Tully, for appointing Commissioners for the Town of Dover, a report of a committee of the House of Assembly thereupon, and a bill ap- pointing Commissioners for the town aforesaid, &c., which were delivered him by a member of that House.
The said papers were severally read. Ordered to lie on the table.
Mr. Hazzard, a member of the House of Assembly, attending, was admitted and presented to the Chair three petitions from sundry owners of marshes on St. Georges Creek, together with a report of two of a committee appointed to view said marsh; also a bill entitled "A supplementary act to an act entitled 'An act for stopping St. Georges Creek and for embanking and draining a quantity of marsh and cripple on both sides the said creek, being deemed about three thousand acres, situate in Red Lion and St. Georges Hundreds and County of New Castle, and for keeping the dykes and drains belonging to the same in good order and repair,' " and a letter from William Hall to Henry W. Pearce, accompanying the same.
On motion, by order, the said papers were severally read.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met according to adjournment.
The committee to whom was referred the bill to authorize the Board established by Congress for liquidating public accounts and call before them witnesses, &c., now report, that they ap- prehend such provision as was intended by the said bill to be made is rendered unnecessary by an alteration in the establish- ment of the board aforesaid and a repeal of the act of the 13th of October, 1786, by their subsequent act of May last.
Which report being read and approved, the bill aforesaid is disagreed to, and ordered to be returned to the House of As- sembly, with a copy of the foregoing entry of the report and proceeding thereon.
Ordered, That Mr. Vandyke wait on the House of Assembly and return the said bill, with the report of the committee thereon, and a letter, of the 16th of October, 1786, from the Secretary of Congress, No. 5, and its inclosure, No. 5.
Council now resumed the consideration of the bill for repealing an act entitled "An act for the further security of the Govern- ment;" whereupon, on motion, ordered that the said bill be referred to a committee of three, viz: Mr. Vandyke, Mr. Read, and Mr. Polk, to report thereon.
The memorial of Joshua Clayton, Esquire, and the report of a committee of the House of Assembly thereupon, was, by order, read a second time; and the question being put, "Do this House agree to the said report?" the House was divided, and Mr. Speaker gave his voice in the affirmative.
Ordered, That Mr. Laws wait on the House of Assembly and return the said memorial, with the report of the committee there- upon.
Adjourned to 10 o'clock to-morrow morning.
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WEDNESDAY, A. M., January 30, 1788.
The Council met according to adjournment.
Mr. Laws reported the delivery of the last mentioned papers to the House of Assembly, agreeable to order.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met according to adjournment.
On motion, by order, the bill entitled "An additional supple- mentary act to an act entitled 'An act for stopping St. Georges Creek and for embanking and draining a quantity of marsh and cripple on both sides of the said creek, &c.,' " was read a second time.
On motion, that Mr. Henry W. Pearce, one of the principal owners of the marsh aforesaid, be admitted before this House to give information respecting the circumstances of the marsh and cripple on the said St. Georges Creek, the same was granted.
Council then proceeded to the consideration of the said bill, and after some time spent therein, the same was deferred until to-morrow morning.
Adjourned to 10 o'clock to-morrow morning.
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THURSDAY, A. M., January 31st, 1788.
Council met according to adjournment. Mr. Tilton now ap- peared in the House.
Mr. Massey, a member of the House of Assembly, attending, was admitted and delivered to the Chair a paper, No. I, pur- porting to be proposals, by George Read, to the honorable com- mittee of that House, as to a revision of the Acts of Assembly of this State for the purpose of reprinting the same, and a resolu- tion of that House accepting and agreeing to the said proposals.
Agreeable to the order of yesterday, Council resumed the con- sideration of the bill entitled "An additional supplementary act to an act entitled 'An act for stopping St. Georges Creek, &c;' " which, by order, was read a third time by paragraphs, and an amendment proposed and agreed to.
Adjourned to 3 o'clock.
. EODEM DIE, P. M.
The Council met according to adjournment.
Ordered, That the amendment proposed to the last mentioned bill be transcribed and sent, with the said bill, to the House of Assembly, by Mr. Laws, for their consideration.
Mr. Laws reported the delivery thereof according to order.
On motion, by order,
The paper, No. I, purporting to be proposals by George Read, Esq., for revising the Laws. of this State, and the resolution of the House of Assembly thereon, were read the first time.
Mr. Cannon, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following resolution:
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IN THE HOUSE OF ASSEMBLY, P. M., Jan. 31, 1788. On motion,
Resolved, That Mr. Cannon wait on the Council, and propose to that honorable body that both Houses of the General Assem- bly meet, in the Council Chamber, to-morrow morning at twelve o'clock, to put in nomination persons to be balloted for to fill the vacancies of Justices for the Courts of Common Pleas and Orphans' Courts for the Counties of New Castle and Kent.
Extract from the minutes.
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly. .
The same member delivered to the Chair a resolution of that House for adjourning on Saturday next to some future day, and returned also the bill entitled "A supplementary act to an act en- titled 'An act for stopping St. Georges Creek, &c.,'" and the amendment proposed by Council acceded to by that House.
The said resolution was read.
On motion,
Resolved, That Council concur in the above resolution of the House of Assembly for putting in nomination persons to be balloted for to supply the vacancies of Justices in the Courts of Common Pleas and Orphans' Courts for the Counties of New Castle and Kent.
Ordered, That the same be returned to the House of Assem- bly, by Mr. Polk, as concurred in by this House.
Adjourned to ten o'clock to-morrow morning.
FRIDAY, A. M., February 1, 1788.
The Council met according to adjournment.
Mr. Shankland, a member of the House of Assembly, attend- ing, was admitted and presented to the Chair the Auditor's Report of the 6th of November, 1787, and a report of a com-
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mittee of that House respecting the revising and reprinting the Laws of this State, which had been omitted amongst the papers sent to Council yesterday afternoon respecting the same; which said papers were, by order, severally read.
On motion,
Resolved, That the Auditor's Report aforesaid be concurred in.
Mr. Robinson, a member of the House of Assembly, being admitted, presented to the Chair a petition of William Brown for the institution of a Court of Appeals, a report of a committee of that House thereupon, and a bill for establishing a Court of Appeals.
The Council and the House of Assembly met, in the Council Chamber, and proceeded to the nomination of persons out of whom Justices shall be elected, by ballot, to fill the vacancies in the Courts of Common Pleas and Orphans' Courts for the Coun- ties of New Castle and Kent, as follows:
For New Castle County-Thomas McDonough, Esq., Thomas Robinson, Esq.
For Kent County-John Clayton, Esq.
Resolved, That the Speakers of the two Houses be desired to notify his Excellency, the President, by letter, of the aforesaid nominations, and to request his attendance, at one o'clock in the afternoon of to-morrow, to ballot for Justices to fill the vacancies aforesaid.
Resolved, That both Houses now separate, and that they meet again to-morrow, at one o'clock in the afternoon, to ballot for Justices to fill the vacancies aforesaid.
Then the two Houses separated, and Council adjourned to 3 o'clock. €
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EODEM DIE, P. M.
Council met according to adjournment.
Mr. Massey, a member of the House of Assembly, attending, was admitted and presented to the Chair a bill for suspending the operation of an act respecting the estate of John Vining, Esq .. deceased.
Ordered, That Mr. Tilton wait on the House of Assembly and return the Auditor's Report of the 6th of November, 1787, con- curred in by this House.
On motion, by order,
The memorial of William Brown, and the report of the com- mittee of the House of Assembly thereon, together with the bill for establishing a Court of Appeals for this State, were severally read.
Ordered to lie on the table.
The bill for suspending the operation of an act respecting the estate of John Vining, Esq., deceased, was, by order, read.
Ordered to lie on the table. .
By special order, the bill for establishing a Court of Appeals, was read a second time.
The said bill was read a third time by paragraphs, and after several amendments being proposed and agreed to, the same was ordered to be transcribed and sent, with the said bill and the several papers which accompanied the same, to the House of Assembly, for their consideration.
Mr. Latimer, a member of the House of Assembly, was admit- ted and delivered to the Chair the Auditor's Report, dated Jan. 29th, 1788, agreed to by that House, sent for the consideration and concurrence of Council.
On motion,
Resolved, That Council concur in the resolution of the House
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of Assembly respecting the proposals contained in the paper, No. I, of George Read, Esq., for revising and reprinting the Laws of this State.
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