USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 28
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Ordered, That the same be returned to the House of Assem- bly, by Mr. Horsey, as acted upon by this House.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, A. M., Feb. 2d, 1788.
Council met according to adjournment. Mr. Cook appeared in the House.
Mr. Horsey reported the delivery of the last mentioned papers, agreeable to order.
On motion, by order,
The bill for suspending the operation of an act respecting the estate of John Vining, Esq., deceased, was read a second time.
The said bill was read a third time by paragraphs, and several amendments being proposed thereto, was agreed to by Council.
On motion, by order, the Auditor's Report of the 29th of Jan- uary, 1788, was read and concurred in ..
Ordered, That the amendments proposed to the foregoing bill be transcribed and returned, with the said bill and the Auditor's Report, to the House of Assembly by Mr. Tilton.
The Council and the House of Assembly having met, in the Council Chamber, for the purpose of electing Justices to fill the vacancies in the Courts of Common Pleas and Orphans' Courts for the Counties of New Castle and Kent, it was resolved and declared by both Houses that, although the vacancy in the Court of Common Pleas and Orphans' Court for the County of Kent was occasioned by the appointment of Thomas Collins, Esq., late Chief Justice thereof, to the Presidency of this State, yet it was not the intention of the General Assembly that the
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THE DELAWARE STATE, 1788.
person nominated was to be appointed to fill the place of Chief Justice, but the vacancy only of a Justice of the said Courts, and therefore that the nomination for the County of Kent remain open; whereupon a new one was made, as follows:
Richard Smith, Esq., was proposed for Chief Justice; Thomas White, Esq., for second Justice; James Bellach, Esq., for third Justice; John Clayton, Esq., for fourth Justice; and Isaac Carty, Esq., for fourth Justice of the said Courts.
Resolved, That both Houses meet, in the Council Chamber, at three o'clock in the afternoon, to elect Justices to fill the va- cancies aforesaid.
The two Houses being informed that, in consequence of the notification of yesterday, his Excellency, the President, is now in town,
Ordered, That Mr. Grantham, Mr. Vining, and Mr. Mitchell be a committee to wait on his Excellency, the President, and inform him that the General Assembly will be convened, in the Council Chamber, at three o'clock in the afternoon, to elect Justices to fill the vacancies in the Courts aforesaid, and request the attendance of his Excellency.
Then the two Houses separated, and Council adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met according to adjournment.
Agreeable to the order of the day, the Council and the House of Assembly met, in the Council Chamber, and his Excellency, the President, being conducted in by the committee, the Presi- dent and General Assembly proceeded, by joint ballot, to the election of Justices, separately, to supply the vacancies in the Court of Common Pleas and and Orphans' Court for the County of New Castle, and the ballot being taken and examined, Thomas McDonough, Esq., was declared to be duly elected third Justice
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of the said Courts, and Thomas Robinson, Esq., was declared to be duly elected fourth Justice of the said Courts.
The President and General Assembly proceeded, by joint ballot, to the election of Justices, separately, to supply. the va- cancy in the Court of Common Pleas and Orphans' Court for the County of Kent, and the ballots being taken and examined, Richard Smith, Esq., second Justice, was declared to be duly elected Chief Justice of the said Courts; Thomas White, Esq., third Justice, was declared to be duly elected second Justice of the said Courts; James Bellach, Esq., fourth Justice, was de- clared to be duly elected third Justice of the said Courts, and John Clayton, Esq., was declared to be duly elected fourth Jus- tice of the said Courts.
The President withdrew, both Houses separated, and the Council, met in the Council Chamber.
The House went into the nomination, and afterwards . balloted for three persons as Judges of the Court of Appeals, and the votes being cast up, it was declared that John Dickinson, Nicho- las Vandyke, and Joshua Clayton, Esquires, were duly elected.
Ordered, That the same be transcribed and sent to the House of Assembly by Mr. Cook.
Mr. Hazzard, a member of the House of Assembly, was admit- ted and presented to the Chair a letter from .the Honorable Dyre Kearney to the Speaker of the House of Assembly, with its in- closures, and a report of a committee of that House thereupon.
Mr. Speaker laid on the table a bill to enforce the collection of outstanding taxes, delivered to him by a member of the House of Assembly, sent for the concurrence of Council; which was read.
By special order, the said bill was read the second time and disagreed to.
On motion, for leave to bring in a bill entitled "A supplemen- tary act to the act entitled 'An act to alter and supply certain parts of an act entitled 'An act for raising ten thousand five hun- dred pounds for the year one thousand seven hundred and eighty- seven,' and to repeal an act entitled 'An act for appropriating the sum of ten thousand five hundred pounds,' and for other appropriation thereof, and other purposes,' " the same was
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THE DELAWARE STATE, 1788.
granted; whereupon Mr. Read presented to the Chair a bill for that purpose, which was read.
By special order, the said bill was read a second time.
Mr. Massey, a member of. the House of Assembly, was admit- ted and delivered to the Chair the following engrossed bills, viz: "An act to establish a Court of Appeals in this State;" "An act for continuing an act entitled 'An act for the settlement of the Wilmington Lottery,'" and "A further 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 Vining, Esq., deceased, formerly one of the Trustees of the Loan Office for the County of Kent,' "' signed by the Speaker of that House.
The aforesaid acts were then severally compared. Ordered that the same be signed by the Speaker.
The bill entitled "A supplementary act to the act 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,' &c.," was read a third time by paragraphs and passed the House.
Ordered, That Mr. Polk wait on the House of Assembly and deliver the aforesaid bill for their consideration and concurrence, and also return the last mentioned engrossed bill together with the engrossed bill entitled "An additional supplementary act to the act entitled 'An act for stopping St. George's Creek, and for embanking and draining a quantity of marsh and cripple on said creek," and also the engrossed bill entitled "An act for repealing all acts or parts of acts repugnaut to the treaty of peace between the United States and his Britannic Majesty," signed by the Speaker of this House, which last mentioned act is sent to be signed by the Speaker of the House of Assembly.
The same member also returned the bill to enforce the collec- tion of the outstanding taxes, as disagreed to by this House.
On motion, ordered,
That the Clerk of the Council give public notice, by advertise- ment, to be fixed on the door of the Court House in the Town of Dover, that a bill for appointing Commissioners for the said Town
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of Dover, and vesting in them divers powers of regulation, is now before the Council, the consideration whereof will be resumed at their next meeting, at which time any person having objections to the said bill or parts thereof may appear and make the same, and that a copy. of the said bill may be obtained by application to the Clerk of the Council.
On motion, by order,
The letter from the honorable Dyre Kearney to the Speaker of the 'House of Assembly, inclosing the statement of his account with the Delaware State, as also inclosing an account of the hon- orable Nathaniel Mitchell against the Delaware State, and the resolution of the House of Assembly thereon, were severally read.
Resolved, That the said resolution of the House of Assembly be concurred in.
Ordered, That the said papers be returned to the House of Assembly by Mr. Horsey, as acted upon by this House.
The same member also returned the three petitions of the owners of the St. George's meadows, and a report of a commit- tee of that House thereon.
Resolved, That the Council proceed to put in nomination per- sons out of whom shall be elected a Privy Councillor in the room of Charles Pope, whose time is expired, agreeable to the Consti- tution of this State; and thereupon Allen McLane, Esquire, only was nominated.
The House proceeded to the ballot, which being examined, the said Allen MeLane, Esq., was declared to be duly elected.
Resolved, That a certificate of the appointment of John Dick- inson, Nicholas Vandyke, and Joshua Clayton, Esquires, by the Council, as Judges of the Court of Appeals, be made out, signed by the Speaker, and delivered to the President, in order that they may be commissioned by him, agreeable to the 17th Article of the Constitution or System of Government of this State.
Mr. Polk, a member of the House of Assembly, was admitted and delivered to the Chair the engrossed bill entitled "A supple- mentary act to the act entitled 'An act to alter and supply certain parts of an act entitled 'An act for raising £10, 500 for the service
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THE DELAWARE STATE, 1788.
of the year 1787,' and to repeal an act entitled 'An act for ap- propriating, &c.,' " signed by the Speaker of that House.
The said bill was compared and signed by the Speaker of Council.
The same member also delivered the following resolution:
IN THE HOUSE OF ASSEMBLY, Feb. 2, 1788.
On motion,
Resolved, That the President and Commander-in-Chief affix the Great Seal of the State to the following acts:
I. An act for continuing an act entitled 'An act for the settle- ment of the accounts of the Wilmington Lottery;' "
2. "A further 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 the estate of John Vining, Esq., deceased, formerly one of the Trustees of the Loan- Office for the County of Kent;' "
3. "An additional supplementary act to an act entitled 'An act for stopping St. George's Creek, and for embanking and drain- ing a quantity of marsh and cripple on both sides of the said Creek, being deemed about three thousand acres, situate in Red Lion and St. George's Hundreds, and County of New Castle, and for keeping the dikes and drains belonging to the same in good order and repair;' "
4. "An act for repealing all acts, or parts of acts, repugnant to the treaty of peace between the United States and his Britannic Majesty, or any article thereof;"
5. "An act to establish a Court of Appeals in this State;"
6. "A supplementary act to the act entitled 'An act to alter and supply certain parts of an act entitled 'An act.for raising ten thousand five hundred pounds for the service of the year one thousand seven hundred and eighty-seven,' and to repeal an act entitled 'An act for appropriating the sum of ten thousand five hundred pounds, and for other appropriation thereof, and other purposes.'"
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
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On motion,
Resolved, That the same be concurred in.
Ordered, That Mr. Horsey wait on the House of Assembly and return the said engrossed bills and resolution.
A written notice was delivered to the Chair, signed by the Speaker of the House of Assembly, of the adjournment of that House to the 27th of May next.
Then Council allowed the following accounts, viz:
To the Hon. Thomas McDonough, Esq., Speaker, for his attendance in Council, 25 days and mile-
age, £ 23 10 0
To George Read, Esq., for 19 do. and mileage, 12 IS O
To Nicholas Vandyke, Esq., II do. do., 8 5 0
To John Baning, Esq., 16 do., 9° 12 0
To James Tilton, Esq., 8 do., 4 16 0
To John Cook, Esq., 14 do. do., 8 16 0
To Alexander Laws, Esq., 24 do. do., 15 10 8
To Daniel Polk, Esq., 18 do. do.,
II 9 0
To Isaac Horsey, Esq., 18 do. do.,
12 9 3
To James Sykes, Esq., for transcribing, &c., last ses- sion, 3 17 6
To John E. Clayton, 17 days' attendance, engrossing a bill, and cash expended, 11 15 9
To Benjamin Crooks. 27 days' attendance as Door- keeper, and notifying seven persons to attend Council, . 12 15 O
To Mrs. Elizabeth Battell, for the use of a room, fire- wood and candles, 20 0 0
£155 14 2
On motion,
Resolved, That orders be drawn on the State Treasurer by the Speaker for the payment of the several sums aforesaid.
Whereupon orders were drawn and signed accordingly.
Then Council adjourned to the 27th day of May next.
SIEVI
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, MAY, 1788.
At a session commenced at Dover, on Tuesday, the twenty- seventh day of May, in the year of our Lord one thousand seven hundred and eighty-eight, divers of the members met, but the number not being a quorum, adjourned to Wednesday, when there appeared as follows:
For New Castle County-Thomas McDonough, Esq., Speaker. For Kent County-James Tilton, John Baning, John Cook. For Sussex County-Alexander Laws. By order, the minutes of the last sitting of Council were read. Adjourned to 10 o'clock to-morrow morning.
THURSDAY, A. M., May 29, 1788.
Divers of the members met, but the number not being sufficient to form a quorum, adjourned to ro o'clock to-morrow morning.
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FRIDAY, A. M., May 30, 1788.
Council met. Present the same members as on Wednesday last.
On motion, by order,
The bill entitled "An act to incorporate the Physicians of the Delaware State, and for other purposes therein mentioned," read in Council on the 25th of January last, was now read a second time.
Ordered that the same be referred to a committee of three, to report thereon. The members appointed are Mr. Speaker, Mr. Tilton, and Mr. Cook.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met. Present the same members.
Mr. Tilton, from the committee to whom was referred the bill entitled "An act to incorporate the Physicians of the Delaware State, &c.," reported several amendments, which were read and agreed to.
Ordered, That the same be transcribed and sent, with the said bill, to the House of Assembly, by Mr. Cook, for their concur- rence.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, A. M., May 31, 1788.
Council met. Present the same members, and Mr. Read.
Adjourned to ro o'clock, Monday morning.
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MONDAY, P. M., June 2d, 1788.
Council met. Present all the members, except Mr. Vandyke.
Mr. Vining, a member of the House, of Assembly, was admit- ted and delivered to the Chair a bill entitled "An act to supply the loss of a deed made to Benjamin Chandler by the heirs of Goldsmith Edward Folwell, deceased;" which was read.
Ordered to lie on the table.
Mr. Read applied for leave of absence, which was granted. Adjourned to 10 o'clock to-morrow morning.
TUESDAY, A. M., June 3d, 1788.
Council met according to adjournment.
The bill entitled "An act to supply the loss of a deed made to Benjamin Chandler by the administrators of G. E. Folwell, de- ceased," was read a second time and deferred for further consid- eration.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met according to adjournment.
Mr. May, a member of the House of Assembly, was admitted and delivered to the Chair several notifications and certificates of Benjamin Chandler relative to a lost deed; which were read. -
Council took into consideration the bill entitled "An act to supply the loss of a deed made to Benjamin Chandler by the 141
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heirs of Goldsmith E. Folwell, deceased," and after some time spent therein, the same was deferred for further consideration.
The committee to whom was referred the consideration of the bill entitled "An act to repeal the act for the further security of the Government," now report in favor of the same, but are of opinion that provision should be made for the naturalization of foreigners, as the act of Assembly now in being for that purpose, since the change of government, is inadequate thereto; therefore they have essayed a draught of a bill, by way of supplement to that act of Assembly, which they submit to the consideration of Council.
On motion, by order,
The bill entitled "A supplementary act to the act entitled 'An act for naturalization,' " was read.
By special order,
The bill entitled "An act to repeal an act entitled 'An act for the further security of the Government,' " was read a third time by paragraphs and passed the House.
By special order,
The bill entitled "A supplementary act to the act entitled 'An act for naturalization,'" was read a second time, and a third time by paragraphs and passed the House.
Ordered that the said bill be transcribed.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, A. M., June 4, 1788.
Council met according to adjournment.
Ordered, That Mr. Cook wait on the House of Assembly and deliver the last mentioned bill for their consideration and concur- rence, and return the bill entitled "An act to repeal an act enti-
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THE DELAWARE STATE, 1788.
tled 'An act for the further security of the Government,' " as agreed to by Council.
Mr. Tilton delivered to the Chair the Auditor's report of the outstanding taxes of this State; which was read.
Ordered to lie on the table.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met.
Mr. Speaker laid on the table the petition of Benjamin Chand- ler respecting a lost deed, which had been omitted among the other papers relative thereto; also two petitions from divers in- habitants of New Castle County, praying leave to bring in a bill for the establishing of public marts or fairs at Cantwell's Bridge, in said county; which were read.
Ordered to lie on the table.
Mr. Hazzard, a member of the House of Assembly, being ad- mitted, delivered to the Chair a bill entitled "An act to enable John Warren, administrator de bonis non of Henry Killen, de- ceased, to convey unto Reynear Williams, administrator of Elijah Sipple, deceased, certain tracts of land situate in Mispillion Hun- dred, Kent County;" also the petition on which the said bill is founded, and a communication from the Auditor, of the 4th June, 1788; which were read.
Ordered to lie on the table.
The same member also delivered to the Chair a resolution of the House of Assembly; which was read, and is as follows:
IN THE HOUSE OF ASSEMBLY, June 4, 1788.
On motion,
Resolved, That a Joint Committee of both Houses be appoint- ed to consider the finances of this State of every kind and nature
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whatsoever; and for the purpose of enabling such committee to discharge the said duty, and for their information therein, that they be directed to require the Auditor to furnish them with a general account of all debts due by the State, of all debts due to the State, and of all engagements of the public to be speedily complied with, arranging them distinctly in the manner required by the 12th, 13th, and 14th sections of the act for amending and continuing the provisions made in the act for auditing and ar- ranging the accounts of this State; that they have power to require of all officers of this State intrusted with the public monies, mortgages, pledges, or other securities whatsoever, or of any persons whom it may concern, distinct and clear accounts of the same; and to examine into the sufficiency of sureties in all cases where bonds have been given for the execution of such trusts; and generally that they take such steps and report such measures as they may deem necessary to be adopted for the better conducting, directing, and ordering the revenues or finan- ces of this State. The members appointed on the part of this House are Mr. May, Mr. Clayton, Mr. Vining, Mr. Shankland, and Mr. Gordon.
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
On motion,
Resolved, That Council concur in the above resolution.
The members appointed on the part of this House, are Mr. Read and Mr. Cook.
Ordered, That Mr. Polk wait on the House of Assembly with the same, as acted upon by this House.
Adjourned to 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1788.
THURSDAY, June 5, 1788, A. M.
Council met according to adjournment.
Mr. McCall, a member of the House of Assembly, being ad- mitted, presented to the Chair a memorial of Thomas Rodney, Esq., executor of the testament and last will of Cæsar Rodney, Esquire, deceased, who was acting Trustee of the Loan Office for the County of Kent, praying a reexamination of the accounts of the said office, together with a resolution of that House there- upon; which were read, and deferred for further consideration.
The same member also delivered to the Chair a bill entitled "An act to appropriate the perquisites arising on tavern and marriage licenses;" which was read.
Ordered to lie on the table.
On motion of Mr. Read, for leave to bring in a bill for limiting the time for keeping open the Courts of General Quarter Sessions of the Peace and Goal Delivery in the respective Counties of this State, the same was granted; whereupon 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.
Council met according to adjournment. .
Mr. Hays, a member of the House of Assembly, was admitted and delivered, for the consideration and concurrence of Council, a bill, which was read, entitled "An act to provide for the appro- priation of such certificates of depreciation as have not been claimed by the persons justly entitled to the same," and return- ed the bill entitled "A supplementary act to the act for naturali-
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zation," with an amendment proposed by that House, which was read.
Ordered to lie on the table.
The same member also presented to the Chair the President's message of the 28th of January, 1788, setting forth the many evils which have arisen from the frequent practice of some of the Justices holding their meetings for the administration of justice at public inns or taverns, and the great impropriety of Judges or Justices of the Peace keeping public inns or taverns, and calling the attention of the General Assembly on those subjects; also relinquishing the perquisites arising on tavern and marriage licenses, and requesting the appropriation thereof to some other purpose; which was read.
Ordered to lie on the table.
Mr. Latimer, a member of the House of Assembly, was admit- ted, and delivered to the Chair a bill entitled "An act to authorize and empower the executors of the testament and last will of Richard McWilliam, the younger, late of New Castle County, deceased, to convey, in trust for the heirs and representatives of Patrick Lyons, deceased, a certain tract or parcel of land situate in Appoquinimink Hundred, in the County of New Castle," to- gether with a petition from the said executors, and sundry other papers, upon which the said bill is founded; which were read.
Ordered to lie on the table.
Mr. Revell, a member of the House of Assembly, was admit- ted and presented to the Chair a bill entitled "An act to regulate marriages," and a petition upon which the said bill is founded; which were read.
Ordered to lie on the table.
Council resumed the consideration of the bill entitled "An act to supply the loss of a deed made to Benjamin Chandler by the administrators of Goldsmith E. Folwell, deceased ; which, being read the third time, by paragraphs, and amended, passed the House.
Ordered, That the said amendments be transcribed and sent, with the bill, to the House of Assembly for their consideration and concurrence.
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The bill entitled "An act to empower John Warren, adminis- trator de bonis non of Henry Killen, deceased, to convey to Reynear Williams, administrator of Elijah Sipple, deceased, cer- tain tracts of land situate in Mispillion Hundred, Kent County," was read a second time.
Ordered, That the said bill, and the petition on which it is founded, be referred to Mr. Cook, Mr. Baning, and Mr. Polk, to report thereon.
Council took into consideration the amendment proposed by the House of Assembly to the bill entitled "A supplementary act to the act entitled 'An act for naturalization,'" and acceded to the same.
Ordered that the said bill be engrossed.
Adjourned to ten o'clock to-morrow morning.
· FRIDAY, June 6, 1788, A. M.
Council met according to adjournment.
The committee to whom was referred the bill entitled "An act to empower John Warren, administrator de bonis non of Henry Killen, deceased, to convey to Reynear Williams, administrator of Elijah Sipple, deceased, certain tracts of land, &c.," brought in their report; which was read.
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