USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 30
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On motion,
Resolved, That Mr. Ridgely be appointed to supply the place of George Read in the Committee on Finance, who was appointed on the part of Council on the 4th of June, 1788.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, A. M., October 25, 1788.
Council met.
Mr. Speaker laid before Council the following papers delivered him by a member of the House of Assembly, which were read, viz: a message from the President of the 23d of October instant; a circular letter from the Secretary of Congress of the 13th Sep- tember, 1788; and an act of Congress of the 13th of the same month, for giving operation to the new Constitution.
The Speaker also laid before the Council the following verbal message from the House of Assembly, viz:
The House of Assembly propose to the honorable the Council that both Houses of the Legislature meet, in the Council Cham- ber, to-morrow at twelve o'clock at noon, to put in nomination persons out of whom shall be elected by ballot two Senators to represent this State in the Congress of the United States, agree- able to the third section of the first article of the Constitution of the United States; it appearing, from the communication to this. General Assembly of the act of Congress of the 13th of Septem- ber last, for putting into operation the said Constitution, that the
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same hath been ratified in the manner therein declared to be sufficient for the establishment thereof.
JAS. BOOTH, Cl'k of Assembly.
Friday, P. M. Oct. 24th, 1788.
On motion,
Ordered, That Mr. Ridgely wait on the House of Assembly with the following verbal message:
The Council agree to the proposal made by your honorable House, of yesterday, for the meeting of both Houses of the Leg- islature in the Council Chamber to-day, at twelve o'clock, at noon, to put in nomination persons out of whom shall be elected two Senators to represent this State in the Senate of the United States, agreeable to the message of your honorable House; and the Council inform your honorable House that they will be ready to receive you in fifteen minutes.
Mr. Speaker laid upon the table a letter from George Read, Esq., of the 20th of October, instant; which was read.
Ordered to lie on the table.
Mr. Holland, a member of the House of Assembly, was admit- ted and delivered the following verbal message:
The House of Assembly propose to the honorable the Council that the two Houses of the General Assembly proceed to the nomination of persons out of whom shall be elected, by ballot, a Justice of the Court of Common Pleas and Orphans' Court for the County of Sussex, to supply the vacancy occasioned by the death of William Polk, Esq., at the time both Houses are con- vened to nominate persons for Senators.
On motion,
Ordered, That Mr. Vandyke wait on the House of Assembly with the following verbal message:
The Council agree to the proposal of your honorable House for putting in nomination persons out of whom to be chosen a Judge to supply the vacancy in the Court of Common Pleas and Orphans' Court of Sussex County, occasioned by the death of William Polk, Esq.
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THE DELAWARE STATE, 1788.
The General Assembly met, in the Council Chamber, and pro- ceeded to the nomination of persons out of whom shall be elected Senators to represent this State in the Senate' of the United States ; and also Justices of the Court of Common Pleas and Orphans' Court for the County of Sussex, to fill the vacancy occasioned by the death of William Polk, Esq., when the follow- ing gentlemen were nominated for Senators; viz: George Read, Esq., Gunning Bedford, Junior, Esq., and Richard Bassett, Esq. ; and the following nominations were made for Justices of the said Courts, viz: John Clowes, Esq., was nominated for second Justice; Alexander Laws for third Justice; Peter F. Wright for fourth Justice, and Simon Kollock for fourth Justice.
Resolved, That both Houses meet, in the Council Chamber, at three o'clock this afternoon, to ballot for Senators; and that they proceed, at four o'clock, to the election of Justices to supply the vacancy aforesaid.
Ordered, That Mr. Vining, Mr. Truitt, and Mr. Vandyke be a committee to wait on his Excellency, the President, and inform him that both Houses of the General Assembly will be convened in the Council Chamber, at four o'clock in the afternoon, to ballot for Justices to supply the vacancy aforesaid, and request the at- tendance of his Excellency.
Then both Houses separated, and Council adjourned to three o'clock.
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Council met according to adjournment.
The General Assembly met, in the Council Chamber, and pro- ceeded, by joint ballot, to the election of Senators to represent this State in the Senate of the United States, and the ballots being taken and examined, George Read and Richard Bassett, Esquires, were declared to be duly elected.
His Excellency, the President, being conducted in by the com-
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mittee, 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 in the County of Sussex, and the ballots being taken and examined, John Clowes, Esq., third Justice, was declared to be duly elected second Justice ; Alexander Laws, Esq., fourth Justice, was de- clared to be duly elected third Justice ; and Peter F. Wright, Esq., was declared to be duly elected fourth Justice of the said Courts.
The President withdrew, both Houses separated, and Council adjourned to Monday morning, 10 o'clock.
MONDAY, A. M.,. October 27, 1788.
Council met. Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met.
On motion of Mr. Ridgely, for leave to bring in a bill, by way" of supplement to an act entitled "An act directing the manner and form of securities to be given by Sheriffs, and prescribing a time for their returns on writs of fieri facias," the same was granted; whereupon he laid upon table a bill for that purpose; which was read.
By order, the said bill was read the second time and deferred for further consideration.
Mr. Bishop, a member of the House of Assembly, was admit- ted and delivered to the Chair a bill entitled "An act directing the time, places and manner of holding an election for a Repre- sentative of this State in the Congress of the United States, and
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THE DELAWARE STATE, 1788.
for appointing Electors, on the part of this State, for choosing a President and Vice-President of the United States, which was read.
Ordered to lie on the table.
Mr. Montgomery, a member of the House of Assembly, was admitted and delivered to the Chair a report of the Auditor, dated the 24th of October instant, which was read.
Ordered to lie on the table.
Adjourned to eight o'clock to-morrow morning.
TUESDAY, A. M., October 28, 1788.
Council met.
The bill entitled "An act directing the time, place and manner of holding an election for a Representative, &c.," was read the second time.
By special order, the said bill was read the third time by para- graphs and amended. ..
Ordered, That the said amendments be transcribed by the Clerk.
The report of the Auditor, dated the 24th instant, was read and agreed to, as follows:
The Auditor begs leave to report: That John McKinly, Esq., produced to him, in Wilmington, a small quarto paper book, which, he informed him, he had fortunately discovered among some old papers; that upon examining the same he found it con- tained accounts of the receipts and expenditures of public monies by the said John McKinly, Esq., as Treasurer of the Committee of New Castle County, as Military Treasurer of the said County, and as Speaker of the House of Assembly of this State; and the Auditor particularly noted that the sum of eight hundred and eighty-two pounds, twelve shillings and four pence, received by
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the said John McKinly, Esq., from Thomas Collins, Esq. on the 9th day of November, 1776, was therein credited and accounted for in a settlement made with a Joint Committee of the General Assembly, entered in the Journals of the House of Assembly for February, 1777, in page 103.
ELEAZER McCOMB.
Auditor's Office, Oct. 24th, 1788.
In the House of Assembly, Monday, P. M .; October 27, 1788, read and concurred in.
JAS. BOOTH, Cl'k of Assembly.
In Council, Tuesday, A. M., Oct. 28, 1788, read and agreed to. JOHN E. CLAYTON, Cl'k of the Council.
Ordered, That the foregoing report, together with the afore- said bill and amendments, be sent to the House of Assembly by Mr. Polk.
By special order,
The bill entitled "A supplement to an act entitled 'An act di- recting the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for their returns on writs of fieri facias,' " was read the third time by paragraphs and passed the House.
Ordered, That the same be transcribed and sent to the House of Assembly for their consideration and concurrence.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met.
The Speaker laid on the table the following resolution of the House of Assembly, delivered him by a member of that House, which was read, as follows:
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THE DELAWARE STATE, 1788.
IN THE HOUSE OF ASSEMBLY, TUESDAY, A. M., Oct. 28, 1788.
On motion,
Resolved, That this House intend to conclude the present ses- sion this evening by adjourning the same to a distant day.
JAS. BOOTH, Cl'k of Assembly.
Mr. Ridgely laid upon the table a petition of James Rumsey, of the State of Virginia, which was read.
Ordered to lie on the table.
Mr. James, a member of the House of Assembly, was admit- ted and returned the bill entitled "A supplement to an act entitled 'An act directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for their returns on writs of fieri facias," concurred in by that House.
Ordered that the same be engrossed.
Mr. Raymond, a member of the House of Assembly, was ad- mitted and returned the bill entitled "An act directing the time, places and manner of hokling an election for a Representative of this State in the Congress of the United States, and for appoint- ing Electors, on the part of this State, for choosing a President and Vice-President of the United States," with the amendments proposed thereto by Council acceded to by that House, to be signed by the Speaker of the Council; which said bill was com- pared and signed accordingly.
Ordered, That Mr. Polk wait on the House of Assembly and return the said bill, and also deliver the other engrossed bill, to be signed by the Speaker thereof.
Mr. Truitt, a member of the House of Assembly, was admitted and presented to the Chair the following resolution, viz:
IN THE HOUSE OF ASSEMBLY,
TUESDAY, P. M., Oct. 24, 1788.
On motion,
Resolved, That the President and Commander-in-Chief affix the Great Seal to the following laws:
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I. "An act directing the time, places and manner of holding an election for Representative of this State in the Congress of the United States, and for appointing Electors, on the part of this State, for choosing a President and Vice-President of the United States;"
2. "A supplement to an act entitled 'An act directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for their returns on writs of fieri facias.'''
JAS. BOOTH, Cl'k of Assembly.
Sent for concurrence.
In Council, codem die, read and concurred in.
Then the Council allowed the following accounts:
To the Hon. George Mitchell, Esq., Speaker, for 10
days' attendance in Council and mileage, II 12 0
To Gunning Bedford, Jun., Esq., for 7 do. do., 6 14 O
To Thomas Kean, Esq., 5 do. do., 5 50 To Nicholas Vandyke, Esq., 8 do. do., 6 10 0
To John Baning; Esq., 7 do.,
4 40
To John Cook, Esq., 7 do. do.,
4 15 O
To Nicholas Ridgely, Esq., 7 do.,
4 4 0
To Daniel Polk, Esq., 7 do. do., 6 4 0
To John E. Clayton, for 9 days and paper," 4 2
To Benj. Crooks, Doorkeeper, 6 days' attendance, 2 5 0
To Mrs. Battell, for the use of a room, 2 12 6
£60 98
Resolved, That orders be drawn on the State Treasurer for the above sums, and that the same be signed by the Speaker.
Whereupon orders were drawn and signed accordingly.
The Doorkeeper delivered to the Speaker a notice of adjourn- ment of the House of Assembly to the 12th of January next, and Council adjourned to the same time.
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1789.
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MIVARLEZ OF CONZCIE'
MEMBERS' NAMES.
FOR NEW CASTLE COUNTY :
NICHOLAS VANDYKE, GUNNING BEDFORD, THOMAS KEAN.
FOR KENT COUNTY :
JOHN BANING, JOHN COOK, NICHOLAS RIDGELY.
FOR SUSSEX COUNTY :
ISAAC HORSEY, DANIEL POLK, "GEORGE MITCHELL.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, JANUARY, 1789.
DOVER, January 12, 1789.
Divers of the members met, but the number not being a quorum, adjourned from day to day until Saturday, the 17th of January following.
SATURDAY, A. M., January 17, 1789.
Council met. Present, Mr. Vandyke, Mr. Baning, Mr. Cook, Mr. Ridgely, and Mr. Horsey.
On motion,
Resolved, That during the present sessions the door of Council shall be open for the admission of all orderly persons without the bar of Council.
Mr. Ridgely laid before the Council a memorial of Dr. James Sykes, praying leave to bring in a bill to enable him to bring into this State certain negroes, which, by the testament and last will of Robert Goldsborough, Esq., of the State of Maryland, were bequeathed him; which was read and referred to Mr. Ridgely, Mr. Cook, and Mr. Baning, to report thereon.
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The petitions from James Rumsey, of Berkley County, attend- ed with sundry other papers relative thereto, were presented and read.
Ordered, That the same be referred to Mr. Ridgely, Mr. Van- dyke, and Mr. Horsey, to report thereon.
Mr. Coombs, a member of the House of Assembly, was admit- ted and delivered to the Chair a bill entitled "An act to prevent ' the importation of convicts into this State;" a letter from the Secretary of Congress, of the 17th of September, 1788, to the President of this State, and a recommendation from Congress, of the 16th of the same month, upon which the aforesaid bill is founded; which were severally read.
Ordered to lie on the table.
Mr. Latimer, a member of the House of Assembly, was admit- ted and presented to the Chair a message from the President, of the 6th June, 1788, which was read, and is as follows:
Gentlemen of the General Assembly :
I have directed the Secretary to lay before you, for your infor- mation, a circular letter from the Secretary for Foreign Affairs, of the 17th of May last, and a letter from the Secretary of Con- gress, of the 12th of the same month, with their enclosures. These papers I would wish to have returned after they have been perused by your honors, as I purpose to publish them for the general information of the citizens at large.
As I am persuaded that the justice of the Legislature will ex- tend to compensate for services rendered to the State by the servants of the public, I beg leave to observe to your honors that no provision is made for various public duties enjoined to be performed by the Secretary of this State, and in discharge of which considerable expenses must necessarily be incurred by him.
There are also many contingent expenses incident to the due administration of Government, such as the payment of expresses, postage of public letters, &c., which ought to be provided for to prevent the inconvenience which must otherwise follow.
I am therefore under the necessity of suggesting to your
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honors the justice and propriety of making such provision in these respects as you may deem consistent with your wisdom, and most honorable and beneficial to the State.
June 6, 1788. THOS. COLLINS.
The same member also delivered the following message from the President, together with the several letters and their enclo- sures therein referred to, which were severally read:
Gentlemen of the General Assembly :
During your late recess, the following public letters have been received by me, which I have directed the Secretary to communi- cate to you, with their inclosures, to wit: from the Convention of the State of New York, of the 26th of July last ; from the Presi- dent of the Convention of Virginia, of the 28th of June, and from the General Assembly of the said State, of the 20th of November; from the President of the Convention of North Carolina, of the 12th and 24th of August; and from the President of the Conven- tion of South Carolina, of the 24th of May last.
The Secretary will also lay before your honors a printed copy of the journals of Congress, from the 20th of August last to the end of the federal year.
As it does not appear from the journals of the General Assem- bly that any provision has been made for the contingent expen- ses of government, recommended in my message of the sixth day of June last, I must earnestly entreat the attention of your honors to that business. And upon this subject, I cannot forbear to observe that the multiplicity of post-offices, erected upon the state road to Wilmington, and the extravagant rates demanded for the portage of letters, appear burthensome to the community. Under what authority those offices are instituted, or these rates demanded, I am unable to ascertain, nor will my present indis- position permit me to take steps for that purpose ; but I conceive their existence to be an evil that requires legislative inquiry ; and upon this business perhaps your honors can obtain information from the Post-Master of this State, who is a member of the Gen- eral Assembly. THOMAS COLLINS.
Belmont, January 14, 1789.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met.
The committee appointed on the 24th of November last to consider the bill for appointing Commissioners for the Town of Dover, brought in their report, which was read, as follows:
The committee to whom was referred the bill entitled "An act for appointing John Baning, Eleazer McComb, and Nicholas Ridgely, Esquires, Commissioners for the Town of Dover, and for other purposes," beg leave to report: That they think the clause in that bill for selling lots and confirming titles are proper, but all of the other clauses should be entirely rejected. They also think there should be a clause in the bill for regulating and ascertaining the streets that have been already laid out; to be done from the best documents to be found. The want of such a regulation is a growing evil, and the sooner it is prevented the fewer disputes there will be.
Read and agreed to.
On motion of Mr. Ridgely, for leave to bring in a bill for altering the manner of levying executions to be issued by Justices of the Peace in certain cases, and for lessening the number of Constables, the same was granted; whereupon he laid before the Council a bill for that purpose, which was read.
Ordered to lie on the table.
The bill entitled "An act to prevent the importation of convicts into this State," was read the second time. Deferred for further consideration.
Adjourned to Monday morning, 10 o'clock.
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MONDAY, A. M., January 19, 1789.
The Council met. Present the same members as on Saturday.
The bill entitled "An act for altering the mode of levying executions to be issued by Justices of the Peace in certain cases, and for lessening the number of Constables," was read the second time and deferred for further consideration.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met. Mr. Polk appeared and took his seat.
The committee appointed to consider the memorial of Doctor James Sykes, of the 17th, now brought in their report, which was read and agreed to, as follows:
That your committee have taken into their consideration the law of this State entitled "An act to prevent.the exportation of slaves, and for other purposes," and being satisfied that the facts alleged in the said memorial are true, do now report, that, in their opinion, a supplementary act to the above recited law should be enacted, extending liberty to devisees to bring into this State slaves devised to them, and also to those persons within this State who may become entitled to such property as heirs or rep- resentatives to any person or persons dying intestate.
By special order,
The bill entitled "An act for altering the manner of levying executions to be issued by Justices of the Peace in certain cases, and for lessening the number of Constables," was read the third time by paragraphs, and, being amended, passed the House ..
Ordered, That the same be transcribed and sent to the House of Assembly for concurrence.
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The bill before the Council in the session of June last, entitled "An act to provide for the appropriation of such certificates of · depreciation as have not been claimed by the persons justly enti- tled to receive the same," was read.
Ordered. That Mr. Vandyke, Mr. Ridgely, and Mr. Cook take the sat i bill into consideration and report thereon.
The committee to whom was referred the petitions of James Rumsey, brought in their report, which was read and agreed to, as follows:
Your committee beg leave to report that they have examined the act of Assembly for granting and securing to John Fitch the sole and exclusive right of making, constructing, and employing the steamboat by him latety invented, for a limited time, and find by that act the said Fitch hath had granted to him the sole and exclusive right of making, constructing, using, employing, and navigating all and every species or kind of boat or water craft which may be impelled, urged or driven through the water by the application, force, or agency of steam or fire, applied in any manner whatsoever. That during the operation of that act they do not think it right that Mr. Fitch should be de- prived of the benefits of it without a hearing. Your committee propose that a joint committee of the General Assembly should be appointed for the purpose of hearing the parties on this subject on the 27th instant, the said Fitch having four days previous notice. As to the other parts of Mr. Rumsey's petition, to have an exclusive right in the application of steam to other machines than that of boats, as particularly specified, they are of opinion he should have leave to bring in a bill for that purpose.
Mr. Charles Polk, a member of the House of Assembly, was admitted, and presented to the Chair the bill entitled "An act to incorporate the physicians of the Delaware State, and for other purposes therein mentioned," and a paper containing two amend- ments proposed to the amendments offered by Council the 29th of May last to the said bill, which were read, and a further amendment being proposed to the said two amendments and agreed to,
Ordered, That the same be returned to the House of Assembly for concurrence.
Adjourned to 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1789.
TUESDAY, A. M., January 20, 1789.
Council met.
On motion,
Resolved, That two members be appointed, on the part of Council, as a joint committee to hear Mr. Rumsey and Mr. Fitch ou the subject of the steamboat, on the 27th inst.
The members appointed on the part of Council, are Mr. Van- dyke and Mr. Cook.
Ordered, That the same be transcribed and sent, with the report of the committee, by Mr. Ridgely, to the House of As- sembly for concurrence.
Agreeable to leave given, a bill was presented and read, enti- tled "An act for creating original jurisdiction in the Supreme Court of this State in certain cases, to prevent the removal of suits' from the County Court of Common Pleas after issue is joined therein, and to prevent the abatement of suits."
Ordered to lie on the table.
Agreeable to leave given upon the memorial of Doctor James Sykes, a bill was laid before Council and read, entitled "A sup- plement to an act entitled 'An act to prevent the exportation of slaves, and for other purposes."
By special order, the said bill was read the second time, and a third time by paragraphs, and passed the House.
Ordered, That the said bill be transcribed and sent, together with the memorial upon which it is founded, to the House of Assembly for consideration and concurrence.
The communication from the Auditor, of the 4th of June, 1788, was read, and an amendment agreed to.
Ordered, That the said amendment be transcribed and sent to the House of Assembly for concurrence.
Mr. Vining, a member of the House of Assembly, was admit- ted and returned the resolution of the Council upon the petitions 146
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of James Rumsey, disagreed to, the several papers which ac- companied the same, and delivered to the Speaker the following resolution, which was read:
Resolution proposed by the House of Assembly upon the pe- titions of James Rumsey, instead of the resolution offered by the Council:
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