USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 31
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Resolved, That Thursday, the 29th day of this month, be assigned for hearing James Rumsey and John Fitch, before the General Assembly, at Dover, on the subject of the steamboat; that both Houses meet for that purpose at the time aforesaid, in the Council Chamber; and that James Rumsey, or his agent, give to the said Jolin Fitch four days previous notice of this reso- lution.
Whereupon
Resolved, That Council concur in the said resolution. .
Ordered, That the same be returned to the House of As- sembly.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met.
The bill entitled "An act to prevent the importation of con- viets into this State," was read the third time, by paragraphs, and several amendments agreed to.
Ordered, That the same be transcribed and sent to the House of Assembly for consideration.
Mr. James, a member of the House of Assembly, was ad- mitted and returned the communication from the Auditor, as amended by Council, agreed to.
Ordered, That the Clerk deliver to the State Treasurer a copy of the aforesaid communication ..
Adjourned to 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1789.
WEDNESDAY, January 21, 1789.
Council met.
Mr. Bishop, a member of the House of Assembly, was admit- ted and presented to the Chair the Auditor's Report of this day, which was read, stating that there is due to Capt. Robert Kirk- wood the sum of fifty-eight pounds fifteen shillings and two pence, thus acted upon:
In the House of Assembly, A. M., January 21, 1789, read, considered, and agreed to.
JAS. BOOTH, Cl'k of Assembly.
Mr. Cooper, a member of the House of Assembly, was admit- ted and returned the bill entitled "An act to prevent the impor- tation of convicts into this State," together with the amendments proposed thereto by Council, all of which, except the fourth and fifth, were rejected.
The Council then took into consideration the Ist, 2d, 3d and 6th amendments, and upon the question to recede from the first amendment, it was carried in the affirmative.
Council then proceeded to consider the second, third and sixth amendments, and upon the question to adhere to the same, it unanimously passed in the affirmative. .
Ordered, That the aforesaid paper of amendments be sent to the House of Assembly for reconsideration.
On motion of Mr. Ridgely for leave to bring in a bill to pre- vent the payment of money into the Treasury of the United States for a limited time, the same was granted; whereupon he laid before the House a bill for that purpose; which was read.
Ordered to lie on the table.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met.
On motion, ordered, that Mr. Vandyke, Mr. Ridgely, and Mr. Cook be a committee to prepare and bring in a bill for revising the fees of the different officers of this State.
Mr. Truitt, a member of the House of Assembly, was admitted and returned the bill entitled "An act to prevent the importation of convicts into this State," and the amendments of Council, ac- companied with the following resolution:
IN THE HOUSE OF ASSEMBLY, WEDNESDAY, January 21, 1789.
Mr. Ridgely, a member of the Council, was admitted and re- turned the bill entitled "An act to prevent the importation of convicts into this State," with the paper of amendments, to the 2d, 3d and 6th of which the Council adhere.
Resolved, That a committee be appointed by each House to confer on the subject of the said disputed amendments, and report thereon.
The members appointed on the part of the House are: Mr. Vining, Mr. Porter, and Mr. James.
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
Read, considered, and disagreed to.
The Auditor's Report, of this day, upon the accounts of Capt. Robert Kirkwood, was read, and an amendment agreed to.
Ordered, That the same be returned for the consideration of the House of Assembly.
Mr. Wright, a member of the House of Assembly, was admit- ted and delivered a bill entitled "An act to dissolve the marriage of James Hathaway with Mary, his wife," together with the peti- tion and sundry other papers upon which the said bill is founded; which were read.
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THE DELAWARE STATE, 1789.
The said bill was read the second time, and the third time, by paragraphs, and an amendment proposed and agreed to.
Ordered, That the same, together with the resolution for ap- pointing a committee of conference, be returned to the House of Assembly.
Adjourned to 10 o'clock to-morrow morning.
THURSDAY, A. M., January 22, 1789.
Council met.
The Clerk of the Council laid before the Speaker the Anditor's report upon the accounts of Capt. Robert Kirkwood, and the amendment of Council acceded to.
Mr. Cook laid before the Council a petition from Gersham Johnson, with sundry other papers; which were read.
Ordered to lie on the table.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met. Mr. Bedford and Mr. Kean appeared in Council and took their seats.
Mr. Broom, a member of the House of Assembly, was admit- ted and delivered a bill, which was read, entitled "An act to grant to Joseph Anderson and Matthias Kerlin, Jr., an exclusive right to keep stage carriages on the public post-road leading through the State of Delaware between the City of Philadelphia and the Town of Baltimore," and the petition upon which the said bill is founded.
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Ordered to lie on the table.
The same member also delivered a message from the House of Assembly, which was read, and is as follows:
A MESSAGE TO THE COUNCIL, FROM THE HOUSE OF ASSEMBLY. Gentlemen :
The message received from your honorable house, in answer to a resolution of this house, proposing a committee of conference relative to a depending bill, has highly astonished and alarmed us.
The circumstance of rejecting a proposal from either house, to confer with a committee to be appointed by the other, for the purpose of mutual communication and information, we conceive to be equally unprecedented in form, and dangerous in its politi- cal tendency. We do not mean to engage in a mere altercation about form ; we are only sorry, in the present instance, that we are obliged to complain of an infringement of a legislative and parliamentary custom.
When two branches of legislature are so constructed as to make a concurrence constitutionally requisite, in order to effect public business, and are so organized as to operate as reciprocal checks upon each other, frequent communications are often essential. Such communications, we apprehend, are regularly to be accomplished by committees of conference, appointed by the respective houses. The reason and expediency of appoint- ments of this nature are too cogent and obvious now to be en- larged upon.
The message received from your honorable house has left us, with respect to the bill at present in controversy, without alter- native. We cannot, as we conceive, consistent with the sacred duty which we owe to our constituents and to ourselves, concur in the amendments offered to us, without further information from your honorable house. This information, at least in the usual way, you have denied us.
Admitting that the Council have an absolute and constitutional right of rejecting any proposals which may be made by this house, we cannot help expressing our regret and surprise, that the exercise of the power was not reserved for an occasion more
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THE DELAWARE STATE, 1789.
weighty and important than the one which now engages our attention ; and we are equally sorry, that the urgent business of the State should be obstructed by delays, which we conceive might have been avoided, but have now become indispensible.
The preservation of that dignity which each house owes to itself, and relatively to each other, we take to be the surest means of preserving the harmony so necessary in all deliberative assem- blies, and so essential to the discharge of our respective duties.
Should your honorable house concur with us in the ideas which we have now addressed to you, and agree to reconsider your message of yesterday, we shall rejoice in the prospect of a system of confidence, and an honorable discharge of the duties intrusted to us ; but should you, on the other hand, persevere in a line of conduct so different from the one heretofore pursued, we have only to lament, that one of the most useful purposes for which two branches of the legislature were created, "That of uniting their wisdom and councils for the general benefit of the State," must necessarily be destroyed.
Signed by order of the House of Assembly,
Dover, 22d January, 1789. JEHU DAVIS, Speaker.
The memorial of Joseph Anderson and Matthias Kerlin was presented and read.
Ordered to lie on the table.
The bill entitled "An act to grant Joseph Anderson and Mat- thias Kerlin, Jr., an exclusive right to keep stage carriages on the public post-road, &c.," was read a second time and unani- mously rejected.
Ordered, That the said bill, and the several papers which ac- companied the same, be returned to the House of Assembly.
The bill entitled "An act to prevent the payment of any money into the Treasury of the United States for a limited time," was read a second time and deferred for further consideration.
The bill entitled "An act for creating original jurisdiction in . the Supreme Court, &c.," was read a second time and deferred for further consideration.
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On motion,
Ordered, That Mr. Bedford be added to the committee ap- pointed to prepare and bring in a bill for regulating fees.
Ordered, That the following message be transcribed and sent to the House of Assembly:
AN ANSWER FROM THE COUNCIL TO A MESSAGE FROM THE HOUSE OF ASSEMBLY.
Gentlemen :
The Council have taken into consideration the message this afternoon received from your honorable House, and are truly surprised that the exercise of a right so clearly established should become a matter of astonishment and alarm. Where rights are defined and well ascertained, we conceive a precedent unneces- sary to justify us in our conduct, should that be wanting; but we are not without even that authority.
Had your honorable House given a single reason for your rejection of the amendments proposed by Council, we should perhaps have thought a conference more eligible than we did. Extraordinary modes of legislation should not be adopted but on extraordinary occasions. The object of the bill, even in the mnost perfect state it could have been formed, was certainly not worth the time that had fruitlessly been spent on it previous to your proposal for a conference, much less to waste more without a certainty of agreement.
Council are not so very tenacious of former opinions as obsti- nately to adhere to them could they be satisfied they were wrong; but until this is done they think they should be wanting in duty to their constituents to recede from them and to permit estab- lished privileges of Council to be infringed.
We lament exceedingly that your honorable House should suffer the harmony of the Legislature to be interrupted on so trifling an occasion, and we sincerely hope that the most useful purposes for which two branches of the Legislature were created may not be destroyed.
Signed by order of the Council,
GEORGE MITCHELL, Speaker.
Dover, January 22d, 1789.
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Ordered, That the Auditor's report upon the accounts of Capt. Kirkwood be returned to the House of Assembly by Mr. Kean.
Adjourned to ro o'clock to-morrow morning.
FRIDAY, A. M., January 23, 1789.
Council met. Present all the members.
The Council took into consideration the act entitled "An act for creating original jurisdiction in the Supreme Court of this State in certain cases, and to prevent the removal of suits from the Court of Common Pleas after issue is joined therein, and to prevent the abatement of suits," and some time being spent therein, the same was deferred for further consideration.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met.
The committee to whom was referred the bill to provide for such certificates as have not been claimed by persons justly enti- tled to the same, beg leave to report: That they have considered the same and are of opinion it should not be passed, because it will draw into dispute the right of depreciation certificates, which we think hath already been regulated by former laws, except so far as the same relates to cases where this State hath not received credit for the same by the United States.
Read and ordered to lie on the table.
Mr. Vining, a member of the House of Assembly, was admit- ted and delivered to the Speaker a message, which was read, and is as follows:
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A MESSAGE FROM THE HOUSE OF ASSEMBLY IN ANSWER TO A MESSAGE FROM THE COUNCIL.
Gentlemen :
The House of Assembly have received the message from your honorable house, and still adhere to the idea that their rejection of the proposed committee of conference, as made by this house, was of the first impression. We conceive that Council have not taken the proper discrimination between a constitutional right, which we admitted, and the breach of a parliamentary custom of which we complained.
The House of Assembly remain yet to be convinced, that a precedent, similar in its nature, has ever existed, or has ever been exercised by either the House of Assembly or the Council, pre- vious to the present instance. Upon this occasion the House of Assenbly beg leave to recommend to the attention of the hon- orable Council the several messages which passed between the Houses in the May session of 1786, where they will find the points at present in controversy fully ascertained and explained.
As to the supposed insignificance of the bill now in question, it only furnishes us with an instance, that even on trifling occa- sions, encroachments may be made by one House on the accus- tomed privileges of the other ; and besides, it is a respect in our judgments due to any bill originating in either House, that it should not, unless rejected in the usual way, be entirely lost ; the adoption of the rights now claimed establishes this dangerous precedent.
If your honorable House will only consider the progressive state of this business, they will find that not only custom, but parliamentary propriety, suggests abundant argument why the reasons of adhering to their several amendments should have been communicated to this House, either by way of message or by means of a committee of conference ; otherwise any bill, even of the utmost importance, might be eventually lost, without such satisfactory information as might respectively induce the different Houses to recede from error or to have passed a salutary law.
Under the firmest persuasion therefore, that the reasons of rejection should have preceded the disagreement of Council to the conference, we trust that, let the sentiments of Council be ever so well established as to their right, they will be cautious of
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drawing into precedent a principal which in its effects may defeat' the wisest purposes of legislation.
Signed by order of the House of Assembly,
Dover, January 22d, 1789. JEHU DAVIS, Speaker.
Mr. Bedford laid before the Council a petition of John Fitch, of Philadelphia, which was read, praying that the application of James Rumsey may not be permitted to interfere with the exclu- sive right heretofore granted to him.
Ordered, That the same be sent to the House of Assembly.
The Joint Committee of Finance made their report, which was read and agreed to.
Adjourned to 10 o'clock to-morrow morning.
SATURDAY, P. M., January 24, 1789.
Council met. Adjourned to 10 o'clock on Monday morning.
MONDAY, A. M., Jan. 26th, 1789.
Council met. Absent, Mr. Polk. .
By special order, the bill entitled "An act to prevent the pay- ment of any money into the Treasury of the United States," 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 concurrence.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met.
The Committee appointed to prepare and bring in a bill for the revising the fees of the different offices of this State, laid a bill before Council entitled "An act for regulating and establishing fees," 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 the Auditor's report, dated 20th October, 1788, upon a letter from Nathaniel Mitchell, Esq., to the Speaker of the House of Assembly, and a memorial from the said N. Mitchell, with a report of a committee thereon; which were read.
The same member also delivered the following resolution, which was read:
IN THE HOUSE OF ASSEMBLY, January 26, 1789.
The House of Assembly took into consideration the report of the Auditor, dated the 20th of October last, upon the accounts of Nathaniel Mitchell, Esq .; and also the report of a committee upon the memorial of the said N. Mitchell, and thereupon
Resolved, That there was due to the said N. Mitchell, for his attendance as Delegate from this State to Congress, from the 26th day of December, 1787, to the 12th September, 1788, including his traveling charges, £360, of which he has received £275, and that there is due to him the sum of £85.
Sent for concurrence. JAS. BOOTH, C. H. A.
Read and agreed to.
Adjourned to 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1789.
TUESDAY, A. M., January 27, 1789.
Council met.
Mr. Holland, a member of the House of Assembly, was ad- mitted and delivered the following message, which was read:
IN THE HOUSE OF ASSEMBLY, January 26, 1789.
On motion,
Ordered, That the Joint Committee of Finance make a com- plete adjustment of the Loan Office accounts of Kent County and report the same.
Sent for concurrence. JAS. BOOTH, C. H. A.
Mr. Gordon, a member of the House of Assembly, was admit- ted and returned the bill entitled "An act to prevent the payment of any money into the Treasury of the United States," rejected.
On motion,
Ordered, That the resolution of the House of Assembly upon the report of their committee on the accounts of N. Mitchell, Esq., and the several papers accompanying the same, be re- turned.
Ordered, That Council concur in the order of the House of Assembly for the complete adjustment of the Loan Office ac- counts, and that the same be returned by Mr. Kean.
A remonstrance and petition from several of the clergymen of the Episcopal and Presbyterian churches was presented and read.
Ordered to lie on the table.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met.
A memorial and remonstrance from divers clergymen of this State was read, which, with the remonstrance read this fore- noon, was referred to a committee of three to report thereon. The members appointed are Mr. Bedford, Mr. Cook, and Mr. Horsey.
The bill entitled "An act for regulating and establishing fees" was read a second time.
By special order, the said bill 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 concurrence.
Adjourned to 10 o'clock to-morrow morning.
WEDNESDAY, A. M., January 28th, 1789.
Council met. Present all the members.
Mr. Raymond, a member of the House of Assembly, was ad- mitted and delivered to the Chair a bill entitled "A supplement to an act entitled 'An act to prevent the exportation of slaves, and for other purposes,' " concurred in.
Ordered that the same be engrossed.
The same member also delivered, for the concurrence of Coun- cil, a bill entitled "An additional supplementary act to an act entitled 'An act to prevent the exportation of slaves, and for other purposes;' " and thirteen amendments proposed to the bill entitled "An act for altering the manner of levying executions to be issued by Justices, &c .; " and the said bill.
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The Council proceeded to consider the aforesaid amendments, . and, after some time spent therein, postponed the same to this afternoon. -
The bill entitled "An additional supplementary act to an act entitled 'An act to prevent the exportation of slaves, and for other purposes,' " was read.
By order, the said bill was read a second time and deferred for further consideration.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met.
Agrecable to the order of this forenoon, the Council resumed the consideration of amendments proposed to 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," and the question being put to agree to the said bill, as amended, and the yeas and nays, required by Mr. Bedford, are as follows:
Yeas-Mr. Baning, Mr. Cook, Mr. Ridgely, Mr. Horsey, Mr. Polk.
Nays-Mr. Vandyke, Mr. Bedford, Mr. Kean.
So it passed in the affirmative.
Ordered that the said bill be engrossed.
The Council proceeded to the consideration of the bill entitled "An additional supplementary act to an act entitled 'An act to prevent the exportation of slaves, and for other purposes,' " and after some time spent therein, the last enacting clause was referred to Mr. Ridgely, Mr. Vandyke, and Mr. Polk, to report thereon.
Adjourned to 10 o'clock to-morrow morning.
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THURSDAY, A. M., January 29, 1789.
Council met.
Mr. Bishop, a member of the House of Assembly, was admit- ted and delivered the following papers, which were read: A letter from Dyre Kearney to the Speaker of the House of Assembly, liis accounts, and the report of the Auditor thereupon; also the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, WEDNESDAY, P. M., January 28, 1789.
The committee to whom was referred the letter from Dyre Kearney, Esq., and the Auditor's report, dated the 27th instant, upon the accounts of the said Dyre Kearney, brought in their report, which was read, and thereupon
Resolved, That there was due to the said Dyre Kearney, Esq., for his attendance as a Delegate from this State to Congress, from the 18th day of January, 1788 to the 14th day of October following, including his traveling charges, £540, of which he has received 4300, and that there is due to him the sum of {240.
Sent for concurrence. JAS. BOOTH, C. H. A.
The petition of Thomas Shipley, Caleb Seal, and Joseph Sted- ham, was read, praying relief from an act entitled "An act for the better regulation of the roads in New Castle County."
Ordered to lie on the table.
The committee to whom was referred the bill entitled "An additional supplementary act to an act entitled 'An act to prevent the exportation of slaves, and for other purposes," brought in their report, which was read and agreed to.
The Council then proceeded to the consideration of the last mentioned bill, and some amendments being agreed to, ordered that the same be transcribed and sent for concurrence.
Adjourned to 3 o'clock.
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THE DELAWARE STATE, 1789.
EODEM DIE, P. M.
Council met.
The Council and the House of Assembly met in the Council Chamber agreeable to the order of the day, for hearing James Rumsey and John Fitch on the subject of the steamboat.
A petition from James Rumsey, by his agent, Joseph Barnes, was read, praying that he may be heard by counsel on the busi- ness aforesaid in case Mr. Fitch should be indulged with that privilege.
Resolved, That the said parties be heard either by counsel or personally, at their election, but that they be restricted so that neither party may be permitted to speak more than twice upon the main subject, and not oftener upon a collateral point.
Whereupon the General Assembly, having heard James Rum- sey by Joshua Fisher, his counsel, and Richard Wells, on the behalf of John Fitch, and also the said Joshua Fisher in reply, both Houses separated, and Council adjourned to ten o'clock to- morrow morning.
FRIDAY, A. M., January 30, 1789.
Council met, and having taken into consideration the subject in dispute between Mr. Rumsey and Mr. Fitch proceeded as follows:
WHEREAS, by the Constitution of the United States, a power is reserved to the General Government to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors the exclusive right of their respective writing and discoveries; and as the Government of the United States is in full operation in this State by eleven States having . acceded thereto, this State being one; therefore
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Resolved, That the application of Mr. Rumsey, for the exclu- sive privilege of making and using certain machines, said to be invented by him, be referred to the United States in Congress for decision.
Sent for concurrence.
The petition from Thomas Shipley, Caleb Seal, and Joseph Stedham, was referred to a committee to report thereon. The members are Mr. Cook, Mr. Vandyke, and Mr. Kean.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
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