USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 32
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Council met.
The committee to whom was referred the petition of Thomas Shipley, Caleb Seal, and Joseph Stedham, for vacating the road leading from Christiana Ferry to Brandywine Bridge, was read, and thereupon
Resolved, That the petitioners have leave to bring in a bill for the purpose of vacating the said road agreeable to the prayer of their petition, at the next sessions of the General Assembly; and that the petitioners give public notice of their application in the Wilmington newspapers, at least six weeks preceding the next sessions of the Legislature, by continuing such notice for three weeks, in order that any persons having objections to such bill may then be heard.
Sent for concurrence.
Adjourned to 10 o'clock to-morrow morning.
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THE DELAWARE STATE, 1789.
SATURDAY, A. M., January 31, 1789.
Council met.
Mr. Holland, a member of the House of Assembly, was admit- ted and presented to the Chair the following resolution, which was read:
IN THE HOUSE OF ASSEMBLY, FRIDAY, A. M., January 31, 1789.
On motion,
Resolved, That it is the intention of this House to conclude the present sessions on Monday evening, by adjourning the same to a distant day.
Extract from the minutes. JAS. BOOTH, C. H. A.
The same member also delivered the bill entitled "An addi- tional supplementary act to an act entitled 'An act to prevent the exportation of slaves, and for other purposes,'" with two amendnients, which were read and deferred for further considera- tion.
Mr. Mitchell, the Speaker of the Council, prayed leave to resign his seat in the Chair, which was granted.
The Council proceeded to the choice of a Speaker, and Mr. Vandyke was unanimously chosen and took his seat.
Council having taken into consideration the amendments pro- posed to the bill entitled "An additional supplementary act to an act entitled 'An act to prevent the exportation of slaves, &c.,'" proposed divers amendments thereto.
Ordered to be sent to the House of Assembly for considera- tion.
Ordered, That the petition from Thomas Shipley, Caleb Seal, and Joseph Stedham, and the resolution of the Council thereon, be sent to the House of Assembly for concurrence.
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Mr. Bishop, a member of the House of Assembly, was admit- ted and delivered the bill entitled "An act for regulating and establishing fees," with two amendments proposed, which were taken into consideration, and two further amendments being pro- posed, ordered that the same be returned for consideration.
Adjourned to 3 o'clock.
· EODEM DIE, P. M.
Council met.
Mr. Truitt, a member of the House of Assembly, was admit- ted and returned the petition of Thomas Shipley, Caleb Seal, and Joseph Stedham, with the resolution of the Council thus acted upon:
' " In the House of Assembly, January 30, 1789: Read and con- curred in."
Mr. Charles Polk, a member of the House of Assembly, was admitted and returned the bill entitled "An act for regulating and establishing fees," and the paper of amendments acceded to.
Ordered to be engrossed.
The Council having taken into consideration the resolution of the House of Assembly upon the Auditor's report upon the ac- counts of Dyre Kearney,
Resolved, That the same be concurred in.
Ordered, That the said resolution, and papers accompanying the same, be returned to the House of Assembly.
The committee appointed to complete the adjustment of the Loan Office accounts of Kent County, brought in their report, which was read and agreed to, as follows:
1181
THE DELAWARE STATE, 1789.
Simon W. Wilson, Loan Officer of Kent County, in account with the Delaware State.
DR.
To monies received on the emission of 1746, . . £ 286 13 8 734
1759, . 527 10
١١ 1776, . 696 0 3
1785, .
77 13 5
£ 1587 17 1134
CR.
By monies actually let out, £ 393 6 II 12
By 3 years and 9 months salary, @ £30 per an., 112 10 O By cash paid E. McComb, for the redemption of Bills of Credit, 50 6 2
By balance due the Delaware State,
1031 14 1014
£ 1587 17 1134
The Committee of Finance, to whom was referred the accounts of S. W. Wilson, Trustee of the Loan Office of Kent County, for a final settlement with that officer, beg leave to report: That they have. examined the said officer in order to make him a party in the business, and, after allowing him all his charges against the State, find a balance of [1031 : 14 : 1044 in his hands unac- counted for.
JOHN COOK, NICHOLAS RIDGELY, Members of Council.
THOMAS MONTGOMERY, JACOB BROOM, JOHN VINING, JOHN GORDON, RHOADS SHANKLAND,
Dover, Jan. 28, 1789. Members of Assembly.
Thus acted upon in the House of Assembly, January 28, 1789: Read, considered, and agreed to.
JAS. BOOTH, C. H. A.
Adjourned to 10 o'clock, Monday morning.
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MONDAY, A. M., February 2d, 1789
Council met.
Mr. Polk, a member of the House of Assembly, was admitted and delivered to the Chair a bill entitled "An act for the new appointment of a Trustee for the Loan.Office of the County of Kent, within this State, and for other purposes," which was read.
Ordered to lie on the table.
Mr. Holland, a member of the House of Assembly, was admit- ted and delivered to the Chair a bill entitled "An act for raising £12,600 for the service of the year 1789, in addition to the arrearages due on former taxes," which was read.
Ordered to lie on the table.
The same member returned the report of the Joint Committee of Finance, and a communication from the Auditor praying that the report of the Committee, so far as the same relates to the censure passed upon him, may be amended.
Ordered to lie on the table.
Mr. Truitt, a member of the House of Assembly, was admitted and delivered to the Chair a report of the Auditor, which was read and postponed to this afternoon.
The bill entitled "An act for the new appointment of a Trustee for the Loan-Office of the County of Kent, within this State, and for other purposes," was read a second time and deferred for further consideration.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met.
The Council took into consideration the last mentioned bill, the following amendment being proposed to the last enacting clause, to wit :
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THE DELAWARE STATE, 1789.
"And be it enacted, That it shall and may be lawful for the Trustees of the Loan Offices in the respective Counties of this State to permit such persons who have not renewed their mort- gages agreeable to the said recited act to which this is a further additional supplementary act, as also the guardian or guardians of such minors who are or hereafter may be lawful to the equity of redemption in any land mortgaged in the respective Loan Offices of this State, who have not received the mortgages by and with the approbation of the Orphans' Court of the County in which such guardian or minor may reside, first had upon a full statement to the said Court on or before the first day of April next, on the payment of costs upon such suits as have been insti- tuted and not brought to light for the recovery of monies due on mortgage deeds, in the same manner and upon the same terms as are expressed and directed in other cases in the said recited act to which this is a supplement, and that any mortgage deed made and executed by such guardian or guardians, as aforesaid, shall be deemed and taken to be a renewal of the former mort- gage, and be as binding upon the estate of such minors to all intents and purposes as the former mortgage might or could have been ; and that all mortgages so renewed shall be deemed the first lien and have the priority of all judgments, mortgages, and other incumbrances whatsoever obtained or had since the date of such original mortgages so hereafter to be renewed."
The question on the same being moved, the yeas and nays were required by Mr. Mitchell, and are as follows:
Yeas -- Mr. Bedford, Mr. Kean, Mr. Baning, Mr. Cook, Mr. Ridgely.
Nays -- Mr. Mitchell, Mr. Horsey, Mr. Polk.
So it passed in the affirmative.
Mr. Broom, a member of the House of Assembly, was admit- ted and delivered to the chair the following resolution, which was read, viz:
IN THE HOUSE OF ASSEMBLY, MONDAY, P. M., February 2d, 1789.
On motion,
Resolved, That the Auditor of Accounts be and is hereby authorized and empowered to call upon and apply to Donaldson
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Yeates, Esq., formerly Deputy Quartermaster-General of this State, for all such vouchers, papers, and documents as will be in the power of the said Donaldson Yeates to furnish, the better to enable this State to obtain a credit for advances made for the United States.
Sent for concurrence. JAMES BOOTH, C. H. A.
The same member also delivered the following resolution, which was read.
IN THE HOUSE OF ASSEMBLY, February 2d, 1789.
On motion,
Resolved, That, at the conclusion of the present session, this House adjourn to the Borough of Wilmington, and there hold their next session for transaction of public business.
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
The bill entitled "An act for the new appointment of a Trustee for the Loan-Office of the County of Kent, within this State, and for other purposes," was read, and several amendments being proposed and agreed to, ordered that the same be sent to the House of Assembly, for their consideration.
The Council took into consideration the Auditor's report of this day, and the same being read, and also an amendment pro- posed and agreed to, ordered that the same be sent to the House of Assembly for consideration.
The bill entitled "An act for raising £12,600 for the year 1789," was read the second time and deferred for further consid- eration.
The resolution of the House of Assembly authorizing and empowering the Auditor to call upon and apply to Donaldson Yeates, Esq., was read and agreed to.
Ordered, That the same be returned to the House of Assembly.
Adjourned to 10 o'clock to-morrow morning.
D
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1185
THE DELAWARE STATE, 1789.
TUESDAY, A. M., Feb. 3d, 1789.
Council met, and took into consideration the report of the Committee on Finance so far as the same relates to the Auditor, and, on motion to strike out that part which censures his conduct, the same was disagreed to.
The Council took into consideration the bill entitled "An act for raising £12,600 for the service of the year 1789, in addition to arrearages on former taxes," and after progress made therein adjourned to 2 o'clock.
EODEM DIE, P. M.
Council met and. resumed the consideration of the last men- tioned bill and several amendments proposed thereto.
Ordered, That the same be transcribed and sent to the House of Assembly for their consideration.
Mr. Charles Polk, a member of the House of Assembly, was admitted and delivered to the Chair the following resolution, which was read, viz:
Resolved, That the additional sum of twenty-four pounds be allowed to the sum granted (by the concurrent resolution of the House of Assembly and Council on the 26th of January, 1789) Nathaniel Mitchell, Esq., for his traveling expenses, not included in the allowance made by the said resolution.
'Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
The following engrossed bills were compared, viz: A bill enti- tled "An act for regulating and establishing fees;" an act entitled "An act altering the manner and form of levying executions to be issued by Justices of the Peace in certain cases, and for lessen-
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ing the number of Constables;" and the bill entitled "A supple- ment to an act entitled 'An act to prevent the exportation of slaves, and for other purposes.' "
Ordered, That the several foregoing bills be sent to the House of Assembly to be signed by the Speaker thereof.
Mr. Cannon, a member of the House of Assembly, was ad- mitted and delivered a report from the Auditor in favor of Mr. Thomas Montgomery for the sum of £6, concurred in by the House.
In Council, read and concurred in.
Council took into consideration the resolution of yesterday, respecting an adjournment to Wilmington, and the question being put, "Do the Council agree to the same?" it was passed in the negative.
Ordered, That Mr. Cook wait on the House of Assembly and return the last mentioned resolution and Auditor's Report, also the aforesaid several engrossed bills, to be signed by the Speaker.
Resolved, That Mr. Ridgely and Mr. Cook, the two members of Council appointed on the Joint Committee of Finance, be allowed for seven day's attendance on the business, in vacation, the sum of five pounds five shillings each, and that Mr. Ridgely be allowed, for mileage, in going to Lewestown on the said busi- ness, the sum of two pounds two shillings, and that Mr. Cook be also allowed, for mileage to Lewestown, on the said business, the sum of two pounds and fourteen shillings.
Mr. Montgomery, a member of Assembly, was admitted and delivered to the Council several engrossed bills, to be signed by the Speaker, which said bills were compared and signed accord- ingly.
The same member also delivered the following resolution, which was read, viz:
IN THE HOUSE OF ASSEMBLY, February 3, 1789. On motion,
Resolved, That the President and Commander-in-Chief affix the Great Seal of this State to the following acts:
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1187
THE DELAWARE STATE, 1789.
I. "An act entitled 'A supplement to an act to prevent the exportation of slaves;' "
2. "An additional supplementary act to an act entitled 'An act to prevent the exportation of slaves, and for other purposes;' "
3. "A supplement to an act entitled 'An act for calling in and destroying such of the Bills of Credit emitted by virtue of any law of this State, passed under the present or former Government thereof, as are now outstanding, and for other purposes;' "
4. "An act to dissolve the marriage of James Hathaway with Mary, his wife;"
5. "An act to incorporate the Physicians of the Delaware State, and for other purposes therein mentioned;"
6. "An act for altering the manner of levying executions to be issued by Justices of the Peace in certain cases, and for lessen- ing the number of Constables."
Concurred in.
Mr. Raymond was admitted and delivered the bill entitled "An act for raising £12,600," and the amendments proposed by Council rejected, and a paper of amendments proposed to the paper of amendments from the Council, which was read and de- ferred till to-morrow morning for further consideration.
Adjourned to 10 o'clock.
WEDNESDAY, Feb. 4, 1789.
The Council met.
On motion of Mr. Mitchell for leave to bring in a bill for alter- ing the place of holding the election in the County of Sussex, the same was granted; whereupon he laid before the Council a bill entitled "An act for altering the place of election * *
[So ends the record of the proceedings of the Council for the
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MINUTES OF THE COUNCIL .- 1789-90.
year 1789. The minutes of the House of Assembly show that an adjournment sine die took place early on the 4th of February. The General Assembly convened again on the 26th day of May, pursuant to a summons of Hon. Jehu Davis, Speaker of the House of Assembly, upon whom the government devolved by reason of the decease of the President (Thomas Collins), and of the Vice-President (Nicholas Vandyke); and in a brief message, dated May 27th, Mr. Davis asks to be relieved. On Saturday, May 30th, Joshua Clayton was elected to the Presidency for the term of three years. On the 2d of June, Mr. Clayton formally accepted and entered upon the duties of the office. The Legis- lature adjourned sine die on the 5th of June.
The General Assembly met in Dover, October 20th, and ad- journed on the 24th of the same month to the first Monday in January, 1790, after passing two unimportant bills.
The journal of the Council for the year 1790, could not be found among the State papers when the manuscripts of the minutes for other years were collected. From the House journal it is learned that the January session lasted until the 29th of said month, when both houses adjourned sine die. At this session the amendments to the Constitution of the United States, pro- posed by Congress in 1789 (except the first), were duly ratified. "An act to regulate marriages," was the only other measure of general interest that passed. George Mitchell was Speaker of the Council.
The General Assembly met, in Dover, on the 20th of October, 1790, and adjourned on the 20th of that month to the 4th of Jan- uary, 1791. George Read was reelected United States Senator. "An act directing the election of a Representative for this State in the Congress of the United States," was passed at this session.
The journal of the January session of the Council, 1791, to the 28th day, is missing, except a leaf containing part of the pro- ceedings of a joint meeting of the two Houses held on the 22d.]
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VORES AN FRO
MINUTES OF COUNCIL.
1791.
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1104003 70 ZETUVIM
ok 1191
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, JANUARY, 1791 .*
SATURDAY, 22d January, 1791.
The Council and the House of Assembly met, in the Council Chamber, for the nomination of persons out of whom shall be chosen, by ballot, Justices of the Court of Common Pleas and Orphans' Court for the County of New Castle.
Mr. Johnson proposed Alexander Porter, Esquire, as fourth Justice.
Mr. Ridgely proposed Thomas McDonough, Esq., as second Justice.
Mr. James proposed Thomas Robinson as third Justice.
Resolved, That a committee of three be appointed to wait on and inform the President of the convention of the two Houses.
The committee are Mr. Duff, Mr. Grantham, Mr. Bedford.
Resolved, That the two Houses separate for fifteen minutes.
[A tally kept on the sheet containing the above minutes indi- cates that when the two houses reassembled a ballot was taken and Thomas McDonough received 25 votes as second Justice, Thomas Robinson 25 votes as third Justice, and Alexander Por- ter 24 votes as fourth Justice, and that each was duly elected.]
* See note on page 1188.
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FRIDAY, January 28th, 1791.
Council assembled. Present as yesterday.
The Committee of the General Assembly appointed on the - instant, presented the following report, viz:
We, a committee of the General Assembly, do report: That we have examined and counted the Treasury notes issued by the Treasurer of the State and paid in to him again, and find they amount to 12,66430 dollars, equal to £4749 : 3 : 4, as, by a schedule, specifying their number and amounts, returned to the Auditor, may be particularly seen; and further, that the same were burned in our presence.
NICH'S RIDGELY, Member of Council. THOMAS MONTGOMERY, Member of the House of Assembly.
28th January, 1791.
On motion, the bill entitled "An act to amend the act entitled 'An act to prevent, the exportation of slaves, &c.,'" was read a second time and rejected.
On motion, the bill entitled "An act to vacate and make void a part of the public road or highway leading from Brandywine Creek to Christiana Ferry," was read, and the amendment pro- posed thereto was agreed to, with an additional amendment pro- posed by Council.
Ordered, That the said bill be returned to the House of As- sembly by the Secretary; which was done accordingly.
Resolved, That no more accounts shall be allowed by this State on account of services rendered, money advanced, articles fur- nished, or any other matter or thing properly chargeable by indi- viduals against this State, and by the State against the United States.
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THE DELAWARE STATE, 1791.
Resolved, That the Auditor be furnished; by the Secretary of Council, with the above resolution.
Sent for concurrence.
On motion, the resolution of the House of Assembly of the 25th instant, respecting the claim of William Killen, Esquire, executor of Col. John Haslet, deceased, was read and concurred in.
Resolved, That if upon the final settlement of the accounts of this State with the United States, Col. Haslet's estate shall not be charged with any interest on 1,37431 dollars, the balance due on his account to the United States, this State will cause such interest as hath already been paid on that sum to be re- turned in final settlement certificates to the executor of Colonel Haslet.
Mr. Batson, a member of Assembly, was admitted and present- ed a bill entitled "An act for extending the time for the first pay- ment of the tax for the service of the year 1790," passed by the House of Assembly, sent for concurrence. Which was, by order, read.
On motion, the bill entitled "An act for the supporting, main- taining, and keeping in good order the bridge over Mispillion Creek, and for other purposes therein mentioned," was read, and two amendments being proposed and agreed to, passed Council.
Ordered, That the Secretary return the said bill, with the amendments, to the House of Assembly, for their concurrence; which he accordingly did.
Resolved, That the State Treasurer be authorized to call upon the several officers within this State in whose hands Continental Bills of credit and final settlement certificates belonging to this State may have been lodged, and receive the same from them, and cause the same, together with those already in the Treasury, to be placed in the funds of the United States in the name of the Delaware State, and the said State Treasurer shall report his proceedings thereon to the General Assembly at their next ses- sions.
Sent for concurrence.
Mr. Cannon, a member of Assembly, was admitted and return-
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ed the bill entitled "A supplement to the act for embanking the Ferry Marsh," unanimously rejected.
On motion, the resolution of the House of Assembly of the roth instant, for appointing commissioners to receive the revised acts of Assembly, was read and concurred in. The commis- sioner appointed on the part of Council is Nicholas Ridgely, Esq.
Mr. Batson, a member of Assembly, was admitted and present- ed the following papers: An act to enable the heirs of Jacob Cannon, late of Sussex County, deceased, to keep a Ferry over the River Nanticoke, at a place known by the name of Cannon's Ferry; which was, by order, read.
The same member also returned a report from the Auditor, dated the 20th January, 1791, with an amendment proposed thereto by the House of Assembly; and he returned the report of the Auditor, dated 18th January, 1791, with one amendment which was proposed thereto by Council acceded to, and one dis- agreed to unanimously; which report was, by order, read, and, on motion, Council unanimously adhered to their proposed amendments.
Ordered, That the same, with the foregoing resolution, be delivered by the Secretary to the House of Assembly for their concurrence; which was done accordingly.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council assembled.
On motion, Ordered, That Nicholas Ridgely and Charles Nixon be and they are hereby appointed to take effectual meas- ures to have fifty copies of the Votes and Proceedings of this house printed, from October, 1788, to the present session, in- clusive.
Mr. Grantham, a member of Assembly, was admitted and re-
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THE DELAWARE STATE, 1791.
turned the bill entitled "An act to vacate and make void a part of the public road or highway leading from Brandywine Creek to Christiana Ferry," with an additional amendment proposed thereto, which was agreed to.
Council ordered said bill to be engrossed.
On motion, the report of the Auditor, dated 20th instant, was read, and an amendment being proposed to the amendment pro- posed by the House of Assembly, ordered that the same be re- turned to the House of Assembly by the Secretary; which was done accordingly. .
On motion, the bill entitled, "An act for extending the time for the first payment of the tax for the service of the year 1790," was read a second time, by special order, by paragraphs, and passed.
Ordered, That the said bill be returned to the House of As- sembly by the Secretary; which was done accordingly.
Mr. Snow, a member of Assembly, was admitted and returned the resolution authorizing the State Treasurer to fund the bills of credit and certificates, with an amendment proposed thereto, and also the resolution respecting accounts against this State, with an amendment proposed thereto; which amendments were, on motion, acceded to.
Adjourned till to-morrow morning, 8 o'clock.
SATURDAY, January 29th, 1791.
Council assembled. Present as yesterday.
Mr. Raymond, member of the House of Assembly, was admit- ted and returned the resolution of Council respecting the execu- tor of Col. John Haslet, concurred in by the House of Assembly, and the bill entitled "An act to authorize Ann Ridgely and Nicholas Ridgely, executors of Chas Ridgely; Esq., deceased, to convey unto Daniel Mifflin a certain parcel of land situate in
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Murderkill Hundred, Kent County," with sundry amendments proposed thereto, which was, on motion, read and rejected.
Mr. Truitt, a member of the House of Assembly, was admit- ted and presented for concurrence a bill entitled "A supplement to an act entitled "An act for erecting a bridge and causeway over Lewes Creek, from the Town of Lewes to the Cape side of said Creek, in the County of Sussex," which, on motion, was read.
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