USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 33
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The same member also presented the report of the Auditor, dated January 20th, 1791, with the amendment proposed thereto by the House of Assembly, adhered to by that House, and the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, FRIDAY, P. M., January 28th, 1791.
Resolved, That it is the opinion of this General Assembly that the Constitution of the Delaware State should be revised, amend- ed, and altered, according to the mode prescribed by the Consti- tution; that such revision shall be the duty of the next General Assembly; and that this resolution be published for the consi- deration of the good people of this State.
Ordered, That a copy of the above resolution be sent to the Council for consideration and concurrence.
JAS. BOOTH, Cl'k of Assembly.
In Council, read and disagreed to.
Mr. Hayes was admitted and delivered several engrossed bills, signed by the Speaker of the House of Assembly.
On motion,
Ordered, That the Speaker proceed to sign the engrossed bills passed this session.
On motion, The 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,' " was read a second time.
By special order, the same was read a third time by paragraphs, and passed.
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Ordered, That the said bill be returned to the House of As- sembly, which was done accordingly.
The Hon. Alexander Porter, Esq., delivered to Council his resignation of the office of Judge of the Court of Appeals for the Delaware State, which was, by order, read and accepted.
Resolved, That the State Treasurer be directed to purchase one hundred tickets in the lottery for finishing the Court House in the town of Dover, for the use of the State, which tickets shall be delivered to the Auditor before the drawing of said lot- tery, he giving a receipt for the same to the State Treasurer, specifying the number of each ticket, and the Auditor shall enter the same, with their several numbers, on the book of his office.
Sent for concurrence.
Council allowed the following accounts:
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To the Honorable Alexander Porter, Esq., for 27 days' attendance and mileage, £. 26 4 0 To Gunning Bedford, Esq., for 21 days' attendance and mileage, . 15 2 0
To Thomas Kean, Esq., for 10 days' attendance and mileage, 8 17 O
To John Baning, Esq., for 25 days' attendance, 15 00 . To Nicholas Ridgely, Esq., for 25 days' attendance, . 15 00
To John Gordon, Esq., for 25 days' attendance, . : . To George Mitchell, Esq., for 6 days' attendance and mileage,
15 00
6 6 0
To Isaac Cooper, Esq., for 27 days' attendance and mileage,
18 14 O
To Rhoads Shankland, Esq., for 21 days' attendance and mileage, . 14 17 O
To Charles Nixon, for 25 days' attendance as Secre- tary, and engrossing, 25 12 9 To Thomas Wilds, for 25 days' attendance as Ser- geant-at-Arms and Doorkeeper, 6 50
To Elizabeth Battell, for the use of the Council Cham- ber, 15 00
£181 17 9
On motion,
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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.
Mr. Cannon, a member of Assembly, was admitted and re- turned the resolution authorizing the State Treasurer to purchase tickets in the lottery for the use of the State, with the following amendment proposed, viz:
" Provided a sum not exceeding {150 be paid for the same;" to be inserted after the word 'State,' in line third."
Which amendment was read and acceded to.
On motion, Council proceeded to consider the amendment proposed to the Auditor's Report of the 20th January, 1791, and having receded from their proposed amendment, do concur in the following amendment proposed thereto by the House of As- sembly, viz:
Dele the last line of the report and instead thereof insert "sixty pounds."
Ordered, That the Secretary return the said report, with the amendment acceded to, to the House of Assembly; which he did accordingly.
Mr. Oliver, a member of Assembly, was admitted and deliv- ered the following resolution:
On motion,
Resolved, That the President or Commander-in-Chief affix the Great Seal of this State to the following act, viz :*
Council adjourned to 20th October next.
*According to the manuscript.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
SPECIAL SESSION, SEPTEMBER, 1791.
MONDAY, 5th September, 1791. .
Council met pursuant to the summons of the President of the State. A quorum not attending, adjourned to Tuesday, 6th, P. M.
TUESDAY, 6th, P. M.
Council assembled. Present, Mr. Mitchell, Speaker, Mr: Kean, Mr. Ridgely, Mr. Gordon, Mr. Shankland, and Mr. Cooper.
The Secretary of State presented the following message from his Excellency, the President, viz:
Gentlemen of the General Assembly :
A majority of the House of Assembly of this State having, by several address, represented to me that a speedy meeting of the Legislature would be productive of beneficial effects to the good people of this State, and requested the Legislature to be con- vened on the fifth instant, I did, therefore, on the eighteenth day of August last, issue writs of summons for that purpose, and as I have no public business which requires your immediate attention, I have directed the Secretary to lay before you those addresses and such of the writs as have been returned to me.
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The Secretary will also deliver your honors a collection of the laws passed at the third session of Congress, and the journals of the Senate during the second session, and of the House of Rep- resentatives during the third session. J. CLAYTON.
Dover, Sept, 6, 1791.
On motion, the above message, together with the addresses and writs therein referred to, were read.
Council adjourned to 10 o'clock to-morrow.
WEDNESDAY, 7th, P. M.
Council assembled. Present as yesterday.
A petition, signed by ten persons residing in the County of Sussex, praying that a convention may be chosen, at the next general election, for the purpose of revising and amending the Constitution, or for framing a new one in its stead, was presented to the Chair, and, on motion, read.
Mr. Grantham, a member of Assembly, was admitted and delivered to the Chair the following resolutions, viz:
IN THE HOUSE OF ASSEMBLY OF THE DELAWARE STATE, WEDNESDAY, A. M., September 7th, 1791.
1. Resolved unanimously, That, in the opinion of this.House, alterations and amendments of the Constitution of this State are necessary ; and that the same should be revised in such manner as may be best adapted to the end proposed.
And whereas governments are instituted for securing the un- alienable rights of man, and the protection of individuals in the . enjoyment of life, liberty, and property ; and all government originates from the people, is founded in compact only, and in- tended solely for the good of the whole : and whereas it is ex- pressly declared by our own Bill of Rights, "That whenever the ends of government are perverted, and public liberty manifestly .
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THIE DELAWARE STATE, 1791.
endangered, the people may, and of right ought, to establish a new, or reform the old government,". from which, as well as from the nature of society, and the principles of government, it appears that the people have, at all times, an inherent right to alter and amend the form of government, in such manner as may appear to them best adapted to the end proposed ; and whereas it has been found from experience, that the great and important ends of government are not effected by our present form of gov- ernment, and that the general departments thereof are so blend- ed together, and improperly arranged, as to prevent an impartial, beneficial, and energetic operation ; and whereas the burdens and expenses of government are with difficulty borne, and in some instances the present form is contradictory to the constitu- tion of the United States, which every member of the Legisla- ture and all Executive and Judicial officers must be bound by oatlı or affirmation to support ; and whereas, by the thirtieth article of the constitution of this State, the power of revising the same, and of altering and amending certain parts thereof, is veš- ted in the General Assembly ; and it appears to this House, that the exercise of the power of altering and amending the constitu- tion by the Legislature would not be productive of all the valua- ble purposes intended by a revision, nor be so satisfactory and agreeable to our constituents ; and that it would be more proper and expedient to recommend to the good people of this State to choose deputies for this special purpose, to meet in convention, it is therefore further
2. Resolved, That it be recommended to the good people of the several Counties of this State to choose a suitable number of deputies, to meet in convention, for the purpose of revising, altering and amending the Constitution of this State; or, if they see occasion, for forming a new one instead thereof.
3. Resolved, also, That it is the opinion of this House, that the said Convention consist of the number of thirty persons ; that is to say: ten for the County of New Castle, ten for the County of Kent, and ten for the County of Sussex; and be chosen on the first day of October next, in the same manner, by the same per- sons, at the same places, and under the same regulations, as are directed and appointed by the Election Laws of this State ; save that the names of the persons to be elected deputies shall be written on pieces of paper separate from those containing the legislative represenatives and officers then to be elected, and put
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into separate boxes ; and that the returns should be made to the convention so choosen ; and that the said convention should meet on Tuesday, the twenty-ninth day of November next, at the Town of Dover.
4. Resolved, That it be and it is hereby recommended to the succeeding House of Assembly to provide by law for the ex- penses incurred by the said election and convention.
Extract from the minutes. JAS. BOOTH, Sent for concurrence. Cl' k of Assembly.
On motion, the above and foregoing resolutions were read, and five amendments, being proposed, were agreed to.
Mr. Batson, a member of the House of Assembly, was admit- ted and presented a petition from Francis McMullan, together with a bill entitled "An act for enabling Francis McMullan and his issue to take and use the surname of Gardner, pursuant to the last will and testament of James Gardner, deceased," passed by the House of Assembly, sent for concurrence; which bill was, on motion, read.
Mr. Cannon, a member of Assembly, was admitted and pre- sented the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, September 7th, 1791.
Resolved, That the President of the State be, and he hereby is required and empowered to demand and receive of any officer or officers of this State any certificates or public securities that have or may come to his or their hands, on or before the last day of this month; and if it shall appear to the President to be proper and expedient that the same, or any part thereof, ought to be subscribed to the loan of the United States, to take such order therein as to him may seem most beneficial to the State.
Extract from the minutes. JAS. BOOTH, Cl'k Assembly.
Sent for concurrence.
On motion the above resolution was read, considered, and agreed to.
Council adjourned to 10 o'clock to-morrow.
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THE DELAWARE STATE, 1791.
THURSDAY, 8th September, 1791, A. M.
Council assembled. Present as yesterday.
The Secretary, by order, returned to the House of Assembly the resolution respecting the publie securities, concurred in by Council, and also the resolutions for altering the Constitution, with the amendments proposed thereto by the Council.
On motion, by special order,
The bill entitled "An act for enabling Francis MeMullan and his issue to take and use the surname of Gardner, pursuant to the last will and testament of James Gardner, deceased," was read a second time, by paragraphs, and passed Council.
Ordered, That the said bill be returned to the House of As- sembly.
By order, the Speaker signed a. writ directed to the Sheriff of New Castle County, authorizing and requiring him to hold an election for a member of the Legislative Council in the room and stead of Alexander Porter, Esquire, who hath accepted his ap- pointment of fourth Justice in the Court of Common Pleas in said County; and a writ directed to the Sheriff of Kent County, au- thorizing and requiring him to hold an election for a member of the Legislative Council in the room of John Baning, Esquire, deceased.
Ordered, That the Secretary forward the said writs to the respective Sheriff's forthwith.
Council adjourned to 3 o'clock this afternoon.
EODEM DIE, P. M.
Council assembled.
Mr. Truitt, a member of Assembly, was admitted and returned the resolution for altering the Constitution, with three of the amendments proposed by Council acceded to, a fourth in part
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acceded to, and the fifth disagreed to, with two amendments proposed thereto by the House of Assembly; which were, on motion, read.
On motion,
Resolved, That Council do adhere to their amendments pro- posed to the above resolutions, and disagree to those proposed by the House of Assembly.
Ordered, That the same be returned to the House of Assem- bly by the Secretary; which was done accordingly.
Mr. Oliver, a member of Assembly, was admitted and return- ed the resolutions for altering the Constitution, with a further amendment proposed thereto by the House of Assembly. They agree to the 5th amendment, proposed by Council, and adhere to their disagreement in part to the 4th amendment proposed by Council, and recede from one of their first proposed amendments.
The said resolution and amendments were, by order, read, and the amendment proposed by the House of Assembly was disa- greed to by Council and their proposed amendments adhered to.
Ordered, That the same be returned to the House of Assem- bly by the Secretary; which was done accordingly.
Mr. Batson, a member of Assembly, was admitted and re- turned the bill entitled "An act for enabling Francis McMullan and his issue to take and use the surname of Gardner, pursuant to the last will and testament of James Gardner, deceased," signed by the Speaker of the House of Assembly.
On motion, the said bill was signed by the Speaker of Council, and the resolution of the House of Assembly for affixing the Great Seal thereto agreed to.
Resolved, That Charles Nixon, the present Clerk of Council, procure, at the expense of the public, one and a half dozen of armed chairs, and a writing desk, and two small tables, fitting for the accommodation of Council; and that the Speaker draw an order on the State Treasurer for the amount thereof when purchased.
Council allowed the following accounts:
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THE DELAWARE STATE, 1791.
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To the Honorable George Mitchell, Esq., Speaker, for 6 days' attendance and mileage, . E
8 2 0 To Thomas Kean, Esq., for 6 days' attendance and mileage, 6 7 0
To Nicholas Ridgely, Esq., for 4 days' attendance, . 2 8 0 To John Gordon, Esq., for 4 day's attendance, . .
To Rhoads Shankland, Esq., for 5 days' attendance
2 8 0 and mileage, . ·
5 5 0 To Isaac Cooper, Esq., for 5 days' attendance and mileage, . 5 10 0
To Charles Nixon, for 4 days' attendance as Clerk, . 2 10 0
To Thomas Wilds, for 4 days' attendance as Door- keeper, 2 5 0
£34 15 0
On motion,
Resolved, That orders be drawn on the State Treasurer for the foregoing sums, and that the same be signed by the Speaker.
Whereupon orders were drawn and signed accordingly.
Mr. Truitt, a member of Assembly, was admitted and pre- sented an account of David Harper, for the sum of three pounds, for summoning the General Assembly, allowed by the House of Assembly; which was, on motion, read and agreed to.
On motion,
Resolved, That the Speakers of both Houses draw their order on the State Treasurer, in favor of David Harper, for the sum of three pounds.
Sent for concurrence.
Mr. Truitt, a member of Assembly, was admitted and returned the resolutions for altering the Constitution, with all the amend- ments proposed by Council acceded to by the House of Assem- bly; which resolutions are as follows:
IN THE GENERAL ASSEMBLY OF THE DELAWARE STATE, THURSDAY, September 8th, 1791.
I. Resolved unanimously, That, in the opinion of this General Assembly, alterations and amendments of the Constitution of this
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State are necessary, and that the same should be revised in such manner as may be best adapted to the end proposed.
And whereas governments are instituted for securing the un- alienable rights of man, and the protection of individuals in the enjoyment of life, liberty, and property, and all government originates from the people, is founded in compact only, and in- tended solely for the good of the whole; and whereas it is ex- pressly declared by our own Bill of Rights, "That whenever the ends of government are perverted, and public liberty manifestly endangered, the people may, and of right ought, to establish a new, or reform the old government," from which, as well as from the nature of society and the principles of government, it appears that the people have at all times an inherent right to alter and amend the form of government in such manner as may ap- pear to them best adapted to the end proposed; and whereas it has been found, from experience, that the great and important ends of government are not effected by our present form of gov- ernment, and that the general departments thereof are so blended together and improperly arranged as to prevent an impartial, beneficial and energetic operation; and whereas the burdens and expenses of government are with difficulty borne, and in some instances the present form is contradictory to the Constitution of the United States, which every member of the Legislature and all Executive and Judicial officers must be bound by oath or affir- mation to support; and whereas, by the Thirtieth Article of the Constitution of this State the power of revising the same, and of altering and amending certain parts thereof, is vested in the General Assembly; and it appears to this General Assembly that the exercise of the power of altering and amending the Constitu- tion by the Legislature would not be productive of all the valua- ble purposes intended by a revision, nor be so satisfactory and agreeable to our constituents; and that it would be more proper and expedient to recommend to the good people of this State to choose deputies for this special purpose, to meet in convention, it is therefore further
2. Resolved, That it be recommended to the good people of the several Counties in this State to choose a suitable number of deputies, to meet in convention, for the purpose of revising, altering and amending the Constitution of this State; or, if they see occasion, for forming a new one instead thereof.
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THE DELAWARE STATE, 1791.
3. Resolved, also, That it is the opinion of this General As- sembly that the said Convention consist of the number of thirty persons; that is to say: ten for the County of New Castle, ten for the County of Kent, and ten for the County of Sussex; and be chosen on the first day of October next, in the same manner, by the same persons, at the same places, and under the same regulations, as are directed and appointed by the election laws of this State; save that any free white citizen of this State, of the age of twenty-one years and upwards, shall be eligible to a seat in the said Convention, and that the returns should be made to the Convention so chosen; and that the said Convention should meet on Tuesday, the twenty-ninth day of November next, at the Town of Dover.
4. Resolved, That the members and officers of the said Con- vention shall be entitled to receive the like wages as are now paid to the members and officers of the General Assembly; and that the presiding member of the said Convention draw his order on the Treasurer of the State for such wages in favor of the respec- tive members and officers of said Convention.
5. Resolved, That the several Sheriffs of the State be furnished with a copy of these resolutions by the President, certified by the Clerk of each House; and that the said Sheriffs, or other officers who may hold the said elections, do give public notice, as soon as conveniently may be, by twenty advertisements at least, set up in the most public places in each county, of the said election of a Convention, and that the said Clerks furnish the President with said copies.
Council adjourned to the 20th day of October next.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
At a session commenced at Dover, on the twentieth day of October, in the year of our Lord one thousand seven hundred and ninety-one, divers of the members met, but the number not being a quorum, they adjourned to Monday, the twenty-fourth instant.
MONDAY, October 24th, 1791, P. M.
The following members of Council appeared and took their seats, viz: Mr. Alexander, Mr. Tilton, Mr. Gordon, Mr. Ray- mond, Mr. Mitchell, and Mr. Shankland.
The return of the Sheriff and Inspectors of the County of New . Castle of the election of a Councillor to fill the seat of Alexander Porter, Esquire, who hath been appointed fourth Justice of the Court of Common Pleas for said County, and of the election of a Councillor to fill the seat of Gunning Bedford, Esquire, which became vacant by rotation, being laid on the table and read, it appears that Nehemiah Tilton, Esquire, was duly elected in lieu of Alexander Porter, Esquire, and that Archibald Alexander, Esquire, was duly elected in lieu of Gunning Bedford, Esquire, members of the Council for the said County, according to the Constitution and Laws of the Delaware State.
The return of the Sheriff and Inspectors of the County of Kent of the election of a Councillor to fill the vacancy occasioned by the death of John Baning, Esquire, and of the election of a
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Councillor to fill the seat of Nicholas Ridgely, Esquire, which became vacant by rotation, being laid on the table and read, it appears that Fenwick Fisher, Esquire, was duly elected in lieu of John Baning, Esquire, deceased, and that James Raymond, Esquire, was duly elected in lieu of Nicholas Ridgely, Esquire, members of the Council for the said County, according to the Constitution and Laws of the Delaware State.
The return of the Sheriff and Inspectors of the County of Sussex of the election of a Councillor to fill the seat of George Mitchell, Esquire, which became vacant by rotation on, the Ist October instant, being laid on the table and read, it appears that George Mitchell, Esquire, was reelected a member of the Council for the said County, according to the Constitution and Laws of the Delaware State.
Council proceeded to the choice of a Speaker, and the Hon- orable George Mitchell, Esquire, was unanimously elected.
The Speaker, in the Chair, took the oath prescribed by the Constitution, and subscribed the declaration of faith therein re- . quired, and Archibald Alexander, Nehemiah Tilton, and James Raymond, Esquires, took the said oath and subscribed the said declaration. . [See note on page 10.]
The Speaker presented a letter from the Honorable John Dickinson, Esquire, inclosing the following resignation, viz:
"I, John Dickinson, hereby resign my commission of Judge in the Court of Appeals for the Delaware State."
Which resignation was, on motion, accepted.
On motion, by order,
The rules to be observed by the members of Council, made and agreed to in the year 1776, with an additional one, made and agreed to in 1786, were read and adopted as the rules to be ob- served during the present sitting of Council.
Council adjourned to 10 o'clock to-morrow.
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THE DELAWARE STATE, 1791.
TUESDAY, October 25th, 1791, A. M.
Council assembled. Present as yesterday.
Mr. McKennan, a member of the House of Assembly, was ad- mitted and presented to the Chair the following report, viz:
The Commissioner appointed to state and support the claim of this State against the Union, begs leave to report: That after two preparatory journeys to Philapelphia, he entered on the business of his mission in the month of June last, and on the 24th day of the same month exhibited a claim, amounting to 3, 261, 04490 dollars, of old emissions, and 380, 228.901/3 dollars, of specie, to the Board of Commissioners appointed by Congress ; that the Board estimated the old emission payments to be equal to 100, - ooo dollars, and supposed that two-thirds of the sum might be allowed for interest, making the whole, on a rough calculation, to amount to 800,000 specie dollars.
The Commissioner made sundry other claims by way of a general saving, and informed the Board that he would hold him- self in readiness to support the claims of the State by the best proofs in his power; that in doing this reference would be made, in some cases, to the laws and journals of the Legislature, and to the public books of the State. And he expressed his hopes that great indulgence would be shown the State in consequence of the loss of papers captured by the enemy.
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