USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37
£
£
1231
THE DELAWARE STATE, 1792.
Agreeable to leave granted yesterday, Mr. Alexander laid on the table a bill entitled "An act for enlarging the corporate powers of the Trustees of the New Castle Commons;" which was, on motion, read.
Mr. Robinson, a member of Assembly, was admitted and pre- sented to the Chair a petition, signed by a number of the inhab- itants of Campden, praying a law to prevent hogs from running at large, and a bill entitled "An act to 'prevent swine running at large in the village of Campden and certain bounds and limits therein prescribed," passed by the House of Assembly and sent for concurrence. Which petition and bill were, on motion, read.
A memorial, signed by the Sheriffs of New Castle and Kent Counties, praying leave to bring in a bill to increase the fees to Sheriffs, was laid on the table, and, on motion, read and referred to Mr. Alexander and Mr. Shankland, to report thereon.
On motion, by special order,
The bill entitled "An act for enlarging the corporate powers of the Trustees of the New Castle Commons," was read a second time by paragraphs, and passed Council.
Agreeable to the order of the day, Council proceeded to the election of two persons as Privy Councillors, to supply the vacan- cies occasioned by the expiration of the times of George Wilson and Manlove Emerson, Esquires, and the ballots being taken and cast up, it appears that Nathaniel Mitchell and George McCall, Esquires, were duly elected, and they were declared to be duly elected accordingly.
Adjourned to 10 o'clock on Monday next.
MONDAY, January 23d, 1792.
Council assembled. Present as on Saturday.
Ordered, That Mr. Raymond wait on the House of Assembly with the following papers, viz:
A
الـ
1232
MINUTES OF THE COUNCIL OF
"An act to supply the loss of a deed made in or about the year one thousand seven hundred and fifty-eight, by Simon Dixon to John Way, for two hundred acres of land in Mill Creek Hundred, in the County of New Castle" concurred in by Coun- cil; "An act to authorize Ann Ridgely and Nicholas Ridgely, executors of Charles Ridgely, Esquire, deceased, to convey unto Daniel Mifflin a certain parcel of land situate in Murderkill Hun- dred, Kent County," passed by Council and sent for concurrence; "An act for enlarging the corporate powers of the Trustees of the New Castle Commons," passed by Council and sent for con- currence; and the resolution of the House of Assembly entered into the 20th instant, respecting the books and papers belonging to the State, now in South Carolina, concurred in by Council.
Which he did accordingly.
On motion,
Ordered, That Mr. Shankland and Mr. Alexander be a com- mittee to take into consideration the bill entitled "An act to prevent swine running at large in the village of Campden, and certain bounds and limits therein prescribed," and to report thereon.
Mr. Evans, a member of the House of Assembly, was admit- ted and presented the following resolution, viz., which was read :
IN THE HOUSE OF ASSEMBLY, January 23d, 1792.
Resolved, That a Joint Committee of both Houses be appointed to take into consideration the condition of the finances of this State, and as far as can be the accounts and demands due to the same, and report to this General Assembly the most advisable means for bringing all monies and demands into the public Treasury.
The members on the part of this House, are Messrs. Truitt, Evans, and Batson.
Extract from the minutes. FRANCIS MANY, for
Sent for concurrence. JAMES BOOTH, CU'k.
Adjourned to 10 o'clock to-morrow.
-
£
0 0
1233
THE DELAWARE STATE, 1792.
TUESDAY, 24th January, 1792, A. M.
Council assembled. Present as yesterday.
The committee to whom was referred the petition of Mar- garet North, presented the following report, which was read:
That from every information they have been able to collect, it is the opinion of your committee that Council should concur with the House of Assembly and agree to the Auditor's report, as made to the House of Assembly the 11th of January, 1791, and entered on the minutes of Council.
On motion, the report of the Auditor, dated the eleventh of January, one thousand seven hundred and ninety-one, as entered at large on the minutes of Council the twelfth day of January, one thousand seven hundred and ninety-one, allowing the sum of one hundred and twelve pounds six shillings and five pence to Margaret North, was read, considered, and concurred in.
On motion, the resolution of the House of Assembly appoint- ing a joint committee to take into consideration the state of the finances of this State, presented yesterday, was read, considered, and agreed to.
The members appointed on the part of Council, are Mr. Tilton, Mr. Alexander, and Mr. Raymond. ..
Ordered, That Mr. Cooper wait on the House of Assembly and return them the above resolution and the report of the Auditor, concurred in by Council; which he did accordingly.
Adjourned to 10 o'clock to-morrow.
WEDNESDAY, January 25th, 1792, A. M.
Council assembled. Present as yesterday.
The committee to whom was referred the memorial of the Sheriffs of New Castle and Kent Counties, presented the follow- ing report, viz:
155
L
0.0
102
الصادر
1234
MINUTES OF THE COUNCIL OF
That. as this State is now about to alter the present Constitu- tion and form a new one, which is soon expected to take effect, and at which time it will be necessary for the Legislature to make many general regulations for the respective officers, it is therefore the opinion of your committee that Council should not at this time go into any partial regulation of the fees as established by the present existing laws of this State.
Which was, on motion, read and agreed to.
The committee to whom was referred the bill entitled "An act to prevent swine running at large in the village of Campden and certain bounds and limits therein prescribed," reported sundry amendments to said bill.
On motion, the said bill was read a second time, with the amendments proposed thereto by the committee.
Adjourned to 3 o'clock this afternoon.
WEDNESDAY, January 25th, 1792, P. M.
Council assembled.
On motion, the bill entitled "An act to prevent swine running at large in the village of Campden and certain bounds and limits therein prescribed," was read a third time by paragraphs, with the amendments proposed, and passed Council.
Ordered, That Mr. Cooper wait on the House of Assembly with said bill; which he did accordingly.
Mr. McKennan, a member of Assembly, was admitted and returned the bill entitled "An act for the more easy and speedy recovery of small debts," with eight amendments proposed thereto by the House of Assembly.
Adjourned to 10 o'clock to-morrow.
=
1
1235
THE DELAWARE STATE, 1792.
THURSDAY, 26th January, 1792.
Council assembled. Present as yesterday.
The committee to whom was referred the bill entitled "A sup- plementary act to the act entitled 'An act for the better Relief of the Poor,'" reported that the said act, as passed by the House of Assembly, should be rejected by Council, and, instead thereof, a bill entitled "A supplementary act to an act entitled 'An act for the better Relief of the Poor,' passed at Dover, the 29th day of January, 1791," which the committee now laid on the table, should be substituted.
On motion, the act reported by the committee was read.
On motion, the bill entitled "A supplementary act to the act entitled 'An act for the better Relief of the Poor," as passed by the House of Assembly, was read and unanimously rejected.
On motion, the bill entitled "A supplementary act to an act entitled 'An act for the better Relief of the Poor,' passed at Dover, the 29th day of January, 1791," as reported by the com- mittee, was, by special order, read a second time by paragraphs, and passed Council.
Ordered, That Mr. Tilton wait on the House of Assembly witlı said bill, for their concurrence; which he did accordingly.
On motion, the resolution of the House of Assembly, presented the 20th inst., directing the Auditor to liquidate the balances due on the old emissions, was read, considered, and agreed to.
Ordered, That Mr. Tilton return the said resolution to the House of Assembly; which he did accordingly.
Adjourned to 10 o'clock to-morrow.
1
1
1
1236
MINUTES OF THE COUNCIL OF
FRIDAY, January 27th, 1792, A. M.
Council assembled. Present as yesterday.
Mr. McKennan, a member of Assembly, was admitted and pre- sented to the Chair an act entitled "An act to enable the owners and possessors of a certain tract of meadow ground, marsh and cripple, situate at the north end of the Town of New Castle, to repair, support and maintain the banks, dykes and sluices be- longing to the same," passed by the House of Assembly and sent for concurrence, and a petition, signed by sundry persons, owners of marsh near the Town of New Castle.
On motion, the act entitled "An act for the more easy and speedy recovery of small debts," with the amendments proposed thereto by the House of Assembly, was read, and six of the said amendments were disagreed to, and an additional amendment proposed thereto by Council.
Ordered, That Mr. Cooper wait on the House of Assembly with said bill, and the amendment proposed thereto, for their concurrence; which he did accordingly.
The committee to whom was referred the bill entitled "An act to enable Elisha Dickerson to erect a mill-dam across the head- waters of Indian River," presented the following report, viz:
"That they are of opinion said bill may pass into a law, with such amendments as shall be thought proper by Council."
Which was, on motion, read and agreed to.
On motion of Mr. Tilton, seconded by Mr. Alexander, that the said bill be recommitted, it was determined in the negative.
Mr. McKennan, a member of Assembly, was admitted and presented to the Chair a memorial of William Frazer, in behalf of his son, William Clark Frazer, together with a bill entitled "An act to vest William Clark Frazer with certain parts of the estate of William Clark, deceased, which by reason of alienage in the devisee had devolved to the Delaware State, in William Clark Frazer, an infant."
0
l ine m
1237
THE DELAWARE STATE, 1792.
On motion, the bill entitled "An act to enable Elisha Dicker- son to erect a mill-dam across the headwaters of Indian River," was, by special order, taken up for a second reading, by para- graphs, and after some progress made therein, Council ad- journed to 3 o'clock this afternoon:
FRIDAY, January 27th, 1792, P. M.
Council assembled, and, on motion, resumed the reading, by paragraphs, the bill entitled "An act to enable Elisha Dickerson to erect a mill-dam across the headwaters of Indian River."
On motion of Mr. Tilton, seconded by Mr. Alexander, .to postpone the reading said bill till Council have further considera- tion of the same, it was determined in the negative.
Council then proceeded in the reading of said bill, and sun- dry amendments being proposed thereto and agreed to, passed Council.
Adjourned to 10 o'clock to-morrow.
SATURDAY, January 28th, 1792, A. M. Council assembled. Present as yesterday, except Mr. Shank- land.
Mr. Hollingsworth, a member of Assembly, was admitted and delivered the following papers, viz: A petition signed by James Delaplaine, with the following resolution:
IN THE HOUSE OF ASSEMBLY, 26th January, 1792, P. M.
Resolved, That James Delaplaine, late Collector of the State. Tax of New Castle County, be allowed four per cent. for the col-
1238
MINUTES OF THE COUNCIL OF
lection of the State tax for the year 1785, on the final settlement of his account with the Auditor.
Sent for concurrence.
FRANCIS MANY, For JAMES BOOTH, CU'k.
The same member also delivered the following report, viz:
We, the Joint Committee of both Houses of the General As- sembly, appointed to take into consideration the state of the finances of the State, and the measures to be taken to bring the outstanding debts into the Treasury, beg leave to report:
That the Auditor lay a state of the finances before the General Assembly, specifying the several debtors and the sum or sums due from each of them, as near as can be ascertained. That a law be passed appointing a State Treasurer, vested with ample powers to recover, in the most speedy and summary manner, the sum or sums so reported due to the State. That he may attend the sale of lands or goods at the suit of the State; bid for or buy the same, and make sale thereof for the use of the State, always having regard to the interest of the State in his purchases or sales. That provision be made for bringing all monies from the different Loan Offices into the Treasury; and that no further loans of money be made on mortgage. That provision be made for appointing collectors for the different Hundreds in Sussex County for the tax laid in 1790, where they are not already ap- pointed. That the Auditor, at all times when required, shall furnish the Treasurer with an account of any debtor:or debtors' accounts as the same stand on the public books; and that the State Treasurer shall settle his accounts quarterly with the Audi- tor.
Signed on the part of Council,
NEHEMIAH TILTON, JAMES RAYMOND, ARCHB'D ALEXANDER.
Signed on the part of the House of Assembly,
THOS. EVANS, GEORGE TRUITT, JOHN W. BATSON.
Amendment proposed by the House of Assembly to the report
W
RIGHT
1239
THE DELAWARE STATE, 1792.
of the Joint Committee of both Houses: That the word "Trea- surer" shall be erased, and "agent" put in the stead thereof, in the 5th line.
Sent for concurrence. FRANCIS MANY, Jan. 27th, 1792, A. M. For JAS. BOOTH, CU'k.
A memorial from Charles Pope, formerly Lieutenant Colonel of the troops of this State, with the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, January 28th, 1792.
Resolved, That Lt. Col. Charles Pope is entitled to the benefit of all that part of the act of Assembly of this State entitled "An act for calling out of circulation their quota of Continental money," so far as it respects the depreciation of the pay due to the officers and soldiers of the Delaware Regiment, and that the Auditor and the surviving Commissioner for settling the depreciation accounts be required to adjust and liquidate the depreciation of the pay of the said Charles Pope and issue their certificate or cir- tificates for the same.
Sent for concurrence.
FRANCIS MANY, For JAS. BOOTH, Cl'k.
Mr. Hollingsworth also returned the bill entitled "An act for the more casy and speedy recovery of small debts," with the amendments proposed by the House of Assembly, and disagreed to by Council, receded from, and the amendment proposed by Council disagreed to, and a further amendment proposed by the House of Assembly.
On motion, the said bill was read, and the amendment pro- posed by Council receded from, and the amendment proposed by the House of Assembly agreed to.
Ordered that the same be now engrossed.
On motion, the report of the joint committee appointed to take into consideration the state of the finances, was read and agreed to. The amendment proposed thereto by the House of Assem- . bly was rejected.
Ordered, That Mr. Alexander wait on the House of Assembly and return said report; which he did accordingly.
£
Z
I 240
MINUTES OF THE COUNCIL OF
Mr. Truitt, a member of Assembly, was admitted and presented to the Chair a bill entitled "An act for the better improvement of a tract or parcel of meadow, marsh and cripple, commonly called the Mill Creek Marshes, situated on St. Jones' River, in Kent County," passed by the House of Assembly and sent for concur- rence.
Adjourned to 10 o'clock on Monday.
MONDAY, January 30th, 1792, A. M.
Council assembled. Present as on Saturday.
On motion, the bill entitled "An act to enable the owners and possessors of a certain tract of meadow ground, marsh and cripple, situate at the north end of the Town of New Castle, to repair, support and maintain the banks, dykes and sluices be- longing to the same," was read.
On motion, the last mentioned bill, and the bill entitled "An act for the better improvement of a tract or parcel of meadow, marsh and cripple, commonly called the Mill Creek Marshes, situated on St. Jones' River, in Kent County," were referred to Mr. Tilton and Mr. Alexander, to report thereon.
Adjourned to 3 o'clock this afternoon.
MONDAY, January 30th, 1792, P. M.
Council assembled.
On motion, the memorial of Lt. Col. Charles Pope, together with the resolution of the House of Assembly on his case, dated the 28th instant, were read.
On motion,
1
1241
THE DELAWARE STATE, 1792.
Resolved, That Council do concur in the said resolution.
Ordered, That Mr. Raymond return said resolution to the House of Assembly, which was done accordingly.
On motion, the memorial of William Frazer, in behalf of his son, and the bill entitled "An act to vest certain parts of the estate of William Clark, deceased, which by reason of alienage in the devisee had devolved to the Delaware State, in William Clark Frazer, an infant," were read and referred to Mr. Alexan- der, Mr. Raymond, and Mr. Cooper, to report thereon ..
On motion, the petition of James Delaplaine, with the resolu- tion of the House of Assembly, dated the 26th inst., respecting a further allowance to him as Collector of the State Tax for 1785, were read and committed to Mr. Tilton and Mr. Cooper to report thereon.
Adjourned to ro o'clock to-morrow.
TUESDAY, January 31st, 17.92.
Council assembled. Present as yesterday.
Mr. McKennan, a member of Assembly, was admitted and presented a bill entitled "An additional supplement to an act en- titled 'An act for the limitation of actions and proving accounts against the estates of persons dying within this State,' " passed by the House of Assembly and sent for concurrence. Which was, on motion, read.
Mr. Evans, a member of Assembly; was admitted and re- turned the bill entitled "A supplementary act to an act for the better Relief of the Poor," with twenty amendments proposed thereto by the House of Assembly, which, on motion, were read, and five of their proposed amendments disagreed to, one post- poned, the remaining number agreed to, and an amendment pro- posed thereto by Council.
The committee to whom was referred the bill entitled "An act 156
٢
1242
MINUTES OF THE COUNCIL OF
to enable the owners and possessors of a certain tract of meadow ground, marsh and cripple, situate at the north end of the Town of New Castle, to repair, support and maintain the banks, dykes and sluices belonging to the same," reported sundry amendments thereto.
On motion, the said bill was, by special order, read a second time, by paragraphs, and sundry amendments being proposed and agreed to, passed Council.
Ordered, That Mr. Cooper wait on the House of Assembly with said bill, and the amendments proposed, for their concur- rence; which he did accordingly.
Mr. Hollingsworth, a member of Assembly, was admitted and returned the report of the joint committee on the subject of finance, with the amendment proposed thereto by the House, and disagreed to by Council adhered to, and four additional amendments proposed thereto, which were, on motion, read.
Adjourned to 10 o'clock to-morrow.
WEDNESDAY, February Ist, 1792, A. M.
Council assembled. Present as yesterday.
Ordered, That Mr. Tilton wait on the House of Assembly and deliver them the following verbal message, for their concurrence, viz:
Gentlemen :
The Council propose to the honorable House of Assembly the meeting of the General Assembly, in the Council Chamber, at one o'clock this afternoon, in order to put in nomination persons out of whom shall be chosen a State Treasurer, to supply the vacancy occasioned by the death of John Gordon, Esquire; and also to put in nomination persons out of whom shall be chosen a Justice to supply the vacancy in the Court of Common Pleas
1 والسويد
1
1243
THE DELAWARE STATE, 1792.
in the County of Sussex, occasioned by the death of Peter F. Wright, Esquire.
Mr. Tilton delivered the message accordingly.
Mr. Truitt, a member of Assembly, was admitted and returned the above message, concurred in by the House of Assembly.
Adjourned to 3 o'clock this afternoon.
WEDNESDAY, February Ist, 1792, P. M.
Council assembled.
Mr. Truitt, a member of Assembly, was admitted and delivered the following verbal message, which was read, viz:
IN THE HOUSE OF ASSEMBLY, P. M., February Ist, 1792. Gentlemen :
The House of Assembly propose to the honorable Legislative Council that they will meet, in the Council Chamber, in five minutes, in order to put in nomination persons out of whom shall be chosen a State Treasurer, to supply the vacancy occasioned by the death of John Gordon, Esquire; and also to put in nom- ination persons out of whom shall be chosen a Justice to supply the vacancy in the Court of Common Pleas in the County of Sussex, occasioned by the death of Peter F. Wright, Esquire.
The General Assembly met in Council Chamber.
The verbal message sent this morning by Council to the House of Assembly, and concurred in by that House, was, by order, read.
On motion of Mr. Many, seconded by Mr. Barratt, that as the President or Commander-in-Chief is not present, the two Houses do now separate, it was determined in the negative.
On motion of Mr. Truitt, seconded by Mr. Batson, that the General Assembly do now proceed to nominate persons out of
-
syour
1
1 244
MINUTES OF THE COUNCIL OF
whom shall be chosen a State Treasurer, to supply the vacancy occasioned by the death of John Gordon, Esquire, it was deter- mined in the affirmative.
The General Assembly proceeded accordingly, and the follow- ing persons were nominated, viz:
Mr. Draper nominated Robert Clark, Esquire: Mr. McLane nominated Francis Many, Esquire; Mr. Oliver nominated Nich- olas Ridgely, Esquire; Mr. Alexander nominated John Stock- ton, Esquire.
On motion of Mr. Batson, seconded by Mr. Truitt, that the General Assembly do now proceed to nominate persons out of whom shall be chosen Justices to supply the vacancies in the Court of Common Pleas in Sussex County, it was determined in the affirmative.
The General Assembly proceeded accordingly, and the follow- ing persons were nominated:
Mr. Tilton nominated Peter Robinson, Esquire, 2d Justice; Mr. Batson nominated Charles Polk, Esquire, 3d Justice; Mr. Batson nominated Isaac Cooper, Esquire, 4th Justice.
On motion,
Resolved, That the two Houses now separate, and meet, in the Council Chamber, in one hour, in order to elect, by ballot, persons, from those in nomination, as State Treasurer and Jus- tices of the Court of Common Pleas for the County of Sussex.
The Houses separated accordingly.
The General Assembly met, in the Council Chamber, and, on motion, proceeded, by joint ballot, to the election of a State Treasurer, to supply the vacancy occasioned by the death of John Gordon, Esquire, and the ballots being taken and exam- ined, it appeared that Robert Clark, Esquire, was duly elected, and he was declared duly elected State Treasurer accordingly.
On motion of Mr. Batson, seconded by Mr. Cannon, that the General Assembly do now proceed to elect persons, by ballot, out of those in nomination, as Justices to supply the vacancies in the Court of Common Pleas in the County of Sussex, it was determined in the negative.
L
1
I245
THE DELAWARE STATE, 1792.
On motion of Mr. Batson, seconded by Mr. McKennan, that the consideration of the last question be resumed, it was deter- mined in the affirmative.
On motion of Mr. Batson, seconded by Mr. Cannon, that the General Assembly do now proceed to elect persons, by ballot, out of those in nomination as Justices to supply the vacancies in the Court of Common Pleas in the County of Sussex, it was de- termined in the affirmative.
The Speaker of the House of Assembly requested leave to retire, as he considered it unconstitutional to go into such ap- pointment in the absence of the President. Leave was granted and he retired accordingly.
On motion of Mr. Barratt, seconded by Mr. Barker, that the yeas and nays be taken on the question to elect persons, by ballot, as Justices in the Court of Common Pleas in Sussex .. County, it was determined in the affirmative. They were taken accordingly, and are as follows:
Ycas-Mr. Alexander, Mr. Tilton, Mr. Maxwell, Mr. Robin- son, Mr. Reynolds, Mr. McKennan, Mr. Hayes, .Mr. Batson, Mr. Draper, Mr. Jeremiah Cannon, Mr. Wingate Cannon, Mr. Cooper.
Nays-Mr. Raymond, Mr. Evans, Mr. Collins, Mr. Hol- lingsworth, Mr. Truitt, Mr. Barratt, Mr. Many, Mr. Lewis, Mr. Barker, Mr. Oliver. -
On motion of Mr. Tilton, seconded by Mr. Cannon, that the Speaker of the House of Assembly having retired, shall this General Assembly proceed to elect persons out of those in nom- ination as Justices to supply the vacancies in the Court of Com- mon Pleas in the County of Sussex? it was determined in the negative.
On motion of Mr. Evans, seconded by Mr. Barker, that the Clerk of the House of Assembly be directed to request the Speaker of that House to resume his seat, it was determined in the affirmative.
The Clerk reported, from the Speaker, that he would resume the Chair for the purpose of the Houses to separate, but, as leave was granted him to retire, he did not choose to resume for any other purpose.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.