USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 36
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On motion of Mr. Evans, seconded by Mr. McKennan, that Mr. Robinson do now take the Chair of the Speaker of the House of Assembly, as Speaker of that House pro tempore, it was determined in the affirmative, and Mr. Robinson was placed in the Chair accordingly.
The General Assembly then proceeded, by joint ballot, to the election of Justices, separately, to supply the vacancies in the Court of Common Pleas in Sussex County, and the ballots being taken and examined, it appeared that Peter Robinson, Esquire, was duly elected second Justice; Charles Polk, Esquire, was duly elected third Justice, and Isaac Cooper, Esquire, was duly elected fourth Justice, and they were declared duly elected accordingly.
Then the two Houses separated, and Council adjourned to 10 o'clock to-morrow.
THURSDAY, February 2d, 1792, A. M.
Council assembled. Present as yesterday.
On motion, the report of the joint committee on the subject of finance, together with the amendments proposed thereto by the House of Assembly, were read, and the proposed amendments disagreed to.
On motion,
Resolved, That Mr. Tilton and Mr. Cooper be a committee to prepare and bring in a bill agreeable to the tenor of the report of the joint committee on the subject of finance.
On motion, the amendments proposed by the House of As- sembly to the bill entitled "A supplementary act to an act en- titled 'An act for the better Relief of the Poor,' passed at Dover, the 29th day of January, 1791," which had been postponed by Council, were read, and the four first lines thereof rejected, the remainder agreed to.
Ordered, That Mr. Raymond return the said bill, with the
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THE DELAWARE STATE, 1792.
amendments, as acted on by Council, and the report of the joint committee on the subject of finance, with the amendments pro- posed disagreed to, to the House of Assembly; which he did accordingly.
Adjourned to 3 o'clock this afternoon.
THURSDAY, February 2d, 1792, P. M.
Council assembled.
The committee to whom was referred 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," reported an amendment thereto.
On motion, the said bill was, by special order, read a second time by paragraphs, and an amendment being proposed thereto and agreed to, passed Council.
Ordered, That Mr. Cooper wait on the House of Assembly with said bill, as amended, for their concurrence; which he did accordingly.
Mr. McKennan, a member of Assembly, was admitted and presented to the Chair a bill entitled "An additional supplement to the additional supplement to the supplement of an act entitled 'An act to prevent the exportation of slaves, and for other pur- poses,' " passed by the House of Assembly and sent for concur- rence. Which was, on motion, read.
On motion, the bill entitled "An additional supplement to an act entitled 'An act for the limitation of actions and proving accounts against the estate of persons dying within this State,'" was committed to Mr. Raymond and Mr. Alexander, to report thereon.
Mr. Evans, a member of Assembly, was admitted and deliv- ered a report from the Auditor, dated January 25th, 1792, con-
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taining a circumstantial account of the finances of this State ; which was, on motion, read, and ordered to lie on the table.
Council adjourned to 10 o'clock to-morrow.
FRIDAY, February 3d, 1792, A. M.
Council assembled. Present as yesterday.
Mr. Lewis, a member of Assembly, was admitted and returned the bill entitled "A supplementary act to an act entitled 'An act for the better Relief of the Poor,' passed at Dover, 29th January, 1791," thus acted on:
IN THE HOUSE OF ASSEMBLY, A. M., February 3, 1792.
The amendments not agreed to by Council receded from by this House, and the amendment proposed thereto by Council agreed to.
For JAMES BOOTH, Cl'k, FRANCIS MANY. ..
On motion, ordered that said bill be now engrossed.
Mr. Robinson, a member of Assembly, was admitted and de- livered the following reports from the Auditor, agreed to by that House, viz:
The Auditor of Accounts having, as State Commissioner, transmitted to the office of the Commissioner of Army Accounts of the United States the accounts of sundry officers employed in the recruiting service during the late war, has received from the said office statements of several of their accounts, none of which are in a condition to be acted upon, except Captain Peter Jac- quet's, which is sent herewith, and thereupon he begs leave to make the following report:
That, charging Capt. Peter Jacquet with the money
.$ 260 00 he received from Col. Hall in January, 1777, .
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THE DELAWARE STATE, 1792.
Also with money he received from Geo. Read, Esq., in May, 1777, $ 780 00 And with the specie value of $1,000 he received from
Col. Hall in June, 1778, . 354 80 There remains due to him, in specie, the sum of $153 : 18 : 4, equal to 410 40
$1,805 30
Equal to the credit given this State by the United States.
Dover, January 26th, 1792. ELEAZER McCOMB.
The Auditor of Accounts, to whom was referred two petitions of George Evans, of New Castle County, begs leave to report:
With respect to the first petition, dated January 2d, 1792, that at the time allowances were made to the lieutenants and sub-lieu- tenants of Kent and Sussex Counties, it was alleged, by one or more of the members of the General Assembly from New Castle County, that those officers for that county would not exhibit any charge for their service, but would be contented with the Militia fines they had received, or were to receive, under the law. This the Auditor took for granted, as no account appeared of any money paid by them, on account of fines, to the State Treasurer; and although the declaration of these gentlemen doth not pre- clude the demand, the Auditor is of opinion that no allowance whatever ought to be made to the lieutenant or sub-lieutenants of New Castle County for their services until the Militia fines re- ceived by them are duly accounted for.
With respect to the second petition, dated January 4th, 1792, the Auditor is of opinion, that as Francis Wade was an officer of the United States, and not accountable to this State for his conduct in the transaction of his business, any just demand which Mr. Evans may have against him, as an officer of the United States, should be exhibited to Congress.
The Auditor begs leave further to mention that the said Geo. Evans, acting as Commissary under the appointment and orders of the President and Privy Council of this State, sold and dis- posed of a number of cattle, &c., to a considerable amount, in the month of November, 1777, of the sales of which no account hath yet been rendered; but a list of outstanding debts, amount-
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ing to £693 : 14 : 9, hath been returned by him into the Audi- tor's office, and, by his own confession, there remains in his hands upwards of one thousand pounds, of Continental money, received on account of said property sold.
The Auditor, having heretofore called upon Mr. Evans, by summons, to appear in his office and settle his accounts, on .his neglecting so to do, caused a suit to be instituted against him in the Court of Common Pleas of New Castle County, which is still depending; and the Auditor is of opinion that Mr. Evans ought to collect the debts he has returned outstanding and ac- count for what he has received, or may receive, and what may have been lost through his neglect.
Dover, January 19th, 1792. ELEAZER McCOMB.
The Auditor of Accounts begs leave to report that there is due:
To James Adams, for printing the Votes and Pro- ceedings of the House of Assembly at the sessions
of January, 1791, 14 sheets, @@ 28s., . . 619 12 O And for printing the Votes and Proceed-
ings of the sessions of October, 1791, 31/2 sheets, (@ 28s., 4 18 0
£24 10 0
To Frederick Craig & Co., for printing the Laws of the January session, con- taining 9!2 sheets, (@ 305.,
14 50
To Brynberg & Andrews, for publishing in the Delaware Gazette the resolutions of the General Assembly respecting a convention, 5 1 10 0
For printing the Votes and Proceedings of the House of Assembly at the ses- sions of September, 1791, 3 sheets, @ 28s., And for printing the Laws passed at the session of October, 1791, 13% sheets, (@) 30S., 2 5 0
4 40
7 19 0
£46 14 0
Dover, January 24th, 1792.
ELEAZER McCOMB.
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THE DELAWARE STATE, 1792.
The Auditor of Accounts begs leave to report that there is due:
To James Adams, for printing the Votes and Pro- ceedings of the House of Assembly at the session of January, 1791, containing 14 sheets, @ 28s., £19 12 0
And for printing the Votes and Proceed- ings of the session of October, 1791, 31/2 sheets, (@ 28s., 4. 18 0 - £24 10 0
To Frederick Craig & Co., for printing the Laws of the January session, 1791, containing 9% sheets, ( 30S., 14 5 0
To Brynberg & Andrews, for printing the Votes and Proceedings of the House of Assembly at the session of September, 1791, 3 sheets, @ 28s., £ 4 40
And for printing the Laws passed at the session of Oct., 1791, 1% sheets (@) 30S., 2 5 0
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£45 4 0
Dover, January 24th, 1792. ELEAZER McCOMB.
Mr. Robinson also delivered a paper containing as follows, viz:
IN THE HOUSE OF ASSEMBLY, A. M., February 3d, 1792.
The several reports of the Auditor, sent herewith, are agreed to, and sent to Council for concurrence.
For JAMES BOOTH, CU'k, FRANCIS MANY.
On motion, the Auditor's reports were read and committed to Mr. Raymond and Mr. Alexander, to report thereon.
On motion, the bill entitled "An additional supplement to the additional supplement to the supplement of an act entitled 'An act to prevent the exportation of slaves, and for other purposes,' " was committed to Mr. Cooper and Mr. Raymond, to report thereon.
Council adjourned to 3 o'clock this afternoon.
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FRIDAY, February 3d, 1792, P. M.
Council assembled.
Mr. Cooper, one of the committee to whom was referred the bill entitled "An additional supplement to the additional supple- ment to the supplement of an act entitled 'An act to prevent the exportation of slaves,' " requested to be excused from reporting on said bill, and asked leave to lay the same on the table. Leave was granted him accordingly.
Mr. Barker, a member of Assembly, was admitted and deliv- ered the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, A. M., February 3d, 1792.
Resolved, That the Commissioners of the Court House in the Town of Dover shall be allowed to draw upon the State Trea- surer for the sum of five hundred and fifty pounds, out of the monies that shall come into his hands of the arrearage taxes, for the use of the said Court House, to finish the rooms appro- priated for the use of the General Assembly of this State by law.
Sent for concurrence. For JAMES BOOTH, CU'k, FRANCIS MANY.
Which, on motion, was read.
The committee to whom was referred the Auditor's reports, presented their report, which was agreed to.
On motion, the Auditor's report respecting the claim of Geo. Evans, dated the 19th January, 1792; his report respecting the sum due to Capt. Peter Jacquet, dated 26th January, 1792, and his report respecting the sums due to the printers, amounting to £45 :4 : 0, dated the 24th January, 1792, was read, considered and agreed to.
On motion, the Auditor's report respecting the sums due to the printers, amounting to 646 : 14 : 0, dated the 24th January, 1792, was read and rejected.
On motion, the bill entitled "An additional supplement to the additional supplement to the supplement of an act entitled 'An
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THE DELAWARE STATE, 1792.
act to prevent the exportation of slaves, and for other pur- poses,' " was read a second time.
Mr. McKennan, a member of Assembly, was admitted and delivered the following resolution:
IN THE HOUSE OF ASSEMBLY, February 3d, 1792.
Resolved, That it is the intention of this House to conclude the present session to-morrow evening.
For JAMES BOOTH, CU'k, FRANCIS MANY.
Which, by order, was read.
Mr. Draper, a member of the House of Assembly, was admit- ted and presented the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, February 3d, 1792.
Resolved, That the incidental expenses of the Convention of this State that have or may accrue, which are not provided for by the resolution of September last, be now provided for, and that the President of said Convention be empowered to draw upon the State Treasurer an order or orders for the discharge of such expenses, at such time or times as he shall conceive necessary, so that such order or orders be approved of by said Convention.
Extract from the minutes. For JAMES BOOTH, CU'k, FRANCIS MANY.
Sent for concurrence.
Which was, on motion, read.
A petition, signed by sundry inhabitants of New Castle Coun- ty, and the following petition and address of Warner Mifflin, was presented to the Chair, and, by order, read, viz :*
The committee to whom was referred the report of the joint committee on the subject of finance, reported a bill entitled "An act for expediting the collection of arrearage taxes, and for other purposes;" which was, on motion, read.
On motion, by special order, the said bill was read a second time by paragraphs and passed Council.
* Not recorded.
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Ordered, That Mr. Alexander wait on the House of Assem- bly and deliver said bill for their concurrence, and return the Auditor's report, as acted upon by Council; which he did ac- cordingly.
Adjourned to 10 o'clock to-morrow.
SATURDAY, February 4th, 1792, A. M.
Council assembled. Present as yesterday.
The committee to whom was referred the bill entitled "An ad- ditional supplement to an act entitled 'An act for the limitation of actions and proving accounts against the estates of persons dying within this State,' " reported said bill with sundry amend- ments.
On motion, said bill was read a second time, by special order, by paragraphs, and sundry amendments being proposed and agreed to, passed Council.
Ordered, That Mr. Raymond wait on the House of Assembly with said bill and proposed amendments, for their concurrence; which he did accordingly.
Mr. Truitt, a member of Assembly, was admitted and returned an act entitled "An act to authorize Ann Ridgely and Nicholas Ridgely, the executors of Charles Ridgely, Esq., deceased, to convey unto Daniel Mifflin a certain parcel of land situate in Murderkill Hundred, Kent County," concurred in and passed by the House of Assembly.
Ordered that the said bill be now engrossed.
On motion, the resolution of the House of Assembly, appro- priating the sum of £550 to the use of the Court House in Dover, was read and disagreed to.
Ordered, That Mr. Cooper wait on the House of Assembly and return said resolution; which he did accordingly.
Adjourned to 3 o'clock this afternoon.
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THE DELAWARE STATE, I792.
SATURDAY, February 4th, 1792, P. M.
Council assembled.
Mr. Batson, a member of Assembly, was admitted. and re- turned the bill entitled "An act for expediting the collection of arrearage taxes, and other purposes," concurred in and passed by the House of Assembly,
Ordered that said bill be now engrossed.
Mr. McKennan, a member of Assembly, was admitted and delivered a bill entitled "An act for the appropriation of the sum of five hundred and fifty pounds toward finishing the chambers in the Court House of Kent County, for the use of the Legisla- ture, and for other purposes," passed by the House of Assembly and sent for concurrence. Which was, on motion, read.
Mr. McKennan also delivered the following report from the Auditor, which was agreed to by the House of Assembly and sent for concurrence, viz :
The Auditor of Accounts begs leave to report: That Andrew Barratt, Esq., late High Sheriff of Kent County, hath exhibited an account ---
For attending the High Court of Errors and Ap- peals, 14 days, at different sessions, from October,
1788, to June, 1791, inchisive, at 7 : 6 per diem, . £ 5 50 Summoning the members of the General Assembly
for Kent County, in June, 1789, and Sept., 1791, . 5 0 0 And for serving 10 summonses, issued by the Audi- tor in behalf of the State, in 1789, 2 10 0
£12 15 0
Which the Auditor is of opinion ought to be allowed and passed to the credit of his account. ELEAZER McCOMB.
Dover, February 3d, 1792.
" In the House of Assembly, 4th February, 1792: Agreed to." For JAMES BOOTH, CU'k, F. MANY.
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On motion, the foregoing report was read, considered and agreed to.
Mr. Truitt, a member of Assembly, was admitted and deliv- ered the following report from the Auditor, viz:
The Auditor of Accounts, to whom was referred an account exhibited by the executors of John Gordon, Esquire, deceased, having considered the same, begs leave to report: That there is due to his estate, for public services and expenses incurred by him in the execution of the laws, for which his account ought to be credited, the following sums, viz:
For sending David Harper to Sussex County to at- tend the sales of George Bacon's land, £ I 2 6 29 days attendance at the sales of property belonging to sundry delinquent collectors of Sussex County, at different times, including expenses, at 25s., 36.50 Expenses of printing advertisements and trouble of setting them up, . 0 17 6
The same expense and trouble a second time, 0 17 6
A deed of conveyance and acknowledging it, O 18 9 Expenses of advertising, O 7 6
Attending the Trustee of the Loan Office of Kent County, receiving and counting Continental money
from Kent and Sussex Counties, and funding the same, together with sundry certificates, I IO O
Expenses of printing Treasury notes, . 3 00
Issuing Treasury notes for 65248 : 9 : 8, at Ios. per hundred pounds, 26.49
£71
3 6
Dover, February 2d, 1792. ELEAZER McCOMB.
"In the House of Assembly, 4th February, 1792: Agreed to."
Sent for concurrence. For JAMES BOOTH, CU'k,
FRANCIS MANY.
On motion, the foregoing report was read, considered, and agreed to.
Mr. MeKennan, a member of Assembly, was admitted and presented the following resolution, viz:
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THE DELAWARE STATE, 1792.
IN THE HOUSE OF ASSEMBLY, February 4th, 1792.
Resolved, That Joseph Taylor, late Collector of the State Tax of Kent County, be allowed four per cent. for the collection of the State tax for the year 1785, on the final settlement of his ac- counts with the Auditor.
A true extract from the minutes.
For JAMES BOOTH, Cl'k. F. MANY.
On motion, the foregoing resolution was read, considered and agreed to.
On motion, the resolution of the House of Assembly, allowing James Delaplaine four per cent. for the collection of the State Tax or 1785, presented to Council for concurrence the 28th January, was read, considered, and agreed to. ·
On motion, the bill entitled "An act for the appropriation of the sum of five hundred and fifty pounds toward finishing the chambers in the Court House of Kent County, for the use of the Legislature, and for other purposes," was read a second time.
On motion to postpone said bill, it was determined in the affir- mative.
Mr. McKennan, a member of the House of Assembly, was admitted and presented the following resolution, together with the bills therein mentioned, signed by the Speaker of the House of Assembly, viz:
IN THE HOUSE OF ASSEMBLY, A. M., February 4th, 1792.
Resolved, That the President or Commander-in-Chief affix the Great Seal of this State to the following acts:
I. "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;"
2. "An act for enlarging the corporate powers of the Trustees of the New Castle Commons;"
3. "An act to enable the owners and possessors of a certain 1 58
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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;"
4. "An act for enabling Elisha Dickerson to erect a mill-dam across the head of the waters of Indian River, near a place called Rock Hole, in Indian River Hundred and Sussex County, and for the condemnation of a small piece of fast land, on the south side of said waters, for the use of a grist and saw-mill, with a log yard;"
5. "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;"
6. "An act to prevent swine running at large in the village of Camden and certain bounds and limits therein prescribed;"
7. "An additional supplement to an act for the limitation of actions and proving accounts against the estate of persons dying within this State."
Ordered, That Mr. McKennan deliver to Council a copy of the above resolution, for their concurrence, and also the bills therein mentioned, in order that they may be signed by the Speaker of that House.
For JAMES BOOTH, CU'k, FRANCIS MANY.
On motion,
Ordered, That the above mentioned bills be now signed by the Speaker of Council; which was done accordingly.
On motion,
Ordered, That the Speaker do now sign the following en- grossed bills; which he did accordingly, viz:
1. "An act for the more easy and speedy recovery of small debts;"
2. "A supplementary act to an act entitled 'An act for the better Relief of the Poor,' passed at Dover,. the twenty-ninth day of January, one thousand seven hundred and ninety-one;"
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3. "An act to authorize Ann Ridgely and Nicholas Ridgely, the executors of Charles Ridgely, Esq., deceased, to convey unto Daniel Mifflin a certain parcel of land situate in Murderkill Hun- dred, Kent County;"
4. "An act for expediting the collection of arrearage taxes, and other purposes."
Ordered, The Mr. Alex ader wah on the House of Assembly and deliver the above mentioned bills, in order that they may be signed by the Speaker of that House; which he did accordingly:
Council made the following allowances:
To the Honorable George Mitchell, Esq., Speaker, for 30 days' attendance and mileage, £ 29 10 0
To Nehemiah Tilton, Esq., for 35 days' attendance and mileage, .
23 10 0 To Archibald Alexander, Esq., for 28 days' attend- ance and mileage, 19 IO 0
To James Raymond, Esq., for 28 days' attendance and mileage, .
I7 7 0
To Isaac Cooper, Esq., for 30 days' attendance and mileage,
20 10 O
To Rhoads Shankland, Esq., for 21 days' attend- ance and mileage,
14 17 O To Charles Nixon, for 28 days' attendance and en- grossing,
29 I O
To Thomas Wild, for 32 days' attendance and charge of firewood, candles, &c.,
24 3 I
To John Clayton and George Cummins, Esquires, executors of John Gordon, Esq., for sundries furnished by him for the use of Council Cham- ber, IO
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£188 5 II12
On motion,
Resolved, That orders be drawn on the State Treasurer, and signed by the Speaker, for the above sums.
Whereupon orders were drawn and signed accordingly.
Adjourned to the 20th October next.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
SPECIAL SESSION, MAY, 1792.
TUESDAY, May the ist, 1792.
Council assembled. A quorum not attending, adjourned to Wednesday, the 2d May, 1792, A. M.
WEDNESDAY, the 2d May, 1792, A. M.
Council assembled. Present, the Honorable George Mitchell, Esq., Speaker ; Mr. Tilton, Mr. Raymond, Mr. Shankland, and Mr. Cooper.
Council adjourned to 3 o'clock this afternoon.
WEDNESDAY, the 2d May, 1792, P. M.
Council assembled.
On motion, Ordered, That Mr. Raymond wait on the House of Assembly with the following engrossed bills passed the last session, together with the originals, for the reexamination and
АГАТа 3880АЛИ, ДЕРГаБАРИНОВ
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inspection of that House previous to entering into a resolution for affixing the Great Seal to said bills, viz:
I. "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;"
2. "An act for enabling Elisha Dickerson to erect a mill-dam across the head of the waters of Indian River, near a place called Rock Hole, in Indian River Hundred and Sussex County, and for the condemnation of a small piece of fast land, on the south side of said waters, for the use of a grist and saw-mill, with a log yard;"
3. . "An act to vest certain parts of the estate of William Clark, deceased, which by reason of alienage in the devisce had de- volved to the Delaware State, in William Clark Frazer, an infant;"
4. "An act to prevent swine running at large in the village of Camden, and certain bounds and limits therein prescribed;"
5. "An additional supplement to an act entitled 'An act for the limitation of actions and proving accounts against the estates of persons dying within this State.' "
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