USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 4
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'Adjourned till to-morrow morning at 10 o'clock.
SATURDAY, January 26th, 1782.
The Council met and adjourned till 3 o'clock, P. M.
EODEM DIE, P. M. :
The Council met.
On motion, by order, the bill entitled "A supplement to the act entitled 'An act for regulating and establishing fees,'" and the amendment proposed thereto by the House of Assembly, were read the second time, and an amendment was proposed by the Council to the said amendment offered by the House of As- sembly.
Ordered, That the foregoing amendment be transcribed and sent, for concurrence, to the House of Assembly, with the said bill and amendment proposed by that House, by Mr. McDon- ough ;
Who, being returned, reported the delivery thereof according to order.
Adjourned till Monday morning at 10 o'clock.
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MONDAY, January 28th, 1782.
The Council met and adjourned till to-morrow.
TUESDAY, A. M., January 29th, 1782.
The Council met. Present all the members, except Mr. Con- well and Mr. John Polk.
Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair the bill entitled "A supplement to the act enti- tled "An act for regulating and establishing fees,'" with their amendment, and also the amendment proposed by the Council to the said bill rejected by the House of Assembly.
The Council took the foregoing amendments into considera- tion, and agreed to the amendment proposed by the House of Assembly, and receded from their own amendment proposed.
Ordered, That the said bill be engrossed.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
On motion, by order, the foregoing bill, being engrossed, was read, compared, and ordered to be sent to the House of Assem- bly, by Mr. Hyatt, for comparison, and to be signed by the Speaker of that House, together with the original bill and the several papers of amendments proposed thereto.
Ordered also, That Mr. Hyatt deliver to the House of Assem- bly the President's message and its inclosures.
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THE DELAWARE STATE, 1782.
Mr. Hyatt, being returned, reported the delivery thereof ac- cording to order.
Adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, January 30th, 1782.
The Council met. Present the same members as on yesterday. Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Charles Polk, a member of Assembly, was admitted and delivered to the Chair a bill entitled "An act for the protection of the trade of this State on the River and Bay of Delaware."
The same member also delivered to the Chair an act of Con- gress of the 11th December, 1781, recommending to the Legis- latures of the several States to cause to be taken the number of white inhabitants thereof, together with a resolution of the House of Assembly to ascertain the number of white inhabitants within this State.
On motion, by order, the foregoing bill was read the first time.
On motion, by order, the foregoing act of Congress, and the resolution of the House of Assembly to ascertain the number of white inhabitants within this State, founded thereon, were sever- ally read the first time.
Adjourned till to-morrow morning at 10 o'clock.
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THURSDAY, A. M., January 31st, 1782.
The Council met. Present the same members as on yesterday. On motion, by order,
The bill for the protection of the trade of this State on the River and Bay of Delaware, was read the second time and post- poned for consideration till the afternoon.
On motion, by order,
The resolution of the House of Assembly to ascertain the num- ber of white inhabitants within this State, was read the second time and concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "WEDNESDAY, January 30, 1782.
"On mnotion,
"Resolved, That the several Collectors of the public Taxes in "each Hundred of the respective Counties within this State do, "by the best ways and means in their power, inform themselves "of the number of all white persons within their respective hun- "dreds, and return an exact list thereof, on oath or affirmation "and under their hands, to the General Assembly at their next "meeting, distinguishing therein the number of each sex, male "and female, of the age of eighteen years and upwards, and the "number of each sex under that age.
" That the General Assembly will make provision for the pay- "ment of the Collectors for the service aforesaid.
" Extract from the minutes. JAS. BOOTH,
"Sent for concurrence.
Cl'k of Assembly."
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
On motion, by order, the bill for the protection of the trade of this State on the River and Bay of Delaware, was read a third time, by paragraphs, and will pass.
Ordered, That Mr. William Polk return the same to the House of Assembly, together with the resolutions of that House to as- certain the number of white persons within this State, concurred in by the Council, and the act of Congress of the 11th December 1781, accompanying the same.
Mr. Polk reported the delivery thereof according to order.
Adjourned till to-morrow morning.
FRIDAY, February 1, 1782.
The Council met. Present the same members as on yesterday. Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a message from the President to the General Assem- bly, of the 28th ultimo.
The same member also delivered to the Chair certain resolu- tions of the House of Assembly for accelerating the recruiting 89
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service, together with certain papers and a letter from Captain James Moore relative to that service.
Mr. Bassett, a member of Assembly, was admitted and deliv- ered to the Chair a bill to remedy the defects that have arisen in the execution of an act of Assembly entitled "An act for em- bodying a number of the Militia of this State for the purpose of reinforcing the Army of the United States," together with the report of the committee of the House of Assembly on the act for embodying a number of the Militia, &c.
On motion, by order,
The President's message was read the first time, and is as fol- lows, viz :
"Gentlemen of the General Assembly :
"My duty obliges me to represent to you, that part of the "ordinance of Congress, dated the fourth day of December last, "concerning captures, is likely to prove particularly and extreme- "ly detrimental to this State. Upon recaptures not made until "the expiration of twenty-four hours after the capture, there is "to be no restitution of any part. This regulation was adopted "by Congress, I believe, for the purpose of conforming therein "to the practice of other nations. So far it may be proper. "But I apprehend there ought to be a distinction made between "captures in common cases, and captures of vessels employed "in the coast trade, for the sole purpose of carrying the produce "of the country to market within the country, and always navi- "gating between lands on each side, without ever passing into "the open sea. The capture of such vessels is almost always "made within cannon shot of the shore, frequently within the "body of a county. They generally continue in or near the "the places where they are taken for upwards of twenty-four "hours, and, in every instance that has come to my knowledge, "the recapture has been made by citizens of some of the United "States. I therefore think, that with strict propriety, such re- "captures should be put upon the same footing with recaptures "of property originally captured on land, which is to be restored "to the former owner upon payment of a reasonable salvage, "not exceeding one-fourth of the value ; no regard being had to " the time of possession by the enemy. 1
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"If the present regulation continues in force, the damage to "this State must be exceedingly great, if not irretrievable, during "the war. We have but very few shallops left, and the difficulty "of procuring more is well known. If the property of those "that remain is to be divested in the manner. above mentioned, "it is highly probable that in a short time we shall not have a "shallop belonging to any citizen of this State. Of consequence, "we shall not be able to send our produce to market.
" If this matter appears in the same light to you that it does to "me, I hope it will be judged advisable to instruct the Delegates "of this State to use their utmost endeavors to obtain imme- "diately an alteration of the ordinance in this particular.
"The law for prohibiting persons from trading with the enemy, "requires many amendments. I am informed that sometimes " vessels are loaded, and lie in harbor, or sail under such suspi- "cious circumstances, as denote an intention of falling into the "hands of the enemy by collusion. I sincerely wish the wisdom "of the Legislature may devise the most effectual means for pre- "venting or punishing such conduct, as also the practice of go- "ing to boats or vessels in the bay or river, and corresponding " with the enemy, without legal authority.
"The Secretary will lay before you several letters, dated De- "cember the 24th and January the 3d and roth, and a report of "Captain Moore's proceedings in the recruiting service, with "some observations on that subject.
· "It does not appear that power has been expressly given to "me to appoint a person in Mr. Montgomery's place on his "resignation. "I understand that great delay, in settling the "accounts, has been occasioned by the distance at which the "Commissioners reside from one another. I therefore beg leave "to submit to your consideration, whether it may not be best, in "filling up the vacancy, to appoint some person living nigh to "Mr. McComb, as there will then be two Commissioners near "the centre of the State.
"The Secretary will also lay before you a copy of the instruc- "tions to the commander of the State schooner, and his letter to "me of the 14th of December. A former letter, therein referred "to, never came to my hand. The diligence, activity, bravery, "and good conduct of this worthy officer, deserve great praise.
"JOHN DICKINSON.
"Dover, January 28, 1782."
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Mr. Latimer, a member of Assembly, was admitted and deliv- ered to the Chair the act for more effectually punishing and dis- couraging offences committed in taking vessels out of the harbors of this State, together with a paper of amendments proposed thereto by the House of Assembly ; which were read, considered and agreed to.
Ordered that the said bill be engrossed.
Adjourned till to-morrow morning at 10 o'clock.
SATURDAY, A. M., February 2d, 1782.
The Council met. Present the same members as on yesterday. On motion, by order,
The bill for punishing and discouraging offences committed in taking vessels out of the harbor of this State, being engrossed, was read and compared, and ordered to be sent to the House of Assembly for comparison, and to be signed by the Speaker of that House.
On motion, by order,
The resolutions of the House of Assembly for accelerating the recruiting service, were read the second time, and an amendment was proposed and agreed to.
On motion, by order,
The bill entitled "An act to remedy defects that have arisen in the execution of an act of Assembly entitled 'An act for embody- ing a number of Militia of this State for the purpose of reinforc- ing the Army of the United States,'" was read a second time, and an amendment was proposed and agreed to, and ordered to be transcribed.
Ordered; That the said bill and transcribed amendment; the resolutions for accelerating the recruiting service, with its trans-
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THE DELAWARE STATE, 1782. 709
cribed amendment; the President's message and Capt. Moore's letter and papers relative to the recruiting service, be sent to the House of Assembly by Mr. McDonough ; who is also ap- pointed to deliver the bill for more effectually punishing and dis- couraging offences committed in taking vessels out of the harbors of this State, to the House of Assembly.
Mr. Collings, a member of Assembly, was admitted and de- livered to the Chair a bill entitled "An act to increase the powers of the Justices of the Supreme Court, and for other purposes ;" which, by order, was read the first time.
Mr. McDonough now reported the delivery of the papers com- mitted to him.
Mr. Charles Polk, a member of Assembly, was admitted and delivered to the Chair the following verbal message from the House of Assembly to the Council, viz :.
"Gentlemen :
"The House of Assembly propose to your honorable body "that both Houses meet in the Council Chamber, at 3 o'clock " this afternoon, to put in nomination persons to be balloted for "as Delegates to represent this State in the Congress of the "United States for the present year.
"Dover, Feb. 2, 1782." -
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
The Council took into consideration the verbal message from the House of Assembly delivered in the forenoon, and thereupon
Resolved, That the following answer to the same be sent to the House of Assembly, viz :
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Gentlemen :
The Council assent to your proposal contained in your verbal message, and will be ready to receive your honorable House at three o'clock this afternoon.
Dover, Feb. 2d, 1782.
Ordered, That Mr. Grantham deliver the same to the House of Assembly.
Mr. Grantham reported the delivery thereof according to order.
The House of Assembly met the Council, in the Council Cham- ber, agreeable to the order of the day, to put into nomination per- sons to be balloted for as Delegates to represent this State in the Congress of the United States for the present year, when several persons were nominated, whose names were taken down for the consideration of the members.
On motion,
Resolved, That four persons be elected to represent this State in the Congress of the United States for the present year.
Then the General Assembly proceeded to the ballot, and upon examining the box containing the ballots, it appeared that Phile- mon Dickinson, Thomas Mckean, Cæsar Rodney, and Samuel Wharton, Esquires, were declared duly elected Delegates from this State to the Congress of the United States for the present year.
Resolved, That the General Assembly now separate.
Then the House of Assembly withdrew.
On motion, by order,
The bill entitled "An act to increase the powers of the Justices of the Supreme Court, and for other purposes," was read a second time.
On motion of Mr. William Polk, for leave of absence until 12 o'clock on Monday next, the same was granted to him.
Adjourned till Monday morning at 10 o'clock.
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THE DELAWARE STATE, 1782.
MONDAY, A. M., February 4, 1782.
The Council met. Present all the members as on Saturday, except Mr. John Polk.
Mr. Peery, a member of Assembly, was admitted and deliv- ered to the Chair the bill for establishing a Militia within this State, with a paper of amendments proposed thereto; which were read, considered and agreed to, except as to their sixth, twelfth and thirteenth amendments.
Ordered, That Mr. Baning deliver the said bill and paper of amendments to the House of Assembly.
On motion, by order,
The bill entitled "An act to increase the powers of the Jus- tices of the Supreme Court, and for other purposes," was read a third time, by paragraphs, and some amendments were pro- posed, agreed to, and ordered to be transcribed and sent there- with to the House of Assembly, for their consideration and con- currence, by Mr. Cook.
Adjourned till 3 o'clock, P. M.
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EODEM DIE, P. M.
The Council met.
Mr. Baning now reported the delivery of the several papers committed to him, according to order.
Mr. Barratt, a member of Assembly, was admitted and deliv- ered to the Chair a copy of a letter from Alexander Hamilton, Esquire, (Aid-de-Camp) dated at Headquarters, Middle Brook, April 20th, 1779, and addressed to the commanding officer of the Delaware Regiment, inclosing an act of Congress of the 16th December, 1778, for annexing Capt. McLane's company to the
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Delaware Regiment ; and also a resolution of the General As- sembly of the Ist June, 1779, annexing Capt. McLane's company to the Delaware Regiment, together with certain resolutions of the General Assembly, dated October 31, 1780, empowering the State Treasurer to purchase a sum of money, in specie, for the benefit of the officers of the Delaware Regiment who were made prisoners on Long Island, &c .; and also a certificate, under the hand and seal of General Washington, dated the 31st December, 1781, together with a memorial of Allen McLane, dated January 30, 1782, founded thercon.
The same member also delivered to the Chair an act of Con- gress of June 13, 1781, respecting the officers of the Hospital and Medical Department, together with a bill entitled "An act for ascertaining the depreciation of the pay accounts of divers persons in the several departments of the army who are credited to this State as part of the quota of the land forces thereof, and for other purposes."
On motion, by order, the foregoing bill, and the several fore- going papers accompanying the same and delivered therewith, were read the first time.
Mr. Cook now reported the delivery of the several papers committed to him, according to order.
Mr. Read, a member of Assembly, was admitted and delivered to the Chair the resolutions for accelerating the recruiting service, with the amendment proposed thereto by the Council acceded to by the House of Assembly.
The same member also delivered to the Chair the bill for estab- lishing a Militia within this State, with the first amendments pro- posed thereto by the House of Assembly and a paper of additional amendments proposed to the said amendments.
The Council took the said amendments into consideration, re- ceded from such of the amendments of the House of Assembly as they had before disagreed to, and agreed to the additional amendments proposed by that House.
Ordered that the said bill be engrossed.
Mr. Peery, a member of Assembly, was admitted and deliv-
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THE DELAWARE STATE, 1782.
ered to the Chair certain instructions to the Delegates of this State in Congress.
On motion, by order, the foregoing instructions were read the first time.
Adjourned till to-morrow morning at 10 o'clock.
TUESDAY, A. M., February 5, 1782.
The Council met. Present the same members as on yesterday. On motion, by order,
The resolutions for accelerating the recruiting service, were read, as amended, concurred in, and are as follows, viz :
"The committee to whom was referred Capt. James Moore's "letter respecting the recruiting service, addressed to the Presi- "dent and by him laid before the Assembly, report it as their "opinion that resolutions of the following import be added to "those passed the 13th of November last for recruiting the Dela- "ware Regiment :
"Ist. That it be recommended to the President or Com -. "mander-in-Chief of this State to appoint one fit person in each "County of this State to muster the men enlisted to serve as "soldiers in the Delaware Regiment under the regulations pre- "scribed in the resolutions of the said 13th of November last.
" 2d. That Capt. James Moore be allowed to retain three "shillings per diem in lieu of his rations, out of the monies which "may come into his hands for the recruiting service, so long as "he shall be employed therein.
" 3d. That Captain Moore, with the approbation of the Pre- "sident, be authorized to issue orders for rations to such of the "wives of sergeants and old soldiers of the Delaware Regiment "as are within this State, in want of such support, until the "General Assembly shall take further order therein.
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" 4th. That the President or Commander-in-Chief of the State "be authorized to draw orders upon the State Treasurer for such "further sums of money as he shall judge necessary, from time "to time, for the said recruiting business, not exceeding the ad- " ditional sum of nine hundred pounds.
" 5th. That Col. Tilton, of Kent County, and Major Polk of "Sussex County, be authorized to pay unto Capt. Moore, upon the "orders of the President, such sums of specie money, as are or "may be come to their hands, respectively, as recruiting officers "for those two counties, under the act of Assembly entitled 'An "act to recruit the Regiment of this State now in the service "of the United States,' passed at New Castle, on the 12th day "of February last, and that such orders, with receipts thereon, "shall be allowed to them in their accounts with the General As- " sembly.
"6th. That Capt. Moore be authorized to pay, 'out of the "monies which he shall receive, as aforesaid, the sum of three "pounds, in specie, to any person or persons taking up and de- "livering to him a deserter belonging to the Delaware Regiment, "together with six pence a mile for each mile between the place "in which he may be taken and to which he may be conveyed for "delivery, as aforesaid.
, "7th. That Capt. Moore apply to the Clothier-General of the "United States for such articles of clothing as are or may be "necessary and wanting, as well for the old soldiers of the Dela- "ware Regiment, now in the State, as for the new levies there- · of.
" 8th. That Capt. Moore be accountable to the General As- "sembly for all such sums of money as shall come into his "hands, in pursuance of the foregoing resolutions, and that he "make monthly returns to the President of his proceedings in " the business aforesaid.
"9th. That it be recommended to the President to order "some of the officers of the Delaware Regiment, now in the "State, and who are under orders to join their regiment, to take "under their command and march off such of the old soldiers, "aforesaid, and the new levies, as may not be necessary to fur- "ther the recruiting service, and to proceed with the utmost ex- "pedition to the Regiment in the Southern Army, under Gen- "eral Greene.
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THE DELAWARE STATE, 1782.
"roth. That in case of the death or other disability of the "said Capt. James Moore, to superintend the recruiting service, "and to perform other the duties prescribed to him, as well by "the several foregoing resolutions as by the said resolves of the "13th of November last, the President or Commander-in-Chief "of this State appoint some other fit person to the same service ; "and that every person or persons, so appointed, shall have and "exercise all the powers and duties in the said resolutions res- "pectively prescribed and given to the said Capt. James Moore.
" Sent for concurrence.
"SIMON KOLLOCK, Speaker."
On motion, by order,
The instructions to the Delegates of this State in Congress were read the second time, considered and concurred in,. and follow in these words, viz :
"IN THE HOUSE OF ASSEMBLY, " MONDAY, February 4th, 1782.
"Instructions from the General Assembly of the Delaware "State to the Honorable Thomas Mckean, Philemon Dickin- "son, Cæsar Rodney, and Samuel Wharton, Esquires, Dele- "gates from the said State to the Congress of the United States "of America : ..
"Gentlemen :
" The affairs that will engage your attention as Delegates of "this State in Congress are so various and complicated that it is "impossible at this time to point out with precision the conduct "you ought to observe in conducting them.
"We expect that you will form such agreements among your- "selves, respecting your attendance, that this State will always "be regularly represented in Congress, and we desire that you "may, with the greatest diligence, strenuously promote all such "measures as, upon mature deliberation, you shall judge most ".efficacious for maintaining and securing the freedom, indepen- "dence and happiness of the United States in general, and of "this State in particular.
" You will perceive by the resolutions of the Legislative Coun-
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"cil, and of the House of Assembly, dated the 23d and 28th of "January, 1779, of which a copy is herewith transmitted to you, "the objections made by this State to some articles of the Con- "federation. They appear to us to be well founded, and we "wish you would act conformably to them, and endeavor to pro- "cure an amendment of the Confederation in those particulars ; "but we especially require that you will employ your most in- "dustrious exertions for obtaining, without any delay whatever, "a final settlement of the boundaries of those States whose "claims are immoderate, and of the rights of the United States "on the principles of the resolutions, an adherence to which is "so plainly consistent with justice and so indispensably essential "to the peace and welfare of the Union. This business we judge "to be of the first magnitude, as deeply interesting to us and our "posterity, and for very strong reasons we are clearly of opinion "that no time should be lost in bringing it to a conclusion.
"It is probable that the property of the islands in the Dela- "ware may be considered as connected with this subject. We "desire that you will attend also to this point, and that you will "take care that due regard be had therein to the rights of this " State.
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