USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 5
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" Part of the ordinance of Congress, dated the 4th day of De- "cember last, concerning captures, is likely to prove extremely "and particularly detrimental to this State, without any necessity "urging our being subjected to such hardships. Upon recap- "tures, 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, we understand, for the "purpose of conforming to the practice of other nations. So "far it may be proper ; but we apprehend there ought to be "a distinction made between captures in common cases and "captures of vessels employed in the inland trade for the sole "purpose of carrying the produce of the country to markets " within the country and always navigating between and in sight " of lands on each side without ever passing into the open sea. "The capture of such vessels is almost always made within can- "non shot of the shore infra presidia of the State, frequently "within the body of a county ; they generally continue in or "near the places where they are taken for upwards of twenty- "four hours after, and in every instance that has come to "to our knowledge the recapture has been made by citizens of
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"some of the United States. We therefore think, that with the "strictest propriety such recaptures should be put upon the same "footing with recaptures of property originally captured upon "land, which, by the same ordinance, is to be returned to the "former owner upon payment of a reasonable salvage, not ex- "ceeding one-fourth part of the value, no regard being had to "the time of possession by the enemy. If the present regulation "continues in force, the damage to this State must be exceeding- "ly great, if not irretrievable, during the war. We have but very " few shallops left, and the difficulty of procuring more is too well "known. If the property of those that remain is to be divested "in the manner before mentioned, it is highly probable that in a "short time there will not be a vessel belonging to an inhabitant "of this State. Of consequence, we shall not be able to send our "produce to market, and it then becomes utterly impossible for "us to furnish our quota of supplies, which, indeed, is nearly "the case already, from the almost continual interruption of our "commerce by armed vessels from New York. For these rea- "sons we earnestly desire that you will use all the means in your "power to obtain immediately an alteration of the ordinance in "this particular.
"Lastly, we expect and desire, that if any particular doubts or "difficulties present themselves to your minds on questions of "great moment, agitated, or likely to be soon agitated, in Con- "gress, you will communicate them fully to the President of this "State, that he may be enabled to judge of the expediency of "convening the Legislature and taking their sense thereon for "your further direction.
"Signed by order of the House of Assembly, "SIMON KOLLOCK, Speaker.
"Sent for concurrence."
On motion, by order,
The bill 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, was read the second time, and an amendment is proposed, agreed to, and ordered to be trans- cribed.
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Ordered, That Mr. Cook deliver the said bill and transcribed amendment to the House of Assembly, together with the resolu- tions for accelerating the recruiting service, and the instructions to the Delegates in Congress, respectively concurred in by the Council.
Mr. Cook reported the delivery thereof according to order.
Adjourned to 4 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 petition from Jacob Vandegrift, in the County of New Castle, with a list of sundry forfeitures in the Court of Oyer and Terminer of Sussex County, and a resolution of the House of Assembly founded thereon, directing the Treasurers to demand the payment of fines and forfeitures.
On motion, by order, the foregoing papers were severally read the first time.
By special order, the foregoing resolution was read the second time and concurred in, and is in these words, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 4, 1782.
"WHEREAS by an act of the General Assembly entitled 'An "act for ascertaining the salaries and allowances to the officers "and persons herein mentioned employed in the Government of "this State, and for providing a fund for the payment thereof,' "passed the 22d February, 1777, it is enacted that all fines and "forfeitures accruing within this State shall belong to and be for "the use of the same, and shall be paid to the Treasurer of the "County where the fine shall be imposed or forfeiture happen ; "therefore
"Resolved, That the Treasurers of the several Counties of this
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"State are hereby directed to demand of the Sheriffs respectively "the payment of the fines and forfeitures which have or may "come into their hands, and on neglect or refusal of payment to " recover the same as the above-recited act directs, except in the "cases of Jacob Vandegrift, in the County of New Castle, and "his sureties, and Nathaniel Hynes and William Messick, in the "County of Sussex, and their sureties ; and that they return a "list of the monies they may so receive to the General Assembly "at every meeting thereof.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl' k of Assembly."
Ordered, That Mr. McDonough return the aforesaid resolu- tion, and the petition on which it is founded, to the House of Assembly, the delivery whereof Mr. McDonough reported, ac- cording to order.
On motion, by order,
The bill for establishing a Militia within this State, being en- grossed, was read and compared, and ordered to be delivered, by Mr. Hyatt, to the House of Assembly, for comparison and to be signed by the Speaker of that House.
Mr. Hyatt reported the delivery according to order.
Mr. Duff, a member of the House of Assembly, attending, was admitted and delivered to the Chair a letter, dated Dec. 27, 1781, from John Evans, Esq:, respecting his certificate for money lent the Convention of this State, in September, 1776 ; a letter from James Adams, representing his distress by reason of his not being paid his account for work done as printer for this State, together with a petition of Richard Janvier respecting the non- payment of his account for the expenses of part of the members of the House of Assembly in January, 1781, and a report of the Joint Committee of Accounts on the said letters and petition.
The same member also delivered to the Chair a letter from Thomas Salter respecting the schooner purchased for this State by Capt. Neil, with a resolution of the House of Assembly for the sale of the State Schooner Vigilant.
On motion, by order, the foregoing papers were severally read the first time.
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On motion, by order,
The resolution for the sale of the State Schooner Vigilant, was read the second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 4, 1782.
"WHEREAS the General Assembly of this State have made "provision for procuring a vessel more suitable for the purpose "of protecting the trade on the Bay and River of Delaware than "the one now belonging to the State ; therefore
"Resolved, That Charles Pope, Esq., be and he is hereby em- "powered and directed, with the approbation of the President "and Commander-in-Chief, to make sale of the State Schooner "Vigilant, her tackle, apparel and furniture, at public sale, or "otherwise, for the best price he can obtain for her, and the "money arising by such sale to apply in discharge of a specialty "from Col. Henry Neil to a certain Thomas Salter, of the City "of Philadelphia, given for the price of said Schooner Vigilant, "and the balance remaining in his hands, if any, to account for " with the General Assembly at their next sitting thereafter.
" That the General Assembly will make such allowance to the "said Col. Pope for transacting this business, on settlement of "his accounts, as to them shall appear reasonable and just.
"Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
On motion, by order,
The report of the Joint Committee of Accounts was read, con- sidered, and agreed to.
Ordered, That the said report, and letters therein referred to, and the foregoing resolution, with the concurrence of Council thereto, be returned, by Mr. Cook, to the House of Assembly ;
Who, being returned, reported the delivery according to order.
Mr. Duff, a member of Assembly, was admitted and delivered to the Chair the act to remedy defects, &c .; the supplement for regulating and establishing fees ; the bill to increase the powers of the Justices of the Supreme Court; the bill for the protection
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of the trade, &c .; the bill for punishing offences committed in taking vessels, &c .; the bill for ascertaining the depreciation of the pay accounts, &c .; and the act for establishing a Militia, &c., together with the several bills and amendments, and a resolu- tion of the House of Assembly for affixing the Great Seal thereto, &c.
The foregoing bills, severally signed by the Speaker of the House of Assembly, were read and compared, and ordered to be signed by the Speaker of the Council ; which was accordingly done.
On motion, by order,
The resolution for affixing the Great Seal to the foregoing laws . was read and concurred in, and is as follows, viz :
" IN THE HOUSE OF ASSEMBLY, "MONDAY, Feb. 4, 1782.
"On motion,
"Resolved, That the President and Commander-in-Chief affix
"the Great Seal of this State to the following laws, to wit :
I. "An act to remedy defects that have arisen in the exe- cution of an act of Assembly entitled 'An act for embodying a number of the Militia of this State for the purpose of reinforcing the Army of the United States ;' "
2. "A supplement to the act entitled 'An act for regulating and establishing fees ;'"
3. "An act to increase the powers of the Justices of the Su- preme Court, and for other purposes ;"'
4. "An act for the protection of the trade of this State on the Bay and River of Delaware ;"
5. "An act for ascertaining the depreciation of the pay ac- counts of divers persons in the several departments who are credited to this State as part of the quota of the land forces thereof, and for other purposes ;"
6. "An act for more effectually punishing and discouraging offences committed in taking vessels out of the harbors of this State ;"'
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MINUTES OF THE COUNCIL-1782.
7. "An act for establishing a Militia within this State."
"Extract from the minutes. JAS. BOOTH,
" Sent for concurrence. Cl'k of Assembly."
Ordered, That the foregoing bills and resolutions, respectively signed by the Speaker of the Council, be returned to the House of Assembly by Mr. McDonough ;
Who, being returned, reported the delivery thereof according to order. '
Adjourned till to-morrow morning at 8 o'clock.
WEDNESDAY, A. M., February 6th, 1782.
The Council met. Present the same members as on yesterday.
The Council now proceeded to the settlement of the per diem wages and mileage of the members and Clerk, and thereupon allowed the following accounts, viz :
To the Honorable Thomas Collins, Esq., 29 4 6
To Peter Hyatt, Esq.,
20 10 0
To Isaac Grantham, Esq.
22 .7 6
To Thomas MeDonough, Esq., 23
16 0
To John Cook, Esq .. 22 2 0
To John Bning, Esq., 21 0 0
To William Polk, Esq., 13 70
To. John Polk, Esq., 8 14 6
To Benjamin Vining, Clerk,
31 12 6
£ 192 14 0
Ordered, That the Speaker of the Council draw orders on the State Treasurer for the payment of the above mentioned sums.
Whereupon the said orders were accordingly drawn and signed by the Speaker.
Then the Council adjourned to the 27th day of May next, to meet at the Town of Dover.
1
MINUTES OF COUNCIL.
C
MAY, 1782.
J197 003 ПО 2НТUNIM
O.K,
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, MAY, 1782.
At a meeting of the Council, at the Town of Dover, in the County of Kent, by adjournment, on Monday, the 27th day of May, A. D. 1782, a sufficient number of the members to form an House not attending, the Council adjourned from day to day until Tuesday, the 11th day of June, 1782.
TUESDAY, June 11th, 1782.
The following members attended, viz :
For New Castle County-Peter Hyatt, Thomas McDonough, Isaac Grantham.
For Kent County-The Hon. Thomas Collins, John Baning, John Cook.
For Sussex County-William Polk.
Adjourned till 10 o'clock to-morrow.
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WEDNESDAY, A. M., June 12th, 1782.
The Council met. Present the same members as on yesterday. On motion, by order, the minutes of yesterday were read. Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met and adjourned till 10 o'clock to-morrow.
THURSDAY, June 13th, 1782.
The Council met. Present the same members as on yesterday. Adjourned till to-morrow morning at 10 o'clock.
FRIDAY, A. M., June 14, 1782.
The Council met. Present the same members as on yesterday.
Mr. Peery, a member of the House of Assembly, attending, was admitted and delivered to the Chair a message, addressed to the General Assembly, from his Excellency, the President, accompanied with the following verbal message from the House of Assembly to the Council relative thereto, viz :
THE DELAWARE STATE, 1782. 727
"VERBAL MESSAGE FROM THE ASSEMBLY TO THE COUNCIL.
"Gentlemen :
"The House of Assembly propose to your honorable body "that a conference of both Houses be held, in the Council "Chamber, half an hour hence, in order to receive the impor- "tant intelligence which his Excellency, the President, in his "message, now transmitted to you, desires to communicate per- "sonally.
"Friday, A. M."
On motion, by order,
The President's Message was read, and is in the following words, viz :
" Gentlemen of the General Assembly :
"I have lately received from a committee of Congress some "important intelligence of such a nature that I do not think my- "self at liberty to communicate it except it be personally.
" I therefore desire the honor of a conference with you while "sitting, or after the houses are risen, as may be most agreeable " to you.
"June 13, 1782.
JOHN DICKINSON."
The verbal message from the House of Assembly being con- sidered, the following answer thereto was drawn up and agreed to, viz :
Gentlemen :
The Council assent to the proposal contained in your verbal message, and will be ready to receive your honorable House at the time appointed.
Friday, A. M.
Ordered, That Mr. Baning wait on the House of Assembly with the same, and also return the President's Message.
Mr. Baning, being returned, reported the delivery thereof ac- cording to order.
The House of Assembly, agreeable to the order of the day,
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MINUTES OF THE COUNCIL OF
met the Council, in the Council Chamber, for the purpose ex- pressed in their verbal message.
Ordered, That Mr. Read, Mr. Vandyke, and Mr. McDonough be a committee to wait on his Excellency, the President, and ac- quaint him that the two Houses are now met, in the Council Chamber, and are ready to confer with him on the subject mat- ter of his message.
The committee, being returned, reported that they had waited on his Excellency, the President, and delivered the message committed to them, according to order, when his Excellency was pleased, in answer, to say that he would wait on the Gen- eral Assembly immediately.
The President attended in the Council Chamber, had a confer- ence with the General Assembly and communicated to them the important intelligence referred to in his message, and then with- drew.
Then the two Houses separated, and the Council adjourned till to-morrow morning at 10 o'clock.
SATURDAY, 'A. M., June 15, 1782.
The Council met. Present the same members as on yesterday, except Mr. Polk.
Mr. Vandyke, a member of the House of Assembly, attending, was admitted and delivered to the Chair a message from his Ex- cellency, the President, to the General Assembly, dated June 12, 1782, accompanied with divers acts of Congress, letters, and other papers, therein referred to.
On motion, by order, the foregoing message and papers were severally read, and the said message is in these words, viz :
"Gentlemen of the General Assembly :
"His most Christian majesty has given so many decisive "proofs of his friendship for the United States, and his subjects
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THE DELAWARE STATE, 1782.
" have manifested such a sincere esteem for us, that I am certain "you will learn, with all the pleasure of a grateful affection, that "the wishes of our beloved ally, and of France, have been grati- "fied by the birth of a dauphin.
"Your joy on this occasion must be enlivened by the honest "warmth which your hearts will feel, by expressing, in the pres- "ent situation of affairs, an inviolable adherence to the engage- "ments of your alliance and a just veneration for national faith.
" The late remarkable change in the British ministry, uniting a "great number of active, able and popular men in the same ad- "ministration, should in prudence add to the firmness and vigor "of our councils and proceedings.
"Our enemies ought to believe that our sole aim in this just "and necessary war is a safe and honorable peace ; and that such "a peace, in our unalterable determination, includes indepen- "dence and concert with our ally.
"There is, however, too much reason to be persuaded that "the present ministers mean no more than to alter their plan of "conducting the war, excite jealousies, disgusts and divisions be- "tween the powers concerned in it, and while they afford us a "temporizing relief from some of its distresses, bend their force "against our friends, and at last return to the accomplishment "of the original object-our destruction.
"In this manner, it seems, all the blessings that might be de- "rived from the present opportunity are to be sacrificed to the "phantoms of ambition and revenge.
"We may, by this renewed persecution, be convinced of these "important truths-that our past calamities ought not to be im- "puted to the late ministers, but that every party in the kingdom "is hostile, and the people in general filled with an inveterate "enmity against us.
"Thus, every pretension to the esteem or confidence of Ame- "rica being removed, we shall receive additional evidence, from "the extended and deep fixed resentments of Great Britain, "that France is our natural ally, and our mutual welfare so in- "timately connected, that whatever injures one nation must, in "its consequences, necessarily affect the other.
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"Gentlemen-The Secretary will lay before you acts of Con- "gress dated January 8th and 25th, February the 26th, and "May the 27th-letters from the Commander-in-Chief, of De- "cember the 19th, January the 22d, March the 5th and May "4th-from the Financier, of January the 3d and 8th, February "the 9th, March the 9th, April the 5th and May 9th-from the "Secretary of War, of April the 9th-from the Secretary for "Foreign Affairs, of February the 18th and 19th, and May the "14th-one from General Greene, of February the ist, and an- "other from General Smallwood, of the 28th of the same month.
"From the information contained in several of these letters, "you will perceive the indispensable obligation imposed upon "us of drawing forth, from the resources of the State, early and "adequate supplies, in compliance with the requisitions made, "while justice and policy, as well as the arts and exertions of our "enemies, all combine to demonstrate that every measure ought "immediately to be adopted that can be devised for the support " of public credit. In order to lay a firin foundation for future "operations, I hope you will expedite the adjustment of all pub- "lic accounts, and empower and authorize the United States, in "Congress assembled, to make a final settlement of the propor- "tions to be borne by each respective State of the general ex- "penses of the war, from its commencement to the beginning of "this year.
"I sincerely share with you in the high pleasure you must re- " ceive from the truly honorable testimony given by that distin- " guished commander, Generel Greene, to the uniform good con- "duct, singular merit, and important services of the officers and " soldiers of our line.
"A reinforcement is in readiness to march to the southward, "as will appear from the report which I have desired Captain " Moore to make.
"The Secretary will communicate to you several papers con- "cerning the sale of the vessel lately belonging to the State, and "the building of another, together with some correspondencies "relating to the protection of trade in the River and Bay.
"As I judged it would give you some satisfaction to see how "the accounts of this State with the United States stand, in the
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"books of their Treasury, I have prepared a copy of them, " which is herewith sent.
" Gentlemen-As an attention in rulers to the manners of "the people is so essential to the prosperity of a State, it is "with great regret I find myself compelled, by a regard for my "duty, to represent to you that some further provision appears "necessary for preventing those gross irregularities at places of "diversion, now become so frequent, by which the morals and "circumstances of many individuals are injured, and the wisest "and worthiest persons among us, whose minds are impressed "with a solemn sense of the distresses in which our country is "involved, are deeply afflicted.
"As I presume you will not choose to make a long session at " this season, I will only beg leave to submit to your considera- " tion whether it may not be advisable to appoint a committee for "the purpose of collecting, revising and amending the laws prior "to the Revolution, and preparing an appendix to contain those "that are obsolete, but under which the right to property has been "determined, and to shew when they were made, expired or " were repealed, with such other observations as may be judged "proper ; so that the whole work, being hereafter subjected to "the judgment and correction of the Legislature, and then ap- "proved, might form a complete body of our laws to that period.
"JOHN DICKINSON." .
Adjourned till 10 o'clock on Monday next.
MONDAY, June 17, 1782.
The Council met. Present the same members as on Saturday, except Mr. Polk.
Adjourned till 10 o'clock to-morrow.
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MINUTES OF THE COUNCIL OF
TUESDAY, A. M., June 18th, 1782.
The Council met. Present the same members as on yesterday, except Mr. Cook and Mr. Polk.
Mr. Ridgely, a member of the House of Assembly, attending, was admitted and delivered to the Chair a proposition from the House of Assembly for nominating persons to supply the vacancy in the Common Pleas and Orphans' Courts for Kent County ; which, by order, was read, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "MONDAY, June 17, 1782. "On motion,
"Ordered, That Mr. Ridgely wait on the Council and pro- "pose to them that both Houses meet together, in the Council "Chamber, to-morrow at 4 o'clock in the afternoon, to put in "nomination persons to be balloted for to supply the vacancy in "the Court of Common Pleas and Orphans' Court for the County "of Kent, occasioned by the death of John Clark, Esq., Chief "Justice of the said Courts.
" Extract from the minutes. JAS. BOOTH,
"Sent for concurrence.
Cl' k of. Assembly." -
Ordered, That Mr. Grantham return the same to the House of Assembly, with the concurrence of the Council thereto, and also the President's Message of the 12th instant, with the several acts of Congress, letters, and other papers, accompanying the same.
Mr. Grantham, being returned, reported the delivery accord- ing to order.
Adjourned till 3 o'clock, P. M. .
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THE DELAWARE STATE, 1782.
EODEM DIE, P. M.
Mr. Polk now attended.
The Council and House of Assembly, agreeable to the order of the day, met in the Council Chamber for the purpose of putting into nomination persons to be balloted for to supply the vacancy of Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, occasioned by the death of John Clark, Esq., late Chief Justice of said Courts.
Previous to the nomination it was ordered that Mr. Peery, Mr. Waples, and Mr. Grantham be a committee to wait on his Excellency, the President, and request his attendance at such nomination, if he think proper.
The committee reported that they had waited on his Excel- lency and delivered the message committed to them, when he was pleased to say that he would wait on the General Assembly immediately.
The President attended in the General Assembly. Then the members proceeded to put in nomination persons to fill the said vacancy, whose names were taken down for their consideration.
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