USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 6
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On motion,
Ordered, That the General Assembly now ballot for a person to fill the same out of the persons so nominated.
Then the General Assembly proceeded to the ballot, and the box being examined, it appeared that there were twenty-one votes in favor of Thomas Collins, Esquire, who was accordingly declared to be duly elected Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent.
Then the President withdrew, and the two Houses separated.
Mr. Vandyke, a member of the House of Assembly, attending, was admitted and delivered to the Chair certain resolutions of the House of Assembly respecting a separate treaty of peace with Great Britain.
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On motion, by order, the said resolutions were read the first time.
Adjourned till to-morrow morning at 10 o'clock.
WEDNESDAY, A. M., June 19th, 1782.
The Council met. Present the same members as on yesterday, and also Mr. Cook.
On motion, by order,
The resolutions of the House of Assembly respecting a partial or separate treaty for peace with Great Britain, were read the second time, concurred in, and are as follows, viz :
" DELAWARE STATE. "IN THE HOUSE OF ASSEMBLY, June 18, 1782.
"Resolved unanimously, I. That the United States, in Con- "gress assembled, have, by their Confederation, the sole and "exclusive right and power of determining on peace and war, "and of entering into treaties and alliances.
"2. That the honor and true interests of the United States "require an inviolable adherence to the engagements of the "treaty between his most Christian majesty and the said States.
"3. That any man, or body of men, that shall presume, "without the authority of the said States in Congress assembled ".first duly had, to enter into a negotiation concerning a peace "or truce with the King of Great Britain, or his agents, ought "to be considered and treated as enemies of the said States.
"4. That the whole power of this State shall be exerted for "enabling Congress to carry on the war until a peace consistent "with our Federal Union and national faith can be obtained.
" Ordered, That a copy of the foregoing resolutions be imme-
735
THE DELAWARE STATE, 1782.
"diately transmitted to the Delegates of this State in Congress, "as an instruction to the said Delegates.
"Signed by order of the House of Assembly,
"SIMON KOLLOCK, Speaker.
"Sent for concurrence."
Ordered, That Mr. Cook return the foregoing resolutions to the House of Assembly, with the concurrence of the Council thereto.
Mr. Cook reported the delivery thereof according to order.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Latimer, a member of the House of Assembly, attending, was admitted and delivered to the Chair a letter addressed from the Secretary of Foreign Affairs to his Excellency, the President, dated May 14th, 1782, announcing the birth of a Dauphin of France, together with a resolution of the House of Assembly for celebrating the birth of a Dauphin of France.
On motion, by order, the same were severally read.
By special order, the said resolution was read the second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, . "WEDNESDAY, P. M., June 19, 1782.
"The.Minister of France having, on the 13th day of May last, "announced to Congress the birth of a Dauphin, and that hon- "orable body having, by their Minister for Foreign Affairs, com- "municated advice thereof to this State,
"Resolved, That his Excellency, the President, be desired to
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"give such directions as he may judge proper on the occasion "for testifying the great and sincere joy of this State on the "happy event so interesting to his most Christian majesty and "to France.
"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
Ordered, That the foregoing letter and resolution, as concurred in by the Council, be returned, by Mr. McDonough, to the House of Assembly.
Mr. McDonough reported the delivery according to order.
Adjourned till to-morrow morning at Io o'clock.
THURSDAY, A. M., June 20th, 1782.
The Council met. Present the same members as on yesterday.
Ordered, That the Speaker issue a writ directed to the High Sheriff of Sussex County for the election of two Councillors for. said County, to fill the vacancies occasioned by the deaths of William Conwell and John Polk, Esquires.
Which was accordingly done.
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Mr. Carty, a member of the House of Assembly, was admitted and delivered to the Chair a bill to prevent the sales of lands, goods or chattels, by virtue of executions, in certain cases, for a limited time, and for other purposes ; which, by order, was read the first time.
737
THE DELAWARE STATE, 1782.
Mr. Duff, a member of the House of Assembly, attending, was admitted and delivered to the Chair a bill for the aiding and more effectually carrying into execution certain acts of Congress of the 20th and 27th of February, 1782, delivered therewith.
On motion, by order, the same was read the first time.
Adjourned till 9 o'clock to-morrow.
FRIDAY, A. M., June 21st, 1782.
The Council met. Present the same members as on yesterday.
On motion, leave of absence was granted to Mr. Grantham, during the present sitting of the Council, on account of his indis- position.
On motion, by order,
The bill to prevent the sales of lands, goods or chattels by virtue of executions, &c., was read the second time.
On motion, by order,
The bill for more effectually carrying into execution certain acts of Congress of the 20th and 27th February last past, was read the second time.
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 more effectually carrying into execution certain acts of Congress of the 20th and 27th Feb- ruary, 1782, was read a third time, by paragraphs, and passed the Council.
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Ordered, That Mr. Baning return the same to the House of Assembly ;
Who, being returned, reported the delivery according to order.
Mr. Duff, a member of the House of Assembly, was admitted and delivered to the Chair a petition from Robert Timmons, a soldier in the Delaware Regiment, for his discharge, with a reso- lution of the House of Assembly founded thereon.
Mr. Grantham presented his account for his per diem wages and mileage, amounting to {12 : 14 : 0; which was allowed, and an order was drawn for the payment of the same.
On motion, by order,
The petition of Robert Timmons, and the resolution of Assem- bly, founded thereon, were severally read the first time.
By special order, the said resolution was read the second time.
Ordered, That Capt. Kirkwood be requested to attend the Council and give information to them concerning the enlistment of the said Robert Timmons.
Capt. Kirkwood attended the Council and informed them con- cerning the enlistment of the said Robert Timmons ; whereupon
Ordered, That the said petition and resolution lie over for further consideration until to-morrow.
Adjourned till 8 o'clock to-morrow.
SATURDAY, A. M., June 22, 1782.
The Council met. Present the same members as on yesterday, except Mr. Grantham.
On motion, by order,
The bill to prevent the sales of lands, goods or chattels, &c., was read a third time, by paragraphs, and an amendment was
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THE DELAWARE STATE, 1782.
proposed and agreed to, viz : To add the word [lands] between the word [such] and the word [goods], in first page and twelfth line.
Ordered, That Mr. Polk return the said bill and amendment to the House of Assembly.
Mr. Polk, being returned, reported the delivery thereof ac- cording to order.
On motion, the further consideration of the resolution of the House of Assembly for discharging Robert Timmons, was re- sumed, and the same was disagreed to by the Council.
Mr. Carty, a member of the Assembly, was admitted and delivered to the Chair sundry accounts of purchases made by Messrs. Darby and McClay for the Delaware State, accompanied with a resolution for the payment of £703 : 17 : I to William McClay and Henry Darby.
On motion, by order, the same were read.
By special order, the said resolution was read a second time, concurred in, and is as follows, viz :
"IN THE HOUSE OF ASSEMBLY, "FRIDAY, P. M., June 21, 1782.
"On motion,
"Resolved, That the Speakers of both Houses draw an order "on the State Treasurer for the sum of seven hundred and three "pounds seventeen shillings and one penny in favor of William "McClay, Esq., and Henry Darby, to enable them to discharge "their contracts for supplies of provisions and forage furnished " to the army under General Washington, agreeable to the reso- "lutions of the General Assembly for that purpose, dated the " 27th and 29th of October last.
"Extract from the minutes. JAS. BOOTH, "Sent for concurrence. Cl'k of Assembly."
Doctor Clayton, a member of Assembly, was admitted and de- livered to the Chair the bill to prevent the sales of lands, &c., agreed to as amended, and signed by the Speaker of the Assem- bly; together with the bill for aiding and more effectually carrying
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MINUTES OF THE COUNCIL OF
into execution certain acts of Congress, &c., also signed by the Speaker; a resolution for affixing the Great Seal thereto, and the following notification of their intention to adjourn, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, June 22, 1782.
" Ordered, That Mr. Clayton wait on the Council and inform " them that this House intend to adjourn the present session this "day to some future time.
" Extract from the minutes.
"JAS. BOOTH, Cl'k of Assembly."
The foregoing bills, being read and compared, were ordered to be signed by the Speaker ; which was accordingly done.
On motion, by order,
The resolution for affixing the Great Seal to the foregoing bills was read, concurred in, and follows in these words, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, June 22, 1782.
"On motion,
"Resolved, That the President and Commander-in-Chief affix "the Great Seal of the State to the following laws :
I. "An act for aiding and more effectually carrying into exe- cution certain acts of Congress of the twentieth and twenty-sev- enth days of February last past ;"
2. "An act to prevent the sales of lands, goods or chattels, by virtue of executions, in certain cases, for a limited time, and for other purposes."
" Extract from the minutes.
"Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly."
Mr. Latimer, a member of the House of Assembly, was ad- mitted and delivered to the Chair a memorial from Dr. James Tilton, with the report of the committee of the House of Assem- bly on the memorials of Capt. James Moore and Doctor Tilton,
741
THE DELAWARE STATE, 1782.
and the petition of Genethan Harney, and a resolution of Assem- bly respecting Doctors Tilton and Latimer.
On motion, by order, the same were severally read.
By special order, the resolution respecting Doctors Tilton and Latimer was read a second time, concurred in, and follows in these words, viz :
" IN THE HOUSE OF ASSEMBLY, "SATURDAY, June 22, 1782.
"The House resumed the consideration of the report upon "the memorial of Doctor James Tilton, &c., and thereupon
"Resolved, That the Speakers of both Houses draw an order "on the State Treasurer in favor of the said James Tilton for one "hundred and fifty pounds, on account of his pay since the Ist "August, 1780; and a similar order in favor of Doctor Henry "Latimer for the sum of one hundred pounds, on account of his "pay since the time aforesaid.
" Extract from the minutes. JAS. BOOTH, "Sent for concurrence, Cl'k of Assembly."
Adjourned till 3 o'clock, P. M.
EODEM DIE, P. M.
The Council met.
Ordered, That the before mentioned bills, respectively signed by the Speaker of the Council, and the resolution of Assembly for affixing the Great Seal thereto, concurred in by the Council, be returned, by Mr. Cook, to the House of Assembly, together with the accounts for purchases made by Messrs. McClay and Darby, and the resolution founded thereon concurred in by the Council ; the memorial of Doctor James Tilton, &c., the report of the House of Assembly thereon, and the resolution of that House respecting Doctors Tilton and Latimer.
Mr. Cook reported the delivery according to order.
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MINUTES OF THE COUNCIL OF
Mr. Peery, a member of the House of Assembly, attending, was admitted and delivered to the Chair the report of the Audi- tors of the Pay Accounts of the Officers, &c., of the Delaware Regiment, together with a resolution of the House of Assembly for the payment of the said auditors, and a resolution for employ- ing seamen to navigate the State schooner.
On motion, by order,
The report of the Auditors of the Pay Accounts of the Officers, &c., and the resolution of the House of Assembly founded there- on, were severally read the first time.
By special order, the said resolution was read a second time and concurred in, and is as follows, viz : *
On motion, by order,
The resolution for employing seamen to navigate the State schooner, was read the first time.
By special order, the same was read a second time, concurred in, and is as follows, viz :*
Ordered, That Mr. Cook return the said report of the auditors, &c., and the two foregoing resolutions, with the concurrence of the Council thereto respectively, to the House of Assembly ;
Who, being returned, reported that he had waited on the House of Assembly with the same, according to order.
The Council now took into consideration the accounts of the per diem wages and mileage of their Members and Clerk, brought in for the service of the State during the present meeting, and the following were allowed, viz :
To Isaac Grantham, Esq., for 12 days' attendance on the Council, at 17s. 6d. per day, and mileage, at 6d. per mile, £ 12 14 O
To Hon. Thos. Collins, Esq., Speaker, for 15 days' attendance, at 22s. 6d. per day, and mileage, at Is. per mile, . 17. 8 6
Carried forward, £ 30 2 6
* These resolutions are not recorded.
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THE DELAWARE STATE, 1782.
Brought over, . £ 30 26 To Peter Hyatt, Esq., for 16 days' attendance, at 17s. 6d. per day, and mileage, at 6d. per mile, . . 15 10 O · To Thomas McDonough, Esq., for 15 days' attend- ance, at do., and mileage, at do., . 14 II 6
To William Polk, Esq., for 13 days' attendance and mileage, at do., 12
4 6
To Jno. Baning, Esq., for 13 days' attendance, at do., II : 6
To Jno. Cook, Esq., for 16 days' attendance, at do., 14 12 O
To Benjamin Vining, Esq., for 13 days' attendance as Clerk, &c., I5 I 3
£113 43
Ordered, That the Speaker draw orders on the State Treasurer for the payment of the above mentioned sums.
Which was accordingly done.
Ordered also, That the Speaker sign a joint order in favor of Eliza Thompson for [6 : o : o; another in favor of Ann Westly for £9 : o : o; ditto in favor of Rachel Bullen for £13 : 5 : o; do. in favor of Mary Lewis for £9 : 15 : 0- 638 : 0 : 0.
Which was accordingly done.
Then the Council adjourned to the 20th day. of October next.
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VOTES A
ND PROCEEDING
MINUTES OF COUNCIL.
OCTOBER, 1782.
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ПОИНОЗ НО РАЗВИТИ
OK
VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
REGULAR SESSION, OCTOBER, 1782.
The minutes of this session, which was held at Dover, con- mencing October Ist, and adjourned November Ist, until Janu- ary 6th, 1783, are lost, but the following documents submitted, and resolutions, &c., passed, are preserved, to wit :
MESSAGE OF HIS EXCELLENCY, JOHN DICKINSON, PRESIDENT.
"Gentlemen of the General Assembly :
"I feel a very sincere pleasure in advising you, that their High "Mightynesses the States General of the United Provinces have "acknowledged and received a Minister Plenipotentiary of the "United States in that quality, an event likely to be immediately "succeeded by treaties of alliance and commerce greatly bene- " ficial to both nations.
" The Secretary will lay before you letters from the President "of Congress, of the 19th and 24th of June, and the 20th of "July -- from the Commander in Chief, of the 28th of May-from " the Financier, of the 9th, 29th and 30th of July, the 15th, 17th "and 25th of August, the 12th and 20th of September, and the "5th of October -- from the Secretary at War, of the 8th of July, "the 9th of August, and the 15th of October-from the Secretary "for Foreign Affairs, of the 2d of May, and the 12th and 15th of "September-from Governor Clinton, of the 4th of August-
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"from General Gist, of the 5th of June-and from the Com- "manding Officer of our Troops in the Southern Army, of the "Sth of July, and the roth of August.
"I beg leave to refer you, Gentlemen, to several Acts of Con- "gress communicated in former Messages, to recommend them "to your attention at the present Sessions, and to observe, that "an early as well as a pointed compliance of the several Legisla- "tures with the determinations of that National Council, is abso- "lutely necessary for establishing a system of regularity and effi- "cacy in the affairs and for maintaining the honour of the United " States.
" You will perceive by a resolution of the House of Assembly "and the Council of New Jersey, of the 24th of June, that com- "missioners are appointed for settling and establishing the line "of jurisdiction between that State, Pennsylvania and this State. "Commissioners are also appointed by the State of Pennsylvania; · "and such a measure seems proper to be taken on our part for "settling the line of the jurisdiction in the Bay and River Dela; " ware.
"Upon considering, after your last recess, some circumstances "that had lately occurred, I judged it expedient to consult the "Commander-in-Chief before I should give orders, in pursu- "ance of your resolutions, for the march of the recruits and sol- "diers then in the State to the southward. In consequence of "his answer, and of the second letter above mentioned from the "Secretary at War, orders were issued for their march to Phila- "delphia, which have been executed, as will appear by Captain " Moore's letter of the 7th of August.
"As it appeared to me my indispensable duty to endeavor "that our militia should be placed on the most respectable foot- "ing, I have constantly and diligently applied my care to this "great point. Returns have been required of the military stores, "and of the arms both public and private fit for service, in each "County. These are now presented to you; and from them "you will observe, how necessary it is, that immediate provision "should be made for procuring further supplies of these articles. "It is much to be wished, that the General Assembly would also "devise means for establishing an Artillery Company, with a "competent number of field-pieces, in each County.
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THE DELAWAKE STATE, 1782
"I have lately reviewed every Regiment in the State, except "the eighth, and have been generally pleased with the appear- "ance and behavior of the officers and privates on this occasion, "and particularly of Colonel Duff's, Colonel Hall's, Colonel "Jones's and Colonel Polk's Regiments.
."An adjustment of all public accounts is a business of such " moment that it ought to be made with dispatch, and published "for the satisfaction of our constituents, and an officer of skill "and integrity should be appointed to keep them in perfect or- "der for the future, so that the General Assembly and Execu- "tive may easily and without loss of time know the state of our "finances, and avoid errors and difficulties in transactions relat- "ing to them. The propriety and advantage of such a measure "are too manifest to need any arguments for enforcing its adop- " tion.
" Many of our titles to lands depend upon records in Pennsyl- "vania. Transcripts from them should be obtained, and duly "recorded in some of our offices. It may not be improper, "that a committee should be empowered to inquire and report " whether the records in general are safely and properly kept.
" The Laws require very considerable amendments to be made, "for preventing substantial justice being defeated or delayed by "unnecessary and injurious forms ; for ascertaining with preci- "sion the Statutes prior to the Revolution that are to be regarded "as parts of our jurisprudence; for securing the inestimable bene- "fits of the writ of habeas corpus ; and for fixing the trial by "jury on such a solid basis as will guard as much as possible "against its being shaken by the dreadful efforts of party rage- "if that blind and destructive power, from which we are now so "happily free, should in times to come attempt to. pull down the "pillars in our Courts, for supporting which the precious blood " of our brave fellow citizens has been so nobly offered and liber- "ally poured out. Regulations of this sort will be among the best "inheritances we can leave to our posterity.
" Another amendment humanity compels me to propose, that "persons manumitting healthy slaves, not advanced in years, "should not be obliged to give security for their maintenance, "and that slaves should not be sent upon sale or otherwise to "places distant from their usual residence, by which means
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"affectionate and near relations are cruelly separated from one "another, and the remainder of their lives extremely embittered. "The Legislatures of several neighbouring States, moved by a "deep sense of the divine favors to them in this contest for their "own freedom, and by an enlightened commiseration, have "lately passed laws for alleviating the afflictions of this helpless "and too often abused part of their fellow creatures. I entertain "the warmest hopes that the Legislature of this State will emu- "late the most generous and wise examples of this kind.
"JOHN DICKINSON.
"Dover, October 29, 1782."
RESOLUTION IN RELATION TO A DAY OF GENERAL THANKSGIVING.
Resolved, That his Excellency the President be requested to appoint and proclaim that Thursday, the 28th day of November next, be observed throughout this State as a day of solemn thanksgiving for the purposes expressed in the proclamation of the United States in Congress assembled, of the 11th of October instant.
MESSAGE OF HIS EXCELLENCY, JOHN DICKINSON, PRESIDENT.
"Gentlemen of the General Assembly :
"The Secretary will present to you a letter from the Minister
"of France, of the 14th, and another from Mr. Robert Morris, " of the 18th of this month.
"Such a recommendation, I doubt not, will be duly respected; "and it seems, from all circumstances which have come to my "knowledge, that policy and humanity may both be observed,
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THE DELAWARE STATE, 1782.
"by admitting the recent services of the offender as an atone- "ment for his former misconduct.
"A barge of the enemy being lately cast on shore near Lewes- "Town was seized, with her arms, tackle and apparel, and the "crew were made prisoners by some of the inhabitants of that "place and the neighborhood. Several young men, who were "concerned in the seizure, have informed me, that if the State "would be pleased to give up the public share of the prize to "them, they would fit her out at their own expense as an armed "vessel for assisting to protect the navigation of the Bay. It "appeared to me a proposal deserving to be communicated to "you. I have seen and examined the boat. She is of very little "value, and I am persuaded cannot possibly be applied to any "other use so properly, as in the desired encouragement of the "men I have mentioned. A list of their names is enclosed.
"By a message of the 19th of last January I recommended the "passing a law 'For better securing and escorting prisoners of "war and deserters ;' and I now think it my duty to repeat my "application on that head. For want of due regulations, a very . "unreasonable share of public service is imposed on the Militia "in some parts of Sussex County ; and not unfrequently, after "they have performed such service in a manner much to their "credit, prisoners make their escape.
"James Millis, lately keeper of the goal in this town, last week "discharged ten prisoners of war brought up from Lewes-Town "and committed to his custody, under pretence that no provi- "sion was made for their support. Six of them were quickly re- "taken by the spirited and zealous activity of the Sheriff and "some inhabitants of this County. Afterwards two of them es- "caped again. Similar instances have happened too often. If it "be considered that every one of these prisoners, if detained for "exchange, might have restored to his country, his family and "friends, some worthy fellow citizen now languishing in captiv- "ity, I am sure, you, gentlemen, will feel the proper sentiments "on circumstances so injurious to our unhappy countrymen, and "so disreputable to the State.
"JOHN DICKINSON. "Dover, October 30, 1782."
The aforesaid two letters from the Minister of France and the
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Honorable Robert Morris, soliciting a pardon for Luke Shields, were also read, reciting that the said Luke Shields, formerly an inhabitant of Lewes-Town, having fled to the British and acting in the capacity of a pilot on board of one of their armed vessels, was captured by his most Christian majesty's frigate L' Aigle, and has rendered very essential services on board her ; and re- commending that such services be admitted as an atonement for his former misconduct, in adhering to the enemies of his country. -Extract from Journal of the House of Assembly.
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