Minutes of the Council of the Delaware state from 1776 to 1792, V 2, Part 7

Author: Delaware. General Assembly. Senate. 1n
Publication date: 1887
Publisher: Wilmington, The Historical Society of Delaware
Number of Pages: 1226


USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 7


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RESOLUTION IN RELATION TO THE PAYMENT OF TROOPS IN THE SERVICE OF THE UNITED STATES.


WHEREAS Congress, on the first of this instant October, did resolve, "That no monies paid by any of the States to the offi- "cers and soldiers of the army of the United States, as pay for "the year 1782, be considered as advanced in behalf of the Uni- "ted States, and that the same be not credited to the State by " which the advance shall have been made ;" in order therefore to comply with the economical views of Congress, and do justice to this State,


Resolved, That this State will not in future advance any money, clothing, or other necessaries, as pay, to any of the officers or soldiers of the army of the United States.


AND WHEREAS the General Assembly have directed sundry articles of clothing and sums of money to be furnished to the officers and soldiers of the Delaware Regiment in the Continen- tal Army, in order to relieve their distress, and enable them to discharge their duty to the Continent ; and have also furnished divers quantities of forage, provision and other articles for the use of the army of the United States ; therefore,


Resolved, That the State Treasurer forthwith form an accurate account of all monies advanced by him to the officers of the Dela- ware Regiment, and of all clothing and other necessaries provided for them by this State, and of all supplies of whatever kind that have been furnished for the use of the Continent, and for which


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THE DELAWARE STATE, 1782.


draughts have been made on him, by order of the Commander in Chief of the State, or the General Assembly ; and that he transmit copies thereof immediately to the General Assembly and to the Paymaster-General, in order that the same may be entered as charges against the officers and troops so paid and supplied and carried as a credit to this State with the United States, out of the present tax.


Resolved, That a copy of these resolutions be sent to the dele- gates of this State in Congress, as an instruction to them to urge in Congress the propriety of crediting the State with the monies already advanced for the aforesaid purposes ; and that they use their utmost endeavors to have such credit given without delay.


RESOLUTION IN RELATION TO APPOINTMENT OF COMMISSIONERS TO SETTLE ACCOUNTS OF THIS STATE WITH THE UNITED STATES.


WHEREAS the nomination of William Winder, Jr., a commis- sioner for the purpose of settling and adjusting the accounts be- tween the Delaware State and the United States, and for liquida- ting and settling in specie value all certificates given by public officers to individuals in this State, and other claims by individ- uals against the United States, according to the form and effect of the act of Congress of the 20th of February 1782, has been duly announced; therefore,


Resolved, That the nomination aforesaid of William Winder, Jr., be and hereby is recognized and approved.


Ordered, That an attested copy of the above resolution be de- livered to his Excellency the President of this State, in order that the same be transmitted to the Superintendent of Finance.


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MACIEJ OF THE COUNCIL OF


RESOLUTION IN RELATION TO BARTHOLOMEW BAYNUM, INDICTED FOR HIGH TREASON.


WHEREAS it has been represented to the General Assembly that a certain Bartholomew Baynum, of the County of Sussex, who stands indicted for high treason, hath refused to surrender himself and abide his legal trial ; and is going about in the said County in an armed and hostile manner, in open violation of the Laws of this State, to the injury of the State and the evil example of others ; in order, therefore, that he may be apprehended and brought to justice,


Resolved, That the President be requested and empowered to issue his proclamation, offering a reward of fifty dollars to any person or persons who shall apprehend and secure the said Bar- tholomew Baynum in the public goal of the County aforesaid.


Resolved, That the aforesaid reward be paid by the Treasurer of Sussex County, on the certificate of the Sheriff thereof that he hath received the aforesaid Bartholomew Baynum into the goal of the same County, which sum shall be allowed to the said Treasurer on the settlement of his accounts with the State Trea- surer.


RESOLUTION FOR APPOINTMENT OF. A COMMIS- SIONER TO SETTLE ACCOUNTS OF THIS STATE WITH THE UNITED STATES.


WHEREAS the nomination of William Winder, Jr., a Commis- sioner for settling and adjusting the accounts of this State with the United States, agreeable to the directions of the act of Con- gress of the 20th of February last, hath been approved by the General Assembly ; and it is necessary that some person be nominated and appointed, on the part of this State, to prepare and lay the said accounts before the said commissioner ; there- fore


Resolved, That William Peery, Esq., be and is hereby ap- pointed for the purpose aforesaid.


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THE DELAWARE STATE, 1782.


Resolved, That the General Assembly will defray the expense that may be incurred by the said William Peery in the' discharge of the business aforesaid.


RESOLUTION IN RELATION TO THE .ASCERTAIN- MENT OF THE LOSS OF PROPERTY, &c., BY CITIZENS OF THIS STATE DURING THE WAR.


WHEREAS Congress have requested, that each of the States obtain, as speedily as possible, authentic accounts of the slaves and other property which have been carried off or destroyed by the enemy, in the course of the present war ; therefore


Resolved, That the County Treasurers respectively be and they are hereby empowered and directed to issue their orders to the Collectors, to put up three or more advertisements, in the most public places in each Hundred, directing those persons whose slaves have been carried away, or other property taken or destroyed by the enemy, since the commencement of the present war, to make and return, on oath or affirmation, an exact and true account and estimate thereof, to the best of their knowledge, to the Collector of the Hundred such person resides in, who shall transmit the same to the Treasurer of his County.


That the said Treasurer, on receipt of the said accounts and estimates, shall state the same in a fair account, distinguishing the property taken in each Hundred, and return the same to the General Assembly at their next meeting.


That the Levy Court of each County make an adequate allow- ance to the Treasurer and Collectors of such County for their performance of the duties hereinbefore enjoined them.


VOTES AND PROCEEDINGS


MINUTES OF COUNCIL.


JANUARY, 1783.


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VOTES AND PROCEEDINGS


OF THE


COUNCIL OF THE DELAWARE STATE.


ADJOURNED SESSION, JANUARY, 1783.


At a meeting of the Council at the Town of Dover, in Kent County, by adjournment, on Monday, the 6th day of January, A. D. 1783, a quorum of the members to form an House not attending, the Council adjourned from day to day till Saturday, the 11th instant.


SATURDAY, P. M., January 11th, 1783.


The following members attended, viz :


For New Castle County-Thomas McDonough.


For Kent County-The Hon. John Cook, Richard Bassett, John Baning.


For Sussex County-


George Read, Esquire, a member of the Council chosen for the County of New Castle, on the first day of October last, in the room of Peter Hyatt, Esquire, whose seat became vacant by rotation, appeared in the Council, and took the oath and sub- scribed the declaration prescribed by the twenty-second article of the Constitution of this State, and then took his seat. [See note on page 10.]


Adjourned to Monday at 11 o'clock.


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MINUTES OF THE COUNCIL OF


MONDAY, P. M., January 13th, 1783.


The Council met. Present the same members as on Saturday, and also Mr. Grantham.


· Mr. Read, at his seat, made his excuse for his non-attendance at the meeting of the Council in October last ; which was admit- ted.


Mr. Speaker laid before the Council a letter addressed to the Vice-President of this State, of the 6th instant, by Samuel Whar- ton, Esquire, one of the Delegates of this State in Congress, inclosing sundry extracts from the Journals of Congress from Sept. 14 to Oct. 29, 1782, together with several resolutions of that honorable body ; which, by order, were severally read.


Adjourned to to-morrow at 10 o'clock.


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TUESDAY, A. M., January 14, 1783.


The Council met. Present the same members as on yesterday.


Mr. Carty, a member of the House of Assembly, attending, was admitted and delivered to the Chair a letter, dated Philadel- phia, Nov. 4, 1782, addressed by the President to the Speaker of the Council, together with a message from his Excellency to the General Assembly, dated Jan. 11, 1783, and the resolutions of the House of Assembly on the committee's report on the said message.


On motion, by order,


The President's Message of the 11th instant, and his letter to the Speaker of the Council, were severally read, and the said message is in these words, viz :


"Gentlemen of the General Assembly :


"Since the last recess of the General Assembly, I have been "elected President of the Supreme Executive Council of Penn- "sylvania ; and the duties of that office requiring my residence


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THE DELAWARE STATE, 1783.


"there, I was prevented from removing to Wilmington, after I "had got my house in that place prepared, at a considerable "expense, for the reception of my family.


"I wrote immediately to the Honorable the Speaker of the "Legislative Council, requesting him to take the administration "upon him, according to the Constitution, and to the Secretary "to deliver to him the Great Seal.


"The General Assembly will, I hope, approve of my engag- "ing in the employment that has been mentioned, in a sister and "neighbor State-the true interests of both being, by situation "and a variety of circumstances, so intimately connected-espe- "cially when they consider how earnestly I entreated to be excus- "ed from accepting the Presidency here-that I have faithfully "and to the best of my abilities served a year-and that I could "not avoid accepting the Presidency lately conferred upon me, "without involving myself in circumstances exceedingly disa- " greeable.


"I now do myself the honour of waiting upon you, gentlemen, "to inform you of this event, and to acquaint you, that I am "ready to resign the dignity I hold in this Republic, in such "manner as you shall judge proper. But permit me to add that "iny affection and gratitude to the State I never will resign but " with my life.


"My words are unable to do justice to my sentiments on this "occasion. I cannot but remember that I have transacted a "multiplicity of business with most of you for several years, "and in times of distress, and have never had the least personal "difference with any one of you. I cannot but remember the "politeness and kindness with which, in your public and private "capacities, you have constantly treated me.


"Be pleased, gentlemen, to receive the warmest thanks my "heart can feel for these instances of your goodness ; and allow "me to trust that you will continue to me the share of your "esteem which has been and will always be so great a part of "my happiness.


" That Divine Providence may protect and bless you, gentle- "men, and that this State may flourish and abound with pros- " perities till time shall be no more, is my fervent prayer.


"JOHN DICKINSON.


"Dover, January 11, 1783."


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MINUTES OF THE COUNCIL OF


On motion, by order,


The resolutions of the House of Assembly upon the com- mittee's report on the President's Message of the 11th instant, were read the first time.


Mr. Charles Polk, a member of the House of Assembly, at- tending, was admitted and delivered to the Chair a resolution for the appointment of a Committee of Accounts.


On motion, by order, the foregoing resolution was read the first time.


By special order, the same was read a second time, concurred in, and is as follows, viz :


"IN THE HOUSE OF ASSEMBLY, "TUESDAY, A. M., Jan. 14, 1783.


"On motion,


"Resolved, That Messrs. Thomas Kean, Philip Barratt, and "Nathaniel Waples be a Committee of Public Accounts, on the "part of this House, and that Mr. Polk wait on the Council with "a copy of this resolution, and propose to them the appointment " of a committee of their body to join with the committee of this " House in the business aforesaid.


"JAS. BOOTH, Cl'k of Assembly."


And thereupon, on motion,


Resolved, That Messrs. John Baning and Joshua Polk be a committee on the part of the Council to join with the committee of the House of Assembly in the business above mentioned.


Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met and adjourned till to-morrow morning at 10 o'clock.


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THE DELAWARE STATE, 1783.


WEDNESDAY, A. M., January 15th, 1783.


The Council met. Present the same members as on yesterday, and also Mr. Joshua Polk.


Ordered, That Mr. Grantham return to the House of Assembly the resolution for the appointment of a Committee of Accounts, with the concurrence and appointment of the Council thereto. That the same member also return to that House the several letters from the Financier, with their inclosures, which were de- livered to the Council from the Assembly previous to the late adjournment.


On motion of Mr. Read, that a committee be appointed to prepare and bring in a bill for methodizing the public accounts, and for the more effectual settlement of the same, the same was agreed to.


Whereupon Mr. Read, Mr. Bassett, and Mr. McDonough are appointed a committee for that purpose.


Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met.


Mr. Grantham now reported the delivery of the papers com- mitted to him, according to order.


Adjourned to 10 o'clock to-morrow.


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MINUTES OF THE COUNCIL OF


THURSDAY, January 16, 1783.


The Council met. Present the same members as on yesterday, and also Mr. William Polk.


Several of the members attending on committees, the Council adjourned till to-morrow at 10 o'clock.


FRIDAY, January 17, 1783.


The Council met. Present the same members as on yesterday.


Several of the members attending on committees, the Council adjourned till to-morrow at 10 o'clock.


SATURDAY, A. M., January 18, 1783.


The Council met. Present the same members as on yesterday, except Mr. Joshua Polk.


Adjourned to 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met and adjourned till Monday morning at II o'clock.


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THE DELAWARE STATE, 1783. 765


MONDAY, P. M., January 20th, 1783.


The Council met. Present the same members as on Saturday.


Mr. James, a member of the House of Assembly, attending, was admitted and presented to the Chair a message, dated Jan- uary 13th, 1783, from the President to the General Assembly, together with a message, of the same instant, from the Vice- President to the General Assembly, inclosing one letter from the Secretary for Foreign Affairs of the 23d of December last ; one from the Assistant Secretary of War of the 3d instant, and two from the Financier of the 21st and 23d of October last ; besides divers letters and papers containing intelligence of a public na- ture, and also another message from the same of the 17th inst.


The same member also delivered a letter of the 8th instant, addressed by Captain McKennan to the President of this State, relative to the arrival of the Delaware troops from the South- ern army, with a resolution of the House of Assembly founded thereon.


The same member also delivered certain resolutions of the House of Assembly respecting the State schooner.


The same member also delivered an account from Thomas Bradford, printer, for printing done for this State, amounting to £31 : 2 : 6, with a resolution of the House of Assembly for the payment of the same, and a blank order on the State Treasurer, for the above sum, in favor of James Booth, Esq., to enable him to discharge the said account.


The same member also delivered an account from Samuel Smith, Esq., late High Sheriff of New Castle County, for services done, amounting to 67 : 10, with a resolution of the House of Assembly for the payment of the same, and a blank order on the State Treasurer for that purpose.


Adjourned till 10 o'clock to-morrow,


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MINUTES OF THE COUNCIL OF


TUESDAY, A. M., Jan. 2Ist, 1783.


The Council met. Present the same members as on yesterday, and also Mr. Joshua Polk and Mr. Collins.


On motion, by order,


The President's Message of the 13th instant was read, and is as follows, viz :


" Gentlemen of the General Assembly :


"I omitted mentioning in my last address to you that I have "advanced money and incurred debts to a considerable amount "for the use of the State. I make no doubt but due care will " be taken that these shall be soon discharged.


"Dover, January 13th, 1783. JOHN DICKINSON." On motion, by order,


The message from the Vice-President, of the same date, was read, and follows in these words, viz :


" Gentlemen of the General Assembly :


"In the absence of the President from the State, and upon "his request, signified to me by a letter dated at Philadelphia, "the 4th of November last, I assumed the administration of the "government, agreeable to the Constitution, a few days after "your adjournment of the last sessions, and have exercised the "same during your late recess, with every endeaver to discharge " the important trust thus devolved upon me, with diligence and "fidelity.


" The trade of this State on the Bay and River Delaware, at "the time I entered upon the administration, evidently required "every possible exertion for its protection, and the insufficiency "of our funds prevented the equipment of the State schooner "for that purpose. I therefore judged it most advisable to fit "out. the said vessel, if practicable, in concert with the State of " Pennsylvania, whose interests are equally affected by the ene- "my. Accordingly, with the concurrence of several members "of the Council and Assembly, on the 13th of November last,


767


TIIE DELAWARE STATE, 1783.


" I issued instructions to Charles Pope, Esq., commander of the "said schooner, to contract with the Marine Commissioner of "Pennsylvania, for transferring to that State, by way of sale, a "part of the said vessel, and generally to concur with them in "adopting such measures as might be requisite for her speedy "equipment for the protection of the trade. The Secretary will "lay before you a duplicate of these instructions, and the cor. "respondence between the said commissioners and Charles Pope, "by which you will perceive that he has been unable to effectu- "ate the measures recommended to him.


"This State having incurred a considerable debt in building "and arming the said vessel, and our funds at this time being "inadequate to her present equipment and regular maintenance, "I beg leave to suggest it, as expedient, that application be "made to the State of New Jersey to employ the said vessel 'jointly with this State for the protection of the trade of both, "which is similarly circumstanced and equally exposed. If this "measure is unattainable, or does not meet with the approba- "tion of the General Assembly, I think it would redound to the "interest of the State that she should be sold.


" I have directed the Secretary to lay before you the following "letters-one from the Secretary for Foreign Affairs of the 23d "of December last-one from the Assistant Secretary at War, "of the 3d instant-and two from the Financier, of the 21st and " 23d of October last.


"To the requisitions of Congress, inclosed in the letters from "the Financier, I have no doubt but that your honors will pay "that attention which their importance require ; and I beg leave "to recommend to yon that a distinction and appropriation of "the public taxes, which Congress have strongly urged for ob- " vious and cogent reasons, be made.


"The Secretary will also lay before you divers letters and "papers containing intelligence of a public nature, which I have "received in the recess of the General Assembly.


"JOHN COOK, Vice-President.


"Dover, January 13, 1783."


On motion, by order,


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MINUTES OF THE COUNCIL OF


The Vice-President's Message of the 17th instant was also read, and is as follows, viz :


" Gentlemen of the General Assembly :


"I last evening received intelligence from Capt. McKennan, "commanding that part of the Delaware Regiment which have "been doing duty in the Southern Army, that he is on his march "to this State and may be expected by the twentieth instant. "Lieutenant Hyatt has been sent forward with this information, ""and to assist in making preparation for the reception of those "troops. As I am not informed from any public authority that "they are destined for any service immediately, it will be neces- "sary that provision and quarters should be had and made for "them forthwith, and therefore I recommend this business to "you. The Secretary will lay Capt. McKennan's letter before "you, and should the General Assembly wish to be further in- "formed of the numbers and conditions of the returning troops, "Lieut. Hyatt will attend them. . As the other part of the Dela- "ware Regiment is quartered in the City of Philadelphia, I "think it right to transmit the account of the advance of those "under Capt. McKennan to the Secretary at War, or this State's "Delegates in Congress, that I may certainly know whether "quarters for the winter or only temporary ones ought to be "provided for them in this State ; but of this measure I shall be "glad to know the sense of the General Assembly.


"JOHN COOK, Vice-President.


"Dover, January 17th, 1783."


Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met and adjourned till to-morrow morning at 10 o'clock.


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769


THE DELAWARE STATE, 1783.


WEDNESDAY, A. M., Jan. 22d, 1783.


The Council met. Present the same members as on yesterday. Adjourned till 3 o'clock, P. M.


EODEM DIE, P. M.


The Council met.


On motion, by order, the account from Thomas Bradford, printer, and the resolution of the House of Assembly founded thereon, were severally read the first time, together with the order drawn for the payment of the same in favor of Jas. Booth, Esquire.


On motion, by order,


The account from Samuel Smith, Esq., late Sheriff of New Castle County, for services done, and the resolution of the House of Assembly for the payment of the same, and the order drawn for that purpose, were severally read the first time.


On motion, by order,


The foregoing account of Thomas Bradford, printer, was read the second time and allowed.


On motion, by order,


The resolution founded thereon, was read the second time, concurred in, and follows in these words, viz :


"IN THE HOUSE OF ASSEMBLY, "THURSDAY, A. M., Jan. 16, 1783.


"An account was presented to the Chair from Thomas Brad- "ford, for printing done for this State, amounting to 431 : 12 : 6, "which was allowed ; thereupon


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MINUTES OF THE COUNCIL OF


"Resolved, That the Speakers of both Houses draw an order "on the State Treasurer for the payment of the above sum to "James Booth, to be by him applied to the discharge of the. "aforesaid debt due to Thomas Bradford from this State.


"JAS. BOOTH, Cl'k of Assembly.


"Sent for concurrence."


On motion, by order,


The account from Samuel Smith, Esq., was read the second time and allowed.


On motion, by order,


The resolution of the House of Assembly for the payment of the same, was read the second time, concurred in, and is as fol- lows, viz :


" IN THE HOUSE OF ASSEMBLY, "FRIDAY, Jan. 17, 1783.


"An account was presented to the Chair from Samuel Smith,


"Esq., late Sheriff of New Castle County, amounting to seven "pounds ten shillings, which was read and allowed.


"Resolved; That the Speakers of both Houses draw an order "on the State Treasurer for the payment of the said sum of " seven pounds ten shillings to the aforesaid Samuel Smith.


"JAS. BOOTH, Cl'k of Assembly.


"Sent for concurrence."


And thereupon the orders drawn on the State Treasurer for the payment of the two foregoing accounts were severally signed by the Speaker.


The committee appointed to prepare and bring in a bill for methodizing the public accounts, and for the more effectual settlement of the same, now reported that they had essayed a draught of a bill for that purpose ; which was laid on the table, and, by order, read the first time.


Adjourned to 10 o'clock to-morrow.


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THE DELAWARE STATE, 1783.


THURSDAY, A. M., Jan. 23d, 1783.


The Council met. Present all the members.


Mr. Davis, a member of the House of Assembly, attending, was admitted and delivered to the Chair a bill for raising 26, 250 pounds for the service of the present year, accompanied with sundry requisitions of Congress, and other papers, on which the same was founded.


The same member also delivered the accounts of George Crag- head, the Clothier-General of this State, with the report of the joint committee thereon, and a resolution of the House of As- sembly for the payment of 6481 : 2 : 8 to the said George Crag- head, Esq.


Mr. Duff, a member of the House of Assembly, was admitted and delivered to the Chair a message from the Vice-President to the House of Assembly on the subject of a letter addressed to him by William Winder, Esq., the Commissioner appointed for adjusting the accounts between this State and the United States, with its inclosures, and a resolution of the House of Assembly founded thereon.




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