Courts of Quarter Sessions for the Counties of New Castle and Sussex was, upon motion and order, read the 2d time. Resolved, That the same bill be committed to a committee of three. The persons chosen, Messrs. Bassett, Jones, and Collins. Council met. EODEM DIE, P. M. The Council, according to the order of the day, met the President of the State and the House of Assembly in the State House, and the President and members of both Houses having prepared tickets with the names of the Justices of the Supreme Court to be appointed for the State and put the same into the ballot-box, the Speakers of the two Houses, in presence of the President and the other members, examined the ballot-box, and it appearing that there was a majority of votes in favor of William Killen, Esquire, as Chief Justice of the said Court, and a majority of votes in favor of John Evans, Esquire, as second Justice of the said Court, and a majority of votes in favor of John Cook, Esq'r, as third Justice of said Court, Whereupon the said William Killen, John Evans, and John Cook are declared duly elected and appointed Justices of the Supreme Court for the State. Then the President and members of both Houses proceeded, in like manner, to ballot for a Judge of Admiralty, and it appearing that there was a majority of votes in favor of Cæsar Rodney, Esquire, Thereupon the said Cæsar Rodney is declared duly elected and appointed Judge of Admiralty. Adjourned till to-morrow morning, 10 o'clock. Council met. FRIDAY, A. M., June 6th. A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair a resolution of that House to put in nomination, to-morrow afternoon, persons qualified to be Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, in the room of Thomas Tilton, Esquire, who hath declined accepting of the same office. Which, by order, was read the 1st time. The committee to whom the act for aiding the discontinuance of the process in the Courts of General Quarter Sessions of the Peace, &c., in the Counties of New Castle and Sussex, was committed, report sundry amendments thereto, which were agreed to, and ordered to be transcribed and sent to the House of Assembly for their consideration. The resolution of the House of Assembly respecting the nominating persons qualified to be Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, &c., was read the 2d time, and thereupon Ordered, That the following verbal message be transcribed, signed by the Speaker, and sent to the House of Assembly, to wit: A VERBAL MESSAGE FROM THE COUNCIL TO THE ASSEMBLY. Gentlemen: The Council beg to know in what way it doth appear to the House of Assembly that Thomas Tilton, Esq., of Kent County, lately elected Chief Justice of the Court of Common Pleas and Orphans' Court for that county, hath declined accepting of the same office, or what evidence the House of Assembly hath of that fact. Ordered, That Major Sloss wait on the House of Assembly with the above bill and amendments thereto proposed, also the resolution and verbal message. Major Sloss reported that he had waited on the House of Assembly according to order. The Council taking into consideration the resolves of the Honorable the Congress of the 29th of April last relating to the settlement of the accounts for recruiting the Continental Battalion of this State, mentioned in a message from the President of the 5th instant, thereupon Resolved, That George Latimer and Robert Bryan, Esquires, be a committee to state an account of the monies advanced for recruiting the Continental Battalion belonging to this State, together with the names of the officers to whom the same were advanced, and to transmit the same to the Paymaster of the said battalion. On motion, Ordered, That the Paymaster forthwith call the said officers to account for such monies, agreeable to the resolutions of Congress aforesaid. Ordered also, That the said Paymaster afterwards lay before the said committee a state of the said accounts, together with the vouchers to be produced, for their examination. Ordered, That Mr. Baning wait on the House of Assembly with a copy of the above resolution and orders, and propose to them the appointment of a committee of the House of Assembly to join the committee of Council in the business aforesaid, if they think proper. Ordered also, That the said George Latimer and Robert Bryan be appointed a committee to state an account of expenditures by this State for and on behalf of the Continent, in the stead of Messrs. Sykes and Vandyke, the former committee, who are absent, and now discharged from that service. Adjourned till 3 o'clock, P. M. Council met. EODEM DIE, P. M. A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair a resolution of that House appointing Mr. Lockwood and Mr. Horsey a Committee of Accounts for the present year. Also, a resolution to adjourn to-morrow evening until the thirtieth day of September next. Adjourned till to-morrow morning, 10 o'clock. Council met. SATURDAY, A. M., June 7th. A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair the following verbal message, to wit: "Gentlemen: "In answer to your verbal message of yesterday, delivered "by Mr. Sloss, begging to know in what way it doth appear to 'the Assembly that Thomas Tilton, Esquire, hath declined ac"cepting of the office of Chief Justice of the Court of Common "Pleas and Orphans' Court for the County of Kent, or what "evidence the House have of that fact, the Assembly inform "the Council that two of the members of their House, namely: 'Messrs. Stout and Cook, gave the House to understand that "they had frequently conversed with Mr. Tilton upon the subject "of his appointment aforesaid, and requested him to qualify to "the said commission, and one of them very lately, and that he never gave them any reason to believe he intended to qualify "thereto, and that he had not qualified to the said commission “when the said members departed from their homes to attend "this present sitting of the Assembly, which was three months "after his appointment.' Also, a resolution appointing John Barclay, Jonathan Robinson, and William Hemphill a committee, on the part of the House of Assembly, to join the committee of Council for stating an account of the monies advanced for recruiting the Continental Battalion belonging to this State, and also in stating an account of expenditures by this State for and on behalf of the Continent, in the room of Messrs. Thompson, Jones, and Robinson, appointed for that service on the 19th of February last, they being engaged in other public business. A member from the House of Assembly, attending at the door, was admitted and returned the bill entitled "An act for aiding the discontinuance of the process in the Courts of General Quarter Sessions of the Peace, &c.," With the amendments thereto proposed by the Council, to which the House of Assembly agreed. The Council consent that the said bill be enacted into a law. Ordered, That Mr. Bassett wait on the House of Assembly with the above bill and its amendments. Who, being returned, reported that he had waited on the House of Assembly according to order. The Council took into consideration the verbal message from the House of Assembly respecting the evidence that has appeared of Mr. Tilton's declining to accept of the office of Chief Justice of the Court of Common Pleas and Orphans' Court for the County of Kent. On motion, Ordered, That the same be postponed till it is known whether the House of Assembly will recede from their resolution to adjourn this evening. |