THURSDAY, A. M., May 7th, 1778.

The Council met. Present all the members, except Mr. Jones.

Mr. Hyatt now reported that he had delivered to the House of Assembly the several papers given in charge to him according to the order of yesterday.

The report of the committee appointed to draw up an answer to the message of the House of Assembly of the 23d of April, was, by order, read a second time, and several amendments were proposed and agreed to. The said answer is as follows, viz: Gentlemen:

The Council have considered your message in answer to theirs of the 18th April last, respecting their amendments to the resolves of your House relative to the administration of justice, &c., and cannot help expressing their surprise at your persisting to call upon the Council to join in a general charge of guilt upon officers of justice, holding commissions for different terms during good behaviour, without knowing the particular persons alluded to therein, or they, or any of them, called upon or heard as to the matters alleged. This conduct we hold to be incompatible with the station we are in as the Supreme Court of Judicature with respect to the trial of offenders against the State, and we do conceive it the indispensable duty of Courts and Judges to condemn none unheard. We apprehend it is immaterial whether those facts be well attested or not. it is sufficient that they are alleged by the Assembly. This is a In the present stage of the business foundation for an inquiry. The persons charged are, by the Constitution and tenure of their offices, entitled to a hearing before conviction. The exercise of this power belongs to the General Assembly, and not to the President, therefore highly improper to be pointed out in an address to the President, as you propose in your message, until some hearing thereon, agreeable to the principles of our Constitution.

It is also improper for the Council to deny the facts mentioned in your second resolve, for their truth or falsehood ought regularly to be inquired into before the persons accused, if they

choose, on being summoned, to appear. The House of Assembly may either impeach the officers before the Council, or resolve that they be called on to answer the charges against them; it would, therefore, be ill-judged by the Council to make themselves a party in the question by a denial of the facts. It is sufficient that we have pointed out a mode in our message, now before your House, to which we beg leave to refer you.

We do not think that a total rejection of the second resolve, in which the grievances are pointed out, would make the resolutions testify that the only grievance existing is the appointment of two Justices of the Supreme Court in one county, and that justice in every other part has been duly administered. Nevertheless, if the House of Assembly conceive it will receive such construction, the Council will have no objection to the total leaving out of the first resolve and the preceding preamble, which, we do admit, are not necessary to precede the resolution respecting the Judges of the Supreme Court.

The Council proposed an amendment to your third resolve, for that, in their opinion, the reason therein mentioned does not exist. The Clerks of the Supreme Court in the respective counties of this State may, and usually have, all kinds of remedial writs in their hands calculated for removing the determinations of inferior judicatures, so that the want of a Judge resident for this purpose doth not appear so proper for the foundation of the subsequent resolve; therefore the Council cannot, for a reason which they know does not exist, agree to request the Justices of the Supreme Court who reside in one county to resign their commissions; yet, for a reason which at present does exist, they have concurred in such a request, and it must be a matter of small moment to your honorable House whether our concurrence with you proceeds from the same cause or motive or no, as the same end will be effected.

The Council have not at this time agreed to your proposition of a committee of conference on the subject matter of the second resolve aforesaid. We flatter ourselves that your House, on a reconsideration of the amendments and the principles on which they were proposed, will be inclined to adopt them.

Ordered, That the foregoing answer be transcribed and sent by Mr. Hyatt to the House of Assembly.

Mr. Hyatt, being returned, reported the delivery of the same according to order.

On motion, by order, the bill to increase the number of Justices, &c., was read a second time, and an amendment was proposed and agreed to.

Ordered, That the same be transcribed and sent by Mr. Hyatt, together with the said bill, to the House of Assembly.

Mr. Hyatt reported the delivery thereof according to order. Adjourned till to-morrow morning, 10 o'clock.

FRIDAY, A. M., May 8th, 1778.

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

Mr. Derrickson, a member from the House of Assembly, attending, was admitted and delivered to the Chair two messages from the House of Assembly to the Council, which were read, and are as follows, viz :

"This House have received the answer of the Council to a message from this House respecting the amendments to sundry resolutions of this House, of the 9th of April last, for the ad"ministration of justice, and have acceded to the same amendments."

"Gentlemen:

"The House of Assembly have taken into their considera"tion the Militia bill and the second paper of amendments, with the message accompanying the same, and have disagreed to the "7th amendment proposed in the said second paper, and still "continue to adhere to their resolution of rejecting divers of the "amendments proposed by the Council in the first paper, &c.;

but for the dispatch of business the House of Assembly pro"pose to your honorable House the appointment of committees "to confer on the subject matter of those amendments.”’

The same member also returned to the Chair the resolution of the Council for the establishing of guards, &c., concurred in by the House of Assembly, who proposed an additional resolve thereto, which was read and concurred in, and is as follows, viz:

"Resolved. That his Excellency, the President, be empowered "and required to draw out of the Loan Offices of this State, or 'any of them, such sum or sums of money as he may deem "necessary for the carrying into execution the aforesaid resolu"tion for raising the said three companies of guards, and that "this House will devise ways and means for replacing the same."

Ordered, That Mr. Hyatt return the same to the House of Assembly, concurred in by the Council.

Mr. Hyatt, being returned, reported that he had delivered the same according to order.

A message from the President, inclosing a resolution of Congress recommending the passage of a law offering pardon to such of the inhabitants or subjects of the State as have levied war against any of the States, or adhered to, aided or abetted the enemy, and shall surrender themselves by a limited time, was delivered at the table.

On motion, by order, the foregoing message and resolution were severally read the first time. The said message is in these words, viz:

"Gentlemen of the Legislative Council:

"I just received a packet from the President of Congress, "inclosing a resolution of that honorable body recommending to "the several States the enacting laws, &c., for granting pardons, "&c. I have sent your honors, with this message, a copy of the "above-mentioned resolution for your consideration.

"CÆSAR RODNEY."

Adjourned till to-morrow morning, 10 o'clock.

SATURDAY, A. M., May 9th, 1778.

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

Mr. Derrickson, a member from the House of Assembly, attending, was admitted and returned to the Chair the Militia bill, with the several amendments of each House to the said bill; and also delivered the bill to increase the number of Justices, &c., signed by the Speaker of the House of Assembly.

The message from the House of Assembly, respecting the appointment of committees to confer on the subject matter of the amendments to the Militia bill, was, by order, read a second time, and thereupon the following answer to the said message was drawn up at the table, viz:

Gentlemen:

The Council have taken into consideration your message of yesterday, and would gladly embrace every method calculated for the dispatch of the public business, particularly the bill for establishing a Militia, and have no other objection to the appointment of a committee of conference as to the disputed amendments proposed to that bill than the declaration of your House, in their message proposing such a conference, that you still continue to adhere to your resolution of rejecting those amendments. The Council apprehend the design of such a conference is to hear the reasons for and against the points in dispute between the two Houses, and have the opinion of this select part of them thereon reported. If your honorable House consider the points open for discussion, and that your conferees are not absolutely bound to reject every of those amendments proposed, we are ready and willing to have them discussed and reported upon by such a committee; and that no delay may be, the Council have named Messrs. Vandyke and Bassett the conferees on this occasion, on the supposition that the committee to be appointed by you will be at liberty, as aforesaid.

Resolved, That Mr. Vandyke wait on the House of Assembly with the foregoing answer and inform them of the said appoint

ment.