The Council met. Eodem Die, P. M. Mr. Molleston, a member of the House of Assembly, attending, was admitted and returned the bill to prevent dealing and furnishing the enemy with supplies, &c., and delivered the following message, to wit: "A MESSAGE FROM THE House of AssembLY TO THE COUNCIL. "Gentlemen: "The House of Assembly have received your message of yes"terday, relative to the three several amendments proposed by "this House to the bill to prevent dealing and furnishing the enemy with supplies, &c., and disagreed to by the Council, "and, upon a reconsideration of the same, have receded there'from. Signed by order of the House, "Dover, May 19th, 1778." "SAM'L WEST, Speaker. Ordered, That the said bill be engrossed. Mr. Molleston also delivered to the Chair a bill for regulating the fees of divers civil officers, &c., which, by order, was read the first time. The Council now proceeded in the consideration of the bill to enable Charles Pope, his heirs, &c., and agreed to an amendment thereto. Ordered, That the same be transcribed and sent, with the said bill, to the House of Assembly by Mr. Collins. Adjourned to 10 o'clock to-morrow. WEDNESDAY, A. M., May 20th, 1778. The Council met. Present the same members as on yesterday. Mr. Collins now reported the delivery of the several papers committed to his charge, accordingto the order of yesterday. The Speaker laid before the Council the resignation of William Killen, Esq., Chief Justice of the Supreme Court of this State, by a writing under his hand and seal, and also a letter from John Cook, Esquire, declaring his resignation as third Justice of the same Court. Which, by order, were severally read; and thereupon the following address from the Speakers of the two Houses to the General Assembly was laid on the table, viz : To the Honorable General Assembly of the Delaware State: GENTLEMEN-In pursuance of the resolves of the General Assembly respecting the appointment of Justices of the Supreme Court in each County of the State, we, by a letter of the 11th instant, addressed to the Honorable William Killen and John Cook, two of the Justices of said Court residing in Kent County, requested of those gentlemen a resignaton of their commissions, that a nomination of persons to fill that Court, residing in each County of the State, might be made for the more speedy execution of the law, necessary under the present circumstances of the State, and at the same time transmitted copies of your said resolves. In answer to which we have received, through the hands of his Excellency, the President, the resignation of the Honorable William Killen, Esquire, Chief Justice of the said Court, by a writing under hand and seal, and a letter from the Honorable John Cook, Esquire, declaring his resignation as third Justice of the same Court, both of which papers we lay before you for your further order therein. 20 May, 1778. GEO. REED. SAM'L WEST, Speaker. Ordered, That Mr. Baning deliver the foregoing message and papers to the House of Assembly for their perusal. The bill to prevent dealing and furnishing the enemy with supplies, &c., being engrossed, was read and compared and ordered to be signed by the Speaker; which was accordingly done. On motion Resolved, That the President and Commander-in-Chief affix the Great Seal of the State to the bill entitled "An act to prevent the inhabitants of this State from dealing and furnishing the enemy with supplies, and for other purposes therein mentioned." Ordered, That Mr. Baning deliver the foregoing bill and resolution to the House of Assembly for their concurrence. Mr. Baning, being returned, reported the delivery of the several papers committed to him according to order. Mr. Craghead, a member of the House of Assembly, attending, was admitted and presented to the Chair a message from the House of Assembly to the Council. On motion, by order, the foregoing message was read, and follows in these words, viz: "Gentlemen: "This House, having accepted of the resignation of the Hon"orable William Killen and John Cook, Esq'rs, of their commis"sions of Justices of the Supreme Court of this State, propose to "the Council that both Houses meet this forenoon, in the Coun“cil Chamber, and put in nomination persons to be balloted for "as Justices of the said Court, in the room of the said William "Killen and John Cook, Esquires, and also of John Evans, Esq., "appointed second Justice of the same Court, who hath declined "to accept of the said appointment. "Signed by order of the House, "Dover, 20 May, 1778." "SAM'L WEST, Speaker. The Council, taking into consideration the proposition made by the House of Assembly of putting into nomination three persons to fill the offices of Justices of the Supreme Court within the State, in the stead of William Killen and John Cook, Esquires, who have resigned, and John Evans, Esquire, who hath declined accepting under his former appointment, do agree to the same; and Resolved, That 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, who hath declined accepting the same office, be put in nomination at the same time, and afterwards balloted for. Ordered, That Mr. Baning wait on the House of Assembly with the foregoing resolution of the Council, for their concurrence, and inform them that the Council will be ready to receive them forthwith. Mr. Baning, being returned, reported the delivery thereof according to order. Adjourned till 3 o'clock, P. M. EODEM DIE, P. M. The Council met. Mr. Armstrong, a member of the House of Assembly, attending, was admitted and delivered to the Chair the following verbal message, viz : "Gentlemen: "As your honorable House have concurred in a resolution of "the 12th instant, for the appointment of a Commissary General "of Prisoners, the Assembly propose that nomination of persons "to be balloted for to fill that office be made at the same time "that the General Assembly proceed in the nomination of per"sons for Justices of the Supreme Court. "This House do not consider the appointment of a Clothier "General to be supplied by the appointment of Thomas Rodney, "Esquire, in the resolution of both Houses of the 20th of April "last, for the borrowing seven thousand five hundred dollars "on the credit of the State, &c. ; but are of opinion that the "appointment of Mr. Rodney is only temporary, and for the "special service of completing the clothing of the Delaware "Regiment at present. If the Council should view this matter "in the same light the House of Assembly does, and are of opinion that the appointment of a Clothier General is neces"sary, this House propose likewise to put in nomination, at the "same time, persons to be balloted for to fill that office." Whereupon, in answer thereto, the following message was prepared and sent to the House of Assembly by Mr. Conwell : Gentlemen: The Council can put no other construction on the resolution of the 20th ultimo, mentioned in your verbal message of this afternoon, than is expressed therein, to wit: "That the said sum of seven thousand five hundred dollars be put into the hands of Thomas Rodney, Esquire, for the purpose of completing the purchase of clothing for the Delaware Regiment ;" and however temporary this appointment may be considered to be, yet the business is not begun, and we apprehend that the appointment of a Clothier General, whose duty must be the same, will supercede this act, so recently done, which would make our proceedings rather exceptionable, and this is what we wish to avoid, for the Council think with the Assembly that such an officer is necessary, and have no other objection than what is above expressed. Mr. Conwell, being returned, reported the delivery of the above message according to order. The Doorkeeper informed the Chair that the House of Assembly were waiting to be admitted, and they were admitted accordingly. The Council and House of Assembly being met in the Council Room to put in nomination three persons to be balloted for as Justices of the Supreme Court, in the stead of William Killen, John Cook, and John Evans, Esquires; a Chief Justice of the Court of Common Pleas and Orphans' Court, in the room of Thomas Tilton, and also a Commissary General of Prisoners for the State, agreeable to the order of the day, |