Council met.

MONDAY, P. M., February 10th, 1777.

A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following resolution and order of that House, to wit:

“IN THE House of AsseMBLY, "MONDAY, A. M., February 10th, 1777.

"The committee appointed to confer with a committee for the "purpose of adjusting the mode of appointing the Civil Officers "of this State brought in their report, which, by order, was read

"the first time.

"On motion, by special order,

"The same was read the second time, and thereupon,

"Resolved, That the same report be recommitted to the fol"lowing committee, to wit: Messrs. Moore, Thompson, Jones, "Lea, and Robinson, who are hereby appointed to confer with a "committee of Council thereon."

"EODEM DIE, P. M.

"Ordered, That the proceedings of this forenoon on the re"port of the committee appointed to confer with a committee of "Council for the purpose of adjusting the mode of appointing "the Civil Officers of this State, be transcribed and sent to the "Council for concurrence, and that Mr. Hill deliver the same.” Which, being read, was concurred in.

Ordered, That Mr. Polk be added to the former committee of Council appointed for this business, and that Mr. Wiltbank wait on the House of Assembly with their resolution aforesaid and the concurrence of Council thereto and the appointment of Mr. Polk. Mr. Wiltbank reported that he had waited on the House of Assembly and delivered the resolution aforesaid according to order.

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

TUESDAY, A. M., February 11th, 1777.

Council met, and resumed the consideration of the resolution of the House of Assembly of the 5th instant, founded upon a petition of Col. John Jones, of Sussex County, for a loan of a sum of money to enable him to erect salt works in this State, and an exclusive right to make salt for sale on certain conditions for five years, and divers amendments being proposed and agreed to the same were transcribed.

Ordered, That Mr. Vandyke wait on the House of Assembly with the resolutions and amendments for their consideration and

concurrence.

Mr. Vandyke reported that he had waited on the House of Assembly according to the order aforesaid.

A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the following report and order thereon, to wit :

"IN THE HOUSE OF ASSEMBLY, "MONDAY, P. M., February 10th, 1777.

"The Committee of the General Assembly of Delaware, appointed for the purpose of settling and adjusting the accounts "of the Officers and Privates of the Second Delaware Battalion, "raised for the Flying Camp, previous to their being passed by "the Commissary of Musters, do report that they find:

The amount of Colonel Samuel Patterson's account, for pay and subsistence since the time aforesaid, to be.

The amount of Lieut. Col. Robert Hodgson's account, for do. same time, to be.

The amount of Major Henry Niell's account is The amount of the Rev'd Samuel Eakin, Chaplain's account, is

The amount of James Lukes, Adjutant's acc't, is

Carried over,

£ 176 14 5

Brought over,

The amount of John Watson, Quartermaster's account, is ..

The amount of James Tate, Surgeon's account is The amount of Edward Duff's account, Surgeon's mate, is . . .

The amount of William Millan, Paymaster's account. is...

The amount of Capt. Thos. Kean's account of
pay and subsistence of his company officers
and privates for the time aforesaid is.
The amount of Capt. James Dunn's account of
same is...

The amount of Capt. William Moody's account
of same is . .

The amount of Capt. Manlove's account of same is . .

The amount of Capt. Jos. Caldwell's account of same is ..

The amount of Capt. John Woodgate's account of same is ..

The amount of Capt. Nathaniel Mitchell's account of same is

314 O 2

179 6 21⁄2 *2485 6 8

"Your committee do further report that the several accounts "of particulars of the above mentioned separate sums, amount"ing in the whole to two thousand four hundred and eighty-five "pounds six shillings and eight pence, are herewith returned for the examination and correction of the General Assembly. The "account of Capt. Thomas Skillington's company has not yet "come before your committee."

"The foregoing report being read the second time and consid"ered, passed the House.

"Ordered, That the same be transcribed and sent to the Coun"cil for their concurrence, and that Mr. Stout deliver the same, "together with the accounts therein referred to."

Which was read and ordered to lie on the table for consideration.

So in the manuscript.

A member from the House of Assembly, attending at the door, was admitted and delivered to the Chair the report of the joint committee of both Houses for adjusting the mode of appointing the Civil Officers of this State, and a resolution of the House of Assembly respecting the choice of two Delegates to represent this State in Congress for concurrence of the Council.

Which, by order, were read, and some amendments being proposed and agreed to, the same were transcribed.

Ordered, That Mr. Vandyke wait on the House of Assembly with the said report and resolution, and the amendments thereto proposed by the Council for their consideration and concurrence. Mr. Vandyke reported that he had waited on the House of Assembly according to the order aforesaid.

Adjourned till 3 o'clock, P. M.

EODEM DIE, P. M., February 11th.

Council met, and took into consideration the third and fourth amendments proposed by them to the House of Assembly to the bill for ascertaining the salaries, &c., to officers, &c.," and do recede from the same, and do agree that the said bill, as it now stands, be enacted into a law.

Ordered, That Mr. Polk wait on the House of Assembly with the bill and resolution aforesaid.

Mr. Polk reported that he had waited on the House of Assembly according to the order aforesaid.

A member from the House of Assembly, attending at the door, was admitted and returned to the Chair the resolutions respecting the loan of one thousand pounds, &c., to Col. John Jones to enable him to erect salt works in this State, with the amendments pro

posed by this House, to all of which the House of Assembly agreed except the 6th; and also returned the report of the joint committee for adjusting the mode of appointing the Civil Officers of this State, &c., and resolution respecting the choice of two Delegates, with the amendments proposed by this House, to which the House of Assembly also agreed except the 2d.

On motion,

Resolved, That the said second amendment proposed by the Council be receded from.

Which report and resolution, as amended and now agreed to, is as follows, to wit:

"The committee to whom was recommitted the report of a "conference with a committee of the Council for the purpose of "adjusting the mode of appointing the Civil Officers of this State "met the said committee of Council and agreed upon the follow"ing report, to wit:

"That the members of both Houses should meet this afternoon "in the State House, when each member may propose a person "for President, and, when all are nominated, that their names be "taken down in writing and left on the table for the perusal and "consideration of the members of both Houses. The said com"mittees further agreed that the election for President should be "held at the same place in the afternoon of the morrow, when "the persons nominated for President shall be balloted for by "writing his or their names on several pieces of paper, and the "person who has the greatest number of voices (provided he has a majority of the votes of members present) shall be President; "and in case it should happen that no person nominated should "have a majority of votes of the members present, then and in "such case the two highest in vote shall be balloted for again. "But if it should so happen that two or more persons next to "the highest should be equal in vote, then the said two or more persons shall be voted for again, and the person who has the "greatest number of voices of those last mentioned shall be bal"loted for as aforesaid together with the person who was highest "in vote upon the first election, and the person who is highest "in vote of those two last mentioned persons shall be President; "but if the votes be equal, in such case the Speaker of the Coun"cil shall have an additional casting voice.