"On motion,

"IN THE HOUSE OF ASSEMBLY, "FRIDAY, A. M., February 21st, 1777.

"Resolved, That the Prothonotary of the Court of Common "Pleas for the County of New Castle do deliver the seal of the "said county, used in his office, unto the Honorable the Speaker "of the Council, the same seal being established as the Great "Seal of this State until a new one is made and delivered to the "President and Commander-in-Chief; and then it is ordered that "the seal aforesaid be redelivered to the Prothonotary."

Read and concurred in.,

Ordered, That Mr. Sykes wait on the House of Assembly with the above resolution and concurrence of Council thereto.

Mr. Sykes, being returned, reported that he had waited on the House of Assembly according to order.

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 members, examined the ballot-box, and it appearing that there was a majority of votes in favor of Richard M. William, Esquire, as Chief Justice of the said Court, and a majority of votes in favor of Cæsar Rodney, Esquire, as second Justice of the said Court, and a majority of the votes in favor of James Sykes, Esquire, as third Justice of the said Court,

Thereupon the said Richard M. William, Cæsar Rodney, and James Sykes 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 Nicholas Vandyke, Esquire,

Thereupon the said Nicholas Vandyke is declared duly elected and appointed Judge of Admiralty.

Then the President and members of both Houses proceeded, in like manner, to ballot for Justices of the Courts of Common Pleas and Orphans' Courts for the County of New Castle, and it appearing that the votes were unanimously in favor of John Jones, Esquire, as Chief Justice of the said Courts; James Latimer, Esquire, as second Justice; John Thompson, Esquire, as third Justice, and Abraham Robinson, Esquire, as fourth Justice of the said Courts,

Thereupon the said John Jones, James Latimer, John Thompson, and Abraham Robinson are declared duly elected and appointed Justices of the Court of Common Pleas and Orphans' Court for New Castle County.

Then the President and members of both Houses proceeded, in like manner, to ballot for Justices of the Courts of Common Pleas and Orphans' Court for the County of Kent, and it appearing that the votes were unanimously in favor of Thomas Tilton, Esquire, as Chief Justice; John Clark, Esquire, as second Justice; Richard Smith, Esquire, as third Justice, and Thomas White, Esq'r, as fourth Justice of the said Courts,

Thereupon the said Thomas Tilton, John Clark, Richard Smith, and Thomas White are declared duly elected and appointed Justices of the Courts of Common Pleas and Orphans' Courts for Kent County.

Then the President and members of both Houses proceeded, in like manner, to ballot for Justices of the Courts of Common Pleas and Orphans' Courts for the County of Sussex, and it appearing that twenty votes, of the twenty-one persons voting, were in favor of John Wiltbank, Esquire, as Chief Justice of the said Courts; and the votes were unanimously in favor of William Polk, Esquire, as second Justice, and of John Laws, Esquire, as third Justice, and that there was a majority of the votes in favor of Isaac Smith, Esquire, as fourth Justice of the said Courts,

Thereupon the said John Wiltbank, William Polk, John Laws, and Isaac Smith are duly declared elected and appointed Justices of the Courts of Common Pleas and Orphans' Courts for Sussex County.

Then the President withdrew, and the members of both Houses proceeded, in like manner, to ballot for a Commissioner of the

Continental Loan Office for this State, and it appearing that the votes were unanimously in favor of Samuel Patterson, Esq'r,

Thereupon the said Samuel Patterson is declared duly elected and appointed Commissioner of the Continental Loan Office for this State.

Then the members of both Houses proceeded, in like manner, to ballot for two Delegates to serve in Congress in the stead of John Dickinson and John Evans, Esquires, and it appearing that there was a majority of votes in favor of Nicholas Vandyke and James Sykes, Esquires,

Thereupon the said Nicholas Vandyke and James Sykes are declared duly chosen and appointed Delegates to represent this State in Congress in the stead of John Dickinson and John Evans.

Then the members of the two Houses proceeded also to the choice of Military Treasurers, and it appearing that the following gentlemen were unanimously elected, to wit: Samuel Patterson, Esq'r, for the County of New Castle; John Banning, Esq'r, for the County of Kent, and John Rodney, Esq'r, for the County of Sussex, thereupon they are declared duly appointed to the said office.

Then the Council adjourned till 3 o'clock, P. M.

EODEM DIE, P. M.

Council met.

The bill for the recovery of a sum of money due from Boaz Manlove to the Delaware State, being engrossed, was read and compared at the table and ordered to be sent to the House of Assembly for their examination.

Ordered, That Mr. Vandyke wait on the House of Assembly with the said bill, and also the bill for the better establishing a Militia in this State.

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

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

Council met.

SATURDAY, A. M., February 22d.

A member from the House of Assembly, attending at the door, was admitted and returned the bill entitled “An act to punish treasons and disaffected persons, &c.," with the amendments proposed by the Council, to all of which the House of Assembly concurred except the 5th, 7th, 8th, 11th and 13th. As to the 14th they propose two amendments. Also the bill entitled "An

act to render parts of divers Acts of Assembly and certain law proceedings more conformable to the present Constitution," with the amendments proposed by this House, to all of which the House of Assembly agreed except the 1st.

On motion,

Ordered, That the following message, drawn up at the table, be transcribed, signed by the Speaker and sent to the House of Assembly, to wit:

Gentlemen:

As you have rejected the first amendment proposed to the bill entitled "An act to render parts of divers acts of Assembly and certain law proceedings more conformable to the present Constitution," without assigning the reasons of your dissent, and the Council still retaining their opinion that the amendment is a

necessary one to make the recital, in which the amendment is proposed, correspond with the enacting clause providing the remedy, either the one or the other requires an amendment; therefore, to save time, as the session is so near a conclusion, the Council do propose to the House of Assembly a conference of two or more members from each House upon the subject matter of this amendment.

Ordered, That Mr. Bassett wait on the House of Assembly with said message.

Who, being returned, reported that he had delivered the message according to order.

The committee appointed to confer with a committee of Assembly on the subject matter of settling and adjusting the accounts of the officers and privates in the 2d Delaware Battalion of the Flying Camp, commanded by Col. Samuel Patterson, from the time of their enlistment to their being passed by the Commissary of Musters, brought in their report with respect to Thomas Skillington's account, unsettled at a former meeting of said committee, which, by order, was read, and follows in these words, to wit:

"The committee of Council appointed to confer with a com"mittee of Assembly on the subject matter of settling and "adjusting the accounts of the officers and privates in the 2d "Delaware Battalion of the Flying Camp, commanded by Col. "Samuel Patterson, from the time of their inlistment to their "being passed by the Commissary of Musters, at Philadelphia, "do report that they met the committee of Assembly to settle "and adjust the account of Captain Thomas Skillington, who "commanded a company in said battalion (which, by a former "report of said committee is mentioned not to have been laid "before them at their first meeting), and they find the amount "of the same, for pay, subsistence, inlisting, and other charges, "specified in an account of particulars herewith returned, to be £365 9: 11, which your committee submit to the examination "and correction of Council. And your committee do further "report it as their opinion that a committee of 3 persons be 'appointed, two by the House of Assembly and one by the "Council, in each county, to settle what sum of money is due to "each private in the battalion aforesaid, as well for his service