the want of a Justice of the Peace in the town of Green Castle, in said county, and praying that the said town may be erected into a separate district, for the purpose of electing Justices of the Peace, was read, together with a certificate from the Justices of the Peace of the said county, that the said district is necessary, and will be i usefull; thereupon,

Resolved, That the prayer of the petition be granted.

A letter from his Excellency George Clinton, Governor of the State of New York, dated the eighteenth instant, acknowledging the receipt of Council's letters of the second and eleventh of this month, and informing Council, that having conferred with Mr. Redick on the subject of the said letters, he has directed such meaL sures to be taken on the part of that State as he has reason to hope will prove satisfactory and efficient, was received and read. On motion,

Resolved, That the petitions of Abraham Doan and Levi Doan, now confined in the jail of this city, under sentence of death, upon an outlawry, be transmitted to the Honorable the Judges of the Supreme Court, and that they be requested to inform Council whether any favorable circumstances appeared to them in the case of the petitioners in the course of the proceedings against them by the Court.

Clement Biddle, Esquire, attended Council, agreeably to notice.

Wednesday next was appointed for going into the consideration of the business relative to the sale of the reserved tract of land opposite Pittsburgh.

Upon the petition of James Baird, of Cumberland county, and a recommendation from divers inhabitants of the borough of Carlisle in his favor,

Ordered, That the fine payable to the use of the State, which was imposed upon him by the Court of General Quarter Sessions of the Peace of the county of Cumberland, upon being convicted of fornication and bastardy, be remitted.

The fine due to the State which was imposed upon Anne Shearer by the last Court of Oyer and Terminer and General Jail delivery, held in Dauphine county, was also remitted upon her petition.

Agreeably to the minute of yesterday, Council proceeded to the appointment of a Surgeon and Surgeon's mate, to the troops commanded by Lieutenant Colonel Harmar, and the ballots being ta ken, it appeared that Richard Allison was duly elected Surgeon and John F. Carmichael Surgeon's Mate.

An order was drawn upon the Treasurer in favor of the Honorable David Redick, Esquire, for sixteen pounds fifteen shillings and one pence, in full of his account, for his expences on a journey to Poughkeepsie by the way of New Jersey and New York, on the business of the State, undertaken at the request of Council.

A letter from the Honorable Edmund Pendleton, Esquire, of the State of Virginia, iuclosing the ratification of the constitution proposed for the Government of the United States, by a convention of that State, and a copy of the amendments which the said convention wish to take place therein, was received and read.

The Council met.

PHILADELPHIA, Saturday, July 26th, 1788.

PRESENT:

The Honorable FETER MUHLENBERG, Esquire, Vice Presi dént

The Attorney General informed Council that James McLaughJin now confined in the jail of this county, has been convicted of Jarceny upon three indictments, and that the pardon granted by

Council on the second instant, being but for one offence, has not had the desired effect, therefore requesting that Council would be pleased to grant to the said James McLaughlin a general pardon; thereupon,

Resolved, That such general pardon be granted.

The Council met.

PHILADELPHIA, Monday, July 28th, 1788.

PRESENT:

The Honorable PETER MUHLENBERG, Esquire, Vice Presi dent.

Samuel Dean,

David Redick,
Abraham Smith,
Christopher Kucher,

John Cannon,

Henry Hill,

George Ross,

James Read.

A letter from Joseph Wharton, Esquire, informing Council that he has committed a certain Thomas Reynolds, charged with a burglary, committed in the State of Maryland, and on suspicion of his being concerned in two burglaries in this city, that the person robbed in Maryland, wished to have delivered up to be tried in that State, was read,

Ordered, That Mr. Wharton be informed upon an application from the Executive of Maryland, the said Thomas Reynolds will be delivered up.

A petition from John Douglass, stating that having undergone the punishment at hard labour, to which he was sentenced by the City Court, upon being convicted of larceny, he is now confined in the Jail of the city and county of Philadelphia, for the fine which is due to the Commonwealth, and being unable to pay the same, therefore, praying Council to grant him a remission thereof, was read and an order taken that the said fine be remitted.

On motion,

Ordered, That Michael Hubley, Esquire, be appointed and commissionated to be President of the Court of Common Pleas, of the Court of General Quarter Sessions of the Peace and Jail Delivery and of the Orphans' Court, in and for the county of Lancaster.

A petition from Henry Winkler, Martin Sniff, Leonard Egger, George Hummel, Nicholas Coppel, Nicholas Kippell, David Breckly and Jacob Grub, was read, representing that they are entitled to a share of prize money, arising from the sale of a vessel and cargo of flour, which was taken by them from the enemy while in the service of the State, the neat proceeds whereof, is in the hands of Major Fisher of Lewistown, and praying this Board to direct proper measures to be taken to bring the said Mr. Fisher to account,

and it appearing from the Comptroller General's report upon the said petition, that the State is probably interested in the said prize as well as the petitioners; therefore,

Resolved, That the said petition and report of the Comptroller General be transmitted to the Attorney General, and that he be instructed to make some inquiry concerning the said capture, and report to Council, whether and how far the State is interested therein.

Upon application of the Managers of the House of Employ

ment,

An order was drawn upon the Treasurer in their favor, for the sum of twenty pounds, for the support of James M'Manus, an Invalid, payable out of the sum of one hundred pounds granted him by act of Assembly dated the twenty-eighth of March last.

The application of Aron Musgrave and others, for payment of the reward, offered by proclamation of Council, dated the twentythird of July, 1783, for apprehending and securing Abraham and Levi Doan, was read and referred to the Attorney General for his opinion.

The opinion of the Judges of the Supreme Court, in answer to the act of Council of the twenty-third instant, was received and read as follows, vizt:

To his Excellency the President and the Honorable the Supreme Executive Council of the State of Pennsylvania:

In answer to the act of Council of the twenty-third instant, requesting the Judges of the Supreme Court to inform Council whether in the proceedings agaiust Abraham Doan and Levi Doan in the said Court, any favorable circumstances appeared in their case to the Judges. We beg leave to observe that from the nature of proceedings in outlawry, the merits were not disclosed, and of course we had nothing favorable to the prisoners opened to us.

Upon the trial of the issue whether they were the same persons who had been outlawed and attainted, it appeared in testimony

that these men knew of the proclamation made in Bucks County Sessions, to come in and abide their trials, but that they did not surrender or appear. Finally that they were unwillingly brought before the Court, and did not submit to justice until compelled; we have bad repeated opportunities by examination of witnesses, and also criminals, associates with them in guilt, to hear much of the offences of the said Abraham and Levi Doan, but nothing favorable concerning them or either of them.

They, among others, have been declared by act of Assembly to have been duly attainted, and Council in consequence thereof, proclaimed a large reward for apprehending them. The act has expired some time since by its own limitation.

The opinion of the Judges respcting outlawries in general, was delivered to Council on the fifteenth of January, 1785, to which we beg leave to refer.

As to Jacob Dryer, committed again for another capital offence, as the Secretary by direction has acquainted us. We would recommend that he undergo a trial for the last crime, and that no further proceedings may be had on the former attainders until a verdict and judgment shall be given.

Philadelphia, July 26th, 1788.

On motion,

THOMAS M'KEAN,
GEORGE BRYAN.

Resolved, That on Thursday next Council will take into consideration the case of Colonel Eleazer Oswald, and that the Tuesday following be appointed for the consideration of the case of Abraham and Levi Doan, now confined in the jail of this city under sentence of death.

The business relative to the sale of the reserved tract of land

opposite Pittsburgh, was postponed.

VOL. XV.-33.