The Chief Justice and Judge Bryan sent in their opinion on the measures necessary to be taken with the prisoners confined in the county jail of Luzerne, a copy of which was inclosed and sent to Timothy Pickering, Esquire; and he was informed that Council agreed with the Judges that the best method that can be taken with the prisoners will be to have them prosecuted for a riot. The opinion of the Judges is as follows, vizt:

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

We, the Justices of the Supreme Court, whose names are underwritten, report:-That we have read and considered the letters from Colonel Timothy Pickering to Council, together with the several papers accompanying it, and thereupon beg leave to recommend that the outrageous assault, battery and imprisonment of Colonel Pickering, be prosecuted as a riot; it is certainly one of a most audacious and atrocious nature; but as the punishment for such an offence will not extend to life or member, a conviction of the offenders, in the present unsettled condition of the county of Luzerne, may be attained with more facility, and thereby the honor of the Government preserved and justice in a degree obtained. To accomplish this end, it may be most proper for the Attorney General to prepare a bill of indictment himself, inserting all the riotous acts and aggravating circumstances of the case, and to have it presented to the grand jury for Luzerne county at the next Court of General Quarter Sessions of the Peace. If it shall be found by them a true bill, of which we conceive there can be but little doubt, we would advise the indictment to be removed by certiorari into the Supreme Court, and to be tried at the next Court of Nisi Prius for that county. By this mode of procedure, the Justices of the Peace of the county will have cognizance of the offence and will be authorized to bail such of the offenders as they may think proper; such as ought not to be let at large, without giving the best security and which they may not be able to procure, may be committed to Easton goal, until they shall be brought to trial.

Philadelphia, August 7th, 1788.

On motion,

THOMAS MCKEAN,
GEORGE BRYAN.

Resolved, That the papers which accompanied the letter from Timothy Pickering, Esquire, and a copy of the foregoing opinion of the Judges, be transmitted to the Attorney General, and that he be directed to proceed against the offenders by an indictment for a

riot.

Two certificates from the Court of General Quarter Sessions of the Peace of the county of Washington, that a division of the district of the townships of Cumberland and Morgan, and of the district of the township of Donegal, in the said county, agreeably to act of Assembly dated the thirty-first of March, 1784, for the election of Justices of the peace, is become proper and will be usefull, which

were received and read on the sixth day of May, were this day taken into consideration, and the division as made by the said court confirmed.

Upon the petition of Elizabeth Emery,

Ordered, That the security for good behaviour required of her previous to her enlargement from confinement, be remitted.

The fine payable to the use of the State, and punishment at hard labour in the workhouse, to which Anne Elmor was sentenced by the City Court upon being convicted of larceny, were remitted upon her petition.

The Council met.

PHILADELPHIA, Friday, August 8th, 1788.

PRESENT:

The Honorable PETER MUHLENBERG, Esquire, Vice President.

Samuel Dean,

Abraham Smith,

John Cannon,

Christopher Kucher,

James Read,

David Redick,
William Maclay,

(now returned.)

An order was drawn upon the Treasurer in favor of Frederick Sneider for thirty pounds ten shillings, in full for his wages as Doorkeeper, from the first day of June until the thirty-first day of July, 1788.

Upon consideration of the petition of Joseph Hyde, and a recommendation in his favor from the jurors who were sworn and affirmed in his case;

Ordered, That the fine payable to the use of the State, and the punishment at hard labour to which he was sentenced by the last City Court, upon being convicted thereat for stealing a keg of white paint, be remitted.

The following orders were drawn upon the Treasurer, vizt: In favor of the Honorable James R. Reed for two hundred pounds, in part of his pay as a Delegate from this State to Congress, for which sum he is to account.

In favor of John Nicholson, Esquire, for two hundred pounds. being one quarter's salary due to him as Comptroller General of this State, ending the thirteenth of last month.

In favor of the Honorable Christopher Kucher for seventy-four pounds thirteen shillings, being in full for his attendance in Council from the seventh of May until August the cleventh, 1788, inclusively, and his mileage.

In favor of the Honorable David Redick, Esquire, for four pounds ten shillings, in full for his attendance in Council from the sixth until the twelfth of this month, both days included.

In favor of Clement Biddle, Esquire, for eighty pounds five shillings and six pence, in full of his account for rations supplied the Invalid Corps from the first day of May until the thirty-first day of July, 1788, inclusively, according to the Comptroller General's report.

Upon the petition of John Weikert, of Lancaster county, and a recommendation from the Justices of the Peace of said county,

Ordered, That the fiue of ten pounds, payable to the use of the Commonwealth, which was imposed upon him by the Court of General Quarter Sessions of the Peace of the said county, upon being convicted of fornication and bastardy, be remitted.

The Council met.

PHILADELPHIA, Tuesday, August 12th, 1788.

PRESENT:

The Honorable PETER MUHLENBERG, Esquire, Vice President.

Henry Hill,

Abraham Smith,

John Cannon,

William Maclay,

Mr. Redick and Mr. Cannon, who were appointed a committee, on the first instant, to prepare and report to Council for their consideration a plan for disposing of the lots lately laid out in the reserved tract of land opposite to Pittsburgh by public auction, agreeably to the act of Assembly, dated the eleventh day of September, 1787, now made report of such plan, which was read as follows, vizt:

Mr. Cannon and Mr. Redick, a committee of Council, report, that in compliance with the order of Council of the first instant, they propose the following plan for disposing of the lots laid out in the reserved tract of land opposite Pittsburgh: That one out-lot be sold with each town lot, in the following manner, to wit: that the out-lot marked 1 in the general plan, be annexed, and be ap purtenant to the lot number 125, in the plan of the town, &ca., agreeably to the following list: