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 President. Samuel Dean, 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 Inva. lid, 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 against 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 had 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. 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. The Council met. PHILADELPHIA, Thursday, July 31st, 1788. PRESENT: The Honorable PETER MUHLENBERG, Esquire, Vice President. Samuel Dean, John Cannon, James Read, Christopher Kucher, and Esquires. A petition from Joseph Banks, of Fermanagh township, in Cumberland county, representing that he became bound in a recognizance of one hundred pounds, to prosecute, in behalf of the Commonwealth, Elisha Brewer, Thomas Bailey, and Adam Rice, who were apprehended in this city, and committed to prison for a cheat; that having attended at two several courts, the trial was postponed, and when called up the third time, the petitioner was unavoidably absent, whereby his recognizance became forfeited; that the offenders have since absconded, therefore praying that Council would be pleased to remit the said forfeiture, was read, and an order taken that the prayer of the petitioner be granted. A letter from Timothy Pickering, Esquire, was received and read, informing Council of his being restored to his liberty, and that the party who took him, finding themselves unsupported by the men who advised and directed them in this affair, are now solicitous for a pardon from Council. A letter from the Honorable the Delegates of Pennsylvania, inclosing a resolution of Congress, authorizing the Secretary at War to direct the troops of the Union to rendezvous at Easton, and to march from thence into the county of Luzerne, to quell the disturbances there, was received and read. Upon consideration of the opinion of the Attorney General, now received, in favor of the claim of Aaron Musgrave, and others, to the reward offered by proclamation of Council, dated the twentysixth day of July, 1783, for apprehending and securing Abraham and Levi Doan, Resolved, That two orders be drawn upon the Treasurer, in favor of Aaron Musgrave, Thomas Taylor, Benjamin Miller, William Webb, and John Morrison, for the sum of one hundred pounds each, being the reward offered as aforesaid, for apprehending and securing the said Abraham and Levi Doan. The Board agreed to adjourn, and to meet again this day at the President's house, to take into consideration the case of Colonel Oswald. The Council met, at the President's house the same day. PRESENT: His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President. The Council took into consideration the case of Colonel Eleazer Oswald, and some time being spent therein, the further consideration thereof was postponed until Tuesday next. The time of servitude of Catherine Watson and Mary Thompson having expired, Ordered, That their fines be remitted. In consideration of the age and infirmities of Ann Goldsmith, now confined in the Workhouse, Ordered, That her fine and servitude be remitted. Upon the petition of Mary Dukey, now confined in the Workhouse, and a recommendation in her favor, Ordered, That her servitude be remitted. The time of servitude of John Napp and William Flemming having expired, Ordered, That their fines be remitted. Mr. Kucher was appointed a member of the Board of Property. Upon application of Colonel Clement Biddle, Quarter Master General of the militia, an order was drawn upon the Treasurer in his favor, for the sum of eighty pounds, to enable him to provide for the subsistence of the Continental troops now about to rendezvous at Easton, for which sum he is to account. Council took into consideration a return of the survey of the reserved tract of land opposite Pittsburgh, in town lots and out |