Ordered, That the same be referred to Colonel Miles, Colonel Smith and Mr. Read, with an instruction to consult the Judges of the Supreme Court and the Attorney General thereon, and to report to Council thereon. The Council met. PHILADELPHIA, Wednesday, August 5th, 1789. PRESENT: His Excellency TIIOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President, Samuel Miles, James Read, Abraham Smith, An order was drawn upon the Treasurer in favor of His Excellency Thomas Mifflin, Esquire, for three hundred and seventy-five pounds, being one quarter's salary due to him as President of the State, on the fifth of this month. Upon consideration of the report of the committee to whom was referred the application of David Linton for the reward for apprehending and securing a certain George Sinclaire, who was attainted by outlawry, Resolved, That the said David Linton is justly entitled to the reward of fifty pounds, according to act of Assembly passed the fourth of October, 1788; and that the Honorable the Vice President, in whose favor an order was drawn upon the Treasurer for that sum, dated on the same day, be and he is hereby authorized to transfer or pay the same to the said David Linton. Council taking into consideration the recommendation from the gentlemen of the bar in Reading in favor of James Diemer, Esquire, for an appointment to the offices of 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 of the county of Berks, Resolved, That the said James Diemer, Esquire, be appointed President of the said several courts in and for the said county, in the room of Henry Spicker, lately deceased. Agreeably to the Comptroller General's report and an act of Assembly dated the twentieth day of March, 1780, an order was drawn upon the Treasurer in favor of the guardians of the children of Captain Jacob Hetherling, for the sum of seven hundred and four dollars, being the amount of pension decreed to them by the Orphans' Court of Chester county, from the eighteenth of April, 1786, until March the twenty-fifth, 1789. A letter was written by the President of this Board to the President of the United States, acknowledging the receipt of his several letters of the eighth of June, and ninth, twenty-third and thirteenth of July last, inclosing the acts of Congress undermentioned, vizt: An Act to regulate the time and manner of administering certain oaths. An Act for laying a duty on goods, wares and merchandize, imported into the United States. An Act for imposing duties on tonnage, and An Act for establishing an executive department, to be denominated the Department of Foreign Affairs. All which are to be transmitted to the General Assembly at their next meeting. The Council met. PHILADELPHIA, Thursday, August 6th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. Samuel Miles, Christopher Kucher, Zebulun Potts, On motion, Abraham Smith, Amos Gregg, and Esquires. Resolved, That the Vice President, Samuel Miles, Amos Gregg and Abraham Smith, be appointed a committee to consider of and report to Council the several propositions which they may judge necessary to be entserted in the message to the General Assembly at their ensuing session. Noah Murray, Esquire, was appointed and commissionated a Justice of the Peace for the second district, and Christopher Hurlbut, Esquire, a Justice of the Peace for the first district, in the county of Luzerne, upon returns made according to law for the said districts. Christopher Hurlbut, Esquire, was also appointed and commissionated a Justice of the Court of Common Pleas in and for the said county of Luzerne. Agreeable to the Comptroller and Register General's report, an order was drawn upon the Treasurer in favor of Melchior Steiner, for the sum of fifteen shillings, for inserting in the German newspaper an advertisement containing information to the children of John Ludwig Shuman, that an estate in Germany is descended to them by the death of their grandfather. The Council met. PHILADELPHIA, Friday, August 7th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. Amos Gregg, Samuel Miles, Zebulun Potts, Abraham Smith, Christopher Kucher, and Esquires. Agreeably to the Comptroller and Register General's report, an order was drawn upon the Treasurer in favor of Charles Biddle, Esquire, for nineteen pounds five shillings and five pence, being a ballance due to him upon his account of the expences of several watch houses, lamps, &ca., placed in the State House yard and at the State Treasury, and for wages paid to the watchmen employed in guarding the public offices in the State House and the public Treasury. A letter from the President of the United States, inclosing an act of Congress passed the thirty-first of July last, to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandizes imported into the United States, was received and read; and a letter was written by the President of this Board to the President of the United States, acknowledging the receipt of the said letter and an act of Congress. The committee to whom was referred the letter from Thomas Fitzimmons, Esquire, relative to an exchange of certain certifi cates belonging to this State, now in the Treasury of the United State, reported verbally that in their opinion it is not necessary any steps should be taken thereon by Council. that The Council met. PHILADELPHIA, Saturday, August 8th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. Samuel Miles, James Read, Amos Gregg, Abraham Smith, Christopher Kucher, and } Esquires. 1 The committee to whom was referred the questions proposed to Council by Colonel Delaney, relative to his duty as State Collector of Imposts, reported verbally, that they had consulted the Judges of the Supreme Court and the Attorney General thereon, agreeably to the minute of Council of the fourth instant, and that the said Judges and the Attorney General had furnished them with an opinion in writing, which was now presented to Council in the following words, to wit: Questions proposed by his Excellency the President, and the Honorable the Supreme Executive Council, to the Judges of the Supreme Court and the Attorney General of Pennsylvania. First. Whether the whole or any, or what parts of the acts of the State for raising a revenue by imposts or duties on goods, wares and merchandize, imported into the said State, are repealed or ceased to have a legal operation by the act of Congress entituled an act for laying a duty on goods, wares and merchandize imported into the United States. Second. Whether the merchants or persons who have imported, goods, wares and merchandize into the said State, and duly entered the same during the operation of the State impost laws, can now be allowed the drawback or return of the duties by them paid, or secured to be paid, upon their exporting the same out of the said State, agreeably to the provisions made by the said acts of Assem. bly. In answer to the first question, we conceive that all the acts and parts of acts of Assembly of the State of Pennsylvania, so far as they authorize or require imposts or duties to be paid to the use of said the Commonwealth, upon goods, wares and merchandizes imported within the said State, have ceased to have any legal operation or binding force. To the second question, as the authority and powers of the Collector and Naval Officer of the State of Pennsylvania, have ceased with respect to any future act to be done by them, as such it ap pears to us, that no drawback or return of the duties paid, or secured to be paid, can be made to the merchants or persons who may propose to export the goods, &ca, agreeably to the provisions made by the said acts of Assembly without the aid of the Legisla ture. THOMAS M'KEAN, WILLIAM BRADFORD, Jun'r. Philadelphia, August 4th, 1789. And the same being considered, Resolved, That Council concur with the Judges and Attorney General in the said opinion, and thereupon, an order was taken that a copy of the said opinion be transmitted to Sharp Delany, Esquire, together with the following letter, vizt: In Council, Philadelphia, Saturday, August 8th, 1789. SIR-The questions proposed by you on Tuesday last to Council, relative to your duty as State Collector for the Port of Phila delphia, were immediately submitted to the Judges and Attorney General for their opinions, which they have accordingly given in writing, and which I have the honor of inclosing to you as coincident with the opinion of Council on the subject. With great respect and esteem I am, Sir, your most obedient and humble servant, To Sharp Delany, Esquire. THOMAS MIFFLIN. A petition from a number of inhabitants of the district of the townships of Northampton and Southampton, in the county of Bucks, containing a complaint of irregular proceedings at the last election of Justices of the Peace in the said district, and praying to be heard in support of the said petition, was read, and it was thereupon, Resolved, That Thursday the twenty-seventh day of the present month, be appointed for hearing the petitioners, and all others concerned touching the said complaint, and that the petitioners and the officers of the said election have notice to attend Council on that day. Ordered, That Supoenas issue for such persons within the said district, as shall be thought proper by the member of the county to be summoned. Council Chamber. PHILADELPHIA, Monday, August 10th. PRESENT: The Honorable GEORGE ROSS, Esquire, Vice President. |