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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.
James Read,

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 that any steps should be taken thereon by Council.

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.
Zebulun Potts,

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 Assembly.

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 appears 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,
GEORGE BRYAN,
JACOB RUSH,

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

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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.

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The Council met.

PHILADELPHIA, Tuesday, August 11th, 1789.

PRESENT:

His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS Esquire, Vice President.

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The Comptroller General and Register General's reports, upon the following accounts, were read and approved, vizt:

Of Cornelius Vincent, for provisions supplied the militia and others, in 1778 and 1779, at Fort Freeland in Northumberland county, before the capture and reduction thereof, amounting to twenty pounds thirteen shillings.

Of Collinson Read, Esquire, of Berks county, for a horse furnished by Thomas Youngman, in the year 1776, for public service, which horse was afterward taken by the enemy, and the sum of twenty five pounds was paid by Collinson Read to the said Thomas Youngman, being the value of the said horse.

An order was drawn upon the Treasurer in favor of the Honorable Christopher Kucher, Esquire, for thirty-one pounds ten shillings, in full for his attendance in Council from the first day of July untill the eleventh day of August, 1789, inclusively.

Agreeably to order, the Attorney General in behalf of the State, and Miers Fisher, Esquire, as Attorney to Christianna Gulielma Gaskill, atttended in Council, and were severally heard, touching the prayer of the petition of the said Christiana, that the Attorney General be directed to receive a declaration in ejectment on her demise to try her title to three equal fourth's parts of divers lots of ground containing in breadth north and south, one hundred and two feet, and extending across the intervening streets of the city, from Delaware fourth street to the river Schuylkill.

The Council met.

PHILADELPHIA, Wednesday, August 12th, 1789.

PRESENT:

His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President.

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A letter from the President of the United States, dated the tenth instant, inclosing an act of Congress passed the fifth instant, for settling the accounts between the United States and individual 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 act of Congress.

The Comptroller and Register General's report upon the following accounts were read and approved, vizt:

Of Nicholas Brosius, Collector of Excise in the county of Berks, for excise collected from August the tenth, 1787, to August 10th, 1788, amounting to nine hundred and thirty-nine pounds eleven shillings and four pence.

Of Bartholomew Garvey, for his pay as a seven months' man in the late army of the United States, amounting to seventeen pounds ten shillings.

Of Michael Frederick, for his pay as an eighteen months' man in the said army, amounting to forty-five pounds.

Of Jacob Whitman, for the hire of his scow which was taken to carry stone to Mud Island for repairing that part of the bank of said island, which is to be kept up at the expence of the State, amounting to four pounds ten shillings.

Of William Fians, for his expences in taking home the scow, &ca., and hauling twenty-three perch of stone to the wharf, amounting to three pounds ten shillings and two pence.

Thereupon orders were drawn upon the Treasurer in favor of the said Jacob Whitman and William Fians, for the several sums due to them as aforesaid.

Upon consideration of the petition and recommendation in favor of Margaret Osburne for remission of the fine and punishment at hard labour, to which she was sentenced at a Court of Oyer and Terminer held at Philadelphia, on the twenty-sixth day of January , last, upon being convicted of larceny,

Resolved, That the said Margaret Osborne be and she is hereby pardoned.

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