The Council met.

PHILADELPHIA, Saturday, October 10th, 1789.

PRESENT:

The Honorable GEORGE ROSS, Esquire, Vice President.

A transcript of the record of conviction of Francis Burns, otherwise called John Burns, Daniel Cronan, John Bennet, John Ferguson, otherwise called John Taylor, and John Logan, at a Court of Oyer and Terminer and General Jail Delivery held at Philadelphia for the city and county of Philadelphia the eighth day of October, 1789, for the murder of John McFarland, was laid before the Board, and the same being read and considered, it was thereupon,

Ordered, That execution of the sentence of the said Court be made and done on Monday, the twelfth day of October instant, between the hours of ten and two o'clock, upon the several persons se convicted, and that a warrant under the lesser seal, directed to the Sheriff of the city and county of Philadelphia, do issue accordingly.

The Comptroller General's report upon the accounts of Colonel Michael Lindemuth, for provisions furnished to his battalion of Berks county militia, whilst employed in defence of the frontiers of said county, in the year 1780, was read and approved.

The committee appointed to request the opinion of the Attorney General respecting the powers of Justices of the Peace and Common Pleas in new counties, laid before the Board the following, vizt:

Third Street, October 9th, 1789.

SIR-I have considered the clause in the act of Assembly for erecting Delaware county, which authorizes the Justices of the Peace and Judges of the Court of Common Pleas of Chester county, which by the division shall happen to reside in the new county, to exercise the same powers in Delaware that they possessed in Chester.

As the Constitution vests the appointment of all Judges in the Supreme Executive Council, and a new Court is here erected, I am of opinion that no act of the Legislature can appoint the Judges of that Court, or give any persons authority to act as such, without being commissioned for that purpose by the President and Council; this part of the act, therefore, must be merely void.

As to the Justices of the Peace, they being already elected by the people, and residing in their proper districts, I am of opinion that their authority may be continued by an act of the Legislature, and that such an act would not infringe upon the Constitution. I am, Sir, with great esteem,

Hon'ble Mr. Smith.

Your most obedient servant, WILLIAM BRADFORD, Junior.

The Council met.

PHILADELPHIA, Monday, October 12th, 1789.

PRESENT:

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

Letters from His Excellency the President of the United States, of the second and third instant, inclosing the following acts of Congress, vizt:

An Act to establish the Judicial Courts of the United States. An Act to regulate the process in the Courts of the United States.

An Act to explain and amend An Act for registering and clearing vessels, regulating the coasting trade, and for other purposes.

An Act to recognize and adopt to the Constitution of the United States, the establishment of troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned.

An Act providing for the payment of the invalids pensioners of the United States.

An Act making appropriations for the present year.

An Act to allow the Baron Glaubeck the pay of Captain in the army of the United States.

An Act to alter the time for the meeting of Congress.

A duplicate of An Act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the Officers of both Houses.

An Act for the temporary establishment of the Post Office.

An Act for allowing certain compensation to the Judges of the Supreme and other Courts, and to the Attorney General of the United States.

An Act for allowing a compensation to the President and Vice President of the United States.

A resolution for continuing John White, John Wright and Joshua Dawson, in office until the fourth day of February, 1789.

A resolution making it the duty of the Secretary of State to procure, from time to time, such of the statutes of the several States as may not be in his office.

A resolution to provide for the safe keeping of such prisoners as may be committed under the authority of the United States, to the jails of the several States.

A copy of the amendments proposed to be added to the Constitution of the United States; and

A proclamation for a General Thanksgiving, were received and read, and a letter was written by the President to the President of the United States, acknowledging the receipt of the said letters and inclosures.

Two letters, the one from Alexander Hamilton, Esquire, Secretary of the Treasury of the United States, dated the twenty-sixth of September last, inclosing two resolutions of the House of Representatives of the United States of the twenty-first, respecting the public debts, and the other from Henry Knox, Esquire, Secretary at War, dated the sixth instant, inclosing an extract of an Act of Congress of the twenty-niuth of September last, authorizing the President of the United States to call into service, from time to time, such parts of the militia as he may judge necessary, for the protection of the inhabitants of the frontiers of the United States from the hostile incursions of the Indians, were also received and read.

George Woods, Esquire, who was appointed by the Surveyor General to be Deputy Surveyor of the county of Bedford, now took the oath of office before the President, and offered, as his sureties, Samuel Edie, Esquire, and Captain John Lytle, who were accepted.

The following orders were drawn upon the Treasurer in favor of the Honorable William Augustus Atlee and Jacob Rush, Esquires, for the sum of thirty pounds, for defraying their expenses as Judges of the Supreme Court on the Circuit, for which sum they are to

account.

In favor of the Honorable George Woods, Esquire, for the sum of forty nine pounds fifteen shillings, for his attendance in Council from the seventeenth of August untill the twelfth of October, 1789, deducting four days' absence, and for mileage coming to Philadelphia and returning home.

In favor of William Spotswood, for the sum of two pounds one shilling, amount of his account for six setts of the Pennsylvania Herald, furnished from the eighteenth of November, 1787, to the thirtieth of January, 1788, for the use of Council, according to the Comptroller and Register General's report.

On motion,

Resolved, That John Pearson, Thomas Levis, Richard Hill Morris, and George Pearce, Esquires, be appointed and commissionated Juctices of the Court of Common Pleas in and for the county of Delaware.

The Council met.

PHILADELPHIA, Thursday, October 15th, 1789.

PRESENT:

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

Richard Willind B

An order was drawn upon the Treasurer in favor of the Honorable James Read, Esquire, for thirty-eight pounds five shillings, in full for his attendance in Council from the twenty-sixth of August to the fifteenth of October, 1789, inclusively.

Duplicates of the acts and resolutions of Congress, (originals received on Monday last,) were this day received.

The Council met.

PHILADELPHIA, Friday, October 16th, 1789.

PRESENT:

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

Two copies of the Journals of the Senate of the United States were received.

Upon the petitions of Emanual Anthony, Hugh McDowell and Thomas Combess, now confined in the jail of the city and county of Philadelphia, for larceny,

Ordered, That the several fines due from them to the Commonwealth, be remitted, it appearing that their time of servitude is expired, and that they behaved orderly during their confinement.

A return of the general election held in the county of Delaware, was received and read, by which it appears that Nicholas Fairlamb and Jesse Maris were duly elected Sheriffs, and Jonathan Vernon and William Walton, Coroners.

On motion, it was

Resolved, That Nicholas Fairlamb, Esquire, be appointed and commissionated Sheriff for the county of Delaware, and that Frederick Fairlamb and James Bernard of the said county, be accepted as sureties for his faithfull discharge of the duties of said office according to law.

Resolved, That Jonathan Vernon be appointed and commis sionated Coroner for the said county of Delaware.

The Council met.

PHILADELPHIA, Saturday, October 17th, 1789.

PRESENT:

The Honorable GEORGE ROSS, Esquire, Vice President.

Two orders were drawn upon the Treasurer in favor of John Nicholson, Esquire, one for two hundred pounds, being one quarter's salary due to him as Comptroller General on the thirteenth instant, and the other for fifty pounds, being one quarter's salary due to his Clerk on the tenth instant, agreeably to act of Assembly, dated the fourth day of April, 1785.

Upon the petition and recommendation in favor of Daniel Sullivan, who was convicted of larceny in the county of Bucks, at a Court of General Quartar Sessions held in September last, praying remission of the fine of two pounds ten shillings, to which he has been sentenced for the said offence,

Resolved, That the said fine be remitted, it appearing to Council that his time of servitude is expired.

Returns of the general elections held in the counties of Chester, Bucks, Montgomery and Berks, were received and read, by which it appears that the following gentlemen were duly elected, vizt:

Charles Dilworth and James McDowell, Sheriffs, and Nathan Scolfield and John Underwood, Coroners of the county of Chester. Jacob Bennett and William Chapman, Sheriffs, and Isaac Vanhorne and Joseph Hart, Coroners of the county of Bucks.

Francis Swaine and Henry Hooken, Sheriffs, and John Roberts and Samuel Hines, Coroners of the county of Montgomery.