lots, made pursuant to an act of Assembly, dated the eleventh of September, 1787; and thereupon,

Resolved, That Mr. Redick and Mr. Cannon be appointed a committee to affix an out-lot to each town lot, and otherwise arrange them in order for sale, agreeably to the directions of the said act, and report their proceedings for the approbation of Council.

Resolved, That to-morrow Council will take into con deration the present situation of affairs in Luzerne county.

The following orders were drawn upon the Treasurer, vizt: In favor of the Honorable David Redick, Esquire, for the sum of fifty-three pounds fifteen shillings, in full of his account for his attendance in Council from the sixth day of June, until the fifth day of August, 1788, and his mileage from Philadelphia to Washington county.

In favor of Thomas Lloyd, for six pounds, in full of his account for three setts of the debates of the General Assembly, and the same number of the debates of the State Convention as published by him in the course of the last year, furnished for the use of Council.

The consideration of the case of Colonel Eleazer Oswald, and that of Abraham and Levi Doan, appointed for this day was postponed untill to-morrow.

A letter was written and sent by express to Colonel Timothy Pickering, acknowledging the receipt of his letter dated the nineteenth, and inclosing to him a copy of Council's letter to the Lieutenant of Luzerne county, of the eighteenth of last month. In this letter Council requested Mr. Pickering to give them full and certain information how matters are situated in that county, and to furnish them with his opinion, with the reasons annexed, whether an armed force is necessary to restore order and good government in said county, and whether it is necessary such force should take post at Tioga.

The Council met (at the President's house.)

PHILADELPHIA, Wednesday, August 6th, 1788.

PRESENT:

His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President.

Letters dated the twenty-eighth and twenty-ninth ultimo, from Timothy Pickering, Esquire, and a letter from Zebulon Butler, Lieutenant of the county of Luzerne, with sundry depositions relating to the late disturbances in that county, were received, and the Chief Justice and Judge Bryan, attending in Council, the depositions and letters were delivered to them, and they requested to give their opinion on the propriety of admitting to bail the persons now confined in the county jail on suspicion of being concerned in the taking off Colonel Pickering.

A letter dated the fourth instant, from James R. Read, Esquire, one of our Delegates in Congress, respecting the Continental troops now at Easton, being read,

Ordered, That a letter be wrote to the Delegates to inform them that from the intelligence we have from Luzerne county, the Continental troops will not be wanted by this State.

Council took into consideration the transcripts of the record of outlawery and award of execution against Abraham and Levi Doan; whereupon, it was

Ordered, That the said Abraham Doan and Levi Doan, be executed on Wednesday, the twentieth instant, at the usual place of execution, and warrants under the less seal were issued to the Sheriff of the city and county of Philadelphia accordingly.

It was moved by Mr. Redick, seconded by Mr. Smith, that the fine and imprisonment of Eleazer Oswald, be remitted, and deter

mined in the negative; the yeas and nays being called, were as fol

lows, vizt: Yeas.

Mr. Dean,
Mr. Smith,
Mr. Redick,

The reasons of Mr. Redick, for his vote in the affirmative on the question, shall the fine and imprisonment of Eleazer Oswald be remitted?

First. He doubts of the crime for which Mr. Oswald was sentenced; he is of opinion that no act ought to be constructed a contempt which may be doubtfull, and he conceives of this as a doubtfull case, but does not suspect the Court of having acted contrary to their judgment.

Secondly. He is of opinion that good purposes would be effected by a remission of the fine and imprisonment, and that no evil consequences would result from it; for first, the restoration of a man to a business on which the support of a valuable family depends, and which must suffer very considerably by his confinement; a compliance with the wishes and earnest solicitations of a very large number of respectable citizens, together with the prospect that the present agitation of many minds would be thereby quieted, appeared to him as a very desirable object, he therefore thought it his duty to vote in the affirmative. DAVID REDICK.

A letter from his Excellency Governor Clinton, inclosing the ratification of the Constitution for the Government of the United States by the Convention of New York, and a copy of the amendments proposed by the said Convention, were received and read.

The following orders were drawn upon the Treasurer, vizt: In favor of the Honorable Abraham Smith, for forty-seven pounds five shillings, being due for his attendance in Council from June the sixth, until August the seventh, 1788, inclusively.

In favor of John Morris, for the sum of six pounds, to defra y his expences on his way from the county of Luzerne to this city with public despatches, and returning.

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.