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May 20
Liber No. 78
p. 461
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cial Capacity, and not as the Commissioners of your Executive : the
Act of Council which you mention seems to have had a different
Object and refers only to taking Measures to bring Mr Carbury to
your State for Trial.
When your Executive shall think proper to exercise their Au-
thority in the present Case and make a Demand of Mr Carbury we
shall immediately order him to be delivered up and removed to your
State. But we do not think that we can be justified in the exercise
of any Authority over him beyond the Limits of this State : he must
be delivered by our Officers at the Limits and there received by yours.
If he is to pass thro' Delaware we conceive the Executive and Judi-
cial Authority there should be made acquainted with the Affair, and
their Ministerial Officers ordered to receive him of ours, and con-
duct him to your Limits where your Officers will take charge of him
and carry him to such Goal in your State as you may think proper
to direct.
Not having had the Honor of any Communication from your
Executive in Answer to our Address on this Subject we can say
nothing of their Intentions, and it does not become Us to repeat the
Information by Another Letter as the one we have already wrote
has been received. We have the Honor &ca
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May 21
Liber C. B.
No. 24
p. 494
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Friday 21st May 1784.
The Council met
Present the Honorable Gabriel Duvall, John Davidson & Charles
Wallace Esquires.
A Petition from Mary Johnson, Widow of Lemuel Johnson late
of Worcester County deceased, was presented to the Board setting
forth that her late Husband in his lifetime was fined by Sentence of
a Court Martial the Sum of Twenty pounds Current Money for
Non Attendance as a Militia Man which Sentence is now about to be
executed by Distress and Sale of the Goods of the Petitioner; that
she has four small Children and very little property to support them,
and therefore praying a Remission of the fine aforesaid; and the
Board taking the same into Consideration, and the Allegations in
said Petition being certified to be true by a number of respectable
Gentlemen acquainted with the Circumstances of the Case, are of
Opinion for the reasons aforesaid, and because it is unjust that the
innocent should be punished for the Transgressions of the Guilty in
Cases of this Nature, that the Said Fine should be remitted and do
remit the Same accordingly. —
G Duvall
John Davidson
Charles Wallace
The Council adjourned 'till tomorrow Morning 11 oClock. —
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