Journal of the State Council, 1784-1789. 205
appearance, that he used every means in his power to procure Shorts

attendance but could not find him, in consequence of which his
aforesaid Recognizance was forfeited. The Petitioner states that he
pays Rent for land, and has a family of seven Children to support
who must suffer severely if he should be compelled to pay the for-
feiture. Whereupon the Board considering the low circumstances
of the Petitioner and the Expences incurred and having regard to
a Recommendation from three of the Justices of the said County in
his favor, do order and direct that the said forfeiture of Twenty
pounds be and it is hereby remitted.

W. Smallwood
James Brice
John Kilty
John Davidson

The Council adjourned till tomorrow morning 11 o'clock.

[p 247] Tuesday 10th. July 1787

The Council met.

Present His Excellency William Smallwood Esquire.

The Honorable Jeremiah T. Chase

James Brice

John Kilty

John Davidson Esquires.

The Board having received information that the Naval Officers
gave different interpretations to the Act of last Session to procure
funds for the Payment of Messrs. Vanstaphorsts took up the Con-
sideration thereof and issued their Instructions to the said Officers
as follows.

"In Council July 10th. 1787

"Sir,

This Board having been informed that a diversity of Opinion has
happened among some of the Naval Officers respecting the Construc-
tion of the Act to procure permanent funds for the Debt due from this
State to Messieurs Vanstaphorst passed at April Session 1787 some
of the Officers having allowed a Draw back of the Duties imposed
by the said Act upon reshipping the articles subject to Duty, and
others having refused to make such allowance, and it being necessary
that the Construction of the said Act should be uniform, that the
like justice may be done to all, We have thought proper to interfere
and to notify our Opinion to you for your Government, that no
Drawback can be allowed of the Duty imposed by the said Act be-
cause it is not expressly given. The allowance would certainly