The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-04-17
PENNSYLVANIA LEGISLATURES.

made the order oi the day for fhurlsy (yelt rday
REPORT.
The committee TO whom was referred feveral re
'tols from number al citizens Of the city and
" Of Philadelphia, praying enquiry into the official
eondusf of Thomas M kean, governor of this com.
and a re(olutiout to report whether the
faid Thomas MtKean hath 70 acted in his executive
capacity, TO require the nterpoon of this Houfe
iubmit the following report
That notwithstanding the fhortnefs Of the time al
Lowed them and the eonfequent narrow range of en-
qury they have been enabled to acertain the follow
lowing facts, viz.
1. Ihatthe governor did premeditatedly, wanton-
y, unjuitly, and contrary to the true intent and
meaning of the contributors render weld the late cleo
ton OF lherif in the city and county of Philade
phia.
In having refufed, through the fecretary of the
commonwealth, to permit Judge Wolbert, the cam
diate highen on the return, to come into his pre-
fence, hen he arrived 1T Lancafer, to tender his
bond and ,ha, OF his iureties with the certificate of
the judges
In having iHued commlion with blank for
the names Of the cornmfliouers, to his fon Iofeph
b. M'Kean, who inherited the names of commien-
ers who we're to take the teflmony and afterw ards
appeared as council for VIM. T. Donaldfon, the
adverIe oasdidste.
III having rendered void the election, when there
wasan ual,inajority of forty mine in favor
- .
the Illegal votes
In having dedue,ed from Judge Wolbert's poll,
four votes given to w. I. Donaldfon.
In having declared twenty fix freemen and citi-
zens to be unqualified voters who were duly quail
fed and having fubarased their from the
poll of Judge Wolbsrt.
In having deducted eleven votes from, Judge
.Wo'bert's poll without any evidence of the votes
having voted for fhsriff.
In having declared e;obt douh,frl vate, tc he IL
legal, and having fabliraaed them from judge
Nolbert's poll!
IN having declared feven votes to have been lille
gay rejected, when only three legal votes had
been reiufed, and in having jeduaed thofe feven
votes from the poll ofjudge Wobert
In having an certain cafes declared vote. to be
illegal, which had been given by the ions of qualif
ed citizens, between the age of twenty-one and
twenty two years, whole fathers had died more
ti,an two years before the election and in ano-
ihsr cafe having decided that vote of the fame
chara3er which had been offered for w. I. Do
nnidion and had been refufed, to be legal vote,
aud having iubfratted it from the poll of Judge
Woi5ert.
Se.on1 L hat he the faid Thomas M Eean ufurped
judicial authority in ifung warrant for the arrslt
md imprisonment of Joleph Cabrera; and interfered
favor OF convict for forgery in defiance Of the
hw and contrary 70 the whoefome regulations of the
'riion an Philadelphia, and the fafety of the cti-
ens.
BY tending for the keeper of the prifon, and di-
re-sag him TO permit any vitfuals, bedding or
clothes, that might be fent this convi to be gi-
ven 10 him, although he had been feutenced to two
years imprisonment at hard labor, and to be fed
and clothed as the law directs
Glu& That contrary TO the true intent and mean
ng of the nau;ion, and in direct violation of it,
e did appoint Or. George Buchanan, Lazaretto ply
sian of the port of Philadelphia.
ny granting him oommillon officer with
IN the county of Delaware, three or four days be-
fore his arrival in this hate although he had been
citizen OF Maryland about feventeen years, inn
r'eda'eiy preceding bis appointments.
FoWh. That under a prece'. mt acknowledged to
ave been derived from the king Of Great Britain, &c
ontrary the exprsS letter of the contribution, did
{ luifer his name 10 be iamped upon blank patent,
Or lands, warrants the reafury, and other public
ihe al papers. and tia, too of his prsience.
Fiji. That contrary to law he did fupereede DIR.
ames Reynolds member of the board of health.
BY the appointment of DIR. James HutehinfoD
before the expiration of The year degnated in the
law as the tenure of his commi(ion, and which was
70 ,xrreiled in the commifIon itfef
SIKH. hat contrary the obligations Of du-
and the njunctiens of the contribution, did he offer
nd authorize overtures be made difcontipue two
ctions Of the commonwealth agana William Duane
nd hisfurety, for alleged forfeiture of recog
izances OF one thouland dollars each, on condition
hat William Duane would diicontinue civil actions
gainif his fon Jofeph B. MKean and Others for da-
aages for nlurderous alault coSnitted by Jofeph b.
J'Kean and others, on William Duane
From this limited enquiry, the committee are
ed to the concuOn, that the governor confders the
onitution, and the laws inftruments of exc
utive convenience and offo du cte character as to
e moulded into any hape the fuggefion of pafien,
mbition, or interef. The examination by the COM
liilioners, and the judgment of the governor, upon
he teitimony taken by them, NUT be conhdered a
ovety in the principles of evidence. The petition
RS complained of an unfair election and according to
ne rules of common fenfe, if not of common law,
hey ought to have proved afhrnativey, that the e.
,ction was Illegal. Negative teaimoDy nvalidate
election, by which the honor, and the integrity of
ne officers of the election may be impeaehed, and
icy become fubjea to puniihment, well as the
ghts Of fufrage jsopar died. could never have been
Omitted by any Judge, who was not predetermined
render fuch election void and yet the election of
heriff for the city and county of Phadel .ha, was
It aide upon ground better, and truly upon
round much worfe. The committee have had be-
're them, all the teaimony upon which the governor
bundled his Judgment, well as the liz of illegal
otes made out by his order and they unheGtatingly
firm, that there was fhadow Of cauGe, to render
old that election. The governor it feems, could not
make UP his lit with the which he fuppofed TO
y Illegal, and thereby the majority of Judge
Volbert but to reach his obiea tine fetting aide
he choice Of the majority he even added thereto
CITES not given at all as legal votes given, and votes
auly given to w. L. Donaldfon. The avoidance
4 Su election, under iueh circumstances, furnihss
elsuehoy teimonal of the infeeurity of our rights,
L. ,ko .I.r A.. fl. r.