but the fheriff returns that he ‘‘ cauʃed public proclamation to be made at two feveral courts of quarter feffions,’’ &c. The word ‘‘at ’’ is uncertain. So is the word ‘‘ public. ’’ Neither of them is ufed in the act. The requiring ‘‘ the fheriff to make the proclamations,’’ appears to have been intended to oblige his attendance in perfon at fo folemn a tranfaction, leading to fuch fatal confequences. It is not returned, that he was prefent. As to the other words, proclamations might be in fome fenfe faid to be ‘‘ public,’’ and ‘‘ at the courts,’’ and yet not ‘‘ in the courts.’’ Where life depends on proclamations, (illegible text) fcarcely poffible to adhere with too fcrupulous an exactness to injunctions pofitively directed by law, for giving them their conftructive efficacy.
Seventh.—It does not appear by the return who was called on by proclamation to appear.
The offender has reprefented to us by petition, that, at the time, when the outlawry was fued forth againft him, he was in New-York, then in the poffeffion of the Britfh army. What regard ought to be had to that circumftance, you, gentlemen, can determine.
- I am with Refpect.
- Gentlemen,
- Your moft obedient
- And very humble Servant,
- John Dickinʃon.
- John Dickinʃon.
- And very humble Servant,
- Your moft obedient
- Gentlemen,
- I am with Refpect.
To thefe inquiries the following anfwers were returned, addreffed to his excellency the Prefident in Council, on the 15th of January 1785.
Sir.
we had the honor of receiving on the 29th of Novermber laft, the letter from your Excellency, and the Honorable The Supreme Executive Council, dated the 22d of the fame month, refpecting the cafe of Aaron Dean, who ftands attainted of a robbery in the county of Bucks, by Outlawry, and againft whom execution has been awarded. In this letter the council exprefs difficulties with regard to their iffuing the warrant to his execution, and have defired the opinion of the judges on nine feveral queftions. Before we gave our anfwers to thefe queftions, it was expected that all the judges might confult together, in court upon them ; but, as we now defpair of this for fome months, we fhall offer what we think we may be material on the occafion without further day.
Previoufly to the giving our anfwers, we beg leave to obferve, that the judges do not hold themfelves bound to affign any reafons for their judgments ; and when they do give reafons, it is always in public. [♦] This is mentioned, that the prefent proceeding may not be drawn into a precedent.
[♦]Kol. 34.
