We received the Act of Council of the 2nd instant, requesting our advice on the report of Captain Stiles, Commissary of military stores and keeper of the powder magazine, respecting the large quantity of powder now in the city, which cannot be stored in the magazine. By the common Law every publicum nocumentum or nuisance is indictable, and we conceive, that keeping so large a quantity of powder in the city as may endanger the houses and lives of the inhabitants is of that nature, but by Act of Assembly any person is authorized to keep any quantity in his house not exceeding thirty pounds in weight. The Supreme Executive can take order as to the execution of the laws, and use their endeavours to prevent the destruction of the citizens, and therefore as the magazine will not contain all the powder in the city, and there is no other place provided by law for storing it, we are of opinion, that they have power to direct, that the surplus powder may be kept in some safe place at a distance from any dwelling house, and we apprehend such a place may be most convenient near the river Delaware, either above Kensington or below Southwark.

We have the honor to be, with great regard, Sir, Your Excellency’s and the Council’s most obedient humble servants,