USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 30
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Given in Council under the hand of His Excellency Thomas Mifflin,
Esquire, President, and the seal of the State, at Philadelphia, this thirteenth day of April, in the year of our Lord one thou- sand seven hundred and ninety, and of the Commonwealth the fourteenth.
THOMAS MIFFLIN.
Attest :- CHARLES BIDDLE, Secretary.
The Council met.
PHILADELPHIA, Wednesday, April 11th, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President. James Read, James Martin,
Christopher Kucher, William Wilson,
Jonas Hartzell,
Zebulun Potts,
Abraham Smith,
Amos Gregg, and Esquires.
Richard Willing, Frederick Watts,
Samuel Edie,
The Committee to whom was referred the resolution of the Gen- eral Assembly of the sixth instant, relative to a gun-powder Maga-
1
328
MINUTES OF THE
zine, reported that a lot on Walnut street, and bordering on the river Schuylkill, the property of Colonel John Patton, was the most proper place that could be procured for erecting thereon a Powder Magazine : Whereupon,
It was agreed that the Committee be authorized and instructed to negotiate the purchase of the said lot, on the following princi- ples, vizt :" Council to nominate two disinterested persons on the part of the State, Colonel Patton to nominate two persons, the four to chose a fifth person, and the five persons to ascertain the value of the lot in question.
Upon the petition and recommendation of a number of respecta- ble inhabitants of the borough of Carlisle, in the county of Cum- berland, for the pardon of a certain George Mason, who was con- victed in the said county of larceny, and sentenced in October, 1788, to two years and nine months hard labour, &ca.,
Resolved, That the said George Mason be and he is hereby par- doned.
On motion,
Samuel Postlethwaite, Esquire, was appointed and commissiona- ted Clerk of the Court of General Quarter Sessions of the Peace and General Jail Delivery of the county of Cumberland, in the room of John Agnew, Esquire, lately deceased.
A letter from Sharp Delany, Esquire, of the thirteenth instant, inclosing a letter from his Deputy, relative to the settlement of his accounts, and requesting a direction to the Comptroller to report on the said accounts, was read; whereupon, the Secretary was directed to inform the Comptroller General that Council wish to have information relative to the settlement of Colonel Delany's ac- count, and to know the reasons why that settlement has been de- layed.
The Committee to whom was referred the copy of the list of pen- sioners furnished to Council by Sharp Delany, Esquire, taken from and compared with the list which he received from the War Office of the United States, made report, which was read and adopted as follows, vizt:
The Committee to whom was referred the business of the Comp- troller General respecting the pensioners' pay, &ca., having exam- ined sundry papers relative thereto, and such of his books as he presented to your Committee, report : They find errors in his books to the amount of thirteen pounds thirteen shillings against the Com- monwealth as stated by himself; and further, your Committee re- port that the Comptroller General has produced to the Executive Council a variety of accounts for sundry persons said to be pension- ers and invalids, for which, in consequence thereof, orders have issued for payment on the Treasurer, when at the same time it does not appear he was authorised for so doing, not having orders from any court for his justification.
329
SUPREME EXECUTIVE COUNCIL.
Resolved unanimously, That Council highly disapprove the con- duct of the Comptroller General in stating and reporting to this Council larger sums to be due to invalid pensioners than have been warranted by orders of the Supreme Court or of any Orphans' Court ; and that the said Comptroller General be considered as re- sponsible to the Commonwealth for all sums so over-stated, and which have been or may be paid by the State Treasurer in conse- quence thereof.
The Council met.
PHILADELPHIA, Thursday, April 15th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
James Read, Frederick Watts,
Samuel Miles, James Martin,
Abraham Smith, Zebulun Potts,
Christopher Kucher,
Amos Gregg,
Esquires.
Jonas Hartzell, William Wilson, and
Richard Willing, Samuel Edie,
A letter from the Honorable Thomas Jefferson, Esquire, Secre- tary of State of the sixth instant, inclosing two copies of the act to accept a cession of the claims of the State of North Carolina to a certain district of western territory, and of the act to prevent the exportation of goods not duly inspected according to the laws of the several States, was received and read, and a letter written by the President acknowledging the receipt of the said letter and inclo- sures.
A petition from Philip Fordenbaugh, of the county of Dauphine, praying that Council would be pleased to remit a fine of ten pounds which has been imposed upon him by the Court of General Quar- ter Sessions of the Peace of the said county, upon being convicted of fornication and bastardy, was read, with a recommendation from four of the Justices of the said Court in his favor ; it was there- upon,
Resolved, That the aforesaid fine of ten pounds be and the same is hereby remitted.
The Committee to whom was referred the resolution of General Assembly of the sixth instant, relative to the purchase of a suita- ble lot whereon to erect a gunpowder magazine, and who were in- structed to consider of proper persons to ascertain the value of Colo- nel Patton's lot offered to Council for the purpose aforesaid, reported the names of the following gentlemen, vizt : Israel Wheelen and
330
MINUTES OF THE
Hugh Roberts, on the part of the State, and on the part of Colonel Patton, James Craig, junior, and William Hall.
Council resumed the consideration of the business relative to the conduct of the Comptroller General, when a motion.was made by Colonel Miles, seconded by Colonel Willing, in the following words, vizt :
WHEREAS, It appears from a report of a Committee of the Gen- eral Assembly, that there is a want of that order, regularity, method and arrangement in the transactions of the Comptroller General, which is necessary in the transacting of public business :
And whereas, The Comptroller General has neglected to furnish the Register General with the ballances of accounts directed by an Act of General Assembly passed the twenty-ninth day of Septem- ber, 1789, to be forthwith furnished :
And whereas, The said Comptroller General has been detected of defacing and altering sundry warrants on the Treasury of this State, drawn by direction of the Supreme Executive Council, and signed by the Vice President without the knowledge or instruction of this Board :
And whereas, It appears that the said Comptroller General did certify to this Board in sundry instances pensions to be due to in- valid soldiers, in consequence of which orders have been issued on the Treasury for sums not warranted by certificates of the Supreme or Orphans'.Court agreeably to law; therefore,
Resolved, That John Nicholson, Esquire, be and he is hereby dismissed and removed from the office of Comptroller General of this State, and the said office is hereby declared to be vacant.
Whereupon it was moved by Doctor Gregg, seconded by Zebulun Potts, to postpone the consideration of the said motion in order to introduce the following, vizt :
WHEREAS, It appears to this Council from, the arrangement made in the Treasury Department, by the Act of Assembly of the first day of April, 1790, that so soon as the account between this State and the United States, shall be adjusted and prepared for settle- ment by the Comptroller General that the duties of the said office may without difficulty, be performed by the Treasurer of the State and the Register General, and the abolition of the said office will save a considerable expence to the State ; therefore,
Resolved, 'T'hat Council will recommend to the General Assem- bly at their next meeting the abolition of the office of Comptroller General, so soon as the account between the United States and this State shall be adjusted and prepared for settlement.
Resolved, That the Comptroller General be directed to proceed with all possible expedition in adjusting and prepairing for settle- ment all accounts between the United States and this State.
Resolved, That a Committee of Council be appointed to examine .the State and situation of the Comptroller General's office, and to report whether the said office has been conducted with that order,
331
SUPREME EXECUTIVE COUNCIL.
regularity, method and arrangement which are necessary in the transacting of public business.
And on the question, will Council agree to the postponement for the purpose aforesaid ? the yeas and nays were as follows, vizt :
Yeas. Nays. Nays.
Mr. President, Mr. Vice President,
Mr. Kucher, &
Mr. Smith,
Mr. Watts,
Mr. Miles.
Mr. Martin,
Mr. Read,
Mr. Potts,
Mr. Hartzell,
Mr. Edie,
Mr. Willing,
Mr. Gregg,
Mr. Wilson,
So it was determined in the negative.
The motion made by Colonel Miles, seconded by Mr. Willing, recurring on the question, "will Council adopt the same," the yeas and nays were as follows, vizt :
Yeas. Nays. Nays.
Mr. Vice President,
Mr. President,
Mr. Hartzell,
Mr. Willing,
Mr. Smith, Mr. Potts,
Mr. Miles,
Mr. Watts,
Mr. Gregg,
Mr. Wilson,
Mr. Read,
Mr. Edie.
Mr. Kucher.
Mr. Martin,
So it was determined in the negative.
A motion was made by Colonel Smith, seconded by General Watt, in the following words, to wit :
Resolved, That the Comptroller General be informed by Mr. Secretary, that Council highly disapprove of his conduct in altering three orders signed by Mr. Vice President in Council, and although the reasons assigned by him for so doing, tend to shew that he had no intention of injuring the community, yet Council think it neces- sary to instruct him in every instance of similar errors being dis- covered by him in orders drawn by direction of Council upon his reports, or those of the Register General, to give information of such errors to Council, that they may be corrected by the proper authority.
It was then moved by Colonel Miles, seconded by Mr. Vice President, to amend the said proposed resolution, by adding after so doing, the words if true. . And on the question, to agree to the said amendment, the yeas and nays were as follows, vizt :
Yeas.
Nays. Nays.
Mr. Vice President, Mr. President,
Mr. Gregg,
Mr. Wilson, Mr. Smith, Mr. Potts,
Mr. Miles, Mr Kucher,
Mr. Hartzell,
Mr. Edie,
Mr. Watt,
Mr. Martin.
Mr. Willing.
Mr. Read,
So it was determined in the negative.
332
MINUTES OF THE
And on the question, "will Council adopt the original motion made by Colonel Smith, seconded by General Watts," the yeas and nays were as follows, to wit :
Yeas. Yeas. Nays.
Mr. President, Mr. Hartzell,
Mr. Vice President.
Mr. Smith,
Mr. Potts, Mr. Wilson,
Mr. Watts,
Mr. Gregg; Mr. Willing,
Mr. Read,
Mr. Edie. Mr. Kucher,
Mr. Martin,
Mr. Miles.
So it was determined in the affrmative.
On motion,
Resolved, That the letter from the Comptroller General to Coun- cil of the twelfth instant, be entered at large on the minutes of Council, which letter is in the following words, to wit :
GENTLEMEN :- I herewith do myself the honor to lay before you, my books volume 1 and 2, in which the accounts of the pen- sioners have been kept, and as a difficulty arises respecting some of those accounts, wish them to be also laid before the Honorable the Council, that the whole may be open to their inspection.
The return which I made to the War office, which is said to differ from the orders of Court, was drawn out agreeably to a blank form prescribed by the Secretary at War, and which I received from your Honorable Board. It was delivered by me to Council and by them forwarded to the War office. It contained an abstract from these books exhibiting each disabled pensioner, and the aggregate of the payments to them respectively, from June, 1786, the date of last preceeding return untill it was made, December the seventh, 1789, as there were various changes in the monthly pension of several of them in the colume prescribed in the form, for the rate of pension per month, I set down each rate one after the other, which hath no doubt caused them to return the highest rate in some cases, instead of the existing allowance.
I have examined and compared the return of pensioners received from you on Saturday, with my books, and find that the return from Sharp Delany, Esquire, have exhibited the augmented pen- sion of the following persons, who in virtue of orders of Orphans' Court herewith received while they were doing duty in the guards, the full pension of five dollars each, amounting beyond the pension they were entitled to when not on said duty, as follows, vizt : Folio in books.
41, Joseph Simpson, £9 7 9
57, James Glover, from 1st January, 1787, till 1st April, 1789, 19 10 0
117, William Murray, from 1st August, 1786, till 1st August 1787, 13 10 0
119, Harminus Thornton, from 1st May, 1787, till ) first of April, 1788, is £12 7 6, afterwards rejoined £5 12 6 more, 18
333
SUPREME EXECUTIVE COUNCIL
125, James Sheridan, from 12th June, 1786, till 1st of May, 1787, 7 19
133, Peter Wemer, 23rd November, 1787, 12 16 9
152, John Lanes, 12th June, 1786, 38 18 6 1 6
154, Charles Wallington, 1 month & 2 days,
155, Paul Pimple, from 20th November, 1786, till the 8th October, 1787,
11 18 6
158, William Brooks, 1st September, 1786, till 1st November, 1788, 28 17 6
160, George Grace, 1st November, 1786, till 15th September, 1788,
25 10 3
168, John Vineal, 16th October, 1787,
3 17 3
169, Frederick Fultz, 6th December, 1787, till 1st of April, 1788, 1 89
200, John Buxton, 9th September, 1787, till 1st of Septem'r, 1788, 8 14 9
231, John Kusich, 23rd November, 1787, 20 1 6
232, Francis Ticout, 1st of October, 1788, 2 11 6
235, Joshua Peeling, 2 months,
1 10
261, Samuel Alsop, 6th October, 1787,
16
9 7
262, Charles Prout, 10 April, 1787,
5 6 6
272, John M'Gaughey, 2nd July, 1787,
8 3 6
277, Thomas Harroll, 8 months,
6
278, John Cartie, 1st April, 1787, 9 15
287, Lawrence Smith, 1st February, 1787,
11
5
288, Nicholas Neal, 6 months,
6 15
289, William Hannon, 2 months & 2 days,
1 11
304, Thomas Kelley, 5th of August, 1788, 7 11
12. The following differences are thus explained :
" George Keller, (see his account, he was paid ? up, & is due therefore difference,
11 5
13, Godfrey M'Donald, do.
do. 11 5
182, John Gregg was allowed only four dollars p'r) month, from the twenty-seventh of August, 1785, till the twenty-sixth of May, 1787, difference,
7 17 6
This order lay with Sharp Delany, Esquire.
191, David Jackson was allowed four dollars p'r) month, from June, 1785, till 1st November, 1787, difference,
10 13
This order lay with Sharp Delany, Esquire.
203, Charles Clarke was allowed in his order of Court, 716 more p'r month than was admis- sible by act of Assembly, or of Congress, dif- ference,
258, John Williams was allowed only two dollars) per month, from 10th of April, 1787, till 10th of April, 1788, difference,
The said lay with Sharp Delany, Esquire,
$
-1
37 0 6
4 10
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MINUTES OF THE
268, Conrad Grugg, (see his account, there was but £2 13 4 due him) difference,
1 16 8
Ballance of differences,
£84 7 8 214 6 11
££298 14 7
The three following are situated as therein stated :
Folio 167-Isaac Lewis. There is a mistake, either with Mr. Delany or in the return sent him from the War Office. In my return to the Secretary, his pension was stated at 25s per month, and, see his account, he never received more.
173-William Cougleton, private, was allowed half pay ; that was equal to 25s per month, and that was the sum he received.
144-James English, Sergeant, was also allowed half pay ; that was equal to five dollars per month, and was what he received.
268-Conrad Burg's name is inserted in the list a second time, but there is no remark opposite to it.
168-John Vineal, if I mistake not, when I gave him the certi- ficate, told me his name was John Jacob Vineal, and I believe I called him so in my certificate.
From the books you will observe mistakes in the following accounts :
John Ruddeau,
-
-
-
-
£3 15 0
John Modewell,
-
-
-
-
1 17 6
John Malony,
-
-
-
-
0
8
0
Henry Dougherty, -
-
-
7 10 0
Andrew Dale, -
-
0 2 6
- ¿ 13 13. 0
For the amount of these errors made by me, I hold myself ac- countable to the State, and have on the sixth ultimo given a list thereof to Mr. Delany, and requested him to endeavor to stop it at first payment of their pensions.
There is not any John Cook on the pensions list; there is a Jacob Cook, see folio 286, who hath been paid only to twenty-sixth of September, 1788, the time to which
There is no Thomas Nugent on the pension list. There is a John Nugent, see his account, folio 290; and he hath been paid only for one year, as ordered.
There is no James Townhill. There is a James Townehill, see folio 329 ; his pension hath been continued per the order inclosed, and paid per his account since the return was made to the War Office, and therefore not therein.
335
SUPREME EXECUTIVE COUNCIL.
The following, per their accounts at the folio referred to, will appear not to have drawn farther than the times allowed by the Court.
228, John Fitzimmons, till the 1st of October, 1788.
274, Frederick Paul, 5th of April, do.
. 291, Jacob Rodgers, 2nd of January, 1789.
259, John Snyder, 10th of October, 1787.
341, John Stone, 4 of do. 1788.
297, Jacob Weidman, 21 of January, 1789.
18, John Smith, order not limitted.
On examining this day the orders of Court lately delivered to Sharp Delany, I find that there are in his possession orders con- tinuing the pensions of
Thomas Jennings, for one year from January 2nd, 1789.
Alexander Thomas, one year from do. 5th, do.
Thomas Gaskins, one year from November 12th, 1788.
John Ross, continued from May 17th till May 1st, 1789.
Thomas McCormick had been paid only till April the eighth, 1788, when the return was made to the War office ; see his account folio 260; since which his pension hath been continued, per order herewith inclosed, and hath been paid till the first of May, 1789.
The continuance of the pension from year to year, by the Su- preme Court, was a matter of course, & designed principally to check, in case of the death of the pensioner; these orders continu- ing them, I find I have not been so particular about. I do not find them in my possession for the following, altho' some of them I. perfectly recollect were produced. Mr. Burd informed me that he was authorized during the sessions of the court, on applications to him, to give certificates continuing their pensions till May the first, 1789; and I have applied to him for such a certificate in favor of these persons. I would just observe that in referring to the orders. in Mr. Delany's possession, I find he hath likewise paid them without these orders of continuation, and he informed me that the: Chief Justice had told him in substance what Mr. Burd had in- formed me about it from which he was authorized to do it :
Samuel Alsop, Thomas Kelly, James Smith, Alexander Caul, Henry Conkle, .Thomas Mayberry, Isaac Lewis, William Bradley, John Taylor, Charles Proud, Jacob Betam, John Kusick, Luke Brodhead, Lawrence Smith, Andrew Dale and John McManus.
I applied to the Clerk of the Orphans' Court, on Saturday, for a copy of the orders authorizing the payment of the full pensions to the Invalids, while they were doing duty. I have received a copy of their first orders from the records, containing a number of them. As these persons afterwards went out, and others were called upon to do duty in the guards, it became necessary to extend the same justice to them also; and I applied personally to the Orphans' Court sitting, who without hesitation informed me that all such as should from to time be so called in, should during their
336
MINUTES OF THE
continuance therein be allowed the full pension, for altho' they. were not so much disabled but that they might do something for their support by their own industry, yet that when their time was employed for the public they were not on a better footing of sup- port than those wholly disabled. Several of them, besides their cloathing, &ca., had families, who must have suffered without some support from them. The Clerk recollects my personal application for this purpose, and hath been good enough to search diligently for the record thereof, but hath not found it yet ; but that no diffi - culty might remain, I have applied also to the Supreme Court in behalf of such of the said pensioners as are not contained in the enclosed order, who now possess the power to allow it. If that should not be done, nor the order of the Orphans' Court found, nor testimony from the Clerk and Justices of the Orphans' Court who were present when I applied making it sufficiently clear, I shall hold myself accountable to the State for the amount; and altho' it will be hard on the poor fellows, I will recover it out of their future pensions.
I have the honor to be, with great respect, gentlemen, your most obedient servant.
JOHN NICHOLSON. April 12th, 1790.
The Honorable the Committee of Council.
A letter from Peter Zachary Lloyd, Esquire, dated the fourteenth of April, 1790, inclosing his commission as a Captain of the Fifth company of foot in the first battalion of the militia of the city and liberties of Philadelphia, and requesting Council to accept his resignation of the said office, was received and read, and an order taken that the said resignation be accepted.
The Council met.
PHILADELPHIA, Friday, April 16th, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. James Read. Samuel Edie,
Amos Gregg, Frederick Watts, Jonas Hartzell, . Richard Willing, 1 Christopher Kucher, Zebulun Potts, and Esquires. William Wilson,
The Comptroller and Register General's reports upon the fol- ing accounts were read and approved, vizt :
Of Thomas Gay, for his services as an eighteen months' man in the late army of the United States, in the years 1781, 1782 and 1783, amounting to forty-five pounds.
837
SUPREME EXECUTIVE COUNCIL
Of Robert Kendall, for two months' pay for his services in Cap- tain Tagart's company of Bedford county militia, in June and July 1782, amounting to ten pounds thirteen shillings and six pence, in- cluding the State and Continental pay.
Agreeably to act of the General Assembly passed the twenty se- venth of March last, an order was drawn upon the Treasurer in favor of Reading Howell, for the sum of two hundred pounds, payable " out of the monies appropriated by law for claims and im- provements, when the same shall become sufficiently productive," being part of the sum of three hundred pounds granted by the said act of Assembly, to enable him to proceed in the work he bas un- dertaken of compiling a map of this State.
The Committee on the Gun-Powder Magazine made report of the value of Colonel Patton's lot, as ascertained by William Hall, James Craig, jun'r, Israel Wheelen and Hugh Roberts, vizt :
Five hundred and sixty-five pounds in specie, or the value there- of in paper money ; whereupon, it was agreed unanimously, that the Committee be instructed to negotiate the purchase of the lot, on the terms fixed as above.
On motion,
Resolved, That Tuesday next be assigned for the consideration of the recommendation of some of the Justices and Attorneys at Law in the county of Bedford, in favor of George Woods, Esquire, for the appointment of President of the several Courts of said county.
On motion of Colonel Miles, seconded by Mr. Gregg,
Resolved unanimously, That all the proceedings in Council since the sixth instant, relative to the Comptroller General, be published by the Secretary, and to prevent mistakes, when the copy shall be made, that it be read in Council previous to its publica- tion.
A draft of instructions to the Commissioners appoined by Coun- cil on the sixth instant, to view the Western waters, agrceably to resolution of Assembly of the thirty-first of March last, was laid before Council, and agreed to, as follows, vizt :
In Council, Philadelphia, April 16th, 1790.
GENTLEMEN :- Council having, in pursuance of the enclosed re- solution of the General Assembly of the thirty-first day of March last, appointed you Commissioners for the purposes expressed in the first part of the said resolution, you will without delay proceed to the head of the Quittapahilla, and from thence to the Swatara, and down the Swatara to the Susquehanna, then passing over that part of the Susquehanna which has been already examined by the Com- missioners appointed on the second of October, 1789, you will proceed to the mouth of the Juniata, where you are to recommence the examination proposed, and proceed up the Susquehanna to Sun- burry, and thence up the West Branch to Cinnamahoning, and up
338
MINUTES OF THE
the same to the Canoe Place, (so called.) or such place on the main Branch or the West Branch of Cinnamahoning, as will connect most easily with any practicable branch of the Allegany, the Con- sua, Toby's creek, or any other which may discharge itself into the Allegany nearest the mouth of French creek ; and thence examine French creek, up to Le Bœuff and the Portage to Presque Isle. You will also examine and explore any nearer and more conveni- ent communication which may be effected by land or water with Lake Erie. You will then return down the Allegany, and exam- ine the same from the mouth of French creek to the Kiskemane- tas, and up the Kiskemanetas to the Conemaugh, and up the Conemaugh to its forks with Stony creek, and from the same by the nearest branches which be improved by Canal or lock navigation, to the shortest portage which may be found to the Frankstown Branch of Juniata river, at or near the mouth of Poplar run, where Patrick Cassady now lives, and down the Franks- town Branch of Juniata to the head of Water Street, where the Commissioners of last year concluded the report of their work.
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