USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 31
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If any difficultys occur in the execution of the duties required of you by these instructions, you will give information thereof to the Supreme Executive Council, that such difficulties may, if possible, be removed.
When you have compleated the business, you will make report to the Board of your proceedings, together with an estimate of the expences that may in your opinion be necessary to carry the said resolution into execution.
Council have thought proper to allow you seventeen shillings and six pence per diem for your services in this business, including your personal expences.
The charges which may necessarily arise from the hire of horses, boats and assistants, will be allowed by Council. At the same time it is earnestly recommended to you to avoid every uunecessa- ry expence and delay.
I am, gentlemen, with great respect,
Your most obedient and most humble servant,
THOMAS MIFFLIN.
To Timothy Matlack, Samuel Maclay and John Adlum, Esquires. Commissioners appointed to view the Western waters.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, April, Saturday 17th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
James Read, William Wilson,
Amos Gregg, Richard Willing, and
Samuel Miles,
Zebulun Potts,
Esquires.
Samuel Edie, -
Upon application of Timothy Matlack, in behalf of himself, Sam- uel Maclay and John Adlum, Esquires, Commissioners appointed by Council on the sixth day of April, instant, in pursuance of a resolution of Assembly of the thirty-first day of March last, an or- der was drawn upon the Treasurer in their favor for the sum of one hundred pounds, payable out of the six hundred pounds appropri- ated by the said resolution, and to be charged to the fund appropri- ated by act of Assembly passed the twenty-eighth of September, 1789, for claims and improvements, towards defraying the expence of carrying, the said resolution into execution, for which the said Commissioners are to account,
On motion of Mr. Miles, seconded by Mr. Gregg, it was
Resolved, That the preamble of the report of the Committee of the fourteenth instant, relative to the Comptroller General, be in- serted on the minutes of Council, and that the same be published in its proper place with the other proceedings on that business, and that the letter from the Comptroller General to Council, of the sixth instant, acknowledging his having altered certain warrants of Council, be also entered on the minutes, in its proper place, and published with the said proceedings, according to its date.
The Council met.
PHILADELPHIA, Monday, April 19th, 1790.
PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
James Read, Richard Willing,
Christopher Kucher, Samuel Edie,
Amos Gregg,
William Wilson, and
Esquires. Samuel Miles,
Zebulun Potts,
Agreeably to the Register and Comptroller General's reports, the following orders were drawn upon the Treasurer :
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In favor of James Duncan, for the sum of fifty pounds, being one quarter's salary due to him on the tenth instant, as Clerk in the office of the Comptroller General, according to act of Assembly da- ted the fourth of April, 1785.
In favor of Alexander McClean, Esquire, for the sum of one hun- dred and forty-three pounds four shillings, being the amount of his account for his services in surveying two tracts of land which were reserved for the use of the State, the one opposite Fort Pitt, and the other at Fort Mackingtosh; for running a meridian line, mark- ing off the districts, &ca., between the depreciation and donation lands, for the pay. to assistants, furnishing them with provisions, calculating and drafting.
The petition of Jonas Philips, praying to be appointed auctioneer for the district of Moyamensing in the county of Philadelphia, was read the second time, and it appearing that there is no vacancy in that district, Mr. Footman not having resigned his appointment ; it was unanimously,
Resolved, That the said Jonas Philips have leave to withdraw his petition.
A letter from Henry Knox, Secretary at war of the fifteenth in- stant, inclosing a copy of a letter which has been forwarded by him to the Lieutenant of Washington county in this State, authorising him to embody any number of men not exceeding eight, for a tem- porary security to the frontiers of this State, was received and read.
The Council met.
PHILADELPHIA, Tuesday, April 20th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
James Read, James Martin, r
Amos Gregg, Richard Willing, Esquires.
Christopher Kucher, William Wilson, and
Samuel L'die, Zebulun Potts,
An order was drawn upon the Treasurer in favor of the Honor- able James Martin, Esquire, for fifty-four pounds fifteen shillings, being the amount of his account for attendance in Council from the seventh of February untill the twentieth of April, 1790, in- clusively.
On motion of Colonel Wilson,
Resolved, That the Comptroller General be directed to furnish Council with an accurate list of all unclaimed certificates remain- ing in his hands ; also, a list of all such certificates as have been
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SUPREME EXECUTIVE COUNCIL.
claimed agreeably to the act of Assembly of the twenty-fifth of March, 1786.
Upon the application of Anthony Wright, Quarter Master of the regiment of artillery of this city, for a quantity of gun powder for the purpose of firing minute guns during the procession of the funeral of Doctor Benjamin Franklin, it was agreed that the Sec- retary take order thereon.
On motion of Mr. Wilson, seconded by Mr. Vice President, it was
Resolved, That George Woods, Esquire, who was appointed, on the sixth instant, a Justice of the Court of Common Pleas and of the Court of General Quarter Sessions of the county of Bedford, be also appointed and commissionated President of the said Courts, and of the Orphans' Court of the county aforesaid, he being re- commended to Council by a number of Justices and Attorneys at law in the said county, as a suitable person to fill the said office.
A petition from Galbreath Patterson in behalf of Mrs. Cathe- rine Thompson, widow of the late Brigadier General William Thompson, deceased, was read; and thereupon it was
Resolved, That the following certificate be given to the peti- tioner by the Secretary, vizt:
In pursuance of the directions of Council, I do certify that no warrant hath issued from the Board since the seventeenth of June, Anno Domini, 1789, to the State Treasurer to pay Mrs. Catherine Thompson her pension, which was decreed to her by the Orphans' Court of Cumberland county, as widow of Brigadier General Thomp- son, nor hath any determination in Council taken place against said decree of the Orphans' Court.
The Council met.
PHILADELPHIA, Wednesday, April 21st, 1790,
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Zebulun Potts,
Amos Gregg, Christopher Kucher, Richard Willing, and
William Wilson,
Samuel Edie, Esquires.
The Vice President produced reasons for voting in favor of the 6
motion of Colonel Miles, for removing the Comptroller General from office; whereupon, it was
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Resolved, unanimously, That they be entered on the Journals as follows, to wit:
Reasons for voting in favor of the proposed resolution for dis- missing John Nicholson, Esquire, from the office of Comptroller General.
Ist. Because it is essential to the rights of a free people whose Government is that of laws that they should be ruled by them, and not by the will of individuals. The moment this principle is disregarded, the will of the people, manifested by their laws, ceases to operate, and the rights of sovereignty are sacrificed by petty usurpers. When the power of dispensing with laws is assumed by private persons, chastisement should attend the offence; but when those who are intrusted to administer and sworn to execute them, dare to dispence therewith, this high crested assumption of power is of a nature still more criminal. It then becomes, in our opinion, the duty of those who are specially enjoined to see the laws faithfully executed, to remove from office any man whose con- duct has manifested him to be unworthy of public trust and con- fidence.
In this light, we conceive ourselves bound to consider the present Comptroller General.
It appeared, on a former occasion, that he assumed the power of issuing a commission in his own name to a person as Commanding Officer of the Invalid Corps, of taking upon himself the supreme command & direction of the said Corps, and causing them to be employed under his own authority, and without that of the Civil Magistrate in the service of the Naval Officer, and in a manner not authorised by law.
He has refused or neglected in direct contravention of a positive law, to furnish the Register General with the accounts of ballances directed by an act of the Legislature, passed the twenty-ninth of September, 1789, to be forthwith furnished, thereby preventing the salutary ends intended by the Legislature.
He has been detected of altering the sums expressed in several warrants or orders drawn upon the Treasurer of this State, by di- rection of the Supreme Executive Council, and signed by the Vice President.
He has, contrary to his duty and oath of office, (as we conceive,) returned to the Supreme Executive Council pensions due to inva- lids soldiers, in consequence whereof orders have been drawn on the Treasury, and the moneys been paid without certificates from any Court to justify such returns, when he well knew, as appears by his letter to Council, that his returns were false, thereby either assuming to himself a power which exclusively belongs to the Courts of law of determining who are entitled to pensions, or in- tending, by false returns, to impose on the Supreme Executive Council, and cause payment to be made contrary to law.
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SUPREME EXECUTIVE COUNCIL.
2ndly. Because, from the variety of important matters belonging to the office of Comptroller General, the Commonwealth and indi- viduals are deeply interested in proper method and arrangement being observed in the transacting thereof, and in the books of the said office being kept in due and regular order. Yet, from the re- ports of different committees made to the Legislature and acted upon, it appears that he is guilty of great and dangerous omissions. From the extensive trusts committed to him, the safety of the people required that the best method should be observed in their execution ; but from the confused and imperfect state of his books, all endeavors to detect fraud or error may be effectually baffled, and the public left to lament the maze in which they are invel- oped.
3rdly. Because a report of a committee of this Council is, that the Comptroller General had produced to the Executive Council a variety of accounts for sundry persons said to be invalids and pensioners, for which, in consequence thereof, orders have issued for payment on the Treasury, when at the same time it did not appear he was authorized for so doing, not having orders from any Court for his justification, " was unanimously adopted, and the fol- lowing resolution in like manner agreed to:"
"Resolved, That the Council highly disapprove the conduct 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 any Orphans' Court, and that the said Comptroller General be considered as responsible to the Com- monwealth for all monies so over-paid, and which have been paid by the State Treasurer in consequence thereof."
If this report and resolution are well founded, (which, with the unanimous voice of the Board in their favor will hardly be doubted,) they contain sufficient matter for removing the offenders, unless we are wrong in the supposition that offices are created for the good of the people, and not for the individuals who may happen to fill them. And we cannot, without betraying our trusts and the duties we owe to ourselves and our constituents, consent to the longer continuing a man in office who has shewn himself to be so unwor- thy of it.
4th. Because it appears by a letter read by a member in his place, in the hand writing of the Comptroller General, that he had not only advised the measure, but had been strenious in his en- deavours to bring others into it, of taking up arms to prevent the free and unbias'd sentiments of the good people of this Common- wealth, being taken in the manner proposed by the General As- sembly on the question of calling a convention to revise, and if there should be occasion to alter and amend the Constitution of this State, thereby endeavoring as much as in him lay, to cause a civil war, and to deluge the country in blood.
Conceiving the honor and dignity of the State to be wounded, her interests endangered, and encouragement to all others offen-
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ders by so daring a one being longer continued in an office, the duties of which he has already betrayed ; we have thought proper to assign these our reasons for voting for his dismission, and desire that they may be recorded in justification of our conduct.
GEORGE ROSS, RICHARD WILLING, SAMUEL MILES, CHRISTOPHER KUCHER, WILLIAM WILSON.
The Register and Comptroller General's report upon the account of the surveying fees of such lots as remain undrawn in the sec- ond district of Donation lands, due to the estate of John Hender- son, deceased, late surveyor of that district, amounting to two hun- dred and eighty-one pounds ten shillings, was read and approved, for which sum an order was drawn upon the Treasurer in favor of Thomas Shields, who is attorney to the administrators of the said deceased.
On motion,
Resolved, That the members of this Board wear a black crape round the left arm for one month, as mourning for Doctor Frank- lin, (deceased,) who was formerly President of the Board.
NOTE -Mr. Gregg and Mr. Potts could not consistently agree to the said resolution.
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The Council met.
PHILADELPHIA, Thursday, April 22nd, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
James Read, William Wilson,
Christopher Kucher,
Samuel Edie,
Amos Gregg, James Martin, and
Esquires.
Zebulun Potts, Richard Willing,
An order was drawn upon the Treasurer in favor of the Hon'ble Zebulun Potts, Esquire, for one hundred and eleven pounds in full of his account for attendance in Council from the twenty first of November, 1789 to the twenty-second of April, 1790, the last day included (deducting six days' absence,) and for mileage twice com- ing to Philadelphia and going home since January last.
The Register and Comptroller General's reports upon the ac- counts for a bay horse, saddle and bridle, which he furnished to a corps of militia light horse in the late army, and which were taken
345
SUPREME EXECUTIVE COUNCIL.
by the enemy in 1778, valued at sixteen pounds eight shillings, was read and approved.
The report of the committee on a memorial from Captain James Christie, respecting an order drawn in his favor for one hundred and sixteen pounds ten shillings, on the tenth of January, 1788, for the surveying fees of his district of Donation lands, which order has been detained by the Comptroller General on account of a claim of the Commonwealth against the said Christie, and which is now at issue on an amicable suit between the State and him, being mislaid,
It was on motion of Mr. Wilson, seconded by Mr. Edie,
Resolved, That the Comptroller General be directed to deliver the said order to Captain Christie so soon as he shall produce a certificate from the Attorney General that the said Christie hath given to him satisfactory security for complying with the award of . the referrees or jury.
The Council met.
PHILADELPHIA, Friday April 23rd, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Amos Gregg, ?
Christopher Kucher,
Zebulun Potts,
Samuel Edie,
William Wilson, and
Esquires.
Richard Willing,
James Martin,
James Read,
Upon the second reading of the report of the committee to whom was referred the petition of Messieurs Read and Forde, Merchants, praying repayment of the sum of fifty-four pounds seventeen shil- lings and five pence by the late collector of duties for this State, being for interest charged them on certain duties which became payable from them to the Commonwealth,
Resolved, That Sharp Delany, Esquire, the late State Collector be instructed to return to Messieurs Reed & Forde a deposit amounting to fifty-four pounds seventeen shillings and five pence, being the amount of interest money on certain duties which has not been received from any other person in a similar situation with themselves.
An account of Anthony Wright, Quarter-Master Serjeant to the regiment of artillery of this city, for powder, flannel, &ca., supplied by order of Council on occasion of the funeral of Doctor Benjamin Franklin, amounting to twenty-two pounds nine shillings and eight pence, was laid before the Board ; whereupon, an order was taken
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that the Secretary pay the same, and charge it in his account of incidental expences.
A written application from Samuel Briggs for the delivery to him of a model of a machine for making nails, screws and gimblets, which was left in the care of the Secretary of Council agreeably to his memorial which accompanied it, to be delivered to the order of the Congress of the United States, or the General Assembly of this State, was presented to Council, and read; whereupon. it was agreed that the Secretary deliver to Samuel Briggs the box above mentioned.
The Council met.
PHILADELPHIA, Monday, April 26th.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, Presid't.
Amos Gregg.
Samuel Edie,
Christopher Kucher, James Read,
Richard Willing,
Esquires.
William Wilson,
Zebulun Potts,
James Martin,
A letter of instructions to the Commissioners appointed by Coun- cil on the sixth instant, to explore the country at and near the head waters of the rivers Delaware, Schuylkill, Lehigh, and the north-east branch of Susquehanna, agreeably to resolution of As- sembly of the thirty-first of March last, was this day signed by the President, as follows, to witt :
In Council, Philadelphia, April 26th, 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 last part of the said resolution, you will, without delay, proceed to explore the country, and ascertain the best and shortest distance from the Delaware, near the forks of the Mohawk and Popaughton branches, to the great bend on the Susquehanna, and thence pro- ceed down the Susquehanna to the mouth of Tioga, and from thence to the junction of the east and west branches. On your. return from thence you will explore the Lehigh, from its head to the Turnhole, and also examine and explore the Tobehanna and the Schuylkill, from Hamburgh, where the Commissioners of last year concluded their work, to the mouth of Tamaquay, or Little Schuyl- kill, as far as good draft navigation may be supposed to extend. If any difficulties occur in the execution of the duties required of you by these instructions, you will give information thereof to the Supreme Executive Council, that such difficulties may, if possible, be removed.
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SUPREME EXECUTIVE COUNCIL.
When you have compleated the business, you will make report to the Board of your proceedings, together with an estimate of the expence that may, in your opinion, be necessary to carry the said resolution into execution.
Council have thought proper to allow you seventeen shillings and six pence specie per diem for your services in this business, in- cluding your personal expences. The charges which may necessa- rily arise from the hire of horses, boats, and assistants, will be al- lowed by Council ; at the same time it is earnestly recommended to you to avoid every unnecessary expence and delay.
I am, gentlemen, with great respect, your most obedient and humble servant,
THOMAS MIFFLIN.
To Reading Howell, Frederick Antes, & William Dean, Es- quires.
Letters from the Honorable Thomas Jefferson, Esquire, Secre- tary of State, of the fifteenth and nineteenth instant, inclosing two copies of the act of Congress to promote the progress of usefull arts, and of the act further to suspend part of an act entituled An Act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchan- dizes imported into the United States, and to amend the said act, were received and read, and a letter written by the President, ac- knowledging the receipt of said letters and inclosures.
-
The Council met.
PHILADELPHIA, Tuesday, April 27th, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Zebulun Potts,
Amos Gregg, Samuel Edie,
Christopher Kucher, Richard Willing,
William Wilson,
Esquires.
Upon the report of the committee to whom was referred the ap- plication of Timothy Matlack, Esquire, in behalf of himself and Samuel McClay and John Adlum, Esquires, Commissioners ap- pointed to explore the western waters, agreeably to a resolution of the General Assembly of the thirty-first day of March last, an or- der was drawn in favor of the said Commissioners, for two hundred pounds, payable out of the six hundred pounds appropriated by the said resolution, and to be charged to the fund provided by act of Assembly passed the twenty-eighth of September, 1789, for
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claims and improvements, to enable the said Commissioners to pro- ceed in the business of their appointment, and for which sum they are to account.
An order was also drawn upon the Treasurer in favor of Reading Howell, Frederick Antes, and William Dean, Esquires, Commis- sioners appointed to explore the north-east branch of Susquehanna, the head waters of the rivers Delaware, Lebigh, and Schuylkill, and the country near the said waters, agreeably to the last part of the said resolution, for the sum of one hundred and thirty-nine pounds three shillings, payable out of the six hundred pounds ap- propriated by the said resolution, and to be charged to the fund provided for claims and improvements, as before mentioned, to en- able the said Commissioners to proceed in the business assigned to them, in pursuance of the said resolution, for which sum they are to be accountable.
Upon the second reading of a petition from Thomas Black, of the county of Northumberland, it was
Resolved, That the fine of ten pounds to which he was sentenced by the Court of General Quarter Sessions of the Peace of the said county, for fornication and bastardy, be remitted.
The Council met.
PHILADELPHIA, Wednesday, April 28th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, William Wilson, ?
Christopher Kucher, . John Wilkins, (now
Richard Willing, returned,) and Esquires,
Samuel Edie,
Amos Gregg,
Zebulun Potts,
An order was drawn upon the Treasurer in favor of the Hon'ble Richard Willing, Esquire, for sixty-six pounds, in full of his ac- count for eighty eight days attendance in Council, between the sixth day of January and twenty-eighth day of April, 1790, the last day included.
The Register and Comptroller General's reports upon the account of Captain Charles Krause, for the pay of his company of Berks county militia, from the sixteenth of August to the sixteenth of October, 1781, while employed in guarding the Convention prison- ers near Reading, by which a ballance of two hundred and seventy- seven pounds five shillings and two pence appears to be due to the said company, was read and approved.
Upon the report of the committee to whom was referred the let- ter of the Comptroller General dated the thirteenth of January,
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SUPREME EXECUTIVE COUNCIL.
1790, respecting the business to be transacted between him and the Comptroller General of the United States, relating to the exchange of certificates,
Resolved, That the Comptroller General be and he hereby is instructed, on the return of certificates of debts of the United · States, entered on the books of the Register of the Treasury, which have been assigned to the Commonwealth of Pennsylvania, for new loan certificates, presented to be exchanged therefor, to deliver therewith a letter of attorney, or other proper instrument, to the party receiving such certificate, to the end that as the said certifi- cates are not assignable, or payable to bearer, the party may be enabled to reinvest the property in themselves, by a retransfer on the books of the Treasury of the United States.
Upon the second reading of the petition of Eleanor Brown, now confined in the jail of this city, who was convicted of keeping a disorderly house, and sentenced by the Mayor's Court to be im- prisoned at hard labor until the fourth of July next, and to pay a fine of twenty pounds to the use of the Commonwealth, it was
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