Resolved unanimously, That 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 of any Orphans' Court; and that the said Comptroller.General be considered as responsible to the Commonwealth for all sums so over-stated, and which have been or may be paid by the State Treasurer in consequence thereof. The Council met. PHILADELPHIA, Thursday, April 15th, 1790. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. A letter from the Honorable Thomas Jefferson, Esquire, Secretary 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 Quarter 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 thereupon, 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 suitable lot whereon to erect a gunpowder magazine, and who were instructed to consider of proper persons to ascertain the value of Colonel Patton's lot offered to Council for the purpose aforesaid, reported the names of the following gentlemen, vizt: Israel Wheelen and 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 General 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 September, 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 invalid 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 settlement 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, That Council will recommend to the General Assembly 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 settlement 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, 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: Mr. Gregg, Mr. Hartzell, Mr. Willing, 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: 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 necessary to instruct him in every instance of similar errors being discovered 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. Potts, Mr. Miles, Mr. Edie, Mr. Willing. Mr. Kucher, Mr. Hartzell, So it was determined in the negative. 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. Mr. Potts, Mr. Wilson, Mr. Gregg, Mr. Willing, Mr. Edie. Mr. Kucher, Mr. Miles. So it was determined in the affrmative. On motion, Resolved, That the letter from the Comptroller General to Council 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 pensioners 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 pension 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 79 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, 18 125, James Sheridan, from 12th June, 1786, till 1st 154, Charles Wallington, 1 month & 2 days, 155, Paul Pimple, from 20th November, 1786, till the 8th October, 1787, 1 6 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 9 261, Samuel Alsop, 6th October, 1787, 262, Charles Prout, 10 April, 1787, 272, John M'Gaughey, 2nd July, 1787, 289, William Hannon, 2 months & 2 days, George Keller, up, & is due therefore difference, do. 11 5 615 1 11 7 11 13, Godfrey M'Donald, 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, 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, This order lay with Sharp Delany, Esquire. 203, Charles Clarke was allowed in his order of Court, 716 more p'r month than was admissible by act of Assembly, or of Congress, difference, 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, 10 13 37 0 6 4 10 |