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 Secretary take order thereon.

was

On motion of Mr. Wilson, seconded by Mr. Vice President, it

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 recommended 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. Catherine 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 petitioner 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 Thompson, nor hath any determination in Council taken place against said decree of the Orphans' Court.

His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President.

The Vice President produced: reasons for voting in favor of the 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 dismissing John Nicholson, Esquire, from the office of Comptroller General.

1st. 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 conduct has manifested him to be unworthy of public trust and confidence.

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 direction 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 invalids 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 intending, by false returns, to impose on the Supreme Executive Council, and cause payment to be, made contrary to law.

2ndly. Because, from the variety of important matters belonging to the office of Comptroller General, the Commonwealth and individuals 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 reports 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 inveloped.

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 following 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 Commonwealth 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 unworthy 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 endeavours to bring others into it, of taking up arms to prevent the free and unbias'd sentiments of the good people of this Commonwealth, being taken in the manner proposed by the General Assembly 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

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 second district of Donation lands, due to the estate of John Henderson, deceased, late surveyor of that district, amounting to two hundred 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 Franklin, (deceased,) who was formerly President of the Board.

NOTE-Mr. Gregg and Mr. Potts could not consistently agree to the said resolution.

The Council met.

PHILADELPHIA, Thursday, April 22nd, 1790.

PRESENT:

His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President.

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 coming to Philadelphia and going home since January last.

The Register and Comptroller General's reports upon the accounts 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

L

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.

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 shillings 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