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The Council met.
Samuel Miles, Abraham Smith,
Henry Taylor, Lord Butler, An order was drawn upon the Treasurer in favor of Frederick Sneider, for fifteen pounds sixteen shillings and four pence, being the amount of his account for his wages as Noorkeeper to Council, from the first to the thirty-first of March, 1789, and for cash paid for sweeping two chinineys and carrying in fire wood.
Agreeably to the order of the day, Council proceeded to the appointment of an additional auctioneer for the city of Philadelphia, under an Act of General Assembly passed the twenty-seventh instant, and the ballotts being taken for the several candidates for that office, it appeared that Joseph Dean was duly elected.
On motion, Resolved, That the appointment of an additional auctioneer for the Northern Liberties be postponed until to.morrow.
Upon the second reading of the petition of John Thorn, who was convicted of an assault and battery upon a certaio negro Tom, pray. ing remission of the fine of three pounds to which he was sentenced for the said offence by the last Mayor's Court, and the recommendation of a number of respectable citizens in his behalf; it was
Resolved, That the prayer of the petitioner be granted.
The Council met.
PHILADELPHIA, Thursday, April 1st, 1790.
Henry Taylor, Lord Butler, Agreeably to the order of the day Council proceeded to the appointment of an additional auctioneer for the Northern Liberties, under an Act of General Assembly passed the twenty-seventh day of March last, and the ballots being taken for the several candi. dates for that office, it appeared that John Chaloner was duly elected.
An order was drawn upon the Treasurer in favor of the Hon. orable Samuel Miles, Esquire, for sixty-seven pounds ten shillings in full for his attendance in Council from the first day of January untill the last day of March, 1790, inclusively.
On motion, Resolved, That the report of the Committee appointed on the twenty-second of last month, to copfer with a Committee of the General Assembly relative to a disagreement in opinion between the Comptroller General and Register General on the meaning of the fourth section of the Act of Assembly passed the thirtieth of September, 1789, be adopted and entered at large on the minutes of Council, which report is in the words following, to wit:
Your Committee appointed to confer with the Committee of the General Assembly, report:
That your Committee did, in a free conferenoe, make it appear that the Supreme Executive Council had not been inattentive to the execution of the law entitled a supplement to an act entituled An Act for the appointment of a Register General for the purpose of registering the accounts of this state.
That by letters from the Comptroller and Register General, Council had been informed that a difference of opinion subsisted between those officers, respecting the meaning of the fourth section of the said law; that Council by their Committee examined into the complaint, beard the parties and the reasons urged by them in support of their several opinions.
That Council, after the most mature examination into the meaning of the law, found themselves incompetent to define with precision its true design, it appearing to them that the duty which the Register required from the Comptroller, was no where explicitly enjoined, but inferred by a doubtful implication ; that it seemed in the terms too obscure, and the meaning of the Legislature too uncertain, to warrant any measures being taken to enforce the opinion of the Register General.
That Council, for their further satisfaction, bad called for the opinion of the Attorney General, which was so expressed as greatly confirm their apprehension of the doubtfulness of the expressions in the law. Your Committee presented the official opinion of the Attorney General unto the Committee of the General Aesembly:
Your Committee also suggested that Council would have made this subject a part of the message which they had the honor of transmitting to the General Assembly, if they had not thought it more proper to make it the subject of a conferrence which they designed to request, but were prevented from doing so by the manner in which the business had been introduced before the Legisla. ture.
Your Committee recommend the enacting of a new law, respecting the duties of office which are misunderstood by the Comptroller and Register Generals, as the only effective mode in which the Legislature could express their meaning, and suggested the necessity of the duties of office beiog so clearly defined, as to render de. partures therefrom by the officers inexcusable, and so as to enable the Executive Council to compel obedience.
The Council met.
Philadelphia, Saturday, April 3rd, 1790.
Richard Willing, 7
Samuel Edie, and
William Wilson, A letter from Mr. Secretary Jefferson to the President of the State, dated the thirtieth of March last, inclosing a German letter signed John Gupther, soldier of the Swiss regiment Hirzel, in the service of the United Netherlands, relative to some property in this State, supposed to belong to him, was received and read, and the same referred to the Secretary to take order thereon..
A transcript from the journals of the Assembly, containing a report of a committee, and a resolution of the House dated the thirtyfirst of March last, authorizing Council to appoint three skilfull persons Commissioners to examine and survey the waters of the Quittapabilla, Swadara, part of Susquehanna and Juniata rivers, the waters of Sinnamahoning creek, some of the waters of Al. legany river, Presque Isle, &ca., and also three other Commissioners to explore the country near the head waters of Delaware river, Equinuok creek, and the Lehigh, was received and read, and Tuesday next appointed for going into the appointment of the said Commissioners.
Agreeably to an act of the General Assembly passed the twentyseventh of March last, John Cannon, Benjamin Burd, and Wil. liam Elliott, Esquires, were this day appointed Commissioners to audit and settle the accounts of the Commissioners, Treasurer, and Wood Rangers, of the county of Bedford, relative to the county taxes and monies arising therefrom, and from the sale of stray horses, prior to the twentieth of September, 1787, on wbich day the county of Huntingdon was erected, which monies are to be di. vided by the said commissioners between the counties of Bedford and Huntingdon, in the manner divided by the said act, after mak. ing the deductions therein provided for.
Blair McClenachan and William Ralston, were offered as sure.. ties for Joseph Dean, Esquire, Auctioneer for the city of Philadel. phia, and Thomas Lea and Leonard Dorsey, for Jobn Chaloper, Esquire, Auctioneer for the Northern Liberties; and it was agreed to accept of them as such.
The Council met.
PHILADELPHIA, Monday, April 5th, 1790.
Frederick Watts, 7
The Comptroller and Register General's reports upon the following accounts were read and approved, vizt :
Of Mary Mackey, administratrix of John Mackey, deceased, for the pay of the said John Mackey as an eighteen months' man, in the late army of the United States, amounting to thirty-six pounds.
Of Robert Martin, Esquire, for his own services and the wages of six men employed in December, 1775, in pursuunce of a resolution of Assembly of the late province of Pennsylvania, dated November the twenty-fifth, 1775, for enforcing the laws of Penn. sylvania against the Connecticut settlers at and near Wyoming, and for supplies of provisions, forage and stores for the said men, amounting to eighty-two pounds tbirteen shillings and eight pence, as settled by the said Comptroller and Register General, according to act of General Assembly passed the twenty-seventh day of March last.
Of Aaron Levy, for supplies furnished to the said men under the said resolution of Assembly, by order of the Justices of Northumberland county, in December, 1775, amounting to forty.four pounds twelve shillings and five pence, as settled by the Comptroller and Register General, according to the said act of Assembly.
A letter from Daniel Brodhead, Esquire, Surveyor General, dated the third instant, informing Council that he has appointed Moses McClean, Esquire, to be Deputy Surveyor of the townships of Cumberland, Franklin, Hamilton, Bann, Marallin, Tyrone, Stra. ban, Mount Pleasant, Mountjoy, Germany, Heidleberg, Manheim, and Codorus, in the county of York, and submitting the said appointment to Council for their approbation, agreeably to act of General Assembly passed the eighth day of April, 1785, was received and read; and thereupon,
Resolved, That Council approve of the said appointment.
Upon the second reading of the report of the Committee to whom was referred the letter from the Comptroller General, informing Council that a number of public certificates were deposited with the late Treasurer for the security of a sum of money due from Francis Wade to the Commonwealth, for which judgment hath been obtained and execution issued,
Resolved, That the assignees of Francis Wade be informed that unless the demand of the Commonwealth against him be satisfied within three months, orders will'issue by Council to the late Treasurer to dispose of the said certificates for the benefit of the State.
A draft of a letter to the Speaker of the General Assembly, was laid before Council and adopted, as follows, vizt :
In Council, Philadelphia, April 5th, 1790. SIR :-Council requests a conferrence this morning with a Com. mittee of the General Assembly on that part of their message to the Legislature of the twenty-fifth day of August, 1789, which relates to the gunpowder magazine.
I am Sir, with great respect,
THOMAS MIFFLIN. Hon'ble the Speaker of the General Assembly.
On motion, Resolved, That Colonel Miles, Colonel Smith, and Mr. Read, be appointed a Committee to confer with the Committee of Assem. bly when appointed, on the subject aforesaid.
A letter from Zebulun Butler, Esquire, Lieutenant of the county of Luzerne, relative to a division of the second battalion of the militia of that county, and inclosing a certificate of the election of Elisha Blackman, to be first Lieutenant, and Abraham Bradley, second Lieutenant of the Light Infantry company, of Colonel Hollenback's battalion of the militia of that county, was received and read, and commissions directed to issue agreeably thereto.