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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 Bæuff 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 Frankstown Branch of Juniata to the head of Water Street, where the Commissioners of last year concluded the report of their work.
If any difficultys occur in the execution of the duties required of you by these instructions, you will give information thereof to the Supreme Exccutive 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 unnecessary expence and delay.
I am, gentlemen, with great respect,
Commissioners appointed to view the Western waters.
The Council met.
PHILADELPHIA, April, Saturday 17th, 1790.
James Read, William Wilson,
> Esquires. Samuel Edie, Upon application of Timothy Matlack, in behalf of himself, Samuel 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 inserted 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.
James Read, Richard Willing,
Samuel Miles, Zebulun Potts, Agreeably to the Register and Comptroller General's reports, the following orders were drawn upon the Treasurer :
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 dated the fourth of April, 1785.
In favor of Alexander McClean, Esquire, for the sum of one hundred 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, marking 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 Moyamensiug 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,
Resnlved, 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 wbich has been forwarded by bim to the Lieutenant of Washington county in this State, authorising him to embody any number of men not exceeding eight, for a temporary security to the frontiers of this state, was received and read.
The Council met.
PHILADELPHIA, Tuesday, April 20th, 1790.
James Martin, 7
Richard Willing, L
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, inclusively.
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
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.
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 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 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 Thompson, nor hath any determination in Council taken place against said decree of the Orphans' Court.
The Council met.
PHILADELPHIA, Wednesday, April 21st, 1790.
Samuel Miles, Zebulun Potts, 2
Richard Willing, and 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
VOL. XVI -23.
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 tbem, and pot 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 dispepsing 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 there with, this high crested assumption of power is of a pature 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 bim to be unworthy of public trust and con
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 luvalid 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 forth with furnished, thereby preventing the salutary ends intended by the Legislature.
He bas 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 bas, contrary to his duty and oatb of office, (as we conceive,) returned to the Supreme Executive Council pensions due to invalids soldiers, in consequence whereof orders bave 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.