The Council met. PHILADELPHIA, Tuesday, April 14th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. An order was drawn upon the Treasurer in favor of John Nicholson, Esquire, for the sum of two hundred pounds, being one quarter's salary due to him as Comptroller General of the account of this State, ending the thirteenth instant. 'The Council met. PHILADELPHIA, Wednesday, April 15th. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. The following orders were drawn upon the Treasurer, vizt: In favor of the Honorable William Augustus Atlee, Esquire, for one hundred and fifty pounds, being one quarter's salary due to him as one of the Judges of the Supreme Court, ending the twenty-fifth of March last, according to the Comptroller General's report. In favor of John Nicholson, Esquire, Comptroller General, for fifty pounds, being one quarter's salary due to his clerk, according to act of General Assembly dated the fourth day of April, 1785. Upon the petition and recommendation in favor of James McPherson, of the county of Allegany, convicted of an assault and battery, praying remission of the fine of five pounds, to which he was sentenced by the Court of General Quarter Sessions of the said county, for the said offence, Resolved, That the fine of five pounds aforesaid be remitted. A petition from George Ingram, in behalf of himself and his wife, praying remission of the fines and punishment at hard labour to which they have been sentenced upon being convicted of receiv ing stolen goods knowing them to be such, was read and rejected. The further investigation of the complaint of Richard Wells against the Comptroller General and Naval Officer, was postponed until to-morrow. Council adjourned in order to give the committee to whom was referred the petitions from sundry inhabitants of Montgomery county, time to continue the inquiry respecting the contested election of Justices of the Peace in the district of the townships of Limerick, New Providence and Skippack, in the said county. The Council met. PHILADELPHIA, Thursday, April 16th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. Agreeably to order, Council resolved itself into a committee of the whole, to proceed to the further investigation of the complaint of Richard Wells against the Comptroller General and Naval Officer. A representation from the Comptroller General and William Hassal's account of expences charged to account of the ship Aune were received and read; after some time spent in the said business, the President resumed the chair, and Mr. Read reported that the committee had heard the allegations in support of the charges contained in the memorial of Richard Wells, as well as the defence of the Comptroller General and Naval Officer. On motion, Resolved, That the further consideration of the said business be postponed until to-morrow. Julge Bryan and the Attorney General attended and gave Council some information relative to the title of the Commonwealth to a certain lot of ground situate between Cedar street and Lombard street, in the city of Philadelphia, now claimed by Thomas Clifford and Miers Fisher, attornies in fact of Christiana Gulielma Gaskill of London, widow, under an original grant from William Penn, Esquire. The Council met. PHILADELPHIA, Friday, April 17th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. Agreeably to the order of the day, Council resumed the further consideration of the memorial of Richard Wells, complaining of the conduct of the Comptroller General and Naval Officer in the case of the ship Aune, together with the defence of the said officers, and proceeded to consider separately the charges contained in the said memorial in the order in which they were made; and thereupon the first charge was read, as follows, vizt: "The Captain of the Guard of Invalids, together with a number of soldiers, were, without order of Council, called forth and placed on board the ship Anne, by the privity and procurement of Frederick Phile, Esquire, Naval Officer, where no danger was threatened to the State, nor resistance to be apprehended; where a lawless soldiery presented their musquets with fixed bayonets against the owners, when approaching to inquire the cause of their being on board, and of this outrage against the civil authority, it was alledged that the Comptroller General, John Nicholson, Esquire, was a party." the On the question, "Is the said charge supported?" being put, yeas and nays were as follows, vizt: YEAS-The President, The Vice President, Mr. Miles, NAYS-Mr. Redick, Mr. Willing, Mr. Gregg, Mr. Kucher, and Mr. Edie. Mr. Potts, Mr. Dennison, and The Board being equally divided, the question was determined against the charge. The second charge was read as follows, vizt: "Your Comptroller and Naval Officer have assisted in and given a sanction to a breach of the express law of the land, assuming powers not even exercised by Council," to wit, employing underbidders, purchasing the ship for the State and selling her at a lower price, without order from the Council. And on the question "Is the said charge supported?" being put, it was determined in the negative. The third charge was read as follows, vizt: "Your Comptroller hath passed and allowed public accounts, one of them falsely made out and others exorbitant in their nature and unwarranted by any authority vested in him." It was then moved and seconded to postpone the consideration of the said charge, in order to introduce a motion to require Mr. Cowperthwaite to produce to the Comptroller General for adjustment and settlement an account of sales of the ship Anna. On the question to postpone for the purpose aforesaid being put, it was determined unanimously in the affirmative; thereupon Resolved, That Joseph Cowperthwaite, Esquire, late Sheriff of the city and county of Philadelphia, be and he hereby is directed forthwith to produce to the Comptroller General an account of sales of the ship Anna, for immediate settlement. 66 Council resumed the consideration of the third charge, and on the question "Is the said charge supported?" being put, it was unanimously determined in the negative. The fourth and last charge was read as follows, vizt: "Your Comptroller, in his official capacity, hath been guilty of mistating facts to Council, and arresting hard money in its progress into the Treasury, delivering in the room thereof orders of Council on the Treasury, and your Naval Officer hath acted improperly in his office." And on the question "Is the said charge supported ?" being put, it was unanimously determined in the negative. The Council met. PHILADELPHIA, Saturday, April 18th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. Agreeably to the minute of the thirteenth day of March last, the President laid before the Board a draft of an address from Council to the President General of the United States, upon his arrival in this city, which was read and agreed to as follows, vizt: SIR-The President and Supreme Executive Council of Pennsylvania cheerfully embrace this interesting occasion to congratu late you upon the establishment of the Foederal Constitution, and to felicitate ourselves and our country upon your unanimous appointment to the Presidency of the United States. In reflecting upon the vicissitudes of the late war, in tracing its difficulties and in contemplating its success, we are uniformly impressed with the extent and magnitude of the services which you have rendered to your country, and by that impression we are taught to expect that the exercise of the same virtues and abilities which have been thus happily employed in obtaining the prize of Liberty and Independence, must be effectually instrumental in securing to your fellow citizens and their posterity the permanent blessings of a free and efficient government. And although the history of the Revolution will furnish the best evidence of the invariable attachment of this Commonwealth to the interests and honor of the Union, yet we cannot resist this favorable opportunity of personally assur ing you that in every measure which tends to advance the national character, you may rely on the zealous co-operation of the executive authority of Pennsylvania. In discharging the duties of your present important station it must, sir, be a never failing source ofconsolation and support, that the unbounded love and confidence of the people will produce a favorable construction of all your actions, and will contribute to the harmony and success of your administration. For we know that eventually your happiness must depend upon the happiness of your country, and we believe that in wishing an adequate execution of your intentions and designs we comprehend all that is necessary to both. Uniting with our sister States in the admiration of those motives which at this interesting æra of our affairs have induced you again to relinquish the enjoyment of domestic peace, for a conspicuous and laborious participation in the cares and toils of public life, we fervently pray for the preservation of your health, and we confidently hope that the consummation of a patriot's wishes-the glory and felicity of your country will crown the period of a long and illustrious existence, and prepare you for an everlasting reward. THOMAS MIFFLIN, President. Council Chamber, Philadelphia, April 18th, 1789. The letter from Frederick Phile, Esquire, requesting a certificate of his having executed the office of Naval Officer for the port of Philadelphia with fidelity, being read the second time, On motion, Resolved, That Frederick Phile, Esquire, hath acted as Naval Officer for the port of Philadelphia, from the fifth day of April, in the year 1777, till this present time, and hath executed the several duties of the said office with fidelity and to the satisfaction of the Board. Resolved, That the Secretary be directed to furnish a copy of the foregoing.minute to the said Frederick Phile, |