USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 25
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52
In favor of Edward Burd, Esquire, for twenty-four pounds four- teen shillings and seven pence, in full for the expences of the Judges of the Supreme Court with their servants and attendance in going to hold Courts in the county of Northumberland, and re- turning from the twefth until the seventeenth of this month.
In favor of Major William Armstrong, for eight hundred pounds, for defraying the expences of running and marking the Northern Boundary of this State, for which sum he is to be accountable.
Joseph Coperthwaite, Esquire, was appointed and commmission- ated Sheriff, and Joseph Leacock, Coroner of the city and county of Philadelphia, upon a return made according to law.
329
SUPREME EXECUTIVE COUNCIL.
The Attorney General made report in the case of John McCan- non of Bucks county, referred to him on the third of last Septem- ber, by which it appeared that a Judicial Process has been institu- ted for ascertaining the value of the land for which the petitioner has been evicted.
Ordered, That the said report be filed.
His opinion respecting the power of Council to pardon in certain cases, inclosing Charles Eddy's petition, which was referred to him, was also received and read, and an order taken that the said opin- ion be entered upon the minutes of Council.
THIRD STREET, November 22nd, 1787.
SIR :- Yesterday I received the inclosed petition from the Honorable Mr. Ross, who delivered to me the commands of Coun- cil, to report to them " whether they were authorized by the Con- stitution to grant the prayer of the petition, without the personal appearance of Charles Eddy, and before the identity of the person was ascertained, on a suggestion filed in the Supreme Court ?"
The personal appearance of the party is certainly necessary, in order to reverse any outlawry or attainder, but it does not seem to be necessary to render him capable of receiving a pardon. The identity of the person will be sufficientiy established by his accept- ing a charter of pardon ; on a suggestion filed, he might confess the fact, and he does as much when he receives the pardon. I beg leave to remark, that many difficulties be in the way of a reversal, which do not prevent the pardon of an attainder. Probably, be- cause the effect of the latter is far short of that of the former. A rever- sal of the attainder restores the person to the situation he was in before, with all his rights, capacities, and privileges unimpaired. Even his estate, real and personal, or their value are to return to him. But a pardon will not restore to him any interest, which by bis attainder was vested in the State, nor give him all the legal capacities he had before.
Except on impeachments Council have the full power of pardon- ing in all cases. This prerogative, however, in cases of treason and murder, cannot be exerted immediately on the attainder, but its exercise is restrained no longer than until the end of the next Sessions of Assembly. I conceive, that the Sessions referred to in this clause of the Constitutien, must be construed to mean, the Ses- sions next after the attainder. The restraint seems merely to pre- vent too hasty or precipitate a pardon of crimes so high in their degree, and proceeds upon the same principal with the Stat., 13, Reck, 2, which prohibits the king from pardoning those crimes, un- less they be specially set forth in the charter of pardon. The rea- son and spirit of the clause, as well as the letter of it, seem to point to the attainder, as the time when the restriction commences, and which, there force, can last only till one Sessions of the Assem- bly be over,
330
MINUTES OF THE
I therefore beg leave to report to your Excellency and the Council, that I am of opinion that a pardon granted according to the prayer of the petition will be valid and effectual in all courts of justice.
I have the honour to be,
With great respect, your Excellencies Most obedient and humble servant, WILLIAM BRADFORD, junior.
The following gentlemen were appointed and commissionated justices of the peace and of the Court of Common Pleas in and for the county of Huntingdon, upon the returns made according to law for the districts following, to wit :
Thomas Duncan Smith, for the town of Huntingdon ; John Wil- liams, for the district of the township of Huntingdon; Thomas McCune, for the district of the townships of Tyrone; William Philips, for the districts of the township of Woodberry.
On motion,
Ordered, That Robert Galbraith, Esquire, be appointed and commissionated President of the Court of Common Pleas, the Or- phans' Court and Court of General Quarter Sessions of the Peace, and Jail Delivery in and for the county of Huntingdon.
And that Benjamin Elliott, Esquire, be appointed Lieutenant of the county aforesaid.
An order was drawn upon the Treasurer in favor of John Skin- ner; for twenty-six pounds, being an allowance for his extra servi- ces and expences upon the Western road, and for extending the said road one and a quarter miles farther than by his contract he had engaged to do.
Council resumed the consideration of the petition of Charles Eddy, (attainted of by high treason,) praying a pardon of the said offence, and also the recommendation of him accompanying the same; and thereupon, an order was taken, that the said Charles Eddy be pardoned-and a pardon under the Great Seal was directed to issue accordingly.
The farther consideration of the Western road, and of the pro- ceedings of the Orphans' Court in favor of the children of William Shippen, deceased, was postponed.
331
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILAD'A, Saturday, November 24th, 1787.
PRESENT :
The Hon'ble PETER MUHLENBERG, Esquire, Vice President. .
Evan Evans,
George Ross,
James Read,
Abraham Smith,
Frederick Watt,
John Cannon,
Samuel Edie,
Christian Kucher,
David Redick,
John Baird, and
George Woods,
John Smilie,
$ Esquires.
The Western Road as far as Bedford Town was confirmed, from thence to Fort Pitt the road to be reviewed. The courses and dis- tances of the Western Road leading from the widow Miller's spring through Shippensburgh, as far as the town of Bedford, this day confirmed by Council, are as follows, vizt .:
Beginning at the widow Miller's spring at Mount Rock, south fifty-four and a half degrees, east four thousand one hundred and thirty-nine perches, south fifty-seven degrees, west eighty-four perches, north eighty-three and a half degrees, west two thousand six hundred and ninety perches, north eighty-five degrees, west four hundred and twenty-two perches, south eighty-three degrees, west two hundred perches, north forty-six degrees, west sixty-six perches, north thirty-eight degrees, west fifty-five perches, south seventy- nine degrees, west fifty-seven perches, north fifty-four degrees, west one hundred and ninety-six perches, south sixty-three degrees, west one hundred and eight-two perches, north sixty-five degrees, west seventy-eight perches, south sixty degrees, west one hundred and thirty-eight perches, south seventy-nine degrees, west one hundred and twenty-two perches, south sixty-two degrees, west eighty-eight perches, north eighty-six degrees, west forty perches, north sixteen degrees, east fifty-eight perches, north sixty degrees, west twenty perches, north eighty-nine degrees, west eighteen perches, south seventy-two degrees, west forty perches, south eighty-five degrees, west thirty perches, north fifteen degrees, west thirty perches, south eighty-seven degrees, west three hundred and eighteen.perches, north sixty-eight degrees, west one hundred and eight perches, north eighty-eight degrees, west four hundred and ninety-eight perches, south sixty-seven degrees, west thirty-eight perches, south sixty- two degrees, west forty-four perches, south seventy-two degrees, west eighty-six perches, south sixty-nine degrees, west forty-eight perches, south eighty-eight degrees, west twenty perches, north thirty degrees, west eighteen perches, north fifty-five degrees, east twenty-four perches, north fifty-one degrees, west fourteen per- ches, north six degrees, east twenty-two perches, north nineteen
332
MINUTES OF THE
degrees, east fifty perches, north eight degrees, east thirty perches, north eighty-three degrees, west thirty eight perches, north twenty- seven perches, north nineteen degrees, west eighteen perches, south seventy-three degrees, west thirty perches, north fifty-two degrees, west one hundred and eighty perches, north seventy- five degrees, west one hundred and forty-two perches, south eighty-eight degrees, west sixty-six perches, north thirty-five degrees, west fifty-six perches to the burnt cabbins, at or near James Jemmisan's, in Dublin township, in the county of Bed- ford; thence north seventy-seven degrees, west fifty-six perches, south eighty-three degrees, west ninety perches, north eighty-nine degrees, west forty-eight perches, south eighty-five degrees, west twenty-six perches, south sixty nine degrees, west sixty-six perches, south seventy-nine degrees, west eighteen perches, north seventy- four degrees, west thirty perches, south seventy four degrees, west seventy-two perches, south thirty-eight degrees, west one hundred and sixteen perches, south eleven degrees, west twenty-eight perches, south eighty-nine degrees, west eighteen perches, north fifty-nine degrees, west twenty-six perches, west eight perches, south seventy- one degrees, west eighteen perches, south eighty-two degrees, west one hundred and ten perches, south seventy nine degrees, west thirty-three perches, south eighty-eight degrees, west thirty-one perches, south seventy-seven degrees, west forty-one perches, south fifty-eight degrees, west twenty perches, south forty-seven degrees, west seventeen perches, south seventy-five degrees, west twenty- two perches, south fifty-four degrees, west forty perches, south eighty-seven degrees, west thirty-four perches, south sixty-six de- grees, west twenty-two perches, south fifty-five degrees, west fifty- two perches, south forty-two degrees, west thirty-two perches, south forty-nine degrees, west twenty perches, south sixty-eight degrees, west twenty eight perches to Bird's; thence north eighty-six de- grees, west eighty perches, south sixty-five degrees, west sixty perches, south seventy degrees, west ninety perches to Fort Lit- tleton; thence south sixty-four degrees, west sixty perches, south fifty-six degrees, west forty-two perches, south fifty-four degrees, west twelve perches, south thirty degrees, west twenty-six perches, south 'fifty-six degrees, west forty-four perches, south seventy-seven degrees, west thirty-eight perches, south forty-two degrees, west two hundred and twenty-two perches, south thirty degrees, west two hundred and twelve perches, south thirty-two degrees, west twenty-cight perches, south eighty-five degrees, west eighty-eight perches, north, fifty-nine degrees, west one hundred perches, north seventy-three degrees, west twenty-two perches, north fifty perches, north forty-three degrees, west twenty-eight perches, north forty- eight degrees, west thirty perches, north seventy-eight degrees, west twenty perchcs, north eighty-six degrees, west fifteen perches, north sixty-three degrees, west twenty-four perches, north sixty- eight degrees, west twenty-two perches, south eighty-two degrees,
1
1 t t
S g
t s t
g
333
SUPREME EXECUTIVE COUNCIL.
west six perches, south twenty-seven degrees, west thirty-two perches, south forty-eight degrees, west eighteen perches, south eighty de- grees, west twenty-six perches, south seventy-six degrees, west fourteen perches, north eighty-eight degrees, west thirty-six perches, north forty seven degrees, west twenty-eight perches, north eighty- one degrees, west sixteen perches, north fifty-six degrees, west. thirty-eight perches, north seventy degrees, west thirty perches, north seventy-seven degrees, west fifty-two perches, north sixty- four degrees, west twenty perches, north sixty-seven degrees, west twenty-eight perches, south seventy-four degrees, west twenty-two perches, south sixty-four degrees, west twelve perches, south eighty- five degrees, west seventy-two perches, north eighty-eight degrees, west twenty-two perches, south seventy five degrees, west sixteen perches, north sixty-eight degrees, west thirty-two perches, north eighty degrees, west thirty perches, north fifty-eight degrees, west twenty-eight perches, north eighty degrees, west thirty-four perches, north sixty-six degrees, west fifty-four perches, north seventy-three degrees, west fourteen perches, south sixty-five de- grees, west eighteen perches, south seventy-eight degrees, west fourteen perches, north seventy-four degrees, west four hundred perches, south forty-six degrees, west forty-two perches, north eighty-eight degrees, west eighty-six perches, north sixty-two de- grees, west one hundred and six perches, south eighty-five degrees, west sixteen perches, south sixty-five degrees, west fifty-two per- ches, south eighty-five degrees, west one hundred and eighteen perches, south sixty-six degrees, west fifty two perches, south sixty degrees, west thirty-eight perches, south fifty-three degrees, west twenty perches, south sixty-two degrees, west twenty-six perches, west thirty-eight perches, south eighty-two degrees, west twen- ty-four perches, south seventy-eight degrees, west twenty-two per- ches, south eighty-two degrees, west eighteen perches, south sev- enty-seven degrees, west forty-eight perches, south seventy-two degrees, west eighteen perches, south sixty-eight degrees, west twelve perches, south fifty-eight degrees, west twelve perches, south thirty-five degrees, west twelve perches, south eleven degrees, west eight perches, south thirty-one degrees, west twenty-six perches, south twenty-five degrees, west eight perches, south fifty degrees, west nine perches, north seventy-two degrees, west twenty-nine perches, south eighty-five degrees, west six perches, south thirty- two degrees, west eight perches, south eighty-eight degrees, west thirty perches, south seventy-six degrees, west twelve perches, south sixty-seven degrees, west forty eight perches, south forty-two de- grees, west thirty-eight perches, south fifty degrees, west forty-eight perches, south forty-five degrees, west eighteen perches, south six- ty degrees, west eighteen perches, south seventy-two degrees, west sixteen perches, south fifty-one degrees, west twenty perches, south thirty-nine degrees, west eighty-eight perches, south fifty-six de- grees, west thirty perches, south forty-three degrees, west fifty-eight
334
MINUTES OF THE
perches, south seventy-three degrees, west ten perches, southi six-, ty-three degrees, west twelve perches, south seventy degrees, west twenty perches, south fifty-six degrees, west eighty perches, to Hopewell township; thence south seventy-three degrees, west for- ty-four perches, to the top of Sideling hill ; thence forty-nine de- grees, west sixty-two perches, south fifty-seven degrees, west forty- four perches, south forty-three degrees, west fifty-four perches, south sixty-two degrees, west forty-four perches, south seventy- three degrees, west twenty perches, south twenty four degrees, west forty-six perches, south fifty-three degrees, west twenty-six perches, south seventy degrees, west twenty perches, west one hundred perches, south eighty-five degrees, west twenty-two perches, north eighty-nine degrees, west twenty-two perches, south seventy-nine degrees, west fourteen perches, south eighty eight degrees, west fifty-six perches, south fifteen degrees, west twenty-cight perches, south fifty-four degrees, west eighteen perches, south seventy-three degrees, west thirty-four perches, south sixty-two degrees, west thirty perches, south fifty-five degrees, west thirty-two perches, south forty-six degrees, west twenty perches, south thirty-two de- grees, west twenty perches, south thirty-four degrees, west twenty- six perches, south fifty-two degrees, west one hundred and twelve perches, south eighty-seven degrees, west twenty-four perches, north eighty-three degrees, west twenty-four perches, south eighty- six degrees, west fifty-eight perches, to John Peck's, on Rayshill top; thence north sixty-eight degrees, west eight perches, south seventy-nine degrees, west ten perches, south twenty-five degrees, west fourteen perches. north eighty-seven degrees, west eight per- ches, south sixty-nine degrees, west thirty-eight perches, south forty degrees, west ninety perches, south fifty-five degrees, west one hun- dred and six perches, south forty-five degrees, west sixty-six per- ches, north sixty-two degrees, west fifty-two perches, to the foot of Rayshill; thence west seventy-two perches, south sixty-five de- grees, west eighty perches, south eighty-two degrees, west twenty- six perches, north seventy-four degrees, west twenty-eight perches, south seventy-five degrees, west thirty-six perches, south eighty- five degrees, west fourteen perches, south seventy-one degrees, west twenty-eight perches, south eighty degrees, west twenty-four per- ches, north eighty-five degrees, west thirty perches, south sixty- seven degrees, west twenty-three perches, north sixty-five degrees, west forty-six perches, south fifty degrees, west thirty perches, south eighty-three degrees, west thirty-six perches, south sixty-nine degrees, west eighteen perches, south fifty-eight degrees, west twenty perches, south eighty degrees, west twenty-four perches, south sixty- five degrees, west ten perches, south eighty-five degrees, west fifty-two porches, north sixty-nine degrees, west seventy-two perches, north sixty-two degrees, west twenty-two perches, north eighty-six de- grees west twenty-six perches, south sixty-one degrees, west thirty perches, south forty seven degrees, west twenty-eight perches, north
335
SUPREME EXECUTIVE COUNCIL.
seventy-five degrees, west eighteen perches, south eighty-eight de- grees, west sixteen perches, north seventy-three degrees, west eighteen perches in Hopewell township; thence north twenty-four perches across Juniata; thence north sixty-eight degrees, west twenty-four perches in Providence township ; thence north seventy- two degrees, west thirty-two perches, north fifty-seven degrees, west twenty-six perches, south seventy-one degrees, west eighty- eight perches, south sixty-one degrees, west sixty-two perches, west twenty-eight perches, north sixty-three degrees, west fourteen perches, north seventy-seven degress, west sixty-two perches, north forty-nine degrees, west fifty-six perches, south sixty-six degrees, west twenty-two perches, north eighty-six degrees, west thirty-six perches, north seventy degrees, west twenty-eight perches, north forty-six degrees, west forty-perches, north sixty-one degrees, west eighty perches, north twenty-nine degrees, west thirty perches, north thirty-seven degrees, west twenty-four perches, south eighty- three degrees, west ten perches, north thirty nine degrees, west sixteen perches, north seven degrees, west thirty perches, north twenty-four degrees, west twenty-four perches, north fifty-eight degrees, west fourteen perches, north sixty-four degrees, west twenty-eight porches, north eighty-two degrees, west thirty-four perches, north seventy four degrees, west thirty perches, north fifty four degrees, west forty perches, north eighty-four degrees, west fifty-eight perches, north twenty-seven degrees, west fifty-four perches, north sixty-six degrees, west forty-two perches, south fifty- nine degrees, west forty-eight perches, south eighty four degrees, west twenty-six perches, south fifty-three degrees, west fifty-four perches, south seventy-two degrees, west eighteen perches, north forty degrees, west twelve perches, north twenty-six degrees, west eighteen perches, north seventeen degrees, west sixteen perches, north twenty-eight degress, west thirty-four perches, north forty- three degrees, west thirty-eight perches, north fifty-nine degrees, west eighty perches, north fifty degrees, west forty four perches, north seventy-three degrees, west fifty-two perches, south sixty-one degrees, west sixty-six perches, south fifty degrees, west sixty- eight perches, south thirty-five degrees, west twenty-six perches, south sixty-six degrees, west twelve perches, south eighty-eight degrees, west thirty-four perches, south eighty-one degrees, west twenty perches, south sixty-three degrees, west twenty-four per- ches, south seventy-three degrees, west twenty-six perches, south forty-seven degrees, west eighty perches, south twenty-three degrees,. west thirty-six perches, north eighty-seven degrees, west thirty- eight perches, south fifty-four degrees, west seventy-six perches, south forty-five degrees, west fourteen perches, south fifty-eight degrees, west eight perches, north seventy-eight degrees, west eighteen perches, south eighty degrees, west eighteen perches, north fifty-nine degrees, west twenty eight perches, north eigh- ty-seven degress, west sixteen perches, north eighty degrees,
336
MINUTES OF THE
west sixteen perches, south seventy-four degrees, west twen- ty perches, south sixty-four degrees, west ten perches, south twenty-eight degrees, east twenty-two perches to Bloody run ; thence south sixty degrees, west one hundred and twelve perches, south forty-seven degrees, west eighteen perches, north seventy- four degrees, west fourteen perches, north sixty-four degrees, west ninety-four perches to the east side of Tusseys Narrows; thence north fifty-nine degrees, west eight perches, north seventy-six de- grees, west one hundred and eighteen perches, south eighty-four degrees, west thirty-two perches, north forty-three degrees, west forty-four perches, north sixty-one degrees, west twenty-six perches to the west side of 'Tusseys Narrows; thence north twenty-two degrees, west fourteen perches, north sixteen degrees, west thirty perches, north twenty-nine degrees, west twenty-four perches to Elliots ; thence north forty degrees, west fifty-six perches, north sixty-four degrees, west twenty perches, north seventy-eight de- grees, west forty-eight perches, north eighty-five degrees, west seventy-two perches, north eighty-one degrees, west thirty perches, north seventy-eight degrees, west twenty-eight perches, north eighty-seven degress, west twenty-six perches, north seventy de- grees, west thirty-eight perches, north eighty degrees, west thirty perches, north sixty-six degrees, west twenty-eight perches, north forty six degrees, west thirty perches, north forty-nine degrees, west ninety perches, north seventy-two degrees, west one hundred and twenty-eight perches, west fifty-two perches, south eighty-two degrees, west sixty-eight perches, north eighty-nine degrees, west thirty-eight perches, north eighty-seven degrees, west one hundred and twenty-six perches, south seventy-three degrees, west thirtyfour perches, south fifty-nine degrees, west twenty-four perches, south eighty-three degrees, west fourteen perches, south fifty-eight degrees, west sixteen perches, south eighty-three degrees, west fourteen per- ches, south fifty-five degrees, west thirty-four perches, south thirty- seven degrees, westforty-eight perches, south sixty-five degrees, west sixty eight perches, south fifty degrees, west twenty perches, south fifty-four degrees, west thirty-four perches, south thirty-one degrees, west fifty-two perches, south twenty-six degrees, west seventy-four percbes in Providence Township; thence north forty-seven degrees, west twenty perches, to the east side of Dunning's Narrows ; thence north thirty-five degrees, west one hundred perches, in Bedford township; thence north twenty-three degrees, west thirty-six perch- es, north eight degrees, west thirty-six perches, north twenty-eight degrees, west eighteen perches, north fifteen degrees, west thirty- six porches, to the west side of Dunning's Narrows; thence north sixty-three degrees, west sixteen perches, to a bridge on Dunning's Creek ; thence south fifty-two degrees, west twenty-two perches, west seventy-three perches, south sixty degrees, west fifty-two perch- es, south fifty-five degrees, west twenty-four perches, south seventy- seven degrees, west forty-two perches, north eighty-two degrees,
C
re p
337
SUPREME EXECUTIVE COUNCIL.
west thirty-seven perches, south thirty-nine degrees, west sixty perches, to Bedford creek ; thence south eighty-six degrees, west 160 perches through Bedford town.
An order was drawn upon the Treasurer in favor of John Stock for two pounds fifteen shillings, amount of his account for glazing done at the Court room in the State House, by order of the Supreme Court.
Upon a letter from Jacob Wink of Bedford county, in behalf of himself and William Alexander whoattended as witnesses upon the late contested election for Bedford county, requesting payment of their expences in attending as aforesaid.
Ordered, That the Commissioners of Bedford county, be direct- ed to pay to said Jacob Wink and William Alexander and other witnesses who attended in like manner the several sums due for their expences as aforesaid, agrecably to the certificates they have received,
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.