The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III, Part 106

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440

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19th of 12th month, 1688-9. John Blackwell, gov- ernor and others present. The governor acquainted the council that he thought it necessary, something should be speedily done about settling a provincial court, and that he found something difficult therein, by reason of the several laws passed, concerning the same, and therefore, moved them for their advice upon the said laws, and that they should be read, viz. the 157th law, and the 181st law, the first whereof was made du- ring the governor's absence in this province, the other since his departure for England; the first referring it to the proprietor and governor, to commission five per- sons under the broad seal; the latter directing that the court should be empowered by the governor and provin- cial council; which latter seemed to be an encroachment upon the power of the governor, reserved by the char- ter of privileges, and being made by a law in the pro- prietor's absence, (contrary to his interest) the gover- nor desired the members of council would seriously consider the matter.

26th of 12th month, 1688-9. Upon the proposition that a commission should be issued authorising and ap- pointing a provincial court, it passed in the affirmative. It was then debated upon which law it should be groun- ded, whether on the 157th law, or the 181st. It was de- termined in favour of the 157th law, that five provincial Judges should be appointed, and the form of the com- mission agreed on. To this commission the keeper of the broad seal, (Thomas Lloyd) refused to affix the seal, which occasioned considerable discussion, as may be seen by the minutes of the subsequent proceedings.

2d of the 2d month, 1690. Arthur Cook, William Clark and Joseph Growdon,t were unanimously chosen

*The form of the commission may be seen in 1 Proud's History of Pennsylvania, p. 286-7. Chief justice Moore afterwards incurred the displeasure of the assembly, and was impeached before the council. On the 2d of the 4th, 1685, he was ordered "to desist and cease from fur- ther acting, in any place of authority, or judicature, till the articles of impeachment exhibited against him by the assembly, be tried, or that satisfaction be made to the board.' He died in 1688 or 1689, see 1 Proud, 299.

John Eckley died in 1689, as appeared by minutes of council, 2d of 11th month, 1689.

to be provincial judges, for the next provincial court, and ordered that a commission be drawn according'y. On the 10th of the same month, their commission was signed by the president, (Thomas I.loyd) bearing date the first inst., to continue only for this present court.

21st November, 1690. Arthur Cook,* William Clark, and Griffith Jones, were appointed.

23d September, 1693. Andrew Robeson, Wm. Sal- way, John Cann, and Edward Bleake, were appointed judges.

9th of 12th month, 1702. William Clark, Edward Shippen, and Thomas Masters, were appointed provin- cial judges.

By a minute of the council of the 3d April, 1706, it appears that John Guest was then chief justice of the leovincial court.

17th of April, 1706. A commission was read, appoint- ing RogerMompesson, t Joseph Growdon, JasperYeates,+ Samuel Finney, and William Trent provincial judges of this province, and the lower counties; constituting the first named chief justice.

In 1709, the judges were William Clark, Edward Shippen, Joseph Growdon, and William Guest.

4th June, 1715. Council appoint Joseph Growdon, Wm. Trent, Jonathan Dickenson and George Roach.

In 1716. The judges were Wm. Trent, § Jonathan Dickensonf and and George Roach. (See Proud's hist.

* Arthur Cook died on the 2d of October, 1699. He was one of the people called Quakers, and came from London among the first settlers of the province. He served in many of the most considerable posts in the government with a good character. Proud's Hist. vol. 1. p. 422, in notes.

¿Quære, whether this gentleman be not the same Rc- ger Mumpesson, who was afterwards chief justice of New York, and who in June, 1707, presided at the trial of Francis M'Kemie, for preaching without the govern- or's license. See Smith's Hist. of New-York, p. 127-8.

#Judge Yeates was a native of Yorkshire, in Great Britain, and was educated to the profession of the law. He first settled in Barbadoes, where he married. On the death of his wife without children he removed to Penn- sylvania, and fixed his residence at Upiand, now Ches- ter, where he again married and had a family. In the years 1700 and 1701, he was a representative in the as- sembly for New Castle county. The province of Penn- sylvania and the three lower counties having differed respecting the acceptance of the proprietary charter, they separated in legislation in November, 1702, wlien Andrew Hamilton, Esq. was lieutenant governor. On this occasion Mr. Yeates sided with the lower counties. He was appointed a member of the governor's council on the 10th of April, 1704, in the administration of John Evans, Esq. and continued in that station for sev- eral years afterwards. He was a man of learning and talents, and his character for honor and integrity stood very high in the estimation even of those who were most warmly opposed to him in political sentiment.

See votes of assembly, vol. 1, part 1, pages 123, 140, 142. Appendix, part 1, pages 19, 22, 28, part 2, page 78; vol. 2, pages 25, 90, 401, 474, 475, 479.

See also letter from James Logan to Wm. Penn, da- ted at New Castle, the 22d of 9th month, 1704, a copy of which was in the possession of the late judge Yeates, grandson of the gentleman noticed above.

§ William Trent removed from Pennsylvania into New Jersey, at some time subsequently to the year 1719 .- He was afterwards chief justice of New Jersey. Tren- ton took its name from him. He died 29th Dec. 1724. See 2 Proud's Hist. p. 125, in notes, and Smith's history of New Jersey, p. 419.

IJonathan Dickenson, came from Jamaica, with his wife and family, in the latter part of the year 1696. He was with other passengers ou board of the same vercel, in their passage to Pennsylvania, ship wrecked in the

+Joseph Growden was from Trevore in Cornwall .- | gulf of Florida; and being driven on shore, suffered Proud's hist. 1 vol. 292, in notes,

380

JUDICIARY OF PENNSYLVANIA.

[JUNE

of Pennsylvania, vol. 2, 73, 87, and 2d vo !. of Votes of Assembly, p. 194. )

In the minutes of council of the 8th of May, 1718, David Lloyd is named as being chief justice of the su- preme court.

From 1719 to 1725. David Lloyd* was chief justice. and Richard Hill* second justice of the supreme court. During this interval it does not appear who, or wheth- er any person filled the station of third justice. Sir Wm. Keith in his message to the assembly of the 9th of May 1722, mentions that there are vacancies in the su- preme court, and the difficulty he is under of getting tbem supplied. See 2d vol. of Votes of Assembly,p.320.

In 1725, the court was composed of the following per- sons: DAVID LLOYD, Chief justice. RICHARD HILL, second justice. ROBERT ASHETON, third justice.

15th September. 1726. The judges of the supreme court were at this time, David Lloyd, Richard Hill and Robert Asheton. It was thought right, by council to continue the two first. Robert Asheton declined serv- ing, and Jeremiah Langhorne was appointed in his place. In 1728 and 1729, the judges were

DAVID LLOYD, chief justice. RICHARD HILL, second justice.

JEREMIAH LANGHORNE, third justice. Judge Hill died the 9th of Septemhier, 1729.

9th April, 1730. The governor recommended to the board to consider of some proper person to supply the office of second justice of the supreme court, now va- cant by the death of Mr. Hill. Agreed to defer the consideration of it.

15th October, 1730. The governor complained that he had not been able to fill up the vacancy in the su- preme court.

8th April, 1731. The governor acquainted the board that the time of the sitting of the supreme court now drawing nigh, it would be proper to fill up the two va- cancies in that commission occasioned by the death of the chief justice and of Mr. Hill, and his honour having named Isaac Norris, esquire, t to be chief justice, Jere- miah Langhorne to be second justice, and Doctor Tho- mas Græmet to be third justice, it was unanimously agreed to.

20th August, 1731. The governor informed the board, that Isaac Norris, esquire, having for certain rea-

in a very extraordinary manner, among the Indians in that part of America; of which there is extant a partic- ular account, entitled "God's protecting providence man's surest help and defence," written by himself. He was one of the people called Quakers, a merchant of consid- erable fortune, and possessed a large estate in Philadel- phia, where he resided. He died in the year 1722, Mr. Proud states that he was at one time chief justice of the province. I find no record of this fact. It is probable, however, that William Trent left the bench before Da- vid Lloyd's appointment, and that in the interval Mr. Dickenson held the station of chief justice.

*For biographical notices of chief justice Lloyd, and judge Hill, see 1 Proud's Hist. p. 459, (in note) and p. 473, (in notes.)

+For some account of Mr. Norris, see Proud, 1 vol. p. 473. (in notes) Mr. Proud mentions that he died in the year 1735, when he was chief justice of Pennsylva- nia. The above extracts from the council book, show that Mr. Proud was mistaken in stating that Mr. Norris was then chief justice.

#Judge Græme was a native of Scotland, and a grad- nate in medicine. For nearly half a century he main- tained the first rank in his profession in the city of Phil- adelphia. He held, during a greater part of this time, the office of collector of the port. He married Anne, the daughter of Sir William Keith. For further partic- ulars respecting him, see an account of the life and cha- racter of Mrs. Elizabeth Ferguson, (his daughter) in the Port Folio for June, 1809, vol. 1. page 520.

sons declined the office of chief justice of this province some other proper person ought to be appointed there- unto, and his honour having named James Logan, es- quire, as a gentleman whose well known abilities suffi- ciently qualify him for that station, the board unani- mously concurred in the said nomination, and it is or- dered that he be commissioned chief justice accordingly.

In 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738 and part of 1739, the supreme court consisted of the follow- ing judges, viz. JAMES LOGAN, chief justice .*

JEREMIAH LANGHORNE, second justice, THOMAS GREME, third justice.

9th August 1739. James Logan, Esquire, having de. clined the place of chief justice, a commission was or- dered to be prepared appointing Jeremiah Langhorne chief justice, Thomas Græme, Esq. second justice, and Thomas Griffitts, Esq. third justice.

For the remainder of the year 1739 and in 1740, 1741, 1742, and part of 1743, the judges of the supreme court were as follow, viz:

JEREMIAH LANGHORNE, chief justice. THOMAS GRÆME, second justice. THOMAS GRIFFITTS, third justice.

5th April, 1943. His honour told the council that as the place of chief justice was vacant by the death of Mr. Langhorne, t and it would be of very great advantage to the province, that one of the profession of the law pre- side in the supreme court, he had made an offer of it to Mr. Kinsey, a gentleman well known to them, and that as the place of third judge was likewise become vacant by the resignation of Mr. Thomas Griffits, he had offer- ed it to Mr. Till, who had been for many years at the head of the supreme court of the lower counties, and both these gentlemen having accepted, he would pro- ceed to commissionate them, if they had no objection. The board expressed great satisfaction in what the gov- ernor had done, and approving of these gentlemen as every way qualified, his honour signed separate com- missions to Mr. Kinsey, Mr. Græme, and Mr. Till.

In 1743, 1744, 1745, 1746, 1747, 1748, 1749, and 1750, the supreme court consisted of

JOHN KINSEY, chief justice. THOMAS GRÆME, second justice. WILLIAM TILL, third justice.

Chief justice Kinsey, died in May 1750. (See 1 Proud's Hist. 231, in notes.)

William Allen was appointed chief justice by com- mission dated the 20th of September, 1750, and was sworn in the next day.#

Lawrence Growdon was commissioned second justice of the supreme court on the 20th of September 1750, and sworn in on the 24th of September, 1750.|| Caleb Cowpland was commissioned third justice of the su- preme court, on the 20th of September 1750, & sworn in 21st of September 1750.§

Same chief justice and judges in 1751, 1752, 1753, 1754, 1755, 1756, 1757, and 1758.

Some time in 1758 Caleb Cowpland died and Wil- liam Coleman was appointed in his place. T

*For biographical notices of chief justice Logan and Kinsey, see 1 Proud's History of Pennsylvania, 478, (in note) and 2d vol. 231 (in note.

+Judge Langhorne was the son of Thomas Lang- horne, who came to Pennsylvania, from Westmoreland in England, in the year 1684, and settled in Bucks coun- ty, near Middletown. He was an eminent preacher among the Quakers. He died a few years after his ar- rival. 1 Proud's Hist. of Pennsylvania, p. 289, in notes.

#Chief justice Allen, was the son of William Allen, who is represented to have been "an eminent merchant of Philadelphia, a considerable promoter of the trade of the province, and a man of good character and estate." See 2 Proud, p. 188, in notes. He died in the summer of 1725. ib.

I § See the Book of Qualifications in the office of the secretary of the commonwealth of Pennsylvania.

" See votes of Assembly, vol. 4, p. 856.

1829.]

JUDICIARY OF PENNSYLVANIA.

381

In 1759, the supreme court consisted of

WILLIAM ALLEN, chief justice. LAWRENCE GROWDON, second judge. WILLIAM COLEMAN, third judge.

The same in 1760, 1761, 1762, 1763.

During part of the year 1764, the judges were Wil- liam Allen, chief justice; Lawrence Growdon, second judge, and William Coleman, third judge; for the re- mainder of the year, they were William Allen, chief justice; William Coleman, second judge, and Alexan- der Stedman, third judge .*

In 1765, the judges were

WILLIAM ALLEN, chief justice. WILLIAM COLEMAN, second judge. ALEXANDER STEDMAN, third judge.

Same in 1766, and until September 1767.

14th of September 1767. (In council.) The gover- nor acquainted the board, that as the time appointed for holding the supreme court of this province, was near at hand, it now became necessary for him to appoint four judges of that court, pursuant to the late act of assem- bly, entitled an act to amend the act entitled an act for establishing courts of judicature within this province, and having then named to the board several gentlemen whom he had thought of to execute those offices, he desired they would consider of the most proper persons for that purpose.

The board having taken this matter into considera- tion, the governor by their advice issued four distinct commissions continuing William Allen, chief justice, and William Coleman, second justice of the supreme court, and appointed John Lawrence and Thomas Wil- ling, Esquires, t the other justices of said court.

Judge Coleman left this country for England, 31st March, in 1768; he afterwards returned to Philadel- phia, but never resumed his seat on the bench. (See Pennsylvania Gazette of that date.)

From 1768 to 1773, the judges were

WILLIAM ALLEN, chief justice. JOHN LAWRENCE, second justice. THOMAS WILLING, third justice.

29th of April, 1774, (In council. ) The office of chief justice of the supreme court of this province, being now vacant by the resignation of William Allen, Esq. and it being necessary that some other proper person should be appointed to succeed him, the governor was pleased to name Benjamin Chew, Esq.# a member of this board, as a gentleman whose knowledge in the laws, and well known abilities sufficiently qualify him for that impor- tant station. The board unanimously approving the said nomination, it is ordered that he be commissioned chief justice accordingly. It being also thought proper by the board that a fourth justice of the supreme court should be appointed, pursuant to an act of assembly, passed in the seventh year of his present majesty's reign, entitled an act to amend the act for establishing courts of judicature within this province, and the gov- ernor having named John Morton, Esq. of Chester county, as a gentleman whom he had thought of to exe- cute that office, the board concurred in that nomination and it is ordered that he be commissionated as fourth justice of the supreme court.

It is likewise agreed by the board and ordered that new commissions be issued this day, to John Lawrence and Thomas Willing, Esquires, appointing them second and third justices of the said court, respectively, and al- so that a new commission be issued assigning and ap- pointing the four gentlemen justices of the court of oy- er and terminer, &c.

Benjamin Chew, continued to be chief justice; John Lawrence, second judge; Thomas Willing, third judge;

*See Votes of Assembly, vol. 5. p. 372.

tHe died 19th January, 1821, Æt. 89.

¿For a biographical memoir and a profile likeness of Mr. Chew, see the Port Folio for February, 1811. See also Port Folio for February, 1810, p. 176.

and John Morton, fourth judge; until the dissolution of the proprietary government in 1776, when their several offices were swept away by the revolutionary tempest.

On the institution of the courts of justice under the constitution established by the general convention, elec- ted for that purpose and held at Philadelphia, 15th July 1776, and continued by adjournments to the 28th of September 1776, it was agreed in council 20th March 1777, that Joseph Reed, Esq. be appointed chief jus- tice, but he declined accepting the office; and the fol- lowing appointments afterwards took place.

Thomas Mckean was appointed chief justice of the supreme court on the 28th of July 1777.

William Augustus Atlee, was appointed second judge of the supreme court on the 16th of August 1777 .*

John Evans was appointed third judge of the supreme court on the 16th of August 1777 .*

3d April 1780. The (supreme executive) council, ta- king into consideration the state of the supreme court and being of opinion that the interests of the state re- quired another judge, proceeded to a choice, when the honorable George Bryan, Esq. was unanimously ap- pointed to that office.

Thomas Mckean was re-appointed chief justice of the supreme court on the 29th of July 1784.

William Augustus Atlee was re-appointed a judge of the supreme court on the 9th of August 1784.+

Jacob Rush was appointed a judge of the supreme court on the 26th day of February 1784, + in the place of John Evans, deceased.

Under the Constitution of the 2d of September 1790. Thomas Mckean was re-appointed chief justice of the supreme court, on the 31st of January 1791.

Edward Shippen was appointed a judge of the su- preme court on the 31st of January 1791, in place of judge Bryan, lately deceased.

Jasper Yates, was appointed a Judge of the supreme court, on the 21st of March, 1791.

William Bradford was appointed Judge of the su- preme court, on the 20th of August , 1791.

Judge Bradford, § was appointed attorney general of the United States, 28th January, 1794.

Thomas Smith was appointed Judge of the supreme court, on the 31st January, 1794, in the place of Judge Bradford.

Edward Shippen! was appointed chief justice, (in the room of Thomas Mckean, elected governor, ) on the 8th of December 1799.

Hugh H. Brackenridge was appointed a Judge ofthe supreme court in the place of Mr. Shippen, 18th De- cember, 1799. He died 26th June 1816.

*These dates are taken from the minutes of council. They differ from those given in 1 Dallas' Rep. 32 & 84.

t Mr. Atlee, the former Judge of the supreme court, was appointed on the 17th of August, 1791, to be pres- ident of the courts of common pleas in the circuit, con- sisting of the counties of Chester, Lancaster, York and Dauphin.

# Mr. Rush, the former judge of the supreme court, was appointed on the 17th of August, 1791, to be pres- ident of the courts of common pleas in the circuit, con- sisting of the counties of Berks, Northampton, Luzerne and Northumberland.

§ For a biographical notice of judge Bradford, see Port Folio for September, 1809, page 177.

" For a biographical memoir of chief justice Shippen, see the Port Folio for January, 1810.

In this biographical memoir there is an error in stating the parentage of chief justice Shippen, which ought to be corrected. Ile was not the son of Edward Shippen, who came to America in 1675. That gentleman had a son named Joseph, whose son Edward was the father of the chief justice. So that Edward Shippen who emi- grated from England to Boston, in 1675, and was after : wards the first mayor of Philadelphia, was the great grandfather of Edward Shippen, the chief justice, and not his father, as represented in the memoir,

382

EPISCOPAL CHURCH IN PENNSYLVANIA.

[JUNK

Chief Justice Shippen resigned his office, about the close of the year 1805, and William Tilghman was ap- pointed chief justice in his place, on the 28th of Febru- ary 1806.

Judge Smith died in 1809,* and conformable to an act of assembly of the eleventh day of March, 1809,sect. 8,(5. Sm. P.L .. 17.) the vacancy occasioned by his death, was left unsupplied.

John B. Gibson was appointed 27th June, 1816. Thomas Duncan was appointed 14th March, 1817. Attornies General of l'ennsylvania.

John White made attorney general 25th of 8th month, (October) 1683, "to plead the cause between our pro- prietor and governor, and Charles Pickering, and Sam- uel Buckley." 1 Proud, 241.

made attorney general 17th of 9th month, (November) 1685, "to prosecute John Curtis, who stands accused of speaking dangerous and treason- able words against the king." Minute book, A. p.134.

Samuel Hensent, empowered 16th of 11th month, (January) 1685; "to prosecute all offenders against the penal laws of this province, and to search for those that are on record convicted, and prosecute them if they have not been satisfied the law." Minute book A p.138.

David Lloyed, 24th of the 2d month, (April) 1686. G. Lowther, 23d September, 1706.

Andrew Hamilton, in the year 1717. Resigned August 5th, 1724. He died in 1741, see 2. Proud, 219, in no'e.

Joseph Growdon, Junr. 5th March, 1725-6.

· John Kinsey, 6th July, 1738.

Tench Francis, in the year 1741.

Benjamin Chew, 27th January, 1755.

Andrew Allen, 4th November, 1769.

Jonathan Dickenson Sergeant, 28th July, 1777. (resigned 20th November 1780.)

William Bradford, Junr. 23d November, 1780. (Ap- pointed Judge of Supreme Court, 20th August, 1791.) Jared Ingersoll, 22d August, 1791.

Joseph B. Mckean, 10th May, 1800.

Walter Franklin, 9th January, 1809. Richard Rush, 26th January, 1811.

Jared Ingersoll, 12th December, 1811.

Amos Ellmaker, 1816.

Thomas Sergeant, 6th July, 1819.

Thomas Elder, 20th December, 1820.

* For an obituary notice of judge Smith, see Port Fo- lio for July, 1809. [Journal of Jurisprudence.

CHRIST CHURCH IN PHILADELPHIA.

[From the Episcopal Magazine.] Continued from page 356.

[By an inadvertence of the printer the following which should have preceded that portion of the history contained in our last number, was omitted, and the fact not discovered till too late to be remedied in that num- ber-this should follow after page 340.]

In our last communication it was mentioned that Dr. Evans, the first Episcopalian Clergyman in Philadelphia, in consideration of the increasing infirmities of age, by which he was prevented from attending to his arduous duties in this city, accepted an invitation from Maryland to take charge of a living, the labours of which he could better perform. This took place in the year 1718,

June 1718 .- As soon as the Church was vacant, the vestry took measures to provide a temporary supply. Letters of invitation was sent to the Rev. Mr. Talbot, who was officiating at Burlington, New Jersey, to the Rev. Mr. Humphrey's at Chester, the Rev. Mr. Ross of New Castle, and the Rev. Mr. Sandal of Wickacoa, in- forming them of the removal of Dr. Evans, and solicit- ing any assistance which they might be able to render,

consistently with their other duties. With a view to the permanent establishment of another minister, who might take charge of the growing concerns of this flour- ishing congregation, as well as to the more effectual and easy supply of other churches in America, the fol- communication was prepared and sent to the archbish- ops of England.

. To the most Rev. fathers in God, the Archbishops, and the Right Rev. the Bishops of the Church of England.

The representation and humble petition of many of the faithful, in the communion of the Church of Eng- land, in North America, most humbly showeth:

That whereas the British Colonies and settlements in America have now, for many years, been blessed with the pure and primitive doctrine and worship of our mother the Church of England, of which you are happily at this day, great ornaments and prime rulers, and whereas for the want of Episcopacy being settled among us and that there never has been any Bishop sent to visit us, our churches remaining unconsecrated, our children grown up, and cannot be confirmed, their sur- eties under solemn engagements, and cannot be absolv- ed, and our clergy sometimes under doubts which can- not be resolved.

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The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III, Part 106

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 440

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440