MARTIN'S
BENCH AND BAR
OF
PHILADELPHIA
Together with other Lists of persons appointed to Administer
the Laws in the City and County of Philadelphia, and
the Province and Commonwealth of Pennsylvania
BY ,
JOHN HILL MARTIN
OF THE PHILADELPHIA BAR
OF C
PHILADELPHIA
KKKS WELSH & CO., PUBLISHERS
No. 19 South Ninth Street
1883
Entered according to the Act of Congress,
On the 12th day of March, in the year 1883,
BY JOHN HILL MARTIN,
In the Office of the Librarian of Congress,
at Washington, D. C.
W. H. PILE, PRINTER,
No. 422 Walnut Street, Philadelphia.
Stack
Annex
5
PREFACE.
IT has been no part of my intention in compiling these lists
entitled "The Bench and Bar of Philadelphia," to give a history
of the organization of the Courts, but merely names of Judges,
with dates of their commissions; Lawyers and dates of their ad-
mission, and lists of other persons connected with the administra-
tion of the Laws in this City and County, and in the Province and
Commonwealth. Some necessary information and notes have been
added to a few of the lists. And in addition it may not be out of
place here to state that Courts of Justice, in what is now the Com-
monwealth of Pennsylvania, were first established by the Swedes, in
1642, at New Gottenburg, nowTinicum, by Governor John Printz,
who was instructed to decide all controversies according to the
laws, customs and usages of Sweden. What Courts he established
and what the modes of procedure therein, can only be conjectur-
ed by what subsequently occurred, and by the record of Upland
Court. It is said that the English after the conquest of the lands
on the Delaware, concluded not to make any violent change in
the administration of justice as it then existed under the Dutch
rule, following the good example of the Dutch, wh'o, on taking
possession of the country in 1664, permitted the Swedish magis-
trates to remain in office. So we find that there was sitting at
Upland (Chester) on August 18, 1672, a Court with titles and
powers unknown to the English law, its powers appearing to
have been legislative as well as judicial. At what time the seat
of justice was removed from New Gottenburg to Upland, is not
definitely known. Stuyvesant met the Swedish Magistrates and
Sheriff at Tinicum, in 1658, but the records of the Court there,
as well as the records of the Upland Court prior to November 14,
1676, are lost. See Upland Record, 4.3.
Under William Penh, 1681, a new order of things took place,
and as Peter McCall, Esq., in his discourse before the Law
Academy, on September 5, 1838, p. 7, says:
IV PREFACE.
"The first organization of the Courts was admirable for its
simplicity and convenience. The County Court, in the days of
Alfred and Egbert, a tribunal 'of great dignity and splendour.'
was drawn from the obscurity into which it had sunk after the
Norman invasion, and was made the ground-work of the edifice.
It was composed of the Justices of the Peace of the several
counties, with an appeal to the Provincial or Supreme Court.
The Provincial Court originally consisted of five Judges. The
number afterwards varied from five to three, who went their
Circuits every fall and spring in each county. To it belonged
the cognizance of the higher criminal offences, and all appeals
from the County Courts, both in law and equity. To complete
the structure were added the Quarter Sessions and Orphans'
Court, and the Admiralty. Such was the plan of the Judicial
system established at the settlement of the Colony; so simple, yet
convenient in its arrangements, that though frequent alterations
were made in its details by subsequent legislation, the general
outline remains to the present day a standing proof of its endur-
ing excellence."
In addition to the regular County Court, a tribunal was estab-
lished by Act of March 10, 1683-4, called the Peace-Makers,
consisting of three persons, who held their appointment from the
Court. Their duties seem to have been somewhat analogous to
those of Arbitrators. Their judgment, however, when certified to
the Court, was conclusive of its sentence.
The County Courts were early (1685) made Courts of Equity
as well as Law, but the Law and Equity sides were distinct,
though held by the same Justices, except that when sitting in
Equity they were called Commissioners, as will be seen by refer-
ence to the minutes of the Courts of Chester County, (all the
Records of the Common Pleas of Philadelphia, previous to 1789,
are missing.) See Dr. Smith's History of Delaware Co., 161.
The foot notes to Dallas' Laws, in the different Acts relative
to the organization of the Courts, are interesting in this connec-
tion, (see / Dallas, 172-74, &c.,) as are also the sketch of the
Court of Equity given by Henry William Rawle, Esq., in his
discourse before the Law Academy, February n, 1868, and the
address of the Hon. James T. Mitchell, one of the Judges of the
late District Court, at its final adjournment on January 4, 1875.
This introduction would hardly be perfect without reference
PREFACE. V
to the former lists of admissions to the Bar, and lists of our law-
yers that have appeared in print, viz:
The Members of the Philadelphia Bar. A complete catalogue
from July, 1776, to July, 1855, by R. F. Williams, Philadelphia,
1855, pp. 50.
A Catalogue of the Philadelphia Bar, admitted between June
i, 1855, and January i, 1861 ; compiled from the records of the
several Courts in the City of Philadelphia, by Horace L. Peter-
son, Esq. Printed by King & Baird, 1861.-
A List of Admissions to the Philadelphia Bar from 1855 to
1867, will be found in The Age newspaper of January i, 1867.
The Philadelphia Bar, a complete catalogue of the Members
from 1776 to 1868, by E. Cooper Shapley and David Paul
Brownf Jr., Esquires; Philadelphia, 1868, pp. 53.
The offering of the carrier of the Legal Gazette to its patrons,
December 25, 1871, being a list of the practising lawyers of the
Philadelphia Bar, arranged according to seniority of admission,
with the dates thereof, to February 23, 1871 ; pp. 7.
" List of the practicing Members of the Philadelphia Bar," with
the dates of their admission. Printed by John Campbell & Sons,
October 10, 1879; PP- I0 -
Directory of the Members of the Philadelphia Bar, being a list
of the practising Attorneys, and the location of their offices ; a
pocket edition, by Richard C. Winship, Esq., 1879; PP- 34 > 2n ^
edition, 1881; pp. 38; 3rd edition, 1883; pp. 48.
The Philadelphia Legal Directory, for the use of the profession,
giving a list of the practising Lawyers, with the location of their
offices, &c. Compiled by E. C. Markley & Son, 1882; pp. 14.
The Philadelphia Directories, from 1854 to 1868, published
each year a list of the practising Lawyers, and similar lists have
been continued in "The Philadelphia Business Directory" and
in " Boyd's Business Directory," since 1868.
Among the many customs imported from England, relative to
the members of the legal profession, is the practice of carrying
their briefs and papers to Court in what are termed "Lawyer
bags." The profession generally, until after the Civil War of
1861-5, carried green bags, though a few of the older lawyers
varied the custom by using those of a blue color, but red bags
are a modern innovation, within the last ten years.
In this connection the following article from Jeaffreson's book
VI PREFACE.
about lawyers may not be deemed inappropriate, but a fitting
conclusion to the introduction of this work to the profession,
wherein I have striven to rescue from oblivion the names of the
good men and true who have labored on the Bench and at the
Bar of Philadelphia.
"On the stage of the Carolina theatres, the lawyer is found
with a green bag in his hand ; the same is the case in the litera-
ture of Queen Anne's reign ; and until a comparatively recent
date, green bags were generally carried in Westminster Hall and
in provincial Courts by the great body of legal practitioners.
From Wycherley's 'Plain Dealer,' it appears that in the time of
Charles II., angry clients were accustomed to revile their lawyers
as 'green-bag carriers.' When the litigious widow Blackacre
upbraids the barrister who declines to argue for her, she exolaims :
' Impertinent again, and ignorant to me ! Gad's boddikins ! You
puny upstart in the law, to use me so; you green-bag carrier; you
murderer of unfortunate causes, the clerk's ink is scarce off your
fingers.' In the same drama making much play with the green
bag Wycherley indicates the widow Blackacre's quarrelsome
disposition by decorating her with an enormous green reticule,
and makes her son, the law student, stagger about the stage in a
gown and a heavy burden of green bags.
So, also, in the time of Queen Anne, to say that a man intend-
ed to carry a green bag, was the same as saying that he meant to
adopt the law as a profession.
In Dr. Arbuthnot's History of John Bull, the prevalence of
the phrase is shown by the passage, ' I am told, cousin Diego,
you are one of those that have undertaken to manage me, and
that you have said you will carry a green bag yourself, rather than
we shall make an end of our law suit. Til teach them and you,
too, to manage.' It must, however, be borne in mind that in
Queen Anne's time, green bags, like white bands, were generally
adopted by solicitors and attorneys, as by members of the bar.
In his 'character of a pettifogger,' the author of The London Spy,
observes: ' His learning is commonly as little as his honesty, and
his conscience much larger than his green bag.'
Some years have elapsed since green bags altogether disappear-
ed from our courts of law ; but the exact date of their disappear-
ance has hitherto escaped the vigilance and research of Colonel
Landman, ' Causidicus,' and other writers, who in the pages of
PREFACE. Vll
that useful and very entertaining publication, Notes and Queries,
have asked for information on that point and kindred questions.
Evidence sets aside the suggestion that the color of the lawyer's
bag was changed from green to red, because the proceedings at
Queen Caroline's trial rendered green bags odious to the public,
and even dangerous to their bearers ; for it is matter of certainty
that the leaders of the Chancery and Common law bars carried
red bags at a time considerably anterior to the inquiry into the
Queen's conduct.
In a letter addressed to the editor of Notes and Queries, a
writer who signs himself ' Causidicus,' observes: 'When I entered
the profession (about fifty years ago) no junior barrister presumed
to carry a bag in the Court of Chancery, unless one had been
presented to him by a King's counsel, who, when a junior was
advancing in practice, took an opportunity of complimenting
him on his increase of business and giving him his own bag to
carry home his papers. It was then a distinction to carry a bag,
and a proof that a, junior was rising in his profession. I do not
know whether the custom prevailed in other courts^' From this
it appears that fifty years since the bag was an honorable distinc-
tion at the Chancery bar, giving its bearer some such professional
status as that which is conferred by 'silk,' in these days when
Queen's counsel are numerous.
The same professional usage seems to have prevailed at the
Common Law bar more than eighty years ago; for in 1780, when
Edward Law joined the northern circuit and forthwith received
a large number of briefs, he was complimented by Wallace on
his success and presented with a bag. Lord Campbell asserts
that no case had ever .before occurred when a junior won the
distinction of a bag during the course of his first circuit. There
is no record of the date when members of the junior bar received
permission to carry bags according to their own pleasure; it is
even matter of doubt whether the permission was ever expressly
accorded by the leaders of the profession, or whether the old
restrictive usage died a gradual and unnoticed death. The
present writer, however, is assured that, at the Chancery bar,
long after all juniors were allowed to carry bags, etiquette forbade
them to adopt bags of the same color as those carried by their
leaders. An eminent Queen's counsel, who is a member of that
bar, remembers that when he first donned a stuff gown, he, like
Vlll PREFACE.
all Chancery juniors, had a purple bag, whereas the wearers of
silk at the same period, without exception, carried red bags.
Before a complete and satisfactory account can be given of the
use of bags by lawyers, as badges of honor and marks of distinc-
tion, answers must be found for several questions which at present
remain open to discussion. So late as Queen Anne's reign,
lawyers of the lowest standing, whether advocates or attorneys,
were permitted to carry bags a right which the junior bar
appears to have lost when Edward Law joined the northern
circuit. At what date between Queen Anne's day and 1780
(the year in which Lord Ellenborough made his debut in the
north,) was this change effected?
Was the change gradual or sudden? To what cause was it due?
Again, is it possible that Lord Campbell and 'Causidicus' wrote
under a misapprehension, when they gave testimony concerning
the usages of the bar with regard to bags, at the- close of the last
and the beginning of the present century? The memory of the
distinguished Queen's counsel, to whom allusion is made in the
preceding paragraph, is quite clear, that in his student days
Chancery juniors were forbidden by etiquette to carry red bags,
but were permitted to carry blue bags; and he is strongly of
opinion that the restriction to which Lord Campbell and ' Causidi-
cus' drew attention did not apply at any time to blue bags, but
only concerned red bags, which, so late as thirty years since,
unquestionably were the distinguishing marks of men in leading
Chancery practice."
CONTENTS,
PAGE.
Addenda, ........ xv
Addresses before the Law Academy, . . . . ,. 232 <
Additional Appointments, ...... 184'
Adjutants-General, . . . . . . .176
Admissions to the Chester County Bar, . . . . 240
Philadelphia Bar, ..... 243
Advocates in the Vice Admiralty, . . . . 8
A List of Attorneys from Directory of 1785, xv
Attorneys from Sheriffs Deed Book B, . . . 237
the Departed Saints of the Law, .... 239
Directories of Philadelphia, . . . . 153
Some Old Lawyers of the Province, . . . 236
An Act establishing a Post Office, . . . . .126
Assistant City Engineers, . . . . . .151
Surveyors, . . . . . .151
Attorneys-General of the Province, ..... 26
Commonwealth, . . . . 27, 184
Lower Counties, .... 22
Auditors- General, . . . . . . .175
of Accounts, . . . . . .174
Bibliography of the Laws of Pennsylvania, . . . .185
Pennsylvania Reports, .... 191
Board of Public Charities, . . . . . .183
Public Education, . . . . . .121
Revision of Taxes, ...... 108
Chancellors of the Law Association, ..... 220
Court of Equity, ..... 63
Chief Justices of the Provincial Supreme Court, . . . 18, 154
Pennsylvania, ..... 22
the Lower Counties, ..... 20
Chief Commissioners Department of Highways, . . 153
Engineers of the Fire Department, .... 109
Engineers and Surveyors, . . . . .150
Inspector of the Health Office, . . . . .118
Chiefs of Police, ....... 108
City Controllers, ....... 109
Court, ........ 59
Solicitors, ....... 88
Treasurers, . . . . . .* . ' IO2
Clerks of the Circuit Court of the United States, . . . 12
City Court, ...... 61
Common Council, . . . . .114
District Court of the United States, ... 9
1
X CONTENTS.
FACE.
Clerks of the Mayor's Court, ...... 77
Orphans' Court, .... 7 1
Provincial Assembly, . . . . .168
Provincial Council, . . . . .167
Quarter Sessions, .... 82
Select Council, . . . . . .114
Collation of the Session Laws, . . . . .211
Collectors of the Customs (Port,) ..... 130
Excise, ....... 107
Delinquent Taxes, ..... 109
Commanders-in-Chief of the United States Army, . . .176
Committee of Defence, . . . . . .124
Safety, 177
Common Councilmen, 1701 to 1776, . . . . no
Commissioners of Charities, . . ... 183
of Fisheries, . . . . . . 1 84
of Insolvents, . . . . . .81
of Property, . . . . . .172
of Rivers and Streams, . . . .184
for Settling the Colony, . . . .171
Comptrollers-General, . . . . . . 175
Controllers of the City, . . . . . .184
Customs, . . . . . .132
Coroners, ........ 103
Correction in list of Mayors, . . . . . 155
Council of Safety, . . . . . . .178
County Courts of Philadelphia County, .... 36
Court of Admiralty, (a sketch,) ..... 5
Appeals in cases of Capture, .....
Common Pleas, (a sketch,) . . . ' . 48
No. I, . . . . .56
No. 2, . . . . .56
No. 3, 57
No. 4, 57
Criminal Sessions, ...... 81
the County, (a sketch,) ..... 36
Equity, (Chancery,) ...... 6l
Errors and Appeals, ...... 64
General Sessions, ...... 82
Quarter Sessions, ...... 36
Department of Highways, . . . . . 153
Surveys, . . . . . .151
Departed Saints of the Law, ...... 239
Deputy Attorneys-General, ...... 85
Directors of the United States Mints, ..... 135
District Attorneys of the United States for Philadelphia, . . 10
Attorneys, ....... 87
Court, ........ 77
Surveyors and Regulators, . . . . .152
Door-keepers of the Provincial Assembly, . . . .169
Errata, ....... . xvi
Escheators- General, . . . . . . 175
Examiners of the Court of Equity, ..... 63
Fire Marshals, ....... 109
CONTENTS. XI
PAGE.
Governors of Pennsylvania, . . . . . .162
Harbor Masters, . . . . . . 115, 184
Health Officers, . . . . . . .117
High Court of Errors and Appeals, .....' 64
Interpreter of the Quarter Sessions, . . . . .84
Interpreters of the Board of Health, . . . . .116
Introduction to the Bench and Bar, ..... 234
Judges of the Admiralty, . . . . . . 7
Circuit Court of the United States, 10
Common Pleas, (Associates,) . . .54
Court of Equity, ..... 6l
Court of Errors, ...... 64
City Court, . . . . ... 59
Criminal Sessions, . . .82
District Court, . . . .. . . 79
District Court of the United States,
General Sessions, ..... 82
High Court of Errors and Appeals, ... 64
Orphans' Court, . . . . . .71
Recorder's Court of Northern Liberties, . . 92
Supreme Provincial Court, .... 19
Supreme Provincial Court of the Lower Counties, . 20
United States Circuit Court, 10
United States District Court, ....
Vice Admiralty, . , .. . . 6
Justices for New Castle County, . . . .22
for Sussex County, . . . . . .21
of the City Court, ....... 60
Common Pleas, ...... 53
County Courts C. P., Q. S. and O. C., . . 42
Courts of Chester County, . . . 157
Mayor's Court, ...... 76
Orphans' Court, ...... 67
Peace, Record of Commissions, . . . 12
Quarter Sessions, ..... 42
Supreme Court of Pennsylvania, ... 23
Supreme Court of the Lower Counties . . 20
Supreme Provincial Court, . . . . 19
Keepers of the Great Seal, ...... 169
Law Academy, .....'.. 223
a sketch of, . . . . . . 224
Law Association, . . . . ... .219
Lazaretto Physicians, . . . . . . I2O
Legal Newspapers, . . . . . . .198
Lieutenant-Governors of the Commonwealth, .... 181
List of Addresses before the Law Academy, .... 232
Admissions to the Philadelphia Bar, .... 243
Attorneys from Sheriffs Deed Book B., . . 237
Chester County Admissions, 1682 to 1795, . . . 240
Departed Saints of the Law, . . . . . 239
Essays Before the Law Academy, .... 233
Xli CONTENTS.
PAGE.
List of Justices Commissioned for the County Court, ... 28
Justices Commissioned for the Supreme Provincial Court, . 12
Mayors of the City, . . .. . . . <>4
Principal City Surveyors, . . . . .150
Some Old Lawyers of the Province, .... 236
Manual of Councils, . . . . . . .114
Marshals of the Admiralty, ...... 9
Police, . . . . . . .IO8
Master of Rolls, . . ' . . . .104
Masters in Chancery, . . . . . . 6j
Mayor's Court, . . . . . . . -75
of Northern Liberties, . . . . 93
of Philadelphia, . ... . . .94, 155
Members of Congress, . . . . . . .121
Committee of Defence, . . . . .124
Committee of Safety, ..... 177
Council of Safety, . . . . . .178
Provincial Council, . . . . .165
Supreme Executive Council, . . . 179
Naval Officers, . . . . 133
Navy Agents, . . . . . . . 134
Officers of the Board of Education, ..... 121
Law Academy, ...... 226
Law Association, ..... 220
Orphans' Court, (a sketch,) ...... 65
Re-organized, . . . .70
Pamphlet Reports of Pennsylvania Trials, .... 201
Philadelphia Directories, . . . . . 153
Police Magistrates, . . . . . 97
1'ii^t Masters at Philadelphia, ....... 124
PMt Offices in Philadelphia, . . . . . .126
Port Physicians, . . . . . . .116
President Judges of the Common Pleas, .... 52
Judge of the Orphans' Court, .... 70
judges of the District Court, . . . 78
Presidents of the Board of Education, . . .121
Board of Health, . . . . .115
Board of Public Charities, . . . .183
Common Council, . . . . .113
Guardfhns of the Poor, . . . .115
Senate of the State, ..... 181
Supreme Executive Council, .... 178
Select Council, . . . . .112
Presiding Judges of the City Court, ... 59
Justices of, the Common Pleas, .... 50
Chester County Courts, . . .156
Orphans Court, .... 67
Quarter Sessions, .... 40
Mayor's Court, 75
Principal Assistant City Engineers, . . .151
Principal City Surveyors, .... .150
Proprietary Agents for Issuing Law Warrants, . . 173
CONTENTS. Xlll
PAGE.
Proprietary's Secretaries, ...... 173
Prosecuting Attorneys, . . . . .85
Prothonotaries of the Common Pleas, ..... 57
District Court, ..... 80
Supreme Court, . . . . .25
Provosts of the Law Academy, ..... 226
Publications of the Law Association, ..... 221
Quarantine Masters, ... . . . . . I-2O
Quarantine Station, (a sketch,) . . . . .118
*
Record of Commissions of the County Justices, ... 28
Supreme Provincial Justices, . . 13
Recorders of the City, ...... .97,184
Courts of the Northern Liberties, &c., ... 92
Deeds, ....... 106
Receivers-General of the Land Office, . . . .172
Receivers of Taxes, ....... 199
Lxegisters of the Admiralty, ...... 9
in Chancery, ...... 63
Court, ....... 135
General of Wills, . ..... 72
Taxes, (Public Accounts,) . . . . 175
of Wills, ....... 74
Salaries of County Officers, ...... 88
Secretary of the Board of Surveys, ..... 153
Secretaries of the Board of Education, .... 121
Board of Public Charities, .... 183
Commonwealth, . . . . . 169
Internal Affairs, . . . . .174
Land Office, . . . . . 173
Province, . . . . . .167
Senators of the United States from Pennsylvania, . . . 180
Sergeants-at-Arms of Provincial Assembly, . . . .169
Sheriffs of Philadelphia, ...... 99
Solicitors in Chancery, . . . . . . -63
of the Board of Health, ..... 92'
the City, ...... 88
the County, ...... 89
the Districts, ...... 89
the Guardians of the Poor, .... 92
Kensington, . . . . . .91
Manayunk, ...... 92
Moyamensing, ...... 90
Northern Liberties, ..... 90
Penn Township, ..... 91
Richmond ...... 92
South wark, . . . . .90
Spring Garden, ...... 91
West Philadelphia, . . . .92
Speakers of the Provincial Assembly, ..... 167
House of Assembly, . . . . . ' 182
Senate, . . . . . .181
Standing Masters in Chancery, ..... 24
State Treasurers, . . . . . . .170
XIV CONTENTS.
MU2B.
Superintendents of the Mint, . . . . . 135
Supreme Executive Council, . . . . . .178
Surveyors of the Customs, . . . . . .132
General of the Customs, . . . . .132
General of Pennsylvania, . . . . 173
and Regulators of Streets, (a sketch,) . . . 141
The County Courts of Philadelphia, . . . . -3
Town Clerks, . . . . . . . .112
Treasurers of the City, .... .102
Commonwealth, . . . . .170
County, ...... 107
United States District Attorneys, . . . . .10
Shipping Commissioners, . . . 133
Vice Chancellors of the Law Association, . .221
Vice Presidents of the Committee of Safety, . . 177
Supreme Executive Council, . .178
Vice Provosts of the Law Academy, . . . 226
XV
ADDENDA.
James A. Gorman was admitted to the Bar on March 5, 1883,
too late to put his name in the list at its proper place.
Hon. George Sharswood delivered the Annual Address before
the Law Academy, on the evening of March 13, 1883, on "The
History of the Academy."
Gustavus Smith Benson, admitted to the Bar on January 12,
1828, died on March 22, 1883, i tne Tjth year of his age. He
was a broker, and never practised at the Bar.
Ex-Governor Henry Martyn Hoyt, a member of the Bar of
Luzerne County, was admitted to practice in the various Courts
of Philadelphia, on March 31, 1883, on motion of Ex-Chief-
Justice Sharswood. And on the same day the following other
gentlemen were also duly admitted : R. Osborn Moon, Julius
Ludewig Koethen, Jr., and Henry W. Blakeslee.
A List of Counsellors-at-Law.
FROM WHITE'S DIRECTORY OF 1785.
Jacob Bankson, William Lewis,
William Barton, Peter Z. Lloyd,,
John Blair, Joseph Moylen, 4
William Bradford, Joseph B. McKean,
Edward Burd, John F. Mifflin,
George Campbell, Robert Milligan,
John D. Coxe, Governeur Morris,
Matthew Coulthurst, Stephen Du Ponceau, 5
Daniel Clymer, William Rawle,
George A. Dallas, 1 Thomas Ross,
Myers Fisher, 2 Samuel Sitgreaves,
John Haley, Jonathan D. Sergeant, 6
Assheton Humphreys, Charles Swift,
Charles Heath, 3 Edward Tilghman,
Jacob Howell, John Vannost,
Jared Ingersoll, Ja*mes Wilson,
Moses Levy, Alexander Wilcox. 7
1 This name should no doubt be Alexander James Dallas.
2 Miers Fisher. 5 Peter Stephen Du Ponceau.
3 Charles Heatley. 6 Jonathan Dickerson Sergeant.
* Jasper Moylan. 7 Alexander Wilcocks.
XVI
ERRATA.
On page 1 6 it is stated that Dr. Thomas Graeme died Sept. 14,
1772, aged about 84 years. Mr. Westcott says he died before
May 23, 1758, and the 1772 Graeme must have been another.
On page 33 I have stated that the Judges of the Common
Pleas, appointed under the Act of Sept. 29, 1759, Duke of York s
Laws, pp. 405-7, held the Courts of Quarter Sessions ; this is
erroneous, they only sat in the Common Pleas and Orphans'
Courts. The Justices of the Peace continued to hold the Quarter
Sessions, and no Justice in commission could be a Judge of the
Common Pleas under the provisions of that Act. See correction
in note 2, page 41.
On the same page, in the i4th line from the bottom, March
20, 1761, is given as the date of Alexander Stedman's advance-
ment to the Supreme Court; it should be March 21, 1764. See
pp. 16 and 19.
In the lisfof Philadelphia Directories, on page 153, 1 neglected
to mention that in 1800 there was one issued called '-The New
Trade Directory," containing a complete list of all the occupa-
tions and trades, to which is added an alphabetical list of all the
streets, alleys and lanes in the City and Liberties, printed in 1799.
On page 220, it should have been stated that John Sergeant
served as Chancellor of the Law Association until his death in
1852.
On page 244, Robert Alsop's death is omitted ; he died Aug.
31, 1871, aged 62 years.
On page 230, Charles L. Dubisson ought to be Charles L.
Dubuisson, as it is given in the Bar List, p. 264.
James Ltikins, on page 288, should be Lukens; see page 239.
I neglected to note that Alexander McKinley, p. 291, was,
during the Rebellion, Private Secretary to Admirals Farragut,
DuPont and Rogers, of the U. S. Navy.
Horace L. Peterson, p. 301, died at Yokohama, Japan, and was
the Private Secretary to the Admiral commanding the Asiatic
Squadron of the United States Navy. He entered the service
during the Rebellion of 1861-5.
Edward L. Teakle, see page 316, was admitted to the Bar in
1871, not 1831, as printed. His full name is Edward Lambert
Teakle.
MARTIN'S
BENCH AND BAR
OF
PHILADELPHIA.
THE COURT OF ADMIRALTY.
WILLIAM PENN and his Council exercised the Admiralty
Jurisdiction in Pennsylvania and the lower counties, from March
9, 1683, until 1693, after which time the Judges of the Vice
Admiralty here were appointed by the Commissioners of the
Admiralty in England ; of course the commissions were by the
Crown under the Great Seal of the High Court of Admiralty.
Philadelphia was included in the district composed of the " prov-
ince of New yorke, Colonyes of East & West Jersey, province
of pennsilvania et Countries of New Castle, &c." In the old
" Docquets," at Philadelphia, the Court is styled the Court of
Vice Admiralty. The first entry is in 1735, an ^ the "Hon.
Charles Read, Esq.," is called the " Comissary of the Court of
Vice Admiralty of the Province of Pennsilvania," and on the
minutes " Sole Judge." The last record in the minute books of
that Court is in 1759, and no proceedings are to be found re-
corded until those before " the Honorable George Ross, Esquire,
Judge of the Court of Admiralty, lately instituted in the Province
of Pennsylvania, by the General Assembly thereof, pursuant to
the recommendation of the Honorable Continental Congress."
In 1789, by the Constitution of the United States, the Admiralty
jurisdiction was vested, in the United States District Court.
The list of the Admiralty Judges, in Colonial times, is not en-
tirely satisfactory to myself. In 1703, Col. Quarry obtained in
some manner a commission for Pennsylvania and West Jersey,
which rendered Mompesson's office worthless. But this does not
appear to have continued long. Logan Papers, i vol. 311, says
that John Moore was Deputy Judge of the Vice Admiralty for
Col. Seymour, Governor of Maryland and Vice Admiral of
Maryland, Pennsylvania and New Jersey, 5 mo. 20, 1704. These
appointments do not seem, however, to have interfered much
with Judge Mompesson, who held the office until William Asshe-
ton was appointed, and that date I am unable to fix, except by
the date on his Book-plate, viz : 1718.
6 MARTIN'S BENCH AND BAR
In 1768, Jared Ingersoll, the elder, of Connecticut, was ap-
pointed Commissioner of Appeals or Judge of the Court of Vice-
Admiralty for New York, New Jersey, Pennsylvania, Maryland
and Virginia, at a salary of ^600 per annum, to be held at
Philadelphia, (see 4 Pa. Arc., 600; 2 Proud, 291, and Gordon* s
Penna., 628, Appendix,} and as he had original jurisdiction in
Admiralty matters, it rendered Shippen's office as Judge " of
little or no annual value." James iiiddle was Deputy Commis-
sary or Judge for Pennsylvania See 4 Pa. Arc., 600, (1775)
wherein Edward Shippen is called " The Judge of the Court of
Admiralty of the Province of Pennsylvania." On the Docket,
Nov. 14, 1758, he it styled Judge of the Vice Admiralty.
Judges of the Vice Admiralty
SITTING IN PHILADELPHIA.
William Penn, and Council, March 9, 1683
Thomas Lloyd, " " n,8mo., 1684
Benjamin Fletcher, Vice Admiral, Oct. 20, 1692
Wm. Markham, 1 Sole Judge, May 17, 1693
Col. Robert Quarry, , 1697
Robert Snead, Deputy, i C. J?., 531, Aug. 8, 1699
John Moore, " " 550, April 13, 1700
Roger Mompesson, 2 Logan Papers, 9, 5 mo., 1703
Robert Quarry, Pa. 6 West Jersey, 9 br, 1703
John Moore, Deputy for Seymour, 5 mo. 20, 1704
William Assheton, 3 in office, , 1718
Josiah Rolfe, Sole Judge, June 25, 1724
Joseph Browne, " Oct. 6, 1724
Isaac Miranda, Deputy Judge, July 19, 1727
Charles Read, Sole Judge, April , 1735
Andrew Hamilton, " " Aug. 18, 1737
Thos. Hopkinson, 4 " " , 1741
1 William Markham was appointed by Benjamin Fletcher, the Vice Admiral,
&c., " his Deputy or Surrogate in the s d office of Vice Admiralty, as far as it
extended over s d province of pennsilvania & Countrey of New Castle." I
C. K., 311 and 314.
' J Mompesson had arrived here at this date; I Logan Papers, 200. Hi-
commission as Judge, of the Vice Admiralty included Massachusetts Bay, New
Hampshire, Connecticut, Rhode Island, New York, the Jerseys and Penn-
sylvania; Street's New York Council of Revision, 75; but Col. Quarry in
some way got a commission as Judge of the Admiralty for Pennsylvania ami
West Jersey. I Logan Papers, 281, Nov., 1703. In I C. J?., 575, Quarry is
spoken of as Judge of the Court of Admiralty of Pennsylvania and West Jersey,
on May 14, 1700, and Moore as Advocate.
:1 The inscription on the Book-plate referred to is as follows : " William
Assheton of Gray's Inn, Esquire, Judge of the Court of Admiralty in Penn-
sylvania, 1718." See, also, 3 C. X., 182, May 18, 1722, where he is stated to
be "Judge of His Majesties Court of Vice Admiralty for this Province."
4 See 2 Pennsylvania Magazine, 314.
OF PHILADELPHIA. 7
Dr. Patrick Baird, Deputy, Dec. 14, 1749
Edward Shippen, Jr., 1 Judge, Nov. 22, 1752
Jared Ingersoll, Commissary, Oct. 17, 1768
James Biddle, Deputy. Oct. 17, 1768
Judges of the Admiralty,
UNDER T1IK COMMONWEALTH OF PENNSYLVANIA.
George Ross, 2 commissioned April 6, 1776
Francis Hopkinson, " July J 6, 1779
1 In the history of the First Oty Troop, it is stated, JAMES MEASE was " Ad-
miralty Surveyor of the Port of Philadelphia, 1796-1825."
The Board of Surveyors in the Admiralty Court at Philadelphia are
appointed by the Court ; and in 1856 Judge Kane issited a set of rules for the
guidance of the Board. A writ is issued to the gentlemen named as "survey-
ors of damaged goods and vessels" in each case. They are appointed in pur-
suance of an ancient law and custom, of the Court of Vice Admiralty of Penn-
svli'iinia, derived from the practice of the High Court ef Admiralty in England,
of so ancient a date that the memory of tn an runneth not to the contrary. This
office is recognized in the Act of Congress of May 8th, 1792, section 10 ; /
Statutes 278, but in the Revised Statutes that part about surveyors' affidavits
was dropped by the commissioners who revised the Statutes, as they no doubt,
were ignorant of the practice of the Admiralty to issue writs to surveyors to
examine damaged goods and vessels. An old writ of this nature was issued
in 175 j. It is as follows :
" Vice Admiralty of Pennsylvania
" Edward Shippen, Jr. Esq., Judge of his Majesty's Court of Vice Admiralty for the Province
of Pennsylvania.
"To Joseph Richardson and John Stamper, merchants, Captain William Wassdell and
Nehemiah Allen, cooper, all of the city ol Philadelphia.
" Whereas, the ship Molly, whereof William Allison is Commander, lately arrived in the
Port of Philadelphia from Antigua, and it is said the Cargo on Board the said Ship hath
sustained Considerable Damage in her late voyage from Antigua aforesaid, TO THE END,
therefore, that Justice may be duly Administered to all persons therein concerned, and that
the Damage Sustained may be more truly known and ascertained, THESE are by his Maj-
esty's Authority to will and require you, or any two of you, forthwith diligently to View and
Survey the Goods, Wares, and Merchandise on Board the said Ship as the same now are,
and Examine the Damage accrued to the same, whether by the insufficiency of the said Ship,
through bad Stowage, or any other neglect or mismanagement of the Mariners on Board the
said Ship, or otherwise. And you are required to make and return a true report in the
premises into the said Office of Vice Admiralty, according to the best of your Skill and
Judgment, upon your respective Oaths or Solemn Affirmations, according to Law and Cus-
tom.
" Given under the Seal of the said Office of Vice Admiralty at Philadelphia, the tenth day
May, in the twenty-eighth yearof the Reign of our Sovereign Lord, George II., Anno Domini
one thousand seven hundred and fifty-five.
"EDWARD SHIPPEN, JR."
- The Continental Congress recommended the several Legislatures of the
United Colonies to create Courts of Admiralty. Journal of Congress, I vol.
260. An appeal being allowed to Congress in all cases, or to such person or
persons as they should appoint for the trial of appeals. On Sept. 9, 1776, a
committee consisting of Richard Stockton, Samuel Huntington, Robert Treat
I'aine, James Wilson and Thomas Stone were appointed to hear an appeal in
the case of the schooner " Thistle." This committee appears never to have
met but once, namely, on Sept. 16, 1776, in the State House, to hear the appeal
from the decision of Judge Ross. See Admiralty Docket, Record in Prize.
1776, in which the Committee are denominated Commissioners.
5 MARTIN'S BENCH AND BAR
Judges of the United States District Court for the
Eastern District of Pennsylvania.
Under Act of Congress Sept. 24, 1789
Organizing U. S. District and Admiralty Courts.
Francis Hopkinson, commissioned Sept. 30, 1789
William Lewis, July 20, 1791
Richard Peters, April n, 1792
Joseph Hopkinson, 1 Oct. 23, 1828
Thomas Bradford, Jr., 2 Jan'y , 1842
Archibald Randall," 5 March 8, 1842
John K. Kane, June 16, 1846
John Cadwalader,* April 26, 1858
William Butler, " Feb. 12, 1879
Advocates for the Crown.
IN THE VICE ADMIRALTY.
John Moore, appointed May 19, 1698
David Lloyd, 5 in office 2, 8 mo., 1702
Joseph Growden, Jr., sworn in April , 1735
Court of Appeals in Admiralty.
IN CASES OP CAPTURE.
Established by Congress, Jan.
15, 1780. To consist
of three Judges,
to be
elected by Congress.
Sessions to be held at
Philadelphia.
William Paca,
elected
Jan'y 22,
1780
George Wythe,
declined
a
1780
Titus Hosmer,
elected
tt a
1780
Cyrus Griffin,
"
April 28,
1780
John Lowell,
"
Dec. 5,
1782
George Read,
tt
Dec. 5,
1782
Paca resigned Nov. 21. 1782, being elected Governor of Mary-
land. Judge Griffin died in 1810, aged 62, being Judge of the
U. S. District Court of Virginia.
June i, 1785, Congress, by resolution, discontinued the salaries
of the Judges. See Journal of Congress. On June 27, 1786,
they were authorized to grant new trials, &c. The Court expired
with the Confederacy.
1 There is a volume of reports of his decisions included in his works.
2 Appointed by the President, but not confirmed by the Senate.
In the place of Horace Binney, who declined Jan'y 31, 1842.
4 Died Jan'y 26, 1879, in the 74th year of his age.
"'James Logan says of Lloyd, in a letter to Penn, 2d 8 mo., 1702, (i Logan
Papers, 139.) " He is now made J. Moore's Deputy Judge of the Admiralty,
Advocate at the said Court, and is now at New Castle upon a trial in it, not-
withstanding his opposition to it before thy arrival occasioned thee so much
trouble." This means that John Moore, who was the Deputy Judge, as we
well know, made David Lloyd the Advocate for the Crown in his court.
OF PHILADELPHIA. 9
Registers of the Admiralty.
AT PHILADELPHIA.
Patrick Baird, Clerk June 24, 1724
" " Register April , 1735
William Peters, Oct. 20, 1744
Philip How, in office , 1771
John Smith, his Deputy , 1771
Richard Peters, in office , 1771
Andrew Robeson, died May , mi, ag ed years. July 15, 1776
James Read, appointed June 5, 1781
CLERKS OF THE U. S. DISTRICT COURT.
Samuel Caldwell, appointed Oct. 6, 1789
David Caldwell, Nov. 27, 1798
Francis Hopkinson, Oct. 7, 1831
Thomas Leiper Kane, March 9, 1847
Charles Ferris Heazlitt, Jan'y i, 1858
John M. Jones, July 16, 1858
Gilbert Rodman Fox. Dec. 29, 1860
Charles Shippen Lincoln, April 19, 1875
MARSHALS OF THE ADMIRALTY.
Robert Webb, in office - , 1697
Richard Brockden, " April , 1735
Jlldah FoulkC, diedJan. 14, 1776, aged63, " , 1770
Arodi Thayer, " - , 1771
Matthew Clarkson, appointed April 10, 1776
Clement Biddle, 1 " Nov. 10, 1780
David Lenox, Sept. 26, 1793
William Nichols, May 18, 1795
John Hall, died Sept. 10, 1826, aged 87, " Dec. 6, l8oO
John Smith, " Mar. 28, 1801
Samuel D. Ingham vice Smith, " J an 'y 26, 1819
John Conard, Feb'y 16, 1819
George B. Porter, Feb'y 22, 1831
Abiah Sharp, Sept. 5, 1831
Benjamin Say Bonsall, d. Aug. 11, iss-, " Feb'y 2, 1832
Samuel D. Patterson, Sept. 25, 1837
Isaac Otis, " April 26, 1841
George M. Keim, " July 7> ^43
Anthony E. Roberts, " May 9, 1849
Francis M. Wynkoop, " March 9, 1853
Jacob S. Yost, " March 31, 1857
William Millward, " April 26, 1861
1 Appointed U. S. Marshall of the Pennsylvania District, Sep. 30, 1789. This
official is now styled the U. S. Marshall for the Eastern District of Pennsylvania.
10 MARTIN'S BENCH AND BAR
Peter C. Ellmaker, appointed July 6, 1865
Gen. John Ely, died MJ 4, law, " April 27, 1869
Edgar M. Gregory, died NOV. - : mi, " May n, 1869
James N. Kerns, Nov. 14, 1871
United States District Attorneys
FOR THK KASTKUX DISTRICT OF PENNSYLVANIA.
William Lewis, commissioned Octb'r 6, 1789
William Rawle, July 18, 1791
Jaredilngersoll. May 7, 1800
Alexander James Dallas, March 10, 1801
Charles Jared Ingersoll, Feb. 28, 1815
George Mifflin Dallas, April 7, 1829
Henry Dilvvorth Gilpin, Dec. 30, 1831
John Meredith Read, June 23, 1837
William Morris Meredith, March 25, 1841
Henry Miller Watts, May 13, 1842
Thomas McKean Petti t, May 5, 1845
John Wayne Ashmead, May 12, 1849
James C. Van Dyke, " March 12, 1854
George Mifflin Wharton, April 17, 1860
George Alexander Coffey, " July 22, 1861
Charles Gilpin, " March 19, 1864
John P. O'Neil, April 20, 1868
Aubrey Henry Smith, " April 5, 1869
William McMichael, March 17, 1873
John King Valentine, 1 " Nov. 6, 1875
Judges of the United States Circuit Court.
EASTERN DISTRICT UK PENNSYLVANIA.
THIRD JUDICIAL CIRCUIT.
See Act of Congress, Sept.
And Brightley's Digest of U.
James Wilson, assigned
John Blair, "
William Gushing, 2 "
William Paterson, "
James Iredell,- "
Samuel Chase, 2 "
24, 1879.
S. Statutes.
April 12,
April n,
Oct. n,
March 1 1,
April n,
April n,
1790
1792
1792
J793
1793
1798
1 Mr. Valentine was AhM-tant District Attorney from May, 1864, to the day
of his appointment. Henry Hazlehurst, and Hood Gilpin, were appointed
.instants by Mr. Valentine in 1875, Henry P. Brown in 1876, and James S.
Nicker-on in 1882.
-' These Judges held the Circuit Court at the dates specified, Gushing at
York, Pa.; Iredell and Chase at Philadelphia. As they were Justices of other
OF PHILADELPHIA. 11
Bushrod Washington, 1 commissioned Dec. 20, 1798
Jared Ingersoll,' 2 Chief Judge Feb'y 18, 1801
Circuits, they were probably detailed for the occasion by the Supreme Court.
Until the appointment of Judge McKennan, the only Judges of the Circuit
Courts were the Associate Justices of the U. S. Supreme Court, with the excep-
tion of the " Midnight Judges." The Act of April. 16, 1869, gives each Circuit
a Judge, the Bench of the Circuit Court consists of an Associate Justice of the
Supreme Court, the Circuit Judge and the Judge of the U. S. District Court
for the district in which the Court is held; any two of said Judges sitting to-
gether, constitute a full Bench.
1 Judge Washington died Nov. 26, 1829, age 70. Judge Grier died Sept.
26, 1870.
2 Jared Ingersoll was appointed Chief Judge, Feb. 18, 1801, but declined,
and Mr. Tilghman was appointed, nominated and confirmed by the Senate on
Mar. 3, 1801. 1 hese Judges were facetiously called " The Midnight Judges."
Congress, by Act of Feb. 13, 1801, reduced the Supreme Court to five Judges,
and they were released from Circuit duly. Six Circuits were formed, each
Circuit with three Judges, (except the sixth, which had only one,) a Chief
Judge and two associates. Mr. Adams, the retiring President, nominated the
Circuit Judges, and they were confirmed, or rather some of them were, just
before midnight on the night of March 3, 1801, and their appointments made
out at once, hence their nickname. Mr. Jefferson became President the next
day, and the Act was repealed at the next session, on April 29, 1 802, to take
effect July 4, 1802 ; without the imputation of a fault on the part of the Judges.
Horace Binney, in his eulogy on the late Chief Justice Tilghman, Oct. 13,1827,
said : " This particular measure was deemed by wise men on all sides, and :-till
is cited by them, as the happiest organization of the Federal Judiciary." There
is a volume of reports of the "Midnight Judges," by the late John Bradford
Wallace, called " Wallace's Reports," consisting of about 240 pages. This is
the reason why the volumes of reports published subsequently in the 'same
Circuit by the Reporter's son, John William Wallace, are styled "Wallace
Junior's Reports.
Thompson Westcott, Esq., the author of the History of Philadelphia, to whom
I am more indebted than to any other friend for aid in the compilation of this
work, objects to the foregoing account of the " Midnight Judges" as not being
strictly correct. He states in the Sunday Dispatch of Oct. 8, 1876, that " John
Adams, while President, toward the end of his term, seriously urged a re-
organization of the Federal Judiciary. The Circuit Courts were held by the
fudges of the Supreme Court; but the business was increased so much that the
appointment of additional Judges was considered necessary. On the 1 3th of
Feb., 1801, an Act was passed reducing the number of the Judges of the
Supreme Court to five whenever a vacancy occurred and released those
Judges from all Circuit duty. The number of United States District Courts
was increased to twenty three, and the districts were arranged in six circuits,
each circuit with three Judges. The result was to create sixteen new Judges,
besides attorneys, clerks, marshals, 'and other officers. As it was near the end
of Adams' term, and as Jefferson was elected four days after the Act was passed,
it was supposed that the President would allow his successor to make the ap-
pointments ; but he did nothing of the sort. He sent to the Senate on the
1 8th the names of Charles Lee of the District of Columbia; Jared Ingersoll of
Pennsylvania ; Richard Bassett of Delaware ; William Griffith of New Jersey ;
Egbert Benson of New York; Oliver Wolcott of Connecticut; Samuel
Hitchcock of Vermont ; Philip Barton Key of Maryland ; John Davis of
Massachusetts; Jacob Read of South Carolina; hlijah Paine of Vermont;
Ray Greene of Rhode Island ; John Sitgreaves of North Carolina ; Joseph
12 MARTIN'S BENCH AND BAR
Richard Bassett, commissioned Feb'y 20, 1801
William Griffith, appointed Feb'y 18, 1801
William Tilghman, Chief Judge March 3, 1801
Henry Baldwin, assigned J an> >' 6, 1830
Robert Cooper Grier, " August 4, 1846
William McKennan, commissioned Jan'y 4, 1870
William Strong, ' " Feb. 18, 1870
Joseph P. Bradley, 1 assigned J an '}' 10, 1881
Clerks of the United States Circuit Court.
THIRD CIRCUIT, PHII.ADKI.I'H I A.
Samuel Caldwell, Died Nov. 26, 1798, April 12, 1790
David Caldwell, appointed May n, 1801
Francis Hopkinson, " Oct. n, 1831
George Plitt, " Nov. 17, 1846
Benjamin Patton, " J an 'y 3> 1858
Samuel Bell, April 12, 1870
The Supreme Court
OF THE PROVINCE OK PENNSYLVANIA.
This high tribunal was established under the Royal Charter to
William Penn, bearing date Mar. 4, 1681, and by order of the
Provincial Council of y e ist of y e 2nd mo., 1684, and re-organ-
ized from time to time, by different Acts of the Assembly of the
Province.
The following sketch, which is as complete as the records at
Harrisburg and elsewhere can make it, shows the organization
and personnel of the Court at different periods between 1684 and
1776.
It will be observed that William Penn, as early as the i8th of
8th mo., 1685, in his letter to Wm. Markham, " Dept. Govern 'r
of Pennsylvania," says : " I have sent my Cosin William Crispen.
and it is my will and pleasure that he be as Chief Justin-."
Clay of Georgia; William McClurg of Kentucky, and William II. Hill, <>l
North Carolina. Some changes were afterward made. William Tilghman
took the place of Ingersoll in Pennsylvania. The Judges of the First main
in 1802 were John Lowell of Massachusetts; Benjamin Bourne of Rhode I>-
land, and Jeremiah Smith of New Hampshire. In the Fourth district. C.o.rge
K. Taylor and Charles Magill of Virginia sat with Philip Barton Key. In
the Fifth district Dominick Hall of North Carolina and Daniel 1'otter of South
Carolina were Judges in 1802. Jefferson took strong grounds against the con-
tinuance of this Act, and it was repealed at midnight, March 8, 1802. The
Judges were called 'Midnight Judges,' in consequence of a story that their
names were agreed upon during the midnight before they were sent t<> tin-
Senate."
1 Mr. Justice Bradley is one of the Associate Justices of the Supreme Court
of the United States, assigned to the Third circuit, as the Circuit Justice,
which he must visit at least onde in every two years.
OF PHILADELPHIA. 13
&c., and although Andrew Robeson, in 1693, is the first of the
" Prior Judges," (i Proud, 295 ; i C. R., 86,) that I find called
Chief Justice, I have indicated each ''Prior Judge," before his
time, as Chief Justice.
4th 6 mo., 1684 i C. R., 47, 66-8, and ist Proud, 286;
Rawle s Equity, 9. Under the Act of 1684, chapter 158, Laws,
five Justices were commissioned for two years: Dr. Nicholas
More, C. J., William Welch, William Wood, Robert Turner
and John Eckley. William Clarke was appointed in place of
William Welch, who died before loth 7 mo., 1684. He was
styled " Justice in General," i C. R., 109-10, and appears to
have, by virtue of his commission, presided over the County
Courts, and, perhaps, succeeded Wm. Welch, who was called the
President of the counties of Philadelphia and New Castle, in i
C. R., 67. My references to the Colonial Records are to the first
edition, printed in 1838. The second edition was issued in
1851-52.
1685 Appointed i4th 7 mo., 1685 ; i C. R., 102 and 105-8
James Harrison, C. J., James Claypoole and Arthur Cooke.
These Judges, however, declined to serve ; i Proud, 300, and the
Council heard the appeals.
1686 Appointed 3151 i mo., 1686; i C. R., 120, 139 and
141 Arthur Cooke, C. J., William Clarke and John Cann.
1686 Commissioned 2oth 7 mo., 1686. Re-commissioned
2nd 2 mo., 1687; i C. R., 142, 143 and 152 Arthur Cooke,
C. J., John Simcock and James Harrison.
1690 Appointed 2nd 2 mo., 1690; i C. R., 283 (ist edition)
and i C. R., 324 (2d edition) Arthur Cooke, C. J., William
Clarke and Joseph Growden.
1690 Under the Act of 1690, chapter 197, five Judges were
appointed and commissioned on the 5th 7 mo., 1690 ; i C. R.,
303 Arthur Cooke, C. J., John Simcock, Joseph Growden, Peter
Alrichs, and Thomas Wynne ; but on account of the " unwilling-
ness of y e Judges to doe their Dutys in Severall counties," thus
commission was afterwards revoked, and the Court was re-organ-
ized 2ist 9 mo., 1690: i C. R., 304 John Simcock, C. J.,
William Clarke, Arthur Cooke, Griffith Jones and Edward Blake,
of New Castle. William Clarke, C. J., for the Lower Counties,
with the other four as his Associates.
1693 The following Judges were commissioned May 29th,
1693, and in the same year a new law was passed, by which the
Court was to consist of one Chief Justice and four associates, and
a new commission issued to the same Justices, September 23, 1693.
The fifth Justice seems never to have been named ; i C. R., 352,
383 and 415 Andrew Robeson, C. J., William Salway, John
Cann and Edward Blake. Anthony Morris was appointed Aug.
10, 1794, in the place of John Cann, deceased.
3
14 MARTIN'S BENCH AND BAR
1698 On the 3rd of the 8th mo., 1698, the following Justices
held a session of the Provincial Court at Chester ; Martin 's His-
tory of Chester, 73 Joseph Growden and Cornelius Empson.
1699 On the i8th 2 mo., 1699, a Provincial (Supreme) Court
was held at Chester by Edward Shippen, Cornelius Empson and
William Biles. It is, perhaps on account of this record in the
minutes of the Courts of Chester County, that I find Edward
Shippen sometimes spoken of as one of our Chief Justices, but he
never obtained that dignity that I can ascertain.
1701 From Mr. Staughton George's notes, and the Records of
Commissions at Harrisburg. Commission dated 2oth 6 mo.,
1701. The Commission directs the Justices to hold a court twice
a year at Philadelphia, on the 24th of the 7th mo., and on the
loth of the 2d mo. Two of them to go the circuit of the counties,
of whom Guest or Clarke must always be one. In the Logan
Papers, i vol. 57, it is stated, under date of the 26th of 7 mo..
1701, "Judge Guest is made our Chief Judge upon which Judge
Growden would not act as his inferior. Caleb Pusey is in, and
what is the wonder of us all, Thomas Masters has, without taking
his degree of a Justice, leaped at once to be one of the five
Judges" John Guest, C. J., William Clarke, Joseph Growden
(declined,) Edward Shippen, Robert French (declined?) Caleb
Pusey and Thomas Masters.
1702 Logan Papers, i vol. 193-5, & c - J onn Guest, C. J.,
William Clarke, Edward Shippen, Thomas Masters and Samuel
Finney, associates.
T 73 2 C. J?., 86; Logan Papers, i vol. 193-5 William
Clarke, C. J., Edward Shippen, Thos. Masters and Samuel Finney.
Wm. Clarke was Acting Chief Justice in place of Guest, who
declined. Captain Finney also declined.
1704 Commissioned April 10, 1704; See Record of Com-
missions William Clarke, C. J., John Guest, Jasper Yeates,
Samuel Finney and William Trent, associates. Judge Clarke
died about February, 1705.
1705 Martin' s History of Chester, p. 74 John Guest, C. J.,
Joseph Growden, Jasper Yeates, Samuel Finney and William
Trent. Chief Justice Guest died 8th 7 mo., 1707.
1706 2 C. R., 248, appointed April 17, 1706 Roger Mom-
pesson, C- J., Joseph Growden, Jasper Yeates, Samuel Finney.
and William Trent, associates.
By order of the Queen's Council of February 7, 1705-6, the
several laws establishing the Courts of this Province having been
repealed, and the Assembly not agreeing 011 a Bill, John Evans,
the Lieut. Governor, by an ordinance and proclamation of Feb.
22, 1706-7, established and restored the usual Courts, &c. See
Manuscript Laws of the Province of Pennsylvania, Book A 4,
PP- 3-7- The Supreme Court was to have only three Justices;
OF PHILADELPHIA. 15
and the Supreme Court of the Province became separated from
that of the Lower Counties on the Delaware. A Supreme Court
for the trial of NEGROES was created, Book A 4, p. 78, and a
commission issued, A 4, pp. 66 and 181. The Supreme Court
for the Lower Counties was established with three Justices, A 4,
p. 184. lam indebted for much valuable information respecting
the Provincial Courts to Mr. Staughton George, of Harrisburg,
Pa. Mr. George is one of the editors of the work issued by the
State in 1879, known as "The Duke of Yorke's Laws," &c. It
brings the Provincial Acts down to 1700 ; but we have no printed
Acts of the Assembly between 1700 and 1714; since when the
Annual Session Laws have been printed, and several complete
copies are known to exist. See my Bibliographical Sketch of the
Laws of Pa., Legal Intelligencer, Oct. 6, 1882.
1707 Names of Justices commissioned. Joseph Growden,
C. J., Nov. 20, 1707 ; Jasper Yeates, Dec. 2, 1707 ; Samuel Fin-
ney, April 8, 1708.
1711 Under the Act of February 28, 1710-11. Four Justices
were commissioned March 16, 1711 Joseph Growden, C. J.,
Samuel Finney, Richard Hill and Jonathan Dickinson.
1715 Under the Act of May 28, 1715, Book A 2, p. 109,
commissions were issued on June 10, 1715, to Joseph Growden,
C. J., William Trent, Jonathan Dickinson and George Roche.
Robert Assheton was appointed Associate, June 12, 1716, in the
place of Captain George Roche, who was absent from the country ;
2 C. R., 613.
1717 Commissioned Feb'y 15, 1717. From record of com-
missions. David Lloyd, C. J., Jasper Yeates, Richard Hill,
and William Trent, associates.
1717 Commisioned Sep. 23, 1717. Record of commissions.
A change of Governors accounts for two commissions being issued
the same year David Lloyd, C. J., Jasper Yeates, Richard Hill,
and Jonathan Dickinson.
1718 Commissioned Feb'y 15, 1718; 3 C. jR. 22, 29, 35, 67,
83, 104-5 David Lloyd, C. J., Jasper Yeates, Richard Hill and
William Trent. The same Justices were re-commissioned March
26, 1720, and served until the passage of the Act of May 22,
1722, which reduced the number of Justices to three. Justice
Yeates died in 1721 ; 3 C. J?., 140.
1722 Commissioned June 2, 1722 ; see also 3 C. -R. , 156, 186
and 197. Three Justices, Act of May 22, 1722 David Lloyd, C.
J., Richard Hill and Robert Assheton.
1724 Votes of Assembly, 2 vol.. 401 and 493 David Lloyd,
C. J., Richard Hill, William Trent and Robert Assheton. Asshe-
ton was appointed in place of William Trent, who, died Dec. 25,
1724, he being at his decease the Chief Justice of New Jersey.
1726 Commissioned Sept. 20, 1726. A new Act was passed
1> MARTIN'S BENCH AND BAR
Aug. 27, 1727. Book A 2, p. 352, and the same Justices were
re-commissioned Sept. 23, 1727. See also 3 C. R., 272 and 273
David Lloyd, C. J., Richard Hill and Jeremiah Langhorne.
in the place of Robert Assheton, who declined. He being the
Recorder of the City of Philadelphia, ex-officio Justice of the
Peace and the Courts, Clerk of the Peace, and Prothonotary of
the Court of Common Pleas of the same city and county, objec-
tions were made to his sitting in the Supreme Court as one of
the Justices. David Lloyd died 6th 2 mo., 1731, aged 78 years.
and was buried in Friends' graveyard at Chester. See Martin s
History of Chester, p. 82. Richard Hill was a merchant sea
captain. He died Sept. 9, 1729, so says i Frond's History of
Pennsylvania, p. 473, in a note.
1731 Commissioned April 9, 1731, Record Commissions, and
3 C. R., 426, 439 ar >d 640 Isaac Norris, C. J., Jeremiah Lang-
horne and Dr. Thomas Graeme. James Logan, C. J., was com-
missioned Aug. 20, 1731, in the place of Isaac Norris, who declined
the office, and died June 3, 1735.
1733 Commissioned April 9, 1733. Re-commissioned Dec.
28, 1733 James Logan, C. J., Jeremiah Langhorne and Thomas
Graeme, associates.
1739 Commissioned Aug. 13, 1739 ; 4 C. J?., 348 Jeremiah
Langhorne, C. J., Thomas Graeme and Thomas Griffitts. Chief
Justice Langhorne died in 1743, and Mr. Justice Griffitts resigned
the same year.
1743 Commissioned April 5, 1743 ; 4 C. R., 640 John
Kinsey, C. J., Thomas Graeme and William Till. Kinsey, C. J.,
died in 1750. Dr. Thomas Graeme died Sept. 14, 1772, aged
about 84 years.
1750 Commissioned Sept. 20, 1750 William Allen, C. J.,
Lawrence Growden and Caleb Cowpland. Mr. Justice Covvpland
died at Chester, Pa., on the i2th of the 10 mo., 175 7, in the 671)1
year of his age, and was buried in Friends' grave-yard at that
place. For a sketch of the old Judge and his family, see Martin' s
History of Chester, p. 272-3.
1758 Commissioned April 8, 1758. William Allen, C. J.,
Lawrence Growden and William Coleman. By an Act passed Sept.
2 9 I 759> see " -Big" Peter Miller, p. 115 ; the Justices were to
hold office for life or during good behavior, and the above judges
were re-commissioned April 8, 1760; and again on March 20,
1761. Lawrence Growden was re-commissioned in 1761, but not
:>worn into office, at least his oath is not on file with the others
in the records at Harrisburg. He died in 1770, aged 76.
1764 Commissioned March 21, 1764 -William Allen, C. J.,
William Coleman and Alexander Stedman. Alexander Stedman,
the President Judge of the Court of Common Pleas for the City
and County of Philadelphia, was commissioned in place of Cole-
OF PHILADELPHIA. 17
man on March 21, 1764, and not before that date, as I find that
he presided in the Orphans' Court on March 10, 1764. On the
2oth of May, 1767, an Act was passed increasing the number of
Judges of the Supreme Court to four, viz : A Chief Justice and
three associates.
1767 Commissioned Sept. 14, 1767, under the Act of May 20,
1767, the bench to consist of four Judges, to be Justices of the
Supreme Court, and Justices of the Oyer and Terminer and Gene-
ral Gaol Delivery; 9 C. R., 393 William Allen, C. J., William
Coleman, John Lawrence and Thomas Willing. In 1768 Mr.
Justice Coleman retired from the bench, but the vacancy occa-
sioned by his resignation was not filled until 1774.
1774 The following gentlemen were commissioned April 29,
1774 (10 C. R., 173) Justices of the Supreme Court of the Prov-
ince, and the same day a new commission was issued, assigning
and appointing the same four gentlemen " Justices of the Court
of Oyer and Terminer and General Gaol Delivery for this Prov-
ince" Benjamin Chew, C. J., John Lawrence, Thomas Willing,
and John Morton, of Chester county.
The Justices of the Supreme Court
OF THE PROVINCE OF PENNSYLVANIA,
From 1684 to 1776.
But two lists of the Justices of the Supreme Provincial Court 1
have been published before the one now presented. The first one
by Peter McCall, Esq., in his lecture before the Law Academy of
Philadelphia, in the year 1838, and reproduced in Brown' 's Forum,
and one by me in my History of Chester. This list is made from
1 The following letter explains itself: "LONDON, i8th 8th mo., 1685.
" Cosen Markham : My sincere love salutes thee, wishing thy prosperity
every way. With this comes Instructions & Concessions, with some Company.
I hope thou hast made convenient provision for them. I have sent my Cosen,
William Crispin, to be thy Assistant, as by Commission will appear. His Skill.
Experience, Industry & Integrity are well known to me, & perticulerly in court-
keeping <ic ; so that it is my will & pleasure that he be as Chief Justice, to keep
the Seal, the Courts & Sessions; & he shall be accountable to me for it. The
proffits redounding are to his proper behoof. He will show thee my Instruc-
tions, which will guide you all in the business. The rest is left to your discre-
tion; that is, to thee, thy two Assistants & the Councel.
" Now I shall tell thee that, if thy Inclinations and others run to a sea-life, I
shall put thee in Commander of a vessel to carry People & goods betwixt this
Country & that; which if ihou thus except, come with all the Speed thou canst,
that thou mayst be here before I goe, & command a vessel backwards : the
proffit is more, & I think the credit not less. But this is left to thee to come
or stay till I come theither.
" Pray be very respectful! to my Cosen Crispen. He is a man my father had
great confidence in and vallue for. Also strive to give Content to the Planters,
and with Meekness and Sweetness, mixt with Authority, carry it so as thou
18 MARTIN'S BENCH AND BAR
the Record of Commissions at Harrisburg, and other authentic
sources, and is believed to be absolutely correct in everything
except some few dates of the issuing of commissions.
CHIEF' JUSTICES.
Dr. Nicholas More, commissioned 4, 6 mo., 1684
James Harrison, 1 14, 7mo.,i68s
Arthur Cooke, 31, i mo., 1686
John Simcock. z 2i,9mo.,i69o
Andrew Robeson, May 29, 1693
John Guest, " 20, 6 mo. ,1701
William Clarke, 3 , 1703
John Guest, , 1705
Roger Mompesson, April 17, 1706
Joseph Growden, " Nov. 20. 1707
David Lloyd, " Feb. 15, 1717
Isaac Norris, 4 April 3, 1731
James Logan, " Aug. 20, 1731
Jeremiah Langhorne, " Aug. 13, 1739
John Kinsey, April 5, 1743
William Allen, " Sept. 20. 1750
Benjamin Chew, '* April 9, 1774
mriyst honour me as well as thy selfe; and I do hereby promess thec I will
effectually answear it to thee and thyn.
" Give the Inclosed, in Sweed, to the Sweed Preist to read to the Sweed* :
it comes from the Sweeds embassador in England, the Ld. Liembergh, wh<>M.-
lady is lately dead. Also myn to the Natives and the Inhabitants, and be ten-
der of my creditt with all, watching to prevent all fals Storys; and inculcate
all the honest and advantageous things on my behalf that may be, in which be
diligent.
" I can say no more, but wish you all prosperity, in the fear of the Lord, to
whom I commit you all, and rest
" Thy true Frd. and Affect. Kinsman,
WM. PENN.
i P. S. ' " I mention the ship because it was thy motion to me."
The address of the above latter, also in William Penn's handwriting, is :
"For William Markham,
Dept. Govern'r of
PENNSYLVANIA."
William IVnn's mother and William Crispen's mother were sisters. Wil
liam Crispen died on the voyage mentioned, or immediately after his arrival in
"America.
1 James Harrison declined, and died the'6th of the 8 mo., 1687, aged 59.
-Simcock died 27th I mo., 1703.
( iue*t declined to serve for some reason, and Clarke was C. J. for two yi-ai>.
1 Ik-dined Aug. 20, 1731, and Logan commissioned.
OF PHILADELPHIA.
19
ASSOCIATE JUSTICES.
William Welch, commissioned 4, 6 mo., 1684
William Wood, 4, 6 mo., 1684
Robert Turner, 4, 6 mo., 1684
John Eckley, 4, 6 mo., 1684
William Clarke, " 10,7 mo. ,1684
James Claypoole, 14, 7 mo., 1685
Arthur Cooke, 14, 71110., 1685
John Cann, " 31,1 mo., 1686
John Simcock, 20, 7 mo., 1686
James Harrison, 20, 7 mo., 1686
Joseph Growden, " 2, 2 mo., 1690
Peter Alrichs, " 7, 5 mo., 1690
Thomas Wynne, 7, 5 mo., 1690
Griffith Jones, 21, 9 mo., 1690
Edward Blake, " 21,9700. ,1690
William Salway, May 29, 1693
Anthony Morris, 1 Aug. 10, 1694
Cornelius Empson, 1 " about 1698
Edward Shippen, 1 about 1699
William Biles, 1 " about 1699
Robert French, ' 20, 6mo.,i7oi
Caleb Pusey, " 20, 6 mo., 1701
Thomas Masters, 20, 6 mo., 1701
Samuel Finney, " Sept. , 1702
John Guest, April 10, 1704
Jasper Yeates, April 10, 1704
William Trent, April 10, 1704
Richard Hill, March 16, 1711
Jonathan Dickinson. " March 16,1711
George Roche, " June 10, 1715
Robert Assheton, June 12, 1716
Jeremiah Langhorne, Sept. 20, 1726
Dr. Thomas Graeme, " April 9, 1731
Thomas Griffitts, Aug. 13, 1739
William Till, April 5, 1743
Lawrence Growden. Sept. 20, 1750
Caleb Cowpland, Sept. 20, 1750
William Coleman, 2 April 8, 1758
Alexander Stedman, Mar. 21, 1764
John Lawrence, Sept. 14, 1767
Thomas Willing, " Sept. 14, 1767
John Morton, April 29, 1774
1 See Martiri s History of 'Chester, pp. 73 .and 74.
* Mr. Justice Coleman died Jan. 1 1, 1769, aged 64 years.
20 MARTIN'S BENCH AND BAH
A List of the Justices
Of the Supreme Court of the Lower Counties,
(/. e., New Cnstle, Kent and Sussex, on the Delaware.)
CHIEF JUSTICES.
William Clarke,. 21, 9 br, 1690
Jasper Yeates, Dec. 3, 1707
John Healey, April n, 1710
Richard Birmingham, Mar. 10, 1714
Jasper Yeates, Aug. i , 1717
Col. John French, July 2 5> 1726
David Evans, April 20, 1727
Dr. Samuel Chew, 1 . 1741
William Till,- before 1743
Ryves Holt, 3 in office 1757
John Vining, 4 Nov. 27, 1764
Richard Me William,' 1 Oct. 30, 1773
ASSOCIATE JUSTICES.
John Simcock, Nov. 21, 1690
Arthur Cooke, Nov. 21, 1690
Griffins Jones, Nov. 21, 1690
Edward Blake, Nov. 21, 1690
Richard Halliwell, Dec. 3, 1707
William Rodeney, Dec. 3, 1707
Jonathan Bayley, April n, 1710
Thomas Bedwell, April n, 1710
Barclay Codd, 8 April n, 1710
Richard Birmingham, Oct. 3, 1713
James Walker, Oct. 3, 1713
Isaac Goodin, Mar. 10, 1714
Joseph England, Mar. 10, 1714
John Brewster, Mar. 10, 1714
Joseph Wood, March i, 1715
John Brinkloe, 7 March i, 1715
James Steele, March i, 1715
Barclay Codd, 6 March i, 1715
'In I Pa. Magazine, p. 472, it is stated that Gov. Thomas in 1741, ap-
jx>inted Dr. Samuel Chew Chief Justice, cVc. He died 1743.
7 In 4 Colonial Records, p. 640, it is stated that William Till had been at the
head of the Supreme Court of the lower counties for many years. He was
afterwards Collector of the Port of New Castle, d. April 13, 1766.
s The date of Chief Justice Holt's commission I have not been able to obtain.
He died in 1764, and was succeeded by Vining.
4 John Vining died Nov. 13, 1770, aged 46 years.
:> Chief Justice McWilliam, died May 9, 1786.
" Christian name probably Berkeley.
; This name is now spelt Hrinckle.
OF PHILADELPHIA.
21
Jonathan Bayley,
Richard Halliwell,
John Healey,
William Brinkloe,
Timothy Hanson,
Joseph Wood, 1
John Brinkloe,
James Steele,
Richard Hinman,
Samuel Lowman, 2
Robert Gordon,
Benjamin Shurmer,
Henry Brooke,
Jonathan Bayley,
Richard Grafton,
Jehu Curtis, a. NOV. is, 1753, a.ei,
Thomas Griffitts,
William Till, Vice Curtis, dec'd ; 6 C. B., 135
John Vining,
Jacob Van Bebber, 3
Richard McWilliam,
John Clowes,
Caesar Rodney,
David Hall,
Samuel Chew,
March i, 1715
April 1 8, 1716
April 2, 1717
April 2, 1717
. April 2, 1717
Aug. i, 1717
Aug. i, 1717
Aug. i, 1717
Aug. i, 1717
July 25, 1726
July 25, 1726
July 25, 1726
July 25, 1726
July 25, 1726
April 20, 1727
April 5, 1743
Aug. 9, 1749
Aug. 7, 1754
June 4, 1757
Nov. 27, 1764
Nov. 27, 1764
June 7, 1765
May 4, 1769
June , 1769
Oct. 30, 1773
There was a separate Commission issued from time to time in
the Province to certain persons to act as Judges for the trial of
negroes. I have only noticed the following for the lower counties.
JUSTICES FOR SUSSEX COUNTY.
William Till,- commissioned July 25, 1726
Philip Russell, " July 25, 1726
1 A change of Governors accounts for the two sets of appointments in the year
1717. Previous to 1757 there appear to have been six Justices in the S. C. of
the lower counties, two from each county. In 1707 they were directed to hold
sessions at New Castle on Oct. 5th, and April 2ist. To make two circuits in
the fall and spring into each county at Kent on Oct. gth and April 25th; at
Lewes on Oct, igth and April igth.
2 The Justices appointed in 1726, are called in the 3 C. J?., p. 268, " Former
Judges of the Supream Court and Commissioners of the Oyer and Terminer
and General Gaol Delivery." Grafton, appointed vice Lowman.
3 Van Bebber, in place of Till, disabled by infirmities, and McWilliam and
Clowes, Justices, 9 C. R., pp. 203, 267. Rodney and Hall were appointed in-
stead of Van Bebber and Clowes, deceased ; 9 C. -#.,pp. 581, 671.
22 MARTJN'S BENCH AND BAR
JUSTICES FOR NEW CASTLE.
Evans Rice, commissioned Jan. 25, 1771
David Finney, Jan. 25, 1771
John Jones, " Dec. 9. 1775
David Finney, . " Dec. 9, 1775
ATTORNEYS-GENERAL.
I only find the following mentioned for the lower counties;
David French, commissioned ]u\y 25, 1726
William Shaw, 1 " Oct. 26, 1728
John Ross,* " April 26, 1739
George Read, " , 1763
Jacob Moore, " Oct. 20, 1774
Justices of the Supreme Court
OF THK COMMONWEALTH OF PENNSYLVANIA.
CHIEF JUSTICES.
Joseph Reed, declined Mar. 20, 1777
Thomas McKean , s commissioned July 28, 1777
1 Mr. Shaw was recommended for the office, but Mr. French was continued.
* See Life of George Read, p. 14, 1754, " John Ross, then Attorney General."
s Chief Justice McKean was re-commissioned July 29, 1784, and again on
July 29, 1791. The following interesting biographical statement is copied
from an issue of the Boston yournal of several years ago :
" The fact that Thomas McKean signer of the Declaration of Independence.
Chief Justice of Pennsylvania, and Governor of the State studied law in Lon
don, has hitherto escaped the notice of his biographers, and is, as we are in-
formed, unknown to his descendants. In March, 1877, John Lathrop, K.M|..
the reporter of decisions of the Supreme Judicial Court of this State, bought, at
a sale by auction in this city, a work in two volumes entitled ' The Laws, ( )nli
nances and Institutions of the Admiralty of Great Britain, Civil and Military,'
published in London in 1746. In one of the volumes was written the name,
' Tho. McKean, of the Middle Temple.' It occurred to Mr. Lathrop that this
might be the signature of the distinguished Thomas McKean, and on com par
ing it with his signature on the Declaration of Independence, he was satisfied
that his conjecture was correct. The signature was then submitted to compe-
tent experts in this city, and was by them said to be genuine. The book also
. had stamped on the cover the name of J. B. McKean. The Chief Justice had
a Min, Joseph Borden McKean, who was at one time the Attorney < urn nil <>!
Pennsylvania. There could be no doubt that the work had once been owned
by the Chief Justice; but, to establish the fact beyond a peradventure that he
had studied law in the Middle Temple, Mr. Lathrop caused inquiries to be
made in London, and has just received from the treasurer of the Middle Tem-
ple a note stating that upon search into the records of the Society, he finds that
Mr. Thomas McKean was admitted a member on May gth, 1758, and was <le
scribed as the son of William McKean, of the county of Chester, in Pennsyl-
vania. This properly describes Thomas, the signer, Chief Justice and Gov-
ernor." He died June 24th, 1817, aged 83; having been admitted to the
Bar in May, 1755. This admission was to the Bar of Chester county, and is
OF PHILADELPHIA. 23
Edward Shippen, commissioned Dec. 18, 1799
William Tilghman, " Feb. 28, 1806
John Bannister Gibson, " May 18, 1827
Jeremiah S. Black, elected Dec. i, 1851
Ellis Lewis, 1 by rotation Dec. 4, 1854
Walter H Lowrie, 2 " Dec. 7, 1857
George W. Woodward, Dec. 7, 1863
James Thompson, 5 Dec. 2, 1867
John Meredith Read, " Dec. 2, 1872
Daniel Agnew, " Dec. i, 1873
George Sharswood 4 Dec. 4, 1878
PUISNE JUSTICES.
William Augustus Atlee, 5 commissioned Aug. 16, 1777
John Evans, 6 " Aug. 16, 1777
George Bryan, 7 " April 3, 1780
Jacob Rush, Feb. 26, 1784
Edward Shippen, " Jan. 29, 1791
Jasper Yeates, " Mar. 21, 1791
William Bradford, " Aug. 20, 1791
Thomas Smith, 8 Jan. 31, 1794
Hugh Henry Brackenridge, " Dec. 18, 1799
John Bannister Gibson, " June 27, 1816
Thomas Duncan, " Mar. 14, 1817
Molton Cropper Rogers, " April 15, 1821
Charles Huston, " April 17, 1826
Horace Binney, declined " May 18, 1827
John Tod, a. Feb, 23, isso, a. 51, " May 25, 1827
Frederick Smith, " Jan. 31, 1828
John Ross, April 16, 1830
John Kennedy, " Nov. 29, 1830
Thomas Sergeant, 9 Feb. 3, 1834
given as his earliest admission to be found, following the advice of Mr. Binney
in his strictures on Mr. Williams' Bar-list. Thomas McKean was admitted to
the Bar of the Supreme Court of Pennsylvania on April lyth, 1758, which must
have been just before he sailed for England, if the above statement is correct,
which I have no reason to doubt.
1 Died March 19, 1871, aged 72 years.
- Died Nov. 14, 1876, aged 69 years.
1 Died January 27, 1874, aged 68 years.
4 Commission to take effect on the first Monday in January, 1879. His term
of office expires on the first Monday in January, 1883, when he will be suc-
ceeded by Ulysses Mercur, as Chief Justice.
' William Augustus Atlee died Sept 9, 1793.
"Judge Evans died Dec. , 1783.
7 Re-commissioned April 3, 1787 ; died January 27, 1791 ; aged 60 years.
8 For obituary of Judge Smith, see the Portfolio for 1809, 2 vol., p. 79, and
inscription on his tombstone in Christ-Church graveyard, Philadelphia.
9 Resigned Oct. I, 1846.
24
MARTIN'S BENCH AND BAR
Thomas Burnside,
Richard Coulter,
Thomas S. Bell,
George Chambers,
Jeremiah S. Black,
Ellis Lewis,
John Bannister Gibson,
Walter H. Lowrie,
Richard Coulter,
George W. Woodward, 1
John C. Knox,
Jeremiah S. Black,
James Armstrong,
James Thompson,
William Strong,
William A. Porter,
Gaylord Church,
John M. Read,
Daniel Agnew,
George Sharswood,
Henry W. Williams, 2
Ulysses Mercur,
Isaac Grantham Gordon
Edward M. Paxson, 3
Warren J. Woodward, 3
James P. Sterrett, 4
John Trunkey,
Henry Green, 5
Silas M. Clark,
commissioned
elected
appointed
n
elected
appointed
elected
n
appointed
n
elected
appointed
elected
appointed
elected
appointed
elected
Jan'y
2,
1845
Sept.
16,
1846
Dec.
18,
1846
April
16,
1851
Oct.
i4 5
1851
Oct.
14,
1851
Oct.
14,
1851
Oct.
14,
1851
Oct.
14,
1851
May
8,
1852
May
23,
1853
Oct.
10,
1854
April
6,
1857
Oct.
13,
1857
Oct.
13,
1857
Jan.
20,
1858
Oct.
22,
1858
Oct.
12,
1858
Oct.
13,
1863
Oct.
8,
1867
Oct.
26,
1868
Oct.
8,
1872
Oct.
I4>
1873
Nov.
2,
1874
Nov.
2,
1874
Feb.
26,
1877
Nov.
7>
1877
Sept.
29,
1879
Nov.
7,
1882
Standing Masters in Chancery,
COMMISSIONED BY THE SUPREME COURT.
John William Wallace
John King Findlay, 6
Joel Jones,
Garrick Mallery,
Dec. 20, 1844
Jan. n, 1853
July 25, 1861
'Judge Woodward was appointed in place of Richard Coulter, who died
April 20, 1852. Elected October 12, 1852, for 15 years.
2 Judge Williams was elected in October, 1869, for 15 years.
3 In drawing lots, Judge Paxson drew the seniority.
4 Judge Sterrett was appointed in the place of Williams, deceased, and was
afterwards elected Nov. 5, 1878. Judge Williams died February 19, 1877.
5 Judge Green was appointed by the Governor to fill the vacancy created by
the death of Judge Warren J. Woodward, on Sept. 5, 1879, aged 60 years, and
on Nov. 2, 1880, was elected to serve for 15 years.
The Court commissioned Judge Findlay as " Standing Auditor and Master
in Chancery," and on July 25, 1861, Garrick Mallery was appointed " Master
and Examiner in Equity," in the place of Joel Jones, deceased. I could not
find the date of the latter's appointment on the Minutes.
OF PHILADELPHIA. 25
Prothonotaries
OF THE SUPREME COURT OF PENNSYLVANIA.
Patrick Robinson, 1 in office n, 5 mo., 1685
David Lloyd, 2 appointed 2, 8 mo., 1686
Robert Assheton,* Oct. 25, 1701
Joshua Lawrence, - m office tor divers years past.- Before 1 730-1
1 The Historical Society of Pennsylvania have the MS. minutes of the County
Court of Philadelphia in Patrick Robinson's handwriting. I identify them as
of that court by the case of Rambo, I C. R., 106 For Pat Robinson's troubles,
&c., see i C. R., 86, 87, 89, 90, 94, 95, 101, 108, 144 and 145.
There has been much written about ancient brick houses in this city and in
Chester, having been built of bricks imported from England, a very unlikely
statement ; I think the story is disposed of by the following copy of the first
mortgage recorded in Philadelphia, viz : " JOSEPH BROWNE to PATRICK
ROBINSON, mortgage Dated loth month, 'December,' 1685, in the first year
of the King's reign, between Joseph Browne, of the Town and Countie oi
Philadelphia for himself in name, and behalf of, and as partner with George
Guest of the said Town and Countie, Brickmakers, of the one part & Patrick
Robinson, Countie Clark of Philadelphia, of the other part. Witnesseth That
the said Joseph Browne for himself &c, &c, in consideration and for Securitie
and payment of the sum of Fourtie pounds, due & owing by him the said
Joseph Browne &c, &c, hath bargained sold delivered & mortgaged & by these
prest's doth &c, &c, to the said Patrick Robinson his heirs and assigns forever
One Negro Man named Jack formerlie bought by him from the said Patrick
Robinson, as by bill of sale of the Seventh day of the tenth Mo. * * *
Provided always, nevertheless, and, on this express provision and condition
that if the said Joseph Browne (&c, &c, as above,) his heirs, execr's adminr's
& assigns doth well and truly pay to the said Patrick Robinson his heirs &c,
&c, the sum of twentie pounds & that in good sound well burned Merchantable
Bricks (such as the said Patrick Robinson his heirs and assigns shall lyke of
after they come to his or their gate, after he or they have//V/fe & chose the
same, & rejected the unmerchantable,) att the house of the said Patrick Robin-
son in Philadelphia, or at any other place within the said Towne to be delivered
at the rate of Sixteen Shillings pr thousand, amounting in the whole to Twenty
five thousands of Brick, and 'that att or before the first day of the third Mo.
May, 1686. As Also the like sum of twentie pounds and that in Merchantable
Corn, beefe, pork and English goods. Being such English goods as the said
Patrick Robinson shall have occasion for and to his content at his house in
Philadelphia, att the prices then there current, and that att or before the first
day of third Mo (May) 1687, without fraud coven or further delay : that then
& from thenceforth this present indenture of Sale and Mortgage shal be utterlie
extinct and that then also it shall and may be lawfull for the said Joseph Browne
his heirs & assigns, the said Negro to have again, retain & repossess as in the
former estate anything herein to the contrairie thereof in anywise notwithstand-
ing."
2 David Lloyd was commissioned on the 2d of the 8th month, 1686. See i
C. R., 145, in place of Pat Robinson, dismissed.
3 Robert Assheton was appointed Oct. 25, 1701, Town Clerk, Clerk of the
Peace and Clerk of the Court or Courts, by William Penn. See City Charter,
2 Proud, Appendix, Part I, p. 45. On Sept. 15, 1726, he said he had been
Clerk and Prothonotary of Philadelphia for about 26 years. He died June 5,
1727. It is very probable that the above appointment by Penn carried with it
the Clerkship of the Supreme Court of the Province at all events he was cer-
tainly in office as Clerk of the Supreme Court, June 6, 1709 ; 2 C. R., 474.
26 MARTIN'S BENCH AND BAR
James Read, in office June 6, 1748
Edward Shippen, Jr., 1 Nov. i, 1762
Edward Burd, appointed Sept. i, 1778
Joseph Reed, J an 'y 2 > 1800
Joseph Barnes, May 13, 1809
John Conard, " May 5, 1817
Col. Isaac Franks, i. M.r. s. ISK. . <, Feb. 18, 1819
Wm. Richardson Atlee. ? Mar. 9, 1822
Joshua Raybold, " Feb. 7, 1824
William Duane, 2 " April 23, 1829
Stephen Payran, Jr. . " Nov. 26, 1835
Henry Witmer, " Mar. 24, 1836
Joseph Smith, " Feb'y 2, 1837
Francis W. Hindman, a. NOV. 12. i*4o, a. :. J an 'y J > l &39
Joseph Simon Cohen, " Dec. 16, 1840
Robert Tyler, 3 " Jan'y n, 1853
James Ross Snowden, " May 6, 1861
Benjamin Evan Fletcher, " May 19, 1873
Col. Charles S. Greene, " May 24, 1880
Attorneys-General
OF PENNSYLVANIA.
of the Province.
John White, 25, 8 mo., 1683
Samuel Hersent, i6thn, 1685-6
David Lloyd, 24, 2 mo., 1686
John Moore, 4 May 19, 1698
Robert Assheton, 5 , 1700
1 Edward Shippen, Jr., was in office, and signs himself as Prothonotary, Sept.
24, 1765. See 4 Pa. Archives, 243. He was in office before Nov. i, 1762.
9 C. A., 5 .
- By the Act of April 14, 1834, for the purpose of holding the Supreme
Court, the Commonwealth was divided into four districts, denominated the
Kastern, Western, Northern and Middle Districts, and a Prothonotary or Clerk
appointed in each District. I have no records of any other District than the
Kastern. By the minutes of the Middle District, Wallace DC Witt was the
Prothonotary in office May 2, 1864. Robert Snodgrass, appointed May i,
1871, and William Pearson, January n, 1882.
3 Robert Tyler was a son of John Tyler, of Virginia, one of the Presidents of
the United States. He married a daughter of the distinguished actor, Mr.
Cooper, and abandoned his position to take part with his native State when she
attempted to secede from the Union in 1861.
4 Moore declined at first, but afterwards accepted. He was appointed in the
first place Attorney-General for the King; i C. R., 519, and afterwards by
I'enn. I Logan Papers, 60.
1 In Futhey &* Code's History of Chester County and 9 Pa. Archives, 631,
i Jiid series,) the following are given as Attorneys-General of the Province to
1717. "Oct. 25, 1683 John White. Jan. 16, 1685 Samuel Hersent, (com-
revoked,) Nov. 17, 1685 John White, (special.) April 24, 1686
OF PHILADELPHIA. 27
Par Parmyter, 1 10 mo. 2, 1701
George Lowther, April 5, 1705
Thomas Clarke, 2 May 8, 1708
Andrew Hamilton, Sept. 7, 1717
Joseph Growden, Jr., March 7, 1726
John Kinsey, July 6, 1738
Tench Francis, , 1741
Benjamin Chew, J an 'y J 4> J 755
Andrew Allen, Nov. 4, 1769
Of the Commonwealth.
John Morris, Jr. pro tern. July 16, 1777
Jonathan Dickinson Sergeant, Nov. i, 1777
William Bradford, Jr., Nov. 23, 1780
Jared Ingersoll, Aug. 22, 1791
Joseph Borden McKean, May 10, 1800
Mahlon Dickerson, July 22, 1808
Walter Franklin, J an 'y 9> 1809
Joseph Reed, Oct. 2, 1810
Richard Rush, Jan'y 26, 1811
Jared Ingersoll, Dec'r 12, 1811
Amos Ellmaker, Dec'r 21, 1816
David Lloyd. May 19, 1698 John Moore. 1700 William Assheton. 1701
Par Parmyter. April 5, 1705 George Lowlher. June 24, 1708 Thomas
Clarke. 1710 Robert Quarry. March 5, 1717 Henry Wilson." William
Assheton, 1700, died Sept., 1723, aged 33 years. He was judge of the Vice
Admiralty then. He was born about 1690. and it must have been his father,
Robert Assheton, who was, if at all, only for a brief period, Attorney-General
in 1700. I am afraid that the error as to Wm. Assheton has its origin in my
History of Chester, 472, and I can recall no authority for its insertion there.
" In the year i/oo, James Logan speaks of David Lloyd as the then Attorney
General;" I Watson's Annals, 521. John Moore was Attorney-General 19
Dec., 1700; 2 C. y?., n.
1 Par Parmyter was Penn's cousin, and appointed before this date, but does
not seem to have remained long in the Province, as Moore was again in office
in 1703. See Logan Papers, I Vol., 38, 66, 113, 196 and 314. See State
Papers, 4 Vol., Memoirs of the Historical Society, p. 333.
2 In 9 Pa. Archives, (2d series), page 631, Henry Wilson is given as com-
missioned Attorney-General on March 5, 1717, to succeed Thomas Clarke.
Previously, this Attorney-General's name had been furnished me as Thomas
Wilson, and as being from the Records of Commissions at Harrisburg.
Not being able to discover that any lawyer of either name lived in the
Pros-ince, at the period indicated, I asked the Secretary of Internal Affairs to
examine the Records of Commissions. He replied by his Deputy, April 5,
1881 : " We have made a very thorough search, not only through the records
of this department, but also through those of the Secretary of State, and are un-
able to find that ' Henry Wilson,' or ' Thomas Wilson,' were Attorneys-General
at any period." In the Catalogue of the Alumni of the University of Penn-
sylvania, Thomas Kittera, a graduate of 1805, is noticed as Attorney-General
of Pennsylvania. If he ever held the office the Record of Commissions at
Harrisburg would have shown it.
28 MARTIN'S BENCH AND BAR
Thomas Sergeant, July 6, 1819
Thomas Elder, Dec'r 20, 1820
Frederick Smith, Dec'r 18, 1823
Calvin Blythe, Feb'y 5, 1828
Amos Ellmaker, May 6, 1828
Philip S. Markley, Aug. 17, 1829
Samuel Douglass, Feb. 10, 1830
Ellis Lewis, Jan'y 29, 1831
George MirB in Dallas, Oct. 14, 1833
James Todd, Dec. 18, 1835
William Bradford Reed, April 2, 1838
Ovid F. Johnson, Jan'y 15, 1839
John K. Kane, J an 'y 2I > l8 45
John Meredith Read, June 23, 1846
Benj'n F. Champneys, Dec. 18, 1846
James Cooper, July 31, 1848
Cornelius Darragh, Jan'y 4, 1849
Thomas E. Franklin, April 28; 1851
James Campbell, J an 'y 2I > l8 5 2
Francis Wade Hughes, Mar. 14, 1853
Thomas E. Franklin, d. M y w, i. Jan'y 17, 1855
John C. Knox, a. Aug. w, isao, Jan'y 20, 1858
Samuel A. Purviance, a. Feb.u, im, n.w. Jan'y 14, 1861
William Morris Meredith, June 3, 1861
Benj'n Harris Brewster, Jan'y 16, 1867
Frederick Carroll Brewster, Oct'r 26, 1869
Samuel E. Dimmick, Jan'y 22, 1873
George Lear, Dec'r 6, 1875
Henry W. Palmer, Feb'y 25, 1879
Justices of the Peace,
AND OF THE COUNTY COURTS OF PHILADELPHIA COUNTY,
FROM 1684 TO 1790.
In this record, in spelling the names of the Justices, I have fol-
lowed their signature? in possession of the Historical Society of
Pennsylvania. It will be observed that the members of the Pro-
vincial Council are not on the Record of Commissions, although
they were ex-officio Justices of the Peace and of the Courts. See
i C. R., 497 (2d edition), Sept 28, 1696.
1682-3, Jan'y 2. From the original Precept to the Sheriff.
Nicholas More, President, Thomas ffairman and Laurence Cock.
1684 William Welsh, General Commission of the Peace, ap-
pointed 29th 3d mo., 1684. He died, and ( i C. R., 66) William
Clarke was appointed General Justice, igth 6th mo., 1684, and
the following Justices: William Clayton, Robert Turner and
Francis Daniel Pastorius.
OF PHILADELPHIA. 29
1685 Appointed 6th 9 mo.; i C. R., 112 and 127, and com-
missioned Justices of the Peace, and of the Courts of the County
of Philadelphia James Claypoole, William Frampton, Humphrey
Murray, William Salway, John Bevan, Lacey Cock, William
Ward tier, Sr., Dr. John Goodsonn, Robert Turner and John
Moon.
1686 Appointed : i C. R., 134 and 143 Christopher Taylor,
i7th 3d mo., 1686; Barnabas Wilcocks- and William Southebe,
20th yth mo., 1686. William Clarke, Justice for y e Province
and Territories, 2nd 8th mo., 1686; i C. R., 145.
1687 Appointed i8th 3d mo.; i C. R., 162 John Eckley,
Thomas Ellis, John Goodsonn, William Southebe, Barnabas Wil-
cocks, Joshua Cart and John Shelton.
1688 Commissioned i2th day of nth month, (see Commis-
sion in Archives of the American Philosophical Society, at Phila-
delphia) William Markham, Robert Turner, John Eckley, John
Goodsonn, Samuel Carpenter, Griffith Jones, Samuel Richardson.
Wm. Salway, Lasse Cock, Griffith Owen, Francis Rawle and John
Holme.
1689-90 Appointed zd nth mo.; i C. R., 278 Thomas
Lloyd, John Eckley, Robert Turner, William Salway, Barnabas
Wilcocks, Francis Rawle, Lawrence Cock and John Holme.
1690 Appointed 6th 7th mo.; i C. R., 303 Arthur Cooke,
added to the Commission.
1690 Commissioned 4th gth mo., 1690 "Justices of the
Quorum, Common Pleas." Record of Commissions, Harrisburg
William Markham, Thomas Ellis, Dr. John Goodsonn and
Samuel Jenings.
1692 6th Hazard's Register, 281 Arthur Cooke, Samuel
Richardson, Anthony Morris and Robert Ewer.
1693 May 5. William Salway, Esq r did solemnlie promise
to execute the Office of Justice of the Peace throughout the
whole province and Countrey ; i C. R., 331 Appointed May
6, 1693 Anthony Morris, Jacob Hall, Francis Rawle, Francis
Danl. Pastorius, Andrew Bankson, Griffith Owen, a former Jus-
tice, did decline. May xoth Humphrey Waterman. July i8th
Joshua Carpenter.
1697 Mentioned Feb. 12, 1697-8; i C. R., 498 Edward
Shippen, Anthony Morris, Charles Sober, John Farmer. James
ffox and Samuel Richardson.
1700 Mentioned igth 10 br. in 2 C. R., 4 Edward Shippen,
Samuel Richardson, Nathan Stanbury and John Jones.
1701 Commissioned 2d 7th mo., 1701 See Record of Com-
missions John Guest, Samuel Finney, Edward Farmer, Rowland
Ellis, Robert French, Andrew Bankson, Samuel Richardson.
Nathan Stanbury and John Jones.
1703 7th 7 mo.; i Logan Papers, 236. Mentioned as the
5
30 MARTIN'S BKNCH AND BAR
only Judges sworn John Guest, Samuel Finney, Edward Farmer
and Andrew Bankson.
1704 Appointed 4th 7 mo.; 2 C. R., 163 John Guest,
Samuel Finney, George Roche, Samuel Richardson, Nathan
Stanbury, John Jones, Joseph Pidgeon, Edward Farmer, Row-
land Ellis and Andrew Bankson, Jr.
1706 Commissioned nth mo., as Justices of the Court of
Common Pleas. See Record of Commissions. Day of the
month not recorded Joseph Growden, William Biles, Samuel
Dark, Joseph Kirkbride, Willoughby Warder, Jeremiah Lang-
home and Thomas Stevenson.
1707 Commisssioned March 3d, Justices of the Common
Pleas, Quarter Sessions and Equity See Record of Commissions
Joseph Growden, Samuel Finney, Nathan Stanbury. John Jones,
George Roche, Edward Farmer, Joseph Pidgeon, Rowland Ellis
and Peter Bankson.
1715 Commissioned June 4th. See Record of Commissions
and 2 C. J?., 626 Richard Hill, Benjamin Vining. Isaac Nurris.
James Logan, Nathan Stanbury, Edward Farmer, Rowland Ellis,
Josiah Rolfe, John Swift, Samuel Carpenter, Joseph Fisher, and
Robert Jones. The Mayor and Recorder were added to the Com-
mission always; 2 C. R., 626. Richard Hill was Mayor and
Robert Assheton Recorder, in 1715, but the latter is not men-
tioned in the Record of Commissions.
1715 Commissioned Sept. ist. See Record of Commissions.
No reason is given for two commissions this year Richard Hill,
Isaac Norris, James Logan, Nathan Stanbury, Edward Farmer,
Rowland Ellis, Benjamin Vining, Josiah Rolfe, Richard Anthony,
John Swift and Robert Jones.
1717 Commissioned Sept. 2d. Record of Commissions, 3 C.
H., 17 Richard Hill, Isaac Norris, James Logan, Anthony Pal-
mer, Nathan Stanbury, Edward Farmer, Rowland Ellis, Benjamin
Vining, Josiah Rolfe, John Swift, Robert Jones, Clement Plum-
sted and Morris Morris.
1718 Commissioned Aug. 19, and re-commissioned Nov. 29,
1718; 3 C. Jf., 40, and Record of Commissions Richard Hill.
Isaac Norris, James Logan, Jonathan Dickinson, Robert Asshe-
ton, Anthony Palmer, Nathan Stanbury, Edward Farmer, Rowland
Ellis, Benjamin Vining, Josiah Rolfe, Clement Plumsted, John
Swift, Robert Jones (Merion), Robert Jones (North Wales)," An
drew Hamilton, Samuel Perez, Samuel Carpenter, Richard Moore
and Charles Read.
1719 Commissioned Dec. 5 ; from Record of Commissions
Richard Hill, James Logan, Isaac Norris, Jonathan Dickinson,
William Fishbourne, Robert Assheton. Anthony Palmer, Nathan
Stanbury, Edward Farmer, Rowland Ellis, Benjamin Vining,
Clement Plumsted, John Swift, Robert Jones (Merion), Robert
OF PHILADELPHIA. 31
Jones (North Wales), Samuel Perez, Samuel Carpenter, Richard
Moore and Charles Read.
1722 Commissioned June 4; from Record of Commissions
Richard Hill, James Logan, Isaac Norris, Jonathan Dickinson,
William Fishbourne, Robert Assheton, Anthony Palmer, Row-
land Ellis, Benjamin Vining, Clement Plumsted, John Swift,
Robert Jones (North Wales), Samuel Carpenter, Charles Read,
Francis Rawle and Robert Fletcher.
1723 Commissioned Feb. 18. Record of Commissions
Richard Hill, James Logan, Isaac Norris, Robert Assheton, An-
'thony Palmer, William Fishbourne, Josiah Rolfe, Edward Farmer,
Benj. Vining, Clement Plumsted, John Swift, Robert Jones (North
Wales), Samuel Carpenter, Charles Read, Rees Thomas, Francis
Rawle, Robert Fletcher, Richard Alborough, Thomas Lawrence,
Evan Owen, John Cadwalader and Edward Roberts.
1725 Commissioned May 12. Record of Commissions
Richard Hill, Isaac Norris, Robert Assheton, Anthony Palmer,
William Fishbourne, Edward Farmer. Clement Plumsted, John
Swift, Robert Jones (North Wales), Samuel Carpenter, Charles
Read, Rees Thomas, Francis Rawle, Robert Fletcher, Robert
Fisher, Thomas Lawrence, Evan Owen, John Cadwalader and
Edward Roberts.
1726 Commissioned Sept. i; 3 C. J?., 271, 298, and Or-
phans' Court Docket, No. i Isaac Norris, James Logan, An-
thony Palmer, Samuel Preston, William Fishbourne, Edward
Farmer, Clement Plumsted, John Swift, Charles Read, Robert
Fletcher, Thomas Lawrence, Evan Owen, Edward Roberts,
Thomas Fenton, Richard Harrison, Joseph Ashton, Derick Jansen
(Germantown), and Owen Evan (North Wales), and on Sept. 15,
1726, (3 C. If., 273) Robert Assheton; but not to sit on the
Bench, as he was Clerk of the Peace and Prothonotary of the
Court of Common Pleas.
1727 Commissioned Sept. 2 Isaac Norris, James Logan,
Anthony Palmer, William Fishbourne, Edward Farmer, John
Swift, Clement Plumsted, Charles Read, Thomas Lawrence, Ed-
ward Roberts, Thomas Fenton, Richard Harrison, Joseph Ash-
ton, Derick Jansen and Owen Evan.
1 73 2 -3 ~ Appointed March 5 ; 3 C. R., 528 Isaac Norris,
Clement Plumsted, Thomas Lawrence, Samuel Hasell. Edward
Farmer, Chas. Read, Edward Roberts, Richard Harrison, Derick
Jansen, Owen Evan,, William Allen, George Boone, Thomas
Griffitts, George Fitzwater, Richard Martin, Lassey Bore, John
Pawlin, Mordecai Lincoln, and the Mayor and Recorder of the
City of Philadelphia, for the time being.
1733 Commissioned Dec. 3 Isaac Norris, Clement Plumsted,
Thomas Lawrence, Samuel Hasell, Thomas Griffitts, Charles Read,
Edward Farmer, Edward Roberts, Richard Harrison, Derick Jan-
32 MARTIN'S BENCH AND BAR
sen, Owen Evan, William Allen, George Boone, George Fitzwater,
Richard Martin, John Pawlin, Mordecai Lincoln, Evan Thomas.
Henry Pastorius, and the Mayor and Recorder of the cjty.
1738 Appointed Nov. 22; 4 C. ft., 312 Clement Plumstcd.
Thomas Lawrence, Samuel Hasell, Ralph Assheton, Thomas Grif-
fins, Edward Farmer, Edward Roberts, Richard Harrison, Derirk
Jansen, William Allen, George Boone, George Fitzwater, James
Hamilton, Thomas Fletcher, William Till, Cadwalader Foulke,
Abram Taylor, Jonathan Robeson, Owen Evan (Limerick;, Ed-
ward Reece (Manhatawney), David Humphreys (Merion,) and
the Mayor and Recorder of Philadelphia, for the time being.
1741 Appointed April 4; $C.R., 482. Commissioned April
10, 1741. Record of Commissions Clement Plumsted, Thomas
Lawrence, Samuel Hasell, Ralph Assheton, the Mayor and Re-
corder of Philadelphia, Edward Roberts, Richard Harrison, Wil-
liam Allen, George Boone, George Fitzwater, James Hamilton,
William Till, Abram Taylor, Jonathan Robinson, Owen Kvan
(Limerick,) Isaac Leech, Benjamin Shoemaker, Joseph Paschall.
Joshua Maddox, Robert Strettell and Derrick Keyser. In the
appointments appears the name of Griffith Llewellyn, but his
name is not in the commission.
1745 Commissioned May 27; 4 C. R., 762 Thomas La\\-
.rence, Samuel Hasell, Ralph Assheton, Abram Taylor, Robert
Strettell, the Mayor and Recorder, William Allen, Richard Har-
rison, George Boone, George Fitzwater, Jonathan Robinson
(Robeson in the Commission, 1 , Owen Evan (Limerick), Benjamin
Shoemaker, Joshua Maddox, Septimus Robinson, Griffith Llew-
ellyn, Derrick Keyser, Edward Shippen, Joseph Turner, Charles
Willing, Thomas Venables, Nicholas Ashton, Thomas Fletcher.
Samuel Morris (Whitemarsh), Thomas Yorke, James Delaplaine,
Francis Parvin, John Potts and Anthony Lee, Esquires.
1749 Appointed June 30 ; 5 C. R., 388 Thomas Lawrence,
Samuel Hasell, Abram Taylor, Robert Strettell, Benjamin Shoe-
maker, Joseph Turner, Thomas Hopkinson, William Logan, the
Mayor and Recorder of the City, William Allen, Jonathan Rob-
inson, Owen' Evan, Joshua Maddox, Septimus Robinson, Edward
Shippen, Charles Willing, Thomas Venables, Nicholas Ashton,
Thomas Fletcher, Samuel Morris (Whitemarsh), Thomas Yorke,
Francis Parvin, John Potts, Anthony Lee, William Coleman,
Benjamin Franklin, Rowland Evans and John Smith (son-in-law
of James Logan.)
1750 Deed Book H, No. 13, page 256 Samuel Mifflin.
1751 Commissioned March 25. Record of Commissions
Jonah Seely and Conrad Weiser.
1752 Appointed by Council, May 25, 1752; 5 C. R., 572,
and commissioned by the Governor, May 30, 1752 Thomas
Lawrence, Robert Strettell, Benjamin Shoemaker, Joseph Turner,
OF PHILADELPHIA. 33
William Logan, Owen Evan, Joshua Maddox, Septimus Robinson,
Edward Shippen, Charles Willing, Nicholas Ashton, Thomas
Fletcher, John Potts, William Coleman, Benjamin Franklin, John
Smith, Rowland Evans, William Plumsted. Thos. White, John
Mifflin. Henry Antes, Henry Pawling, Samuel Ash mead, John
Jones, Abraham Dawes, and on Aug. i, Charles Brockden.
1757 Appointed Nov. 27; 7 C. R., 769 William Coleman,
(promoted to Associate Justice of the Supreme Court, April 8,
1758), Joshua Maddox, Septimus Robinson, John Potts, Rowland
Evans, William Plumsted, Henry Pawling, Samuel Ashmead,
John Jones, William Peters, Atwood Shute, Alexander Stedman,
Samuel Mifflin, Jacob Duche, Isaac Jones, Evan Thomas, John
Roberts, Archibald McLean, Enoch Davis, William Dewees,
John Coplin, George Evans and Isaac Ashton.
1759 Commissioned Oct. 20 James Humphreys and John
Hughes. These are the only names on the Record of Commis-
sions at this date. James Humphreys was a Notary Public, and
was made a Justice of the Peace, to accommodate him in that
office, which he held for a long series of years ; see 10 C. R., 46.
On Feb. 8, 1761, five writs of supersedeas were issued to Thomas
Yorke, Rowland Evans, John Potts, Samuel Wharton and John
Hughes, late Judges of the Common Pleas, forbidding them ex-
ercising the powers granted them by Governor Denny; 8 C. R.^
575. They were commissioned only as Judges of the Common
Pleas, on October 20, 1759 ; no doubt they held the Quarter Ses-
sions. In the Record of Commissions, Samuel Wharton heads
the list, and would therefore appear to be the prior Judge, but I
have followed the Colonial Records, as above, and as will appear
in the list of the Justices and Judges of the Common Pleas. See
also the Orphans' Court Dockets, wherein it is shown that Thomas
Yorke and his associates held that Court from Dec. 8, 1759, until
they were superseded.
1761 Commissioned Feb. 28; 8 C. R., 575 Alexander Sted-
man, (advanced to Associate Justice of the S. C., March 20, 1761,1
William Plumsted. Septimus Robttison, John Potts, Junior, Row-
land Evans, Henry Pawling, Samuel Ashmead, John Jones (Ger-
mantown), William Peters, Samuel Mifflin, Jacob Duche, Isaac-
Jones, William Coxe, Thomas Willing, Daniel Benezet, Edward
Penington, Samuel Shoemaker, William Parr, Joshua Howell,
Evan Thomas, John Roberts (Miller), Archibald McLean, Enoch
Davis, William Dewees, John Coplin, George Evans, Isaac Ash-
ton, Henry Harrison, James Coultas, John Trump, John Bull,
and William Mayberry, and on March 4, Jarnes Humphreys. In
8 C. R., 575, will be found the list of gentlemen recommended
for Justices to the Governor, on Feb. 28, 1761, which it will be
perceived differs from the foregoing in this, Jacob Hall is omitted,
and William Parr substituted.
:U MARTIN'S BENCH AND BAR
1764 Commissioned Nov. 19 William Plumsted, Septimus
Robinson, Samuel Ashmead, William Peters, Samuel Mifflin,
Jacob Duche, Isaac Jones, William Coxe, Thomas Willing, Daniel
Benezet, Samuel Shoemaker, William Parr, Evan Thomas, Archi-
bald McLean, William Dewees, Henry Harrison, James Coultas,
Jacob Hall, John Bull, Thomas Lawrence, Jr., John Lawrence.
George Bryan, William Humphreys. Frederick Antes, Peter Evans,
James Biddle, Alexander Edwards and James Humphreys.
1765 Commissioned Jan. 17 Enoch Davis.
1767 John Allen, commissioned March 20 ; and Charles Jolly,
Sept. 14, 1767.
1768 Charles Batho, commissioned June 13.
1770 Commissioned June 4 Isaac Jones, Samuel Ashmcud.
Samuel Mifflin, Jacob Duche, Samuel Shoemaker, William Parr,
Evan Thomas, Archibald McLean, William Dewees, Jacob Hall,
Thomas Lawrence, John Bull, George Bryan, Frederick Antes,
James Biddle, Alex. Edwards, John Allen, Charles Jolly, James
Young, Charles Batho, John Gibson, Peter Chevalier, Peter
Knight, and John Potts; and on June 21, James Humphreys.
the Notary Public.
1771 John Moore, commissioned Aug. i, and on Aug. 20,
Matthew Clarkson, the Notary Public.
1772 Commissioned Jan. i ; 10 C. R., 46 Peter Miller, the
Notary Public, to aid him in his office. &c.
1772- Commissioned April 27 Isaac Jones, Samuel Ashmead.
Samuel Mifflin, Jacob Duche, Samuel Shoemaker, William Parr,
Archibald McLean, John Bull, George Bryan, Frederick Antes,
James Biddle, Alex Edwards, John Allen, James Young, John
Gibson, John Potts, John Moore, Thomas Rutter, James Dieiner.
Samuel Potts, George Clymer, Lindsay Coats, Charles Bensel
and Samuel Irwin, and the following Notaries-Public, to assist
them in their office, viz: James Humphreys, Matthew Clarkson,
Peter Miller and John Ord ; and on May 4 Samuel Powel and
Henry Hill; 10 C. R., 47.
1773 Justices of the Quarter Session:; and Common Pleas.
From Aitkeri } s Register, 1773, P- 3 Isaac Jones, President:
Samuel Ashmead, Samuel Mifflin, Jacob Duche, Samuel Shoe-
maker, William Parr, Archibald McClean, John Bull, George
Bryan, Frederick Antes, James Biddle, Alexander Edwards, John
Allen, James Young, John Gibson, John Potts, John Moore.
Thomas Rutter, James Diemer, Samuel Potts, George Clymer.
Samuel Irwin, Lindsay Coates, James Humphreys, Matthew
Clarkson, Peter Miller, John Ord, Samuel Powell and Henry
Hill.
i 774 Justices of the C. P. and Q. S. From Aitkeri 's Rei<-ni
brancer Samuel Ashmead, President ; and the above Justices.
OP' PHILADELPHTA. 35
excepting Isaac Jones, and with Alexander Wilcocks, commission-
ed March 4; 10 C. R., 155.
1776 By ordinance of the Convention of Sept. 3. See Min-
utes of the Convention, page 73 Benjamin Franklin, John Dick-
inson, George Bryan, James Young, James Biddle, John Morris,
Jr., Joseph Parker, John Bayard, Sharpe Delarry, John Cadwala-
der, Joseph Cowperthwaite, Christopher Marshall (the elder),
Francis Gurney, Robert Knox, Matthew Clarkson, William Coats,
William Ball, Philip Boehm, Francis Casper Hassenclever, Thomas
Cuthbert (the elder), Moses Bartram, Jacob ^Shreiner, Joseph
Moulder, Jonathan Paschall, Benjamin Paschall, Benjamin Harbe-
son, Jacob Bright, Henry Hill, Samuel Ashmead, Frederick Antes,
Samuel Irwin, Alex. Edwards, Seth Quee, Samuel Potts, Rowland
Evans, Charles Bensel and Peter Evans.
1777 Commissioned March 28 ; n C. R., 194 James Young,
John Ord, Joseph Redman, Sr. , Isaac Howell, George Henry,
Plunket Fleeson, Benjamin Paschall and Philip Boehm.
1777 Commissioned June 6; n C. R., 215 Samuel Ashmead,
George Bryan, James Young, John Moore, John Ord, Jonathan
Paschall, Joseph Redman, Sr., Peter Evans, George Henry, Plun-
ket Fleeson, Isaac Howell, Benjamin Paschall, Seth Quee, Andrew
Knox, John Knowles, David Todd, Philip Boehm, Zebulon Potts
and John Richards, and on July 25, William McMullin.
1778 July 6, Jonathan Bayard Smith; Oct. 21, David Kennedy;
Nov. 10, Henry Naglee, Joseph Cowperthwaite ; Dec. 16, John
Miller and Michael Croll.
1779 -Commissioned Jan. 5 William Ball, William Adcock,
Samuel Morris, Jr., and May 7, William Rush.
1780 Commissioned June 7 John Howell; 12 C. R., 379.
1783 Commissioned July 12 William Dean; 13 C. R., 625.
1784 14 C. R., 54, &c. ; Frederick Augustus Muhlenberg,
Samuel Wharton, Isaac Howell, John Knowles, 'William Masters,
Manuel Eyre, John Richards, Henry Scheetz, Plunket Fleeson,
John Gill and Jonathan Penrose.
1785 John Nice, James Loughead, Joseph Wharton and Ed-
ward Shippen ; 14 C. R., 316, 344, 381.
1786 14 C. R., 629, 660, 669, 672; 15 C. R., 17, 26 Dr.
Enoch Edwards, William Craig, William Pollard, Matthew Hoi-
gate, John Gill, Lewis Weiss and William Rush.
1787 15 C. R., 160, 192, 272 Feb. 9, Alexander Tod; April
7, Matthew Irwin ; and Sept. 12, Robert McKnight.
1788 Jan'y 10, William Nichols; March 31, Joseph Ferree ;
April 3, Jacob Weaver ; May 9, Joseph Wharton and William
Masters to be Justices of the Common Pleas ; 15 C. R., 452 ; Aug.
26, William Coats; Aug. 29, William Craig; Sept. 22, Clement
Biddle; and Nov. 25, James Biddle.
36 MARTIN'S BENCH AND BAR
The County Courts
OF THE COUNTY OF PHILADELPHIA.
Under the Royal Charter to William Penn there were established
in the Province of Pennsylvania three separate County Courts,
viz: The Common Pleas, Quarter Sessions of the Peace, (2 C.
Jt., 243), and the Orphans' Court, to be held by the Justi<
the Peace ; and a Supreme Provincial Court to hear appeals from
the County Courts. Special Courts of Oyer and Terminer were
held by Judges specially commissioned from time to time, d C.
R., in, 112, 114, &c..) one or more Judges of the Supreme
Court being generally included in the commission. Finally the
Judges of the Supreme Court were commissioned always as the
Justices of the Oyer and Terminer and General Gaol Delivery,
(9 C. J?., 393). And the Governor and Council sat as a Court
of Equity in all matters. In addition to the regular County
Court a tribunal was established called the " PEACE MAKI
consisting of three persons, who were appointed by the Justices,
and whose duties were something similar to those of arbitrators
at the present day. Or, to use the language of Penn, they were
appointed " to prevent law-suits, to act in the nature of arbitra-
tors, to hear and to end differences between man and man."
And a Supreme Court of Oyer and Terminer for the Trial of Ne-
groes was also formed. Book A, 4, p. 78, &c.
The first Grand Jury summoned in the county of Philadelphia
is thus announced in i C. R., 31, on the 25th of the 8th month,
1683 : " A Grand Inquest were Impanneld and Attested, whose
names are as followed : Tho: Lloyd, foreman, Enoch Flower.
Rich. Wood, Jno. Hardin. Jno. Hill. Edw'd Louff, Ja: Boyden,
Nich: Walne, Jno: James, Jno: Vanborson, Robt. Hall, Valt. Hol-
lingsworth, Alexer. Draper, Jno: Louff, Jno: Wale, Samll. Darke,
Jno: Parsons, Jno: Blunstone, Tho: ffitchwater, Wm. Guest, Jno.
Curtis, Robt. Lucas, Hen: Jones, Caleb Pusy." And the next
day they found a true bill against Charles Pickering for a " Hey-
nous and Grevious Crime," (counterfeiting), and the following
Petty Jury were sworn to try him: "John Claypoole, foreman,
Robt. Turner, Robt. Euer, Andrew Bankson, Jno: Barnes, Jos.
ffisher, Dennis Rochford, Wm: Howell, Walt'r King, Benj:
Whitehead, Tho: Rouse, David Briutnell." John White, Attor-
ney-General.
Under the Charter of Wm. Penn to Philadelphia, in 1701, the
Mayor, Recorder and Aldermen were " Justices of the Peace and
Justices of the Oyer and Terminer," this was the City Court:
The Recorder presided. Four to be a quorum, whereof the
Mayor and Recorder were two. The City Magistrates, under
the charter, also sat in the Common Pleas.
In 1701, an Act passed providing for the appointment of
OF PHILADELPHIA. 37
Judges of the Common Pleas with Equity powers, and Justices
were commissioned for the same. Out of this Act arose the dis-
pute whether the Governor should or should not be Chancellor.
In 1710 an Act was passed "for establishing Courts of Judi-
cature," in which Equity powers were not vested in the Governor,
but a Court of Equity was to be held by the Jndges of the Com-
mon Pleas. And again on May 28, 1715, Acts were passed for
establishing a Supreme Court in Law and Equity, Courts of Com-
mon Pleas and of General Quarter Sessions of the Peace. These
Acts were, however, repealed by the English Privy Council.
Previously, on March 27, 1713, an Orphans' Court was formed,
to be held by the Judges of the Quarter Sessions; 2 C. R., 591.
Sir William Keith became Governor in 1717*, and in 1719 the
Acts of 1715 were repealed. Keith established in 1720 a Court
of Chancery, which was abolished in 1735.
By the Act of May 22, 1722, a Supreme Court was established,
with a Chief Justice and two Associates, with power to hear ap-
peals from the Common Pleas, Quarter Sessions and the City
Court, and a Supreme Court of General Sessions of Oyer and
Terminer, and County Courts of Common Pleas, with a compe-
tent number of persons as Justices, duly commissioned to hold the
Courts, three constituting a quorum.
On the 2oth of May, 1767, the number of Justices of the Su-
preme Court was increased to four, a Chief Justice and three
Associates.
On January 28, 1777, an Act was passed directing that one
Justice in each county should be appointed to preside in the re-
spective Courts of Common Pleas, General Quarter Sessions, and
Orphans' Court. But this office had existed from the foundation
of Penn's government, for we find in i C. R., p. 18, that an
attested copy of the Laws should be transmitted <; to y e Presid't
or Clark of each County Court," and on the 24th of the 6th
month, 1684, the Council " Ordered that the next Justice in
Commission to the Presd't of the Court of New Castle, doe offi-
ciate in the same till further order." The cause of that order
was, without doubt, the death of William Welch, who was, I have
no hesitation in stating, the President of the Court at New Castie
and at Philadelphia also, for in i C.R., p. 67 ( ist ed. ), on the nth
of y e 7th month, 1684, " It being proposed by a Memb'r in Coun-
cil, that a New Commission of the Peace be granted for the
Countys of Philadelphia & New Castle, by reason of y e removeall
and Decease of y e say d Presid't, it was Unanimously agreed that
New Commissions should be Issued out."
The following precept, directed to the Sheriff of Philadelphia,
ordering the holding of, what I believe, was the first Court held
in this city, is in these words, copied from the original, viz :
6
38 MARTIN'S BENCH AND BAR
" To y e high Sherif of ye County of Philadelphia :
"Nicholas More, Esq., & President of y e Free Socyety & Court ot
Justices;
' Thomas Ferman, Esq., and one of y fl Justices of y 6 Peace ;
" Laurence Cock, Esq., & one of y e Justices of y Peace ;
" Three Justices of y e King shall keepy 6 Peace in y e County of Philadelphia,
and they that are appointed shall hear & terminate divers fielonies, transgres
sions & other wicked deeds being Committed in y e County aforesaid, vizt : wee
do Command through all y e parts of y same County aforesaid, and in y e author
ity of y e King, that thou mayest go thorow it and Cause to Come before us or
our companions y e Justices of y e Peace in Philadelphia, y e Eleventh day of
y e Eleventh month, alias January, att y Blew Anker, at 10 of the Clock, such
twenty-ffoure honest and lawful! men of y e County, and twenty-ffoure Milites
ft a/., probos el legales homines de Corpore Com., and other honest and lawful!
men of y e body of y e . County, whosoever they be, and that have possessions and
be ffree Indwellers, to enquire y n and in y e place concerning these things \v >'
shall be Comended y m of y e King aforesaid; also y u must cause all Crowners
of y e County, marshalls, Constables, and other officers of y e County, to know
it that they are then, att that time to know and to fill up those things w ch they
must do by reason of their offices. Moreouer, thou must cause to be proclaimed
in all y* County and Priuiledge places, and in fitt places, that ye sessions of
y e peace shall be held att y e day & place beforesaid, and thou thyselfe must be
there to know and perform those things w ch belong to thy office ; and thou
must have so many names of witnesses, Crowners, Marshalls, Constables, &c.,
as is required by precept.
" Dated under our scales y e 2nd January, 1682-3.
" N. More, [Seal.]
"Tho. ffarman, [Seal.j
" Lasse Cock, [Seal.]
On each seal is an impression of the individual coat-of-arms of
the Justice sealing and signing the writ. On that of Nicholas
More a shield of four quarterings ; the first and fourth, four bars
( barry) ; second and third, a lion rampant, crowned ; crest, a
ducal coronet ; the shield surrounded by olive branches. On that
of Thomas Fairman a shield having a chevron, with two squirrels
above and one below it. On that of Lasse Cock a pelican on her
nest, in a circle, feeding her young with blood from her breast.
On September i, 1791, the Courts were reorganized with a
President Judge, learned in the law, and not less than three nor
more than four associates laymen, for each county. See Act 13
April, 1791.
It therefore appears that the Justices of the Peace, who were
commissioned as Justices of the Courts, held the County Courts,
that is to say, the Court of Common Pleas, the Quarter Sessions
of the Peace, and the Orphans' Court, until 1791. There ap-
pears to have always been a Presiding Justice, probably the oldest
Justice, by the commission, and I have given the name of the
first or prior Justice on each Commission, as the Presiding Justice.
The same person being, in many cases, for a long series of years,
the first on each Commission issued, shows that my conclusion is
no doubt correct, especially as precedence of place in regard to
OF PHILADELPHIA. 39
the standing of each Justice, on the successive commissions,
seems to have been, as a rule, strictly observed.
In i C. R., 66. It was "Ordered that the next Justice in
Commission to the Presd't of the Court of New Castle, doe offici-
ate in the same till further order." This order was no doubt
made in consequence of the illness of William Welch, the Presid-
ing Justice of that Court, whose death was announced at the next
meeting of Council.
As early as Sept. 22, 1676, in the Ordinance introducing the
Duke of York's Laws, establishing Courts of Justice on the Dela-
ware river, it is said : "3. That the said Courts consist of Jus-
tices of the Peace, whereof three make a quorum," &c., "in
which the oldest Justice to preside, unless otherwise agreed among
themselves." 7 Penna. Archives, pp. 783, 784 (2d series.) And
this was, no doubt, the rule until the passage of the Act of Jan.
28, 1777.
On Nov. 12, 1677, a Court was held at Upland, now Chester,
by " John Moll, President of the New Castle Court, with the Jus-
tices of Upland Court." Smith 1 s History of Delaware County,
in. See also Upland Record, 92.
In the minutes of the Court of Chester County, of Nov. 30,
1 68 1, William Markham is styled "Governor and President,"
and on June 13, 1682, William Clayton is called "President."
John Simcock, "President," Feb. 14, 1682-3, and Christopher
Taylor, "President," in 1684. Martin' 's History of 'Chester, 462.
Peter McCall, Esq., says, in a note to p. 27, of his Discourse,
on Sept. 5, 1838, before the Law Academy of Philadelphia:
" Isaac Norris presided for a long time in the Quarter Sessions and
Common Pleas, and was a member of Council for upwards of 30
years." And in Perry's Papers relating to the History of the
Church in Pennsylvania, pp. 264 and 270, William Moore is
called the " President Judge of the Courts of Common Pleas of
Chester County, on February 5, 1758."
The Aldermen of the City of Philadelphia, sat in the " City
Court" as Associate Judges, the Recorder presiding, and those of
the Aldermen who were commissioned as Justices of the Peace
and of the Courts, assisted the other Justices or Judges in the
Common Pleas, Quarter Sessions and Orphans' Court. The
Mayor of the City and the Recorder were always included in the
Commissioners of the Peace, as were also all members of the
Supreme Executive Council, but the latter did not sit in the
Courts as a general rule.
Special Courts and Judges to hold the same, were often created
by the Provincial Council. This seemed to have always been the
case in regard to the Courts for the Tryal of Negroes and of
Oyer and Terminer, over which the Chief Justice was almost
always named to preside. Each Governor or Deputy Governor
40 MARTIN'S BENCH AND BAR
of the Province issued a new commission for Justices. The rule
was to do so every year; but it seems not to have been strictly
observed. On one occasion (in 1693) the Commission to the
Justices of the Common Pleas was to sit three days and no longer :
i C. X., 356.
I give below a list of the Justices who held the County Courts
of Philadelphia, until Sept. i, 1791, and to avoid useless repeti-
tion of names, give only the name of each Justice once, and the
date of the year when first commissioned, although many were
re-appointed several times, and some served through a long series
of years. For the term of service, see the Record of Commis
sions heretofore given. It appears that four Justices were a quo-
rum. See 2 C. R., p. 4. In the old Dockets of the Orphans'
Court, I noticed that there were always four Justices present at
every sitting of the Court, never any less, seldom any more.
Presiding Justices
OF THE COUNTY COURT OF QUARTER SESSIONS.
Nicholas More, in office Jan. 2, 1682-3
William Welch, commissioned 29, 3 mo., 1684
William Clarke, " 19, 6 mo., 1684
James Claypoole, 6, 9 mo., 1685
Christopher Taylor, 1 17, 3 mo., 1686
William Clarke, " 2, 8 mo., 1686
John Eckley, " 17, 6 mo., 1687
William Markham, " 10, n mo., 1688
Thomas Lloyd, 2 " 2, u mo., 1689
Wm. Markham, 4, 9 mo., 1690
William Sal way, May 5, 1693
Anthony Morris," " May 29, 1693
Edward Shippen, " Feb. 12, 1697-8
John Guest, 2, 7 mo., 1701
Joseph Growden, " , n mo., 1706
Richard Hill, " June 4, 1715
James Logan, 4 " Sept'r 2, 1723
Isaac Norris, 5 " Sept'r 21, 1726
Clement Plumsted, . " June n, 1734
1 Died before Sept. 21, 1686. 2 Died loth 7 mo., 1694, aged 45.
* Salway was promoted to the Supreme Court on May 29, 1693, and Morri-.
on Aug. 10, 1694, but the latter seems to have retained his position in the
lower courts, as will be seen hereafter; he died 23d 8 mo., 1721, aged (17.
4 "James Logan and his associates, Justices of the Court of General Ouartci
Sessions of the Peace and Common Pleas for the City and County of Philadel
phia," Sept. 2, 1723. See printed pamphlet entitled, " A Charge to the Grand
Jury," &c., printed 1723, by Andrew Bradford, with the address to the Grand
Jury.
5 See Orphans' Court Docket, No. 2. Isaac Norris last sat on the Bench on
April 22, and on June u, 1734, Clement Plumsted heads the list of Justices.
OF PHILADELPHIA.
41
Thomas Lawrence, 1
Robert Strettell,
William Coleman,
Alexander Stedman/
William Plumsted,
Septimus Robinson, 3
Samuel Ashmead,
Isaac Jones,
Samuel Mifflin, 4
James Young,
Samuel Ashmead,
John Ord,
John Moore,
John Ord,
Plunket Fleeson,
Edward Shippen,
Dr. Enoch Edwards.
commissioned
May 27,
April 26,
Nov'br 27,
April 8,
March 21,
August 14,
Jan'y 16,
June 4,
Dec'r 6,
March 28,
June 6,
March i ,
Sept'r 6,
Sept'r 4,
Nov'r 18,
October 4,
August 15,
1745
1754
1758
1764
1765
1767
1770
H73
1777
1777
1779
1779
1780
1780
1785
1789
1 Thomas Lawrence died April 25, 1754. On April 8, 1758, Coleman \va.-,
promoted to the Supreme Court, and Alexander Stedman took his place then,
for we find him presiding in the Orphans' Court on Dec. 9, 1758, and called
" President of the Court of Common Pleas," June 2, 1759; 8 C. R., 339. On
March 21, 1764, Judge Stedman was advanced to the Supreme Court in place
of Mr. Justice Coleman, who declined to be recommissioned, and William
Plumsted, next in the commission of Feb. 28, 1761, to Stedman, no doubt took
his place as President.
2 By the Act of Sept. 29, 1759, the Justices of the Quarter Sessions were not
to be Judges of the Common Pleas or of the Orphans' Court ; therefore Thomas
Yorke and his associates never sat in the Quarter Sessions ; for this reason his
name is omitted in this list.
3 Septimus Robinson died January /, 1767.
* Westcott in his History of Philadelphia, Sunday Dispatch of May 2, 1875,
states inter alia, that " Samuel Ashmead died in 1798. * * He was Presi-
dent of the Justices of the Common Pleas and Quarter Sessions in 1774." See
Aitken's Register, which gives him as President of the C. P. and Q. S., at that
date. This is an error as to the Quarter Sessions, for an old Docket, just dis-
covered (1879), of that Court for 1773 to 1779, gives as President, or first
Justice, Isaac Jones, Sept. 6, 1773; Samuel Mifflin, Dec 6, 1773; and places
Mifflin's name on a separate line, by itself, until June 4, 1776, after which there
are no entries in the Docket, until the following, viz : " At a General Quarter
Sessions of the Peace, held at Philadelphia for the County of Philadelphia, on the
First day of September, Anno Domini 1777, (being the first Session of the Peace
held for the County aforesaid since the United Colonies of North America were
by their Representatives in Congress assembled declared Free and Independent
States, which was done at Philadelphia on the Fourth day of July, 1776, when
the former Constitution and Government of the Province of Pennsylvania were
abolished, and soon afterwards a New (to wit, the present) Constitution, Laws
and Police for the good Government of the Commonwealth of Pennsylvania
were formed and established)." And we find in said Docket, "James Young,
Esquire, President," Sept. I, 1777; John Ord, Esquire, President, March I,
1779; John Moore, Esquire, President, Sept. 6, 1779; John Ord, Esquire,
President, Sept. 4, 1780.
42
MARTIN'S BFATH AND BAR
Justices of the Court of Common Pleas,
Quarter Sessions of the Peace
and Orphans' Court,
FOR TIIK CITY AND COl NTY OF PHILADELPHIA.
From 1G84 to 1789.
Nicholas More,
Thomas Fairman,
Laurence Cock,
William Welch,
William Clarke,
William Clayton,
Robert Turner,
Francis Daniel Pastorius.
James Claypoole,
William Frampton,
Humphrey Murrey,
William Salway,
John Bevan,
William Wardner, Sr. ,
John Moon,
Dr. John Goodsonn,
Christopher Taylor,
Barnabas Wilcocks,
William Southebe,
John Eckley.
Thomas Ellis,
Joshua Cart,
John Shelton,
William Markham,
Samuel Carpenter,
Griffith Jones,
Samuel Richardson,
Griffith Owen,
Francis Rawle,
John Holme,
Thomas Lloyd,
Arthur Cooke,
Samuel Jen ings,
Anthony Morris,
Robert Ewer,
Jacob Hall,
Andrew Bankson,
Humphrey Waterman,
Joshua Carpenter,
Edward Shippen,
Charles Sober,
commissioned
Jan. 2, 1682-3
Jan. 2, 1682-3
Jan. 2, 1682-3
29,3 mo., 1684
19, 6 mo.
19, 6 mo.
19, 6 mo.
19, 6 mo.
6, 9 mo. ;
6, 9 mo.
6, 9 mo.
6, 9 mo.
6, 9 mo.
6, 9 mo.
6, 9 mo. :
6, 9 mo.,
17,3010.
20, 7 mo
1684
1684
1684
1684
1685
1685
1685
1685
1685
1685
1685
1685
1686
1686
20, 7 mo., 1686
18, 3 mo., 1687
18,3 mo.,
18, 3mo.,
1 8, 3 mo.
nth,
nth,
nth,
12, nth,
12, nth,
nth,
12,
12,
12,
I 2
12, nth,
1687
1687
1687
1688
1688
1688
[688
1688
1688
1688
2,
6,
4, 9 mo.
ii, 1689-90
7 mo.. 1690
1690
1692
1692
1693
1693
1693
May 6,
May 6,
May 10,
July 1 8,
Feb. 12, 1697-8
Feb. 12, 1697-8
1693
OF PHILADELPHIA.
John Farmer, commissioned
James Fox, "
Nathan Stanbury, "
John Jones, "
John Guest, "
Samuel Finney, "
Edward Farmer,
Richard Ellis,
Robert French,
George Roche,
Joseph Pidgeon,
Andrew Bankson, Jr.,
Joseph Growden,
William Biles,
Samuel Dark,
Joseph Kirkbride,
Willoughby Warder,
Jeremiah Langhorne.
Thomas Stevenson,
Peter Bankson,
Richard Hill,
Benjamin Vining,
Isaac Norris,
James Logan,
Josiah Rolfe,
John Swift,
Joseph Fisher,
Robert Jones,
Robert Assheton,
Richard Anthony,
Anthony Palmer,
Clement Plumsted,
Morris Morris,
Jonathan Dickinson,
Robert Jones, (Merion),
Robert Jones, (North Wales ),
Andrew Hamilton,
Samuel Perez,
Richard Moore,
Charles Read,
William Fishbourne,
Robert Fletcher,
Rees Thomas.
Richard Alborough,
Thomas Lawrence,
Evan Owen,
John Cadwalader,
II,
II,
II.
II,
Feb. 12, 1697-8
Feb. 12, 1697-8
19, 10 br 1700
19, 10 br 1700
2, 7 mo., 1701
2, 7 mo., '1701
2, 7 mo., 1701
2, 7 mo., 1701
2, 7 mo., 1701
4, 7 mo., 1704
4, 7 mo., 1704
4, 7 mo., 1704
, n, 1706
, n, 1706
, n, 1706
1706
1706
1706
1706
March 3,. 1707
June 4, 1715
June 4, 1715
June 4, 1715
June 4, 1715
June 4. 1715
June 4, 1715
June 4, 1715
June 4, 1715
June 4, 1715
Sept. i, 1715
Sept. 2, 1717
Sept. 2, 1717
Sept. 2, 1717
Aug. 19, 1718
Aug. 19, 1718
Aug. 19, 1718
Aug. 19, 1718
Aug. 19, 1718
Aug. 19, 1718
Aug. 19, 1718
Dec. 5, 1719
June 4, 1722
Feb. 18, 1723
Feb. 18, 1723
Feb. 18, 1723
Feb. i 8, 1723
Feb. 18, 1723
44
MARTIN'S BK.NCM AND BAR
Edward Roberts, 1 commissioned
Robert Fisher,
Samuel Preston, 2 "
Thomas Fenton,
Richard Harrison, "
Josep*h Ashton,
Derick Jansen,
Owen Evan, (North Wales), "
Samuel Hasell,
William Allen,
George Boone,
Thomas Griffitts,
George Fitzwater,
Richard Martin,
Lassey Bore,
John Pawlin,
Mordecai Lincoln,
Evan Thomas,
Henry Pastorius,
Ralph Assheton,
James Hamilton,
Thomas Fletcher,
William Till,
Cadwalader Foulke,
Abram Taylor,
Jonathan Robeson, '
Owen Evan, (Limerick),
David Humphreys,
Edward Reece, Manhatawney)
Isaac Leech,
Benjamin Shoemaker,
Joseph Paschall,
Joshua Maddox,
Robert Strettell,
Derrick Keyser,
Griffith Llewellyn,
Septimus Robinson,
Edward Shippen,
Joseph Turner.
Charles Willing,
Thomas Venables,
Nicholas Ashton,
Samuel Morris, ( Whitemarsh)
Thomas Yorke,
James Delaplaine,
1726
1726
1726
1726
1726
1726
Feb. 1 8
May 12
Sept. i
Sept. i
Sept. i
Sept. i
Sept. i
Sept. i
Mar. 5, 1732-3
Mar. 5, 1732-3
Mar. 5, 1732-3
Mar. 5, 1732-3
Mar. 5, 1732-3
Mar. 5, 1732-3
Mar. 5, 1732-3
Mar. 5, 1732-3
Mar. 5, 1732-3
Dec. 3, 1733
Dec. 3, 1733
NOV. 22, 1738
NOV. 22, 1738
NOV. 22, 1738
NOV. 22, 1738
NOV. 22, 1738
NOV. 22, 1738
NOV. 22, 1738
NOV. 22, 1738
NOV. 22. 1738
NOV. 22, 1738
April 4,
April 4,
April 4,
April 4, 1741
April 4, 1741
April 4, 1741
May 27, 1745
May 27, 1745
May 27, 1745
May 27, 1745
May 27, 1745
May 27, 1745
May 27, 1745
May 27, 1745
May 27, 1745
May 27, 1745
1741
1741
1741
1 Died 25th II n:o., 1768, aged 82. 2 Died loth 7 mo., 1793, aged 79.
OF PHILADELPHIA.
45
Francis Parvin,
John Potts,
Anthony Lee,
Thomas Hopkinson,
William Logan,
William Coleman,
Benjamin Franklin,
Rowland Evans,
John Smith, 1
Samuel Mifflin,
Jonas Seely,
Conrad Weiser,
William Plumsted,
Thomas White,
John Mifflin,
Henry Antes,
Henry Pawling,
Samuel Ash mead,
John Jones,
Abraham Dawes, 2
Charles Brockden
William Peters,
Atwood Shute,
Alexander Stedrnan,
Jacob Duche,
Isaac Jones,
Evan Thomas,
John Roberts,
Archibald McLean,
Enoch Davis,
William Dewees,
John Coplin,
George Evans,
Isaac Ashton,
James Humphreys,
John Hughes,
Samuel Wharton,
John Potts, Jr.,
William Coxe,
Thomas Willing,
Daniel Benezet,
Edward Penington, 3
1 Son-in-law of Jas. Logan. 2 Died Feb. I, 1776, aged 72.
:! The Peningtons of Philadelphia, spell their names thus, and are descend-
ants of Isaac Penington, who died in 1679, and who with his wife is buried
alongside of William Penn and his wife, in Jordan grav.eyard, Chalfont, Bucks,
England. He said there was no need of a double n to spell Penington.
7
commissioned
May 27, 1745
"
May 27, 1745
tt
May 27, 1745
tt
June 30, 1749
"
June 30, 1749
u
June 30, 1749
tt
June 30, 1749
"
June 30, 1749
tt
June 30, 1749
T *T r o
i I 75
Mar. 25, 1751
"
Mar. 25, 1751
Ii
May 20, 1752
"
May 20, 1752
"
May 20, 1752
"
May 20, 1752
"
May 20, 1752
It
May 20, 1752
"
May 20, 1752
tt
May 20, 1752
tt
Aug. i, 1752
"
Nov. 27, 1757
tt
Nov. 27, 1757
It
Nov. 27, 1757
"
Nov. 27, 1757
"
Nov. 27, 1757
tt
Nov. 27, 1757
"
Nov. 27, 1757
"
Nov. 27, 1757
"
Nov. 27, 1757
"
Nov. 27, 1757
It
Nov. 27, 1757
"
Nov. 27, 1757
"
Nov. 27, 1757
1C
Oct. 20, 1759
"
Oct. 20, 1759
1 1
Oct. 20, 1759
"
Feb. 28, 1761
"
Feb. 28, 1761
It
Feb. 28, 1761
It
Feb. 28, 1761
tt
Feb. 28, 1761
46
MARTIN'S BKNCH AND BAR
Samuel Shoemaker,
William Parr,
Joshua Howell,
John Roberts, (Miller),
Henry Harrison,
James Coultas,
John Trump,
John Bull,
William Mayberry,
Jacob Hall,
Thomas Lawrence, Jr.,
John Lawrence,
George Bryan,
William Humphreys,
Frederick Antes,
Peter Evans,
James Biddle,
Alexander Edwards,
John Allen,
Charles Jolly,
Charles Batho,
James Young,
John Gibson,
Peter Chevalier,
Peter Knight,
John Moore,
Matthew Clarkson,
Peter Miller,
Thomas Rutter,
James Diemer,
Samuel Potts,
George Clymer,
Lindsay Coats,
Charles Bensel,
Samuel Irwin,
John Ord,
Samuel Powel,
Henry Hill,
Alexander Wilcocks.
Benjamin Franklin,
Jonathan Dickinson,
John Morris, Jr.,
Joseph Parker,
John Bayard,
Sharp Delany,
John Cadwala.der,
Joseph Cowperthwaite,
commissioned
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Feb. 28, 1761
Nov. 19, 1764
Nov. 19, 1764
Nov. 19, 1764
Nov. 19, 1764
Nov. 19, 1764
Nov. 19, 1764
Nov. 19, 1764
Nov. 19, 1764
Mar. 20, 1767
Sept. 14, 1767
June 13, 1768
June 4, 1770
June 4, 1770
June 4, 1770
June 4, 1770
Aug. i, 1771
Aug. 20, 1771
Jan'y i, 1772
April 27, 1772
April 27, 1772
April 2J*, 1772
April 27, 1772
April 27, 1772
April 27, 1772
April 27, 1772
April 27, 1772
May 4, 1772
May 4, 1772
March 4, 1774
Sept. '3, 1776
Sept. 3, 1776
Sept. 3, 1776
Sept. 3, 1776
Sept. 3, 1776
Sept. 3/1776
Sept. 3, 1776
Sept. 3, 1776
OF PHILADELPHIA.
Christopher Marshall, Sr., commissioned Sept. 3, 1776
Francis Gurney, Sept. 3, 1776
Robert Knox, Sept. 3, 1776
William Coats, ' Sept. 3, 1776
William Ball, ' Sept. 3, 1776
Philip Boehm, Sept. 3, 1776
Francis Casper Hassenclever, ' Sept. 3, 1776
Thomas Cuthbert, Sr., ' Sept. 3, 1776
Moses Bar tram, Sept. 3, 1776
Jacob Schreiner, Sept. 3, 1776
Joseph Moulder, ' Sept. 3, 1776
Jonathan Paschall, ' Sept. 3, 1776
Benjamin Paschall, 1 ' Sept. 3, 1776
Benjamin Harberson, ' Sept. 3, 1776
Jacob Bright, ' Sept. 3, 1776
Seth Quee, ' Sept. 3, 1776
Rowland Evans, ' Sept. 3, 1776
Joseph Redman, Sr. , ' Mar. 28, 1777
Isaac Howell, ' Mar. 28, 1777
George Henry, ' Mar. 28, 1777
Plunket Fleeson, ' Mar. 28, 1777
Andrew Knox, ' June 6, 1777
John Knowles, ' June 6, 1777
David Todd, " June 6, 1777
Zebulon Potts, " June 6, 1777
John Richards, " June 6, 1777
William McMullin, " July 20, 1777
Jonathan Bayard Smith, " July 6, 1778
David Kennedy, " Oct. 21, 1778
Henry Naglee, " Nov. 10, 1778
Joseph Cowperthwaite, Nov. 10, 1778
John Miller, " Dec. 16, 1778
Michael Croll, ' Dec. 16, 1778
William Adcock, June 5, 1779
Samuel Morris, Jr., ' June 5, 1779
William Rush, ' May 7, 1779
John Howell, June 7, 1780
William Dean, July 12, 1783
Frederick Augustus Muhlenberg, ' Mar. 19, 1784
Samuel Wharton, May 12, 1784
William Masters, June 7, 1784
Manuel Eyre, " June 7, 1784
John Gill, June 23, 1784
Henry Sheetz, " June 24, 1784
Jonathan Penrose, Sept. 2, 1784
John Nice, " Jan. 15, 1785
Died August 31, 1785.
48
MARTIN'S BENCH AND BAR
James Longhead,
Joseph Wharton,
Edward Shippen,
William Pollard,
Dr. Enoch Edwards,
William Craig,
Matthew Holgate,
Lewis Weiss,
Alexander Tod,
Matthew Irwin,
Robert McKnight,
William Nichols,
Joseph Ferree,
Jacob Weaver,
Clement Biddle,
James Biddle,
commissioned
Feb'y 3, 1785
Mar. 18, 1785
Mar. 18, 1785
March 2, 1786
Mar. 18, 1786
Mar. 18, 1786
April 20, 1786
May 20, 1786
Feb'y 9, 1787
April 7, 1787
Sept. 12, 1787
Jan'y 10, 1788
Mar. 31, 1788
April 3, 1788
Sept. 22, 1788
Nov. 25, 1788
The Constitution of 1790 abolished the County Courts, to take
effect September i, 1791.
The Court of Common Pleas,
FOR THE CITY AND COUNTY OF PHILADELPHIA.
The first sitting of this Court for the County of Philadelphia.
is said to have been on Oct. 24, 1683, which is probably correct.
The first mention I find made of Judges of the Court of Common
Pleas and Orphans' Court, is in the Act of Assembly of Sept. 29,
1759. See " Big" Peter Miller's edition of the Laws of Penn-
sylvania, from 1700 to 1759, printed in 1762, 2 vol., 116. The
Act is entitled "A Supplement to an Act for establishing Courts of
Judicature in this Province," and provides "that five persons of the
best discretion, capacity, judgment and integrity," maybe, and no
more, appointed and commissioned to hold the County Court of
Record, styled and called " The Court of Common Pleas," in
each county ; any three to hold a court ; and by the 2nd section
they are authorized to hold the Orphans' Court. Justices of the
Quarter Sessions not to be Judges of the Common Pleas. The
Judges of the Court of Common Pleas and Orphans' Court in
Philadelphia, appointed under this Act, were Thomas Yorkr.
Rowland Evans, John Potts, Samuel Wharton and John Hughes.
The Act was repealed by the Privy Council, Sept. 2, 1760, and
on Feb. 28, 1761, (8 C. J?.'), 575, writs of supersedeas were issued
to the above named Judges, forbidding them exercising the po\\ (.-!->
granted under their commissions from Governor Denny.
By the repeal of the Act of Sept. 29, 1759, the Justices of the
Peace, commissioned as Justices of the County Courts, held the
Common Pleas, Quarter Sessions and Orphans' Court until Sept.
i, 1791. The Act does not mention the presiding Justices, and
OF PHILADELPHIA. 49
I have not been able to find any law conferring that dignity pre-
vious to the passage of the Act of Jan. 28, 1777, but as I have
before stated in this work, I believe there has always been a
presiding Justice, being the Prior Justice on each commission.
By the Act of April 13, 1791, in order to render effectual the
provisions of the Constitution of 1790, establishing Courts of
Common Pleas, the State was divided into five Districts, the City
and County of Philadelphia, Bucks, Montgomery and Delaware
constituting the first District, and a President Judge learned in
the law was to be appointed for each district, and not fewer
than three, nor more than four other persons, appointed in each
county as Judges, which said Presidents and Judges were empow-
ered to execute the powers, jurisdictions, and authorities of Judges
of the Court of Common Pleas, Justices of the Courts of Oyer and
Terminer and General Gaol Delivery, Judges of the Orphans'
Courts and of the Registers' Court and Justices of the Courts of
Quarter Sessions of the Peace agreeably to the laws and Constitution.
I have attempted, in vain, to obtain an account and description of
the forms and ceremonies observed previous to the Revolution, in
opening the terms of our courts, which was done in the most formal
manner, and with forms and ceremonies unknown to the present
race of lawyers. The portraits of Chief Justice Logan represent
him in wig, band and gown; no doubt that before 1776, the
courts observed all the forms then in force in England, and the
Judges wore the costume prescribed therein.
I give here a copy of the precipe to the Sheriff for holding the
Oyer and Terminer for October Term, 1853 ; the form is an old
one and no doubt came into use under the Constitution of 1790.
It was altered from an older printed writ of 1840.
" THE COMMONWEALTH OF PENNSYLVANIA,
To the Sheriff of Philadelphia County.
GREETING: We command you that you cause to come before the Honora-
ble Oswald Thompson, President of our Court of Common Pleas of the first
Judicial District of the said Commonwealth, consisting of the City and County
of Philadelphia, and by virtue of his office Justice of the Court of Oyer and
Terminer and General Jail Delivery in and for the said City and County,
Joseph Allison and William D. Kelley, Esqs., Judges of the Court of Common
Pleas of the County of Philadelphia, and by virtue of their offices Justices of
the Court of Oyer and Terminer and General Jail Delivery for the County of
Philadelphia, assigned, commissioned, and appointed to hear, try, and determine
all, and all manner of indictments and presentments made and taken for and
concerning Treason, Murder and such other Crimes, as by the laws of said
Commonwealth are made capital or felonies of Death, and all other crimes,
injuries and offences, whatever, which are or shall be committed, perpetrated,
or have happened within the said City and County of Philadelphia, of all
persons who are or shall be hereafter committed for the crimes aforesaid, or
any two of the said Justices, at the County Court-House in the City of Phila-
delphia, in the County of Philadelphia, on Monday, the third day of October,
1853, next ensuing, all those prisoners in the Gaol of the said County of Phila-
delphia, being by you kept in custody, together with their attachments, pre-
50 MARTIN'S BENCH AND BAR
sentments, inquisitions, re-attachments, and all other miniments in any way
concerning the said premises, and all other adminicles in any manner touching
the delivery of the Gaol aforesaid being and remaining in your hands and
power. And that you cause to come before the said Justices, or any two of
them, at the day and place aforesaid, TWENTY-FOUR honest and lawful men
of your Bailiwick, by whom the truth of the matter may be better known and
inquired of, and who have no affinity, alliance, or kindred to the said prisoners,
together with a number of the chief men of your Bailiwick, whom you shall
cause to come before the said Justices as aforesaid, on the third day of October,
1853, at the place aforesaid, Sixty in number, to serve as Petit Jurors for not
less than three weeks, and Sixty more on the twenty-fourth day of October
(1853) next ensuing, to serve until the end of the term of said court, to do
those things which on behalf of the said Commonwealth shall be then and
there enjoined upon them publicly. Also cause to be proclaimed throughout
your Bailiwick, that all they who will prosecute against those prisoners. In-
then and there to prosecute against them, as shall be just. Give notice also to
all Justices of the Peace, Aldermen, Coroner and Constables within your
Bailiwick, and to the Mayor, Recorder and Aldermen of the City of Philadel-
phia, and the Mayor and Aldermen of the Incorporated Districts of the Northern
Liberties, Spring Garden and Kensington, that they be then and there in their
proper persons, with their rolls, records and inquisitions, and examinations,
and all other remembrances, to do those things which to their offices in that
behalf appertain to be done. And as you yourself, your under Sheriffs, together
with your Bailiffs and other ministers, to be then and there in your proper
persons to do those things which to you and their offices appertain to be done.
And have then and there the names, surnames and additions, and places of
abode of said Jurors, and the names of the Aldermen and Justices of the Peace
of the County of Philadelphia aforesaid, and the names of the Mayor, Recorder
and Aldermen of the said city, and the names of the Mayor and Aldermen of
the Incorporated Districts of the Northern Liberties, Spring Garden and Ken
sington, and the Coroner of the said County of Philadelphia, and of the Con-
stables of the said City and County of Philadelphia, and of those you shall so
cause to come, and by whom you shall so cause to be made known this precept.
Dated at Philadelphia this twenty-fourth day of August, in the year of our
Lord one thousand eight hundred and fifty-three.
OSWALD THOMPSON, [i.. s.]
\V.\i. D. KELLEY, [L. s.]
Jos. ALLISON, [L. s.]
Endorsed Oyer and Terminer Precipe. October Term, 1853.
PRESIDING JUSTICES.
Nicholas More, commissioned Jan. 2, 1682-3
William Welch, " 29, 31110., 1684
William Clarke, " 19, 6 mo., 1684
James Claypoole, " 6, 9 mo., 1685
Christopher Taylor, " 17, 3 mo., 1686
William Clarke, " 2, 8 mo., 1686
John Eckley, " 18,3 mo. ,1687
William Markham, " 12, nth, 1688
Thomas Lloyd, " 2, 11 mo., 1689
William Markham, 1 4, 9 mo., 1690
'On the 4th of gth mo., 1690, William Markham, Thomas Ellis, John
Goodson and Samuel Jenings, were commissioned "Justices of the Quorum,"
for the Court of Common Pleas of Philadelphia, three to be a quorum.
OF PHILADELPHIA. 51
William Salway, commissioned May 5, 1693
Anthony Morris, 1 " May 29, 1693
Edward Shippen, Feb. 12, 1697-8
John Guest, " 2, 7 mo., 1701
Joseph Grovvden, -, n mo., 1706
Richard Hill, " June 4, 1715
James Logan, " Sept. 2, 1723
Isaac Norris, 2 " Sept. 21,1726
Clement Plumsted, " June 3, 1735
Thomas Lawrence, 3 May 27, 1745
Robert Strettell, April 26, 1754 .
William Coleman, " Nov. 27, 1757
Alexander Stedman, 4 " Dec. 9, 1758
Thomas Yorke, 5 " Oct. 20, 1759
Alexander Stedman, " Feb. 28, 1761
William Plumsted, " Mar. 21, 1764
1 1 have seen a Writ signed by him on May 20, 1698, in the office of his
descendant, P. Pemberton Morris, of the Philadelphia Bar. Anthony Morris
was probably the presiding Justice of the Common Pleas from May 29, 1693,
until Edward Shippen appears at the head of the Commission ; I C. JK., 498,
but as the Writ signed by Morris bears date more than three months afterwards,
it may be that Shippen presided only in the Quarter Sessions. The Writ
signed by Anthony Morris, before referred to, is in the plain language of
Friends, and is as follows :
" PHILADELPHIA, Ss. f THESE are by the King's authority in the Proprietor's name to re-
ISEAL J ( quire thee to ATTACH Francis Jones, Merch't, by all his goods
and chattels in thy Bailwick, so that hee may be and appear at the next Court to be held
at Philadelphia the Seventh day of the Fourth Month next, as well to answer the complaint
of James Stanfield, Merch't, as well to stand to and abide the Judgment of the said Court,
and make returns hereof to said Court. Given under my hand and Seal the 2oth Day of the
3rd Month, 1698.
ANTHO. MORRIS.
To the Sheriff of the County of Philadelphia, or his Lawful Deputy.
2 Isaac Norris died June 3, 1735, and Clement Plumsted became the Pre-
siding Justice. See Record of Commissions, 1733.
3 Thomas Lawrence died April 22, 1754, and was succeeded by Robert
Strettell, who stood next in the Commission to Lawrence on his decease. See
Orphans' Court Dockets from June 5, 1754, to June 2O, 1757, from which he
appears to have been the Presiding Justice.
4 Stedman was in office at this date (see Orphans' Court Docket), and is
spoken of as President of the Court of Common Pleas ; (8 C. R., 339), on June
2, 1759-
On February 28, 1761, five Writs of Supersedeas were issued to Thomas
Yorke, Rowland Evans, John Potts, Samuel Wharton and John Hughes, late
Judges of the Common Pleas, forbidding them exercising the powers granted
them by Governor Denny; 8 C. Jf., 575. They were commissioned Oct. 20,
1759, and in the Record of Commissions Samuel Wharton's name heads the
list as first Judge, but I have followed the Colonial Records, as Samuel Whar-
ton not having been in commission before as a Justice, is not likely to have
been first Judge, although he was a prominent man in his day, a writer of some
eminence, aud devoted to the Proprietary's interest. The Orphans' Court
Docket on Dec. 8, 1759, shows that Thomas Yorke was the Senior Judge.
MARTIN'S BENCH AND BAR
Septimus Robinson, 1
Samuel Ashmead,
Isaac Jones,
Samuel Ashmead, 2
Benjamin Franklin, 3
James Young,
Samuel Ashmead,
John Ord,
Plunket Fleeson,
Edward Shippen,
Dr. Enoch Edwards, 4
commissioned
Aug. 14,
Jan. i 6,
June 4,
April 27,
Sept. 3,
Mar. 28,
June 6.
Dec. 26,
Nov. 1 8,
May i,
Aug. 14,
1765
1767
1770
1772
1776
1777
1777
1778
1780*
1784
1789
James Biddle,
John D. Coxe,
William Tilghman,
Jacob Rush,
John Hallowell,
Edward King, 5
Oswald Thompson, 6
PRESIDENT JUDGES.
commissioned
Sept. i,
June 19,
July i,
June i,
Jan. 19,
April 22,
Dec. i,
1791
1797
1805
1806
1820
1825
1851
1 Robinson died January 8, 1767.
2 Ashmead succeeded Jones at this date in the Common Pleas. See Record
of Commissions at Harrisburg, wherein he and the other Justices are referred
to as "Samuel Ashmead and Associates of the Common Pleas." In Aitketf >
Register of 1774, Samuel Ashmead is given as the " President" of the Justice*-
of the Common Pleas and Quarter Sessions. Isaac Jones appears to have tiled
or resigned after Sept. 6, 1773, and if there is an error in the endorsement or
note to the Record of Commissions even, Ashmead became President of the
Board of Justices of the Common Pleas at Jones' retirement, as the Register
shows. We have seen heretofore, that on Dec. 6, 1773, Samuel Mifflin became
" President of the Justices of the Quarter Sessions," as appears by the Docket
of that Court, wherein it will also be seen that Ashmead sits next to him in
rank among the Justices. In the Independent Gazetteer of March 29, 1794.
will be found a biographical notice of the death of Samuel Ashmead, who died
March 19, 1794, "aged above 84 years, long respectable as a magistrate, and
lately a Representative in the Legislature for Philadelphia County." He " died
in the Northern Liberties, and was interred on the 2ist in the Baptist burial
place."
It is doubtful whether Benjamin Franklin ever presided in any of the
Courts. The appointment of Justices by the Convention of July 15, 177*'. wa
an usurpation of power. See Minutes of the Convention, p. 73.
4 Died April 1802, aged 50 years.
5 Edward King died May 8, 1873, in his 8oth year. He was a powerful,
heavy built man, of a robust constitution. He was the great Judge of the Com-
mon Pleas. I have been told that much dissatisfaction was openly expressed
by many members of the Bar at his elevation to the Bench, but that the yreai
abilities he soon displayed astonished his friends and confounded his enemies.
''Oswald Thompson died Jan. 23, 1866, from overwork. He was an ac-
complished scholar, an able and a conscientious Judge, and a kind-hearted.
courteous gentleman.
OF PHILADELPHIA. 53
Joseph Allison, 1 commissioned Jan. 30, 1866
JUSTICES OF THE COMMON PLEAS.
The Justices whose names are given here I found specially
commissioned as Justices of the Common Pleas.
William Markham,
Thomas Ellis,
Dr. John Goodsonn,
Samuel Jenings,
Joseph Growden,
William Biles,
Samuel Darke,*
James Kirkbride,
Willoughby Warder,
Thomas Stevenson,
Jeremiah Langhorne,
Joseph Growden,
Samuel Finney,
George Roche,
Nathan Stanbury,
John Jones,
Edward Farmer,
Rowland Ellis,
Peter Bankson,
Joseph Pidgeon,
Richard Hill,
Isaac Norris,
James Logan,
Nathan Stanbury,
Edward Farmer,
Rowland Ellis, 3
Benjamin Vining,
Josiah Rolfe,
John Swift,
Samuel Carpenter,
Joseph Fisher,
Robert Jones,
Enoch Davis, 4
commissioned
"
4, 9 mo.,
4, 9 mo.,
4, 9 mo.,
4, 9 mo.,
, ii mo.,
, ii mo.,
, ii mo.,
, ii mo ,
-, ii mo.,
-, it mo.,
-, ii mo.
March 3,
March 3,
March 3,
March 3,
March 3,
March 3,
March 3,
March 3,
March 3,
June 4,
June 4,
June 4,
June 4,
June 4,
June 4,
June 4,
June 4,
June 4,
June 4,
June 4,
June 4,
Jan. 17,
1690
1690
1690
1690
1706
1706
1706
1706
1706
1706
1706
1707
1707
1707
1707
1707
1707
1707
1707
1707
1715
1715
1715
1715
1715
1715
1715
1715
1715
1715
1715
1715
1765
1 Joseph Allison was appointed by the Governor to fill the vacancy caused by
the death of Judge Thompson, and was sworn into office Feb. 5, 1866. On
October ii, 1866, he was elected President Judge.
2 From signature in Archives of the Historical Society.
;l Died 7th mo., 1729, aged 80.
' 9 C. R., 237.
8
54
MARTIN'S BENCH AN T D BAR
Samuel Ashmead, 1 commissioned
April 27, 1772
James Humphreys,
April 27, 1772
John Ord, "
April 27, 1772
Peter Miller, "
April 27, 1772
Matthew Clarkson, "
April 27, 1772
Henry Hill,
April 27, 1772
Samuel Powel, "
April 27, 1772
Jonathan Bayard Smith, "
July 6, 1778
Henry Scheetz, resigned "
March 31, 1784
John Dickinson, "
May i, 1784
Samuel Wharton, "
May 10, 1784^.
Plunket Fleeson, "
June 24, 1 784^
Jonathan Penrose, "
Sept. 2, 1784
Charles Biddle,
Jan'y 26, 1786
Matthew Holgate, "
May 6, 1786
John Gill,
May 26, 1786
Lewis Weiss,
May 26, 1786
William Rush, 2
May 26, 1786
Charles Biddle, "
Jan'y 19, 1787
Isaac Howell, "
Jan'y 19, 1787
Alexander Tod,
Feb. 9 , 1787
Matthew Irwin, "
April 7, 1787
Robert McKnight, '
Sept. 12, 1787
William Nichols,
Jan'y 10, 1788
Joseph Ferree, "
March 31, 1788
Jacob Weaver, "
April 3, 1788
Joseph Wharton, "
May 9, 1788
William Masters, 8 "
May 9, 1788
William Coats,
Aug. 26, 1788
William Craig, "
Aug. 29, 1788
Clement Biddle, "
Sept. 23, 1788
James Biddle, "
Nov. 25, 1788
ASSOCIATE JUDGES OF THE COMMON PLEAS.
Thomas Yorke, commissioned
Oct. 20, 1759
Rowland Evans, "
Oct. 20, 1759
John Potts, "
Oct. 20, 1759
Samuel Wharton,
Oct. 20, 1759
John Hughes,
Oct. 20, 1759
Dr. Enoch Edwards,
Aug. 17, 1791
Jonathan Bayard Smith,
Sept. 23, 1791
William Robinson, Jr.,
Sept. 23, 1791
1 Commissioned as Samuel Ashmead and Associates of the Common Pleas.
Humphreys, Ord, Miller and Clarkson were Notaries Public, and were commis
sioned Justices of the Peace and of the Court, to assist them in their business;
10 C. Jf., 46.
'Died Nov. 30, 1791, aged 74. 3 Died Aug. 5, 1788, aged 53.
OF PHILADELPHIA.
55
Isaac Howell, commissioned July 6, 1793
Thomas L. Moore, July 6, 1793
Joseph Redman, " Nov. n, 1793
Reynold Keen, May 8, 1794
Jonathan Williams, 1 J an 'y 5? 1 T9^
William Coats, June 20, 1799
Edward W. Heston, 2 Dec. 10, 1799
David Jackson, Sept. 2, 1800
John Inskeep, " May 21, 1802
Frederick Wolbert, " May 22, 1802
Jacob Franklin Heston, May i, 1805
James Sharswood, declined " Nov. 7, 1809
John Geyer, " March i, 1809
John Conrad, " Dec. 15, 1809
William Moulder, " Aug. 2, 1813
Samuel Badger, " April 5, 1814
Thomas Armstrong, " April 8, 1817
George W. Morgan, Nov. 2, 1818
George Morton, 3 " Jan. n, 1819
Edward Duffield Ingraham, " March 3, 1819
Hugh Ferguson, 4 " March 29, 1819
Jonathan T. Knight, 5 " June 19, 1828
Dr. Joel B. Sutherland, " March 4, 1833
Archibald Randall, " Jan. 23, 1834
Roberts Vaux, 6 Oct. 30, 1835
John Richter Jones, " March 12, 1836
James Campbell, " April 2, 1842
Anson V. Parsons, 7 Feb. 8, 1843
William D. Kelley, ." Mar. 13, 1847
Joseph Allison, 8 " Nov. 7, 1851
Robert T. Conrad, " Nov. 30, 1856
James R. Ludlow, 9 Nov. 24, 1857
William S. Peirce, 10 " Feb'y 3, 1866
Frederick Carroll Brewster, " Nov. 15, 1866
Edward M. Paxson," " Oct. 26, 1869
Thomas K. Finletter, Oct. n, 1870
'Died May 18, 1815.
- Lt. Col. Edward W. Heston, an officer of the Revolutionary Army, died
Feb. 14, 1824, aged 78 years.
'Died June 7, 1828. * Died Jan. 29, 1835, aged 86. 5 Died, 1858, aged 67.
6 Died Jan. 8, 1836. He was the last of the "lay" Judges of the Common
Pleas in Philadelphia.
I Died Sept. 23, 1882, aged 83.
* Elected and sworn in, Dec. 5, 1851. By an amendment to the Constitu
lion in 1850, the Judges were made elective.
9 Judge Ludlow was re-elected for 10 years on October 12, 1867.
10 Elected for 10 years, Oct. II, 1866.
II Appointed, then elected Oct. II, 1870, for ten years.
o6 M AUXIN'S BKNCH AND
The dates to March 3, 1819, were taken from the Orphans'
Court Dockets, and are the dates the Judges first sat in that
Court. The old Minutes of the Common Pleas contain no in-
formation. The remaining dates are those of commissions, ele-
tion or transfer.
The Courts of Common Pleas,
UNDER THE CONSTITUTION OF 1873.
By the Constitution of 1873 ^ was provided that on and after
the first Monday of January, 1875, ^ e tnen existing Court of
Common Pleas and District Court, should be abolished, and all
their powers and jurisdiction should be vested in four new Courts
of equal and co-ordinate jurisdiction, to be composed of three
judges each, and to be called the Courts of Common Pleas, No.
i, No. 2, No. 3 and No. 4, respectively. By the Schedule to the
Constitution, the Judges of the District Court and the old Com-
mon Pleas, then in commission, were transferred to the new
Courts, and provision made for the election of two additional
new Judges, to complete the requisite number.
Court of Common Pleas, No, i.
PRESIDENT.
Joseph Allison, 1 transferred Jan'y 4, 1875
ASSOCIATE JUDGES.
William S. Peirce,* transferred Jan'y 4, 1875
Edward M. Paxson,* J an 'y 4> I ^75
Craig Biddle,* appointed Jan'y 12, 1875
Court of Common Pleas, No. 2.
PRESIDENT.
John Innis Clark Hare, 5 transferred Jan'y 4, 1875
ASSOCIATE JUDGES.
James T. Mitchell, 6 transferred Jan'y 4, 1875
Joseph T. Pratt, 7 elected Nov. 3, 1874
D. Newlin Fell," appointed May 3, 1877
1 Re-elected for 10 years, Nov. 7, 1876.
2 Transferred from the old Common Pleas. Re-elected for loyeui Nov. 7,
" Transferred by the schedule to the Constitution from the old Common Pleas.
He never, however, sat in the new Court, as he was in the meantime elected to
the Supreme Court, where he took his seat Jan. 4, 1875.
4 Appointed to fill the place of Paxson, elected to the Supreme Court. Elected
for 10 years, Nov. 2, 1875.
5 Transferred from the District Court, of which he was then President, kr
elected for 10 years, Nov. 5, 1878.
6 Transferred from the District Court. Re-elected for 10 years, Nov. 8, 1881 .
7 Died March 26, 1877.
8 Appointed in place of Pratt, deceased. Elected for 10 years, Nov. 10, 1877.
OF PHILADELPHIA. 57
Court of Common Pleas, , No. 3.
PRESIDENT.
James R. Ludlow, 1 transferred Jan'y 4, 1875
ASSOCIATE JUDGES.
James Lynd, 2 transferred Jan'y 4, 1875
Thomas K. Finletter, 3 " J an 'y 4> 1875
William H. Yerkes, 4 appointed July i, 1876
Court of Common Pleas, No. 4.
PRESIDENT.
M. Russell Thayer, 5 transferred Jan'y 5, ,1875
ASSOCIATE JUDGES.
Amos Briggs, 6 transferred Jan'y 5, 1875
Thomas R. Elcock, 7 elected Nov. 3, 1874
Michael Arnold, 8 " Nov. 7, 1882
Prothonotaries of the Court of Common Pleas,
PHILADELPHIA .
John Southern, i C.R., 145 date unknown.
Patrick Robinson, in office 3 mo. 16, 1685
David Lloyd, commissioned 2, 8 mo., 1686
James Claypoole, tf 12 28, 1688-9
John Claypoole, 10 in office July 6, 1697
1 Transferred from the old Common Pleas, of which he was then the senior
Associate. Re-elected for 10 years, Nov. 10, 1877.
2 Transferred from the District Court. Died June 30, 1876.
:! Transferred from old Common Pleas. Re-elected for 10 years, Nov. 2, 1880.
1 Appointed in place of Lynd, deceased. Elected for 10 years, Nov. 7, 1876.
5 Transferred from the District Court, of which he was then the senior Asso-
ciate. Re-elected for 10 years, Nov. 5, 1878.
fi Transferred from the District Court. ^
7 Judges Pratt and Elcock were elected " Judges" without designation of any
Court, and in accordance with section 1 8 of the Schedule to the Constitution,
drew lots for their assignments to the vacant positions in Courts No. 2 and No.
4. Though elected in November, 1874, their terms did not commence until
Jan. 5, 1875.
* Elected in place of fudge Briggs, whose term expired in December, 1882.
9 The offices usually annexed to that of Prothonolary were Clerk of the Or-
phans' Court, and Court of Quarter Sessions, and Justice of the Court of Com-
mon Pleas; 14 C. R., 377. And this rule existed until the Revolution. James
Claypoole died before the 3Oth of the 5th mo., 1690.
"'Fur John Claypoole, see I Pa. Arc., 125. Thomas Lloyd (i C. R., 214),
claimed that the offices of Keeper of the Seal, Master of Rolls, Clarke of the
Peace, and Clerk of the Justices of the County, were his by Patent, and on the
1st of i mo., 1689, appointed David Lloyd his Deputy, which course the Coun-
cil held was a high usurpation of the Governor's authority.
58 MARTIN'S BENCH AND BAR
Robert Assheton, 1 appointed Oct. 25, 170;
Andrew Hamilton, commissioned June 5, 1727
James Hamilton, Dec. 28, 1733
Thomas Hopkinson, Nov. 24, 1748
James Read, May i, 1752
James Hamilton, 2 , 1754
George Campbell, declined Mar. 25, 1777
Jonathan Bayard Smith, 3 commissioned April 4, 1777
James Biddle, " Nov. 13, 1788
Charles Biddle, 4 " , , 1791
Frederick Wolbert, " J an 'y 30, 1809
John Porter, April 25, 1811
Joseph B. Norbury, Dec. 24, 1817
Matthew Randall, " Mar. 17, 1821
Richard Palmer, 5 " Feb. 22, 1830
Robert Morris, " Mar. 24, 1836
William O. Kline, " Feb. 9, 1839
Samuel Hart, 5 " Nov. 14, 1839
Richard Palmer, Jr., 6 " Dec. i, 1842
John Smith, " Oct. 20, 1845
1 Robert Assheton said, Sept. 15, 1726, that he had been for about 26 years
Clerk and Prothonotary of Philadelphia. He died June 5, 1727, having been
appointed Town Clerk and Clerk of the Peace and Clerk of the Court, or
Courts, by the City Charter of Oct. 25, 1701.
1 Andrew Hamilton died in 1741. James Hamilton was still in office Jan.
3> '775- In the year 1760, Samuel Wharton was his Deputy. In 1770-1
fames Biddle was his Deputy. See 4 Pa. Archives, 600.
'Jonathan Bayard Smith, died June 16, 1812, aged 70 years; born Feb. 21.
1742. He was a son of Samuel Smith, of Portsmouth, New Hampshire, and
removed to Philadelphia before the Revolutionary War. Samuel Smith, hU
father, had three sons, Thomas, Jonathan and William. Thomas married a
sister of the late Judge Richard Peters. Jonathan married Susannah, daughter
of Col. Peter Bayard, of Maryland. After his marriage he introduced the name
of Bayard as one of his Christian names. William was the father of the late
Samuel F. Smith, President of the Philadelphia Bank. So says Richard II.
Bayard, May 7, 1858.
4 The Certificate of Admission of my grandfather, Dr. William Martin, of
Chester, Pa., to the Philadelphia Bar, bears date March 24, 1794, and is signed
by Charles Biddle, Prothonotary of the Court of Common Pleas. He \va> .1
sea captain, and died April 4, 1821, aged 76 years. He was appointed Pro
thunotary of C. P., in 1791, and re -appointed in 1800.
5 Richard Palmer, died May 20, 1850, aged over 70 years, ex-Alderman of
Southwark.
By the 1st Section of the Act of July 2, 1839, P. L., 559, &c., the Pro-
thonotaries of the District Court and Court of Common Pleas, the Clerks of the
Oyer and Terminer, Quarter Sessions and Orphans' Court, the Recorder of
Deeds and the Register of Wills, were elected at the general election, on the
second Tuesday of October, 1839, for a term of three years from the ist of
December in same year, and made elective thereafter at the next election
after the occurrence of any vacancy; such vacancy to be filled in the meantime
by appointment of the Governor.
OP PHILADELPHIA. 59
Anthony Wayne Olwine, 1
commissioned
Nov.
2 5>
1848
James Vinyard,
u
May
1 6,
1850
George Carpenter,
U
Dec.
i,
1850
James G. Gibson,
Oct.
8,
i853
Edward G. Webb,
I (
Nov.
10,
1856
Charles D. Knight,
((
Nov.
10,
i859
Frederick G. Wolbert,
i i
Nov.
17,
1862
Albert W. Fletcher,
u
Dec.
7,
1868
Richard Donagan,' 2
"
Nov.
16,
1869
John Alexander Loughridge, 3
(I
Dec.
ii
1871
William B. R. Selby,
"
Dec.
2;
1872
William B. Mann, 4
appointed
Dec.
6,
1875
The City Court of Philadelphia.
(See City Charter; and Proud, Part I, Appendix, p 49.)
PRESIDING JUDGES THE RECORDERS.
1701 to 1788.
Thomas Story, The Recorder Oct. 25, 1701
David Lloyd, " , 1702
Robert Assheton, 5 " Aug. 3, 1708
Andrew Hamilton, 6 June 12, 1727
William Allen, Aug. 7, 1741
Tench Francis, " Oct. 2, 1750
Benjamin Chew, Aug. 29, 1755
Andrew Allen, 7 " June 25, 1774
1 Olwine died May 6, 1850, aged 52 years.
2 Donagan contested Fletcher's election successfully.
3 Died Aug. 3, 1881, aged 43.
4 By the Constitution of 1873, the Prothonotary is appointed by the Judges of
the Court; salary, $10,000 per annum. The only Clerks of the C. P. that 1
can now recall, are Christian Frederick Erichson, in 1858. and for several
years afterwards. Thomas O. Webb, Chief Clerk of the Common Pleas,
under his father, in 1856, and until his death in 1868. George T. Deiss,
who succeeded him in that position, and was continued until the re-organization
of the Courts in 1875, when he was made Court Clerk of the C. P., No. i,
which position he still fills. The present Court Clerk of Court No. 2, is Thomas
B. Reeves; of No. 3, James I'enn MacCain; and of No. 4, Charles H. White.
The affable manners of these gentlemen render them great favorites with
the Bar.
5 Assheton was elected in the place of Edward Shippen, who declined.
6 Andrew Hamilton, the Recorder, died in August, 1741, and must not be
confounded with Andrew Hamilton, appointed Clerk of this Court and Town
Clerk, Feb. 24, 1745. See Minutes of (he Common Council, 452-56. An-
drew (Jr.) and James Hamilton were sons of the Recorder, who was formerly
Attorney General of the Province. Andrew, Jr., died 1747.
7 See Minutes of Common Council, p. 795. Andrew Allen was declared a
traitor about 1778, and his estates sold April 12, 1779. See II C. R., 745.
00 MARTIN'S BKNTII AND I>.\u
James Young, President June n, 1777
Plunket Fleeson, 1 J an> V 30, 1782
Associate Justices of the City Court.
The Aldermen of the City.' 1
1701 - . Joshua Carpenter, Anthony Morris, Griffith
Jones, Joseph Wilcox, Nathan Stanbury,
Charles Read, Thomas Masters and William
Carter.
1704 . Edward Shippen, John Jones and Thomas Story.
1705 Oct. 2. Samuel Richardson.
1708 Oct. 5. George Roche, Richard Hill, Samuel Preston
and Isaac Norris.
1711 Oct. 2. Jonathan Dickinson.
1713 Oct. 6. Joseph Growden and Pentecost Teague.
1715 Oct. 14. William Hudson, Abraham Bickley and Joseph
Redman.
1717 Oct. i. James Logan.
1718 Oct. 7. Thomas Griffith 3 and William Fishbourne.
1720 Mar. 4. William Trenfrf
1720 Oct. 4. Clement Plumsted and Israel Pemberton.
1722 Oct. 2. Benjamin Vining, Charles Read, Jr. , and Thomas
Griffitts. 3
1724 Oct. 6. Thomas Lawrence and Evan Owen.
1727 Oct. 3. Edward Roberts.
1729 Oct. 7. Samuel Hasell, George Claypoole, John Jones'
and George Fitzwater. f
1730 Oct. 6. William Allen and Isaac Norris, Jr.
1733 Oct. 2. Anthony Morris, Jr.
1741 Oct. 6. Joseph Turner, William Till, Tames Hamilton
and Benjamin Shoemaker./
1 By Act of March 21, 1777, the Supreme Executive Council were authori/ol
to appoint five Judges to hold the " ClTY COURT," and for other purposes.
Fleeson was appointed by the Supreme Executive Council, to hold office during
pleasure; 13 C. A'., 181. He died in 1791.
2 Re-appointments are not noticed in the list. See 2 Proud, Appendix, part
I, page 47, and the Minutes of the Common Council therefor. There is no
way of determining the length of service of these judges of the City Court, hut
the great majority held the office till their death, or until the Court was abol-
ished, in 1789.
8 Different persons. See Minutes of Common Council, during the ycar>
1722-26, when both were present at the sitting of Council at different times.
Alderman Thos. Griffith's name last appears on the Minutes of Council April
27, 1/27, while Thos. Griffitts was elected Mayor in 1729-37. See also Orphans'
Court Docket, No. i, March 4, 1729-30.
4 Elected to Council in 1712, as John Jones Boiler, but it should be |ohn
Jones (Bolteri.
OF PHILADELPHIA. 61
1743 Oct. 4. William Atwood, Abram Taylor, Samuel Powel.
Jr., and Edward Shippen. /
1747 Oct. 6. Joshua Maddox, Charles Willing and William
Plumsted.
1748 Oct. 4. Robert Strettell and Septimus Robinson.
1751 Oct. i. Benjamin Franklin and John Mifflin.
1 755 Oct. 7. John Stamper, Atwood Shute and John Lawrence,
Jr., who died January, 1775.
1756 Oct. 5. Alexander Stedman and Samuel Mifflin.
1757 Oct. 4. John Wilcocks, Jacob Duche and William Coxe.
1759 Oct. 2. Thomas Willing and Daniel Benezet.
1761 Oct. 6. Henry Harrison and Samuel Rhoad*^
1764 Oct. 2. Isaac Jones and John Lawrence.
1766 Oct. 7. Amos StretteH and Samuel Snoemaker.
1767 Oct. 6. John Gibson.
1770 Oct. 2. James Allen, Joshua Howell and William Fisher.
1774 Oct. 4. Samuel Powel and George Clyirfier.
1777 June 1 1. ii C. J?., 220. To be Judges of the City Court.
James Young, John Ord, Plunket Fleeson,
Isaac Howell and Philip Boehm, who re-
signed Sept. 30, 1778.
1779 Jan. 15. ii C.R.,66"]. Benjamin Paschall and on Oct.
27, John Miller. 12 C. R., 150.
1782 Jan. 31. 13 C. R., 181. William Rush. Appointed in
place of John Ord, deceased. ,
CLERKS OF THE CITY COURT.
Robert Assheton,
by the Charter
Oct. 25, 1701
Ralph Assheton, 1
by the Council
Aug. 10, 1716
Andrew Hamilton
Tr "
> j 1 - >
Feb'y 24, 1745
William Coleman,
ti
Sept. 1 8, 1747
Edward Shippen,
Jr.,
May 27, 1758
John Haley,
June ii, 1777
William Nichols,
14 C.R., 667
Mar. 24, 1786
The Act of March n, 1789 abolished this Court.
The Court of Equity.
Formed by Proclamation Aug. IO, 1720.
Abolished by Resolution of 27, II mo., 1735-6.
The History of the Court of Chancery in Pennsylvania,' is
rather curious. The Assembly has nearly always been violently
opposed to the formation of a Court with exclusive Equity powers.
In the earliest days of the Province, after it came under the juris-
1 Robert Assheton's son; appointment " To take effect Nov. 3Oth, next, when
he comes of age." See Minutes of Common Council.
9
62 MARTIN'S BENCH AND BAR
diction of Penn, he and his Council exercised Chancery powers
in cases brought before them. Thus our earliest Courts began to
exercise a blended jurisdiction in Equity as well as Law, and to
all intents and purposes exercised the authority of Chancery
Courts. 1 The subject became an important one very early, be-
cause the Governors under the Proprietaries claimed the powers
of Chancellors, and the entire period of our Colonial history is
marked by frequent disputes on questions of prerogative between
the Governors and the Assembly.
Sir William Keith, who was Governor from 1717 to 1726, ob-
tained from the Assembly an Act establishing a Court of Equity,
the Governors being the Chancellors. This was our first and
only " Court of Chancery" in Pennsylvania. It existed fifteen
years, and was abolished in 1736. As our Courts possess Equity
powers, there is now no need for a Court with exclusive Equity
jurisdiction. Mr. William Henry Rawle's lecture on " Equity in
Pennsylvania," published with a copy of the Register's Docket,
fully elucidates the subject, and gives a history of Keith's Court
of Chancery.
The Proclamation
ESTABLISHING THE COURT OF EQUITY.
" By Sir William Keith, Esq'r, Governor of the Province of
Pennsilvania & Counties of New Castle, Kent & Sussex upon
Delaware.
" A PROCLAMATION. Whereas complaints have been made That Courts <>!
Chancery or Equity are absolutely necessary in the administration of Justice,
for mitigating in many Cases the Rigour of y e Laws, whose Judgments are tied
down to fixed and unalterable Rules and for Opening a way to the Right and
Equity of a Cause for which the Law cannot in all cases make a Sufficient
Provision. Have notwithstanding been but toe seldom regularly held in this
Province in such a manner as y e Aggreived Subject might obtain y e Relief
which by such Courts ought to be Granted. And Whereas the Representatives
of y e Freemen of this Province taking the same into Consideration did at their
last meeting in Assembly request me that I would with y e Assistance of
y e Council Open and hold such a Court of Equity for this Province. To
y e end therefore thai his Majesties good Subjects may no longer Labour under
those inconveniences which are now Complained of I have thought fitt by \
with y* advice of the Council hereby to Publish and Declare That with their
assistance I Purpose (God Willing) to open and hold a Court of Chancery or
Equity for this Province of Pensilvania at y e Court House of Philadelphia on
? " The first court under the name of a Court of Equity for Chester County,
was held this year (1686). It was held by the Justices of the Common Pleas,
under the title of Commissioners, as will be seen by the following extract from
the Record : ATT A COURT OF EQUITY held att Chester the 5th day of the
1st week of the loth month, 1686. Commissioners present: John Blunstone,
John Simcocke, George Maris, Bartholomew Coppock, Samuel Levis, Robert
Wade, Robert Pile. Robert Eyre, clerk. Only two cases were tried." See
Smith's History of Delaware County, 160-61.
OF PHILADELPHIA. 63
Thursday y e Twenty-fifth day of this instant, August. From which Date the
said Court will be and remain always Open for y e Relief of y e Subject to hear
and Determine all such matters arising within the Province afores'd as are
regularly Connizable before any Court of Chancery According to y e Laws and
Constitution of that part of Great Britain called England and his Majesties
Judges of his Supream Court as well as y e Justices of y e Inferior Courts and
all others whom it may concern are required to take notice hereof and govern
themselves Accordingly.
"Given at Philadelphia y e tenth day of August, in the Seventh year of
y e Reign of Our Sovereign Lord GEORGE King of Great Britain, France &
Ireland, Defender of the Faith &c. Annoq Domini 1720.
God Save the King !
WILLIAM KEITH."
(Recorded the 13 Aug't, 1720. A. 5. 403.)
CHANCELLORS.
Sir William Keith, Bart., Aug. 25, 1720
Patrick Gordon, Esq., 1 Feb. 2, 1726
REGISTERS.
Charles Brockden, appointed Aug. 25, 1720
Robert Charles, 2 resigned Sept. i, 1739
MASTERS.
1 720 James Logan, Jonathan Dickinson, Samuel Preston, Richard
Hill, Anthony Palmer and William Trent.
1721 Thomas Masters, Robert Assheton, William Assheton and
John French.
1724 Andrew Hamilton and Henry Brooke.
1725 William Fishbourne. Dr. Thomas Graeme, Evan Owen,
Ralph Assheton, Thomas Lawrence and Samuel Hasell.
1730 Clement Plumsted and Isaac Norris.
SOLICITORS.
1720 John Kinsey, James Parnell, Ralph Assheton, James
Alexander, Joseph Growden, Jr., James Graeme and Peter Evans.
EXAMINERS.
1725 Charles Osbourne and Dr. Patrick Baird.
'See 3 C. R., 266. He died at Philadelphia, August 5, 1736.
2 See Raivle's Equity, 52. In 9 Pa. Arc., 631, (2nd series,) "GEORGE
THOMAS" is mentioned as one of the Chancellors. The only act he performed
that I know of, in regard to the court, was as Governor on Sept. I, 1739* > n
accepting the resignation of Robert Charles as the " Registrar," and directing
him to " deliver up all the books, papers and writings in his custody to Thomas
Lawrie, the Secretary, to be by him kept till further orders." Upon the question
of the power of the Assembly to abolish the Court, see the Shippen Papers, 1-6.
64 MARTIN'S BENCH AND BAR
The High Court of Errors and Appeals.
ESTABLISHED BY ACT OF FEBRUARY 28, 1780.
ABOLISHED BY ACT OF FEBRUARY 24, 1806.
This Court was established by Act of Feb. 28, 1780, to hear
Appeals from the Supreme Court, the Register's Court and the
Court of Admiralty. The Judges were to be The President of
the Supreme Executive Council, the Judges of the Supreme Court,
and three persons of known integrity and ability, to be commis-
sioned for seven years ; any five or more to form a quorum.
By the Act of April 13, 1791, sect. 17, the Judges of the Su-
preme Court, the President Judges of the several Courts of Com-
mon Pleas of the five judicial districts, and three other persons of
known legal abilities, were constituted a High Court of Errors
and Appeals, to hear Appeals from the Supreme Court and the
Register's Court. Read's Digest, 70, article 23, sect. 17. In
this Digest will be found many Acts relating to the Courts, from
the Act of May 22, 1722, to 1800.
By an Act of Sept. 30, 1791, a President Judge was to be ap-
pointed by the Governor of the Commonwealth.
LlST OF JUDGES. 1
Joseph Reed, 2 commissioned Nov. 20, 1780
Thomas McKean, Nov. 20, 1780
Wm. Augustus Atlee, " Nov. 20, 1780
John Evans, " Nov. 20, 1780
George Bryan, " Nov. 20, 1780
James Smith, Nov. 20, 1780
Henry Wynkoop, " Nov. 20, 1780
Francis Hopkinson, Nov. 20, 1780
William Moore, 2 " Nov. 14, 1781
John Dickinson, 2 " Nov. 7, 1782
James Bayard, " Mar. 18, 1783
Samuel Miles, " April 7, 1783
Jacob Rush, Feb. 26, 1784
Edward Shippen, Sept. 16, 1784
Benjamin Franklin/ " Oct. 18, 1785
Thomas Mifflin, 1 " Nov. 5, 1788
William Bradford, Jr., Register.
1 Thomas McKean was the C. J. of the Supreme Court. Atlee, Evans,
Bryan, and Rush who was appointed in place of Evans, deceased, Associate
Justices. Hopkinson was the Judge of the Admiralty. James Smith, of York,
resigned May 10, 1781. Samuel Miles resigned April 4, 1784, and Edward
Shippen appointed in his stead. Henry Wynkoop, President Judge of Bucks
County, resigned June 27, 1789.
* President of the Supreme Executive Council.
OF PHILADELPHIA. 65
REORGANIZED UNDER ACT OF APRIL 13, 1791.
Benjamin Chew, President Sept. 30, 1791
Thomas McKean, appointed April 13, 1791
Edward Shippen, " April i^ 1791
Jasper Yeates, Aj>ril 13, 1791
William Bradford, 1 " Aug. 20, 1791
James Biddle, " Sept. i, 1791
William Augustus Atlee, " Sept. i, 1791
Jacob Rush, Sept. i, 1791
James Riddle, " Sept. i, 1791
Alexander Addison, " Sept. i, 1791
John Joseph Henry, Nov. , 1793
Thomas Smith, " Jan. 31, 1794
John D. Coxe, " April 6, 1797
Hugh Henry Brackenridge, " Dec. 18, 1799
William Tilghman, " July 31, 1805
Edward Burd, Register.
Orphans' Court for the City and County of
Philadelphia,
IN THE PROVINCE OF PENNSYLVANIA.
By the Act of March 27, 1713, establishing the Orphans'
Court, the Presiding Justices of this Court were those of the
Quarter Sessions, as the same Justices were to hold both Courts.
Previous to this the Court was held by the Justices of the County
Courts, Orphans' Courts having been constituted by the Act of
1683 to "sitt twice every year." But as the Dockets of the Or-
phans' Court are complete from April 9, 1719, to this date, I
have thought it proper to give the Presiding Justices from the
records, so far only as they show them. There is nothing, how-
ever, in the Minutes to indicate who was the Presiding Justice.
That knowledge I have derived from the long service of certain
Justices at the head of the list of Justices present at the sittings of
1 Wm. Bradford was commissioned an Associate Justice of the S. C., Aug.
20, 1791, in the place of Bryan. Atlee was commissioned President Judge of
the 2nd District, Aug. 17, 1791, to take effect on Sept. I. See the Act of
April 13, 1791. James Biddle became P. J. 1st District, Sept. I, 1791. Jacob
Rush, P. J., 3rd, ; James Riddle of the 4th ; Alexander Addison of the 5th,
and John Joseph Henry of the and, in Nov., 1793, in the place of Atlee, who
died on Sept. gth of that year. Thomas Smith was appointed an Associate
Justice in the place of Bradford, promoted to Attorney General of the United
States. Hugh Henry Brackenridge was appointed an Associate Justice vice
Shippen made Chief Justice in the place of McKean, elected Governor Dec,,
18, 1799. John D. Coxe, P. J. of the 1st District in the place of Biddle, and
William Tilghman, P. J. ist District in the place of Coxe. No "persons of
known legal abilities" were appointed to fill two, out of three, additional
positions mentioned in the Act.
66 MARTIN'S BENCH AND BAR
the Court, and from the Record of Commissions, &c. Previous
to Isaac Norris, in 1727, the records do not indicate a President ;
no particular Justice heads the list ; Robert Assheton generally
presided. Docket No. i opens " the gth April, 1719," with the
following Justices present : Jonathan Dickinson, Robert Assheton
and Clement Plumsted. After Sept. 23, 1727, the Justices whose
names I give below presided nearly all the time of their term of
service, and it will be perceived that in most cases they were the
prior or oldest Justices in the commission.
Jacob Duche, who is given on March 19, 1764, was not Presi-
dent of the Board of Justices by seniority, but presided until Dec.
8th. He was one of the most attentive Justices of the Court, and
presided very often at the sittings during his long term of service.
He was a merchant, and the father of the Rev. Mr. Duche, of
Revolutionary fame.
Isaac Jones presided almost continuously from June 27, 1768,
until Sept. 6, 1773. He never sat after that date, although I
have a citation issued by the O. C., on Sept. 14, 1773 : "Witness
Isaac Jones, Esquire. " * * " By the Court. Ja's Humphreys,
Clerk," showing, I think, that Jones was the President or Presid-
ing Justice at that time. The seal of the Court to the paper is
the Arms of William Penn, surrounded by the words, " Orphans'
Court, City & County Phila."
Samuel Mifflin presided after Sept. 13, 1773 ; he was, we know,
the President of the Quarter Sessions, from Dec. 6, 1773 to 1776.
Sometimes, however, Samuel Ashmead sat in the O. C. with him
and presided, and at other times Mifflin presided with Ashmead
as an Associate. Ashmead was the older Justice by commission,
and when Plumsted died in 1765, Ashmead succeeded him in the
O. C., although Septimus Robinson was next to Plumsted, but
Robinson never sat in this Court after March 21, 1757. He died
previous to Jan. 16, 1767. See Will Book O, 156. His will is
dated Jan. 4, 1767. From Aug. 14, 1765 to Sept. 6, 1766, Mr.
Duche generally presided ; after that Ashmead presided nearly
always till June 13, 1768. I discovered a singular error in the
Wills Index. William Plumsted is entered there as having died
in 1769, but in Will Book O, p. 335, his will is proved as of Aug.
20, 1765.
I noticed that whenever the Mayor of the city was present he
always presided, his name heading the list of Justices. On all
other occasions the order of seniority of Justices was rigidly ob-
served, erasures being even made in the Minutes to correct errors
in this respect, and I expect that in the few instances where the
Justices were not entered in proper order, it is an error on the
part of the Clerk.
The records show conclusively that out of each commission
a certain number of Justices were assigned to each County Court.
OF PHILADELPHIA.
67
To make this evident I give a carefully prepared list of all the
Justices who have sat in the Orphans' Court, from 1719 to 1791,
extracted from the Dockets, and, therefore, absolutely correct.
The date of the first sitting only given.
PRESIDING JUSTICES.
Isaac Norris, in office Sept. 23, 1727
Clement Plumsted, 1 June n, 1734
Thomas Lawrence, 2 " June 3, 1745
Robert Strettell, '' June 15, 1754
William Coleman, " Dec. 19, 1757
Joshua Maddox, 8 April 24, 1758
Alexander Stedman, " Dec. 9, 1758
Thomas Yorke, " Dec. 8, 1759
Alexander Stedman, " March 7, 1761
Jacob Duche, Mar. 19, 1764
William Plumsted, 4 Dec. 8, 1764
Samuel Ashmead, " Aug. 14, 1765
Isaac Jones, 5 " June 27, 1768
Samuel Mifflin, " Dec. 6, 1773
James Young, 6 July 25, 1777
John Ord, ' " Dec. 26, 1778
John Moore, Sept. 7, 1779
John Ord, 7 " Sept. 9, 1779
Plunket Fleeson, " Jan. 13, 1781
Edward Shippen, Oct. 25, 1785
Dr. Enoch Edwards, 8 " May 10, 1790
JUSTICES OF THE ORPHANS' COURT.
Jonathan Dickinson,
Robert Assheton,
Clement Plumsted,
John Swift,
James Logan,
Samuel Carpenter,
William Fishbourne,
Isaac Norris,
Anthony Palmer,
Edward Farmer,
Benjamin Vining,
in office
April 9, 1719
April 9, 1719
April 9, 1719
Aug. n, 1719
Aug. 17, 1719
Aug. 29, 1719
n, iobr., 1719
Dec. 12, 1719
Dec. 21, 1719
March, 6, 1720
April 29, 1721
1 Died May 26, 1745. -Died April 25, 1754, aged 64.
3 Died April 18, 1759, aged 74. 4 Died August 10, 1765, aged 58.
5 Died Oct. 18, 1773, aged 58. "President of the Common Pleas and
Quarter Sessions." 6 Died Jan. 28, 1779, aged 50.
7 Died Dec. 11, 1781, aged 63.
8 Will proved July 14, 1802. He never sat but twice; Plunket Fleeson
generally presided after the date of his first sitting in 1781.
68
MARTIN'S BENCH AND BAR
Robert Jones, in office June 9, 1721
Thomas Lawrence, June 16, 1724
John Cadwalader, June 16, 1724
Edward Roberts, June 16, 17^4
Evan Owen, Dec. 5, 1724
William Hudson (the Mayor), July 8, 1726
Thomas Fenton, Oct. 12, 1727
Andrew Hamilton, Oct. 12, 1727
Richard Harrison, Oct. 12, 1727
Samuel Hasell, May 14, 1729
Joseph Ashton, Sept. 24, 1729
Thomas Griffitts, Mar. 4,1729-30
William Allen, Oct. 5, 1730
Charles Read, April 2, 1734
George Fitzwater, Dec. 4, 1734
Ralph Assheton, Mar. 6, 1735-6
Anthony Morris, Nov. 13, 1738
Abram Taylor, Dec. 4, 1738
William Till, Dec. 18, 1738
Cadwalader Foulke, June 6, 1740
Joshua Maddox, March i, 1741
Septimus Robinson, Sept. 20, 1742
Jonathan Robinson, June 8, 1743
Edward Shippen, Oct. 7, 1744
Benjamin Shoemaker, Mar. 29, 1745
Charles Willing, July 15, 1745
James Hamilton, May 20, 1746
Thomas Venables, Sept. 3, 1746
Samuel Morris, Mar. 4, 1746-7
William Atwood, July 25, 1747
Thomas Fletcher, June 8, 1748
Owen Evans, June 5, 1750
Nicholas Ashton, June 5
Thomas Yorke, June 5
John Potts, 1 June 5
Rowland Evans, June 5
William Plumsted, Feb. 12, 1750-1
Robert Strettell, April 7, 1752
Benjamin Franklin, June 5, 1752
William Colemaji, June 5, 1752
John Mifflin, . July 15, 1752
Samuel -Ashmead, June 6, 1753
Henry Pawling, Sept. 5, 1753
John Jones, Sept. 2, 1754
William Peters, Jan'y 4, 1757
1750
1750
1750
1750
1 Died June 6, 1768.
OF PHILADELPHIA.
69
Alexander Stedman,
Jacob Duch6,
Isaac Jones,
Samuel Mifflin,
Isaac Ashton,
Samuel Wharton,
John Hughes,
Daniel Benezet,
William Coxe,
Evan Thomas,
Archibald McClean,
Jacob Hall,
Henry Harrison,
Thomas Willing,
Samuel Shoemaker,
William Dewees,
James Coultas,
John Lawrence,
George Bryan,
Alexander Edwards,
John Bull,
William Parr,
James Biddle,
Frederick Antes,
Charles Jolly,
John Gibson,
John Potts, Jr.,
James Young,
George Clymer,
Samuel Powel,
James Diemer,
Benjamin Chew,
Henry Hill,
John Moore,
John Ord,
Plunket Fleeson,
Benjamin Paschall,
Philip Bcehm,
John Knowles,
Andrew Knox,
Isaac. Howell,
David Hunter,
Seth Quee,
Andrew Kennedy,
John Richards,
John Miller,
William McMullin,
10
in office
Dec. 10, 1757
Mar. 20, 1758
Mar. 20, 1758
Dec. 18, 1758
March 7, 1759
Dec. 8, 1759
Dec. 8, 1759
March 7, 1761
March 7, 1761
March 7, 1761
March 7, 1761
March 7, 1761
March 16, 1761
June 6, 1761
Dec. 21, 1761
June 12, 1762
Dec. 30, 1762
Dec. 8, 1764
Dec. 8, 1764
June 7, 1766
Mar. 28, 1768
Sept. 8, 1769
Sept. 8, 1769
June 4, 1770
June 4, 1770
July 2, 1770
Oct. 4.
Jan. 8 ;
April 9
June 8, 1773
June 28, 1773
Dec. 13, 1773
June 10, 1776
June 24, 1776
July 25, 1777
July 25, 1777
July 25, 1777
July 25, 1777
July 25, 1777
Sept. 28, 1778
Dec. 14, 1778
Dec. 14, 1778
March 2, 1779
March 2, 1779
March 2, 1779
March 2, 1779
March 2, 1779
1771
1773
1773
70
MARTIN'S BENCH AND BAR
William Adcock,
William Ball,
William Rush, 1
John Gill,
William Masters,
Emanuel Eyre,
Samuel Wharton,
Joseph Wharton,
William Craig,
William Pollard,
Dr. Enoch Edwards,
Lewis Weiss, 2
Robert McKnight,
Alexander Tod,
Joseph Ferree,
William Coats,
Jacob Weaver,
in office
April 28, 1779
April 28, 1779
June n, 1779
July 27, 1784
Aug. 9, 1784
Aug. 9, 1784
Sept. 23, 1784
Feb. 13, 1786
April 3, 1786
Sept. n, 1786
Nov. 13, 1786
Nov. 13, 1786
June 7, 1787
July 31, 1787
March 9, 1789
March 14, 1789
March 21, 1789
On Sept. 23, 1791, James Biddle, Jonathan Bayard Smith,
Enoch Edwards and William Robinson, Jr., Esquires, Judges,
held the Orphans' Court. This is the first time the term Judges
is used in the Dockets of this Court (see Docket No. 16),
although Thomas Yorke and his Associates were commissioned
as Judges of the Common Pleas, and Orphans' Court. They are
called Justices in the Minutes of the O. C. The Judges of the
Common Pleas held the Orphans' Court from 1791 to 1875.
The Orphans' Court.
AS ESTABLISHED BY THE CONSTITUTION OF 1873.
The delays and expense attending the settlement of estates of
decedents, led the framers of the new Constitution of Dec. 16,
1873, to authorize the formation of Orphans' Courts, as separate
tribunals. See Article V, Section 22. In Philadelphia the O.
C. was established by the Act of May 19, 1874, and organized
Jan. 4, 1875. The O. C. always had separate organization as to
Clerks and Records; but until 1874, never had an independent
Judiciary. The O. C. Bench now consists of three Judges,
learned in the law. At first the Judges were of equal rank, and
presided by turns, but the Act of May 24, 1878. created the office
of President Judge.
PRESIDENT JUDGE.
William Brantley Hanna, appointed
June 5, 1878
1 Died Novetnber 30, 1791, aged 74.
1 Lewis William Weiss was his full name.
OF PHILADELPHIA.
71
ASSOCIATE JUDGES.
Thomas Bradford Dwight, elected Nov. 2, 1874
Wm. Brantley Hanna, " Nov. 2, 1874
Dennis W. O'Brien, 1 " Nov. 2, 1874
William N. Ashman, 2 appointed Jan. 9. 1878
Clement Biddle Penrose, " Jan. 30, 1878
CLERKS OF THE ORPHANS' COURT.
Robert Assheton,
Charles Read, 3
Thomas Hopkinson,
Andrew Hamilton,
John Lawrence, 4
John Price,
James Humphreys,
John Haley,
William Nichols, 5
John Bickley,
John L. Leib,
Robert Johnson,
Thomas F. Gordon,
Nathan R. Potts,
Edward King,
William Runkle, Jr.,
John P. Binns,
Robert Andrews, 6
Francis Parke,
Isaac P. Trimble,
James Hanna,
in office
it
appointed
Oct. 25, 1701
before , 1721
Jan. 20, 1736-7
Feb. 24, 1745-6
Sept. 8, 1747
Feb. 28, 1752
May 7, 1757
Sept. 15, 1777
March 24, 1786
March 8, 1800
Dec. 21, 1801
Dec. 24, 1814
, 1818
March 15, 1821
Feb'y 7, 1824
April 22, 1825
Dec. 30, 1829
Feb'y 2, 1830
Mar. 25, 1836
April i, 1836
Mar. 25, 1838
'Judge O'Brien, died Jan. 24, 1878, aged 60.
* In place of Judge Dwight, who resigned on account of his ill health.
:i Charles Read was probably appointed after the passage of the Act of March
27, 1713; he died in office before January 20, 1736-37.
* Vice Hamilton, dec'd. For Andrew Hamilton's appointment, see Clerks
of the City Court. I give Hamilton and Lawrence as Clerks of the O. C. on
the authority of Thompson Westcott. Hamilton died in office in Sept. 1747.
5 Nichols, Clerk of the Mayor's Court and Orphans' Court. Directory of
1798 ; 12 C. tf., 667, Clerk of the Orphans' Court and City Court.
6 The Minute Books of the O. C. from 1829 to 1832, are marked J. L. W.,
perhaps John L. Woolf ; but it is said he was only the Deputy. In the offi-
cial lists in the Directory of 1830 and 1831, Joseph Andrews is given as the
Clerk of the Orphans' Court, which is an error, it should be Robert. In the
Court offices the active man is always the Chief Deputy; the actual Pro-
thonotary, Clerk, Register, &c., are seldom known or seen by the Bar. In
the Orphans' Court office, for a long series of years, from 1858 to 1868, Richard
M. Batturs, a genial gentleman, of Philadelphia, was Chief Clerk; since 1m
retirement, Alfred J. Fortin has been the efficient Deputy. He entered the
office first in 1857.
72 MARTIN'S BENCH AND BAR
Robert F. Christy, 1 appointed Feb'y 9, 1839
Jacob Lewis, " Dec. i, 1842
David Hanley, " Dec. i, 1845
Oliver Brooks, 2 Oct. 10. 1848
Jacob Broom, 3 " Nov. 25, 1848
James M. Jackson, commissioned Nov. 17, 1852
John Sherry, " Oct. 17, 1855
Nimrod Woolery, " Nov. 20, 1858
William C. Stevenson, " June 10, 1862
Edwin A. Merrick, " Oct. n, 1864
Joseph Megary, " April 21, 1868
Joseph C. Tittermary, " Oct. n, 1870
Richard Ellis, " - Oct. 14, 1873
Gideon Clark, appointed June 12, 1875
Jesse W. Neal, elected Nov. 7, 1876
Wm. Marshall Taylor, " Nov. 4, 1879
Walter E. Rex, " Nov. 7, 1882
The Registers of Wills,
OF PHILADELPHIA.
The Provincial Registers were the Registers-General of Pennsyl-
vania for the Probate of Wills and Granting Letters of Adminis-
tration, established by the 22d section of the Laws agreed on in
England, i C. R., xxxii. The Act of March 14, 1777, abol-
ished the office of Register-General and named the Registers of
Wills in each county to succeed the Deputies of the Register-Gen-
eral, i Dallas' Laws of Pa., 731. The dates of appointment
are taken from the Will Books, and are the dates when the names
are first mentioned therein. Book A, in Register's office, is in the
handwriting of Patrick Robinson. He was Deputy Register and
Secretary to the Governor.
THE REGISTERS-GENERAL.
Christopher Taylor, 4 in office 10 br. , 1682
1 Col. Christy was elected under Act of July 2, 1839, for three years from
Dec. i, in same year (P. L., 559), and commissioned Nov. 14, 1839. He dii-d
Aug. 31, 1881, aged 72.
2 Brooks died before being commissioned, Nov. 7, 1848. See 9 Barr, 513 ;
Commonwealth v. Hanley.
"Broom was commissioned Dec. 14, 1848. Commission set aside by tin-
Supreme Court on Jan. 22, 1849, on the ground that there was no vacancy.
Oliver Brooks, who was elected Oct. 10, 1848, having died before a commission
had been issued to him, and that Hanley, the old Clerk, held over. Hanley
died March 18, 1849, and Broom was appointed and commissioned March 26.
1849, and elected in October, 1849, f r three years.
* The first will, recorded loth mo., 1682, was Thomas ffreames. He died
l>efore 5th mo. 5th, 1686; i C. R., 137.
OF PHILADELPHIA.
73
Robert Turner, commissioners 5, 5 mo., 1686
William Frampton, in the place of 5, 5 mo., 1686
William Southebe, Taylor, dec ' d. 5, 5 mo.. 1686
James Claypoole, Sr., commissioned 19, 9 mo., 1686
Jacob Simcock, 1 Deputy.
Thomas Ellis, appointed 9, 7 mo., 1687
David Lloyd, Deputy, " 12, 8 mo., 1687
William Markham, " 14, 8 mo., 1688
Patrick Robinson, Deputy.
Capt. John Blackwell, 2 " 8, n br. 1688-9
Robert Turner, 3 in office 16,12^1690-1
Samuel Jenings, 5, iomo., 1692
Francis Rawle, Jr., Deputy.
William Markham, appointed 20, 7 mo. ,1693
John Moore, 4 in office 7, 3 mo., 1700
Col. William Markham, appointed Mar. 29, 1703
Lt. Gov. John Evans, 27, 4 mo., 1704
Peter Evans, Deputy, Dec. n, 1704
Peter Evans, commissioned 17,12^1708-9
Lt. Gov. Charles Gookin, " Nov. 7, 1710
Benjamin Mayne, " July 28, 1712
Peter Evans, " July 3, 1713
Richard Birmingham, Dep., Nov. 3, 1715
Dr. Thomas Graeme, May 14, 1724
John Moore, 5 Deputy, Dec. 3, 1724
Peter Evans, in office Dec. 6, 1725
William Plumsted, commissioned June 19, 1745
Benjamin Chew, Aug. 14, 1765
John Maxfield, Deputy, died Oct. 6, 1774
1 See Smith's History of Delaware County, 502.
- He appointed himself Register-General, thus creating a precedent which
was afterwards followed by other Governors.
3 Francis Rawle, Jr., his son-in-law, was his Deputy.
4 In SmulFs Legislative Hand-Book, 1878, it is set forth that John Moore
\va> commissioned Jan. I, 1693. By Will Book B it does not so appear, but he
\vasin office May 7, 1700. Col. Wm. Markham was commissioned by Penn,
March 29, 1703, by an order directed to Lieut. Gov. Andrew Hamilton; 2 C.
R., 96; also Book A, 25th 7 mo., 1703, and complained to the Council (2 C.
A'., 122, 123 and 124) that Moore refused to'surrender the office to him, say-
ing that it was "his property and freehold, and conceived it to be a point of
law," and demanded a trial thereof, which was granted. Markham and Moore
acted jointly while contesting the matter. Markham died I2th mo. 4th, 1704,
and Lieut Governor Evans appointed himself the Register-General, thus set-
tling the'matter, and taking possession of one of the most lucrative offices in
the Province, and made his cousin, Peter Evans, his Deputy ; 2 Logan Papers, 8 .
5 John Moore signs as Deputy Register, from Dec. 3, 1724 to April 2, 1726.
74 MARTIN'S BENCH AND BAR
THE REGISTERS OF WILLS,
PHILADELPHIA.
Samuel Morris, by Act of Mar. 14, 1777
George Campbell, 1 by the Assembly April 6, 1782
Joseph B. McKean, in office April 21, 1800
Charles Swift, May 19, 1800
Samuel Bryan, April 12, 1809
Peter S. Muhlenberg, Nov. 8, 1821
Joseph Barnes, March 9, 1824
John Geyer, March 28, 1825
John Humes, " March 6, 1830
John Gest, " March 28, 1836
Edward D. Corfield, Jan'y 8, 1839
Michael Pray, " March 2, 1839
William Piersol, elected Oct. 9, 1839
John Painter, " Oct. n, 1842
John Weaver, 2 " Oct. 14, 1845
Edward A. Penniman, appointed Jan. 26, 1846
Alexander Browne, in office Dec. i, 1846
Thomas C. Bunting, " Dec. 4, 1849
Theo. T. Deringer, Deputy.
William Bowers, " Dec. i, 1852
Samuel Lloyd, Deputy.
Charles W. Carrigan, " Dec. i, 1855
Joseph C. Molloy, Deputy.
George W. McMahan, ' " Dec. 6, 1858
Samuel Lloyd, Deputy.
Thomas McCullough, " " Dec. 3, 1861
John F. Belsterling, Deputy.
Frederick M. Adams, " Dec. 2, 1864
Samuel Lloyd, Deputy.
Col. William A. Leech, Dec. i, 1867
J. Alexander Simpson, 3 April 3, 1868
Tohn H. Campbell, Deputy.
William M. Bunn, " Dec. i, 1870
George W. Painter, Deputy.
Gen. Gideon Clark, " Dec. i, 1873
James Brearly, Depiity.
Jesse W. Neal, elected Nov. 7, 1876
James Brearly, Deputy.
Horace L. Keyset,* Deputy.
1 Re-appointed by Council (16 C. R., 443), Sept. .), 1790.
- By Act of July 2, 1839, the Registers of Wills became elective. Charles
Thomson Jones was deputy for Corfield ; J. B. Sewell for Pray ; and Piersol
and Col. Robert F. Christy for Painter. John Weaver died in office Jan. 16, 1846.
3 Appointed for the unexpired term of Col. Leech, who died in office.
4 Appointed in place of Brearly, who died Aug. 23, 1878, aged 37 years.
OF PHILADELPHIA. 75
W. Marshall Taylor, elected Nov. 4, 1879
William G. Shields, Deputy.
Walter Edwin Rex, Nov. 7, 1882
The Registers of Wills are now, by the Constitution of 1873,
the Clerks of the Orphans' Court. (Art. 5, sec. 22.)
The Mayor's Court,
OF THE CITY OF PHILADELPHIA.
This Court was created by Act of Assembly of March n, 1789,
incorporating the City of Philadelphia, and abolished by the Act
of March 19, 1838.
By this Act, the Mayor, Recorder and Aldermen, or any four
of them, whereof the Mayor or Recorder was always to be one,
were constituted a Court to be called " the Mayor' s Court of the
City of Philadelphia,"" to hear and determine all charges of lar-
cenies, forgeries, perjuries, assaults and batteries, riots, rows, un-
lawful assemblies, and all other offences usually cognizable in any
Court of Quarter Sessions. This Court met quarterly on the first
Monday of March, June, September and December, in each year,
and held frequent sessions.
The Act of 1789 also established the " Aldermen's Court" to
consist of three Aldermen, two to be a quorum. Those to hold
the Court to be designated, at least, four times a year by the
Mayor or Recorder, to try all matters usually cognizable by Jus-
tices of the Peace, where the debt or demand amounted to forty
shillings, and did not exceed ten pounds. The Justices of the
Court were paid by fees. This Court was abolished by Act of
Assembly of March 20, 1810. I copy from the Independent
Gazetteer, of April 18, 1789, the following in reference thereto :
"At a meeting of the Mayor, Recorder and Aldermen, held the
1 5th inst., the Mayor and Recorder nominated and appointed
Francis Hopkinson, Joseph Swift and Hilary Baker, Esqrs,, to
constitute and hold ' The Aldermen 's Court. 1
The Mayor and Aldermen had power personally to hear and
determine cases of debt under forty shillings.
Presiding Justices.
THE MAYORS.
1789 Samuel Powel, X 798 Robert Wharton,
1790 Samuel Miles, 1800 John Inskeep,
1791 John Barclay, 1801 Matthew Lawler,
1792 Matthew Clarkson, !8o5 John Inskeep,
1796 Hilary Baker, 1806 Robert Wharton,
76
MARTIN'S BENCH AND BAR
1808 John Barker,
1 8 10 Robert Wharton,
1811 Michael Keppele,
1812 John Barker,
1813 John Geyer,
1 8 1 4 Robert Wharton ,
1819 James Nelson Barker,
1820 Robert Wharton,
1824 Joseph Watson,
1828 George M. Dallas,
1829 Benjamin W. Richards,
1830 William Milnor,
1831 Benjamin W. Richards,
1832-8 John Swift.
THE RECORDERS.
1789 Alexander Wilcocks,
1 80 1 Alexander J. Dallas,
1802 Moses Levy,
1808 Mahlon Dickerson,
1810 Joseph Reed,
1829 Joseph Mcllvaine,
1836 John Bouvier,
1838 Samuel Rush.
1789
1792-
1793-
1796-
Associate Justices.
THE ALDERMEN.
Samuel Miles, Hilary Baker, William Colladay, Joseph
Swift, John Barclay, Francis Hopkinson, Reynold Keen,
Matthew Clarkson, Gunning Bedford, John Baker, John
Nixon, Joseph Ball, George Roberts, John Maxwell
Nesbit.
Michael Hillegas, Jonathan Bayard Smith, Francis Gurney.
Edward Bartholomew.
Matthew Clarkson, 1 John Barclay, John Jennings, Jonathan
Bayard Smith, Robert Wharton, James Ash, Michael
Hillegas, Reynold Keen, John Clement Stocker, Gunning
Bedford, Alexander Tod, Isaac Howell, Philip Wager,
Nathaniel Falconer, Hilary Baker and John Baker. 2
1796 Jacob Baker, in place of
1798 Philip Syng Physick, "
1799 John Inskeep, "
1799 William Jones,
1799 Dec. 3. John Clement Stocker, Jr. , "
1800 Sept. 15. Dr. David Jackson, "
1800 Oct. 22. John Barker.
1801 Oct. 14. Andrew Pettit,
1801 Oct. 23. Matthew Lawler, "
1802 May 22. John Douglass, " *
1802 . Samuel Carswell, in place of
Falconer.
Clarkson.
Barclay.
Ash.
his father.
Hilary Bal
Bedford.
Jackson.
Jennings.
Howell.
1 Mayor's Court, after the second Tuesday in October, 1796, was composed
of fifteen Aldermen as Associates, appointed by the Governor under the Act
of April 14, 1796.
2 The father of Hilary and John Baker was a German schoolmaster, of < in
mantown, named Hilarius Becker. Baker and Barker are different names,
and must not be confounded in these lists.
OF PHILADELPHIA.
77
1806 May 26. Michael Keppele, in place of Hillegas
_ O A ,- J .,, /""* *, T n-
i ooy . riiiurcw \jrcycr.
1811 Aug. i. John Geyer, '
Tod.
1813 -April 30. George Bartram, '
Smith.
1813 Nov. 25. Timothy Matlack, '
Stocker.
1815 July 24. Samuel Badger, '
John Baker.
1816 . Joseph Hertzog, '
John Barker.
1817 April 2. James Nelson Barker.
1 8 1 8 March 4. Peter Christian, '
Matlack.
1818 April 8. Abraham Shoemaker, Jr. , '
his father?
1820 May ii. John Connelly, '
Jacob Baker.
1822 April 3. Joseph Watson, '
Keppele.
1822 April 3. William Duane, '
Carswell.
1822 Dec'r 2. John Binns, '
Hertzog.
1823 Jan'y 7. William Milnor, '
Connelly.
1823 Dec'r 15. David P. Muhlenberg, '
Douglass.
1829 Jacob Sperry, 2 Joseph Burden, Richard Willing, Jr. 3
1832 Robert Wharton, Jonathan K. Hassinger, Thomas McKean.
1836 Samuel Heintzelman, John R. Vogdes, David S. Hassinger.
CLERKS OF
William Nichols,
John Bickley,
William Sergeant,
Thomas Sergeant,
Josiah Randall,
Randall Hutchinson,
Charles Pierce,
William Stewart,
John R. Vogdes,
John P. Bewley,
William White,
THE MAYOR'S COURT.
in office
commissioned
, 1789
March 8, 1800
Dec. 21, 1801
April 22, 1806
May 10, 1809
Aug. , 1814
Mar. 17, 1821
Feb'y 7, 1824
Feb'y 22, 1830
Dec. u, 1835
Mar. 26, 1836
The District Court,
FOR THE CITY AND COUNTY OF PHILADELPHIA.
Organized by Act of Assembly of March 30, 1811.
Abolished by the Constitution of 1873.
In the early part of the present century Philadelphia was the
largest city in the Union, and its commerce, manufactures and
general business had kept pace with its population. It began to
be seriously felt that the judicial system was inadequate, and
1 Died May 25, 1818, aged 65.
2 Died Jan. 2, 1830, aged 60.
3 Died April 15, 1833.
78 MARTIN'S BENCH AND BAR
accordingly, by an Act approved March 30, 1811, it was enacted :
" Whereas, the Court of Common Pleas of the City and County
of Philadelphia, from the various objects of its jurisdiction and
the great increase and accumulation of business, is incompetent
to the speedy and effectual administration of justice to the citizens
of that district, for remedy whereof, be it enacted," etc., that
there shall be established a Court of Record by the name and style
of the District Court for the City and County of Philadelphia, to
consist of a President and two assistant Judges, any two of whom,
in case of the absence or inability of the other, shall have power
to try, hear, and determine all civil pleas and actions where the
sum in controversy should exceed one hundred dollars.
The Court thus established soon became full of important busi-
ness, and acquired a solid and enduring reputation as a great law
court for the trial of civil issues. It was the first, and for many
years the only Court of original jurisdiction in the Commonwealth
whose Judges were all learned in the law. Down to about the
beginning of this century, there was no positive requirement that
even the Presidents of the Common Pleas should be learned in
the law, though the practice had been uniform since the Revolu-
tion to appoint only lawyers. But the Associates remained lay-
men in the Common Pleas of Philadelphia until 1833, when one
of them was required to be learned in the, law, and "one to be
appointed under the existing laws of the Commonwealth," (Act
of Feb. 8, 1833 ; P. L., 23), and the other Associate remained a
layman until 1836, after which all the Judges of that Court were
required to be learned in the law. (Act of March n, 1836 ; P.
L., 76.) So late as 1831 the salaries of the Associate Judges of
the Common Pleas of Philadelphia were only four hundred dollars
each, while the salaries of the Judges of the District Court and
the President of the Common Pleas were two thousand dollars
each.
The Bench of the District Court was occupied by a succession
of learned and able lawyers, and when the Court adjourned sine
die, Jan. 4, 1875, ^ w *> Wl ^ tne universal regret of the Bar. A
more dignified, learned, and impartial tribunal has seldom, if
ever, existed in this or any other community.
PRESIDING JUDGES.
Joseph Hemphill, commissioned May 6, 1811
Joseph Borden McKean,
Jared Ingersoll,
Moses Levy,
Joseph Borden McKean,
Joseph Barnes,
Thomas McKean Pettit,
Oct. i, 1818
Mar. 19, 1821
Dec. 18, 1822
Mar. 21, 1825
Oct. 24, 1826
April 22, 1835
OF PHILADELPHIA.
79
Joel Jones,
George Sharswood,
John Innes Clark Hare,
commissioned
ASSOCIATE JUDGES.
Anthony Simmons,
Jacob Sommer,
Thomas Sergeant,
Joseph Borden McKean,
Joseph Barnes,
Joseph Borden McKean,
Benjamin Rawle Morgan,
John Hallowell,
Charles Sidney Coxe,
Thomas McKean Petti t,
George McDowell Stroud,
Joel Jones,
John King Findlay,
George Sharswood,
George McDowell Stroud,
John King Findlay,
John Innes Clark Hare,
Martin Russell Thayer,
Thomas Greenbank,
Martin Russell Thayer,
James Lynd,
James Tyndale Mitchell,
Amos Briggs,
commissioned
April 8, 1845
Feb'y i, 1848
Dec. i, 1867
May 6, 1811
June 3, 1811
Oct. 20, 1814
Mar. 27, 1817
Oct. i, 1818
Mar. 17, 1821
Mar. 29, 1821
Mar. 27, 1825
Oct. 24, 1826
Feb. 16, 1833
Mar. 30, 1835
April 22, 1835
April i, 1845
April 8. 1845
Feb'y 5', 1848
Feb'y 5, 1848
Dec. i, 1851
Dec. i, 1867
Dec. 7, 1868
Mar. 27, 1869
Dec. 5, 1870
Dec. 4, 1871
Mar. 25. 1872
Joseph Hemphill was a native of Chester, now Delaware county,
admitted to the Chester County Bar, August, 1793. Member of
Congress, 1801 to 1803, from Chester county, and from 1819 to
1831. He died May 29, 1842, aged 72 years. Associate Judge
Sommer's name is sometimes rendered Somers. Simmons and
Sommer were not lawyers. Judge Sommer died in February,
1857, aged 69 years, and Anthony Simmons, late Judge, and
Colonel of the 96th Regiment, died Jan. 6, 1830, aged 57 years.
Edward King had the position of Associate Judge offered to him
in 1825 ; he hesitated about accepting it, and then Judge Hal-
lowell took it; thus making room in the Common Pleas for
King as the President Judge. The Forum, 2 vol., 175. On April
i, 1835, King was tendered the place of Presiding Judge of the Dis-
trict Court, but declined. George M. Stroud was Associate for 34
years, and declined the position of Presiding Judge in 1868, when
Sharswood was elected Judge of the Supreme Court, and died in
1875, faH f y ear s and honors. Thomas McKean Pettit was ap-
pointed in the place of Hallowell, who resigned, and was re-com-
80
MARTIN'S BENCH AND BAR
missioned March 30, 1835, for 10 years. Joel Jones was re-
commissioned March 31, 1845, f r I0 }' ears - Judge Hare was
commissioned President Judge December i, 1867, and elected
November 6, 1868. Thomas Greenbank had certificate of elec-
tion and took his seat, but it was successfully contested by M.
Russell Thayer. Judge Briggs was appointed March 25, 1872,
and elected October 8, 1872, for 10 years. In accordance with
the amended Constitution of 1873, l ^ e District Court was con-
solidated with the Court of Common Pleas, and the Act of May
14, 1874, abolished all Courts not mentioned in the Constitution.
P. L., 1874, pp. i39 MO.
An interesting sketch of the District Court will be found in
''An Address delivered at-the final .adjournment of the Court,
Jan. 4, 1875," by the Hon. James T. Mitchell, one of the Judges
of the Court, in which he says: "By the Constitution of Penn-
sylvania, adopted in 1873, a new organization of the judicial tri-
bunals of the State was directed, under which the Nisi Prius, Dis-
trict and Common Pleas Courts of Philadelphia City and County
ceased to exist on the first Monday in January, 1875. The
Judges of the Supreme Court heretofore in turn holding the
.Court of Nisi Prius, were relieved from original jurisdiction, and
the Judges of the District and Common Pleas Courts were trans-
ferred to the new Courts of Common Pleas, created by the Con-
stitution."
PROTHONOTARIES OF THE DISTRICT COURT.
John Porter,
Timothy Matlack,
Michael Leib,
Randal Hutchinson,
John Lisle,
Franklin Comly,
William White,
William V. Pettit, 1
Edward C. Dale,
David C. Skerritt,
Augustin R. Peale,
Thomas Fletcher,
James W. Fletcher,
John P. McFadden,
Philip S. White,
George Kelly,
James McManes,
also of the C. P.,
of D. C. only,
commissioned
elected
April 25, 1811
Mar. 14, 1817
Nov. 15, 1822
Feb. 27, 1824
Feb. 22, 1830
Mar. 24, 1836
Jan'y 7, 1839
Feb'y 9, 1839
Dec. i
1842
Dec. i
1845
Dec.
1848
Dec.
1851
Dec.
1854
Dec.
1857
Dec.
1860
Dec.
1863
Dec.
1866
1 Appointed and then elected on the second Tuesday in October, to serve
three years from the first day of December. See Act of July 2, 1839 g 3.
OF PHILADELPHIA. 81
William K. Hopkins, elected Dec. i, 1869
William B. R. Selby, 1 " Dec. i, 1872
Commissioners of Insolvents.
Act of March 13, 1812, to expire April i, 1815.
Three Commissioners to be appointed by the Governor. This
law was repealed, except as to pending cases, Dec. 21, 1812.
April 29, 1814, the Insolvent Law was declared unconstitutional.
Charles Jared Ingersoll, commissioned Mar. , 1812
William Newbold, " Mar. , 1812
John Conrad, " Mar. , 1812
George Bartram, 2 July 14, 1812
The Court of Criminal Sessions.
FOE THE CITY AND COUNTY OF PHILADELPHIA.
This Court was organized in accordance with the Act of March
19, 1838, and commenced its sessions on the first Monday in April,
1838, with a President Judge and two Associates, learned in the law,
all ex-officio Justices of the Peace, and to have all the powers and
exclusive jurisdiction exercised by the Mayor's Court and the Re-
corder's Court of the Northern Liberties, Kensington and Spring
Garden. The Clerk of the Quarter Sessions of the Peace to be
Clerk of the Court. "All the necessary records of the Mayor's
Court, Recorder's Court, and of the Court of Quarter Sessions of
the County of Philadelphia, shall be delivered to the Clerk of the
Sessions Court." Laws of Penna, 1838, section 18, p. 125.
Abolished by Act of 2jth February, 1840.
1 Mr. Selby served until the Court was abolished, and then became by the
Constitution of 1873, Prothonotary of the Common Pleas. The Bar seldom
came in contact with the Prothonotaries. Their duties were performed by
Deputies. The Seniors of the Bar have a vivid recollection of Matthias Coates,
who was Chief Clerk previous to 1840, for many years. He was a character
in his way, and made all the lawyers " stand from under" when he was in a
bad humor. He was much liked, however. John L. Woolf was Deputy for
Mr. Dale, and afterwards principal Deputy for Sheriff Lelar. Edwin T. Chase,
succeeded Woolf as Chief Clerk, and held that office for a long time.
The Bar will recall with pleasure Frederick A. Trego, James G. Gibson, Search-
Clerk for many years, and afterwards Prothonotary of the Common Pleas; David
A. Allison, who succeeded him as Search-Clerk, and continued in that position
for a long period, and Benjamin M. Shain, who was for a long series of years
a clerk; Henry T. Coleman, a former Appearance-Clerk, from 1845 '
1848; Horace L. Peterson, in the same position, and Pierre Chapouty,
Chief Clerk, and also Robert E. Hackett, for many years one of the Clerks,
who died Jan. 8, 1882, aged 72 years, all pleasant and obliging gentlemen.
2 Appointed in the place of Conrad, who resigned.
82 MARTIN'S BENCH AND BAR
PRESIDENT JUDGE.
James Todd, 1 appointed Mar. 28, 1838
ASSOCIATE JUDGES.
John Bouvier, 2 appointed Mar. 28, 1838
Robert T. Conrad, 3 " Mar. 28, 1838
The Court of General Sessions.
FOR THE CITY AND COUNTY OF PHILADELPHIA.
ESTABLISHED BY ACT OF FEB. 27, 1840.
Abolished by Act of Feb. 3, 1843.
The Court of General Sessions was to consist of three Judges,
learned in the law, and to have exclusive jurisdiction and cogni-
zance of all matters of which the Court of Criminal Sessions then
had jurisdiction, and with power to try all cases of murder, &c.
And such duties as were incident to the Clerk of the Oyer and
Terminer were to be performed by the Clerk of that Court ; and
such as appertained to the Clerk of the Criminal Sessions were to
continue to be performed by the Clerk of that Court. When the
Court was abolished, the Court of Quarter Sessions was reinstated
with all its former powers and original jurisdiction.
PRESIDENT JUDGES.
George W. Barton, 4 appointed Mar. 20, 1840
Anson V. Parsons, 5 " Jan. , 1843
ASSOCIATE JUDGES.
Robert T. Conrad, appointed Mar. 20, 1840
Joseph M. Doran, " Mar. 20, 1840
CLERK.
William O. Kline, , appointed Mar. 20, 1840
The Clerks of the Court of Quarter Sessions.
FOR THE COUNTY OF PHILADELPHIA.
John Southern, commissioned date unknown
Patrick Robinson, in office 13,3 mo., 1686
David Lloyd, by Prov. Council i, 8 mo., 1686
1 Of Fayctte county ; Attorney-General when appointed.
* Recorder of Philadelphia. :l Recorder of the Northern Liberties.
1 Judge Barton resigned Dec. 31, 1842.
'On Feb. 3, 1843, the bill abolishing the General Sessions having been
finally passed, the Governor revoked the appointment of Anson V. Parson* ;is
I'u^ident Judge, and nominated him as an additional Judge of the Common
Pleas, and the Senate confirmed him Feb. 8. He never presided.
OF PHILADELPHIA.
83
James Claypoole, 1 . commissioned
John Claypoole,' 2 "
Robert Assheton, by City Charter
Ralph Assheton, 3 in office
Charles Read, died before
Thomas Hopkinson, appointed
Andrew Hamilton, "
John Lawrence,* "
William Parr, 5 his Deputy.
Hilary Baker, commissioned
Charles Biddle, 6
Joseph Reed,
Richard Bache, Jr.,
Tench Coxe, "
William Runkle, Jr.,
Erasmus Thomas,
Henry Shoemaker, "
John Conrad, "
Matthew Randall, "
Bartholomew Graves, "
Edward D. Corfield,
William G. Conroy, "
James Eneu, Jr., 7 "
Andrew Flick, "
John Thompson, Jr., "
John Williams, "
John A. Scanlan, "
George M. Howell, "
Joseph Crockett, "
George H. Moore, "
John C. Butler,
Thomas H. Ash ton,
Henry H. Bingham, "
George Truman, "
28, 12, 1688-9
July 6, 1697
Oct. 25, 1701
Jan. 20, 1736-7
Jan. 20, 1736-7
Feb. 24, 1745
Sept. 8, 1747
Aug. 19,
1777
*7 1C\ A
?
Jan. 22,
7794
1800
Nov. 9,
1805
Jan. 28,
1815
March 4,
1818
March 15,
1821
Nov. 2,
1823
Feb. 7,
1824
1829
>
Feb. 22,
1830
March 24,
1836
Jan. 20,
1839
Feb. 9,
'839
NOV. 22,
1842
Oct. 14,
1845
Nov. 25,
1848
NOV. 22,
1851
Nov. 10,
1854
Nov. 2,
1857
NOV. 22,
1860
Nov. 8,
1866
Nov. 1 6,
1869
Nov. i,
1870
Nov. 5,
1878
1 I C. R., 208, 214; died 1690.
? In office; I Pa. Archives, 125.
3 See 9 Pa. Archives, 699 ; 2d series.
4 John Lawrence was appointed in the place of Andrew Hamilton, deceased ;
5 C. K., 106 (1747), no, and held office until his death, January, 1775. Al-
though it is stated in 9 Pa. Archives, 2d series, 699, that James Read was
appointed Clerk of the Peace, June 4, 1752, it is probably an error. See
Prothonotaries of Common Pleas.
5 See 4 Pa. Archives, 601 and Aitken's Register for 1773, p. 30, &c.
6 The Directory of 1794 says, Charles Biddle was Prothonotary of the county.
The Directories of 1798 and 1799, under the head of the Common Pleas and
Quarter Sessions, give Charles Biddle, " Prothonotary of said Court."
7 James Eneu, Jr., under the Constitution of 1838, was elected on Oct. 8,
1839, to serve three years from Dec. I. See Act July 2, 1839.
84 MARTIN'S BENCH AND BAR
Isaac McBride, 1 ad interim . Sept. 29, 1879
William R. Leeds, 2 appointed Oct. 4, 1879
Win. E. Littleton, elected Nov. 2, 1880
Interpreter
FOR THE COURT OP QUARTER SESSIONS.
Appointed by the Judges, term Jive years.
Joseph Sanson, 3 appointed Feb. 8, 1869
Joseph P. Galton, Chief Court Clerk of the Quarter Sessions,
died on Jan. 22, 1879, aged 39 years. He entered the office of
the Clerk of the Q. S. in 1857, when quite young, as an assistant
to J. Orlando Tobias, the then Chief Court Clerk, and suc-
ceeded him in that position in 1860. His death was announced
in Judge Mitchell's Court by District Attorney Hagert, on the
afternoon of the day of his death. He said, "It becomes my
painful duty to announce to your Honor the decease of Joseph
P. Galton, who was connected with this Court for a period of
twenty-one years, and who was for more than eighteen years its
Court Clerk. In the course of this long experience Mr. Galton
had acquired a thorough knowledge of the business and practice
of the Court, and was frequently consulted by the Judges in mat-
ters arising in the progress of its daily business. Indeed, so
thoroughly informed was he upon such matters, that although
comparatively young in years, he filled the full measure of the old
law writer's description of the aged and faithful clerk, who \\ us
described as the 'right hand of the Court.' Ever faithful and
attentive to his duties, courteous and obliging to all with whom
he was brought into contact, his loss will be sensibly felt by the
Court and the Bar. I deem it due to the memory of this
efficient and faithful officer to bear this public testimony to his
worth and ability, and as a mark of esteem in which he was held
by the Judges, I move, your Honor, that a Minute of his death be
entered on the Records of the Court."
Judge Mitchell in a few feeling remarks eulogistic of the de-
1 See the opinion of the City Solicitor of Oct. ,21, 1879.
* Vice Truman, deceased.
s In the edition of Purdon's Digest, by Brightly, 1853, it is said, in a note
to an Act providing for the appointment of an Interpreter in Alleghany county.
that the several sworn Interpreters of foreign languages in the City and County
of Philadelphia shall be entitled to receive the same fees as the Alleghany
County Interpreter for attendance on Courts. This Act was passed April 14,
1838. In a note the compiler says that the only Act authorizing the appoint
ment of an Interpreter in Philadelphia was the General Health Law of Jan. 29,
1818, which gave him fees for his visits to vessels. On the 27th of March, 1865,
a law was passed authorizing the appointment of an Interpreter in Philadelphia
by the Governor; and one, for the C our t, by the Judges of the Common Pleas.
See Com. ex. rel. Girard -vs. Sanson, 67 Pa. State Reports, 322.
OF PHILADELPHIA. 85
ceased, said that he acquiesced in what Mr. Hagert had said, and
ordered a Minute of the proceedings to be entered on the Records.
The death of Mr. Galton was also announced in the old court
room by Assistant District Attorney Reed ; and Judge Yerkes,
after making an appropriate reply, ordered that the Court be ad-
journed in respect to the memory of the deceased. These were
exceptional honors to one occupying so subordinate a position ;
but the moral is evident,
" Honor and fame from no condition rise ;
Act well your part, there all the honor lies."
Prosecuting Attorneys for Philadelphia.
This list is very unsatisfactory, but it is the best I could com-
pile from the Reports and the memory of the older members of
the Bar, and is, therefore, necessarily incomplete in many par-
ticulars. Attorney-General Lear wrote me in 1878, that there
were no lists of the Deputies on file in the Attorney-General's
office. The Prosecuting Attorneys were /
DEPUTY ATTORNEYS-GENERAL. l
Joseph Barnes, appointed , 1810
Peter A. Browne, " , 1811
Edward Ingersoll, , 1814
Peter A. Browne, O. 6 T. Jan'y , 1817
Charles S. Coxe, Q. S. Jan'y , 1817
Thomas Kittera, Mayor's Court Jan'y , 1817
George M. Dallas, vice Kittera Jan'y , 1818
William J. Duane, vice Dallas J an 'y > 1821
Jasper Slaymaker, Mayor' 's Court Tan'y , 1821
Thomas Kittera, S. C.&O.&T Feb'y 2, 1821
George M. Dallas, Q. S. Feb'y 9, 1824
Charles S. Coxe, Mayor's Court Feb'y 9, 1824
Thomas M. Pettit, 5. C. & O. & T. Feb'y 9, 1824
Samuel Rush, , 1826
George M, Dallas, O. & T. , 1826
Thomas M. Pettit, , 1826
George M. Dallas, for the County, Feb. 22, 1828
Samuel Rush, Mayor 1 s Court ,1828-9
Augustus H. Richards, Q. S. , 1829
1 All the Attorneys-General had their Deputies here, but some represented
the Commonwealth themselves, particularly those residents of the city. Joseph
B. McKean, 1800 to 1808; Richard Rush, 1811 ; Jared Ingersoll, 1811 to
1816; Ellis Lewis, 1831; George M. Dallas, 1838; William B. Reed, 1838;
Ovid F. Johnson, 1839 to 1845; Benjamin F. Champneys, 1846, and James
C'ooper in 1848, appeared before the Courts here in person as the representa-
tives of the Commonwealth.
13
MARTIN'S BENCH AND BAR
Thomas S. Smith,
Philip S. Markley,
Joel B. Sutherland,
Michael W. Ash,
John Wurts,
Samuel Rush,
Michael W. Ash,
Joel B. Sutherland,
for the County
vice Smith
for the County
Q.S.
Mayor 1 s Court
O. &T.
Q.S.
Augustus H. Richards, Mayor's Court
Joel B. Sutherland, O. & T. &. S. C.
Michael W. Ash,
John Wayne Ashmead, Q. S.
Edward C. Watmough, Mayor's Court
David S. Todd, for the County
Ellis Lewis,
Samuel Rush,
Edward E. Law,
George W. Barton,
Henry M. Phillips, 1
William L. Hirst, 1
C. Wallace Brooke,
Ashbel Green, Jr.,
William Badger,
William A. Porter,
J. Murray Rush,
William D. Kelley,
Francis Wharton,
William D. Kelley,
David Webster,
William A. Stokes,
David Webster,
William Bradford Reed,
Joseph P. Loughead,
April , 1829
Sept. , 1829
Feb. , 1830
Feb. 26, 1830
Feb. , 1830
-- , 1830
-- , 1831
-- , 1832
Feb. -, 1833
Feb. , 1833
Feb. -, 1833
-- , 1833
Jan'y , 1834
-- > 1835
-- , 1838
-- , 1839
-- , 1839
-- > 1839
-- , 1840-1
-- , 1841
-- , 1842
May 3, 1842
, 1844
- , 1845
--- , 1845-6
Jan'y , 1847
Jan'y , 1847
June 23, 1848
June 23, 1848
-- , 1849
-- , 1849
District Attorneys of Philadelphia.
Previous to 1850 the prosecuting law officer for the Common-
wealth in the different counties of the State, was appointed by the
Attorney-General, and called the Deputy Attorney-General. By
the Act of May 3, 1850, P. L., 654, the qualified voters of every
county in the State were authorized to elect one person learned
in the law, as District Attorney, for three years from the first
Monday in November next after his election. By Article 14, of
1 Messrs. Lewis, Phillips and Hirst, are mentioned in the reports as appear-
ing for the Commonwealth, but I believe they were not Prosecuting Attorneys
or Deputies in the strict sense, but only assisted the Attorneys-General in spe-
cial cases. At the times stated Messrs. Barton and Brooke were Deputies for
Ovid F. Johnson, the then Attorney-General.
OF PHILADELPHIA. 87
the new Constitution, District Attorneys are declared to be
county officers, and their terms begin on the first Monday in
January next after their election, to represent the Commonwealth
in all criminal and other prosecutions. Since that time the fol-
lowing gentlemen have acted as District Attorneys for the judicial
district, known as the City and County of Philadelphia.
DISTRICT ATTORNEYS.
Horn R. Kneass, in office from 1850 to 1851
His election contested successfully by
William B. Reed, in office from 1851 to 1856
Lewis C. Cassidy, 1 elected Nov. 3, 1856
His election successfully contested by
William B. Mann, in office from 1856 to 1868
Joseph P. Loughead, " 1856 to 1859
Dennis W. O'Brien, * Dep. Dist. Atfy, June 21, 1861
Furman Sheppard,* elected Nov. 2, 1868
Charles Gibbons, by the Court Oct. 25, 1869
Furman Sheppard, " May 3, 1870
William B. Mann, in office from 1871 to 1875
Furman Sheppard, " 1875 to l8 7 8
Henry S. Hagert, " 1878 to 1881
George S. Graham, 4 elected Nov. 2, 1880
1 The Act of April 27, 1857, which was passed with the intention of com-
promising the contest between Mr. Mann and Mr. Cassidy, provided that there
should be two District Attorneys, the Judges of the Quarter Sessions to appoint
the additional District Attorney, but the Presiding Judge of the Court and his
Associates refused to recognize the Act as a compromise, and the contest went
on and was decided in favor of Mr. Mann. The Court then appointed Mr.
Ixmghead the additional District Attorney.
- District Attorney Mann was in service for over four months, in 1861, as
Colonel of the 3ist Pennsylvania Volunteers, during which time Mr. O'Brien
was his Deputy. He was the assistant of Mr. Reed during the latter's term.
Mr. Mann's son, Charles Naylor, was his assistant after his admission to the Bar
in 1862. The late Judge Thomas Bradford Dwight and William H. Ruddi-
nian, were also Mr. Mann's assistants.
'' Mr. Sheppard had certificate of election, and was sworn in. Mr. Gibbons
contested his election, and the Court declared him elected, Oct. 25, 1869;
afterwards the Court discovered they had made an error in counting the votes,
so on May 3, 1870, reversed their former decision and declared Mr. Sheppard
duly elected. His assistants during the time he held office were, Henry S.
Hagert, Robert P. Dechert, and William Wilson Ker.
Mr. Hagert's assistants were, John R. Reed, Dallas Sanders, and William
Wilson Ker, now an assistant to the Att'y-Gen. of the United States.
* District Attorney George S. Graham made the following appointments :
First Assistant. Francis Amede Bregy. Second Assistant. Charles Franklin
Warwick. Third Assistant. John Lippincott Kinsey. Clerk. James Murray-
Rush Jermon. Mr. Bregy was Assistant under Col. Mann.
88
MARTIN'S BENCH AND BAR
Salaries of County Officers,
OF PHILADELPHIA COUNTY.
Act of March 31, 1876.
District Attorney, $15,000
First Assistant, 6,000
Second Assistant, 5>ooo
Third Assistant, 3,o
Sheriff, 15,000
Coroner, 6,000
Deputy Coroner, 2,500
Prothonotary of the Common Pleas, 10,000
Clerk of the Quarter Sessions, Oyer and
Terminer and General Jail Delivery, 10,000
Recorder of Deeds, 12,000
Register of Wills, who is also Clerk of
the Orphans' Court, 10,000
Treasurer, 10,000
Commissioners (each), 5,000
Controller, - 10,000
City Solicitors.
By Ordinance of Feb. 27, iSoi, 1 an Attorney and Solicitor
for the Corporation was authorized to be appointed by the Mayor,
salary $500. I am indebted to the late estimable Chief Justice
John Meredith Read for this list of the City Solicitors, and for
encouraging me to compile these lists for preservation and future
reference.
Jared Ingersoll, 2
Joseph Hopkinson,
Mahlon Dickerson,
William Meredith,
William Mcllhenny, Jr.,
Joseph Reed,
William Meredith,
Randal Hutchinson,
E. Spencer Sergeant,
John Read, 3
Thomas McKean Pettit,
appointed
1798
1801
1801
1808
1809
1810
1811
1813
1814
1818
1820
1 ( >rclinance repealed Dec. 28, 1815. Ordinance of April 10, 1817, author-
ized the Mayor to appoint a Solicitor, whose services were to be paid for accord-
ing to their value. And this was the rule until the passage of the ( )rdinance of
Aug. 29, 1839, which authorized Councils, yearly, in Jan., to elect a Solicitor.
'Judge James T. Mitchell, formerly assistant under Mr. Lex, has a letter
signed by Jared Ingersoll, dated in 1798, as City Solicitor.
*John Read, City Solicitor in 1818, was the father of the late Chief
Read, City Solicitor in 1830.
OF PHILADELPHIA. 89
Robert Wharton Sykes, appointed 1823
John K. Kane, " 1829
John Meredith Read, " 1830
John K. Kane, " 1831 '
Edward Olmsted, 1 1833
Isaac Hazelhurst, elected ^54
William A. Porter, 2 " 1856
William L. Hirst, by Councils 1857
Henry T. King, 3 ' elected 1858
Charles E. Lex, " 1860
Frederick Carroll Brewster, 4 " 1862
James Lynd, by Councils 1866
Thomas J. Barger, 5 elected 1868
Thomas J. Worrell, 6 in office 1869
Charles H. T. Collis, elected 1871
William Nelson West, 7 " X 877
Solicitors of the Districts.
FOR PHILADELPHIA COUNTY.
Previous to Consolidation, 1854.
John Lewis Leib, in office from 1809 to 1817
John Hallowell, appointed 1817 to 1818
William Delany, " 1818 to 1822
Richard Peters, Jr., " May , 1822
Thomas Sergeant, " April, , 1825
Charles Taylor, " 1833 to 1836
Wm. Bradford Reed, " 1836 to 1841
Charles Wallace Brooke, " T an 'y ? 1841
William Deal Baker, " , 1841
George M. Dallas " June , 1841
1 Mr. Olmsted held the office for 21 years.
- George L. Ashmead was first assistant City Solicitor for Mr. Porter.
3 The first assistant under Mr. King, and also under Mr. Lex, was David
W. Sellers. The other assistants under Lex, were the present Judges, Fin-
letter and Mitchell and Simon Gratz.
4 Mr. Brewster was elected in 1862 for three years, re-elected in 1865, re-
signed in 1866, having been elected as Associate Judge of the Common Pleas.
5 Mr. Barger's election was successfully contested by Mr. Worrell, who was
declared City Solicitor, in 1869.
8 Henry R. Edmunds was Assistant City Solicitor from Feb. 25, 1870, to
Feb. 14, 1871. William P. Messick, A. Atwood Grace, William H. Yerkes,
William N. Ashman, Lorin Burritt, Joshua Spering, Joseph K. Fletcher and
|ohn H. Seltzer for the Guardians of the Poor, -were also assistants under Mr.
Worrell.
7 Assistants to Mr. West are, Charles E. Morgan, Jr., John K. McCarthy,
and Francis Alexander Osbourn, Solicitor for the Guardians of the Poor, and
Abraham M. Beitler, Charles Barnsley McMichael, Robert W. Finletter,
William H. Addicks, Robert T. Corson, fohn Scott, Jr., M. Verner Simpson
and Thomas Corwin Cheston.
90 MARTIN'S BENCH AND BAR
Benjamin H. Brewster, 1 appointed June , 1841
Henry M. Phillips, May 6, 1845
Peter A. Browne, May , 1845
'Horn R. Kneass, May ,1847-8
Elihu DeKalb Tarr, Oct. , 1849
Joseph Pfeiffer Loughead, 1 " , 1850
William Deal Baker, " Dec. , 1851
FOR SOUTHWARK.
Incorporated by Act of March 26, 1762.
And by Act of April 18, 1794."
Joseph M. Doran, in office , 1835
Peter Crans, elected Oct. , 1839
John W. Ashmead, " - , 1848
FOR THE NORTHERN LIBERTIES.
District formed by Act of March 28, 1803.
Solicitor to be elected by Ordinance of June i, 1830.
James A. M ah any, appointed
Charles Naylor, elected from
Marshall Sprogell,
William M. Kennedy, vice Sprogell
Robert B. Knight. elected
William Wilkinson, "
John Wayne Ashmead,
Frederick C. Brightly,
John F. Belsterling, ' "
James Goodman, "
FOR MOYAMENSING.
District created by Act of March 24, 1812.
Henry Helmuth, elected , 1831
Samuel F. Reed, " June , 1838
Horn R. Kneass, " J&39 to 1842
Samuel F. Reed, 3 " July , 1842
1 Attorneys for forfeited recognizances.
'The reason why it is impossible to obtain a list of the Solicitors of South -
wark is, because no such list was ever made out by any person. The Minute-
books of the Corporation pf Southwark, as well as of all other districts. \vi- re-
ordered to be placed in charge of City Councils after Consolidation. This di
rection was but partially enforced. Many of the books were carried off !>y
individuals. I saw, some years ago, a Minnte-book of the Corporation of
Southwark in the possession of a gentleman of this city, who claimed it to be
his private property. It is said that for some years after Consolidation, a large
number of books belonging to the District Corporations, with other papers, were
stored over the Mayor's office at Fifth and Chestnut streets; but I have not
been able to verify this statement.
3 Appointed pro tern,, vice Kneass, resigned.
OF PHILADELPHIA. 91
James Hanna, elected , 1845
Robert K. Scott, " Nov. , 1845
Francis Dimond, -, 1847-8
William D. Barnes, 1 Dec. 4, 1848
Francis Dimond, J an 'y I ? l &5
Andrew Miller, " Dec. , 1851
Lewis C. Cassidy, " , 1852
John Wayne Ashmead, , 1853
Edward C. Quin, " , 1854
FOR SPRING GARDEN.
District established by Act of March 23, 1813.
Solicitors elected by Ordinance of June 18, 1832.
Peter A. Browne, appointed Jan'y , 1820
James Page, " J an 'y > 1824
Samuel Chew, " , 1826
Robert Bethell, elected , 1832
Eli K. Price, , 1833
John Miles, in office , 1835
Charles Naylor, elected Dec. , 1835
EH K. Price, " Dec. , 1837
Henry M. Phillips, Dec. 8, 1841
Joseph Allison, Dec. 4, 1848-51
Robert Bethell, " Dec. , 1851
Leonard Myers. , 1854
FOR KENSINGTON.
Incorporated by Act of March 6, 1820.
Office created by Ordinance of Nov. 7, 1843.
John M. Read, appointed Sept. -, 1842-6
Elihu DeKalb Tarr, 2 , 1846-50
John G. Michener, " , 1850
Harlan Ingram, " , 1852
John G. Michener, " , 1854
FOR PENN TOWNSHIP.
Created by Act of . March 21, 1827.
Incorporated by Act of Feb. 26, 1844.
George M. Wharton, appointed , 1844
J. Murray Rush, 1845 to ^46
Horn R. Kneas, " 1848 to 1850
David Webster, " Oct. 22, 1850
Henry T. Grout, " , 1851
David Webster, , 1854
1 Collector of outstanding debts, 1847-8.
- See his Digest of the Ordinances.
92 MARTIN'S BENCH AND BAR
FOR WEST PHILADELPHIA.
Created a Borough, Feb. 17, 1844.
Title changed to District, April 3, 1851.
Henry M. Phillips, appointed May 3, 1842
George Emlen, " April , 1849
George L. Ashmead, 1 " before .1850
William W. Wallace, " June , 1850
Henry M. Phillips, 1851 to 1854
FOR RICHMOND.
Incorporated Feb. 27, 1847.
William E. Lehman, appointed April , 1847
Edward C. Graeff, " Oct'r , 1849
Thomas W. Higgins, " 1853 and 1854
FOR MANAYUNK BOROUGH.
Charles D. Freeman, appointed April , 1847
FOR THE BOARD OF HEALTH.
Samuel E wing, in office 1812 to 1818
Charles Naylor, " 1835 to 1838
Benjamin Gerhard, " 1838 to 1841.
J. Altamont Phillips, " 1841 to 1854
FOR THE GUARDIANS OF THE POOR.
James Mil nor. in office , 1809
Richard Rush,
Samuel Ewing,
James A. Mahany,
Joel B. Sutherland,
John M. Scott,
James Hanna,
1810
1815
before , 1822
1822 to 1835
1835 to 1850
Charles Gilpin, resigned Feb. , 1850
Henry S. Hagert, in office Oc. 16,1850-54
Since the Act of Consolidation the City Solicitor or his assist-
ants, represent all the Departments of the city.
The Recorder's Court,
OF THE NORTHERN LIBERTIES, KENSINGTON AND
sl'IUNG GARDEN.
Established by Aft of June 16, 1836.
This Court was abolished by Act of March 19, 1838, creating
the Court of Criminal Sessions. It was irreverently called " The
Flaxseed Court."
1 Sec copy of Ordinances, edited by him in 1851.
or PHILADELPHIA. 93
PRESIDENT.
Robert T. Conrad, commissioned July 16, 1836
ASSOCIATES.
The Aldermen of the Districts.
I have had no opportunity of examining the Records of the
Districts ; in fact, I believe they have all been destroyed, hence
these imperfect lists. There were ho City Directories printed in
1836 or 1838, and that of 1837 contains no lists of the Aldermen,
except those of the City proper. Being unable to find out the
names of the gentlemen who sat as Associates, application was
made to the author of the History of Philadelphia for any infor-
mation he had on the subject. He replied as follows :
" By an Act passed in 1 832, seven Aldermen were to be appointed for the Dis-
trict of the Northern Liberties. John T. Goodman, Nathan Harper, John Laws,
|ohn R. Walker, Frederick Wolbert, Peter Hay and John Conrad were ap-
pointed in 1833. Some one of these must have died, resigned or declined,
because Mordecai Y. Bryant was appointed April I7th, 1833, in the place of
somebody; John M. Cannon was appointed April 1510,1834; and Michael
Andress April i6th, 1836. The three latter were probably in commission at
the time the Recorder's Court was created ; but we do not know which four
of the seven first above named were in service at that time. The Spring Gar-
den Aldermen, by Act of 1832, were four in number. There were appointed
in 1833 : Morton McMichael, Charles Souder, John L. Woolf and Freeman
Scott. June 2Oth, 1836. Martin W. Alexander was appointed. We presume
that he was the successor of Charles Souder, who died. June 2, 1836. By Act
of 1832 four Aldermen were to be appointed for the District of Kensington,
and in 1834 the number was increased to five. In 1833 the four Aldermen
were : Hugh Clark, Isaac Boileau, Robert Hodgson and David Snyder.
William B. Mott was appointed December 7th, 1835. On December gth, 1836,
Samuel Weyant replaced one of the foregoing, but we do not know who."
Frederick Wolbert, an Alderman of the Northern Liberties, died June 19, 1836.
The Mayors,
OF THE NORTHERN LIBERTIES.
Under the Acts of June 16, 1836, and March 7, 1840.
John Conrad, from 1836 to 1840
Edward D. Corfield, 1 July 13, 1840
John M. Cannon, " 1840 to 1844
John F. Belsterling, " 1844 to 1849
William Wilkinson, " 1849 to I ^5 I
George M. Howell, 1851 to 1854.
1 Corfield was elected by the Board of Commissioners, for the unexpired
term of Conrad, who resigned.
13
MARTIN'S BENCH AND BAR
The Mayors,
OF THE CITY OP PHILADELPHIA.
Hanging in the office of the Mayor will be found portraits of
all the gentlemen who have held this office, except that of Captain
Matthew Lawler and that of Col. James Nelson Baker, of whom
no likenesses are known to exist.
Edward Shippen, by the Charter
Anthony Morris, by Common Council
Griffith Jones, "
Joseph Wilcox,
Nathan Stanbury,
Thomas Masters,
Richard Hill,
William Carter,
Samuel Preston,
Jonathan Dickinson,
George Roche,
Richard Hill,
Jonathan Dickinson,
William Fishbourne,
James Logan,
Clement Plumsted,
Isaac Norris,
William Hudson,
Charles Read,
Thomas Lawrence,
Thomas Griffitts,
Samuel Hasell,
Thomas Griffitts,
Thomas Lawrence.
William Allen,
Clement Plumsted,
Thomas Griffitts,
Anthony Morris,
Edward Roberts,
Samuel Hasell,
Clement Plumsted,
William Till,
Benjamin Shoemaker,
Edward Shippen,
James Hamilton,
William Attwood,
Charles Willing,
Thomas Lawrence,
William Plumsted,
Oct.
2 5>
1701
Oct.
5>
1703
Oct.
3.
1704
Oct.
2,
1705
Oct.
i,
1706
Oct.
7>
1707
Oct.
4,
1709
Oct.
3>
1710
Oct.
2,
1711
Oct.
7,
1712
Oct.
6,
1713
Oct.
5
1714
Oct.
i,
1717
Oct.
6,
1719
Oct.
2,
1722
Oct.
7i
1723
Oct.
6,
1724
Oct.
5>
1725
Oct.
4,
1726
Oct.
i,
1728
Oct.
7,
1729
Oct.
6,
i73i
Oct.
2,
1733
Oct.
I,
1734
Oct.
7.
'735
Oct.
5>
1736
Oct.
4,
1737
Oct.
3'
1738
Oct.
2,
J739
Oct.
7>
1740
Oct.
6,
1741
Oct.
5.
1742
Oct.
4,
^743
Oct.
2,
1744
Oct.
i,
1745
Oct.
7,
1746
Oct.
4,
1748
Oct.
3.
1749
Oct.
2,
175
OF PHILADELPHIA. y ; ">
Robert Strettell, by Common Council Oct. i, 1751
Benjamin Shoemaker, Oct. 3, 1752
Thomas Lawrence, Oct. 2, [753
Charles Willing, " Oct. i, 1754
William Plumsted, Dec. 4, 1754
Attwood Shute, " Oct. 5, 1756
Thomas Lawrence, Oct. 15, 1758
John Stamper, " Oct. 2, 1759
Benjamin Shoemaker, " Oct. 7, 1760
Jacob Duche, " Oct. 6, 1761
Henry Harrison, " Oct. 5, 1762
Thomas Willing, " Oct. 4, 1763
Thomas Lawrence, " Oct. 2, 1764
John Lawrence, " Oct. i, 1765
Isaac Jones, " Oct. 6, 1767
Samuel Shoemaker, " Oct. 3, 1769
John Gibson, Oct. i, 1771
William Fisher, Oct. 5, 1773
Samuel Rhoads, " Oct. 4, 1774
Samuel Powel, " Oct. 3, 1775
THE REVOLUTION,' office vacant 1776 to 1789
Samuel Powel, by the Councils Oct. 2, 17891
Samuel Miles, " Oct. i, 1790
John Barclay, " Oct. 7, 1791
1 During the occupation of Philadelphia by the British, Samuel Shoemaker
was continued the first Magistrate of Police, by the King's authority. He died
Oct. 10, 1800, aged 76. years. See Pou/son's Advertiser, Oct. II, 1800. The
author of the History of Philadelphia replied to a query, " How was the city
governed during the Revolution, from 1776 to 1789 ?" in the Sunday Dispatch
of Oct. 15, 1882, that, " The last election for Mayor under the Proprietary Char-
ter, was on the 3d day of October, 1775, and there had been no meeting for six
months previously. There was no meeting afterward until the 1 7th of February,
1776, and that was the last upon the Minutes. Why the City Charter was con-
sidered to be superseded by the events of the Revolution, is a political rather
than a legal question. By the events of the Revolution the people claimed to
have succeeded to every right which the Proprietaries had under the royal Char--
ter, and which the Assembly and every local government had. It was an accepted
fact, after the 4th of July, 1776, that the old government was overthrown. The
Convention of the State of Pennsylvania, in 1776, appointed a large number of
Justices of the Peace for the City and County, among whom were Benjamin
Franklin, John Dickinson and George Bryan. They were required, before
assuming their duties, to take an oath of allegiance to the State of Pennsylvania,
and renunciation of the authority of George HI. Under the Constitution of
1776, Justices were elected, two for each ward, &c., and they were commis-
sioned March 28th, 1777, for the city, and for the city and county June 6th, of
the same year. After that justices were appointed and elected for the city up-
to the time of the second City Charter. No Aldermen were appointed within .
that period. During the interval the municipal government was suspended.
The affairs of the city seemed to have been carried on by Councils of Safety,
Wardens and Street Commissioners officers having authority under old Acts
nf Assembly. The Wardens had control of lighting the streets, and the Com-
MARTIN'S BENCH AND BAR
Matthew Clarkson, by the Councils
Hilary Baker,
Robert Wharton,
John Inskeep,
Matthew Lawler,
John Inskeep,
Robert Wharton, "
John Barker,
Robert Wharton,
Michael Keppele,
John Barker,
John Geyer, "
Robert Wharton, "
James Nelson Barker, "
Robert Wharton, "
Joseph Watson,
George Mifflin Dallas, 1
Benjamin Wood Richards, "
William Milnor, "
Benjamin Wood Richards, 1 "
John Swift, "
Isaac Roach, "
John Swift, "
John Morin Scott, elected
Peter McCall, "
John Swift, "
Joel Jones, "
Charles Gilpin,
Robert Taylor Conrad, 3 "
Richard Vaux, 3 "
Alexander Henry, 8 "
Morton McMichael, 8 "
missioners of paving them and keeping the highways in repair. \Ve preMime
thai there were no watchmen during the Revolution, except the military guards.
This whole subject is worthy of special study by some one who has a legal
education and plenty of time for investigation. An exceedingly interesting
paper in reference to the interregnum in municipal, as well as in State affairs,
could be written. In regard to offences triable in the City Court, as there was
no such tribunal during the Revolution, all cases of crime had to be tried in
the Quarter Sessions for the County of Philadelphia because in law, or at
least by general consent, there was no City of Philadelphia in existence."
1 By the Act of April 4, 1796, the Councils were to elect the Mayor on the
third Tuesday in October. The Act of April 10, 1826, repealed the 5th section
of the Act of April 4, 1796, requiring the Mayor to be elected from among the
Aldermen, and authorized Councils to elect any citizen, and the Act of June
21, 1839, gave the people the right to elect the Mayor, Councils to elect where
no candidate received a majority ; in 1839 Swift was elected by Councils.
'Died July 12, 1851, aged 53 years.
3 Inaugurated. Joseph F. Marcer has been Mayor's Clerk since Jan. I, 1873.
Oct.
5.
1792
Oct.
21,
1796
Oct.
ig,
1798
Oct.
21,
1800
Oct.
20,
1801
Oct.
J 5
1805
Oct.
21,
1806
Oct.
18,
1808
Oct.
16,
1810
Oct.
X 5
1811
Oct.
20,
1812
Oct.
19,
1813
Oct.
18,
1814
Oct.
19,
1819
Oct.
17,
1820
Oct.
^9>
1824
Oct.
21,
1828
April
,
1829
Oct.
20,
1829
Oct.
19,
1830
Oct.
16,
1832
Oct.
16,
1838
Oct.
15,
: 339
Oct.
12,
1841
Oct.
8,
1844
Oct.
14,
1845
Oct.
9>
1849
Oct,
8,
1850
June
13,
1854
May
13,
1856
May
n,
1858
Jan'y
i,
1866
OF PHILADELPHIA.
Daniel Miller Fox, 1 elected
William StrumburgStokley, 1 "
Samuel George King, 2 "
Jan'y
Jan' i
April
4, 1869
i, 1872
4, 1881
The Recorders,
OF THE CITY OF PHILADELPHIA.
See Minutes of the Common Council, <2rY.
Thomas Story, by the City Charter Oct.
David Lloyd, by Common Council
Robert Assheton, " Aug.
Andrew Hamilton, " June
William Allen, " Aug.
Tench Francis, " Oct.
Benjamin Chew, " Aug.
Andrew Allen, 3 " June
Alexander Wilcocks, by Councils
Alexander J. Dallas, by Governor
Moses Levy, "
Mahlon Dickerson,
Joseph Reed,
Joseph Mcllvaine/
John Bouvier,
2 5>
>
3>
12,
7i
2,
29,
25,
1701
1702
1708
1727
1741
175
Samuel Rush, 5
Richard Vaux, 6
Robert M. Lee,
Joseph Eneu,
James Given, 7
Matthew Stanley Quay, 8
David H. Lane,
July
Oct.
Aug.
Jan'y
April
Aug.
May
Mar.
April
April
Jan'y
22,
,
19,
9,
30,
i,
18,
12,
15,
1 8,
31,
1774
1789
1801
1802
1808
1810
1829
1836
1838
1841
1847
1858
1868
1878
1879
Police Magistrates.
In accordance with the requirements of the i2th Section of
Article V, of the Constitution of 1873, tne Assembly, by Act of
Feb. 5, 1875, authorized the election of a Police Magistrate, (to
serve for five years from the first Monday in April), for every
30,000 inhabitants of the City of Philadelphia. The Courts
therefor to be located by Councils, and indicated by numbers;
the Magistrates to choose their Courts by lot ; and in the election
1 Inaugurated.
'-' Klected under the Constitution of 1873, on the third Tuesday in Feb., the
term of office to commence the first Monday in April next ensuing.
:i Andrew Allen was declared a traitor, and the office was vacant until 1789.
4 Resigned in December, 1835. 5 Resigned July 22, 1841.
6 Resigned May 17, 1847.
7 Given died, Oct. II, 1880, aged 46 years.
* Appointed under the Act of April 18, 1878. Resigned Jan. 28, 1879.
98 MARTIN'S BENCH AND BAR
for Magistrates, no voter to vote for more than two-thirds of the
number to be elected. By the Constitution the office of Alder-
man, in Philadelphia, was abolished.
1. Jesse S. Bonsall, elected Feb. 16, 1875
2. William B. Collins, " Feb. 16, 1875
3. Andrew Alexander, Sr., " Feb. 16, 1875
4. T. Sprole Leisenring, " Feb. 16, 1875
5. William H. List, " Feb. 16, 1875
6. Hugh Franklin Ken nedy, " Feb. 16, 1875
7. John McClintock, " , Feb. 16, 1875
8. Robert R. Smith, " Feb. 16, 1875
9. William A. Thorp. " Feb. 16, 1875
10. John F. Pole, " Feb. 16, 1875
11. Wilson Ker, " Feb. 16, 1875
12. Ezra Lukens. " Feb. 16, 1875
13. Charles E. Pancoast, " Feb. 16, 1875
14. John Develin, 1 " Feb. 16, 1875
15. Luke V. Sutphen, " Feb. 16, 1875
16. Stuart Field, " Feb. 16, 1875
17. Henry Smith, " Feb. 16, 1875
18. Benton O. Severn, Feb. 16, 1875
19. David Hanley Stone, " Feb. 16, 1875
20. Alfred T. Snyder, " Feb. 16, 1875
21. Thaddeus Stearne, " ' Feb. 16, 1875
'22. George R. Krickbaum, " Feb. 16, 1875
23. Thomas H. Clark, " Feb. 16, 1875
24. Thomas Randall, " Feb. 16, 1875
14. John T. Thompson, 1 appointed Feb. 19, 1878
15. Joseph S. Allen, 2 " Sept. 14, 1879
SECOND TERM.
1. William A. Thorp, elected Feb. 17, 1880
2. John King Findlay, " Feb. 17, 1880
3. Henry H. Everly, 8 Feb. 17, 1880
4. Hugh Collins, " Feb. 17, 1880
5. William H. List, " Feb. 17, 1880
1 Develin died, May ii, 1877, and John T. Thompson was appointed by the
Governor to fill the vacancy, and elected Feb. 19, 1878, for five years.
- Appointed by the Governor vice Sutphen, dec'd. By the Act, the Governor
fills a vacancy until the first Monday in the next succeeding April. The va
cincy to be supplied at next municipal election, for the full term of five years,
as in case of Thompson, of Court No. 14.
' Henry H. Everly, of Court No. 3, died May 23, 1881, aged 45, and on
May 26, Lieut. James L. Brown was appointed to fill the vacancy, and elected
on the third Tuesday in February, 1882, to serve five years from the first Mon
day in April.
OF PHILADELPHIA. 99
6. John B. Martin, elected Feb. 17, 1880
7. John McClintock, " Feb. 17, 1880
8. Robert R. Smith, " Feb. 17, 1880
9. Richard J. Lennon, " Feb. 17, 1880
10. John F. Pole, " Feb. 17, 1880
n. Albert H. Ladner, " Feb. 17, 1880
12. Ezra Lukens, " Feb. 17, 1880
13. Charles Brown, " Feb. 17, 1880
14. John T. Thompson, Feb. 19, 1878
15. Joseph S. Allen, " Feb. 17, 1880
16. William P. Becker, " Feb. 17, 1880
17. Henry S. Myers, " Feb. 17, 1880
18. Benton O. Severn, " Feb. 17, 1880
19. Joseph S. Riley, " Feb. 17, 1880
20. Robert J Barr, " Feb. 17, 1880
21. Thomas W. South, " Feb. 17, 1880
22. George R. Krickbaum, " Feb. 17. 1880
23. Thomas H. Clark. " Feb. 17, 1880
24. Thomas Randall, " Feb. 17, 1880
3. James L. Brown, appointed May 26. 1881
The High Sheriffs,
OF PHILADELPHIA.
By the Frame of Government, of April 25, 1682, i C. R., xxvii.,
the freemen of the counties were to elect annually, on April 23d,
" a double number of persons to serve for Sheriffs, Justices of the
Peace and Coroners, for the year next ensuing, out of which re-
spective elections and presentments, the Governor, or his Deputy,
shall nominate and commissionate the proper number for each
office the third day after the said presentments; or else the first-
named in such presentment for each office shall stand and serve
for that office the year ensuing." No Sheriff could continue in
office more than three successive years, or be capable of being
again elected during four years afterwards. By the Constitution,
Sept. 4, 1790, Article 6, Section i, the people were to elect two
persons, the Governor to appoint one of them. See also Act of
Sept. 29, 1789. No person to be chosen twice in any six years.
The same law applies to Coroners, and should the Sheriff die, the
Coroner of the proper county shall execute his office. They shall
hold their offices for three years, and until a successor shall be
duly qualified. The amended Constitution of 1838 says, in re-
gard to Sheriffs and Coroners : One person shall be chosen for
each office, who shall be commissioned by the Governor. Vacan-
cies to be filled by an appointment, to be made by the Governor,
until the next general election, and until a successor shall be duly
qualified. The Coroner to execute the duties of the office until
100
MARTIN'S BENCH AND BAR
another Sheriff shall be duly commissioned. No person shall be
chosen or appointed twice in any term of six years.
John Test, 1
Benjamin Chambers,
Samuel Hersent,*
William Carter,
John Claypoole, 3
John White,
John Claypoole, 4
Dr. John Crapp, 5
Thomas Farmer, 6
John Finney, 7
Benjamin Wright, 8
John Budd, 9
John Finney, 10
Peter Evans,
John Budd,
Owen Roberts, 11
Owen Owen, 12
Charles Read,
Septimus Robinson,
Joseph Brientnall,
Septimus Robinson,"
John Hyatt,
Nicholas Scull,
Richard Sewell, 1 *
I Mentioned as Sheriff; late a merchant of London, and Sheriff of Chester
county. See Smith's History of Delaware County, 529.
2 Commission extended one year, and commission recorded; i C. R.. 121.
*Held office until 4th II mo., 1689-90; I C. R., 280.
4 He was deposed as Clark and Sheriff, Feb. 12, 1697-8; I C. R., 498.
5 Chirurgeon (i C. R., 478], mentioned as a former Sheriff; 2 C. R., 15.
'He is mentioned as Sheriff, June 20, 1700, in the State Paper Office, Lon-
don. As former Sheriff, July 14, 1701 ; 2 C. R., 20. He resigned his office
"totransport himself to England;" loth, 6th mo., 1703; 2 C. A'., 98.
7 John Budd was elected in October, 1704, but the Lieut. Governor refused
to commission him, and continued Finney; 2 Logan Papers, 185.
8 Ousted for an official failure, Feb. 6, 1706; 2 C. J?., 241, 369.
9 In office until October, 1706; 2 Logan Papers, 185.
10 Called "present Sheriff." John Budd and Henry Flower, were elected
Sheriffs, Oct. I, 1706; but the Lieut. Governor refused to notice their election.
and Captain John Finney is called "present Sheriff," (2 C. R., 308). Finney
resigned, Feb. i, 1706-7.
II Mentioned as Sheriff of the previous year, and re-elected. No Sheriff men
tioned by name in 1722, 1723, 1724 and 1725,
12 Died Aug. 5, 1741. 13 Died Jan. 7, 1767.
14 In Colonial Records, Richard Sewell. See 5 C. R., 120. In Minutes oj
Common Council, 546, it is Shewell. His signature is Sewell; but these art-
but two spellings of the same family name.
mentioned
Mar. 10, 1682-3
commissioned
Oct. 24, 1683
it
Oct. 23, 1684
it
Nov. 19, 1686
n
18,9 mo., 1687
in office
April 26, 1693
sworn in
April 29, 1693
mentioned
21, 3 mo., 1701
appointed
Oct. 25, 1701
< <
10, 6 mo., 1703
commissioned
Oct. 4, 1705
appointed
Feb. 6, 1705-6
in office
Jan. 27, 1706-7
mentioned
April 18, 1707
n
May 19, 1712
Oct. 3, 1717
commissioned
Oct. 4, 1726
Oct. 4, 1729
it
Oct. 3, 1732
Oct. 3, 1735
Oct. 4, 1738
Oct. 3, 1741
a
Oct. 4, 1744
Oct. 3, 1747
OF PHILADELPHIA.
101
Isaac Griffiths, 1
Samuel Morris,
James Coultas,
Samuel Morris, 2
Joseph Redman, 2
William Parr,
Joseph Redman,
Judah Foulke,
William Dewees,
William Masters, 3
James Claypoole/
William Will,
Thomas Proctor,
Joseph Cowperthwaite,
James Ash, 5
William Will,
John Baker,
Jonathan Penrose,
Israel Israel,
Gen'l John Barker, 6
William T. Donaldson,
Col. Francis Johnston,
Jacob Filler,
Thomas Truxtun, 7
Caleb North,
Jacob G. Tryon, 8
John Douglass, 9
Jacob Strembeck,
George Rees,
Benjamin Duncan,
John G. Watmough,
Daniel Fitler,
Henry Morris, 10
William A. Porter, 11
commissioned
elected
appointed
elected
appointed
elected
appointed
Oct.
3'
^S
March 6,
1752
Oct.
4,
*755
Oct.
25,
1758
Oct.
4,
1762
Oct.
4,
1764
Oct.
5>
1767
Oct.
4,
1770
Oct.
4,
1773
Oct.
5
1776
June
13,
1777
Oct.
14,
1780
Oct.
20,
1783
Oct.
14,
1785
Oct.
30,
1788
1791
to
1794
1794
to
1797
1797
to
1800
1800
to
1803
1803
to
1807
1807
to
1810
1810
to
1813
1813
to
1816
1816
to
1819
1819
to
1822
Oct.
Z 9>
1822
1823
to
1826
1826
to
1829
1829
to
1832
1832
to
1835
1835
to
1838
1838
to
1841
1841
J
Dec.
,
1842
1 See 5 C. R., 561 ; March 6, 1752. Dismissed from office.
2 See 3 Pa. Archives, (ist series,) 635. Sheriff for 1761 not named, no doubt
Redman, as it appears to have been the rule to elect the same person for three
years successively.
3 He declined to act or to qualify, and the office appears to have been vacant
until June 13, 1777; n C. R., 217,222.
4 See in 8 Archives, 321, his letter of June 14, 1780, in reference to his ser-
vices. 5 See 15 C. R., 567, 579.
6 At the election in 1806, there was "no choice," and Barker remained in
office until 1807.
7 Commodore Thomas Truxtun was a distinguished officer of the United
States Navy, from which he had resigned. He died in Philadelphia, in 1822,
aged 77 years. 8 Died in 1823.
9 Afterwards regularly elected and commissioned.
10 Died suddenly, Dec. i, 1842. "Appointed by Governor.
14 i
102
MARTIN'S BENCH AND BAR
Morton McMichael, elected
Henry Lelar,
William Deal,
Samuel Allen,
George Megee, 1
William H. Kern,
Robert Ewing. 2
John Thompson, in office
Henry C. Howell, elected
Col. Peter Lyle,
William R. Leeds,
William Elliott,
William H. Wright, 3
Enoch Taylor,
George deBenneville Keim,
Treasurers,
OF THE CITY OF PHILADELPHIA.
Edward Shippen, appointed
Owen Roberts, (called Receiver)
William Fishbourne, 4 appointed
Samuel Hasell, in office
Benjamin Shoemaker, appointed
Samuel Shoemaker, 5 "
John Shee. 6 in office
George A. Baker, "
James E. Smith, "
John Bacon, "
Cornelius Stevenson, elected
John Lindsay, "
Dr. F. Knox Morton, in office
William V. McGrath,
Benjamin H. Brown, "
Dr. James McClintock. 7 "
Henry Bumm, "
Joseph North Piersol,
Joseph Favinger Marcer, "
Peter Arrell Browne Widener, ' '
Delos P. South worth, "
Joseph J. Martin, elected
William B. Irvine, "
1 Died Jan. 18, 1882, aged 70.
2 His election was contested successfully, by Alderman John Thompson.
3 See Constitution of 1873, Article XIV, Section I.
4 Fishbourne was Treasurer July 24, 1728. When Hasell was appointed
does not appear; he held office at his death, in 1751. See Minules of Council.
5 Appointed in the place of Benjamin Shoemaker, and still in office Oct. 3,
1775. 6 See Accounts of Penna., p. 47. T Died Oct. 18, 1882, aged 73.
1843
to
1846
1846
to
1849
1849
to
1852
1852
to
i855
1855
to
1858
1858
to
1861
1861
to
1862
1862
to
1864
1864
to
1867
1867
to
1870
1870
to
1873
1873
to
1876
1876
to
1880
1880
to
1883
Nov.
7,
1882
IA.
June
i,
1705
July
22,
1712
Aug.
10,
1716
Oct.
II,
1736
July
15,
1751
July
6,
1767
1790
to
1797
1802
to
1813
1813
to
1815
1816
to
1830
Feb.
22,
1830
Dec.
*9
1850
1855
to
1857
1857
to
1859
1859
to
1861
1861
to
1863
1863
to
1867
1867
to
1869
1869
to
1871
1871
to
1877
1877
to
1879
Nov.
4,
1879
Nov.
7,
1882
OF PHILADELPHIA.
103
Coroners,
OP PHILADELPHIA.
before
appointed
commissioned
mentioned
elected
in office
mentioned
elected
Griffith Owen,
Henry Lewis,
Thomas Fitzwater,
Pentecost Teague,
William Lee,
Richard Walker,
Enoch Story,
Richard Walker,
Merrick Davis, "
Joshua Fincher, "
James Mackey, "
Merrick Davis, "
Owen Owen, "
Henry Pratt, "
George Heap, "
Thomas James, "
Thomas Boude, "
Peter Robeson, "
Caleb Cash, "
John Knight,
Robert Jewell, "
Joseph Rush, "
John Leacock, "
John Dennis, "
John Dickerson, 1 "
James Gregory, 2 "
Samuel Heintzelman, 3 "
Francis Brelsford, 4 "
Dr. Napoleon B. Leidy, 5 "
Oliver Brooks, 6 "
Jacob S. Haas, in office
Dr. Thomas O. Goldsmith, 7 "
Joseph Delavan, "
John R. Fenner, "
Anthony Conrad, "
William Taylor, "
Samuel Daniels, "
William Taylor, "
26, 7 mo., 1685
26, 7 mo., 1685
25, 7 mo., 1688
17, 7 br., 1703
16, 8 br., 1703
May 19, 1712
, 1716
1717 to 1721
1721 to -
1726 to 1728
Sept. i, 1728
1728 to 1729
1729 to 1741
1741 to 1749
1749 to 1751
I75 1 to J 754
1754 to 1757
1759 to 1763
1763 "to 1773
1773 to 1775
1775 to 1780
1780 to 1785
1785 to 1802
1802 to 1832
1832 to 1836
1836 to 1839
1839 to 1843
1843 to l8 45
1845 to l8 4 8
Oct. 10, 1848
1848 to 1851
1851 to 1854
1854 to 1857
1857 to 1860
1860 to 1863
1863 to 1866
1866 to 1869
1869 to 1870
1 Died in office, May I, 1836.
- Appointed in 1836; elected in 1839; died in office.
3 Appointed Oct. 21, 1839; elected, 1840. 4 Died in office.
5 Dr. Leidy was appointed Oct. 20. 1845, on the death of Brelsford, having
been previously elected on October I4th.
6 Died, Nov. 5, 1848. 'Elected Dec. 20, 1851; Died, Feb. 17, 1880.
104 MARTIN'S BENCH AND BAR
John Gilbert L. Brown, 1 in office 1871 to 1875
Dr. Kingston Goddard, " 1875 to l8 ?8
Dr. William Kent Gilbert, 2 1878 to 1880
Thomas J. Powers, appointed July 17, 1880
Dr. William S. Janney, elected Nov. 2, 1880
Masters of Rolls
AND THE RECORDER OF DEEDS.
The office of Master of Rolls was created by the 20th Section of
the laws agreed on in England, on the 5th day of the 3d month,
(May 7), 1682, viz: "And to prevent frauds and vexatious suits
within said Province, that all Charters, gifts, grants and convey-
ances of land (except leases for a year or under), and all Bills,
bonds and specialties above ^5, and not under three months,
made in said Province, shall be enrolled or registered in the Pub-
lic Enrollment office of the said Province within the space of two
months next after the making thereof, else to be void in law.
And all Deeds, Grants and Conveyances of land (except as afore-
said), within the said Province and made out of the said Province,
shall be enrolled or registered as aforesaid, within six months
after making thereof and settling and constituting an Enrollment
Office or Registry within said Province, else to be void in law
against all persons whatsoever." See Frame of Laws, i C. R.,
pp. xxvii., xxviii., Sections 17 and 18.
The Master of Rolls was the keeper of the " Publique Records
for the County of Philadelphia and for the Entring of all Judg-
ments of County, publique Proceedings of Justice, Legal Cases
and all other Instruments w oh are by Law to be inrolled and
Recorded :" i C. R., 214. The office of Recorder of Deeds
of Philadelphia was created by Act of May 28, 1715, and was
separated from that of the Master of Rolls by Act of Assembly
of March 14, 1777. Read's Digest, 341 ; Dallas' Laws, i
Vol., 731. The second section names the Recorders of Deeds
for each county. The Council appointed the Master of Rolls ;
the Assembly the Recorder of Deeds. The Act of March 29,
1809, abolished the office of Master of Rolls. A portion of the
Roll Books are in the office of the Secretary of the Common-
wealth, the rest in the office of the Secretary of Internal Affairs of
this State. In McCaraher v. The Commonwealth, 5 W. 6 S.,
p. 26, it is said by Judge Sergeant, in delivering the opinion of
the Supreme Court, that the office of Recorder of Deeds,
" although unknown to the common law, has been coeval with
our Province and State ; being part of the laws agreed upon in
Appointed in place of Taylor, who died in office, in 1870, and Brown was
afterwards elected in 1871, and died May 12, 1878, aged 53.
2 Died June 28, 1880, aged 50.
OF PHILADELPHIA. 105
England between William Penn arid the first purchasers in 1682,
and reduced after various efforts to a regular system by the Act
of 1715, which continues to be the foundation of our code on the
subject, and this office may be said to form the pivot on which
all our titles to real estate turn. The design of it has been to
furnish a permanent record of all titles and muniments of real
estate, and many of personal, to which parties may have recourse
for exemplifications that have the same force and efficacy as
the originals. But there is another equally, if not more impor-
tant design, which is to enable all persons to obtain knowledge
of the state of titles to real estate by deeds and conveyances, and
also of charges and encumbrances existing on them by way of
mortgage."
THE MASTERS OF ROLLS.
Thomas Lloyd, by letters patent 27, iobr., 1683
Patrick Robinson, Deputy, , 1685
William Markham, in office , 1688
Thomas Lloyd, 1 " 5, 7 mo., 1690
David Lloyd, Deputy, i, i mo., 1689
Patrick Robinson, commissioned June 15, 1694
David Lloyd, 2 in office 12^.7,1697-8
Thomas Story, commissioned 4 mo. 25, 1700
Griffith Owen, Deputy, May u, 1702
Maurice Lisle, Deputy., Feb y i, 1705
Charles Brockden, 3 " May 28, 1715
William Parr, " Sept. 28,1767
John Morris, Jr., " Mar. 22, 1777
Matthew Irwin, " Mar. 14, 1785
John M. Jrwin, Deputy, Mar. 27, 1800
Timothy Matlack, 4 April 14, 1800
The list of Masters of Rolls, printed in IX. Pa. Archives, 628.
(2nd series), is very imperfect and incorrect, for it is a matter of
history, that Charles Brockden was made Recorder of Deeds of
the County of Philadelphia, by the Act of May 28, 1715, and at
the same time appointed Master of Rolls, and that he held those
offices for over 52 years, and until his retirement, in 1767, so that
Andrew Hamilton, Thomas Hopkinson, William Allen, Tench
Francis, and Benjamin Chew, never were the Masters of Rolls,
nor did Andrew Allen ever hold such a position. On page 629
1 Resumed the office, 5th 7th mo., which he claimed was his for life.
2 1 Archives, 125. Perhaps a Deputy only.
3 A Clerk and Deputy (in 1712), under Mr. Story, and on his retirement was
appointed and commissioned Master of the Rolls, and was in office over 52
years. Resigned, 1767, and died Oct. 20, 1769, aged 95 years and 6 months.
4 Timothy Matlack, died April 15, 1829, aged 99 years.
106
MARTIN'S BENCH AND BAR
of the same work, Arthur Cook is given as the first Chief Justice
of the Province, from 1681 to 1684. As the Supreme Provincial
Court was created, by order of Council of y e ist of y e 2d mo.,
1864, and as the Charter to William Penn was not signed until
March 4, 1681, the statement is unaccountable, and a serious
error in an official publication. The first Chief Justice was Dr.
Nicholas More, (not Moore), and C. J. Robeson's name was not
Robson, as given. The Register-General of Wills in 1712 is
called Hayne, it should be Mayne, the name of a distinguished
Irish family. There are many other errors in the lists given, but
they are not as important as those here corrected.
THE RECORDERS OF DEEDS.
Charles Brockden, by Act of May 28, 1715
William Parr, commissioned Sept. 28, 1767
John Morris, Jr., 1 by Act of Mar. 14, 1777
Matthew Irwin, commissioned Mar. 10, 1785
Edward Fox, in office 1 799 to 1809
James Carson, 1809 to 1815
Matthew Randall, 1815 to 1818
Isaac Worrell, 1818 to 1821
John Harrison, 1821 to 1824
George W. Riter, 1824 to 1830
Alexander McCaraher, 1830 to 1836
Samuel Hudson Fisher,' 2 1836 to 1838
John Swift, for unexpired term 1838 to 1839
George Smith, 3 in office 1839 to 1842
Richard L. Lloyd, 1842 to 1845
Andrew Miller, 1845 to 1848
George W. Colladay, 1848 to 1851
Thomas Helm, 4 1851 to 1854
Robert D. Wilkinson, 1854 to 1857
Albert D. Boileau, 1857 to 1860
Alfred C. Harmer, 1860 to 1863
Lewis R. Broomall, 1863 to 1866
Gen. Joshua Thomas Owen, 1866 to 1869
John A. Houseman, 1869 to 1872
F. Theodore Walton, 1872 to 1876
David H. Lane, 1876 to 1879
Gen. Louis Wagner, 1879 to l882
John O'Donnel, 1882 to -
Joseph Kennard Fletcher, Deputy.
1 Died March 9, 1785.
'Elected Nov. n, 1839.
*Died, Dec., 1838.
4 Died, Aug. 6, 1880, aged 72.
OF PHILADELPHIA.
107
Collectors of Excis
PHILADELPHIA.
Owen Roberts, appointed
Charles Read, in office
John Hyatt, appointed
Joseph Wharton, "
Rees Meredith, in office
Judah Foulke,
Joseph Redman, "
Joseph Stretch, 1 appointed
Richard Pearne, died in office
William Crispin, "
Edward Bartholomew, 2 "
e,
July 12, 1712
1725 to 1734
> Z 734
, 1740
to i 744
to 1745
to 175
> J 757
, 1762
> I 77 I
Nov. 21, 1782
Treasurers,
OF PHILADELPHIA COUNTY.
Benjamin Chambers,
Evan Owen,
Thomas Leech,
Philip Syng,
Barnaby Barnes,
Cornelius Barnes,
Isaac Snowden,
John Baker,
Robert McMullen,
Michael Baker,
Peter Hertzog,
Daniel B. Lippard,
James S. Huber,
William Moulder,
Philip Peltz,
William Stephens,
George W. South,
George Read,
Joseph Plankinton,
James Page,
Pen rose Ash,
John H. Dohnert,
John F. Deal,
Solomon Wagner,
Robert G. Simpson,
John M. Coleman,
Deputy Feb.
22,
1684
in office
j
1724
1756
to
1758
1758
to
1769
" 1769
to
1777
1777
to
1781
1781
to
1790
" 1790
to
1807
1807
to
1811
1811
to
1816
i
T Q T
)
I ol O
1816
to
1824
1824
to
1827
1827
to
1830
1830
to
1833
1833
to
1836
1836
to
1839
1839
to
1841
1841
to
1842
1842
to
1844
1844
to
1846
1846
to
1848
' 1848
to
1850
1850
to
1852
1852
to
1854
1854
to
1856
1 Died about April i, 1771.
2 Appointed in place of Crispin; held office until 1792.
108 MARTIN'S BENCH AND BAR
Board for the Revision of Taxes.
Established by the Act of March 14, 1865 ; term three years.
The Board to consist of two persons and the Senior City Com-
missioner ; the Senior in 1865 was John Given ; the second year,
1866, Philip Hamilton, and the third, Thomas Dixey, whose
term expired by Act of February 2, 1867, and was succeeded by
Samuel Haworth. By Act of Feb. 2, 1867, an additional person,
instead of the Senior City Commissioner, all three to be appointed
by the Judges of the Court of Common Pleas.
MEMBERS OF THE BOARD.
John Given, by the Act Mar. 14, 1865
William Loughlin, appointed May 6, 1865
Andrew Doz Cash, " May 6, 1865
Thomas Cochran, vice Cash Oct. 30, 1865
Philip Hamilton, Corns 'r, , 1866
Thomas Dixey, " , 1866-7
Samuel Haworth, under Act of Feb. 2, 1867
James Howard Castle, 1 appointed J an 'y !> l &77
George Walter Fairman, 1 " Mar. 30, 1878
CHIEF CLERK.
James Wesley Sayre, appointed Nov. i, 1866
Marshals of Police.
To be elected for three years, under the Act of May 3, 1850.
Act repealed May 13, 1856.
John S. Keyser, elected Oct. 8, 1850
Col. John K. Murphy, 2 " Oct. n, 1853
Chiefs of Police.
This office was created by Act of May 13, 1856, to take effect
at the end of the term of the Marshal of Police. The Chiefs to
be appointed by the Mayor, to hold office during his pleasure.
Samuel G. Ruggles, appointed May , 1857
Gen. St. Clair A. Mulholland, " , 1868
Kennard H. Jones, 8 " , 1871
Col. Samuel Irvin Givin, " July , 1879
1 Castle was appointed in place of Cochran, who resigned. He died March
18, 1878, aged 60 years, and Fairman was appointed to fill the vacancy.
2 He died Feb. 10, 1876, aged 79.
3 Died, July 6, 1879.
OF PHILADELPHIA. 109
Fire Marshals.
Under Ordinance of April 20, 1864.
Dr. Alex. W. Blackburn, 1 appointed , 1864
James S. Thompson, " , 1871
Col. Harrison G. Clark, " Jan. , 1872
William R. Heins, 2 " Sept. 27, 1882
Charles W. Wood, " Oct. 19, 1882
Chief Engineers of the Fire Department,
OF THE CITY OF PHILADELPHIA.
Appointed under Ordinance o/ January 30, 1855, an ^ ty *he Board
of Fire Commissioners, organized by -Ordinance of 1870,
to go into operation January 3, 1871.
Benjamin A. Shoemaker, appointed , 1855
Samuel Patrick Fearon, , 1856
David M. Lyle, J Sept. 10, 1860
Terence McCusker,' , 1867
George W. Downey, " Sept. 14, 1868
William H. Johnson, " July 3, 1871
John R. Cantlin, " Feb. n, 1879
City Controllers.
In Philadelphia, the duty of County Auditors was transferred
by the Act of Feb. 2, 1854, Section 12, to a City Controller, to
be elected every second year; P. Z., p. 30. By the Constitution
of 1873, tne term of Controller was increased to three years.
t
John H. Henderson, elected June 6, 1854
Stephen Taylor, " May 6, 1856
George W. Hufty, " May 4, 1858
"Joseph R. Lyndall, 5 Oct. 14, 1862
George Getz, " Oct. 13, 1868
Samuel P. Hancock, 6 in office Feb. 14, 1870
Robert Emory Pattison, 7 elected Nov. 7, 1877
Receivers of Taxes.
To be elected on the first Tuesday in May, 1856, to serve for
two years. County Treasurer appointed Receiver until the elec-
tion ; Act of Feb.' 2, 1854.
John A. Coleman, by Act of Feb'y 2, 1854
Peter Armbruster, elected May 6, 1856
1 Died Nov. 30, 1871, aged 56 years. 2 Died Oct. 18, 1882, aged 55.
'Died, Nov. , 1867. 4 Died, March i, 1877, aged 40.
5 Lyndall was elected Oct. 14, 1862, and re-elected in 1864 and 1866.
6 Died, April 5, 1879, a g d 65. 'Re-elected, Nov. 2, 1880.
15
110 MARTIN'S BENCH AND BAR
Armstrong I. Flomerfelt, elected May 4, 1858
William P. Hamm, May i, 1860
James C. Kelsh, Oct. 14, 1862
Charles O' Neil, Oct. 12, 1864
Richard Peltz, " Oct. 9, 1866
John M. Melloy, " Oct. 13, 1868
Richard Peltz, 1 in office Feb. 14, 1870
Robert H. Beatty, elected Oct. n, 1870
Thomas J. Smith, " Oct. 13, 1874
Albert C. Roberts, " Oct. 10, 1876
John Hunter, " Feb. 15, 18.81
Collectors of Delinquent Taxes,
FOR PHILADELPHIA.
Office established by Act of March 24, 1870, for three years.
John L. Hill, appointed 1870 to 1873
Henry Bumni, " 1873 to l8 7 6
William J. Donohugh, " 1876 to 1882
Henry B. Tener,' " July 20, 1881
List of the Common Councilmen,
OF THE CITY OF PHILADELPHIA.
From 1701 to 1777.
See City Charter and Minutes of Common Council, 1704/0 1776.
The body corporate to consist of the Mayor, Recorder, 8 Al-
dermen, and 12 Councilmen ; the latter afterwards increased.
1701 By City Charter John Parsons, William Hudson, William
Lee, Nehemiah Allen, Thomas Paschall, John Budd, Jr.,
Edward Smout, Samuel Buckley, James Atkinson,
Pentecost Teague, Francis Cook and Henry Badcocke.
1704 Robert Yeildhall, Joseph Yard, Thomas Griffith and John
Redman, Sr.
1705 Joshua Carpenter, Abraham Bickley, Thomas Bradford
and John Webb.
1707 Samuel Hall and John McComb.
1708 Henry Flower, Peter Stretch, David Griffine (or Giffing),
and George Claypoole.
1 A decree of the Court of Common Pleas, of Oct. 16, 1869, declared
Samuel P. Hancock elected City Controller ; Thomas J.Worrell, City Solicitor ;
Richard Peltz, Receiver of Taxes; Alexander McCuen, City Commissioner;
Charles Gibbons, District Attorney, and Richard Donegan, Prothonotary of
the Common Pleas. And on certiorari to the Supreme Court, the decision of
the lower court was affirmed on Feb. 14, 1870.
2 The Act of Feb. 14, 1881, consolidated the offices of Receiver of Taxes and
Collector of Delinquent Taxes. Mr. Hunter appointed Teneron July 20, 1881,
and the appointment was approved by the Mayor and Councils on January 3,
1882, but Donohugh said his appointment dated from April 7, 1879, for three
years, and he refused to vacate until April 7, 1882.
OF PHILADELPHIA. Ill
1711 Owen Roberts.
1712 Clement Plumsted, Gilbert Falconer, John Jones (Bolter),
and Nathaniel Edgcomb.
1713 Joseph Redman, John Warder, John Vanleer, George
Claypoole, William Fishbourne, Thomas Wharton and
Benjamin Vining.
1715 Anthony Morris, Jr., Daniel Radley and Thomas Redman.
1716 James Purrock, Samuel Carpenter, Richard Moore and
Charles Read.
1717 Samuel Powel, Edwards Roberts, George Fitzwater and
Evan Owen.
1718 Israel Pemberton, John Carpenter, John Cadwalader,
Joseph Buckley, Thomas Griffitts and Thomas Tresse.
1723 Robert Ellis, George Calvert and Edward Owen.
1724 Ralph Assheton.
1727 William Allen, Thomas Masters, Alexander Woodroppe,
Andrew Bradford, Isaac Norris, Jr. and Henry Hodge.
1728 Samuel Hasell and Thomas Chase.
1729 Peter Lloyd, Samuel Powel, William Atwood and Joseph
Turner.
1 730 James Steel, George Emlen, Abram Taylor, George Mifflin,
Samuel Powel, Jr. and John White.
1732 Samuel Mickle, Edward Shippen, George House, John
Dillwyn, Benjamin Shoemaker, Joseph England, James
Bingham and Joseph Paschal. Samuel Powel and Samuel
Powel, Jr., re-elected.
1739 William Till, Joshua Maddox, William Coleman, James
Hamilton, William Plumsted and Nathaniel Allen.
1741 Robert Strettell, William Parsons, Andrew Hamilton,
Samuel Rhoads and Thomas Hopkinson.
1742 Joseph Morris, Joseph Shippen, Joshua Emlen, Richard
Nixon, Samuel Austin and Isaac Jones.
1743 William Logan, Charles Willing, Attwood Shute and
Septimus Robinson.
1745 Alexander Graydon, John Inglis, Richard Stanley,
William Shippen, Thomas Bond and William Biddle.
1747 John Mifflin, John Stamper, John Sober, Tench Francis,
John Wilcocks, Samuel McCall, Jr., Phineas Bond and
John Sims.
1748 Benjamin Franklin and Thomas Lawrence, Jr.
1751 Council increased by nine Thomas Cadwalader, William
Coxe, Lloyd Zachary, Charles Norris, John Redman,
William Humphreys, Samuel Smith, Amos Strettell and
William Bingham.
1755 Edward Shippen, Jr., Samuel Mifflin, Alexander Huston,
John Wallace, Alexander Stedman. Andrew Elliot,
Samuel Morris, Jacob Duche, Samuel Shoemaker and
Thomas Willing.
112
MARTIN'S BENCH AND BAR
1757 Council increased eight more Henry Harrison, Daniel
Benezet, Charles Stedman, William Rush, John Swift,
Townsend White, William Vanderspiegel and Joseph
Wood.
1762 John Allen, John Lawrence, Evan Morgan, John Gibson
and Redmond Conyngham.
1764 James Tilghman and Archibald McCall.
1767 Andrew Allen, Joshua Howell, James Allen, William
Fisher, William Parr, Joseph Swift, John Wilcocks and
George Clymer.
1770 Joseph Shippen, Jr., John Cadwalader, Samuel Powel,
Alexander Wilcocks, Stephen Carmick and Peter
Chevalier.
1774 John Potts, Samuel Meredith, James Biddle, Samuel
Howell, Isaac Cox and Thomas Barclay.
Town Clerks,
WHO WERE ALSO CLERKS OF THE CITY COURT.
Robert Assheton, by City Charter Oct. 25, 1701
Ralph Assheton, 1 appointed Aug. 10, 1716
Andrew Hamilton, " Feb. 24, 1745
William Coleman, " Sept. 18, 1747
Edward Shippen, Jr., 2 " May 27, 1758
Presidents of the Select Council,
OF THE CITY OF PHILADELPHIA.
Under Act of April 4, 1796, drv.
Francis Gurney, elected
Henry Pratt,
Robert Patterson,
Benjamin Say,
Robert Ralston,
James Milnor,
George Bartram,
Samuel W. Fisher,
Liberty Browne,
Robert Ritchie,
Robert Wain,
George Vaux,
Thomas Kittera,
John Morin Scott,
Joseph Reed Ingersoll,
1 "To take effect Nov. 3Oth, when he comes of age." In office till 1745.
1 He held the office until the Revolution.
Oct.
Oct.
Oct.
1796
1799
1802
Oct.
Oct.
1805
1806
Oct.
1808
Oct.
Oct.
1809
1811
Oct.
Oct.
Oct.
1813
1814
1816
Oct.
Oct.
Dec.
1819
1824
1826
Dec.
1832
OF PHILADELPHIA.
113
William Morris Meredith, elected Dec., 1834
William Morris, ' Dec., 1849
John Price Wetherill, ' Dec., 1852
Jacob E. Hagert, ' Dec., 1853
John P. Verree, ' June, 1854
George Mifflin Wharton, ' May, 1856
Oliver Perry Cornman, May, 1859
Theodore Cuyler, May, 1860
James Lynd, ' Jan., 1863
Joshua Spering, ' Jan., 1867
William Strumburg Stokley, ' Jan., 1868
Samuel W. Cattell, ' Jan., 1870
William Edmund Littleton, ' Jan., 1872
Robert W. Downing, ' Jan., 1874
Dr. William W. Burnell, ' July, 1875
George A. Smith, Jan., 1876
George W. Bumm, . ' Nov., 1881
William B. Smith, April, 1882
Presidents of the Common Council,
OF PHILADELPHIA.
From 1701 to 1796, the Mayors of the City -were the Presidents
of the Common Council.
1796 Samuel Hodgdon, 1836-
1797 Kearney Wharton, 1840
1800 Robert Ralston, 1842
1801 Thomas Leiper, 1847-
1805 Timothy Paxson, J853-
1808 Thomas Leiper, ^54-
1810 Horace Binney, J 855-
1812 Thomas Leiper, 1856-
1814 John Hallowell, 1857-
1815 James S. Smith, 1858
1819 Joseph Worrell, 1862-
1820 James S. Smith, 1864-
1823 Joseph R. Ingersoll, 1865-
1824 Aquila A. Browne, 1867-
1825 Joshua Percival, 1869-
1828 James M. Linnard, 1871-
1829 Joshua Percival, 1872-
1830 Col. James Page, !873-
1832 Henry Troth, 1876
1881 William Henry Lex. 1
William Rawle,
Thomas S. Smith,
Samuel Norris,
Thomas Snowden,
John Yarrow,
John H. Diehl,
William P. Hacker,
William C. Patterson,
John Miller,
Charles B. Trego,
Wilson Kerr,
Alexander J. Harper,
William S. Stokley,
Joseph F. Marcer,
Louis Wagner,
Henry Huhn,
Louis Wagner,
A. Wilson Henszey,
Joseph L. Caven,
1 All the other officers of both branches of the City Councils were re-elected
on April 4, 1 881, by acclamation.
114 MARTIN'S BENCH AND BAR
Clerks of the Common Council.
1789 Anthony Morris, 1829 Nathan R. Potts,
1792 Robert Henry Dunkin, 1830 George Fox,
1796 William H. Tod, 1833 Robert Hare, Jr.,
1796 Edward Johnson Coale, 1836 Levi Hollingsworth,
1 80 1 John L. Leib, 1843 Henry Helmuth,
1802 Joseph Scott, 1846 Thomas Birch, Jr.,
1804 Samuel Holmes, 1852 Craig Biddle,
1810 Robert S. Greene, 1854 John M. Riley,
1812 Samuel Keemle, 1 1856 John D. Miles,
1815 John Cole Lowber, 1858 William Francis Small,
1819 Samuel Rush, 1861 George F. Gordon,
1820 John Cole Lowber, 1862 Philip H. Lutts,
1827 -Nathan R. Potts, 1864 William Francis Small,
1828 John Reynolds Vogdes, 1865 John Eckstein.
Clerks of the Select Council.
1796 William H. Tod, 1849 Edmund Wilcox,
r 8oi Edward Johnson Coale, 1855 Joseph Wood, Jr.,
1802 -John L. Leib, 1856 Henry C. Leisenring,
1806 Thomas Bradford, Jr., 1859 J. Barclay Harding,
1830 Archibald Randall, 1862 Emanuel Rey,
1833 Joseph G. Clarkson, 1863 Henry C. Corfield,
1840 Joseph Coleman Fisher, 1864 Benjamin H. Haines,
1846 Henry Helmuth, 1873 Joseph H. Paist.
THE MANUAL OF COUNCILS, a very valuable little work, now
issued annually, by Councils, containing the Rules of Government
of the Select and Common Councils, and other interesting and
necessary information, together with the names of the Members
of the Councils and their officers, and the names of the Heads of
the other City Departments, and of all persons employed in each,
was first issued in 1859. The Manuals for the years 1859-60 and
1 860-6 1, of which I have copies, were compiled by George W.
Gamble. George F. Gordon, assistant Clerk of the Common
Council, who was appointed Chief Clerk thereof in 1861, by
resolution, during the absence of General William Francis Small,
as Colonel of the 26th regiment of Pennsylvania volunteers,
compiled the Manual for 1862-63. By Ordinance of February
5, 1863, the Clerks of the Councils were authorized to compile
a Manual, and in accordance therewith, the Manual of 1863
was prepared by Philip H. Lutts, the then Chief Clerk, which
was used until 1866. The Manuals from 1866 to 1873, were
issued annually, and compiled by John Eckstein, Chief Clerk, and
from 1874 to 1879, by Joseph H. Paist, Chief Clerk of the Select
Council, who says the Manual was not issued regularly prior to
1866, which agrees with the statement of Mr. Lutts.
1 All the family now spell their name Keehmle.
OF PHILADELPHIA.
115
Presidents
OF THE BOARD OF THE GUARDIANS OF THE POOR.
PHILADELPHIA.
1830 Thomas P. Cope, 1856
-George W. Jones, 1857
-William G. Flanagan, 1858
-Daniel S. Beideman, 1859
-William G. Flanagan, 1860
-Michael Day, 1865
-Robert P. King, 1868
-Frederick M. Adams, 1874
-Joseph B. Smith, 1876
1882 John Huggard
1847-
1848-
1849
I8 5 2-
1853-
1854-
1855-
Oliver Evans,
James D. Brown,
Dr. George Huhn,
Eljhanan N. Keyser,
John M. Maris,
George Erety,
John M. Whitall,
John P. Verree,
James S. Chambers,
Harbor Masters,
FOR THE PORT
See Act of
Samuel Young,
William Hawks,
Caleb Earle,
William Hawks,
Caleb Earle,
George Bird,
Nicholas Esling,
Patrick Hayes, /
John F. Stump, 2
Gen. A. L. Roumfort,
William Abbott,
William Rice,
George Rex Graham,
Capt. Enoch Turley,
John D. Pettit,
George T. Thorn,
George J. Weaver,
Alexander P. Colesberry,
Joseph W. Bullock,
Capt. Henry R. Adams,
OF PHILADELPHIA.
March 22, 1803.
appointed Feb. 10, 1809
Jan. 20, 1812
Nov. 3, 1818
Mar. 15, 1821
Feb'y 7, 1824
May 13, 1828
Mar. 21, 1836
Feb'y 9, 1839
April 6, 1842
July ii, 1845
Aug. 22, 1848
Feb'y 4, 1852
Feb'y 16, 1855
Nov. 8, 1856
Mar. 31, 1858
Jan. 30, 1861
Jan. 28, 1867
Feb. 28, 1870
, 187?
, 1879
Presidents of the Board of Health.
The Health Office was established by Act of April I, 1803.
1803 Cornelius Comegys,
1805 Ebenezer Ferguson,
1807 Thomas C. James,
1 8 10 Ebenezer Ferguson,
1 Elected by acclamation on July 2, 1882.
2 Stump died, Feb. 6, 1882, aged 82.
1817 Liberty Browne,
1818 John Claxton,
1823 Cornelius Comegys,
1830 Joseph Worrell,
116
MARTIN'S BENCH AND BAR
1833 Dr. Rob't E.Griffith, Jr., 1855 Dr. Wilson'JeweU,
1835 Ralph W. Porneroy, 1857 William Bonsall,
1837 Dr. Henry Bond, 1858 Dr. Joseph R. Goad,
1839 James Hutchinson, 1858 Robert Lindsay,
1843 Thomas D - Grover, 1859 Dr. Paul B. Goddard,
1846 Dr. Nathan L. Hatfield, 1863 Dr. James A McGrea.
1848 Adam Traquair, 1868 Dr. Eliab Ward,
1849 J onn Lindsay, 1871
-Henry Davis,
1854 Jeremiah E. Eldridge, 1879
Dr. William H. Ford.
1881 Gen. Horatio Gates
Sickel.
Interpreters of the Board
of Health.
Peter Le Barbier Duplessis, French,
-> J 794
Peter S. Du Ponceau, French &> Eng.,
-. *. *
> *794
Charles Erdman, Ger. & Low Dutch,
? T 794
James Philip Puglia, Spanish,
-. M
J 794
John Holt Oswald, French & Spanish,
Sept. , 1805
J. Ulrich Rivardi, foreign languages,
May , 1806
George Taylor, Jr., "'
May , 1809
James Philip Puglia, "
May , 1809
Peter S. Du Ponceau, "
Nov. 22, 1810
Matthias J. O'Conway, 1 "
Jan. . 1811
Gharles Erdman, "
Nov. 26, 1813
Charles Currie, "
Oct. ; 1817
Benjamin Nones, "
Feb. 17, 1818
Samuel Keemle, German,
Nov. 26, 1818
Jacob Zeilin, 5 "
July 21, 1819
Joachim Fred'k Eckhard, "
Feb. 14. 1820
M. J. O'Conway, French & Spanish,
Feb. 14, 1821
Benjamin Nones, "
Mar. 14, 1821
Charles Le Brun, "
Aug. 23, 1822
Francis Becker, "
Oct. . 1822
Ignace Frazer, French,
Sept. , 1823
Port Physicians,
OF PHILADELPHIA.
Dr. Thomas Graeme, 3 in office
T - , q
. 1 / J o
Dr. Zachary Lloyd, appointed
Sept. 14, 1741
Dr. Thomas Bond, "
Sept. 22, 1741
Dr. James Hutchinson, consulting
*n-*
, 1790
Dr. Benjamin Rush, resident
, 1 790
Dr. James Mease, "
> 1795
Or S^niTlllpI Ollffiplrl /-nncijlfi-Mrr
T <7 n r
'Matthias James O'Conway, for forty years Public Interpreter, died Nov.
27, 1842, aged 77 years. 2 Vice Stock, resigned.
3 See I C. R., 524. Dr. Graeme died, Sept. 4, 1772, aged 84.
OF PHILADELPHIA. 117
ui. jctiucb nan, appuinita
> X 7yy
Dr. Samuel Duffield,
Jan. 27, 1800
Dr. John Syng Dorsey, "
T OT
j I8I 3
Dr. Alexander Knight, "
April 15, 1814
Dr. Josiah Stewart, "
July 24, 1827
Dr. William Carroll Brewster, "
Mar. 21, 1831
Dr. John A. Elkinton, "
Mar. 26, 1836
Dr. Isaac N. Marselis, "
Feb'y 9, 1839
Dr. Henry Dietrich, "
Mar. 5, 1845
Dr. William Henry, "
Dec. 14, 1848
Dr. David Gilbert, "
Feb'y 6, 1852
Dr. J. Howard Taylor, "
Feb. 16, 1855
Dr. Eliab Ward,
May 31, 1856
Dr. S P. Brown, 1
Mar. 9, 1858
Dr. John F. Trenchard, "
Jan'y 30, 1861
Dr. H. Ernest Goodman, "
Jan'y 21, 1867
Dr. Walter Atlee Hoffman, "
Feb'y n, 1873
Dr. Philip Leidy, "
Oct. 7, 1874
Health Officers,
OF THE PORT OF PHILADELPHIA.
Sylvanus Bourne, 2 in office
Nov. 13, 1754
Thomas Coombe, "
July 10, 1761
Peter De Haven, appointed
May 12, 1779
Henry Dougherty, in office
Sept. 16, 1780
John Jones, 'appointed
Nov. 25, 1780
Nathaniel Falconer, "
Sept. 29, 1789
William Allen, 3 in office
T -
> Z 793
James Philip Puglia, "
T 3nn
, 1009
Nicholas Esling, commissioned
Jan'y 31, 1817
William Mandry, "
Mar. 29, 1819
Samuel R. Franklin, "
Mar. 31, 1831
Samuel Heintzleman, "
May 9, 1834
William Marks, "
Mar. 26, 1836
Jarvis Webster, . "
Nov. 9, 1836
Peter Rambo, "
Feb'y 9, 1839
William Loughlin, "
Mar. 5, 1845
George P. Little, "
Dec. 14, 1848
William McGlensey, "
Feb'y 4, 1852
James W. T. McAllister, "
Feb'y 16, 1855
John H. Henderson, "
July 3, 1857
Arthur Hughes, "
Mar. 9, 1858
William Read, "
Jan'y 30, 1861
'Dr. Brown died, June 29, 1870.
'* See 6 C. R., 169. The first name is not mentioned there, but it is be-
lieved to be as given. 3 Allen was re-commissioned Tan. 27, 1800.
16
118 MARTIN'S BENCH AND BAR
George Rush Smith, commissioned Mar. 30, 1864
Horatio Gates Sickel, , 1865
John E. Addicks, 1 May 31, 1869
Gen. James L. Selfridge, J an 'y i> 1883
CHIEF INSPECTOR.
Sylvester H. Martin, commissioned July 6, 1874
The Quarantine Station,
PHILADELPHIA.
The series of buildings on Tinicum Island, from which a large
yellow flag, displaying the letter " Q" in the centre, is floating
from a flag-pole on the river front, from the first day of June to
the first day of October, in each year, is the Quarantine Station for
the Port of Philadelphia, and is generally known as the Lazaretto,
and occupies one of the handsomest sites on the Pennsylvania
shore of the river Delaware ; it was there that Governor Printz
fixed in 1643 the seat of government and called it New Gotten-
burg; there the principal persons among the Swedes took up their
residence, and there, undoubtedly, the first Courts of Justice were
regularly established in what is now the Commonwealth of Penn-
sylvania. See Martiri s Historic/ Chester, pp. 308, 461.
A quarantine law first passed in 1700, when Pennsylvania was
a colony. It was limited to foreign vessels, and prohibited them
from coming within a mile from shore, until visited by a physician
to ascertain whether there were any sick people on board, or if
there was an unhealthy cargo, or the vessel came from an un-
healthy port. Sir William Keith, when Governor of the Province,
in 1726, authorized the appointment of a physician to fulfil this
duty. There was no establishment maintained for the detention
of vessels until 1742, when a pest-house was built on what was
called Province Island, in the Schuylkill, near its mouth. This
was used for quarantine purposes from 1742 until 1800. One of
the -buildings in use then, a fine large stone structure, was still
standing there a few years ago. The reason for the establishment
of the hospital on the Schuylkill was the arrival of a German ves-
sel carrying emigrants, many of whom were suffering from yellow
fever. There was a strong suspicion that typhus (ship) fever had
been imported in German vessels, as the number of emigrants had
been decimated about 700 during the year 1742. The Board of
Health was organized by the Act of April 22, 1794, wherein it
was enacted: " That the messuage, tenements and lot of ground
situate and being on the Island in the river Delaware, commonly
called STATE ISLAND, which have heretofore been reserved, occu-
pied and employed for the purposes of a public hospital or pest-
house, shall be, and the same are hereby erected and established
into a Health office for the Port of Philadelphia, *
1 Died suddenly on January 4, 1883 ; aged 70 years.
OF PHILADELPHIA. 119
and there shall be appointed by the Governor a Resident Physi-
cian, a Consulting Physician and a Health Officer, and the In-
spectors" shall appoint a Steward, Matron, Nurses, &c. ; vide ^rd
Dallas'^ Laws, 553. State or Providence Island was formerly
a part of the Cock plantation ; see in Dr. Smith's History of
Delaware County, the map of the early settlements.
The present Quarantine Station, belonging to the City of
Philadelphia, was established on Tinicum Island, ten miles below
the city, in the early part of the year 1800, it consists of ten acres
of ground, and the United States Department adjoining comprises
six acres. The buildings were put up in 1800, and were erected in
that location because it was considered that if they were too near
the city, they would be constantly visited by people out of curi-
osity, which was very objectionable. There is a large hospital
building 179 feet long by 50 feet wide, three stories in height,
with wings, built of brick, in the most substantial manner. The
main building is occupied by the Steward. The wings were
originally called the Lazaretto. There are two, each 64 feet long
by 25 feet wide, two stories in height. A hospital for small-pox or
ship-fever patients is a separate building. There are also resi-
dences for the Physician and the Quarantine Master, and the offi-
cers necessary for the proper maintenance of the station. The
United States portion has a residence for the Deputy Inspector,
and a warehouse for the storage of cargoes. The Lazaretto is
very eligibly situated, and the establishment is well adapted to
the purposes for which it was built. When proposed, there was
a question as to whether the place should be located on Tinicum
Island or below Marcus Hook. At that time Chester was but a
small place, and there was no idea that it would grow to such an
important town as it now is. Therefore, the Lazaretto, which
has lately become objectionable to the inhabitants of Chester, was
located on Tinicum Island. As Chester is continuing to grow
rapidly, the time may come when it will be necessary to remove
the Quarantine Station below Marcus Hook, as no other part of
the Pennsylvania side of the river appears to be suitable.
The quarantine law, passed Jan. 29, 1818, provides that every
ship or vessel coming from any foreign port or place, bound to
the port of Philadelphia, between the first day of June and the
first day of October in every year, shall come to anchor in the
river Delaware, as near the Lazaretto as the draft of water and
the weather will allow, before any part of the cargo or baggage
be landed, or any person who came in such ship or vessel shall
leave her, or any person be permitted to go on board, and shall
submit to the examination, required by the Act, and obtain a
certificate to proceed to her destination and discharge, but if it
shall appear that the vessel is from an unhealthy port, she shall be
detained not exceeding twenty days ; 7 Smith 1 s Laws, pp. 5-28.
120
MARTIN'S BENCH AND BAR
Lazaretto Physicians,
FOR THE QUARANTINE STATION, AT TINICUM, ON THE RIVEB
DELAWARE, IN PENNSYLVANIA.
From the Philadelphia Directories.
Dr. Michael Leib, appointed
Dr. Nathan Dorsey,
Dr. George Buchanan,
Dr. Edward Lowber,
Dr. Isaac Hiester,
Dr. Thomas Mitchell,
Dr. Joel B. Sutherland,
Dr. George F. Lehman,
Dr. Joshua W. Ash,
Dr. Wihner Worthington,
Dr. Jesse W. Griffiths,
Dr Joshua Y. Jones,
Dr. James S. Rich,
Dr. T. J. P. Stokes,
Dr. Henry Pleasants,
Dr. J. Howard Taylor,
Dr. L. S. Gilbert,
Dr. D. K. Shoemaker,
Dr. Thomas Stewardson,
Dr. George W. Fairlamb,
Dr. William S. Thompson,
Dr. J. Howard Taylor,
Dr. D. K. Shoemaker,
Dr. W. T. Robinson,
Sept. 19, 1800
, 1805
July 4, 1806
, 1808
, 1809
May 27, 1813
May i, 1816
Mar. 4, 1817
Mar. 29, 1836
Feb. 9, 1839
April 5, 1842
March 5, 1845
Dec. 14, 1848
, 1854
Feb. 16, 1855
May 31, 1856
Mar. 13, 1858
Jan. 30, 1861
May 21, 1864
May 3, 1865
Jan. 21, 1867
Aug. n, 1870
Nov. 4, 1873
Quarantine Masters,
FOR THE LAZARETTO STATION, TINICUM.
Thomas Egger,
Capt. William Lake,
Christopher O' Conner,
Capt. Thomas Moore,
Henry Kenyon,
Joseph M. G. Lescure,
Stephen Home,
Benjamin Martin,
Alexander McKeever,
Capt. John H. Cheyney,
William V. McKean,
Matthew Van Dusen, Jr.,
Jacob Pepper,
Lewis R. Denin,
Robert Gartside,
probably
in office
in office, \ 800
April , 1809
May i, 1816
May 19, 1818
Aug. 16, 1819
Mar. 31, 1831
Mar. 29, 1836
Feb'y 9, 1839
April 6, 1842
Mar. 13, 1848
Feb'y 12, 1852
Feb'y 16, 1855
March 9, 1858
Jan'y 20, 1861
OF PHILADELPHIA. 121
Nathan Shaw, in office April 15, 1864
Thomas O. Stevenson, " April 20, 1867
Robert Gartside, " Feb'y 28, 1870
Dr. John H. Gihon, " Aug. n, 1870
Dr. A. W. Mathews, " , 1874
Dr. C. C. V. Crawford, " , 1879
Presidents of the Board of Public Education.
Under the Act of March 3, 1818.
From its organization to {he present time, 7 Smith's Laws, 53.
Roberts Vaux, elected April , 1818
Thomas Dunlap, " J an 'y T > 1830
George Mifflin Wharton, " Jan'y i, 1840
Henry Leech, " Jan'y i, 1841
John Miller, ." J an 'y x >
George Mifflin Wharton, " J an 'y !>
Daniel S. Beideman, " Jan'y i, 1850
Thomas G. Hollingsworth, " J an 'y i l &$4
William J. Reed, " Jan'y i, 1.857
Henry Bumm, " J an 'y i> l &59
Benjamin M. Dusenberry, '' J an 'y !> J 86i
Leonard Randolph Fletcher, " J an 'y i? *862
Edward Shippen, J an 'y J > 1864
Daniel Steinmetz, " J an 'y l > 1869
Morton Hall Stanton, " J an 'y l > 1870
James Long, " J an 'y : > J 877
Edward T. Steel, " Jan'y i, 1879
SECRETARIES OF THE BOARD OF PUBLIC EDUCATION.
1819 Willie Birnie, 1835 William Piersol,
1819 Thomas McKean Pettit, 1837 Richard Penn Smith,
1820 Daniel B. Smith, 1841 Thomas B. Florence,
1821 Thomas McKean Pettit, 1849 Robert J. Hemphill,
1833 Charles Pettit, 1863 James D. Campbell,
1865 Henry W. Halliwell. 1
Members of Congress,
FROM PHILADELPHIA.
To the Continental Congress.
Joseph Galloway, . . 1774 to 1775
Samuel Rhoads, . . 1774 to 1775
Thomas Mifflin, 1774 to 1775 and 1782 to 1784
1 This list is taken from the " Sixty-third Annual Report of the Board of
Public Education of the First School District ; comprising the City of Philadel-
phia, for the year ending Dec. 31, 1881."
122 MARTIN'S BENCH AND
Charles Humphreys, . . 1774 to *775
John Dickinson, . . 1774 to 1776
Benjamin Franklin, . . 1775 to 1778
Thomas Willing, . . 1775 to 1776
Robert Morris, . . . 1775 to 1778
Andrew Allen, . . . 1775 to 1776
James Wilson, 1775 to 1778 and 1785 to 1786
Benjamin Rush, . . . 1776 to 1777
George Clymer, 1776 to 1778 and 1780 to 1782
Daniel Roberdeau, . . 1 777 to 1779
Jonathan Bayard Smith, . 1777 to 1778
Joseph Reed, . . . 1777 to 1778
Dr. Samuel Duffield, . . 1777101779
William Shippen, Sr., . . 1778 to 1780
James Searle, . . . 1778 to 1780
Frederick Augustus Muhlenberg, 1779 to 1780
Jared Ingersoll, . . . 1780 to 1781
Timothy Matlack, . . 1780 to 1781
Thomas Fitzsimons, . . 1782 to 1783
Richard Peters, . . . 1782 to 1783
Cadwalader Morris, . . 1783 to 1785
Joseph Reed, . . . 1784 to 1785
Matthew Clarkson, . . 1785 to 1787
Charles Pettit, . . . 1785 to 1787
John Bayard, . . . 1785 to 1789
Gen. Arthur St. Clair, . . 1785 to 1787
Samuel Meredith, . . 1786 to 1789
William Bingham, . . 1786 to 1789
John Armstrong, Jr. , . 1787 to 1789
To THE CONGRESS OF THE UNITED STATES.
Frederick Augustus Muhlenberg, . 1789 to 1797
George Clymer, . . . 1789 to 1795
Thomas Fitzsimons, . . 1789 to 1795
John Swanwick, . . 1795 to J 799
Blair McClenachan, . . 1797 to 1799
Robert Wain, . . . 1799 to 1801
Michael Leib, . . . 1799 to 1806
William Jones, . . . 1801 to 1803
Joseph Clay, . . . 1803 to 1808
Dr. John Porter, . . . 1806 to 1811
Dr. Benjamin Say, . . 1808 to 1811
Rev. Dr. James Milnor, . . 1811 to 1813
Dr. Adam Seybert, 1811 to 1815 and 1817 to 1819
Charles Jared Ingersoll, 1813 to 1815 and 1841 to 1849
John Conard, . . . 1813 to 1815
OF PHILADELPHIA. 123
Col. Jonathan Williams, .
1815
to
1817
Joseph Hopkinson,
1815
to
1819
William Milnor, Jr,, 1815 to 1817 and
1821
to
1823
John Sergeant, 1817 to 1823 and
1837
to
1841
Joseph Hemphill, 1819 to 1826 and
1827
to
1831
Thomas Forrest,
1819
to
1821
Samuel Breck,
1823
to
1825
Daniel H. Miller,
1823
to
1831
John Wurts,
1825
to
1827
Thomas Kittera, 1
1826
to
1827
Dr. Joel B. Sutherland, .
1827
to
1837
Henry Horn,
1831
to
1833
John G. Watmough,
1831
to
1833
Horace Binney, .
i833
to
1835
James Harper,
1835
to
1837
Joseph Reed Ingersoll, 1835 to 1837 and
1841
to
1849
Michael Woolston Ash, .
1835
to
1837
Lemuel Paynter, .
1837
to
1841
George Washington Toland,
1837
to
1843
Charles Naylor, .
1837
to
1841
Charles Brown, 1841 to 1843 an( ^
1847
to
1849
Edward Joy Morris, 1843 to 1845 an ^
1857
to
1861
John T. Smith, .
1843
to
1845
Lewis Charles Levin,
1845
to
1851
John H. Campbell,
1845
to
1847
Joseph R. Chandler,
1849
to
1855
Henry D. Moore,
1849
to
1853
John Robbins, Jr., 2
1849
to
1855
Thomas B. Florence,
1851
to
1861
William H. Witte,
1853
to
1855
Job Roberts Tyson,
1855
to
1857
William Millward, 1855 to 1857 and
1859
to
1863
Jacob Broom,
1855
to
1857
John Cadwalader,
1855
to
1857
James Landy,
1857
to
1859
Henry Myer Phillips,
1857
to
1859
John P. Verree, .
1859
to
1863
William Eckhardt Lehman,
1861
to
1863
William Darrah Kelley, .
1861
to
William Morris Davis,
1861
to
1863
Col. Charles John Biddle,
1861
to
1863
Samuel J. Randall,
1863
to
Charles O'Neill, 1863 to 1871 and
1873
to
Leonard Myers, .
1863
to
1875
Martin Russell Thayer, .
1863
to
1867
1 Vice Hemphill, resigned. 2 Died April 27, 1880, aged 72 years.
124 MARTIN'S BENCH AND BAR
John V. Creely, . . . 1871 to 1873
Alfred C. Harmer, . . 1873 to
Nathaniel Chapman Freeman, . 1875 to J ^79
Gen. Henry H. Bingham, . 1879 to
Committee of Defence,
OF PHILADELPHIA.
1814-15.
Thomas McKean, Condy Raguet,
Joseph Reed, John Geyer,
Jared Ingersoll, Col. Jonathan Williams,
Charles Biddle, Daniel Groves,
John Sergeant, John Barclay,
John Goodman, John Naglee,
Robert McMullin, Thomas Snyder,
Thomas Leiper, Isaac W. Norris,
John Barker, Michael Leib,
Henry Hawkins, Jacob Huff,
Thomas Cadwalader, James Whitehead,
John Steele, James Josiah,
George Latimer, John Thompson,
Liberty Browne, Ebenezer Ferguson,
Charles Ross, James Ronaldson,
Manuel Eyre, Peter Miercken,
John Connelly, Richard Palmer,
William McFadden, Philip Peltz,
John Goodman, Secretary of the Committee.
Francis S. Coxe and S. Field, Assistants.
Postmasters,
AT THE CITY OF PHILADELPHIA.
1696 Alexander Hamilton, Postmaster-General; i C. R., 463.
1698 Henry Flower, 1 Sept. 2, 1698.
1707 Capt. John Hamilton ; 2 Logan Papers, 228.
1722 Henry Flower; Potter's American Monthly, 1875, P- ^9 J -
1725 Andrew Bradford.
1737 William Spotswood, Postmaster- General.
1737 Benjamin Franklin; Harper' s Magazine , October, 1871.
1 753 Benjamin Franklin and Peter Hunter, Postmasters-General.
1753 William Franklin.
1757 Peter Franklin, brother of Benjamin ; 4 Pa. Archives, 257.
1759 Josiah F. Davenport, (atout this time.)
1767 John Foxcroft, 2 a relative of Franklin's wife.
1774 William Bradford.
1 Chapter 50 of the Laws (imprinted.) Session 1700-1, an Act was passed
for erecting and establishing a post office at Philadelphia; I Dallas' s Laws, 15.
2 John, not Thomas, Journal of fftigk fin/ay, xxiii and xxiv.
OF PHILADELPHIA. 125
1775 William Franklin, 1 called Comptroller of the General Post
Office, at Philadelphia.
1775 Richard Bache, 2 Deputy to Franklin.
1776 Richard Bache, Postmaster-General. He was appointed
by Congress on Nov. 7, 1776.
1776 Peter Baynton.
1782-89 Ebenezer Hazard, Postmaster to the United Colonies.
James Bryson, appointed. Jan'y 28, 1782
, Robert Patton, " Oct. 2, 1789
'Dr. Michael Leib, " Feb'y 14, 1814
Richard Bache, " Feb'y 26, 1817
Thomas Sergeant, " April 16, 1828
Col. James Page, " April n, 1833
John Crathorne Montgomery, " Mar. 23, 1841
James Hoy, Jr., " June 26, 1844
Dr. George F. Lehman, " . May 5, 1845
William J. P. White, " May 9, 1849
John Miller, 3 April i, 1853
Gideon G. Westcott, " Mar. 19, 1857
Nath'l Borradaile Browne, " Mar. 30, 1859
Cornelius. A. Walborn, " April 20, 1861
Charles M. Hall, " Oct. , 1866
Gen. Henry H. Bingham, " Mar. 23, 1867
George Walter Fairman, " Dec. 10, 1872
Archibald Loudon Snowden, " Dec. u, 1876
Gen. John Frederic Hartranft, " Feb'y 17, 1879
Gen. Henry S. Huidekoper, " July 22, 1880
THE PAST AND PRESENT.
Mr. James Lawrence, a veteran in the Postal Service at Wash-
ington, and still in harness, says that the first weekly mail from
1 See letter in the Delaware County Republican, Jan. 28, 1876, copied from
the Pennsylvania Magazine of 1775, as follows, which explains itself:
"GENERAL POSTOFFICE, Philadelphia, February 14, 1775.
It having been found very inconvenient to persons concerned in trade that_
the mail from Philadelphia to New England sets out but once a fortnight dur-
ing the winter season, this is to give notice that the New England mail will
henceforth go once a week the year round ; where a correspondence may be
carried on and answer obtained to letters between Philadelphia and Boston in
three weeks, which used in the winter to require six weeks.
By command of the Postmaster General, WILLIAM FRANKLIN, Comptroller.' 1
1 1775, November, William Goddard was Surveyor-General to the Post Office
of the United Colonies, at New York. Aitkeri 's Penna. Magazine, i Vol.
538. This is an error, however, as there never was such an officer as a
Surveyor-General of the Post Office. Benjamin Franklin, Postmaster-General,
appointed William Goddard Surveyor of the Post Roads, and Comptroller of
the Post Office. See Writings of William L. Goddard, I Vol., xii.
3 Died Jan. 30, 1878, aged 65.
17
126 MARTIN'S BENCH AND BAR
Philadelphia to New England commenced in 1754. In 1765
semi-weekly mails between Philadelphia and New York were con-
veyed in covered Jersey wagons, without springs, and the usual
time was three days. Now there are half-a-dozen daily mails be-
tween the two cities, and the time less than three hours.
The first "dead letter" of which there is any record in the
United Colonies, and which was held for postage, was mailed at
Georgetown, S. C., Nov. 22, 1777, directed to the Collector of
Customs at Wilmington, N. C., from John Cogdel, announcing
the arrival of the schooner "Dispatch." Now they amount to
thousands daily, and a large force of clerks, men and women, are
required to give them proper attention.
Post Offices.
WHERE LOCATED IN PHILADELPHIA.
1728 At Andrew Bradford's house, in Second street.
1737 At Benjamin Franklin's house, on Market street.
1771 At Foxcroft's house, Market near Fourth street.
1 775 Goddard's Constitution Post, Coffee House, Front & High.
1782 Front street, south of High street, east side.
1784 Corner of Front and High street, /. e., Market street.
1785 Corner of Front and Chestnut streets.
1791 No. 36 South Front street.
1 793 During the yellow fever, at the College, Fourth below Arch.
1 794 No. 34 South Front street.
r 797 (Yellow fever), Twelfth street, South of Market street.
1798 North side of Market street, first house west of Eleventh.
1799 No. 27 South Third street.
1799 Yellow fever season, upper end of Market street.
1800 No. 27 South Third street.
1814 Southwest corner of Third and Market streets.
1815 At No. 27 South Third Street.
1817 No. 116 Chestnut street, N. E. cor. of Carpenter's Court.
1827 No. 107 Chestnut street, N. E. corner of Franklin Place.
1834 In the Philadelphia Exchange.
1854 Jayne's building, Dock street, east of Third street.
1862 Chestnut street, next door west of Custom House.
1883 A new Post Office is in course of construction on the west
side of Ninth street, extending from Chestnut to Market.
An Act,
FOR ERECTING AND ESTABLISHING A POST OFFICE.
From the Manuscript Laws of Pennsylvania
" Whereas the King and the late Queen Mary by their Royal
Letters Patent under the great Seal of England, bearing date
the Seventeenth of ffebruary, w ch was in the Year One thousand
OF PHILADELPHIA. 127
Six hundred ninety and one, did grant to Thomas Neale Esq his
Executors Administrators and assigns full Power and authority to
erect Settle and establish within the Kings Colonies and Planta-
tions in America, one or more office or offices for receiving and
Dispatching of Letters and Pacquetts by post, and to receive, send
and deliver the same, under such Rates and Summs of money as
shall be agreeable to the Rates established by Act of Parliam* in
England, or as the Planters and others should agree to give on
the first Settlem*, To have, hold and enjoy the same for the term
of twenty- one years w th and under such Powers, Limitations and
Conditions as in and by the said Letters Patent may more fully
appear. * And whereas the King's postmaster General of
England at the Request, Desire & nomination of the said Thomas
Neale hath deputed Andrew Hamilton Esq, for such time and
under such Conditions, as in his Deputation is for that purpose
mentioned to govern and manage the said General Post office,
for and throughout all the King's Plantations and Colonies in the
main Land or Continent of America, and the Islands adjacent
thereto, as in and by the said Deputation may more fully appear :
And Whereas the said Andrew Hamilton hath by and with the
good Liking & Approbation of the Postmaster General of Eng-
land made application to the Proprietary and Govern' of this Pro-
vince and Territories, and ffreemen thereof Convened in general
Assembly, that they would ascertain and establish such rates and
Summs of money upon Letters and Pacquets going by post, as
may be an effectual Encouragem* for carrying on and maintaining
a general Post, and y e Proprietary and Govern' and ffreemen in
General Assembly mett, considering that the maintaining of mu-
tual and speedy Correspondencies is very beneficial to the King
and his Subjects, and a great Encouragement to Trade, and that
the same is best carried on and managed by publick Post, as well
as for preventing Inconveniences which heretofore have hapned
for want thereof, as for a Certain safe & speedy Dispatch carrying
and recarrying of all Letters and Pacquets of Letters by Post to
and from all parts and places within the Continent of America and
several parts of Europe and that the well ordering thereof is mat-
ter of general Concernm* and of great advantage ; and being
willing to encourage such a publick Benefit, have therefore
Enacted, and Be it Enacted by the said Proprietary and
Govern* of this Province and Territories, by and with the advice
and Consent of the ffreemen thereof in General Assembly mett, and
by the authority of the same, That there be from henceforth one
General Letter Office Erected and Established within the Town
of Philadelphia, from whence all Letters and Pacquets whatsoever
may be with Speed and Expedition sent into any part of y c neigh-
boring Colonies and Plantations on the main Land and Conti-
nent of America, or into any other of the King's Kingdoms or
128 MARTIN'S BENCH AND BAR
Dominions, or into any Kingdom or Countrey beyond the Seas,
at which said office all Returns and Answers may likewise be re-
ceived ; And that it shall and may be lawful to and for the Master
of the said office to demand, have, Receive and take for the Post-
age and Conveyance of all such Letters which he shall so convey
carry and send post as aforesaid according to y e several Rates and
Summs of Current Money of this Province hereafter mentioned ;
That is to say, ffor the Post of every singfe Letter from Europe,
the West Indies, or other parts beyond Sea four pence, and all
letters are to be accounted single tho' they contain Merchants'
Accompts, none exceeding one sheet of Paper, Bills of Lading,
Gazets, Invoices or Bills of Exchange, and for each Pacquet of
Letters from the places aforesaid, eight pence, and a Pacquet shall
be accounted three Letters, at the least ; And for the post of
every single Letter from Boston or Rhode Island to Philadelphia,
or from Philadelphia to Boston or Rhode Island, eighteen pence,
and so in proportion to the greatness and quantity of Letters.
And for the post of each single Letter from Philadelphia to Piscat-
way and other parts to the Eastward of Boston, and from Piscat-
way and said Eastern parts to Philadelphia, two shillings, and so
in proportion as aforesaid : And for the post of each single Letter
from the Post Road in Conetticot Colony to Philadelphia, and
from Conetticot Colony, any where on the Post road, one shil-
ling, and so in proportion as aforesaid : And for the Post of each
single Letter from Philadelphia to New York, or from New York
to Philadelphia, eight pence, and so in proportion as aforesaid :
And for the Post of each single Letter to or from any place within
Eighty miles of Philadelphia, six pence, and so in proportion as
aforesaid : And for the Post of each single Letter from Philadel-
phia to Maryland or Virginia, or from Virginia and Maryland to
Philadelphia, eighteen pence, and so in proportion as aforesaid,
provided they come or goe by Post, but if by any private person
delivered into the office four pence : And if any Letters or Pac-
quets shall ly or remain in the office uncalled for by the space of
forty-eight hours, The Post master then sending them forth to the
respective houses of the persons to whom they are directed shall
have and receive one penny more for each pacquet or Letter :
Provided always That all Letters directed to or going from the
Proprietary and Govern 1 " shall be free.
And Be it further Enacted by the authority aforesaid, That all
and every such person & persons as shall be employed in the sev-
eral stages within this Province and Territories, shall and may
pass and repass all and every fferry or fferries within this Province
and Territories, at any time during the Continuance of this act in
force without paying any Rate or Summ of money, either for his
or their own or his or their horses passage or passages : And if
any fferryman or fferrymen or other person or persons Interested
OF PHILADELPHIA. 129
in any such fferry or fferries within this Province or Territories,
shall at any time neglect, refuse, or delay the conveying over his
or their fferry or fferries any such person or persons imployed as
aforesaid in the Execution of their respective Employm* or em-
ployments, or his or their horse or horses, He shall for every such
offence forfeit the sum of five pounds, to be sued and recovered
in any Court of Record within this Province by Bill, Plaint or
Information, wherein no Essoign, Protection or Wager of the Law
shall be allowed, one half of the said fforfeiture towards the sup-
port of the Governm 1 of this Province and Territories and the
other half to the Master of the said general Letter office who shall
sue and prosecute for the same.
And Whereas upon the arrival of Ships into the Several parts
of this Province, many Letters directed to Several Merchants and
others, have been detained long to the great damage of y e Mer-
chants, and want of that speedy advice which they might have
had, if the same had forthwith been dispatched : and sometimes
such Letters have been delivered by the Masters or Passengers of
such Ships to ignorant and loose hands that understand not the
way and means of speedy Conveyance and Delivery of Letters,
whereby great Prejudice hath accrued to the affairs of Merchants
and others, as well by the miscarriage of many Letters as many
times by opening of the same, to the discovering of the Corres-
pondencies and Secrets of Merch ts .
Be it therefore Enacted by the Authority aforesaid, That all Let-
ters and Pacquets of Letters, that by any Master of any Ship or
vessel shall or may be brought to any Port within this Province,
shall by such Masters be forthwith delivered to the said Master of
the general letter office for the time being, his servants or agents,
by him or them to be delivered according to the several and re-
spective Directions of the Same ; and in default thereof every such
Master as aforesaid offending in the premises shall forfeit the sum
of twenty shillings, to be recovered in such manner and to such
uses as aforesaid, and for their respective Encouragem' in the ob-
servance hereof: Be it also enacted, That the said Master of the
said office his Agents or Servants shall pay to every Master or
Masters of any such Ship or Ships, vessel or vessels so delivering
in Letters as aforesaid, one penny for every such Letter or Letters,
Pacquet or pacquets ; Excepting always from this Act such Let-
ters of Merchants and Masters, Owners of any such ship or any
part of the Cargoe, as concern the said ship or Cargoe thereof, or
shall be sent by p'sons employed by them for carriage of such
Letters, or by any Messenger or Messengers, sent on purpose for or
concerning the private affair of any person or persons, or by any
private friend or ffriends to his her or their ffriend or ffriends
within the s'd Province or Territories thereof. And Be it further
Enacted by the Authority aforesaid that no person or persons
130 MARTIN'S BENCH AND BAR
whatsoever other than the said Master of the General Letter office
aforesaid, his Agents or Servants shall presume to carry, recarry
or deliver Letters for hire (other than as before excepted) or set
up or employ any spot post, Horse post, pacquet Boat or Convey-
ance whatsoever, for carrying, conveying or recarrying any
Lett" or Pacquets by sea or Land, upon pain of forfeiting the
sum of forty pounds current money of this Province for every
several offence against the Tenour of this present act, to be sued
& recovered in such manner and to such uses as aforesaid. Provided
that this Act or anything y e in contained shall continue in force
no longer than seven years from and after the publication thereof,
anything therein contained to the contrary thereof in any wise
notwithstanding. ' ' Chap. 50 of the Laws, Recorded A, Vol. /., 40.'
Collectors of the Customs.
AT PHILADELPHIA.
Under the Crown.
1682- Major William Dyer.
1686 James Walliams, i C. ., 147, for Bay and river Delaware.
1692 William Clarke, appointed June 13, 1692 ; i Archives, 117.
1698 John Bewley; i C. R., 502. Died, 1704.
1703 Robert Assheton ; i Logan Papers, 200.
1704 John Moore, appointed 24th, 5th mo., (July), by Col.
Quarry, vice Bewley, dec'd ; i Logan Papers, 309.
1727 Grosvenor Bedford; i Archives, 385. He acted in per-
son from 1730 to 1732. When appointed not known.
1727 John Moore, 2 his Deputy, died December, 1732. He is
referred to as being the King's Collector, in the Charter
and Laws of Pa., p. 307, (1879), on Nov. 24, 1726.
1732-3 Peter Evans, 3 Bedford's Deputy, Feb. 6. Evans was
Moore's son-in-law ; he resigned 1743. i Pa. Arc., 385.
1 1 am indebted to Dr. William H. Egle, of Harrisburg, for the copy of
this Act, which probably has never before appeared in print. There was a
previous law passed in 1697; see 2 C. R., 28, and the Duke of Yorke's Book
of Laws, 224. Previously, however, in July, 1683, Penn issued an order for
the establishment of a post office ; see Journal of Hugh Fin/ay, ix.
2 In Pa. Gazette, Nov. 30, 1732, it is stated that, " On Saturday last (25th),
died JOHN MOORE, Collector of his Majesty's Customs for this Port, which
place he enjoyed above thirty years. He dyed in the 74th year of his age."
His commission as Collector, signed by Evelyn, is in possession of one of his
descendants. In the Pa. Archives, 2nd series, the following list of the Collec-
tors of Customs is given, viz ; " John Bewley, 1 698 to 1 702 ; John Moore, 1 706
(? 1703) to 1728; Ralph Assheton, 1732; Grosvenor Bedford, 1733; Richard
Pearne (died), 1762; Enoch Story, 1762; Abraham Taylor (resigned), 1762;
John Swift, (vice Taylor), June 9, 1762; Robert Bayard, Feb. 21, 1772; John
Patterson, Oct. 19, 1772." It is said in the Life of Dr. William Smith, 2
Vol., 488: "John Moore, it appears, came with his wife and family to Phila-
delphia prior to 1700, and became the King's Collector at that Port; this we
know from his commission, which is before me, dated 1703, signed by Evelyn.
3 In an obituary of Peter Evans; Pa. Gazette, June 20, 1745, it is stated, he was
" an eminent counsellor, and for many years Collector of the King's Customs."
OF PHILADELPHIA. 131
1743 William Alexander. He died, January, 1744-5.
1745 Abram Taylor, Deputy for Grosvenor Bedford.
1748 Alexander Barclay, Deputy for Grosvenor Bedford.
1751 Abram Taylor, and in office; 8 C. R., 39, 713, which
covers the time from May 7, 1757, to May 10, 1762.
John Inglis is said to have been Collector from 1751 to
1759, but it is an error. He was Deputy in the absence
of Collector Taylor, from 1751 to 1753. William Till
was Collector at New Castle during the above period.
1762 John Swift, vice Taylor, June 9. Still in office Dec. 5,
1771. Dr. Thomas Graeme is said to have been Collec-
tor before his death, in 1772. See Memoirs of the His-
torical Society of Pennsylvania, i Vol., 460, (20! edition.)
1772 Robert Bayard, Feb. 7 ; 4 Pa. Archives, 449, (ist series.)
1772 John Patterson, Oct. 19; in place of Bayard, declined. 1
1773 Zachariah Hood, acting for the Collector; 10 C. R., 90.
1774 Lachlane Maclean. John Patterson, 1 Deputy.
UNDER THE STATE OF PENNSYLVANIA.
Sharp Delany, appointed Mar. 15, 1784
UNDER THE UNITED STATES.
Pennsylvania to be one District, July jf, f?8().
Act of July 4, /7<?9, for laying duty on goods.
1789 Sharp Delany, 2 1846 Col. James Page,
1792 George Latimer, 1849 William D. Lewis,*
1802 Peter Muhlenberg, 1853 Charles Brown,
1807 John Shee, 1857 Joseph B. Baker,
1809 John Steele, 1861 William B. Thomas,
1827 William Jones, 1866 William F. Johnston,
1829 James Nelson Barker, 1867 Joseph W. Cake,
1838 Ex-Gov. George Wolf, 1869 Henry D. Moore,
1840 Jonathan Roberts, 1870 John W. Forney,
1842 Thomas S. Smith, 1872 Seth I. Comly,
1843 Calvin Blythe, 1876 Alexander P. Tutton.
1845 Henry Horn, 1880 John F. Hartranft. 4
'On the tombstone of "John Patterson, Esq.," in Christ Church grave-yard,
it is stated he was " a native of Ireland, formerly an officer in the British army
and at the period of the Revolution, Collector of Customs in the Port of Phila-
delphia." He was buried February 24, 1798. Gordon's Pa., 628.
2 Died May 13, 1799, aged 60. 3 Died April I, 1881, aged 88.
4 Vice Tutton, deceased; confirmed by the Senate February 11, 1881.
There was no custom house that is, a special building erected by the Gov-
ernment expressly for the purpose of a Custom House in this city, until the
United States Custom House was built on Second street below Dock. Before
that time under the Crown, and the Confederacy, and the United States the
132 MARTIN'S BENCH AND BAR
Surveyors-General of the Customs.
UNDER THE CROWN.
Patrick Mien, 1 in office 5 mo., 14, 1690
Edward Randolph, 2 " 9 mo. ,13, 1691
Col. Robert Quarry, 3 appointed 9010., ,1703
William Keith, 4 previous to Sept. 27, 1716
George Phenny, 5 in office Feb. 6, 1732-3
Controllers of the Customs.
UNDER THE CROWN.
William Alexander, in office , 1723
Alexander Barclay, " - , 1749
. Christopher Sanderson, 1756 to 1762
Alexander Barclay, " , 1762
Lynford Lardner, " - , 1771
Joshua Loring, " March 7, 1771
Zachariah Hood, " 1773 to 1776
Surveyors of the Customs,
AT THE PORT OF PHILADELPHIA.
Christopher Snowden, appointed 28, 6 mo. ,1685
Samuel Land, 6 in office 18,9 mo. ,1686
John Deplove, 7 " Feb. 18, 1694-5
Matthew Birch, 8 " Nov. 21, 1696
John Jewell, 9 " April 15, 1698
Col. Robert Quarry, 10 " , 1699
Patrick Baird, " , 1730
William Hero, " , 1735
William Sheppard, , 1768
David Drummond," " , 1772
offices of customs were wherever the Collectors chose to locate them. It is
to be presumed that the early Collectors under the Crown had their offices at
their own private places, stores, or dwelling-houses. The following have been
ascertained locations of custom houses: 1733-34, Peter Evans, Collector, at his
dwelling. 1743, W. Alexander, Collector, at John Nelson's house, Chestnut
street. 1762, John Swift, Collector, Front street, between Arch and Race, west
side. 1784, Sharp Delany, Collector, corner of Black- Horse alley and Front
street. 1791, southeast corner of Walnut and Second streets. 1795, No. 119
South Front street, near Walnut. 1798, during the yellow fever, at Congrt.
Hall, southeast corner of Sixth and Chestnut streets. 1802, Peter Muhlenlicrg,
Collector, Carpenters' Hall, Chestnut street, between Third and Fourth. Jan-
uary ist, 1817, John Steele, Collector, west side of Second street, corner of
Elmslie's alley, below Dock street. 1845, Henry Horn; Collector, United
States Bank building, Chestnut street above Fourth, where it still remains.
1 i C. R., 297. 2 I C. R., 503. "See ist Logan Papers, 281.
* Memoirs of the Historical Society, 4 Vol., 380. 5 I Archives, 385.
6 I C. R., 149. 7 1 Archives, 117. 8 I C. R., 501. 9 I C. R., 505-6.
10 Logan Papers, 34. n I Proud, 290.
OF PHILADELPHIA.
133
William Macpherson, appointed
Walter Stewart, in office
Major William Jackson, appointed
Dr. William Bache, "
James Glentworth, in office
William Duncan, "
George W. Riter, appointed
J. Washington Tyson, "
John G. Watmough, "
Thomas A. Cooper, 1 "
John Davis, of Bucks Co.,
William B. Norris, in office
Gen. Reuben Charles Hale, "
John Hamilton, Jr., "
E. Reed Myer, * "
William Harbeson, "
Edward O'Meara Goodrich, * appointed
Sept. 19, 1789
1793 to 1796
Jan. 14, 1796
-- , 1803
001.24,1814-29
1829 to 1838
1838 to 1841
- , 1841
Oct. , 1841
-- , 1844
1845 to
1849
-- , 1853
-- , 1857
-- , 1861
- , 1867
April 23, 1869
U. S. Shipping Commissioners.
See Act of "June 7, 1872.
Capt. John H. Young, 3 appointed June , 1872
William L. James, " April n, 1880
Naval Officers,
PORT OF PHILADELPHIA.
Robert Assheton,
Dr. Thomas Graeme, 4
Robert Charles, 6
Dr. Thomas Graeme,
Dr. Frederick Phile,
Dr. David Finney,
David Finney, 6
Richard Hockley,
Gov. Richard Penn, 7
George Bryan,
Dr. Frederick Phile, 8
William Macpherson,
in office
1717 to
1727 to
before ,
1740 to
1770 and
before ,
Nov. 4,
1773 and
1775 to
June ,
April 5,
1791 to
1727
173 1
1761
1771
1773
1773
1774
1776
1776
1777
1813
1 Mr. Cooper was the distinguished actor. 2 Died, Jan. 28, 1881, aged 56.
a Died April 5, 1880, aged 72.
*IX. Pa. Archives, (2nd series), 738; Thomas Graeme, vice Assheton,
deceased, 1727, 1740,1701.
5 Ramie's Equity, Appendix, p. 32.
6 A son of Dr. David Finney ; 10 C. R., 109.
7 The Governor appointed himself, the salary was ^600; IV. Pa. Archives,
600. He was the last person to hold this office under the Crown.
8 See V. Pa. Archives, 298; re-commissioned Nov. 9, 1787; called Phyle.
18
134 MARTIN'S BENCH AND BAR
Samuel Clarke, in office 1813 to 1824
William Jones, 1824 to 1826
Philip S. Markley, 1826 to 1829
John Pembefton, April , 1829
John Horn, 1838 to 1840
Alexander Ferguson, Sept. , 1840
Bela Badger, 1 April 14, 1841
Dr. Joel B. Sutherland, Nov. 18, 1842
Henry Welsh, 2 May , 1845
Col. Peter C. Kllmaker, 3 May , 1849
N. P. Eldred, 1853 to 1857
Chambers McKibben, 1857 to 1861
Edward Wallace, 1861 to 1866
Joseph R. Flanigen, 1866 to 1867
Col. DeWitt Clinton Baxter, " 1867 to 1871
John A. Hiestand, " March i, 1871
Ex-Gov. James Pollock, 4 " Feb'y 7, 1879
Navy Agents.
Office created by Act of Congress.
Act of May 15, 1820, fixed the term of office at four years.
George Harrison, 5 appointed Nov. 21, 1799
Henry Toland, " March 3, 1833
Michael Woolston Ash, 6 " March 9, 1837
Capt. Thomas Hayes, 7 " March 15, 1841
Samuel D. Patterson, March 15, 1845
William Sloanaker, " March 15, 1849
Alfred Day, " March 30, 1853
William Badger, 8 " March3i,i857
James S. Chambers, 9 " July 19, 1861
1 Rejected by the Senate on Sept. I, 1841.
''Appointed in May, 1845; confirmed February, 1846.
5 The military titles that I have given gentlemen in this work, are those
they earned in service in thtf field, and which they are justly entitled to bear.
4 Ex-Governor of Pennsylvania; not confirmed by the Senate on its adjourn-
ment on March 4, 1879. Re-nominated March n, 1879, and confirmed April
4, 1879. The Naval Officer is an officer of the U. S. Customs. See Statutes
at Large, 506. Act of March 2, 1799. Term of office, four years.
5 See Navy Register, 1828. Born, 1760; died, 1845, aged 85. In office
from 1799 to 1833.
6 Resigned, Jan. 8, 1841.
7 Died, Aug. 17, 1849.
"Re-commissioned on May 20, 1858.
9 Removed, Dec. 26, 1864, (Navy Register, 1865), and office abolished.
OF PHILADELPHIA. 135
Directors of the United States Mint,
AT PHILADELPHIA.
Established by Act of Congress of April 2, 1792.
This officer is now called Superintendent of the Philadelphia
Mint, an office of " Director of the United States Mints," having
been established by an Act of Congress in 1873.
David Rittenhouse, 1 commissioned April 14, 1792
Henry William DeSaussure, " July 8, 1795
Elias Boudinot, " Oct. 28, 1795
Robert Patterson, " Jan'y 17, 1806
Dr. Samuel Moore, 2 " July 15, 1824
Dr. Robert Maskell Patterson, 3 " May 27, 1835
Ex-Gov. Joseph Ritner, 4 " Mar.. , 1848
George N. Eckert, " June 30, 1851
Thomas McKean Pettit, " April 4, 1853
James Ross Snowden, " June 3, 1853
Ex-Gov. James Pollock, " April 4, 1861
William Millward, not confirmed, Oct. i, 1866
Dr. Henry R. Linderman, 5 commissioned April i, 1867
Ex-Governor James Pollock, " May i, 1869
Archibald Loudon Snowden, " March i, 1879
The Register's Court
AND THE REGISTER OF WILLS.
BY FURMAN SHEPPARD.
\_Reprinted by permission, from a paper book.]
The statutory provisions relative to the determination of dis-
puted matters before the Register of Wills, and the Register's
Court, are under the Act of March 15, 1832, " Relating to Regis-
ters and Registers' Courts;" P. L., 146. Section 13, Pardon,
loth edition, 406, pi. 8, enacts as follows:
" Whenever a caveat shall be entered against the admission of any testa-
mentary writing to probate, and the person entering the same shall allege
as the ground thereof any matter of fact touching the validity of such writing,
1 The corner-stone of the first United States Mint was laid July 31, 1792, by
David Rittenhouse, Director, on Seventh street, above Sugar Alley, Philadel-
phia. Of the present Mint, July 4th, 1829.
2 Patterson's son-in-law. 3 Dr. Moore's brother-in-law.
4 Joseph Ritner was appointed by Gen. Taylor, in March, 1848, and served
for a short period, but the President dying before the Senate had confirmed
him, Mr. Fillmore preferred retaining Dr. Patterson, who resigned July I,
1851, and died soon afterwards.
5 Dr. Linderman was commissioned Director of the United States Mints in
1873. He died in February, 1879, and Horatio C. Burchard, of Illinois, was
commissioned February 27, 1879.
136 MARTIN'S BENCH AND BAR
it shall be lawful for the Register, at the request of any person interested, to
issue a precept to the Court of Common Pleas of the respective county, direct-
ing an issue to be formed upon said fact, or facts, and also upon such others as
may be lawfully objected to the said writing in the following fdnn, namely."
Section 25, of the same Act, Purdon, 1255, pi. 20, is as follows: "When- ob-
jections are made, or a caveat is entered against the probate of any last Will and
Testament, and no precept for an issue is directed by the Register, into the
Court of Common Pleas, as aforesaid ; or where objections are made to the
granting of letters of administration to any person applying therefor; or where
any question of kindred, or other disputable and difficult matter comes into con-
troversy, before any Register, he shall, at the request of any person interested,
appoint a Register's Court for the decision thereof, to be held at a time certain,
and as soon as convenient, at the Court House, or other public place, in (Ir-
respective county, giving convenient notice of the time and place of holding
the same, by citation or otherwise, to all concerned, as well as to the persons
interested, as to the Judges whose assistance he shall require, and in the mean-
time he shall do and receive all proper Acts preparatory to the business of such
Court."
Section 40, of the same Act, Purdon, p. 1256, pi. 21, declares that, "The
testimony of all witnesses examined in any cause litigated before any Register's
Court, shall be taken in writing, and made part of the proceedings therein,
upon which the Court having jurisdiction of such cause by appeal, may affirm,
reverse, alter or modily the decree of the Register's Court."
, Section 41, Pzirdon, p. 1256, pi. 22, enacts that, " Whenever a dispute upon
a matter of fact arises before any Register's Court, the said Court shall, at the
request of either party, direct a precept for an issue to the Court of Common
Pleas of the County for the trial thereof, in the form hereinbefore prescribed
for the direction of Registers, changing such parts thereof as should be changed,
according to the circumstances of the case; and facts established by the ver-
dict returned shall not be re-examined on any appeal."
Some light may perhaps be thrown on these provisions by trac-
ing their origin and history in the legislation of the State on the
subject, which may be indicated as follows : In the Charter of
Charles II. to William Penn, there is the following provision :
" And we likewise give and grant unto the said William Penn and
his Heirs, and to his and their deputies and lieutenants, such
power and authoritie to appoint and establish Judges and Justices,
Magistrates and officers whatsoever, for what cause soever, for the
probates of Wills and for the granting of administrations, within
the precincts aforesaid, and with what power soever, and in such
form as to the said William Penn or his heirs shall seem most con-
venient." See Duke of Yorke's Book of Laws, Harrisburg, 1879,
page 83.
The first legislative provision on the subject subsequent to the
Charter, seems to be the Act of Assembly passed in the year 1705,
entitled, "An Act concerning the probates of written and nun-
cupative Wills, and for confirming devises of lands," in i Smith's
Laws, 33, the 8th section of which, page 35, is as follows:
" And be it further enacted, that there shall be an officer called Register-
General, to be commissioned by the Governor, from time to time, for the pro-
bate of Wills, and granting letters of administration in this Province; which
OF PHILADELPHIA. 137
Register-General shall keep his office at Philadelphia, and shall from time to
time, constitute a sufficient deputy to officiate for him in each of the other
counties of this Province, who, being by him deputed, shall be, and are by this
Act empowered to take probate of Wills and grant letters of administration in
the respective counties, as fully and amply as the Register-General himself
ever could or can do, according to the powers granted by the Royal Charter of
the late King Charles II. Which Deputies shall have and use a common
Seal, to be provided at the charge of the respective counties where they serve,
with like inscriptions as is, or shall be, upon the Seal of the Register-General's
office at Philadelphia. Provided" &c.
This Act was followed by another, passed June 7, 1712, which
will be found in Peter Miller 's Laws, Vol. 1., p. 50. It is not
contained in Smith' s Laws, as it is a repealed Act, but is referred
to therein in Vol. L, p. 36, n. x. By this last-mentioned Act it is
provided as follows :
" And be it further enacted, that where objections are made, or caveats en-
tered against proving any Will or granting letters of administration ; and where
there is or shall be occasion to take the final accounts of executors or adminis-
trators, or make distribution of decedents' estates, the Register- General and his
Deputies, respectively, shall, in every case, call to their assistance two or more
of the Justices of the said Courts of Common Pleas for the county where they
are concerned, who are hereby empowered and required to give their assistance
accordingly, to decide the said caveats and matters in controversy, settle the
said accounts, to make distributions, and do all other judicial acts, as do or
shall belong, or ought of right to be done by any person or persons having
power by law to take probate of Wills, and grant letters of administration."
There does not appear to have been any other legislation on the
subject until the adoption of the State Constitution of 1776, the
34th section of which declared that a " Register's office for the
probate of Wills and granting letters of administration, and an
office for recording of Deeds, shall be kept in each city and
county." This language does not establish a Register's Court.
In the succeeding year, the offices of Register and Recorder
having been displaced, by the change of State government, were
re-established under the Constitution, by the Act of March 14,
1777 ; i Smith' s Laws, 443.
Subsequently, on Feb. 28, 1780, an Act was passed entitled,
"An Act for Erecting an High Court of Errors and Appeals."
It will be found in McKean 's Laws of Pa., 270. The 8th sec-
tion of the Act is as follows :
" And be it further enacted, -by the authority aforesaid, that upon hearing of
any cause litigated before the Register of Wills and for granting of administra-
tions, the depositions of the several witnesses examined therein shall be in
writing, and made a part of the proceedings in the cause ; upon which the said
Court of Errors and Appeals may reverse the decree of the said Register for
any error, arising either in fact or law or affirm the same, according to the
merits and justice of the case."
It will be observed that the reversal may be based either
138 MARTIN'S BENCH AND BAR
upon fact or upon law. In Section 9 of the Act it is declared
as follows :
" Prmrided, &c., That if the said Register, upon a dispute upon the facts
arising before him, shall send an issue into the Court of Common Pleas of the
County, to try the said facts, which he shall do at the request of either party,
and if a verdict establishing the said facts be returned, the said facts shall not
be re-examined on appeal; and that no appeal from the decree of the -aid
Register concerning the validity of the Will or the right to administer, shall
stay the proceedings or prejudice the act of any executor or administrator
pending the same, provided the executor shall give sufficient security for the
faithful execution of the Will and Testament to the said Register; but in i-asr
of refusal, the said Register is hereby directed to grant letters of administration
during the dispute, which shall suspend the power of such executor during that
This section separates fact from law, and provides a mode of
conclusively settling the former.
The Act above mentioned was repealed by the 22nd Section of
the Act of April 13, 1791, hereinafter cited; but it appears to be
the first appearance in our Legislature of the language of the 41 st
Section of the present Act of 1832, and it will be observed that
that language is here applied to the Register. It is evident, there-
fore, that the language, does not refer to, or imply, a Court, or
judicial proceedings, or judicial discretion, for it is used here with
reference to a lay officer, and to non-judicial proceedings, and its
obvious intent was to give a positive right, as against the officer,
and to displace all discretion on his part. The significance of
the language, so far, at least, as verbal interpretation is concerned,
and the aim and purport of the provision, cannot surely be essen-
tially changed by merely changing, as was subsequently done, the
person to whom the language is addressed, and by transferring its
application from the Register to the Register's Court.
Next followed the State Constitution of 1790, which, in Article
V. Section u, declared that "a Register's office for the probate
of Wills and granting letters of administration and an office for
recording Deeds, shall be kept in each county;" and in Section
7 of same article, declared that "the Judges of the Court of Com-
mon Pleas, of each county, any two of whom shall be a quorum,
shall compose the Court of Quarter Sessions of the Peace and
Orphans' Court thereof, and the Register of Wills, together with
the said Judges, or any two of them, shall compose the Register's
Court of each county."
This is the first constitutional establishment and recognition of
a Register's Court, for we have already seen that the Constitution
of 1776 speaks only of "a Register's office."
Next follows an "Act to establish the Judicial Courts of this
Commonwealth, in conformity with the alterations and amend-
ments in the Constitution." passed April 13, 1791 ; in 3 Smith's
Laws, 28. The i8th Section is as follows:
OF PHILADELPHIA. 139
" And be it further enacted on the authority aforesaid, that upon the hearing
of any cause litigated before the said Register's Court, the depositions of the
several witnesses examined therein shall be taken in writing, and made part
of the proceedings in the cause, upon which the said High Court of Errors and
Appeals may reverse the decree of the said Register's Court, for any error
arising either in law or fact, or affirm the same, according to the merits and
justice of the case. Provided, always, that if the Register's Court, upon a dis-
pute upon facts arising before them, shall send an issue into the Court of Com-
mon Pleas to try the said facts, which they shall do at the request of either
party, and a verdict establishing the said facts be returned, the said facts shall
not be re-examined on appeal; and that no appeal from the decree of the said
Register's Courts, concerning the validity ot a Will, or the right to administer,
shall stay proceedings or prejudice the acts of any executor or administrator
pending the same, provided the executor shall give sufficient security for the
faithful execution of the Will and Testament to the Register ; but in case of
refusal the said Register is hereby directed to grant letters of administration
during the dispute, which shall suspend the power of the executor during that
time."
It will he observed that the foregoing section transfers and
applies to the Register's Court, the language which by the above-
cited Act of 1780, was applied to the Register, and that it also
continues the distinction between law and fact, and the difference
in the mode of dealing with each respectively.
The foregoing Act continued in force until the passage of the
revised Act of March 15, 1832, " Relating to Registers and
Registers' Courts; P. L., 135.
The 40th Section of this Act [Purdon, p. 1256, pi. 21,] is as
follows : " The testimony of all witnesses examined in any cause
litigated before any Register's Court, shall be taken in writing
and made a part of the proceedings therein, upon which testimony
the Court having jurisdiction of such cause, by appeal may affirm,
reverse, alter or modify the decree of the Register's Court." The
4ist Section \Purdon, p. 1256, pi. 22] declares that "whenever
a dispute upon a matter of fact arises before any Register's Court,
the said Court shall at the request of either party, direct a precept
for an issue to the Court of Common Pleas of the County, for the
trial thereof, in the form prescribed for the direction of Registers,
changing such parts thereof as should be changed according to
the circumstances of the case ; and the facts established by the
verdict returned, shall not be re-examined on any appeal." The
distinction between law and fact, is by these provisions still
maintained.
" The Act of 1832 is not of very easy, consistent interpretation,"
as was said by Thompson, C. J., in 21 P. F. Smith, 413. It may
be well, therefore, with reference to the two sections of it above
mentioned, to quote the observations made by the revisers in their
report. See 2 Parke & Johnson' 's Digest, 869.
" The residue of the Bill relates to the Register's Courts. It is to be com-
posed of the Register and any two Judges of the Court of Common Pleas of
140 MARTIN'S BENCH AND BAR
the respective county. This is the provision of the Constitution, sec Article V.
Sec. 7 (Purdon, 703, 705). The powers and jurisdiction of the Court are
there described. In substance they are those contained in the Act of June 7,
17 '12; Purdon, 703, n. The Register is required to record the proceedings of
his Courts in a book, and to frame a sufficient index thereto. This last provi-
sion is new, but of obvious utility. The testimony of witnesses examined in
these Courts, is to be committed to writing, and error in law, or in fact, may
be assigned therein. These provisions are from the Act of April 13, 1791,
Sec. 18 (Purdon, 704). The Court, on the request of a party, is required to
direct a precept into the Court of Common Pleas, for the trial of disputed facts
in the manner prescribed for the direction of the Registers. The verdict re-
turned is made conclusive of the facts established thereby. (Purdon, 704)."
With reference to the section of the Act providing for the
issuing of a precept by the Register to the Common Pleas, the
revisers in their report above referred to, have indicated their
view of the scope and purpose of the Act, and thus afforded a
key to its proper construction. Their explanatory remarks, as
follows, will be found in Parke & Johnson, 864.
" The preceding sections having provided the means of compelling the pro-
duction of Wills for probate, and the attendance of witnesses; having also sup-
plied certain rules for the direction of Registers in matters of evidence, provi-
sion is made in this section for the decision of controversies, which by existing
laws require the intervention of a jury. When opposition is intended to the
admission of a testamentary writing to probate, the practice is to lodge with the
Register what is termed a caveat. The Register thereupon convenes a Regis-
ter's Court, according to the direction of the Act of June 7, 1712, (Purdon, 703,
n.). If the legal sufficiency of the writing, or conclusions of law from admitted
facts only are in controversy, that Court is the proper tribunal, and competent
to the decision of the entire question. But when the controversy relates, as it
frequently does, to extrinsic facts, such as the capacity or incapacity of the
supposed testator, the Court is required by the Act of April 13, 1791, Sec. 18,
Purdon, 704, to send, at the request of a party, an issue intq the Court of
Common Pleas, for the trial of the facts in dispute. As the Court can in such
case exercise no discretion, the direction of the Act of June 7, 1712, seems
unnecessary. The section now the subject of remark, proposes an alteration
of the practice in this particular. For this purpose it authorizes the Register,
in all cases where any matter of fact touching the validity of a testamentary
writing shall be alleged as the ground of caveat, to send at the request of a party
a precept in the name of the Commonwealth to the Court of Common I'leas
directing an issue. The form of the precept is given, and the result of the trial
is made conclusive of the facts established by it. By this method circuity and
some inconvenience and delay will be avoided. The precept has been framed
with a view to the exigency. It is unnecessary to remark upon its contents in
detail. The course of the proceeding required by the precept is left to the
practice of the Court to which it is sent. Detail in this particular would have
been inconsistent with necessary brevity, and also would have introduced mat-
ters inappropriate to its title. With this section the proceedings preliminary to
probate conclude." In questions of law, or of conclusions of law from ad-
mitted facts, the determination is solely by the Court. But where the contro-
versy relates to extrinsic facts, the Court is required, upon request, to send an
issue to the Common Pleas.
It will also be observed that the language of the Act of 1791,
referred to by the revisers, is of a double aspect, for it apparently
or PHILADELPHIA. 141
contains an element of discretion " if the Register's Court, upon
a dispute upon facts arising before them, shall send an issue," etc.;
and it contains, secondly, a positive command, " which they
shall do at the request of either party." It will also be seen that
the revisers appear to have wholly rejected the element of discre-
tion, and to have retained only the positive command, unqualified
by, and detached from the previously subsisting discretion, thus
markedly indicating by an emphatic centra-distinction, that the
imperative feature of the statute, as modified by them, was deliber-
ately intended to exclude the discretionary feature. This may
throw some light upon the meaning of the revisers when they say
in their explanatory remarks, that by the Act reported by them,
"Where the controversy relates to extrinsic facts, the Court is
required to send at the request of a party, an issue into the Court
of Common Pleas for the trial of the facts in dispute," and the
Court " can in such case exercise no discretion."
The Surveyors and Regulators
OF PHILADELPHIA.
Before giving a sketch of what is now "The Department of
Surveys," I would state the Surveyors-General were evidently the
chief surveyors of the City as well as of the State, and surveyed
and laid out all the lots of the purchasers and others, and that this
continued until the Revolution. We all know that Thomas
Holme made the original plan of the City of Philadelphia, and
surveyed the lots, as did also Edward Penington and Thomas
Fairman. On Dec. 14, 1719, Jacob Taylor was employed to run
the streets of the city, and in 1737, Benjamin Eastburn was
appointed by the Common Council one of the Regulators of the
Streets, etc., and altered the plan of the city streets. 1 After this
date the Surveyor-General, for the time being, was always
appointed one of the Regulators. I have no means of knowing
whether before 1782, any one except the Surveyors-General sur-
veyed and laid out the building lots in this city; but in the year
1774, David Rittenhouse and Edward Bonsall, two skilful survey-
ors, were appointed with others, Regulators of '' Party Walls,
Buildings and Partition Fences."
From an old manuscript 2 of 16^ pages, all in the handwriting
of the late James Pearson (except the first four pages, which were
written by Reading Howell, and a foot-note on. the third page,
by Alphonso C. Ireland), appointed one of the City Surveyors,
1 See an Explanation of this Map of the City and Liberties of Philadelphia,
by John Reed, Philadelphia, Sept. I, 1774.
2 This old MS. is now in the possession of Spencer Bonsall, late Chief Sur-
veyor of the city, a great-grandson of the above-mentioned Edward Bonsall,
who was appointed Surveyor and Regulator in 1774, and who died I mo. 23d,
1826, in the 88th year of his age.
19
142 MARTIN'S BENCH AND BAR
under the Act of 1782, I copy the following interesting account
of the Regulators of the Streets, etc., from 1698 to 1774, which
I will continue, and to which I propose to add a list of those
whom the authorities I have consulted and the surveys in the De-
partment point out as the Principal Surveyors of the City, and a
list of those appointed Regulators of Party Walls, Streets, etc., at
different times. I give here a copy of the old manuscript re-
ferred to, in full, viz :
" The earliest direction that I find in Pennsylvania for appoint-
ing Regulators of the streets, is by a Law passed the loth William
III., 1698, as follows: Forasmuch as the Ornament of Towns &
Conveniency & health of the Inhabitants so much depend upon
the due Regulacion of Streets and Landing places, and that the
said Streets & Landing places & Water Courses may be Effectu-
ally Regulated & repaired,
Be it Enacted by the Proprie'y & Governor & With the advice & Consent
of y e firemen of this province & territories in General Assembly met & by the
Authority of the Same, That it shall & may be Lawful for the Gov'r for the
time being with four of the Council, from time to time to Nominate & Appoint
such & so many as he & they shall think needful of the Substantial Inhabitants
of the said towns respectively as often as Occasion shall be, to Regulate the
said Streets & Water Courses, and to Order the pitching & Paving thereoff, as
also the clearing of docks, where such may be, & repairing landing places &
Bridges in the said towns, Provided that all water Courses underground in such
towns as aforesaid shall be arched & laid with brick or stone; and for defray-
ing the charge of Pitching, paving, Gravelling & Regulacion of sd Street.^ \
Scouring & Cleaning the docks, Each Inhabitant Shall Pay toward the same in
Proportion to the Number of feet his or her or their lotts or land Adjoining on
each or either side of the Said Streets or docks ; & for Repairing landing places.
Bridges, making Common Shores, Sewers & Paving, Pitching, Gravelling \
Regulating any Part of the streets or Scouring & Cleaning Any Part of the
docks belonging to the Public, each inhabitant in the said Respective town or
Place Shall Pay his her or their proportional Rates according to their estates in
each town.
These Regulators with the advice and Assistance of the Justices
of the Peace of the Respective Counties or at least two of them
were Impowered to Levy a Tax for the public purposes aforesaid
& enforce payment &c. and further enacts ' That each & every
owner & Inhabitant of any & Every house in Philadelphia, New-
Castle & Chester shall plant one or more tree or trees, viz, Pines,
unbearing Mulberries, Water Poplars, Lime or other shady &
Wholesome Trees before the door of his her or their House or
Houses, That the Houses may be well shaded from the Violence
of the Sun And rendered more Healthy.' Vide Manuscript Laws
of Pennsylvania, page 64, <5rv., Book C, page 57.
' In Council Ijth May, 1699 Win. Markham, Esq r . Leivt Governor."
See i C. R., and ed., 559.
" PETITION about y e Streetts. Upon reading the petion of several of the
OF PHILADELPHIA. 143
Inhabitants of the town of Philadelphia, setting forth the neglect of Levelling
the streets & ordering the Currents y'of, & the annoyance of the inhabitants by
obstruction of the said Currents and y r for requesting y e Gov. & Council to
appoint psons to remedie y e same according to Law. Ordered that Edward
Shippen, Joshua Carpenter, John Jones, Charles Read, Jno. Parsons, Wm.
Southebe & Robert Turner, or anie foure of them, do with all expedion psue
y Law made in the year 1698 entituled The Law for regulating streetts &
water-courses in the cities & towns of this governm* ; & that they begin with
the High street wharff, The Currents between Robert Yieldall's & the widow
Borden's, & the Currents & Wharf of Humphrey & John Morrey's 1 & Wm. Hearr."
In Council ad Mo. 4th, 1701. Present The Proprietary and Governour.
On Petition of severeal of the Inhabitants of Philada representing the great
inconveniency the Town in general lies under and ' more Particularly the In-
habitants near the end of High Street on Delaware by its being broken down
and wash 1 away,' &c. ORDERED that in persuance of the Act for the
Regulating the Cities and Towns of this Government, that ' a Commission be
forthwith directed to Francis Cook, James Atkinson, Charles Read, Jonathan
Dickinson, Thomas Masters and John Parsons, to regulate the Streets & Water
courses of the Town of Philadelphia, and generally to transact and perform all
the Several particulars for which power is given by Said Act.'
Extracts from the Commission. Book C, page 85 &c. [2 C. ^.,and ed., 23.]
As often as occasion shall be to Regulate the streets & water courses of the
Town of Philadelphia and to order the pitching, paving and Graveling thereof
&c., And for defraying the Charges of such regulations I do hereby require you
or any Four of you with the advice and assistance of the Justices of the Peace
of the County of Philadelphia or at least Two of them, to calculate and com-
pute the said charges and there upon with the assent of me and Four of the
Council equally to lay rates &c. Given under my hand and seal at Philadelphia
ad 4th mo. 1701. WM PENN
In the Charter Incorporating the Town of Philadelphia and
Erecting it into a City there is not any express authority granted
the Mayor, Aldermen and Common Council to regulate the lines
of the streets, or the Water Courses of Philada. But they are
authorized ' to make (and they may make, ordain, constitute and
establish) such and so many good and reasonable Laws, Ordi-
nances and Constitutions (not repugnant to the Laws of England
and this Government) as to the greatest part of them in such
Common Council assembled (where the Mayor and Recorder for
the time being are always to be present) shall seem necessary and
convenient for the Government of the said City.
It is probable that the persons named in the Commission afore-
said, Continued to act as the Regulators of the streets and Water
courses for several years, as some of them were of Aldermen and
others of the first Common Council appointed by Charter and all
of them strict friends of the Proprietor. The Laws of 1698 con-
tinued in full force for many years and never (was) formaly re-
pealed but only partially supplied in the year 1711, by the act
1 Morrey should be Murrey. The writer in making quotations from the
records, has reconstructed the sentences and modernized the spelling. In some
cases I have found it necessary to restore the old phraseology, where the mean-
ing appeared obscure. J- H. M.
144 MARTIN'S BENCH AND BAR
raising money on the Inhabitants of the city for the public use
and benefit thereof.
In those times some dispute had arisen respecting the streets, for
on the 2ist Sept., 1705, The Mayor and Recorder reported to the
Common Council ' That they had applied to the Commissioners
(of property I suppose) to consent with them to lay out the Bounds
of the City and that the Commissioners refused to Join with the
Corporation therein' and the Recorder (David Lloyd) ' do con-
sider w* method may be taken to do the same & Report it at the
Next Meeting.' No report appears on the minutes. But on the
29th April, 1706, 'The Recorder, Alderman Story and Robert
Assheton were directed to draw a new Draught of a Charter and
Insert therein such Privileges as appeared deficient, also to write a
letter to the Proprietor on the subject and that a coppy of the said
letter be sent to some person in London to solicit the same with
the Proprietary. The Draft of the Charter was produced at a
subsequent Meeting, amended and ordered to be engrossed and
sent over to London, but the result is not on the minutes.
It is probable that there was an ordinance for surveying the
streets about this time, for the Act of Assembly passed Feb. 18,
1710-'!!, only provides that the Mayor, Aldermen and Common-
alty should ' Nominate and chuse Two or more discreet persons
understanding the art of Building and Qualify them according to
Law for Surveyors or Regulators within the same.' These were
only to lay out the lines for foundations of buildings and for party
walls, which is all those persons were to do by that act. 1 which
was repealed by the Queen (Anne) Feb. xoth, 1713. But during
the continuance of that Act and before they could have notice of
the repeal, the Corporation 14 Nov., 1712, Ordered the Mayor
and Commonalty of the City to view the respective Streets and
Water Courses within the same and consider the proper methods
for the more Commodious Regulation thereof, And on the igth
June, 1713, the Mayor, Aldermen and Common Council of the
City in Common Council assembled (probably a report made)
concluded on the Regulation of the Water Courses of several of
the streets. And there being Overseers of the Streets and Roads
at this time perhaps the streets were formed by the Citizens then
called out to work on them Agreeably to those regulations, as
to this day several of them Descend nearly in the manner then
Ordered. (I have omitted the above.) That on the i4th Nov.,
1712, Jonathan Dickinson and the Commonalty of the City
' Ordered that an Ordinance be drawn by the Recorder for the
better Regulation of the Streets of this City, and for Obliging the
'The Common Council on July 22, 1712, appointed Thomas Griffiths,
Thomas Redman and Samuel Powel, " Regulators of Particion Walls within
this city."
OF PHILADELPHIA. 145
Owners of lands, &c. within the same to pave before their res-
pective Tenements.
On the 1 2th of March, 17 13-' 14, George Roche, Mayor, 'Alder-
men Dickinson, Carter and Teague, Thomas Griffiths, Owen
Roberts, Joseph Redman and William Fishbourne or some four of
them are appointed Regulators of the Streets and Water Courses
of this city, who may from time to time give such orders therein
as may best suit and accommodate the public.'
The Law for raising money on the Inhabitants of Philada for
the public use and benefit thereof, Pass'd ;th June 1712, only
provides for the chusing of Six Assessors to Assess the Inhabitants
and Estates within the city, But takes no authority seemly from
the corporation, only defining some of the powers thereof, and
makes no provision for the appointment of other persons to regu-
late the Streets or Water Courses, the former mode continuing in
Use.
On the Qth of August 1717, the Mayor and Commonalty made
an appointment of nine persons to regulate the Streets and Water
Courses (some of these were Aldermen and others regulators of
Party Walls) and in the following year, Thomas Redman (a Regu-
lator) was appointed Inspector of Water Courses, who was to take
care that they were done according to Regulation.
On the i4th of Decem'r 1719, the Mayor (William Fishbourne)
and Alderman Hill ' In conjunction with the Regulators are re-
quested to Imploy Jacob Taylor to run out the several streets of
this city, and that they Cause the same to be Staked Out to pre-
vent any encroachment that may happen in Building for the want
thereof. '
The Law passed 24th Feb'y 1720-21, Is silent on the powers of
the corporation to regulate the Streets and Water Courses, But
gives authority to them to appoint Surveyors or Regulators to
mark the lines of lots for the foundations of buildings, value Party
Walls &c. and directing the mode of appeal from the Surveyors
to the Mayor and Commonalty 'at the next Common Council.'
On the 2ist April 1721, the Mayor, &c., pursuant to the Law
above mentioned appointed George Claypoole, Thomas Redman,
Samuel Powel and James Steele or any two of them ' as Regula-
tors of Party Walls and Partition fences within this City.' The
Mayor and Commonalty continued to regulate the Streets and
Water Courses by a Delegated authority to several members of
their own Body, amongst whom were generally some of the Sur-
veyors or Regulators of buildings and Party Walls. For on the
24th of April, 1723, It was ordered in Common Council that
' Aldermen Fishbourne and Carter, Edward Roberts and John
Cadwalader (Common Council-men) with the Surveyor General
lay out the High Street and fix the wharves for the Ferry' (mean-
ing the middle Ferry on the Schuylkill. A Similar appointment
146 MARTIN'S BENCH AND BAR
on the 25th of March, this year, of six persons ' to consider the
best method of the Water Course to the river on Mulberry Street
and make report thereof to the next Council.' (The Arch lead-
ing to the river in Mulberry Street was now pulled down and the
Hill impassable.)
On the 30th Aug., 1725, Evan Owen, Israel Pemberton and
John Jones were appointed Regulators of the City ' and Jacob
Taylor is added in the room of Thomas Redman, Deceased.'
These were only Regulators of Lots, Party Walls, &c.
It appears by a minute of the Corporation 26th June, 1727,
That an Ordinance for the better Regulating the Streets and \Vat-
ter Courses, pitching and paving the streets, &c., had been pub-
lished and in use many years. Said Ordinance was now revised
by the Mayor and Commonalty in /Common Council assembled
and some new regulations respecting the Pumps standing in the
streets, (All of whom belong to Private Persons) was ordered to
be added thereto.
There is no Memorial (that I can find) relative to the streets or
Regulators until the 29th October, 1733, when the corporation
ordered, that ' The Mayor for the time being Aldermen Fitzwater,
Edward Roberts, George Mifflin, John Jones, Israel Pemberton,
Edward Warner and Jacob Taylor or any four of them, of which
the Mayor for the time being to be one, to regulate the Streets of
this city.'
And at a Common Council August 8th, 1.737, ' Benjamin
Eastburn, the Surveyor General of this Province,' (Jacob Taylor,
late Surveyor General being Deceased,) ' is now appointed one of
the Regulators of this city, and is to assist in all Regulacions of
the Streets, who is to be paid for his trouble in giving his Assist-
ance.' It is probable none were paid before this time for regulating
the streets, (except a small sum to ' Jacob Taylor for running out
High street" &c. ) as there is no item in the Accounts for that ser-
vice, they being mostly either the Aldermen or of the Common
Council and generally rich men.
In 1742, Aug't. 9th. The Corporation ' having taken into con-
sideration that there are not a sufficient number of Regulators to
regulate the streets of this city, the following persons are appointed
for that purpose, viz't. the Mayor and Recorder for the time be-
ing George Fitzwater, Israel Pemberton, Edward Warner, William
Parsons, Samuel Powel, Senior, Samuel Rhoads, Edward Shippen
and Thomas Hart, and it is Ordered that all Regulations be made
by some four of them, The Mayor or Recorder being one of the
number.'
The Common Council appointed on the i4th of July 1748
' Nicholas Scull (Surv'r Gen'l) and Joseph Fox,' together with
such of the former appointment (in 1742) as could attend, Regu-
lators of the streets of this city ; as several of those then chosen
OF PHILADELPHIA. 147
were since disabled by sickness or removed out of Town. And at
the same time directed sd N Scull and Joseph Fox with Samuel
Rhoads to determine ' the lines and boundaries Dividing the
grounds of Edmund Wolley and Casper Ulrich and make report
to the next Common Council.' This shows that the Corporation
understood that those persons whom they appointed to survey the
streets were also to survey & and regulate the Lots. And for
many years prior to this time there was no persons specially
appointed to Regulate lots and Party Walls, but those chosen to
survey the streets performed the whole.
On the 2gth of April 1758, ; It being represented to the Cor-
poration now met' That of the Regulators of the Streets hereto-
fore appointed, no more remained than Samuel Rhoads, Joseph
Fox and Nicholas Scull, which not being thought a sufficient num-
ber, the Board agree to add Philip Syng, Hugh Roberts, Jacob
Lewis, and John Palmer, any three of whom, together with the
Mayor and Recorder, or either of them, and any three of the
Aldermen for the time being, to make a Quorum for regulating
the streets and water courses of this City.' Being in order of
time it may be well to note here the Law passed the 6th March
1762, appointing six Commissioners to pave the streets of Phila-
delphia and for Regulating, making and amending the Water
Courses and Common Sewers &c. &c. By this Act ' The Mayor
or Recorder and any Four Aldermen with the Commissioners shall
consider and agree which of the streets &c' shall be first paved
' having regard to the streets that are most used by the Country
in bringing their produce and Effects to Market,' and in another
section it is ' Enacted, That the said Mayor or Recorder and Four
Aldermen together with any four of the Regulators of the said
City for the time being shall appoint and direct the Regulation
of the said Streets, Lanes, Alleys and 'Common Sewers, with de-
gree of Descent of each Water Course.' And in the supplement
to that Act, Pass'd 4th March 1763, the footways are to be paved,
posts to be fixed by the Owners of the several lots when the Mayor
and Aldermen with the Commissioners shall direct. There is
the same authority Given to the Magistrates and Regulators in
these Acts as in that pass'd in 1769, respecting of Streets, lanes,
Alleys, Water Courses and Common Sewers.
On the loth of April, 1764, 'John Lukens, Surveyor General
is appointed by the Board ' (of Common Council) one of the
Regulators of this city in the room of Nicholas Scull, Deceased.'
No new appointment of Regulators was made until The 251!!
Day of June, 1774, when on 'Being represented to the Board,
that an additional number of Regulators were much wanted, The
following persons were appointed Regulators of party walls, Build-
ings and Partition fences in the City of Philadelphia : Vizt,
David Rittenhouse, Robert Smith, (Carpenter. ) Thomas Morris,
148 MARTIN'S BENCH AND BAR
Edward Bonsall and William Callady.' This was the last ap-
pointment under William Penn's Charter to Philadelphia. These
persons with those of former appointments that chose to act per-
form'd the business of Regulating unto near the middle of the
Revolutionary war."
Under the Act of Assembly of Feb. 24, 1721, Common Coun-
cil was empowered to appoint two or more skilful persons Survr}
ors or Regulators of Party Walls, &c.; i Dallas' Laws, 152. In
a foot note it is stated " This Act had lain dormant and inoper-
ative for some time in consequence of the dissolution of the Cor-
poration of Philadelphia, at the time of the Revolution, the Cor-
poration alone being empowered to appoint Surveyors and
Regulators. It was therefore amended and rendered effectual by
the Act of April 15, 1782 ; 2 Dallas, 65. By the latter Act the
power of appointing the Surveyors and Regulators was vested in
any four of the Justices of the Peace," (with four or more of the
Commissioners for paving and cleaning the streets.) " But the
Act of March n, 1789, incorporating the city, (sections 29 and
30,) incidentally restored the appointments to the Corporation."
After the passage of the Ordinance of May 9, 1804, none but per-
sons deemed skilful Surveyors or Builders (/. <?., House Carpen-
ters) were appointed Surveyors or Regulators.
The Surveyors and Regulators appointed under the Act of Apri 1
15, 1782, were Joseph Wetherill, (lumber merchant); James
Pearson, (surveyor); Josiah Matlack, (surveyor), and John
Connelly, (shop-keeper). See White Directory for 1785. From
Surveys, as signed, I find that in 1782, Thomas Nevell, John
McCulloch, William Moulder and Gunning Bedford were also
Surveyors or Regulators, and that in 1788, Joseph Fox, (house
carpenter), was one of the Regulators. See i Dallas, 308; Wells,
appellant, v. Fox. He died in 1811 ; when he ceased to be one of
the Regulators I do not know, but from 1801 to 1807 he was
" Cryer of the Court." See old Directories. I found a Survey
dated in 1803, signed by Pearson and Reading Howell.
The Ordinance of Councils of May 9, 1804, entitled an Ordi-
nance to appoint Surveyors of Streets, &c., authorized the Mayor
to appoint two qualified persons to survey and regulate the streets,
who should make a large and correct plan of the streets and mark
the natural water courses and common sewers thereon, and record
the same in a book to be kept for that purpose, with proper refer-
ence to the draft, their surveys of the streets, &c. There is now
(1879) ' n possession of the Surveyor and Regulator of the Third
District a large manuscript volume of surveys, &c., of the streets
of the old city of Philadelphia, in the clear, bold handwriting of
Reading Howell, on the title page of which it is stated that it was
made in accordance with the Ordinance of 1804; at the foot of
OP PHILADELPHIA. 149
the title page is the date MDCCCIX. I am, therefore, inclined
to believe that Reading Howell was one of the City Surveyors
appointed under the Ordinance of 1804, (who the other was I am
not even able to guess) for an Ordinance was passed on March 3,
1806, called, "a supplement to the Ordinance entitled an Ordi-
nance to appoint Surveyors," &c., in which it is stated "Whereas
two Surveyors have been appointed as by said Ordinance is
directed, one of whom is since deceased, and whereas such pro-
gress has been made by the surviving Surveyor in the duties
assigned to them by the said Ordinance as renders the appoint-
ment of another unnecessary," &c. A further supplement of June
18, 1807, refers to the "Surviving Surveyor," James Pearson
was not a City Surveyor from 1800 (when Josiah Matlack was sole
City Surveyor), until 1808 ; the Directories between those periods
call him "late City Surveyor ;" the Directory of 1808 gives him as
" City Surveyor," yet on Oct. 16, 1806, I found a survey signed
by James Pearson and William Garrigues; the latter was a carpen-
ter ; but Mease, in his Picture of Philadelphia, p. 147, in 1811,
gives him as one of the City Surveyors. I find one of Pearson's
surveys as late as April 30, 1813. He died in August of that
year. The Directory of 1809 calls William Stevenson " City
Surveyor ;" he was a carpenter, and died in 1817.
An Ordinance of July 13, 1809, to regulate the streets, states
that " the said Draft and Book of Reference having been com-
pleted," the Surveyors of the City shall regulate the streets, &c. ,
agreeable to said Draft and Book.
The Ordinance of Oct. i, 1811, directs "the City Regulators
or a majority of them," to fix the width of the footways in the
streets, &c., and enter them in the Book of Record of the said
Regulators.
An Ordinance of August 6, 1814, authorized the Mayor " to
appoint three discreet and skilful persons, duly qualified, to be
Regulators and Surveyors of the City * * at least two of
whom shall be practical Surveyors, one of whom shall be desig-
nated by the Mayor, at the time of the appointment, to be the
Recording Surveyor." Under this Ordinance Reading Howell,
Samuel Hains and Alphonso C. Ireland, were appointed Sur-
veyors and Regulators. Mr. Howell being designated as the
"Recording Surveyor." Before the time of Reading Howell,
James Pearson and Thomas Nevell seem to have made the most
careful surveys ; but paper appears to have been- scarce between
1782 and 1813, Pearson's term of service. I found surveys made
on the back of the counts of lottery drawings, on backs of elec-
tion returns, and some on the backs of letters addressed to the
"President of the Bank of the United States," and one on the
back of a letter from Col. Henry to Capt. Pearson. On one
survey was the following memorandum, signed " George Vaux."
ao
150
MARTIN'S BENCH AND BAR
"The Blue Anchor Tavern stood at the N. W. Cor. of Front
& Dock & was pulled down about 1810." J. Edgar Thompson,
late President of the Pennsylvania Railroad Company, and a
native of Delaware County, ran the lines of some of the streets ;
a number of his Surveys are on file in the office of the Surveyor
of the 3d District, very carefully and handsomely drawn.
By an Ordinance of Council of Dec. 5, 1839, it was ordered
that in January of each year thereafter, Councils should in joint
meeting elect two persons to be City Surveyors and Regulators,
one of whom should be designated at the time of his election.
"Principal City Surveyor," and the other " Assistant City Sur-
veyor and Regulator." Minutes of Select Council. Previous to
the passage of this Ordinance, Samuel Hains, who was elected
there under the " Principal City Surveyor," was the " Recording
Surveyor," and, no doubt, succeeded Reading Howell in that
office, after his death, in 1827. Reading Howell made a com-
plete map of Pennsylvania in 1792, under the Act of Congress to
encourage Learning and for securing Maps, &c. The first map,
that embraced the entire Province of Pennsylvania, was that of
William Scull, made in 1770.
The following lists give the names of the Principal City Sur-
veyors and Regulators and Assistants to date.
Principal City Surveyors.
Thomas Holme, Surveyor- General, 18, 2 mo., 1682
Edward Penington, " Feb. 20, 1698
Thomas Fairman, " , 1702
Jacob Taylor, " Nov. 26, 1706
Thomas Redman, from 1712 to 1725
Jacob Taylor, 1 appointed Aug. 30, 1725
Benjamin Eastburn, Surveyor- General Aug. 8, 1737
William Parsons, " Aug. 27, 1741
Nicholas Scull, Jan'y 14, 1748
Joseph Fox, Regulator, Jan'y 14, 1748
John Lukens, Survey or- General, April 10, 1761
David Rittenhouse, appointed J an 'y 25, 1774
Edward Bonsall, J an 'y 2 5> *774
Josiah Matlack, April 15, 1782
James Pearson, April 15, 1782
Reading Howell, , 1804
James Pearson, , 1808
William Stevenson, , 1809
William Garrigues, , 1811
Samuel Hains, Aug. , 1814
Alphonso C. Ireland, Aug. , 1814
1 Vice Redman.
OF PHILADELPHIA. 151
Enoch Lewis, 1 appointed . 1827 to 1834
Edward H. Gill, 1834 to 1840
Samuel Hains, J an 'y 16, 1840
Samuel Honeyman Kneass, April 26, 1849
Spencer Bonsall May 9, 1853
Strickland Kneass, 2 May 29, 1855
Samuel Lightfoot Smedley, Mar. 14, 1872
ASSISTANT CITY SURVEYORS. 3
Ordinance of December 5, 1839.
Marine T. W. Chandler, appointed Jan'y 16, 1840
Spencer Bonsall, " July n, 1850
David Hudson Shedaker, " Sept. i, 1853
Principal Assistant City Engineers.
Office created by Ordinance of July 7, 1870.
James R. McClure, appointed July 7, 1870
J. Milton Titlow, " March i, 1874
ASSISTANT CITY ENGINEERS.
Office established by Ordinance of Feb. 6, 1874.
Rudolph Hering, 4 appointed Feb'y 6, 1874
John D. Estabrook, " Aug. 15, 1882
The Department of Surveys, of the City of Philadelphia, was
organized by Ordinance of Councils, under the provisions of the
2 7th- and 5oth sections of the Act (of Consolidation) of Feb. 2,
1854. The Ordinance was sent to the Mayor on Oct. 14, 1854,
and not having been returned to Councils within fifteen days
thereafter, became a law.
On March 27, 1855, Councils in joint session elected Strickland
Kneass Chief Engineer and Surveyor, together with twelve Dis-
trict Surveyors and Regulators, viz :
1. Charles S. Close, 7. James P. Davis,
2. David Hudson Shedaker, 8. William Reed,
3. Francis Lightfoot, 9. Henry A. Frink,
4. Joseph King, Jr., 10. Henry Haines,
5. Jesse Lightfoot, n. John H. Levering,
6. Spencer Bonsall, 12. Amos Stiles, Jr.
These to constitute a Board of Surveyors, with the Chief
Engineer as President. These gentlemen met once and organ-
ized, as a Board by electing Strickland Kneass Chief Engineer
1 Vice Howell. 2 Chief Engineer and Surveyor.
3 The Act of Feb. 2, 1854, abolished this position. 4 Resigned, Dec, 31, 1881.
1 -V2
MARTIN'S BENCH AND BAH
and Surveyor, and President of the Board of Surveyors ; but they
never performed any other duty, as they were superseded by a
supplement to the Act (of Consolidation) of April 21, 1855,
directing that the members of the Board of Surveys should be
elected by the votes of the twelve Survey Districts into which the
city was divided by the supplement one person to be elected in
each district, to serve for five years, "who shall have had five
years' experience and skill in his profession." The supplement
also directed that the Board should be organized by the election
of the Chief Engineer as President.
The said District Surveyors were duly elected on May i, 1855,
and the Board organized by electing Strickland Kneass Chief
Engineer and Surveyor. Journal of Select Council, May 7, 1855.
District Surveyors and Regulators.
Present members are indicated thus, *
1. Thomas Daly,
2. Charles S. Close,*
3. Spencer Bonsall,
4. Amos Stiles, Jr.,
5. Joseph H. Siddall,
6. James P. Davis, 1
7. Henry Haines,
8. Joseph S. Siddall,
9. Jesse Lightfoot,
10. Isaac Shallcross,
11. Charles H. Fox,
12. James Miller,
11. Samuel L. Smedley, 2
4. Edward D. Roberts,*
3. D. Hudson Shedaker,*
12. William H. Jones,*
5. John F. Wolf,
8. James Keily,
8. John H. Levering,* 1
7. William Albertson,*
i. Thomas Daly (2d) 4
13. Joseph Hibbard,* 8
10. Isaac E. Shallcross, 6
elected
1855
1855
1855
1855
1855
1855
1855
1855
1855,
May
May
May
May
May
May
May
May
May
May
May
May i, 1855
May 17, 1858
May 7, 1860
May 7, 1860
May 7, 1860
May 7, 1860
May 7, 1860
Oct. 10, 1865
Oct. 10, 1865
May 24, 1866
April 20, 1868
Jan'y i, 1871
1 James P. Davis died Nov. 25, 1879, a 8 e d 69.
* Vice Fox, resigned. "Vice Keily, deceased.
4 By the Board, in place of his deceased father.
5 The Act of Assembly of April 13, 1868, creating the 241)1 Ward, made it a
Survey District, which necessitated the appointment of a District Surveyor.
Mr. Hibbard was appointed by the Board, and continued, by election, since.
8 In place of his father.
OF PHILADELPHIA. 153
ii. George W. Hancock, 1 appointed Mar. 14, 1872
5. Andrew French,* 2 " Mar. 16, 1874
i. William C. Cranmer,* elected Nov. 18, 1876
n. Joseph Johnson,* " J an 'y l > 1878
6. Joseph Mercur,* 3 " Dec. 3, 1879
9. Henry A. Stallman,* 4 elected Feb'y 17, 1880
10. George S. Webster,* 5 appointed April 19, 1880
RECORDING CLERK
AND SECRETARY OF THE BOARD OF SURVEYS.
George Sturgis, appointed Mar. 31; 1855
The Department of Highways.
The office of Chief Commissioner of Highways was created by
the Act of Consolidation, /'. e., Feb. 2, 1854, P. L., for the
supervision of the streets and roads of this city and county. By
the Act of April 21, 1855. an( ^ Ordinance of Councils, the Chief
and his two Assistant Commissioners were constituted a Board for
the transaction of all business relating to the highways. -The
term of office at first was for one year, but since the new Consti-
tution, for three years.
CHIEF COMMISSIONERS.
Thomas Birch, elected Oct. 5, 1854
John McCarthy, " July 16, 1857
Conrad B. Andress, " July 8 1858
Joseph Shantz, " July 7, 1859
James Landy, " Feb'y 6, 1862
George W. Schofield, " Feb'y 26, 1863
William W. Smedley, " Feb'y n, 1864
Mahlon H. Dickinson, " Feb'y 12, 1867
John Liberton Hill, " Feb'y 18, 1875
William Baldwin, 6 " March 2, 1876
John D. Estabrook, Jan'y 6, 1883
A List of the Philadelphia Directories.
1785 ... by Francis White.
1785 ... " John Macpherson.
1 Vice Smedley. 2 Vice Wolf, resigned.
3 Vice Davis, dec'd. 4 In place of Lightfoot, who declined.
5 In place of Isaac E. Shallcross, resigned.
6 Mr. Baldwin was elected for the unexpired term of John L. Hill, who
resigned and was re-elected for three years, Jan. I, 1877, and again on Dec.
30, 1879, for three years from Jan I, 1880. He died suddenly of heart disease
on Jan. i, 1883, aged 45 years, on his way to attend a joint meeting of Coun-
cils, who were to fill his expired term of office.
154 MARTIN'S BENCH AND BAR
1791 ... by Clement Biddle.
1793 and 1794, James Hardie.
1795 " 1796, " Edmund Hogan.
1796 . . . Thomas Stephens.
1797 to 1 80 1, " Cornelius Wm. Stafford.
1799 . . . James Robinson.
1802 to 1811, " James Robinson.
1811 . . . *' Census.
1813 ... " John Adems Paxton.
1814 ... " B. & T. Kite.
1816 and 1817, " James Robinson.
1817 . . . " Edward Dawes.
1818 and 1819, " John Adems Paxton.
1820 ... " Edward Whitely,
1821 and 1822, McCarty & Davis.
1823 and 1824, Robert Desilver.
1825 ... " Thomas Wilson.
1828 to 1833, Robert Desilver.
1835 . . . Robert Desilver.
'1837 . . . Robert Desilver.
1837 to 1860, " Archibald McElroy.
1860 ... S. E. Cohen.
1861 to 1867, " Archibald McElroy.
1868 to 1883,! " James Gopsill.
Additional Justices of the Supreme Court,
OF THE PROVINCE OP PENNSYLVANIA.
During the publication of this work, Mr. Simon Gratz, of our
Bar, furnished me with the following copy of an ancient and
interesting document in his possession, being the oath of office of
certain Provincial Judges. I can but regret that I had no knowl-
edge of this important paper before, or of its contents, which gives
us another Chief Justice of the Provincial Supreme Court, Samuel
Jenihgs, and another Associate, Peter Baynton. on April 10, 1691.
Those of my readers familiar with our history, know that the
Minutes of Councils and the Colonial Records are missing between
November 21, 1690, and the 26th of April, 1693, and that there
are no Minutes of our Courts to be found that were made previous
to 1750, that I know of, so no researches of mine could have dis-
1 There were no Directories printed for eleven years, namely, none between
1785 and 1791, and none in 1792, 1812, 1815, 1826, 1827, 1834, nor in 1836.
The Directory of 1801 was on the plan of a street Directory, but the experi-
ment has never been repeated. Isaac Costa has been the compiler of Gopsill's
Directory since its first publication in 1868. A supplement to the Directory
for 1814 was printed in 1815. Paxton published a supplement to his Directory
for 1819, for the year 1820. The Directories for 1821 and 1822 are merely
that of 1820 with a supplement for the respective years.
OP PHILADELPHIA. 155
covered this information. As to the name of Joseph Growden,
it is a mooted question among historians whether it should be
spelled Growdon, or Growden ; it will be observed that Mr.
Gratz is in favor of Growdon. The paper referred to is as follows :
" Beit Remembered that Samuel jenings, Joseph Growdon, Thomas Wynne,
Peter Baynton, and Edward Blake, being commissionated Provincial Judges,
before they undertook or accepted their commission, they the said Samuel
Jenings, Joseph Growdon and Thomas Wynne, being desired, came into
Council on the loth day of the Second month, 1691 : and then and there de-
clared their allegiance to the King and Queen, and their lawful obedience to
Wm. Penn, Proprietor and Governor of this Province, and to discharge their
trust to the best of their understanding and capacity. In testimony whereof
they have hereunto sett their hands the day and year aforesaid at the Council
Room. SAML. JENINGS,
Jos. GROWDON,
THO. WYNNE."
The Mayors
OF PHILADELPHIA.
A Correction in the List.
The City Charter of March n, 1789, Sect, xii., says: "That
it shall and may be lawful for the Aldermen of the said city, or a
majority of them, to elect and choose by ballot, every year, or
oftener, if a vacancy shall happen by death or resignation, re-
moval from office or from the city, one of their own number, who
shall be Mayor for the City for the ensuing year." Duane 1 s
Ordinances of Philadelphia, 1805: 2 Dallas' Laws, 654.
The 5th Section authorized the election of Common Council-
men on the second Tuesday in April ; they were to meet and
organize on the next Friday thereafter, and I suppose they elected
in 1789, a Mayor on the day of organization, viz., April 13, 1789,
and not in October, as stated on page 95, ante. By the Act of April
4, 1796, the Councils elected the Mayor on the third Tuesday in
October, annually. Therefore, the following corrections should
be made in the dates of the elections of the Mayors, viz. :
Samuel Powel, by Council April 13, 1789
Samuel Miles, " April 12, 1790
John Barclay, " April n, 1791
Matthew Clarkson, " April 16, 1792
Justices of the Courts,
OF CHESTER COUNTY, PENNSYLVANIA.
From 1681 to 1790.
This list of the Justices of Chester County which includes the
names of those who were Justices of the Courts, that sat at Chester
now Delaware County was prepared from a careful examina-
tion of the records in the office of Internal Affairs at Harrisburg,
and may be considered perfect. I have prefaced the list with the
156 MARTIN'S BENCH AND BAR
names of the Swedish Magistrates at Tinicum and the Justices <>!
Upland Court, as being of interest in this connection.
The eldest Justice in the Commission present at any sitting ot"
the Court, was styled in the Minutes, the "President," but that
does not indicate that such Justice was the " Presiding Justice"
of the Court, or the first on the Commission. Those are given
here :
THE PRESIDING JUSTICES.
William Markham, Lieut. Gov. Nov. 30, 1681
William Clayton, President June 13, 1682
William Markham, " Sept. 12, 1682
John Simcock, " Feb. 14, 1682-3
William Penn, Present June 27, 1683
Christopher Taylor, President , 1684
John Simcock, " 6, 2 mo., 1685
John Bristow, " 2, n mo., 1689
John Guest, " 25, 7 mo. ,1703
Jasper Yeates, " , 1704
Caleb Pusey, " May 13, 1713
Jasper Yeates, " Aug. 26, 1717
Dr. John Wright, 1 " May 22, 1722
Richard Hayes, " Oct. 10, 1727
Henry Pierce, " April TO, 1741
John Crosby, 2 " J an 'y 7> J 745
Caleb Cowpland, " May .19, 1749
William Moore,' President Judge May 25, 1752
Thomas Worth, 4 " Oct. 20, 1759
William Moore, " Nov. 19, 1764
Alexander Johnstone,* " Sept. 3, 1776
Isaac Davis, " Mch. 31, 1777
William Clingan, " Nov. 18, 1780
John Pearson, " Dec. 22, 1787
1 Dr. John Wright left Chester County in 1726, and settled in, and became
Presiding Justice of Lancaster County in 1729. He died in 1741.
2 Died, October, 1750. He was the g. g. g. grandfather of the author of
this work ; another g. g. g. grand-son is Rear Admiral Peirce Crosby, of the
United States Navy, now commanding the South Atlantic Squadron.
3 Died, May 30, 1782, aged 84.
4 On Feb. 23, 1761, writs of superseded* were issued to Samuel Lightfoot,
Edward Brinton, Thomas Worth and John Morton, forbidding them exercising
the office of Judges of the Court of Commom Pleas of Chester County, under
the Act of Sept. 20, 1759. As Thomas Worth was the oldest Justice, I have
called him the President Judge, and not Samuel Lightfoot. Worth was, besides,
a prominent man in his day, as will be seen from the Colonial Records.
3 Alexander Johnstone and his associates were appointed Justices by the Con-
vention of July 15, 1776, a gross usurpation of power on the part of the Com-
mittee. The Minutes at West Chester will show whether they ever held a
Court, but it is not probable that they ever did.
OF PHILADELPHIA. 157
Justices of the Peace,
AND OF THE COURTS OF CHESTER COUNTY, PA.
From the Record of Commissions, &>c.
1658 Magistrates at Tinicum ; Hazard 's Annals of Pennsyl-
vania, 242 Oloff Stille, Mathys Hanson, Peter Rambo and Peter
Cock. Sheriff, Gregorius Van Dyck.
1668 Captain John Carr, Hans Block, Israel Helm, Peter
Rambo, Peter Cock, Peter Alricks and the Schout. [These are
supposed to have held Court at Upland. William/ Tom was
Schout or Sheriff, appointed Aug. 10, 1669. Edward Cantwell
was appointed Sheriff, Aug. 12, 1672, in place of Wm. Tom,
resigned.]
1674 -Justices for the river; Hazard 1 s Annals, 414. Peter
Coqk, Peter Rambo, Israel Helm, Laers Audriesson and Wolle
Swain.
1676 Upland Court Peter Cock, Peter Rambo, Israel Helm,
Lace Andries, Oele Swensen and Otto Earnest Cock. Clerk
EpJ^raim Herman.
1680 Upland Court Otto Ernest Cock, Israel Helm, Henry
Jones, Laurens Cock and George Browne.
1681 William Markham, Lieut. Governor and President,
William Clayton, William Warner, Robert Wade, Otto Ernest
Cock, William Byles, Robert Lucas, Thomas Fairman, James
Sandelands, Hendricks Bankson, Swan Swanson, Lasse Cock,
and Andreas Bankson. Sheriff, John Test. Clerk Thomas
Revel.
1682-3 John Simcock, President, Thomas Brassey, William
Clayton, Robert Wade, John Bezer, Otto Ernest Cock and Ralph
Withers. Clerk Robert Eyre.
1684 Christopher Taylor, William Wood, Nicholas Newlin,
George Maris, Thomas Usher, Robert Pyle, John Blunston and
John Harding.
1685 6th, 2 mo. John Simcock, William Wood, Nicholas
Newlin,- Robert Wade, George Maris, Thomas Usher, Robert
Pyle and John Blunston.
1686 Dec. 10 ; Court of Equity. John Blunston, John
Simcock, George Maris, Bartholomew Coppock, Samuel Levis,
Robert Wade and Robert Pyle. Held by the Justices of the
Common Pleas under the title of Commissioners.
1 688 No date given in Record of Commissioners at Harrisburg,
probably in 1688; if so, then Caleb Fuse y and Thomas Usher
should be added; i C. R., 221. John Simcock, John Bristow,
Bartholomew Coppock, Jr., John Blunston, Thomas Brasey and
Randall Vernon.
1689 Smith' s Delaware Co., 171 John Simcock, John Bristow,
21
158 MARTIN'S BENCH AND BAR
Bartholomew Coppock, Jr., John Blunston, George Maris, Francis
Harrison, Nicholas Newlin and Joshua Fearne.
1690 2d, ii mo., 1689 John Bristow, John Bevan, John
Blunston, Nicholis Newlin, Francis Harrison, Samuel Levis,
James Sandilands, William Howell and Joshua Fearne, Clerk and
Justice.
1690 6th, 1 mo. John Simcock.
1693 George Foreman, Jeremiah Collett, Thomas Withers.
1700 Ralph Fishbourne.
1703- Appointed 2$th of the *]th mo. John Guest, Jasper
Yeates, Caleb Pusey, Philip Roman, Jonathan Hayes, Ralph
Fishbourne, Jeremiah Collett, Walter Martin, Nathaniel Newlin.
1704 Commissions read at May Court Jasper Yeates, Caleb
Pusey, Jeremiah Collett and Philip Roman.
1710 Appointed Mar. 3 Jasper Yeates, Caleb Pusey, Nicholas
Pile, Jonathan Hayes, Philip Roman, Thomas Powell, Henry
Pierce and Ephraim Jackson.
1711 Appointed Nov. 24 Jasper Yeates, Robert Pyle, Caleb
Pusey, Nicholas Pile, Jonathan Hayes, William Davis, Henry
Nayle and Richard Webb.
1713 Appointed May 13 Caleb Pusey, Nicholas Pile, William
Davis, Henry Nayle, 1 Richard Webb, Nicholas Fairlamb, John
Blunston, Jr., and Thomas Edwards.
1715 Appointed May 20 Caleb Pusey, Nicholas Pile, Richard
Webb, Henry Pierce, Henry Nayle, Nicholas Fairlamb, John
Blunston, Jr., and Richard Hayes. All re-appointed, June n,
171 7 Appointed Aug. 26 Jasper Yeates, Caleb Pusey, Richard
Webb, Henry Nayle, Richard Hayes, Henry Pierce, John Wright,
John Wood, David Harry, John Worrell, Joseph Coebourn, Henry
Hayes and Joseph Pennock.
1718 Appointed August \(). The same Justices were recom-
missioned together with Nathaniel Newlin, Andrew Job, Elisha
Gatchel, John Cartledge and Andrew Hamilton.
1718 Appointed Nov. 24 Jasper Yeates, John Wright, Caleb
Pusey, Richard Webb, Henry Nayle, Richard Hayes, Henry Pierce,
Nathaniel Newlin, John Wood, Joseph Coebourn, Henry Hayes,
James Gibbons, Andrew Job, Elisha Gatchell, John Cartledge and
Francis Worley.
1719 Nov. 24; All the above re-appointed, and Isaac Taylor.
1722 Appointed May 22 John Wright, Caleb Pusey, Henr\
Nayle, Richard Hayes, Henry Pierce, Nathaniel Newlin, John
Wood, Joseph Coebourn, Henry Hayes, James Gibbons, Andrew
Job, Elisha Gatchell, Francis Worley, Isaac Taylor and James
Mitchell.
1 In the Record of Commissions and Appointments, and in the Colonial
Records, Nayle is improperly spelled Neale.
OF PHILADELPHIA. 159
1722 Nov. 27 Allthe above re-appointed except Andrew Job;
and the following added James Smith and Thomas Reid.
1723 Appointed Feb. 18 John Wright, Caleb Pusey, Henry
Nayle, Richard Hayes, Henry Pierce, Nathaniel Newlin, John
Wood, Henry Hayes, James Gibbons, Elisha Gatchell, Francis
Worley, Isaac Taylor, James Mitchell, John Crosby, Thomas
Reid, Abraham Emmit, Jr., and James Roddy.
1725 Appointed May 12 John Wright, Henry Nayle, Richard
Pierce, Nathaniel Newlin, John Wood, Henry Hayes, Isaac Taylor,
Samuel Nutt, John Crosby, Thomas Reid, George Aston, James
Roddy, Tobias Hendricks, George Stewart, Andrew Cornish
and Mercer Brown.
1726 Appointed Aug. 26 John Wright, Richard Hayes,
Henry Pierce, Nathaniel Newlin, John Wood, Henry Hayes,
Isaac Taylor, Elisha Gatchell, Samuel Nutt, John Crosby,
Abraham Emmit, Jr., Thomas Reid, George Aston, Tobias
Hendricks, Andrew Cornish, Mercer Brown, Evan Lewis and
William Pile.
1727 Oct. 10 ; All the above re-appointed, and James James.
1 729 Appointed Aug. 25 Richard Hayes, John Wood, Henry
Hayes, Elisha Gatchell, Samuel Nutt, John Crosby, Abraham
Emmit, Jr., George Aston, 1 Mercer Brown, Evan Lewis, William
Pile, James James, John Parry and James Gibbons.
1730 Appointed Feb'y 19 Richard Hayes, Henry Pierce,
Henry Hayes, Elisha Gatchell, John Crosby, Abraham Emmit,
Jr , Mercer Brown, James James, John Parry, James Gibbons,
Joseph Pennock, Samuel Hollingsworth, Joseph Brinton, Nicholas
Pile and the Chief Burgess of Chester for the time being.
1738 Appointed Nov. 22 Richard Hayes, Henry Pierce,
Henry Hayes. Elisha Gatchell, John Crosby, Caleb Cowpland,
Abraham Emmit, James James, John Parry, Joseph Pennock,
Samuel Hollingsworth, Joseph Brientnall, 2 Joseph Heins, William
Pim, Joseph Bonsall, Joseph Parker and the Chief Burgess of
Chester, for the time being.
1741 Appointed April 10 Henry Pierce, Henry Hayes,
Elisha Gatchell, John Crosby, Caleb Cowpland, Abraham Emmit,
Joseph Pennock, Joseph Brinton, William Moore, William Pim,
Joseph Bonsall, Joseph Parker, William Webb, John Mather,
Robert Pyle, John Taylor, Job Rust on and Charles Grantham.
The Chief Burgess of Chester was always included in each Com-
mission for Justices.
1745 Appointed Jan. 7 John Crosby, Elisha Gatchell,
Caleb Cowpland, William Moore, Abraham Emmit, Joseph
1 Incorrectly spelled Ashton in the Record of Commissions.
2 No doubt Joseph Brinton, as Joseph Brientnall was a resident of Philadel-
phia, and Sheriff until October 4, 1738. See Ante, 100.
160 MARTIN'S BENCH AND BAR
Pennock, Joseph Brinton, William Pirn, 1 Joseph Bonsall, William
Webb, John Mather, Job Ruston, 1 Charles Grantham, 1 Samuel
Flower, Thomas Cummings, John Parry, Andrew McDowell, the
Chief Burgess of Chester for the time being, and Joseph Parker,
the Clerk of the Courts.
1 749 Appointed May 19 Caleb Cowpland, Elisha Gatchell,
William Moore, Joseph Pennock, Joseph Brinton, William Pirn,
Joseph Bonsall, John Mather, Charles Grantham, Samuel Flower,
Thomas Cummings, Thomas Worth, Aaron Ashbridge, John
Churchman, John Miller, Richard Richardson, Isaac Davis, John
Scott and William Read.
1751 Appointed Aug. 21 ; 5 C, R., 547 Joshua Pusey and
Samuel Lightfoot.
1752 Appointed May 25 William Moore, Elisha Gatchell,
Joseph Bonsall, John Mather, Charles Grantham, Samuel Flower,
Thomas Cummings, Thomas Worth, Aaron Ashbridge, John
Churchman, John Miller, Isaac Davis, John Scott, Joshua Pusey,
Samuel Lightfoot, Edward Brinton, Mordecai Moore and Mordecai
James.
1757 Appointed Feb. 22 William Moore, John Mather,
Samuel Flower, Thomas Worth, Aaron Ashbridge, John Miller,
Isaac Davis, John Scott, Samuel Lightfoot, Edward Brinton,
Mordecai Moore, Alexander Johnstone, John Morton, John
Culbertson, William Clingan, John Paschal, William Parker
and Timothy Kirk.
1759 Appointed Oct. 20, under the Act of Sept. 29, 1759.
Judges of the Court of Common Pleas Thomas Worth, Samuel
Lightfoot, 2 Edward Brinton and John Morton.
1761 Appointed Feb. 23 ; 8 C. R., 573 Thomas Worth,
Samuel Flower, John Miller, Isaac Davis, Edward Brinton,
Alexander Johnstone, John Morton, John Culbertson, William
Clingan, William Parker, Timothy Kirk, John Hannum, John
Price, Roger Hunt, John Fairlamb, George Currie, Henry Hale
Graham and the Chief Burgess of Chester, Dr. Paul Jackson.
1764 Appointed Nov. 19 William Moore, Thomas Worth,
Samuel Flower, John Miller, Isaac Davis, Edward Brinton,
Alexander Johnstone, John Culbertson, William Clingan, William
Parker, John Hannum, John Price, John Fairlamb, Henry Hale
1 In the Colonial Records and elsewhere, Pirn is incorrectly spelled Pymm ;
Ruston, as Rushton, and Grantham, as Grant. The railroad station at Ridley
Creek is between the old properties of Effinger and of Grantham ; the old man-
sions of both estates standing within sight of the station, so absurdly called
"Eddystone." I have corrected the spelling of all names I am familiar with.
2 In the Colonial Records, 8 Vol., 573, Lightfoot is given first; perhaps a
clerical error, as Worth was the oldest Justice. They were superseded by
writs issued Feb. 23, 1761. See Ante, 156, n. 4.
OF PHILADELPHIA. 161
Graham, William Boyd, Richard Reiley, James Hunter and James
Evans.
1770 Appointed May 23 William Moore, Thomas W T orth,
John Morton, Isaac Davis, Alexander Johnstone, William Clingan,
William Parker, John Hannum, John Price, Henry Hale Graham, 1
Richard Reiley, Charles Cruikshanks, Richard Baker, James
Gibbons, James Moore, William Swaffer, Evan Evans, Thomas
Hockley, Joseph Pile, Thomas Temple and Warwick Miller.
1776 Appointed by the Convention of July 15, 1776, by Ordi-
nance of Sept. 3, 1776. This Convention usurped the whole
political power of the State. Of course they had no power to
appoint Justices Alexander Johnstone, William Clingan, Evan
Evans, Richard Baker, John Sellers, Nicholas Fairlamb, John
Jones, John Wilson, William Heslil, Israel Whelan, William
Deney, Samuel Bond and Robert Mendenhall.
1777 Appointed March 31 ; 3 Pa. Archives, (id series) 734,
&c. Isaac Davis, Evan Evans, James Moore, Benjamin
Bartholomew, John Mackey, William Gibbons, Joshua Evans,
Isaac Pearson, Daniel Griffiths, Patterson Bell, John Hannum,
Robert Smith, Philip Scott, Thomas Levis, Thomas Boyd, Robert
Ralston, John Hart, Richard Reiley and Caleb Davis.
1778 Appointed July 20 William Evans.
1779 David Cowpland, Isaac Davis, James Moore, Alexander
Johnstone, David Mackey, John Hannum, Thomas Taylor, Thomas
Cheyney and William Clingan.
1780 Appointed Nov. i8th William Clingan, to preside in the
Court of Common Pleas, Quarter Sessions and Orphans' Court,
and John Pearson, David McKinney, Isaac Pearson, Benjamin
Bartholomew, Joshua Evans, Daniel Griffiths, Patterson Bell,
Robert Smith and Philip Scott, Justices.
1781 William Heslit.
1782 Capt. Joseph Luckey, Major Isaac Taylor, John Beaton,
David Mackey, James Moore.
1783 John Bartholomew.
1784 George Pierce, Thomas Levis, John Ralston, Daniel
Griffiths and Thomas Cheyney.
1785 Philip Scott and James Moore.
1786 William Clingan, P. J.,Percifer Frazer, John Culbertson,
John Worth, Adam Grubb and Richard Hill Morris.
1787 Appointed Dec. 22 John Pearson.
1788 Charles Dilworth and John Hannum.
1789 William Heslit, John Worth, David Mackey, Walter
Finney and Robert Cooper.
1790 Appointed Aug. 28 John Bartholomew.
1 For lists of the Bench and Bar of Chester and Delaware Counties, see
Martin' 1 s History of Chester, and Cope &* Futhey's History of Chester County.
162 MARTIN'S BENCH AND BAR
The Governors of Pennsylvania,
AND OF THE SETTLEMENTS ON THE DELAWARE BEFORE THE
FORMATION OF THE COM M 1 1 N W K A LTH.
No list that has yet appeared in print, gives a complete list of
the names of the Governors of this Province, and,of the previous
settlements on the Delaware ; so I have ventured to present the
following as more nearly perfect than any heretofore published.
JaCObsen May, Director of New Netherlands, ,1624
William Van Hulst, " ,1625
Peter Minuit, May 4, 1626
David Pieterzen De Vries, Governor on the Delaware, Dec. 5, 1632
WoUter Van Twiller, Director of New Netherlands, Apl 14, 1633
Sir William Kieft, " Mar.28, 1638
Peter Minuit, Governor of New Sweden, Apl - , 1638
Peter Hollandaer, " ,1641
John Printz, ' Feb. 15, 1643
Peter StUyVCSant, Director of New Nether lands, May 2 7, 1647
John PappegOya, Governor of New Sweden, Oct. - >l653
John Claude Rysing, vice Director of 'New Sweden, May , 1654
Peter Stuyvesant, Director of New Nether lands, J 10 ^
Dirck Smidt, Schout Fiscal and Commissary on the Delaware, ,1655
John Paul JacqUCt, Director on the Delaware, , 1655
Andreas Hlldde, Commissary on the Delaware, 165510 1657
Jacob Alrichs, Director of the City Colony, Apl , 1657
GregOriuS Van Djrck, Director of the Company's Colony, May 20,1657
William Beekman, Vice Director of Cos Colony, Oct. 28, 1658
Alexander D'Hinoyossa, Director of the aty Colony, Dec. 30, 1659
Col. Richard Nichols, Governor at New York, Sep. 8, 1664
Robert Needham, comfr on the Delaware, Sep. 8, 1664
Col. Francis Lovelace, ^ Gov'rat New York, May , 1667
Capt. John Carr, Comd'r on Delaware, , 1 668
Anthony ColvC, Gmi'r of New Netherlands, Aug. 12,1673
Peter Alrichs, Deputy Gov'r on west side of 'the Delaware, Sep. jl673
Sir Edmond Andros, Gov'r at New York, Nov. 10, 1674
. Capt. Edmund Cantwell, Comd'r on Delaware, Nov. 10, 1674
Capt. John Collier, Sep. 23, 1676
Capt. Christopher Billop, Aug. 24, 1677
Capt. Anthony Brockholst, 1 Governor, Jan. 16, 1681
WILLIAM PENN, Proprietor, Mar. 4, 1681
William Markham, Lieut. Governor, Apl 20, 1681
WlLLIAM PENN, Proprietor and Governor, Oct. 24, 1 682
1 Governor until June 26, 1681, when the Colonial Government ceased by
virtue of the Charter to William Penn, of March 4, 1681, who then became
the Proprietor. Penn's Council first met at Upland, i. e. Chester, on August
3, 1681.
OF PHILADELPHIA.
163
Thomas Lloyd,
William Clayton, 1
Thomas Holme, 1
William Clarke, 1
William Markham,
Arthur Cooke, 1
John Simcock, 1
Francis Harrison, 1
Arthur Cooke, 1
John Simcock, 1
William Clarke, 1
Thomas Lloyd, 2
Robert Turner,' 2
Arthur Cooke, 2
John Simcock, 2
John Eckley, 2
Capt. John Blackwell,
Thomas Lloyd,
President of Council,
Deputy Gov'r in Office,
President of Council,
President of Council in the morning,
" " afternoon,
President of Council,
Commissioner,
William Markham,
Benjamin Fletcher,
William Markham,
Lt. Governor,
President of the Council,
Deputy Governor of the Province,
Dep. Gov. of the Lower Counties,
Governor for the Crown,
Lt. Gov'r for the Crown,
" " Governor for Wm. Penn,
Dr. John GoodsOnil, 3 Dep. Gov. or Assistant to W. M.,
Samuel Carpenter, 3
William Markham,
WILLIAM PENN,
Andrew Hamilton,
Edward Shippen,
John Evans,
Col. Charles Gookin,
William Keith,"
HANNAH PENN,
Sir William Keith, 6
Lt. Governor for Penn,
Proprietor and Governor,
Lt. Governor,
President of Council,
Lt. Governor,
18, 6 mo.
24, 8 mo.
30, i mo.
9, 2 mo.
1 8, 8 mo.
5, 5 mo -
3, 7 mo.
3, 7 mo.
1, 8 mo.
16, 9 mo.
19, 2 mo.
19, 12 mo.
19, 12 mo.
19, 12 mo.
19, 12 mo.
19, 12 mo.
Dec. 1 8,
2, ii mo.
Mar. ,
Mar. ,
April 26,
April 27,
24, 9 mo.
24, 9 mo.
24, 9 mo.
May 19,
2i,iomo.
Nov. 14,
1 9, 1 2 mo.
Feb. 14,
Feb'y 2,
May 31,
Executrix for Proprietaries,
Governor,
Lt. Governor,
Patrick Gordon, 6
JOHN, THOMAS AND RICHARD PENN, Proprietaries,
1684
1684
1685
1685
1685
1686
1686
1686
1686
1686
1687
April 28,
June 22,
1727 to
1 681
i68l
i68l
1688
1 6
1691
1691
1693
1693
1694
1694
1694
1698
1699
1701
1702
170*
i?9
1717
1718
1719
1726
1746
1 The members of Council were authorized by the Governor to choose one of
themselves President in the absence of Thomas Lloyd, (i C, Jf., 124), and
they were Governors for the time being, and as such signed commissions and
performed all the duties of that office. Thomas Holme died loth, 7 mo., 1694,
aged 45 years.
- Commissioners, any three to act as Deputy Governor; I C. R., 1 66.
3 Deputy Governors, or Assistants to Markham, I C. R., 439.
4 His commission bears date Nov. 29, 1716, but the dates given by me are
those when the Lieut. Governors were inducted into office.
3 Called Lieut. General, Governor & Commander-in-Chief, &c.; 3 C. R., p.
55. Not Sir William until 1^21, when he succeeded to the Baronetcy.
* Lieut. Governor, with the assent of Hannah Penn ; 3 C. R., 265.
164
MARTIN'S BENCH AND BAR
James Logan,
Preset of Council,
Aug. 5, 1736
Thomas Penn,
Proprietary,
Sept. 28, 1736
George Thomas,
Lt. Governor,
June i, 1738
THOMAS AND RICHARD PENN, Proprietaries,
1746 to 1771
Anthony Palmer,
President of Council,
June 6, 1747
James Hamilton,
Lt. Govern'or,
Nov. 23, 1748
Robert Hunter Morris,
(f
Oct. 15, 1754
William Denny,
u
Aug. 27, 1756
James Hamilton,
a ' ,
Nov. 18, 1759
John Penn,
"
Nov. i, 1763
James Hamilton,
f resident of Council,
May 6, 177.1
THOMAS AND JOHN PENN, Proprietaries,
1771 to 1775
Richard Penn,
Lt. Governor,
Oct. 16, 1771
John Penn,
Governor,
Aug. 30, 1773
Thomas Wharton, Jr., 1
PrescCt S. Ex. Council,
Mar. 5, 1777
George Bryan,
Vice President,
May 23, 1778
Joseph Reed,
Pres't S. Ex. Council,
Dec. i, 1778
William Moore,
((
Nov. 14, 1781
John Dickinson,
< i
Nov. 7, 1782
Benjamin Franklin, 2
Oct. 18, 1785
David Redick,
Vice President,
Oct. 15, 1788
Thomas Mifflin,
Preset of the S. Ex. Council,
Nov. 5, 1788
Thomas Mifflin,
Governor,
Dec. 21, 1790
Thomas McKean,
(C
Dec. 17, 1799
Simon Snyder,
Dec. 20, 1808
William Findlay,
Dec. 16, 1817
Joseph Hiester,
tt
Dec. 19, 1820
John Andrew Shulze,
ft
Dec. 16, 1823
George Wolf,
K
Dec. 15, 1829
Joseph Ritner,
n
Dec. 15, 1835
David Rittenhouse Porter
>
Jan'y 15, 1839
Francis Rahn Shunk,
ft
Jan'y 21, 1845
William Freame Johnston
((
}
July 9, 1848
William Bigler,
ii
Jan'y 20, 1852
James Pollock,
tt
Jan'y 16, 1855
William Fisher Packer,
(
Jan'y 19, 1858
Andrew Gregg Curtin,
ft
Jan'y 15, 1861
John White Geary,
tt
Jan'y 15, 1867
John Frederic Hartranft,
ii
Jan'y 21, 1873
Henry Martyn Hoyt r
i (
Jan'y 21, 1879
Robert Emory Pattison, 3
tt
Jan'y 16, 1883
1 President of the Committee of Safety, August 6, 1776. President of the
Supreme Executive Council, March 5, 1777-
2 Franklin's term expired October 14, 1788. Armor's Governors, 25 1 ; XV.
C. R., 564.
3 The first Constitution for the government of Pennsylvania as a State, went
into effect on Sept. 2, 1790. An election was held under it the following
OF PHILADELPHIA. 165
Members of the Provincial Council,
OF PENNSYLVANIA.
From 1682 to 1775.
1682 William Markham, 1684 William Wood,
1682 Christopher Taylor, 1684 Thomas Lloyd,
1682 Thomas Holme, 1684 Thomas Janney,
1682 Lawrence Cock, 1684 Luke Watson,
1682 William Clark, 1684 John Cann,
1682 John Milliard, 1684 William Southebe,
1682 William Haigue. 1684 William Darvall, '
1682 John Moll, 1684 Peter Alrichs,
1682 Ralph Withers, 1685 John Barnes,
1682 John Simcock, 1685 Nicholas Newlin,
1682 Francis Whitwell, 1685 Phineas Pemberton,
1682 Edmund Cantwell, 1685 William Frampton,
1682 William Clayton, 1685 Edward Green,
1682 William Biles, 1685 Robert Turner,
1682 James Harrison, - 1686 Francis Harrison,
1682 John Richardson, 1686 Arthur Cooke,
1683 Edward Southern, 1687 Major William Dyer,
1683 J onn Roads, 1687 Griffith Jones,
1684 .William Welch, 1687 James Claypoole,
month, and Thomas Mifflin, of Philadelphia, who had been President of the
Supreme Executive Council since Nov. 5, 1788, was elected, and on Dec. 21,
1790, inaugurated as Governor in Philadelphia, "with much ceremony." He
was Governor until Dec. 17, 1799, a period of nine years, having been twice
re-elected. Joseph Ritner, of Washington County, was Governor from Dec. 15,
1835, until the third Tuesday of January, 1839, the beginning of the gubernato-
rial term having been changed by the amended Constitution of 1838 from the
third Tue-- "^ 7 ^ r December to the third Tuesday of January. Governor Shunk
resigned on th; gth day of July, 1848, when William Freame Johnston, of
Armstrong, vvl' > was Speaker of the Senate, by virtue of his office, became
Governor until the third Tuesday of Jan'y, 1849. In the meantime, Governor
Johnston had been elected at the October election, in 1848, and on the third
Tuesday of January, 1849, was inaugurated, and served a full term. Andrew
Gregg Curtin, of Centre County, was Governor for two terms, covering the
entire period of the Rebellion. Robert Emory Pattison, was elected on Nov.
7, 1882, to serve as Governor for four years from the third Tuesday in
January (the i6th), 1883; he is but thirty-two years of age, being our youngest
Governor. Mifflin, at his inauguration, was 46; McKean, 65 ; Snyder, 49;
Findlay, 49; Hiester, 68; Shulze, 48; Wolf, 52: Ritner, 55; Porter, 51;
Shunk, 57 ; Johnston, 40; Bigler, 38; Pollock, 45; Packer, 51; Curtin, 44;
Geary, 48; Hartranft, 43, and Hoyt, 49 years of age. The Constitution of
1790, provided that a Governor could be elected for three terms successively.
The amended Constitution of^ 1838, limited the time to two terms, and that of
1873, to one term of four years. Philadelphia was the Capitol of the Com-
monwealth until 1799, when the seat of government was removed to Lancas-
ter, where it continued until 1812, when Harrisburg was made, the Capital.
Of these eighteen former Governors of the State, only four are now living,
namely: Pollock, Curtin, Hartranft and Hoyt.
99
106
MARTIN'S BENCH AND BAR
1687 John Bristow,
1687 Joseph Growden,
1687 Samuel Carpenter,
1687 John Eckley,
1 688 Bartholomew Coppock,
1688 William Yardley,
1688 Samuel Richardson,
1688 John d'Haas,
1689 John Hill,
1689 William 'Stockdale,
\ 1689 John Curtis,
1690 Griffith Owen,
1690 Thomas Clifton,
1690 Thomas Duckett,
1690 John Brinckloe, 1
1 693 *- Andrew Robeson,
1 693 Patrick Robinson,
1693 Lawrence Cock,
1693 William Salway,
1693 George Forman,
1694 Charles Sanders,
1694 John Donaldson,
1695 Anthony Morris,
1695 David Lloyd, 2
1695 Caleb Pusey,
1695 George Maris,
1695 John Williams,
1695 Richard Halliwell,
1695 Robert Clifton,
1695 Richard Willson,
1696 Edward Shippen,
1698 William Rodeney, 1
1700 Richard Hough,
1700 Jasper Yeates,
1700 Samuel Preston,
1700 Thomas Fenwick,
1726-
1727-
1728-
1728-
1728-
I 733~
1741-
1741-
-Robert French,
-Thomas Story,
-Humphrey Murry,
-John Guest,
-Samuel Finney,
-John Blunston,
-James Logan,
-John Finney,
-Roger Mompessou,
-William Trent,
-William Penn, Jr.,
-Richard Hill,
-George Roche,
-Joseph Pidgeon,
-Isaac Norris,
-Anthony Palmer,
-Jonathan Dickinson,
-Robert Assheton,
-Col. John French,
-Thomas Masters,
-Andrew Hamilton,
-Henry Brooke,
-William Assheton,
-William Fish bourn,
-Josiah Rolfe,
-Francis Rawle,
-Dr. Thomas Graeme,
-Evan Owen,
-Clement Plumsted,
-Samuel Hase'll,
-Thomas Lawrence,
-Ralph Assheton,
-Thomas Griffitts,
-Charles Read,
-Abram Taylor,
-Robert Strettell,
1 Brinckloe, Clark, Fishbourn, Murry, William and Caesar, and Rodeney, is
the spelling in their signatures. Despite the utmost care these names have
been mis-spelt heretofore.
*"Sir: Having had some experience of Your Loyalty to Our most gracious
Soveraign KING WILLIAM and ffidelity to Our Proprietor I have thought fitt to
Nominate You One of the Proprietors Councill for this Governm*. And in
Order of Settling affairs of great Importancy I doe require you to Attend me at
Philadelphia the fifteenth day Instance. So I bid You heartily farewell
Your affectionate fritnd
Philadelphia this yth (the rest defaced) \\ M MARKHAM."
To David Lloyd. These
David Lloyd first sat at the Council held April 23, 1695. I am indebted to
Furman ,Sheppard, Esq., for this interesting paper.
OF PHILADELPHIA.
167
1741 William Till,
1745 Benjamin Shoemaker,
1745 James Hamilton,
1747 Lawrence Growden,
1747 William Logan,
1747 Joseph Turner,
1747 Thomas Hopkinson,
1749 Rev. Richard Peters,
!753 J ohn Perm,
1755 Lyn-Ford Lardner, 1
1 755 Dr. Thos. Cadwalader,
1756 Benjamin Chew,
1756 John Mifflin,
1759 John Moland,
1764 Richard Penn,
1767 James Tilghman,
1770 Edward Shippen, Jr.,
1770 Andrew Allen.
Clerks of Provincial Council,
AND SECRETARIES OP THE PROVINCE.
Richard Ingelo, appointed Oct. 27,
Dr. Nicholas More, " 2, 3 mo.,
William Markham, " 28, 3 mo.,
David Jamison, " April 26,
Patrick Robinson, '* 3, 4 mo.,
James Logan, " 15, 7 mo.,
Robert Assheton, Deputy, " 24, 9 mo.,
Ralph Assheton, " " Oct. 12,
George Barclay, " " May 31,
Dr. Patrick Baird, " May 20,
Robert Charles, 2 Sept. 15,
Thomas Lawrie, " Aug. i,
Dr. Patrick Baird, " July 21,
Rev. Richard Peters, " Feb. 14, 1742-3
William Peters, Deputy, " Feb. 15, 1758
Joseph Shippen, Jr., " J
1682
1683
1685
1693
1693
1701
1709
1713
1717
1723
1726
1738
1.740
2 >
Speakers of the Assembly,
OF PENNSYLVANIA.
1682 Dr. Nicholas More, 3
i682-3~Dr. Thomas Wynne, 4
1683 John Songhurst, 5
1684 Dr. Nicholas More, 6
i685-8-John White,
1689 Arthur Cooke,
1690-3 Joseph Growden, 7
1692 William Clark,
1694 David Lloyd,
1695 Edward Shippen,
1696 John Simcock,
1697 John Blunston,
1700-2 Joseph Growden,
1 702-3 No .organization,
1-703-5 David Lloyd,
1705-6 Joseph Growden,
i7o6-io-David Lloyd,
1710-12 Richard Hill,
1 His signature was Lyn-Ford; he died, Oct. 6, 1774, aged 58.
3 In IX. Pa. Archives, (2(1 series), p. 634, John Georges is given as Prov.
Secretary in 1733, Robert Charles, in 1735, and Joseph Growden, in 1736
but there are no entries in the Colonial Records noting such appointments.
3 During the first session, at Chester.
4 ad session, 1682, and for 1683. Died, ist mo. i6th, 1692.
5 Deputy, 24th, 8th mo., 1683. 6 In place of Francis Fincher, declined.
7 Minutes of the Session of 1691-2 are missing.
168
MARTIN'S BENCH AND BAR
I7i3-i4
i7i4-i5
1 7 1 5 - 1 6
i7i6-i7
i7i7-i8
I7i8-i9
i7i9-2o
1720-1
1 721-2
1722-3
1723-4
1724-5
1725-9
I 7 2 9'33
1 733-4
1734-9
1745
I 745-5
1750-6
Norris,
joseph Growden,
David Lloyd,
Joseph Growden,
Richard Hill,
William Trent,
jonathan Dickinson,
William Trent,
Isaac Norris,
Jeremiah Langhorne,
Joseph Growden,
David Lloyd,
William Biles,
David Lloyd,
Andrew Hamilton,
Jeremiah Langhorne,
Andrew Hamilton,
]^ n Kinsey,
John Wright, (sick),
J hn Kinsey, 1
Isaac Norris,
Benjamin Chew, 2
1788-9 Richard Peters.
1756-8 Isaac Norris,
1758-9 Isaac Leech, *
1758-9 Isaac Norris,
1759 Isaac Leech,
i759-64-Isaac Norris,
1764 Benjamin Franklin,
1764-5 Isaac Norris,
1765-6 Joseph Fox,
1765-9 Joseph Gallown\ .
1769 - John Fox, 4
i769-73~Joseph Galloway,
1773 Thomas McKeun. 4
1773-4 Joseph Galloway,
1774-5 Edward Biddk-,
1775 John Morton, 5
1775-6 John Morton,
1776-7 John Jacobs,
i777-8o-John Bayard,
1780-3 F. A. Muhlenberg,
1783-4 George Gray,
1 784-5 John Bayard,
1 785-8 Thomas 'Mifflin,
CLERKS OF THE ASSEMBLY.
1683-6
1686-9
i689-92
1692-5
1695-8
1698-9
1699
1700
1701-5
1705
1706-9
1709
i7io-Li
i7ii-i7
-John Southworth, 1717
-John Claypoole, 1722
-David Lloyd, 1723
-William Alloway, 1728-
-Francis Cooke, J 73
-Jonathan Dickinson, 1736
Stephen Coleman, 1751
Aurelius Hoskins, 1756
-John Antrobus, 1776
Maurice Lisle, *777
-Thomas Makin, 1 7T9
Joseph Willcox, 1780
-Richard Heath, 1783
-Thomas Wilson, 1790
1789-90 Jacob Shallus,
22-Maurice Lisle,
3 Aquila Rose,
8 Thomas Leach,
3o-John Roberts,
6 Joseph Growden,
-5i-Benjamin Franklin,
-6 William Franklin,
-75-Charles Moore,
Caleb Davis, pro tern.
John Morris, Jr.,
Thomas Paine,
Samuel Sterrett,
Peter Zachary Lloyd,
- Joseph Redman,
Assistant.
1 Died before Aug. 9. 1750.
1 But being called to Council, it vacated his seat in the Assembly.
3 Leech was elected to serve during the frequent sickness of Mr.
* Part of session only.
''Elected on March 15, 1775, f r P art of session.
OF PHILADELPHIA.
169
DOORKEEPERS OF THE ASSEMBLY.
-Richard Reynolds,
-William Ellingworth,
-George Moore,
-Charles Ware,
-Thomas Curtis,
-Daniel Smith,
-WilliamWoodmansey,
-John Grant,
-Nicholas Rosogan, 1
1686-
1689-
1690-
1692-
1693-
1697-
1700-
1700-
1704-
1719-
1722-
1728-
Thomas Lloyd,
Thomas Story, 4
Thomas Griffitts, 5
Lyn-Ford Lardner,
Richard Hockley,
Edmund Physick,
Timothy Matlack, 6
1728 James Mackey,
I 73 I John Campbell,
X 73 2 John Remington,
1736 Stephen Potts,
1741 Thomas Burdin,
1749 Edward Kelly,
1756 David Edwards,
1758 Andrew McNair,"
1789 Joseph Fry.
SERGEANTS-AT-ARMS.
-Peter Worrall, 1739 James Pilchard,
-John Eyer, 1741 Samuel Kirke,
-James Mackey, 1771 William Shedd, 8
1789 James Martin.
Keepers of the Great Seal,
OP THt PROVINCE OF PENNSYLVANIA.
commissioned
27, iobr., 1683
25, 2 mo., 1700
Nov. 3,
Dec. 12,
Mar. 28,
Jan'y i,
1727
1746
J 753
1769
1777
Secretaries of the Commonwealth.
appointed
Timothy Matlack,
John Armstrong, Jr.,
Charles Biddle,
James Trimble, 7
Alexander James Dallas,
Thomas McKean Thompson,
Nathaniel B. Boileau,
Thomas Sergeant,
Samuel D. Ingham,
Andrew Gregg,
Mar. 6,
Mar. 25,
Oct. 23,
Nov. 12,
Jan'y 19,
April 28,
Dec. 20,
Dec. 1 6,
July 6,
Dec. 19,
1777
1783
1787
1788
1791
1801
1808
1817
1819
1820
1 In office until 1725. 2 Still in office in 1775.
3 In Minutes of Common Council, this name is spelled Sheed, pp. 666-9.
4 Edward Shippen, Griffith Owen and James Logan are mentioned on July
1 1, 1702, and on February 3, 1705, as Deputies to the Master of Rolls.
5 In office (see votes of Assembly) until 1 746.
6 He was sick and in office, Feb. 14, 1809; 14 C. R., 605, and Timothy
Matlack, Jr., was his father's deputy in 1809; see Patent Book, No. 60, p. 277.
'Assistant Secretary from Nov, 12, 1788, to Jan. 14, 1836.
170
MARTIN'S BENCH AND BAR
Molton Cropper Rogers, appointed Dec. 16, 1823
Major Isaac I). Barnard, 1 ' J an 'y 2, 1826
Calvin Blythe, Nov. 28, 1827
Samuel McKean, ' % Dec. 16, 1829
James Findlay, Dec. 17, 1833
Thomas H. Burrowes, Dec. 15, 1835
Francis Rahn Shunk, 2 J an 'y 15? 1839
Anson Virgil Parsons, ' J an 'y 25, 1842
Charles McClure, Feb'y 20, 1843
Jesse Miller, ' Jan'y 21, 1845
Townsend Haines, ' July 29, 1848
Alexander L. Russell, ' J an 'y 25, 1850
Francis Wade Hughes, ' J an 'y 21. 1852
Charles A. Black, ' Mar. 15, 1853
Andrew Gregg Curtin, ' J an 'y i7> 1855
William M. Hiester, ' J a "'y 20, 1858
EliSlifer, ' Jan'y 16, 1861
Francis Jordan, ' J an 'y 16, 1867
Matthew Stanley Quay, ' ' J an 'y 22, 1873
John Blair Linn, ' May 15, 1878
Matthew Stanley Quay, ' , 1879
Francis Jordan, ' Nov. 4, 1882
William S. Stenger, ' Jan'y 1 6, 1883
Treasurers of Pennsylvania.
Samuel Carpenter, Deputy 28, 5 mo., 1685
Robert Turner,
Samuel Carpenter,
James Fox,
Samuel Carpenter,
Samuel Preston, 3
Michael Lightfoot,
Samuel Preston Moore,
Owen Jones,
Michael Hillegas, 4 June 30, 1775
1 Mr. Barnard was a member of the Delaware County Bar, previously a
Major in the Regular Army of the United States during the War of 1812 ; see
Martin's History of Chester, 410 and 474.
2 Not Rawn, as in Armor's " Governors of Pennsylvania."
1 Samuel Preston died Sept. 1743, aged 80 years; he was appointed by the
Assembly in the place of Carpenter, deceased.
4 See 10 C. fi., 281, and " THE ACCOUNTS OF PENNSYLVANIA." Arare book,
the only full copy of which I ever saw, I purchased at a book-stand, for the
Historical Society of Pennsylvania, some years ago. The Accounts were first
published in pamphlet form, being the accounts of the State Treasurers and
Collectors of Excise, and brief reviews of the accounts of the Treasury of
Pennsylvania from the time of the commencement of the Revolution to Oct. i,
1782, and the accounts of the several counties for their Taxes to October, 1782.
Volume 1st, printed in 1784, at Philadelphia, Hall & Sellers, by order of the
Assembly, Dec. 9, 1783.
in office
before
appointed
it
n
Aug. -8, 1693
Aug. 28, 1701
20, 2 mo., 1709
Mar.5, 1710-11
6 mo. 7, 1714
Nov. 17, 1743
Dec. 4, 1754
Oct. 15, 1768
OF PHILADELPHIA.
171
David Rittenhouse,
Christian Febiger, 1
Peter Baynton,
Jacob Carpenter,
Isaac Weaver, Jr.,
Andrew Gregg,
William Findlay,
Richard M. Grain,
John B. Trevor,
William Clark,
Alexander Mahon,
Joseph Lawrence,
Daniel Sturgeon,
Almon H. Reed,
John Gilmore,
Job Mann,
James Ross Snowden,
John Banks,
Arnold Plainer,
Gideon J. Ball,
John M. Bickel,*
Joseph Bailey,
Eli Slifer,
Henry S. Magraw,
Eli Slifer,
Henry D. Moore,
William V. McGrath,
Henry D. Moore,
William H. Kemble,
William W. Invin.
Robert W. Mackey,
William W. Irwin,
Robert W. Mackey,
Henry Rawle,
Amos C. Noyes, 5
Samuel Butler,
Silas M. Baily,
appointed Jan'y 14, 1777
commissioned Nov' 13, 1789
Jan'y 10, 1797
tn office Jan'y 13, 1801
1802 to 1806
1806 to 1807
1807 to 1817
1817 to. 1820
1820 to 1821
1821 to 1827
1827 to 1835
'835 to 1836
1836 to 1840
1840 to 1841
1841 to 1842
1842 to 1845
1845 to l8 47
1847 to 1848
1848 to 1849
1849 to ^SQ
1850 to 1854
1854 to 1855
1855 to 1856
1856 to 1859
1859 to 1861
1861 to 1863
1863 to 1864
1864 to 1865
1865 to 1868
1868 to 1869
1869 to 1870
1870 to 1871
1871 to 1876
1876 to 1878
1878 to 1880
May 3, 1880
May i, 1882
Commissioners,
FOB THE SETTLING OF THE PRESENT COLONY,
Appointed by William Penn, ]th mo. jotfi, 1681.
William Crispin, John Bezar, Nathaniel Allen.
The original commission is in the possession of the Historical
Society of Pennsylvania, and hangs framed in their fire-proof.
1 Re -appointed Sept. 4, 1790. His last commission is dated January, 1796.
He died Sept. 20, 1796, aged 49.
'Died, April 20, 1881, aged 72. 3 Ex-Treasurer Noyes died Sept. 2, 1880.
172
MARTIN'S BENCH AND BAR
The names of the witnesses are : Richard Vickris, Charles Jones,
Jr., Ralph Withers, Thomas Callowhill and Philip Th. Lehnmann.
Commissioners of Property.
1684-
1684-
1684-
1686-
1686-
1686-
1689-
1689-
1689-
1689-
1694-
1694-
1694-
1694-
1694-
1694-
1694-
-Thomas Lloyd, 1701-
-James Claypoole, 1701-
-Robert Turner, 1701-
Thomas Ellis, Dep'y, 1701-
John Goodsonn, " 1711-
- Wm. Markham, Sec'y, 1711-
-William Markham, 1711-
-Robert Turner, 1711-
-Dr. John Goodsonn, 1711-
- Samuel Carpenter, 1 7 2 5~
-Thomas Holme, I 7 2 5~
-Robert Turner, I 7 2 5~
-Arthur Cooke, 1725-
-Samuel Carpenter, I T 2 5~
-Dr. John Goodsonn, 1728-
-Francis Rawle, 1728-
-Phineas Pemberton, 1728-
1728 James Logan.
-Edward Shippen,
-Griffith Owen,
-Thomas Story,
-James Logan,
-Edward Shippen,
-Samuel Carpenter,
-Richard Hill,
-Isaac Norris,
-James Logan,
-Richard Hill.
-Isaac Norris,
-James Logan,
-Robert Assheton.
-Thomas Griffith,
-Richard Hill,
-Isaac Norris,
-Samuel Preston,
In 1741, James Steel, Richard Peters and Lyn-Ford Lardner,
were appointed Agents of the Proprietary Estates of John, Thomas
and Richard Penn.
Receivers-General of the Land Office.
Capt. John Blackwell, commissioned Sept. 25, 1689
Samuel Jenings, 1 July 15, 1690
Robert Turner, June i, 1693
James Logan, Oct. 29, 1701
Francis Steel, J an 'y 3> I 7 I 4
James Steel, Dec. 16, 1732
Lyn-Ford Lardner, Aug. 8, 1741
Richard Hockley, Mar. 28, 1753
Edmund Physick, Jan'y i, 1769
Francis Johnston, April 10, 1781
Frederick Aug. Muhlenberg, Jan'y 8, 1800
John McKissick, June 13, 1801
Office abolished by Act of March 29, 1809, and the duties
devolved upon the State Treasurer, and the books placed in
charge of the Secretary of the Land Office.
1 Benjamin Chambers, Deputy, commissioned November i, 1690.
OF PHILADELPHIA. 173
Secretaries of the Land Office.
1687 William Markham, 1800 Tench Coxe,
1733 John Georges, 1801 Andrew Ellicott,
1737 Rev. Richard Peters, 1809 John Cochran,.
1760 William Peters, 1818 William Clark,
1769 James Tilghman, 1821 James Brady,
1781 David Kennedy, 1824 Joshua Dickerson,
1782 James Tilghman, 1830 Samuel Workman,
1785 David Kennedy, 1836 John Gebhardt,
1796 John Hall, 1839 JohnKlingensmithJr.
1799 Nathan Luf borough, 1842 William Hopkins.
The office of Secretary of the Land Office was abolished by Act
of April 17, 1843, an d the duties of the office were transferred to
the Surveyors-General.
Proprietary Agents for Issuing Land "Warrants
and Patents.
1732 Thomas Penn, 1748 James Hamilton,
1 734 John Penn, 1 754 Robert Hunter Morris,
1734 Thomas Penn, 1756 William Denny,
1735 Thomas Penn, 1759 James Hamilton,
1743 George Thomas, 1763 John Penn, 1
1747 Anthony Palmer, 1771 Richard Penn, 1
1773 John Penn.
Proprietary's Secretaries.
Philip Tta Lehnmann, commissioned 2, 2 mo., 1683
William Markham,
Patrick Robinson,
James Logan,
Rev. Richard Peters,
Joseph Shippen, Jr.,
1685
3, 4 mo., 1693
27,8mo., 1701
6, 4 mo,, 1747
Jan'y 2, 1762
Surveyors-General, 2
OF PENNSYLVANIA.
Silas Crispin, appointed , 1681
Thomas Holme, 3 commissioned j8, 2 mo. ,1682
Edward Penington, " Feb'y 20, 1698
Thomas Fairman,* " Oct. 29, 1702
1 Sons of Richard Penn.
2 Davis, in his History of Bucks County, erroneously calls Col. William
Markham, " Penn's Surveyor-General," p. 106.
'Thomas Holme died 1695, he was a native of Waterford, Ireland.
* In a note to p. 182, I Logan Papers, Surveyor- General, 3d, 2 mo., 1703.
23
174
MARTIN'S BENCH AND BAR
Jacob Taylor, 1
Benjamin Eastburn,
William Parsons,
Nicholas Scull,
John Lukens, 2
Daniel Brodhead,
Samuel Cochran,
Andrew Porter,
Richard T. Leech,
Jacob Spangler,
Samuel Cochran,
Gabriel Hiester,
Jacob Spangler,
John Taylor,
Jacob Sallade,
John Laporte,
John Porter Brawley,
John Rowe, 3
William H. Keim,
Henry Souther,
James P. Barr,
Jacob M. Campbell,
Robert B. Beath,
commissioned
Nov. 20, 1706
Oct. 29, 1733
Aug. 22, 1741
June 14, 1748
Dec. 8, 1761
Nov. 3, 1789
April 23, 1800
May 10, 1809
Dec. 7, 1813
Feb. 13, 1818
May n, 1821
May n, 1824
May 10, 1830
May 10, 1836
May 10, 1839
May 10, 1845
May 5, 1851
May 4, 1857
May 7, 1860
Dec. 27. 1861
May 4, 1863
May 7, 1866
May 6, 1872
By the Constitution of 1873, tne office of Surveyor-General was
abolished, and the duties transferred to a new department called
Internal Affairs, to go into effect May 4, 1875.
The Secretaries of Internal Affairs.
Term of office, four years.
William McCandless, commissioned May 4, 1875
Aaron K. Dunkel, " May 6, 1879
J. Simpson Africa, elected Nov. 7, 1882
Auditors of Accounts. 4
1779 John Nixon,
1780 William Govett,
1780 William Geddes,
1780 Samuel Miles,
1780 John Purviance,
1780 John Shee,
1780 Jacob Morris,
1780 Joseph Dean,
1781 Jona. Bayard Smith,
1781 James Stevenson,
1781 John Nicholson.
1 Jacob Taylor died, February, 1745-6. J Lukens died in 1789.
3 John Rowe died, Dec. 27, 1880, aged 66.
4 The Accounts of Pennsylvania is a very interesting publication, containing
the names of all persons in the State who paid taxes during the above period.
OF PHILADELPHIA. 175
Auditors-General,
OP PENNSYLVANIA.
1772 Richard Hockley, 1 1.836 Nathaniel P. Hobart,
1778 Edward Fox, 2 1839 George R. Espy,
1785 John Nicholson, 1842 William F. Packer,
1789 John Donnaldson, 1845 Jhn N. Purviance,
1794 Jonathan Bayard Smith, 1851 Ephraim Banks,
1795 Samuel Bryan, 8 1857 Jacob Fry, Jr.,
1801 George Duffield, 1860 Thomas E. Cochran,
1805 John Kean, 1:863 Isaac Slenker,
1808 Richard M. Grain, 1866 John Fred. Hartranft,
1809 George Bryan, 1872 Harrison Allen,
1821 James Duncan, 1875 Justis F. Temple,
1824 David Mann, 1878 William P. Schell,
1830 Daniel Sturgeon, 1881 John A. Lemon.
Dr. David Stanton was elected Auditor-General in 1871, but
died before assuming office, and Hartranft held over until
December, 1872, by direction of the Legislature.
Comptrollers-General.
Office created by Act of April 13, 1782.
John Nicholson, commissioned Nbv. 8, 1782
John Donnaldson, " April 12, 1794
Samuel Bryan, " Oct. 13, 1801
George Duffield, " Oct. 15, 1805
Registers-General of (Taxes) Public Accounts.
Act of March 27, 1789.
John Donnaldson, commissioned Mar. 27, 1789
Samuel Bryan, in office , 1796
Escheators-General.
Henry Osbourne, commissioned Feb. 20, 1781
John Nicholson, " Oct. 2, 1787
Clement Biddle, " Nov. 25, 1795
William N. Irvine, " Sept. 14, 1815
The office of Escheator-General was abolished in 1821, and the
duties thereof transferred to the Auditor-General by the Act.
1 2 Proiufs History of Pa., p. 290. In Gordon's History of Pennsylvania,
\i. 628, appendix, Richard Hockley is called Auditor-General of the Land Office.
-Davis' History of Bucks, 703. "Auditor-General, Mr. Edward Fox."
:! For some account of Samuel Bryan, see U. S. Gazette, of Sept. 7, 1842. I
have a letter dated May 12, 1808, addressed to "Mr. Samuel Bryan, Esq.,
Register-General," enclosing a " return of Exempts in the County of Bucks,"
signed. " Joseph Hart, B. J."
176
MARTIN'S BENCH AND BAH
Official.
Name.
John Bull,
James Wilkinson, 1
John Armstrong,
Josiah Harmar, 1
Peter Baynton,
Richard Humpton,
Mahlon Dickerson,
Thomas McKean, Jr.,
William Reed,
William N. Irvine,
William Duncan,
John M. Hyneman,
Nathaniel B. Boileau,
William N. Irvine,
Robert Carr,
George Bryan Porter,
Simon Cameron,
Adjutants-General,
OF PENNSYLVANIA.
Furnished me by the kindness of Gen. Latta.
Appointed.
June 17, 1777
Oct. 2,
Vacated.
Jan. 7, 1778
Oct. 2, 1784
Feb. 27, 1799
, 1802
Jan'y i, 1805
July 23, 1808
commissioned
Feb. 27, 1799
Mav i, 1800
]uly 22, 1808
Aug. 3, 1811
July 6, 1813
Sept. 20, 1813
Aug. i, 1814
Mar. 29, 1816
Oct. i, 1816
Aug. 23, 1821
Aug. 4, 1824
Aug. 19, 1829
1 Two of our Adjutants-General have commanded the Army of the United
States, as will appear by the following list I compiled several years ago :
COMMANDERS-IN-CHIEF OF THE UNITED STATES ARMY.
Gen. George Washington, Virginia, June 17, 1775
Maj. Gen. Henry Knox, Massachusetts, Dec. 23, 1783
The Senior Capt. of Artillery, Name unknown, June 20, 1784
Lt. Col. & Bvt. Brig Gen. Josiah Harmar, Penna., Sept. , 1788
Maj. Gen. Arthur St. Clair, Pennsylvania, Mar. ^, 1791
Maj. Gen. Anthony Wayne, " Mar. , 1792
Brig. Gen. James Wilkinson, Maryland, Dec. 15, 1796
Lieut. Gen. George Washington, Virginia, July 3, 1798
Maj. Gen. Alexander Hamilton, New York, Dec. 15, 1799
Brig. Gen. James Wilkinson, Maryland, June , 1800
Maj. Gen. Henry Dearborn, Massachusetts, Feb. 27, 1812
Maj. Gen. Jacob Brown, Pennsylvania, June , 1815
Maj. Gen. Alexander McComb, Michigan May 24, 1828
Maj. Gen. Winfield Scott,' . Virginia, June 25, 1841
Maj. Gen. George Brinton McClellan, Pennsylvania, Nov. i, 1861
Maj. Gen. Henry Wager Hallack, New York, July II, 1862
Lieut. Gen. Ulysses Simpson Grant, Ohio, Mar. 27, 1864
Gen. William Tecumseh Sherman, " Mar. 4, 1869
Gen. Knox died, Oct. 29, 1806, aged 55. St. Clair resigned, March 5,
1792. Wayne died, December, 1796, aged 51. Washington died, Dec. 14,
1799, aged '68. Wilkinson removed from the State in 1784; died, Dec. 23,
1825, aged 68. Scott was promoted, March 29, 1847, to Lieutenant-Genera!
by brevet. Grant was made a full General on July 25, 1869.
OF PHILADELPHIA. 177
Samuel Power, commissioned May 3, 1830
William Piper,
James Kennedy Moorheacl,
Adam Diller,
George W. Bowman,
William H. Irwin.
James Keenan,
George W. Bowman,
Thomas J. Power,
Edwin C. Wilson,
Edward M. Biddle,
Alexander L. Russell,
David B. McCreary,
Alexander L. Russell,
James William Latta,
Pressly N. Guthrie,
Aug. 3, 1836
Aug. 3. J 839
Aug. 12, 1839
Aug. 3, 1845
Aug. 3, 1848
Feb'y 2, 1852
Oct. 28, 1852
Aug. 3, 1854
Feb'y 5, 1858
April 17, 1 86 1
Jan'y 9, 1862
Oct. n, 1867
Jan'y 4, 1870
June i, 1873
Jan'y 16, 1883
Members of the Committee of Safety,
AND OF THE COUXCLL OF SAFETY.
Which superseded the Committee, July 24, ijjb,
Appointed by the Convention of the State of Pennsylvania, from
June jo, 1775, to December 6, 1777.
PRESIDENTS.
Benjamin Franklin, elected June 30, 1775
Thomas Wharton, Jr., " Aug. 6, 1776
VICE-PRESIDENTS.
Robert Morris, elected June 30, 1775
David Rittenhouse, " Aug. 6, 1776
MEMBERS OF THE COMMITTEE.
John Dickinson, John Cadwalader,
George Gray, Andrew Allen,
Henry Wynkoop, Owen Biddle,
Anthony Wayne, Francis Johnston,
Benjamin Bartholomew, Richard Reiley,
George Ross, Samuel Morris, Jr.,
Michael Swope, Captain Robert Whyte,
John Montgomery, Samuel Miles, October, 1775,
Edward Biddle, George Taylor,
William Edmonds, Joseph Reed,
Bernard Dougherty, Nicholas Fairlamb,
Samuel Hunter, George Clymer,
William Thompson, Samuel Howell,
Thomas Willing, Alexander Wilcocks,
Daniel Roberdeau, John Nixon,
178 MARTIN'S BENCH AND BAII
James Mease, Samuel Cadwalader Morris,
James Biddle, John Bayard,
Joseph Parker, 1776, Francis Gurney,
Michael Hillegas, William Lyons,
David Rittenhouse, Nathaniel Falconer,
James Cannon, Daniel Hunter,
Joseph Blewer, David Epley,
Frederick Kuhl, Joseph Dean,
Col. John Bull, William Moore,
Timothy Matlack, Thomas Fitzsimons,
John Moore, Jonathan Bayard Smith,
Henry Keppele, Jr., Peter Rhoads,
John Weitzel, Andrew Caldwell,
Samuel Morris, Sen., George Campbell,
John Hubley, Joseph Marsh,
John Maxwell Nesbit, Treasurer,
William Govett, Clerk.
Council of Safety,
FOR THE STATE OF PENNSYLVANIA.
Oct. 17, 1777, the Assembly enacted that the Supreme Execu-
tive Council and the following should be a Council of Safety :
Col. John Bayard, Christopher Marshall,
Dr. Joseph Gardner, Jacob Arndt,
Jonathan Bayard Smith, Col. Curtis Grubb,
Jonathan Sergeant, James Cannon,
David Rittenhouse, James Smith, of Yorktown,
Robert Whitehill, William Henry, of Lancaster.
Supreme Executive Council,
OF THE STATE OF PENNSYLVANIA.
From 1777 to 1790.
PRESIDENTS.
Thomas Wharton, Jr., elected March 5, 1777
George Bryan, 1 acting May 23, 1778
Joseph Reed, elected Dec. i, 1778
William Moore, " Nov. 14, 1781
John Dickinson, " Nov. 7, 1782
Benjamin Franklin, " Oct. 18, 1785
David Redick, acting Oct. 15, 1788
Thomas Mifflin, elected Nov. 5, 1788
VICE-PRESIDENTS.
George Bryan, elected March 5, 1777
Matthew Smith, " Oct. n, 1779
1 Vice Wharton, deceased.
OF PHILADELPHIA.
179
William Moore,
James Potter,
James Ewing,
James Irvine,
Charles Biddle,
Peter Muhlenberg,
David Redick,
George Ross,
elected
Nov. ii, 1779
Nov. 14, 1781
Nov. 7, 1782
Nov. 6, 1784
Oct. 10, 1785
Oct. 31, 1787
Oct. 14, 1788
Nov. 5, 1788
MEMBERS OF COUNCIL.
Thomas Wharton, Jr.,
George Bryan,
John Evans,
Jonathan Hoge,
George Taylor,
John Louden,
John Proctor,
John Hubley,
Col. Jacob Morgan,
Col. Joseph Hart,
John Bailey,
Thomas Urie,
John Hambright,
James Edgar,
Jacob Arndt,
Thomas Scott,
John Mackey,
Matthew Smith,
James Read,
Joseph Reed,
James Ewing,
John Lacey, Jr.,
William Moore,
James Thompson,
Robert Whitehill,
John Van Campen,
Col. John Piper,
Gen. James Potter,
Dr. Joseph Gardner,
James Cunningham,
Christopher Hayes,
John Bayard,
Sebastian Levan,
John Byers,
Dorsey Pentecost,
John Dickinson,
James Irvine,
George Wall, Jr.,
John McDowell,
Samuel John Atlee,
Stephen Balliet,
Bernard Dougherty,
Isaac Meason,
John Neville,
John Boyd,
Daniel Hiester,
Charles Biddle,
Richard McAllister,
John Woods,
James McLene,
Benjamin Franklin,
Henry Hill,
Evan Evans,
Samuel Dean,
Peter Muhlenberg,
William Brown,
Robert Traill,
William Maclay,
David Redick,
John Smilie,
John Baird,
Andrew Billmyer,
Nathan Denison,
Christopher Kucher,
George Ross,
Samuel Edie,
George Woods,
Frederick Watts,
John Cannon,
Abraham Smith,
Zebulon Potts,
Richard Willing,
180
MARTIN'S BENCH AND BAR
Amos Gregg,
Samuel Miles,
Thomas Mifflin,
John Wilkins,
James Martin,
William Wilson,
Jonas Hartzel,
Nathaniel Breclin,
Henry Taylor,
William Findley,
Benjamin Elliott,
Lord Butler.
Senators of the United States,
William Maclay,
Robert Morris,
Albert Gallatin,
James Ross,
William Bingham,
Peter Muhlenberg,
George Logan,
Samuel Maclay,
Andrew Gregg,
Michael Leib.
Abner Lacock,
Jonathan Roberts,
Walter Lowrie.
William Findlay,
William Marks,
Isaac D. Barnard,
George Mifflin Dallas,
William Wilkins,
Samuel McLean,
James Buchanan,
Daniel Sturgeon,
Simon Cameron,
James Cooper,
Richard Brodhead, Jr.,
William Bigler,
Edgar Cowan,
David Wilmot,
Charles R. Buckalew,
John Scott,
Willam A. Wallace,
James Donald Cameron, 1
John I. Mitchell, 2
FROM PENNSYLVANIA.
elected
1789 to 1791
1789 to 1795
1793 to 1794
1794 to 1803
1795 to J 8oi
1801 to 1802
1801 to 1807
1803 to 1808
1807 to 1813
1809 to 1814
1813 to 1819
1815 to 1821
1819 to 1825
1821 to 1827
1825 to 1831
1827 to 1833
1831 to 1833
1831 to 1834
1833 to 1839
1834 to 1845
1839 to 1851
1845 to T ^49
1857 to 1861
1867 to 1877
1849 to 1855
1851 to 1857
1855 to 1861
1861 to 1867
1861 to 1863
1863 to 1869
1869 to 1875
1875 t l8 8i
1877 to 1885
1881 to 1887
'The unexpired term of his father, who resigned; and on Jan. 21, 1879, he
was re-elected for six years from March 4, 1879.
2 Elected for six years, on February 23, 1881.
OF PHILADELPHIA.
181
Speakers of the Senate,
OF PENNSYLVANIA.
1791 Richard Peters,
1792 Samuel Powel,
1794 Anthony Morris,
1795 William Bingham,
1796 Robert Hare,
1800 John Wood,
1802 Samuel Maclay,
1804 Robert Whitehill,
1806 James Brady,
1807 Presly C. Lane,
1815 John Tod,
1817 Isaac Weaver,
1821 William Marks, Jr.,
1825 Thomas Burnside,
1826 Alexander Mahon,
1828 Daniel Sturgeon,
1830 William G. Hawkins,
1833 Dr. Jesse R. Burden,
1834 Thomas Ringland,
1835 Jacob Kern,
1836 T. S. Cunningham,
1837 Dr. Jesse R. Burden,
1838 Charles B. Penrose,
1840 William T. Rogers,
1840 Eben. Kingsbury, Jr.,
1841 Charles B. Penrose,
1841 J. H. Ewing,
1842 John Strohm,
1842 William Heister,
1843 Benjamin Crispin,
1844 William Bigler,
1845 William p - Wilcox,
1846 Daniel L. Sherwood,
1847 Charles Gibbons,
1848 William Williamson,
1848 William F. Johnston,
1849 George Darsie,
1850 Valentine Best,
1851 Benjamin Matthias,
1852 John H. Walker,
1853 Thomas Carson,
1854 Maxwell McCaslin,
1855 William M. Hiester,
1856 William M. Piatt,
1857 David Taggart,
1858 William H. Welsh,
1859 John Cresswell, Jr.,
1860 William M. Francis,
1 86 1 Robert M. Palmer,
1862 Louis W. Hall,
1863 George V. Lawrence,
1864 John P. Penny,
1865 William J. Turrell,
1866 David Fleming,
1867 Louis W. Hall,
1868 James L. Graham,
1869 Wilmer Worthington.
1870 Charles H. Stinson,
1871 William A. Wallace,
1872 James S. Rutan,
1873 George H. Anderson,
1874 Butler B. Strang.
Lieutenant-Governors.
Elected under the Constitution of 1873.
To preside in the Senate.
John Latta, elected Nov.
Charles W. Stone, " Nov.
Chauncey F. Black, " Nov.
1874
1878
1882
Presidents of the Senate.
Pro tempore.
George H. Cutler, elected Jan'y 4, 1875
Elisha W. Davis, " Mar. 18, 1875
182
MARTIN'S BENCH AND BAR
John C. Newmyer, elected ' May 5, 1876
Thomas Vernon Cooper, " Mar. 23, 1877
Andrew Jackson Herr, " May 24, 1878
John Lamon, " June 6, 1879
William Imlay Newell, " Jan'y 4, 1881
Hugh McNeill, June 9, 1881
John Edgar Reyburn, Jan'y 2, 1883
Speakers of the House of Assembly,
OF THE COMMONWEALTH OF PENNSYLVANIA.
1791 William Bingham,
1793 Gerarcus Wynkoop,
1794 George Latimer,
1799 Cadwalader Evans,
1800 Isaac Weaver, Jr.,
1804 Simon Snyder,
1806 Charles Porter,
1807 Simon Snyder,
1809 James Engle,
1810 John Weber,
1812 John Tod,
1813 Robert Smith,
1814 John St. Clair,
1815 Jacob Holgate,
1816 ReesHill,
1818 William Davidson,
1819 ReesHil!,
1820 Joseph Lawrence,
1821 John Gilmore,
1822 Joseph Lawrence,
1825 Dr. Joel B. Sutherland,
1826 Joseph Ritner,
1828 Ner Middleswarth,
1830 Frederick Smith,
1832 John Laporte,
1833 Dr. Samuel Anderson,
1833 James Findlay,
1834 William Patterson,
1835 James Thompson,
1836 Ner Middleswarth,
1837 Lewis Dewart,
1839 William Hopkins,
1841 William A. Crabb,
1883 John Egner Faunce.
1842 James Ross Snowden,
1843 Hendrick B - Wright,
1844 James Ross Snowden,
1845 Findley Patterson,
1847 Tames Cooper,
! 848 William F. Packer,
1850 John S. McCalmont,
1851 John Cessna,
1852 John S. Rhey,
1853 William P. Schell,
1854 E. B. Chase,
1855 Henry K. Strong,
1 85 6 Richardson L. Wright ,
1857 J. Lawrence Getz,
1858 A. B. Longaker,
1860 W. A. C. Lawrence,
1 86 1 Elisha W. Davis,
1862 John Rowe,
1863 John Cessna,
1864 Henry C. Johnson,
1865 Arthur G. Olmsted,
1866 James R. Kelly,
1867 John P. Glass,
1868 Elisha W. Davis,
1869 John Clark,
1870 Butler B. Strang,
1871 James H. Webb,
1872 William Elliott,
1874 Hugh H. McCormick,
1875 Samuel F. Patterson,
1877 Elijah Reed Myer,
1879 Henry M. Long,
1881 Benjamin L. Hewitt,
OF PHILADELPHIA.
183
Board of Public Charities,
Constituted by Act of April 24, 1869.
PRESIDENTS.
Gen. Thomas Leiper Kane, elected Dec. i, 1869
George Leib Harrison, " March i, 1871
George Davvson Coleman, Sept. 24, 1875
Mahlon Hall Dickinson, " Sept. 20^ 1878
COMMISSIONERS.
George Leib Harrison, 1 appointed Dec. i, 1869
F. B. Penniman, 2 Dec. i, 1869
George Dawson Coleman, 3 Dec. i, 1869
Gen. Thomas Leiper Kane, Dec. i, 1869
Dr. Wilmer Worthington, 4 Dec. i, 1869
Charles A. Wood, Dec. i, 1869
Hiester Clymer, Dec. i, 1870
William Bakewell, Dec. i, 1871
Col. Amos C. Noyes, Dec. i, 1872
George Bullock, Dec. i, 1872
Francis Wells, 6 Dec. i, 1873
Mahlon Hall Dickinson, Nov. i, 1875
Thomas Beaver, Sept. 20, 1878
James S. Biddle, Jan. 23, 1879
Lewis Peterson, Jr., May 21, 1880
John W. Chalfant, May 25, 1880
Gen. Wm. Watts Hart Davis, Nov. 2, 1880
Philip C. Garrett, 6 Sept. 6, 1882
SECRETARIES.
Dr. Wilmer Worthington, elected Dec. i, 1869
Dr. Diller Luther, " May i, 1873
Commissioners of Fisheries,
Under Act of March 14, 1784. For making the Schuylkill navigable
and preserving the Fish therein.
James Hockley,
Joseph Paul,
John Brooke,
Abraham Lincoln,
George Gardiner,
Charles Shoemaker,
Frederick Kleckner,
Lindsay Coats,
Robert Curry,
John Bishop,
John Jones,
David Thomas,
Jacob Light,
Mordecai Millard,
George Maris,
Henry Holler,
Samuel Baird,
Anthony Levering,
John Spohn,
George Miller,
Matthias Pennebacker.
'Resigned. Sept. 24, 1875. 2 Penniman resigned in 1870.
3 Died, Sept. 9, 1878. *Died, 1873. 5 Resigned, Jan. I, 1879.
"Jan. 10, Senate refused to confirm him. Jan. II, confirmed, to fill the
vacancy caused by resignation of James S. Biddle, June 7, 1882.
184 MARTIN'S BENCH AND BAR
Commissioners of Rivers and Streams,
And for preserving Fish therein, under the Act of March j/, 1785 ;
14 C. R., 481.
For Northumberland Gen. James Potter, Samuel Wallis,
William Montgomery and William Maclay.
For York James Evving, Michael Simpson, Dr. Robert Harris
and William Bailey.
For Bedford George Woods.
For Lancaster John Bailey, Donegal, John Musser, Benjamin
Galbraith, James Potter and George McCullough.
For Cumberland Gen. Frederick Watts, William Brown,
Robert Whitehall and John Montgomery.
For Chester County John Churchman and Thomas Turbutt.
Commissioners of Fisheries,
By Act of April 28, 1873.
fhree persons to be appointed by the Governor.
1873 Howard J. Reeder, of Northampton.
1873 Benjamin L. Hewett, of Blair.
1873 James Duffy, of Lancaster.
Additional Appointments.
ATTORNEY-GENERAL.
Lewis Cochran Cassidy, commissioned Jan. 16, 1883
CITY CONTROLLER.
Samuel Davis Page, 1 by Governor Jan. 16, 1883
William M. Taggart, 1 by Councils Jan. 17, 1883
RECORDER OF PHILADELPHIA.
William H. Smith, 2 by Governor Jan. 23, 1883
HARBOR MASTER.
Capt. James P. Lindsay, appointed Jan. 23, 1883
ASSISTANT CITY ENGINEER.
John K. Little, 8 appointed Jan. 23, 1883
'These appointments will lead to a contest, and the Courts will have to
decide whether the Governor or the Councils have the power to fill a vacancy.
2 The present Recorder will contest this appointment, as his term of office
( 10 years) has not expired.
8 In place of John D. Estabrook, elected Chief Commissioner of Highways.
OF PHILADELPHIA. 185
The Bibliography,
OF THE LAWS OF PENNSYLVANIA.
The Bibliography of the Statutes at Large, more commonly
called " The Acts of Assembly" of Province and Commonwealth
of Pennsylvania, naturally begins with the Body of Laws passed
at the meeting of the First Legislature of the Province, called by
Penn at Upland, /'. e., Chester, on Dec. 4, 1682, and which met
in the Block House built by the Swedes, and not in the House
generally represented, which was the first Meeting House of
Friends at Chester, and which was not built until 1693. The
statement that the first Assembly met in James Sandeland's man-
sion, which was built with lime made from oyster shells, and fell
down many years since, is not borne out by the language of the
note in i Logan Papers, 46. Nor were the Great Laws then
passed, in number 90 see Votes of the Assembly those agreed
upon in England. Those, called the Printed Laws, were laid
before the Assembly, together with other laws, called the Written
Laws, and were presented by Penn. The Preamble and one law
of the Printed Laws only was passed ; then the others, called the
Written Laws, were substituted and passed. The laws so passed
were enlargements or amendments of the laws prepared in Eng-
land. William Penn, in a letter dated December 16, 1682, says:
"The foreigners were naturalized, and all the laws passed that
were agreed upon in England, and more fully worded."
In the Votes of the Assemby it clearly appears that only the
Preamble and one chapter of the Printed Laws agreed upon in
England, was passed. The Assembly, page 4, then appointed
" two members to confer with the Governor touching the 315!
Article (which, bye the bye, was only a blank) of the printed
Constitutions." This they appear to have done, and the confer-
ence seems to have resulted in explanations, which caused the
Assembly to drop the consideration of the Printed Laws, and the
Written Laws were taken up, read and passed, as follows, the Act
of Naturalization, the 2nd chapter of the Written Constitutions,
and eighty-eight other chapters of the Written Laws, in all ninety,
forming the " Great Law or Body of Laws," but which, as it has
been handed down to us, consists only of sixty-one laws. And
although we naturally w ask, how, why, and by whom the ninety
laws passed became reduced to sixty-one, we ask in vain ; suffice
it to say, we have the sixty-one laws recorded as the "Great
Laws," passed at Upland, in an engrossed copy of the laws in
the handwriting of Patrick Robinson, the then Secretary of the
Province, dated December 7, 1682. It is admitted, in the
" Historical Notes" to the " Duke of Yorke's Laws," &c., page
482, that the three parchment rolls of the laws in the office of the
Master of Rolls, " were not authentic.'" These consisted of sixty-
186 MARTIN'S BENCH AND BAR
nine laws, and when compared in 1689 with the " Councils Book
of Laws," the Secretary reported " that he had examined and
compared the rolls of the first sixty laws with the Councils Book
of Laws, he found little agreement, and that, as the Keeper said
at the last sitting of Council, were not authentic, so there was no
depending on them."
As early as May 23, 1683, ' c was proposed in the Provincial
Council that the laws of the Province should be printed, but after
some debate the question was negatived. On November 18, 1 701 ,
a resolution was adopted, directing the Master of Rolls to have
the laws printed forthwith. This resolution appears to have been
carried into effect, because in 1.702 James Logan forwarded a copy
of the laws "lately printed" to William Penn.
The "Session Laws" were printed from 1712-13 (this copy is
wanting), and have been regularly issued ever since. These are
now called the "Pamphlet Laws." The Philadelphia Library
have the " Session Laws" from 1714 to 1769 inclusive, and those
from 1776 to 1801. And all that is wanted to fill up the gap is
the publication of the Acts of Assembly from 1700 to 1714. A
collation of the " Session Laws" of the Province has been printed
in Sabin's Dictionary of Books relating to America.
i. The first collection of the Statute Laws of the Province was
made by a Committee of the Assembly, and was printed by
Andrew Bradford, appointed by and under the authority of the
Legislature. These he "collected in one volume," and printed
and sold himself. The first edition was issued in 1714. The
title page of this edition is as follows: "The Laws of the
Province of Pensilvania, collected in One Volumn, by Order of
the Governour and Assembly of said Province. Printed & sold
by Andrew Bradford, in Philadelphia, 1714." In the "Ad-
vertisement to the Reader," on the back of the title page of
this edition, it is stated: "All the laws made in and since the
year 1700, and now in force, are here printed at large, and the
Titles of those only that are Repealed, Expired or Obsolete ;
with the times when they were Enacted are set down in their
Proper Order, whereby such as may have Recourse thereunto may
with the more Certainty apply to the Originals, or the Record
where they are Entered."
The Historical Society of Pennsylvania Ijave a fine copy of this
edition, which sold at the vendue of Samuel Sitgreaves' Library,
in November, 1817, for fifteen cents, for which two hundred dol-
lars was given in 1881.
2. The Second Edition of the Laws was printed in 1728, by
Andrew Bradford, " Printer to the Province," and contained a
collection of the laws then in force, in " one volumn," edited by
David Lloyd. Both those editions are in small folio, and very
rare. The first edition is imperfectly paged, which has attracted
OF PHILADELPHIA. 187
much attention and many remarks, and careful examiners wonder
whether this was done through carelessness or with a purpose, but
as the laws appear complete, it was probably only a want of knowl-
edge of imposing by the printers, and it is quite common in the
old English law books, for instance, see Rolle 1 s Reports.
3. The volume printed and sold by B. Franklin, Philadelphia,
MDCCXLII, 1742, entitled, The Charters of the Province of
Pennsylvania and City of Philadelphia, contains all the laws
then in force, passed between 1682 and 1738, and the title of
those repealed and expired, pp. 562, with an appendix contain-
ing a summary of such Acts of Assembly as have been formerly in
force within this Province for Regulating of Descents, &c., pp.
24, Index, pp. X. Edited by John Kinsey, Esq.
4. The Charters and Acts of Assembly of the Province of
Pennsylvania, in two volumes. Vol. I. Containing the Charters
of the said Province and the City, Boroughs and Towns thereof.
The Titles of all the Laws of said Province since its Establish-
ment down to the year 1700. The Acts of the said Assembly
from the year 1700 to 1743, now in Force: and the Royal Con-
firmations and Repeals to the said Acts, compared with the Public
Records (Arms of Penn). Philadelphia, printed by Peter Miller
and comp., MDCCLXII. Vol. II. Containing the Acts of
Assembly of the said Province, from the year 1744 to 1759, now
in Force. A Collection of all the Laws tha't have been formerly
in force within this Province for Regulating of Descents and
Transferring the Property of Lands, but are since expired, altered
or repealed, from the Establishment of the Province down to this
present time. Compared with the Public records. Together
with an Index, referring to the matters contained in both volumes.
Philadelphia, printed by Peter Miller and comp., MDCCLXII.
There are two editions, the above described, in one large folio, and
the other in two small volumes, printed 1762, both editions con-
taining the same matter. These two editions are called "Big"
Peler Miller and "Little" Peter Miller. The first edition was
edited by Lewis Weiss and Charles Brockden, the second by
Joseph Galloway.
5. So-called Galloway's Edition, being the Acts of Assembly
of the Province of Pennsylvania, carefully compared with the
originals, and an Appendix, containing such Acts and parts of
Acts, relating to Property, as are expired, altered or repealed,
together with the Royal, Proprietary, City and Borough Charters,
and the original Concessions of the Honorable William Penn to
the First Settlers of the Province. Published by Order of Assem-
bly (Arms of Penn ), Philadelphia. Printed and sold by Hall and
Sellers in Market Street, between Front and Second Streets.
MDCCLXXV.
188 MARTIN'S BENCH AND BAR
6. The Acts of Assembly of the Commonwealth of Pennsyl-
vania, carefully compared with the originals. And an Appendix,
containing the laws now in force, passed between the 3oth day of
September, 1775, and the Revolution. Together with the Decla-
ration of Independence, and the Articles of Confederation of the
United States of America. Published by order of the General
Assembly. (Arms of the State). Philadelphia. Printed and
sold by Francis Bailey in Market street. MDCCLXXXII (1782).
Revised, corrected and compared by Thomas McKean, Esq.
7. Laws of the Commonwealth of Pennsylvania, from the i4th
day of October, 1700, to the ist of October, 1781. Republished
under the authority of the Legislature, by Alexander James Dallas.
Vol. I. II, III. 'Philadelphia. Printed by Hall and Sellers.
MDCCXCVII. Vol. IV. Lancaster. Printed hy Francis Bailey,
Centre Square, 1801. The 3d and 4th volumes are the printed
Acts of Assembly from January 8, 1791, to February 26, 1801.
Since the session of 1801-2, the Acts of Assembly, or Pamphlet
Laws, as they are commonly called, have been issued annually in
their present form.
8. Laws of the Commonwealth of Pennsylvania. From the
I4th of October, 1700, to the 6th day of April, 1802. Repub-
lished under the authority of the Legislature, by M. Carey and
J. Bioren. Philadelphia. Printed by John Bioren, No. 88 Chest-
nut street, for Matthew Carey and self. 1803. In 8 volumes.
The VII Vol., printed by Bioren in 1,806, containing the Laws
from December 7, 1802, to April 4, 1805. The VIII. Vol.,
printed by Bioren in 1808, containing the Laws passed from Dec.
3, 1805, to March 28, 1808.
9. The Laws of the Commonwealth of Pennsylvania. From
the i4th day of October, 1700, to the 20th day of March, 1810.
Republished under the authority of the Legislature, with notes
and references, in four volumes. Printed and published by John
Bioren, No. 88 Chestnut street, 1810.
The author of the Notes to this work was Charles Smith,
LL.D., afterwards, in 1820, appointed President Judge of the
District Court of Lancaster. His notes are of great value, and
display great ability and research. The note in the second vol-
ume upon the Land Laws, is considered as the most learned and
exhaustive essay on that subject yet written. The compiler suc-
ceeded, however, only in bringing the laws down to the session
of 1807-8. A fifth volume was therefore issued, by authority, in
1812 (with a General Index), bringing the Laws down to the end
of the session of 1811-12. These five volumes form "Smith's
Laws."
In 1822 volume sixth and seventh were issued, edited by
Joseph Reed, Esq. (the Recorder of the city). These volumes
brought the laws down to the end of the session of 1821-22.
OF PHILADELPHIA. 189
In 1842-4, three more volumes were published by Kay &
Brother, the Law Booksellers and Printers, of Philadelphia, also
edited by Joseph Reed. The last volume being issued in 1844,
and bringing the laws down to the session of 1829-30, and making
the full series of Smith & Reed consist of ten volumes.
10. In 3 Binney 's Reports, Philadelphia, 1811, Appendix, p.
593, will be found, The Report of the Judges of the Supreme
Court of the Commonwealth of Pennsylvania, made in pursuance
of an Act of the General Assembly of the said Commonwealth,
passed the yth day of April, 1807, reported to the Senate and
House of Representatives n the igth and aoth of December,
1808.
By the Act above referred to, it was enacted " That the Judges
of the Supreme Court are hereby required to examine and report
to the next Legislature, which of the English Statutes are in force
in this Commonwealth, and which of those statutes, in their
opinion, ought to be incorporated into the statute laws of this
Commonwealth."
The Report of the Judges covers 32 pages, giving the book and
page, year and reign and title of the British Statutes in force in
Pennsylvania, and noting those statutes which in their opinion
ought to be incorporated into our Statute Laws : See 2 American
Law Journal, pp. 51 to 79. In 1817 Roberts' Digest of British
Statutes was issued at Pittsburg, being the first edition.
11. A Digest of Select British Statutes, comprising those which
according to the Report of the Judges of the Supreme Court
made to the Legislature, appear to be in force in Pennsylvania,
with some others, with notes and illustrations, by Samuel Roberts,
President of the Court of Common Pleas of the 5th Judicial
District of Pennsylvania. Second edition, with additional notes
and references to English and American decisions, giving con-
struction to those statutes down to the present time, and also the
Report made by the Judges of the Supreme Court to the Legisla-
ture, by Robert E. Wright, Esq., Counsellor at Law, of Allentown,
Pa. Published at Philadelphia, 1847.
12. The State printed in 1879 Tne Charter to William Penn
and the Laws of the Province of Pennsylvania, passed between the
years 1682 and 1700, preceded by the Duke of York's Laws, in
force from the year 1676 to 1682. with an Appendix, containing
the Laws Delating to the organization of the Provincial Courts and
historical matter. Published under the direction of John Blair
Linn, Secretary of the Commonwealth. Compiled and edited by
Staughton George, Benjamin M. Nead and Thomas McCamant.
Harrisburg: Lane S. Hart, State Printer, 1879.
13. The Digests, properly so called, commence with An Abridg-
ment of the Laws of Pennsylvania, being a complete Digest
of all such Acts of Assembly as concern the Commonwealth at
25
190 MARTIN'S BENCH AND BAR
large, to which is added an Appendix, containing a variety of
Precedents (adapted to the several Acts) for the use of the Justices
of the Peace, Sheriffs, Attorneys and Conveyancers. By Collinson
Read. Philadelphia, MDCCCI. (1801),
14. An Abridgment of the Laws of Pennsylvania, from 1700
to April 2, 1811, with references to Reports of Judicial Decisions
in the Supreme Court of Pennsylvania. By John Purdon, Jr.
Philadelphia, 1811, being the first edition. The second, to the
24th of March, 1818, issued that year, is called "A Digest."
The third edition was issued in 1824, and the next (fourth edition)
was issued in 1831. By John W. Pnrdon. It should be by John
Purdon, who was a well known member of the Philadelphia Bar,
admitted April 28, 1806, and died October 23, 1835.
The fifth edition of Purdon was issued in 1837, the sixth in
1841, and the seventh in 1847, by George M. Stroud, Esq.,
Associate Judge of the District Court of Philadelphia.
The eighth, ninth and tenth editions, edited by Frederick
Charles Brightly, Esq., of the Philadelphia Bar. The eighth in
1853, the ninth in 1862. These editions are called " Brightly's
Purdon's Digest." The last, being the tenth edition, was issued
in 1873, since which time it has been continued by annual sup-
plements to 1878..
15. A Digest of the Laws of Pennsylvania, from April 7, 1830,
to April 15, 1835, with Explanatory Notes, showing the nature and
extent of the operation of the Laws contained in this volume, so
far as they alter, amend, repeal and supply the pre-existing Laws
of this Commonwealth. Together with reference to numerous
judicial decisions. Intended, with Purdon's Digest, to form a
complete Digest of the Laws of Pennsylvania to the present time.
By Benjamin Parkeand Ovid F. Johnson. Harrisburg : Patterson
& Small, 1836. Volume I. and a supplementary volume (the
second) issued in 1837, bringing the Digest down to June 16,
1836, constituting " Parke & Johnson's Digest," in two volumes.
16. The General Laws of Pennsylvania, from the year 1700 to
April 22, 1846, chronologically arranged, with notes and refer-
ences to all the Decisions of the Supreme Court of Pennsylvania,
giving construction of said Laws, and a copious index. Com-
piled by James Dunlop, of Pittsburg. Philadelphia, 1847.
Second edition, 1849, an< 3 the third in 1853.
And it may be added, that " The Votes of the Assembly from
1682 to 1776," in five volumes. The " Journals of the House of
Representatives of Pennsylvania, from the 28th day of November,
1776, and ending October 2, 1781, with the Proceedings of the
several Committees and Conventions at and before the commence-
ment of the American Revolution." MDCCLXXXII ; in one
large folio. And the " Minutes of the Assembly," from 1784 to
OF PHILADELPHIA. 191
1790, in four volumes; constitute invaluable books of reference to
the lawyer, the historian and the student. '
Mr. Brightly, in the preface to the tenth edition of Purdon>
1873, says, that " to obtain a complete body of the Statute Laws
of this State, it is only necessary, in connection with PURDON, to
possess Roberts' Digest of British Statutes in force in Pennsyl-
vania." Mr. Brightly means a complete copy of laws in force;
but the active lawyer and the careful historian both need more
than this ; they require all the Statutes at Large of the State.
There have arisen occasions when lawyers have had to obtain
from the State Department copies of public and private Acts,
especially charters, at some delay and expense. The Historian,
unless he is wealthy, has to do without the public Acts. By a
careful examination of the above recited digests, a list of the
titles of the unprinted Acts between 1700 and 1714, ninety-five
in number, could easily be made, and could the Legislature be
prevailed upon to order their publication, they would perfect the
Statutes at Large of Pennsylvania in a form accessible to our citi-
zens ; and it is to be hoped that, for the credit of the State, this
will be speedily done.
Bibliography of Pennsylvania Reports.
1. Manuscript Notes and Reports of Cases argued and tried in
Pennsylvania; between the years 1760 and 1783. "The gift of
Thomas I, Wharton, Esquire, to the Law Association of Phila-
delphia, 1846." The first 30 pages of the following notes are in
the handwriting of William Rawle, the elder. Many of the cases
are Reported in i Dallas. See the Reporter's acknowledgment
of his use of 'these notes in the Preface to i Dallas. Also Preface
to Thomas I. Wharton's edition of the same.
2. HOPKIXSON'S REPORTS consist of 49 cases tried in the Ad-
miralty at Philadelphia, before Judge Francis Hopkinson, who
sat on the Bench of that Court from 1779 to 1791, and will be
found in the works of Francis Hopkinson. Printed at Philadel-
phia, by Thomas Dobson, in 1792.
3. PENNSYLVANIA STATE TRIALS. Containing the Impeach-
ment, Trial and Acquittal of Francis Hopkinson, Judge of the
Court of Admiralty, and John Nicholson, Comptroller-General of
Pennsylvania. Philadelphia, 1794.
4. Manuscript Notes of J. Bradford Wallace, 1801 to 1816, in
three volumes, in possession of the Philadelphia Library Com-
pany, being the Reporter's notes of cases in the Third Circuit
while that Bench was occupied by Judges Washington and Peters.
They cover a part of the same term included in Washington
Circuit Court Reports, but more full as to notes and arguments.
5. WALLACE'S REPORTS. Reports of cases adjudged in the
192 MARTIN'S BENCH AND BAH
Circuit Court of the United States for the Third Circuit. Phila-
delphia, 1802. One volume, 240 pages. Containing the deci-
sions of the Judges appointed under the Act of Congress, Feb. 13,
1801, viz., William Tilghman, Chief Judge, with Richard Bassett
and William Griffith as his associates. These gentlemen were
the so-called Midnight Judges. Second edition, 1838.
6. PETERS' ADMIRALTY DECISIONS. 2 Volumes, 1807. Ad-
miralty Decisions in the District Court of the United States of
the Pennsylvania District, by the Hon. Richard Peters. Com-
prising also some decisions in the same Court by the late Francis
Hopkinson, Esquire. To which are added cases determined in
other Districts of the United States, with an appendix. Contain-
ing the Laws of Oleron. the Laws of Wisbuy, the Laws of the
Hanse Towns, the Marine Ordinances of Louis XIV., A Treatise
on the rights and duties of Owners, Freighters and Masters of
Ships and Ma'riners, and the Laws of the United States relative to
Mariners. Philadelphia, 1807.
7. BEE'S ADMIRALTY REPORTS. Being reports of decisions of
Thomas Bee, Judge of the United States District Court of South
Carolina, to which are added some decisions of the late Judge
Francis Hopkinson, of the Pennsylvania Admiralty Court, before
the formation of the Federal Government, i Volume. 1810.
8. The opinion of Judge Cooper on the effect of a sentence of
a Foreign Court of Admiralty. Published (with his permission)
by Alexander James Dallas. Philadelphia, 1810. This was the
case of Dempsey, Assignee of Brown, v. The Insurance Company
of Pennsylvania. The opinion is preceded by an interesting In-
troduction by Mr. Dallas.
9. FISHER'S BRITISH LICENSE CASES, i Volume in 1813.
Cases decided in the District and Circuit Courts of the United
States for the Pennsylvania District, and also a case decided in
the District Court of Massachusetts relative to the employment of
British Licenses on board of vessels of the United States. Phila-
delphia, published by Redwood Fisher. Re-printed by Bourquin
& Welsh in 1871, pp. 91.
10. PETERS, JR., REPORTS, i Volume. Philadelphia, 1819.
This volume contains the decisions of Justice Bushrod Washington,
of the Circuit Court of the United States for the Third Circuit,
from 1803 to 1818. Made from the note-books of Judge
Washington, and edited by Richard Peters, Jr.
n. WASHINGTON'S CIRCUIT COURT REPORTS. 4 Volumes.
Philadelphia, 1826-29. Reports of cases determined in the Circuit
Court of the United States for the Third Circuit. Comprising
the Districts of Pennsylvania and New Jersey. Commencing at
April Term, 1803. Published from the manuscripts of the Hon.
Bushrod Washington, one of the Associate Justices of the Supreme
Court of the United States. Edited by Richard Peters, Jr.
OF PHILADELPHIA. 193
12. BALDWIN'S CIRCUIT COURT REPORTS, i Volume. 1837.
Reports of cases determined in the United States Circuit Court,
Third Circuit, by Henry Baldwin, an Associate Justice of the
Supreme Court of the United States, assigned to that Circuit.
13. GILPIN'S REPORTS, i Volume. Philadelphia, 1837. Re-
ports of cases determined in the United States Court for the
Eastern District of Pennsylvania, Principally by Judge Joseph
Hopkinson ; in Admiralty causes from 1828 to 1835. By Henry
Dil worth Gilpin.
14. CRABBE'S REPORTS. i Volume. Philadelphia, 1853.
Cases argued and adjudged in the District Court of the United
States for the Eastern District of Pennsylvania. 1836 to 1846.
By William H. Crabbe.
15. WALLACE JUNIOR'S REPORTS. 3 Volumes. Philadelphia,
1849-62. Cases in the Circuit Court of the United States for
the Third Circuit, with an Appendix. Reported by John William
Wallace. Philadelphia : Walker, 24 Arch street, 1849. Vol.
i, pp. 372, Appendix clxi. 2 Volumes, 598 pages, and an Index.
Printed 1854, and the 3d volume in 1862.
16. DALLAS' REPORTS. 4 Volumes. Philadelphia, 1790-1807.
Reports of cases in the Courts of the United States and Pennsyl-
vania before and since the Revolution. By Alexander James
Dallas. The first volume has been twice reprinted. The third
edition was edited by Thomas I. Wharton, with notes and an
Appendix. The fourth volume was reprinted with additions by
Benjamin Gerhard.
17. ADDISON'S REPORTS. i Volume. 1800. Reports of
cases in the County Courts of the Fifth Circuit and in the High
Court of Errors and Appeals of the State of Pennsylvania. By
Alexander Addison, President Judge of the Courts of Common
Pleas of the Fifth Circuit. Washington : Printed by John
Colerick.
1 8. Report of the Trial of Alexander Addison, on Impeach-
ment by the House of Representatives before the Senate of Penn-
sylvania, by Thomas Lloyd. 2d edition. Lancaster, 1803.
19. YEATES' REPORTS of cases from 1791 to 1808, adjudged in
the Supreme Court of Pennsylvania, with some select cases at
Nisi Prius and in the Circuit Courts. 4 Volumes. Philadelphia,
printed 1817-19.
20. BINNEY'S REPORTS. 6 Volumes. Philadelphia, 1809-15.
Reports of cases argued and determined in the Supreme Court of
Pennsylvania. By Horace Binney, the elder.
21. THE AMERICAN LAW JOURNAL. In 6 volumes. Edited by
the late John E. Hall, of Baltimore. Volumes i and 2, printed
in 1809, by William R. Farrand & Co., Philadelphia and else-
where, contains reports of cases in the High Court of Errors and
Appeals of Pennsylvania, of as early a date as 1785, and also
194 MARTIN'S BENCH AND BAR
reports of cases adjudged in the Supreme Court of this State.
Volume 3 in 1810, the 4th in 1813, and the 5th volume, printed
by Moses Thomas, contains no report of Pennsylvania cases. The
last volume, the 6th, was issued in 1817, by Harrison Hall, who
removed to Philadelphia about 1816, and revived the publication
under the name of " The Journal of Jurisprudence," one volume
only of which was printed by M. Carey & Sons, in 1821. It con-
tains some ancient decisions of historical value, notably the trial
of William- Penn at the Old Bailey.
22. BROWNE'S REPORTS. In 1811 Peter A. Browne issued a
volume of Reports of Cases adjudged in the Courts of Common
Pleas of the First Judicial District of Pennsylvania principally,
from 1806 to 1811, with an Appendix. Containing some earlier
reports, and some cases decided in the Orphans' Court of Phila-
delphia County. The First Judicial District, until the passage of
the Act of Feb. 24, 1806, consisted of the counties of Philadelphia,
Bucks, Delaware and Montgomery.
23. SERGEANT & RAWLE'S REPORTS. 17 Volumes. Philadel-
phia, 1818-29. Reports of cases adjudged in the Supreme Court
of Pennsylvania, from 1814 to 1828. By Thomas Sergeant and
William Rawle, Jr., Esquires.
24. RAWLE'S REPORTS. 5 Volumes. Philadelphia, 1829-36.
Reports of cases argued and determined by the Supreme Court of
Pennsylvania, 1828 to 1835. By William Rawle, Jr., Esquire.
25. THE JOURNAL OF LAW. i Volume. Philadelphia, 1831.
Conducted by an Association of Members of the Bar. This
periodical contains a few cases, Corporation v. Wallace, by Chief
Justice Gibson, and some other cases.'
26. ASHMEAD'S REPORTS. 2 Volumes. 1831-41. Reports of
cases in the County Courts of Philadelphia. By John Wayne
Ashmead, Esq.
27. PENROSE & WATTS' PENNSYLVANIA REPORTS. 3 Volumes.
Harrisburg and Carlisle, 1832-33. Cases adjudged in the Supreme
Court of Pennsylvania from 1829 to 1832. Vol. i by William
Rawle, Jr. , Charles B. Penrose and Frederick Watts. Vols. 2
and 3 by Messrs. Penrose & Watts.
28. WATTS' REPORTS. 10 Volumes. Philadelphia, 1834-41.
Cases determined in the Supreme Court of Pennsylvania, from
May, 1832, to September, 1840. By Frederick Watts, Carlisle.
29. MILES' REPORTS. 2 Volumes. 2d Edition. Philadelphia,
1871. Reports of cases determined in the District Court for
the City and County of Philadelphia, from 1835 to 1841. By
John Miles, Counsellor-at-Law.
30. WHARTON'S REPORTS. 6 Volumes. Philadelphia, 1836-41.
Cases adjudged in the. Supreme Court of Pennsylvania in the
Eastern District, from December, 1835 to March, 1841. By
Thomas I. Wharton.
OF PHILADELPHIA. 195
31. WATTS & SERGEANT'S REPORTS. 9 Volumes. Philadelphia,
1842-45. Reports of cases adjudged in the Supreme Court of
Pennsylvania. By Frederick Watts and Henry J. Sergeant.
32. PENNSYLVANIA LAW JOURNAL. 5 Volumes. Philadelphia,
1842-46. Edited by Henry E. Wallace and David Webster,
Esqs. Contains the decisions in Bankruptcy of Archibald Randall,
Judge of the United States District Court, for the Eastern District
of Pennsylvania, and miscellaneous cases from the. Courts of
Philadelphia and other counties. Followed by Vols. 6 and 7 by
J. J. Robbins, and then a new series called the " American Law
Journal" Vols. S-n, or New Series, Vols. 1-4, edited by an
"Association of Gentlemen learned in the Law." This termi-
nated in 1852, and was changed into the " American Law Regis-
ter," edited by Asa I. Fish and Henry Wharton, who had been
the most active of the " Association of Gentlemen learned in the
Law," in charge of its predecessor, the " American Law Journal."
33. PENNSYLVANIA STATE REPORTS. 99 Volumes'. Containing
cases adjudged in the Supreme Court. Commencing in 1845 an ^
ending November Term, 1881. The following is a list of the State
Reporters ; with the number of volumes reported by each :
Robert M. Barr, Reported 10 volumes.
J. Pringle Jones,
George W. Harris,
Joseph Casey,
Robert E. Wright,
P. Frazer Smith,
A. Wilson Norris,
14
3 2
15
Albert A. Outerbridge, 2
\
32d P. F. Smith, or Volume 81* of Penna. State Reports, con-
tains the Reports of Cases remaining in the hands of Mr. Smith
after he ceased to be the State Reporter. Printed by Rees Welsh
& Co., Philadelphia, 1881.
34. VAUX'S DECISIONS, i Volume. Philadelphia, 1846. Reports
of some criminal cases on primary hearing before the Hon.
Richard Vaux, Recorder of the City of Philadelphia, from 1841
to 1847, w i tn remarks on the writ of Habeas Corpus and forms of
proceedings in criminal causes.
35. PARSON'S SELECT EQUITY CASES. 2 Volumes. Philadel-
phia, 1853. Argued and determined in the Court of Common
Pleas of the First Judicial District of Pennsylvania, from 1841 to
1850. Reported by Anson Virgil Parsons, one of the Judges of
the Court.
36. BRIGHTLY' s NISI PRIUS. i Volume. Philadelphia, 1851.
Reports of cases decided by the Judges of the Supreme Court of
Pennsylvania in the Court of Nisi Prius at Philadelphia, and also
196 MARTIN'S BENCH AND BAR
in the Supreme Court, with notes and references to recent deci-
sions. By Frederick C. Brightly.
37. THE AMERICAN LAW REGISTER. A monthly magazine,
which began in November, 1852. Edited by Asa I. Fish and
Henry Wharton, of the Philadelphia Bar, and extended to Nov.,
1 86 1, making nine volumes, in which will be found reported many
valuable Pennsylvania cases. Continued from 1861 by " The
American Law Register, New Series" edited by Hon. James T.
Mitchell and others, 21 volumes, and publication still continued.
38. GRANT'S CASES. 3 Volumes. Philadelphia, 1859-64. Re-
ports of cases argued and adjudged in the Supreme Court of Penn-
sylvania, from 1852 to 1863. By Benjamin Grant, Esq., of Erie.
39. JOHN HILL MARTIN'S Collection of Insurance Reports. In
2 volumes. Newspaper slips, principally from the pages of the
Insurance Intelligencer, of Philadelphia. Only one perfect copy is
known to exist of this periodical, which is in possession of
the writer, who furnished such reports, being a portion of the
cases reported from 1857 to this date, ist Vol., 1858, pp. 109.
2d Vol., 1867, pp. 97.
40. JOHN HILL MARTIN'S ADMIRALTY REPORTS. Being a col-
lection of reports of cases before the late Honorable John K.
Kane and John Cadwalader, Judges of the Court of Admiralty
of the Eastern District of Pennsylvania, and some other cases
elsewhere, in 1858-59-60. In i volume, pp. 260. Newspaper
cuttings and indexed, and intended to be presented to the
Historical Society of Pennsylvania.
41. PHILADELPHIA REPORTS. 12 Volumes. Philadelphia, 1860.
Containing the unreversed decisions of the District Court, Courts
of Common Pleas, Orphans' Court, and Quarter Sessions of
Philadelphia and other counties, and the United States Courts
for Pennsylvania, published in the Legal Intelligencer from 1850
to 1878. 12 Volumes. A valuable collection of cases of great
importance to the practitioner. Edited by Henry E. Wallace to
the loth volume inclusive. Since then by Henry C. Brown.
42. BREWSTER'S REPORTS. 4 Volumes. Philadelphia, 1869.
Reports of Equity, Election and other important cases, argued
and determined principally in the Courts of Philadelphia. From
1856 to 1871. By Frederick Carroll Brewster.
43. LEGAL GAZETTE REPORTS of cases decided in the United
States Circuit Court, Eastern District of Pennsylvania, Supreme
Court at Nisi Prius, and the County Courts of Philadelphia, and
in the Courts of the 3d, 8th, gth, nth, i2th, 26th, 28th and 29th
Judicial Districts. Originally reported in the Legal Gazette from
July 2, 1869, to Jan. 5, 1872. By John H. Campbell, i Volume.
Philadelphia, 1872.
44. PENNSYLVANIA LAW JOURNAL REPORTS. Containing cases
in the Federal and State Courts of Pennsylvania, originally
OF PHILADELPHIA. 197
reported in the Pennsylvania Law Journal and American Law
journal, from 1842 to 1852 inclusive. Arranged and collated,
with reference to cases in subsequent reports. By John A. Clark
(Philadelphia Bar). 5 Volumes. 1872-3.
45. PITTSBURG REPORTS. 3 Volumes. Philadelphia, 1872-3.
Containing cases decided by the Federal and State Courts of
Pennsylvania, chiefly at the city of Pittsburg. Originally pub-
lished in the Pittsburg Legal Journal. From 1853 to 1873.
Edited, with parallel references, by Boyd Crumrine.
46. LEGAL CHRONICLE REPORTS. 2 Volumes. Pottsville,
1874-77. Of cases decided in the Supreme Court and in the
Courts of the ist, 2d, 3d, 7th, gth, nth, i2th, i3th, 2oth, 2ist,
23d and 26th Judicial Districts of Pennsylvania. Originally
reported in the Legal Chronicle from Jan. 11, 1873, to December,
1875, inclusive. By Sol. Foster, Jr.
47. WEEKLY NOTES OF CASES. Now in its i2th Volume;
1874 to 1883. Argued and determined in the Supreme Court
of Pennsylvania and in the County Courts of Philadelphia, and
the United States District and Circuit Court for the Eastern Dis-
trict of Pennsylvania. By members of the Philadelphia Bar.
A valuable collection of cases, of inestimable importance to the
profession, and exceedingly creditable to the Reporters.
48. PEARSON'S REPORTS. 2 Volumes. Philadelphia, printed
by Rees Welsh & Co. 1879-80. Decisions of John J. Pearson,
President Judge of the Twelfth Judicial District. Reported by
his son, William Pearson, of the Dauphin County Bar. ist Vol.,
1850-68. 2d Vol., 1868-80.
49. PENNSYLVANIA SUPREME COURT REPORTS, i Volume.
1882. Printed by Rees Welsh & Co. Containing cases in
Law and Equity adjudged in the Supreme Court, being those
not designated to be reported by the State Reporter ; decided in
May, October and November Terms, i88i. J By Samuel W.
Pennypacker, of the Philadelphia Bar.
50. LUZERNE LEGAL REGISTER REPORTS, i Volume. Phila-
delphia. 1882. Cases decided in the Supreme Court, in the
Courts of Luzerne County, and of the 2d, 5th, 8th, i2th, i5th,
i9th, 2 ist, 26th, 3ist, 32d, 43d, 44th and 45th Judicial Districts
of Pennsylvania. Originally reported in The Luztrne Legal
Register oi 1880-81. Edited by George B. Kulp, of the Luzerne
County Bar.
51. THE LEGAL RECORD REPORTS, i Volume. Pottsville,
1882. Containing chiefly cases tried and decided in the Courts of
Schuylkill County, and the decisions of the Supreme Court on
appeal in county cases, made up from the pages of the Schiiylkill
Legal Record, which are printed so as to be detached and bound
in book form. This paper was first issued on May 9, 1879. The
second volume of the Reports is to contain the cases reported in
36
198 MARTIN'S BENCH AND BAR
1881 and 1882, by Arthur J. Pilgrim and Lewis B. Walker, the
Editors and Reporters.
52. THE LEGAL INTELLIGENCER. This well-known exponent of
the Philadelphia Bar, the oldest Law Journal in the United States,
was established by the late Henry E. Wallace, a member of our
Bar, and it remains a very creditable monument to his memory.
Its first number was given to the public on Dec. 2, 1843. -^
is not only valuable to 'the profession in a business point of
view, furnishing as it does all the Trial Lists and Motion Lists of
the Courts of the City and County of Philadelphia, but is histori-
cally invaluable, embracing in its columns the reports of the
decisions of our Judiciary, on local matters of great interest and
importance to our community, which are thus preserved for future
reference, and are the evidences of the labors and learning of our
Judges, of whose integrity and ability this community is justly
proud. The editors of the Legal Intelligencer since its publica-
tion have been, Henry E. Wallace until his death in 1879, J-
Hubley Ashton, as Associate from February, 1860, to October,
1864, and Dallas Sanders and Henry C. Titus.
53. OLWINE'S LEGAL REPORTER. On November 25. 1848,
Anthony Wayne Olwine was elected the Prothonotary of the
Common Pleas; previously, on September 7, 1848, his son,
Isaac Wayne Olwine, was admitted to the Bar, and was his
father's chief clerk. Mr. Olwine, the Prothonotary, died May 6th,
1850. During his term of office, or immediately thereafter, his
son began the issue of a legal newspaper (I have forgotten its
title, but I am informed that it was as above given) in opposition
to the Intelligencer ; but it had a very brief existence. The Di-
rectories of the period fail to give the title of Olwine's legal paper.
In the Directory of 1848, after his name, it is stated, '' Editor of
the Philadelphia Bee." This may be the paper he afterwards
converted into a legal journal.
54. TUCKETT'S MONTHLY INSURANCE JOURNAL. 2 Volumes.
Philadelphia, 1852 to 1860. Contains reports of Insurance cases
tried at Philadelphia and elsewhere. The editor was Captain
Harvey G. Tuckett, late an officer in the British Army, well
known in this country and England on account of his difficulties
with his Colonel, Lord Cardigan.
55. THE INSURANCE INTELLIGENCER. On January 31, 1857, Orrin
Rogers began the publication of the paper with this title, devoted
to all matters connected with the business of Insurance in all its
branches, and in the month of May of the same year the writer
began to furnish the publication with reports of the decisions of
our Courts and others in cases bearing on Insurance and Admi-
ralty questions. On January 4, 1862, the name of the Journal
was altered to that of The Philadelphia Intelligencer. And in
June, 1871, George C. Helmbold became the editor and pro-
OF PHILADELPHIA. 199
prietor. The paper is still issued, and the writer has furnished
for its columns many articles on Historical and Maritime subjects,
including "A Historical Sketch of Bethlehem in Pennsylvania,
with some account of the Moravian Church," and with the Lists
entitled " The Bench and Bar of Philadelphia." These services
have been performed voluntarily on the part of the writer, and
without compensation, and with the intent to preserve matters
connected with that part of the profession of the law to which he
has devoted his attention.
56. LEGAL AND INSURANCE REPORTER. A periodical. Begun
Dec. i, 1859, by James Fulton, and been continued since his
death by C. Albert Palmer. Contains decisions in Insurance
Cases before the Courts of Pennsylvania and elsewhere.
57. LUZERNE LEGAL OBSERVER. Scranton, Pa. First number
issued Oct. 31, 1860. In 3 volumes, ending Dec. 4, 1863.
There were a few numbers only of the 4th volume issued. Con-
tains reports of the State and County Cases, and of some else-
where. Editor and proprietor, E. S. M. Hill.
58. THE LANCASTER BAR, a weekly periodical, printed at Lan-
caster, Pa., has now (1882) reached its XIV. Volume. Edited by
Philip D. Baker and W. T. Brown. Contains reports of cases
determined in the Supreme Court and in the Courts of Lancaster
and other counties.
59. THE LEGAL GAZETTE. On July 2, 1869, Messrs. King &
Baird, printers, issued the first number of a legal weekly, bearing
this name. It was discontinued June i, 1876. It was an excel-
lent paper ; but there was no necessity for two newspapers of the
same character in this city, either then or now.
60. LEGAL OPINION. Harrisburg Weekly. Beginning Nov.
5, 1870. Contains reports of cases principally in Dauphin County.
5 Volumes. Ending Oct. n, 1873.
61. THE SCRANTON LAW TIMES. A. A. Chase, editor. 1873
to 1876. 3 Volumes, and a few numbers of Volume 4. New
Series. 1877-8. i Volume, and some numbers of Volume 2.
New Series again, 1879 to date. 4 Volumes, and still published.
62. THE REAL ESTATE REPORTER, devoted to the interests of
real estate in all its branches, was established in Philadelphia on
October i, 1875, by James Robert Dever as editor and publisher,
it contained lists of all Judgments entered in all the County
Courts, lists of all mechanics' liens filed, building permits, notices
of sheriffs' sales, &c., and legal notes and decisions of interest to
lawyers, conveyancers and all persons interested in real estate
matters. This paper was issued weekly only for a short time.
63. THE DAILY COURT RECORD. The first number of this legal
Journal was issued in Philadelphia on October 20, 1877, by George
Delp, Esq., as editor and publisher. This paper furnishes a com-
plete list of the Judgments entered each day in the four Courts of
200 MAKTIN'S BENCH AND BAR
Common Pleas, 01so satisfied judgments, mechanics' liens, non-
suits commenced, assignments, transfers of real estate, sheriff's
sales, building permits, and abstracts of such legal decisions as
are of interest to the business community.
64. THE LACKAWANNA BAR. E. Merrifield, editor, i Volume.
August to October, 1878.
65. THE SUSQUEHANNA LEGAL CHRONICLE. April, 1878, to
March, 1879. I Volume only issued.
66. THE LACKAWANNA LEGAL RECORD. Published at Scranton,
Pa., for one year. 1878-9.
67. THE COMMON PLEAS REPORTER succeeded the above at
Scranton, but was discontinued before a volume was completed.
68. THE YORK LEGAL RECORD, now in its second volume, being
a record of cases argued and determined in the various Courts of
York County, in Pennsylvania. The first number was issued on
March 4, 1880. Edited by S. C. Frey.
69. THE DAILY LEGAL NEWS was first issued in Philadelphia on
January 6, 1879, by General Joshua Thomas Owen. This paper
gave reports of decisions of the Courts, the Trial and Motion
Lists, lists of Wills probated, &c. It was changed to a weekly on
July i, and on October 15, 1879, finally discontinued. Henry
D. Wireman, Esq., has a complete set.
70. THE PENNSYLVANIA LAW RECORD. The first issue of this
weekly legal paper was published in Philadelphia, on Tuesday,
June 3, 1879. Edited by William Allen Mitchener, Esq. Con-
tained the reports of cases decided in our Courts, and the record
of judgments entered, mortgages recorded, wills probated, &c.,
during the preceding week. 2 Volumes. 1879 anc ^ 1880. It is
doubtful whether a complete set of this paper exists ; but the
Law Library and Judge Mitchell have sets nearly complete.
71. THE CHESTER COUNTY REPORTER, published at West
Chester, by James Monaghan, was first issued in April, 1880, and
is still continued, containing reports of cases tried in Chester
County and elsewhere.
72. THE WEEKLY REPORTER, edited by Ward R. Bliss, Esq., 1
of the Delaware County Bar, printed at Chester, on the Delaware.
The first number was issued May 31, 1881. Octavo. It con-
tains legal advertisements, and the opinions of the President
Judge of Delaware County, and the opinions of the Supreme
Court in county cases on appeal. The latter portion being so
arranged that it can be detached and bound in a book at the
conclusion of each volume, to be styled "The Delaware County
Reports."
1 Mr. Bliss is also the editor of The Delaware County Republican. In
which, while it was conducted by the late Young S. Walter, appeared the
corrected lists of the Bench and Bar from The Insurance Intelligencer, (see
ante p. 199, No. 55,) and which are now here reprinted. In the same Journal
was published The History of Chester, since issued in book form, Philadelphia,
1877. PP- 53-
OF PHILADELPHIA. 201
Pamphlet Reports
OF PENNSYLVANIA TRIALS.
1. The case of the Sloop Active, before Judge Ross, in the Ad-
miralty, and on appeal to the Commissioners of Appeals from the
Courts of Admiralty, on Dec. 12, 1788, reversing the decree of
Judge Ross, and the Act of Assembly of Pennsylvania relative
thereto. Being the case of Olmsted and others v. Rittenhouse's
Executrixes. By Richard Peters, Jr. Printed, Philadelphia, 1779.
pp. 27. Second Edition, 1809; pp. 108.
2. A case decided in the Supreme Court of the United States,
in February, 1793, m which is discussed the question, "whether
a State be liable to be sued by a private citizen of another State."
Philadelphia: Printed by T. Dobson, 1793, pp. 120.
3. A correct account of the trials of Charles M'Manus, John
Hauer, Elizabeth Hauer, Patrick Donagan, Francis Cox and
others, at Harrisburg, June Oyer and Terminer, 1798, for the
murder of Francis Shitz, on the night of the 28th December,
1797, at Heidelberg Township, Dauphin County, in the Com-
monwealth of Pennsylvania ; containing the whole evidence, and
the substance of all the law arguments in those celebrated trials.
Printed at Harrisburg, by John Wyeth, 1798, 8vo, pp. 163.
4. A Report of the extraordinary transactions which took place
at Philadelphia, in February, 1799, in consequence of a memo-
rial from certain natives of Ireland to Congress, praying a Repeal
of the Alien Bill ; containing an account of the proceedings which
produced the memorial, the assault on the committee at St. Mary's
Church, and the proceedings at the Mayor's office, upon the
arrest of the memorialists, a copy of the memorial, and the trial,
with the names of the jury, the evidence at large, the speeches of
counsel on both sides, and the charge to the jury. By William
Duane, Philadelphia. Printed in the office of the Aurora, 1799.
5. The two trials of John Fries, on an indictment for Treason,
together with a brief report of the trials of several other persons
for Treason and Insurrection, in the Counties of Bucks, North-
ampton and Montgomery, in the Circuit Court of the United
States, begun at the City of Philadelphia, April n, 1799, con-
tinued at Norristown, Oct. n, 1799, and concluded at Philadel-
phia, April n, 1800, before the Hon. Judges Iredell, Peters,
Washington and Chase. To which is added a copious appendix,
containing the evidences and arguments of the counsel on both
sides on the motion for a new trial, the arguments on the motion
for removing the case to the county where the crime was com-
mitted, and the arguments against holding the jurisdiction at
Norristown. Taken in short-hand by Thomas Carpenter. Phila-
delphia, 1800. 8vo, pp. 226, 50. An edition in the German
language was printed in Allentown. Pa., 1839 ; pp. 324.
202 MARTIN'S BENOH AND BAR
6. An account of the trial of Thomas Cooper, of Northumber-
land, on a charge of libel against the President of the United
States, under the Alien and Sedition Law. The trial took place
in April, 1800. Reported by Cooper. Printed in 1800; pp. 64.
7. A report of an action of libel, brought by Benjamin Rush
against William Cobbett, in the Supreme Court of Pennsylvania,
December Term, 1799. By T. Carpenter. Printed in 1800.
8. The Holland Land Case ; being a Report of the case of The
Commonwealth v. Tench Coxe, Esq., on a motion fora manda-
mus in the Supreme Court of Pennsylvania. Taken from the
manuscript of the 4th volume of Dallas' Reports, and not reported
in full therein. Philadelphia, 1803, pp. 137.
9. The trial and acquittal of Edward Shippen, Chief Justice,
and Jasper Yeates and Thomas Smith, Associate Justices of the
Supreme Court, on an Impeachment before the Senate of Pennsyl-
vania in 1805. By William Hamilton, Editor of the Lancaster
Journal, and printed in Lancaster; pp. 491. Appendix, pp. 96.
10. The trial of Journeymen Boot and Shoemakers of Philadel-
phia for combination and conspiracy to raise their wages. The
defendants were found guilty and fined. Taken in short-hand
by Thomas Lloyd, 1806; pp. 157.
11. The Robbery of the Bank of Pennsylvania in 1798; trial
in the Supreme Court of Pennsylvania. Upon which the Presi-
dent of the Bank, the Cashier, one of the Directors (who was an
Alderman), and another person who was High Constable of
Philadelphia, were sentenced to pay Patrick Lyon $12,000, for a
false and malicious prosecution against him, &c. Reported from
notes of Thomas Lloyd, Philadelphia, 1808; pp. 184.
12. Report of the case of the Commonwealth of Pennsylvania
v. John Smith, Marshal of the United States for the District of
Pennsylvania, brought before the Court on a writ of Habeas
Corpus, with the speeches of counsel and opinion by William
Tilghman, Chief Justice of Pennsylvania. By a member of the
Philadelphia Bar. Printed by David Hogan, 1809; pp. 52.
13. A report of the trial of General Michael Bright and others,
who conducted the resistance to the Federal authority on the part
of the State of Pennsylvania, by obstructing the execution of a
writ of arrest, tried before Judges Washington and Peters, in the
United States Circuit Court. Made by Thomas Lloyd. Philadel-
phia, 1809 ; pp. 224.
14. The report of the case of Evans v. Yarnall and many others,
members of the Society of Friends, involving questions in regard
to the discipline of the Society. In the Supreme Court of
Pennsylvania, at Nisi Prius, in Philadelphia, before Mr. Justice
Brackenridge and a Jury. Taken in short-hand by T. Lloyd,
and reported by Joseph R. Hopkins, 1810; pp. 150.
15. The Criminal Record, published by Matthew Carey, in 18 10,
OF PHILADELPHIA. 203
contains the case against Baker, Brous and Peterson, executed at
Philadelphia in 1800, for piracy and two murder cases.
1 6. Trial of James Sylvanus McClean, alias Melville, and
William L. Graham, before the Supreme Court of Pennsylvania,
for a conspiracy to extort money from Stephen Girard, together
with the correspondence between Dr. McClean and Samuel Salter
and Graham, with several literary productions of the Doctor, the
speeches of counsel, and the charge of Judge Brackenridge.
Philadelphia: John Binns, Printer, 1812, pp. 47.
17. The trial of John H. Jones, First Lieutenant of the Priva-
teer Schooner Revenge, on a charge of piracy, including the'
arguments of the counsel and the charge of Judge Washington.
Reported by one of the counsel engaged in the cause. Philadel-
phia : Printed by John Binns, for the reporter, 1813.
18. The case of Alien Enemies considered and decided. Being a
report of the arguments before and the judgment of Tilghman,
Chief Justice, in the case of Charles Lockington, an alien enemy.
By Richard Bache. Philadelphia, 1813.
19. Report of the trial of the Journeymen Cordwainers of the
Borough of Pittsburgh, had at an adjourned Court of Quarter
Sessions for the County of Allegheny, holden at Pittsburgh, the
first Monday of December, 1815. Taken by Charles Shaler, Esq.
Pittsburgh, 1816, pp. 52.
20. Trial of Edward Lyon (of Northumberland) for suborna-
tion of False Swearing, in which John Binns was endorsed as
Prosecutor, with some account of Binns, interspersed with
extracts of letters written to him by Edward Lyon from Glouces-
ter Gaol. Published from the Records of the Court, and minutes
taken at the time of trial. Philadelphia: Second edition, 1816.
21. The trial of Richard Smith, late Lieutenant 23d U. S.
Infantry, as principal, and Ann Carson, alias Ann Smith, as
accessory, for the murder of Captain John Carson, on Jan. 20,
1816, at a Court of Oyer and Terminer, held in Philadelphia,
May, 1816, by the Judges of the Court of Common Pleas, Judge
Rush, President ; together with the arguments of counsel, and
charges and sentence of the President. Taken in short-hand by
J. C., a member of the Philadelphia Bar. Philadelphia: Pub-
lished by Thdmas Desilver. No date; [but 1816,] pp. 253.
22. The trial of Frederick Eberle and others at Nisi Prius,
Philadelphia, 1816, before Mr. Justice Yeates, for illegally con-
spiring together by all means lawful and unlawful, " with their
bodies and lives," to prevent the introduction of the English lan-
guage into the services of St. Michael's and Zion Churches, be-
longing to the German Lutheran Congregation. By James Carson,
Attorney-at-Law. Philadelphia, 1817.
23. The trial of Robert W. Houston v. Gen. John Dicks and
others, members of a Court Martial, being an action of Trespass,
204 MARTIN'S BENCH AND BAR
in the Court of Common Pleas of Lancaster County, Pa. By
George Bryan Porter. Philadelphia, 1817.
24. Trial of Samuel Yardley Thornton and others for Conspiracy,
in the Quarter Sessions of Bucks County, 1821. Reported by
Joseph Hough and Albert Smith. Philadelphia, 1821;
25. Trial of John Lechler, for the murder of his wife, Mary
Lechler, before the Court of Oyer and Terminer, held for the
County of Lancaster on the ipth day of August, 1822. Contain-
ing all the evidence, with the particulars of the murder of Mrs.
Haag, including the speeches of counsel, the charge and the sen-
tence of the Court. Reported by Daniel Fuller, Esq. Lancaster,
1822, 8vo, pp. 64.
26. Trial of the Rev. William Hogan, Pastor of St. Mary's
Church, for assault and battery on Mary Connell, before the
Mayor's Court. Taken in short-hand by Joseph A. Bowling,
Stenographer. Published by Robert Desilver, 1822; pp. 138.
Appendix cxxix.
27. Report of the trial of the case of Alexander and others v.
The Schuylkill Navigation Company, to recover damages for the
loss of the Bridge at the Falls of the Schuylkill during the freshet
of Feb. 21, 1822, in the Common Pleas, Philadelphia, Feb. 18,
1824. Reported for the Watering Committee by John C. Lowber.
28. Trial of Michael Monroe, alias James Wellington, at a
Court of Oyer and Terminer held at Chester, Pennsylvania, on
the 20th of October, 1824, for the murder of William Bonsall, at
his dwelling on the Darby Road, on the night of the 22d of May,
1824. Containing the testimony of Mary Warner, Phoebe Bonsall,
Dr. Morris C. Shalcross, &c. Philadelphia, 1824; pp. 18.
29. The Doctrine of Constructive Larceny considered, as
developed in the recent case of George Tyson, the Stock and
Exchange Broker, who was tried at the Mayor's Court for the
City of Philadelphia, at the March Session in 1825, and contains
a report of the trial. By Charles F. Mumford, Esq., of the
Philadelphia Bar. Philadelphia, 1825. 8vo, pp. 36.
30. Report of the trial and acquittal of the Honorable Robert
Porter, President Judge of the Third Judicial District of Penn-
sylvania, before the Senate, composing the High Court of Im-
peachment of the said Commonwealth, upon articles of accusation
and impeachment preferred against him by the House of Repre-
sentatives, with the various discussions in the Senate and House
of Representatives, all the evidence and arguments of counsel at
length. By James Madison Porter. Easton, Pa., 1827; pp. 288.
31. Trial of the 24 Journeymen Tailors charged with conspi-
racy, before the Mayor's Court of Philadelphia, September Ses-
sions, 1827. Reported by Marcus T. C. Gould. Philadelphia,
1827 ; pp. 1 66.
32. Report of the trial of Friends in the City of Philadelphia,
OF PHILADELPHIA. 205
June, 1828, before the Honorable Edward King, Esq., President
Judge of the Court of Common Pleas for the First Judicial Dis-
trict of Pennsylvania, or the case of Edmund Shotwell, Joseph
Lukens, Charles Middleton and two others, who had been by the
Mayor of the city committed to prison, whence they were brought
up by Habeas Corpus, June gth, 1828. Reported by M. T. C.
Gould. Philadelphia, 1828; pp. 155.
33. Report of the trial for Libel, in which Dr. George
McClellan was plaintiff and Dr. Francis S. Beattie defendant, at
Philadelphia, March, 1829, with the whole of the evidence and the
Judge's charge, with notes by an eye witness. Philadelphia, 1829.
34. Mail Robbers. Report of the trials of Michael Mellon,
the Lancaster Mail Robber, and George Wilson and James Porter,
alias May, the Reading Mail Robbers, before the Honorable
Judges Baldwin and Hopkinson, in the Circuit Court of the
United States, holden in and for the- Eastern District of Penn-
sylvania, of April Sessions, 1830. Taken in short -hand by John
Mortimer. Philadelphia, 1830; pp. 160.
35. Report of the trial of Edward Williams for the murder of
his wife, before the Hon. Isaac Darlington, President Judge
and his Associate Judges, Pearce and Sharp, in the Court of
Oyer and Terminer held at the Borough of West Chester, in and
for the County of Chester, in the Fifteenth Judicial District of
Pennsylvania, at November Term, 1830 ; containing the testi-
mony of the witnesses, the speeches of the counsel concerned, and
the charge and sentence of the Court. West Chester, December,
A. D. 1830, pp. 68.
36. A full and accurate report of the trial for riot, before the
Mayor's Court of Philadelphia, on the i3th of October, 1831,
arising out of a Protestant procession on the i2th of July, and in
which the contending parties were Protestants and Roman Catho-
lics ; including the indictments, examination of witnesses, speeches
of counsel, Recorder's charge, verdict and sentences. Taken in
short-hand during the trial. Philadelphia, 1831, 8vo. pp. 104.
37. Trial of Lucretia Chapman, otherwise called Lucretia
Espos y Mina, who was jointly indicted with Lino Amalio Espos
y Mina for the murder of William Chapman, late of Andalusia,
County of Bucks, in' Pennsylvania. In the Court of Oyer and
Terminer, held in Doylestown, Bucks County, in December
Term, 1831, and continued to February Term, 1832. Prepared
for publication by William E. Du Bois, student of law (pp. 213),
with a Supplement to the trial of Mrs. Chapman of 1 1 pages, and
trial of Lino Amalio Espos y Mina for the murder of William
Chapman, in the Court of Oyer and Terminer, at Doylestown,
for the County of Bucks, April Sessions, 1832. Published by
George W. Mentz & Son, Philadelphia, 1832.
38. Trial of Charles Getter, for the murder of his wife, late of
206 MARTIN'S BENCH AND BAR
Forks Township, Northampton County, and Commonwealth of
Pennsylvania, in the Court of Oyer and Terminer and General
Gaol Delivery, held at Easton, in and for the County of North-
ampton, on the Third Monday of August, Anno Domini 1833 ;
containing the arguments of counsel at length. Reported by a
member of the Easton Bar. Philadelphia, 1833. 8vo., pp. 71.
39. Free-Masonry Unmasked ; or, Minutes of the trial of a
suit in the Court of Common Pleas of Adams County, wherein
Thaddeus Stevens, Esq., was plaintiff and Jacob Lefevre defend-
ant. iamo., pp. 93. Gettysburg, Pa. : R. W. Middleton, 1835.
40. Report of a trial for Libel on W. W. Sleigh, Common-
wealth v. Thomas Clark, tried before the Recorder's Court,
Northern Liberties, with speeches of counsel and the charge of
the Court to the jury. Philadelphia : Published from the origi-
nal notes, 1837, and the pamphlet containing the Libel. Printed
at New York, 1836.
41. Report of the trial and conviction of John Earls, for the
murder of his wife, in the Court of Oyer and Terminer of
Lycoming County, Pennsylvania, February i-io, 1836, with
arguments of counsel and confession of prisoner. Printed at
Williamsport in 1836.
42. Trial of Musselman and others for the murder of Lazarus
Zellerbach. Lancaster, 1839.
43. The Life of Eliza Sowers, together with a full account of
the trial of Dr. Henry Chauncey, Dr. William Armstrong and
William Nixon, for the murder of that unfortunate victim of illicit
love. Containing the examination of witnesses, &c., &c. At
the Court of Oyer and Terminer, January Session, 1839. Sup-
pressed evidence not omitted. Philadelphia, 1839 ; pp. 37.
44. Trial of Dr. T. W. Dyott, the banker, for fraudulent insol-
vency, in the Criminal Court of Philadelphia, with speeches of
counsel and charge of Judge Conrad. Printed in 1839.
45. Report of the case of the General Assembly of the Presby-
terian Church in the United States, before the Supreme Court
of Pennsylvania; charge of 
