The Attorney General made report in the case of John McCannon of Bucks county, referred to him on the third of last September, by which it appeared that a Judicial Process has been instituted for ascertaining the value of the land for which the petitioner has been evicted.

Ordered, That the said report be filed.

His opinion respecting the power of Council to pardon in certain cases, inclosing Charles Eddy's petition, which was referred to him, was also received and read, and an order taken that the said opinion be entered upon the minutes of Council.

THIRD STREET, November 22nd, 1787.

SIR-Yesterday I received the inclosed petition from the Honorable Mr. Ross, who delivered to me the commands of Council, to report to them "whether they were authorized by the Constitution to grant the prayer of the petition, without the personal appearance of Charles Eddy, and before the identity of the person was ascertained, on a suggestion filed in the Supreme Court?"

The personal appearance of the party is certainly necessary, in order to reverse any outlawry or attainder, but it does not seem to be necessary to render him capable of receiving a pardon. The identity of the person will be sufficientiy established by his accepting a charter of pardon; on a suggestion filed, he might confess the fact, and he does as much when he receives the pardon. I beg leave to remark, that many difficulties be in the way of a reversal, which do not prevent the pardon of an attainder. Probably, because the effect of the latter is far short of that of the former. A reversal of the attainder restores the person to the situation he was in before, with all his rights, capacities, and privileges unimpaired. Even his estate, real and personal, or their value are to return to him. But a pardon will not restore to him any interest, which by his attainder was vested in the State, nor give him all the legal capacities he had before.

Except on impeachments Council have the full power of pardoning in all cases. This prerogative, however, in cases of treason and murder, cannot be exerted immediately on the attainder, but its exercise is restrained no longer than until the end of the next Sessions of Assembly. I conceive, that the Sessions referred to in this clause of the Constitutien, must be construed to mean, the Sessions next after the attainder. The restraint seems merely to prevent too hasty or precipitate a pardon of crimes so high in their degree, and proceeds upon the same principal with the Stat., 13, Reck, 2, which prohibits the king from pardoning those crimes, unless they be specially set forth in the charter of pardon. The reason and spirit of the clause, as well as the letter of it, seem to point to the attainder, as the time when the restriction commences, and which, there force, can last only till one Sessions of the Assembly be over.

I therefore beg leave to report to your Excellency and the Council, that I am of opinion that a pardon granted according to the prayer of the petition will be valid and effectual in all courts of justice. I have the honour to be,

With great respect, your Excellencies

Most obedient and humble servant,

WILLIAM BRADFORD, junior.

The following gentlemen were appointed and commissionated justices of the peace and of the Court of Common Pleas in and for the county of Huntingdon, upon the returns made according to law for the districts following, to wit:

Thomas Duncan Smith, for the town of Huntingdon; John Williams, for the district of the township of Huntingdon; Thomas McCune, for the district of the townships of Tyrone; William Philips, for the districts of the township of Woodberry.

On motion,

Ordered, That Robert Galbraith, Esquire, be appointed and commissionated President of the Court of Common Pleas, the Orphans' Court and Court of General Quarter Sessions of the Peace, and Jail Delivery in and for the county of Huntingdon.

And that Benjamin Elliott, Esquire, be appointed Lieutenant of the county aforesaid.

An order was drawn upon the Treasurer in favor of John Skinner, for twenty-six pounds, being an allowance for his extra services and expences upon the Western road, and for extending the said road one and a quarter miles farther than by his contract he had engaged to do.

Council resumed the consideration of the petition of Charles Eddy, (attainted of by high treason,) praying a pardon of the said offence, and also the recommendation of him accompanying the same; and thereupon, an order was taken, that the said Charles Eddy be pardoned and a pardon under the Great Seal was directed to issue accordingly.

The farther consideration of the Western road, and of the proceedings of the Orphans' Court in favor of the children of William Shippen, deceased, was postponed.

The Council met.

PHILAD'A, Saturday, November 24th, 1787.

PRESENT:

The Hon'ble PETER MUHLENBERG, Esquire, Vice President.

The Western Road as far as Bedford Town was confirmed, from thence to Fort Pitt the road to be reviewed.

The courses and distances of the Western Road leading from the widow Miller's spring through Shippensburgh, as far as the town of Bedford, this day confirmed by Council, are as follows, vizt.:

Beginning at the widow Miller's spring at Mount Rock, south fifty-four and a half degrees, east four thousand one hundred and thirty-nine perches, south fifty-seven degrees, west eighty-four perches, north eighty-three and a half degrees, west two thousand six hundred and ninety perches, north eighty-five degrees, west four hundred and twenty-two perches, south eighty-three degrees, west two hundred perches, north forty-six degrees, west sixty-six perches, north thirty-eight degrees, west fifty-five perches, south seventynine degrees, west fifty-seven perches, north fifty-four degrees, west one hundred and ninety-six perches, south sixty-three degrees, west one hundred and eight-two perches, north sixty-five degrees, west seventy-eight perches, south sixty degrees, west one hundred and thirty-eight perches, south seventy-nine degrees, west one hundred and twenty-two perches, south sixty-two degrees, west eighty-eight perches, north eighty-six degrees, west forty perches, north sixteen degrees, east fifty-eight perches, north sixty degrees, west twenty perches, north eighty-nine degrees, west eighteen perches, south seventy-two degrees, west forty perches, south eighty-five degrees, west thirty perches, north fifteen degrees, west thirty perches, south eighty-seven degrees, west three hundred and eighteen perches, north sixty-eight degrees, west one hundred and eight perches, north eighty-eight degrees, west four hundred and ninety-eight perches, south sixty-seven degrees, west thirty-eight perches, south sixtytwo degrees, west forty-four perches, south seventy-two degrees, west eighty-six perches, south sixty-nine degrees, west forty-eight perches. south eighty-eight degrees, west twenty perches, north thirty degrees, west eighteen perches, north fifty-five degrees, east twenty-four perches, north fifty-one degrees, west fourteen perches, north six degrees, east twenty-two perches, north nineteen

degrees, east fifty perches, north eight degrees, east thirty perches, north eighty-three degrees, west thirty-eight perches, north twentyseven perches, north nineteen degrees, west eighteen perches, south seventy-three degrees, west thirty perches, north fifty-two degrees, west one hundred and eighty perches, north seventyfive degrees, west one hundred and forty-two perches, south eighty-eight degrees, west sixty-six perches, north thirty-five degrees, west fifty-six perches to the burnt cabbins, at or near James Jemmisan's, in Dublin township, in the county of Bedford; thence north seventy-seven degrees, west fifty-six perches, south eighty-three degrees, west ninety perches, north eighty-nine degrees, west forty-eight perches, south eighty-five degrees, west twenty-six perches, south sixty-nine degrees, west sixty-six perches, south seventy-nine degrees, west eighteen perches, north seventyfour degrees, west thirty perches, south seventy four degrees, west seventy-two perches, south thirty-eight degrees, west one hundred and sixteen perches, south eleven degrees, west twenty-eight perches, south eighty-nine degrees, west eighteen perches, north fifty-nine degrees, west twenty-six perches, west eight perches, south seventyone degrees, west eighteen perches, south eighty-two degrees, west one hundred and ten perches, south seventy-nine degrees, west thirty-three perches, south eighty-eight degrees, west thirty-one perches, south seventy-seven degrees, west forty-one perches, south fifty-eight degrees, west twenty perches, south forty-seven degrees, west seventeen perches, south seventy-five degrees, west twentytwo perches, south fifty-four degrees, west forty perches, south eighty-seven degrees, west thirty-four perches, south sixty-six degrees, west twenty-two perches, south fifty-five degrees, west fiftytwo perches, south forty-two degrees, west thirty-two perches, south forty-nine degrees, west twenty perches, south sixty-eight degrees, west twenty eight perches to Bird's; thence north eighty-six degrees, west eighty perches, south sixty-five degrees, west sixty perches, south seventy degrees, west ninety perches to Fort Littleton; thence south sixty-four degrees, west sixty perches, south fifty-six degrees, west forty-two perches, south fifty-four degrees, west twelve perches, south thirty degrees, west twenty-six perches, south fifty-six degrees, west forty-four perches, south seventy-seven degrees, west thirty-eight perches, south forty-two degrees, west two hundred and twenty-two perches, south thirty degrees, west two hundred and twelve perches, south thirty-two degrees, west twenty-eight perches, south eighty-five degrees, west eighty-eight perches, north fifty-nine degrees, west one hundred perches, north seventy-three degrees, west twenty-two perches, north fifty perches, north forty-three degrees, west twenty-eight perches, north fortyeight degrees, west thirty perches, north seventy-eight degrees, west twenty perches, north eighty-six degrees, west fifteen perches, north sixty-three degrees, west twenty-four perches, north sixtyeight degrees, west twenty-two perches, south eighty-two degrees,

west six perches, south twenty-seven degrees, west thirty-two perches, south forty-eight degrees, west eighteen perches, south eighty degrees, west twenty-six perches, south seventy-six degrees, west fourteen perches, north eighty-eight degrees, west thirty-six perches, north forty-seven degrees, west twenty-eight perches, north eighty. one degrees, west sixteen perches, north fifty-six degrees, west thirty-eight perches, north seventy degrees, west thirty perches, north seventy-seven degrees, west fifty-two perches, north sixtyfour degrees, west twenty perches, north sixty-seven degrees, west twenty-eight perches, south seventy-four degrees, west twenty-two perches, south sixty-four degrees, west twelve perches, south eightyfive degrees, west seventy-two perches, north eighty-eight degrees, west twenty-two perches, south seventy-five degrees, west sixteen perches, north sixty-eight degrees, west thirty-two perches, north eighty degrees, west thirty perches, north fifty-eight degrees, west twenty-eight perches, north eighty degrees, west thirty-four perches, north sixty-six degrees, west fifty-four perches, north seventy-three degrees, west fourteen perches, south sixty-five degrees, west eighteen perches, south seventy-eight degrees, west fourteen perches, north seventy-four degrees, west four hundred perches, south forty-six degrees, west forty-two perches, north eighty-eight degrees, west eighty-six perches, north sixty-two degrees, west one hundred and six perches, south eighty-five degrees, west sixteen perches, south sixty-five degrees, west fifty-two perches, south eighty-five degrees, west one hundred and eighteen perches, south sixty-six degrees, west fifty two perches, south sixty degrees, west thirty-eight perches, south fifty-three degrees, west twenty perches, south sixty-two degrees, west twenty-six perches, west thirty-eight perches, south eighty-two degrees, west twenty-four perches, south seventy-eight degrees, west twenty-two perches, south eighty-two degrees, west eighteen perches, south seventy-seven degrees, west forty-eight perches, south seventy-two degrees, west eighteen perches, south sixty-eight degrees, west twelve perches, south fifty-eight degrees, west twelve perches, south thirty-five degrees, west twelve perches, south eleven degrees, west eight perches, south thirty-one degrees, west twenty-six perches, south twenty-five degrees, west eight perches, south fifty degrees, west nine perches, north seventy-two degrees, west twenty-nine perches, south eighty-five degrees, west six perches, south thirty. two degrees, west eight perches, south eighty-eight degrees, west thirty perches, south seventy-six degrees, west twelve perches, south sixty-seven degrees, west forty-eight perches, south forty-two degrees, west thirty-eight perches, south fifty degrees, west forty-eight perches, south forty-five degrees, west eighteen perches, south sixty degrees, west eighteen perches, south seventy-two degrees, west sixteen perches, south fifty-one degrees, west twenty perches, south thirty-nine degrees, west eighty-eight perches, south fifty-six degrees, west thirty perches, south forty-three degrees, west fifty-eight