The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-03-30 00:00:00, page 1

% the Freeholders and Freemen of. Pennsylvania.
THE resolves of the present Assembly, for taking the
sense of their constituents concerning the calling of
another Convention, have been very prudently rescinded.
This extraordinary proposal originated in the House,
and not among the people at large, As such business ought
ever to do; for if the majority in the Legislature for the
time being, were allowed, on their vote, after this man
ner to bring fundamentals into queftiou, we should pro
bably be agitated by dis uffions concerning the Constituti
on incessantly till at length the Rate would lapse into anar
chy. No wonder, therefore, that above fifteen rhonfand
of the freeholders and freemen, reprobating this attempt
of their Representatives, have interposed their prohibiti
on; it would have been Grange if the people had kept
silence and acquiesced under such a stretch ®f power as
sumed by an House of Assembly, deriving its existence
from, and anting under, that very Constitution which
they pretended to examine and propose as the fubje& of
enquiry. If, indeed, a great and prevailing uneasiness
throughout the state, or a considerable part of the inha
bitants, manifefted by numerous applications to the legis
lative and supreme executive powers, had urg^d a proceed
ing of this nature, I grant that these bodies, as the highest
in flation, might, nay ought, upon mature deliberation,
to regulate the wishes of the public, by recommending the
time and mode of taking the sense of their constituents,
upon the occasion of diffatisfadion; thus intervening,
from the necessity of the case, and providing for the fafety
of the state in a difficulty not within their proper jurif
diftion. But the late proposal of calling a Convention,
had not a Angle petition to rest upon. What else, indeed,
could be expeded in the present critical slate of affairs!
Howhappy then is it, that the citizens of Pennsylvania
have thus wifely and feafontbly avoided a precedent, ca
pable of, and likely to produce, do much mifchief!
From the issue of this business, it may be supposed,
that all designs of change in our Frame of Government,
must now be postponed till the period assigned for revision
by the Constitution itfelf. That aera, though not very
distant, is yet far enough off to admit of a fair trial of
every important article of it. Experience may then de
cide upon several points, concerning which thecrifts will
ever disagree and divide their fellow citizens. By com
paring the eflfeas of our pln with those of the neighbour
ing slates, it will be discoverable; whether two co-ordinate
bodies in legislation be preferable to a single House of Re
presentatives, employed in that important work; and
whether Justices of the Peace, commissioned by the su
preme executive power, from a double number chosen by
the freeholders, or Justices aligned by the Council at
large, will prove the most ufeful Magistrates *. The ad
vantages or mifchiefs to be derived from the Council of
Censors, will then also have an opportunity of manifefiing
themselves, and the institution may, upon trial, be either
retrained or abolished. But among the queries within
which the supposed defers of the Constitution have been
summed up by the Assembly, or rather by the diffatisfied
Members, there is one which seems to have been lugged
in, merely to colour the rest; I mean that which asks,
“ whether the Judges ought not to be made more inde
pendent by having their salaries fixed ; nd certain ?"
I suppose that the Justices of the Supreme Court of Ju
dicature are the Judges here intended ; at least, no other
were mentioned in the debates formerly subsisting about
the Constitution. The expression is, however, very
loose ; perhaps from negligence merely. That the Judges
of the Supreme Court faould be made fully independent as
to salary, is a proportion in which all parties agree.
The authors of the Constitution appear to have seen the
importance of this very clearly; they acknowledge and
provide for it by their twenty-third article, in the most
ample manner. “ The Judges of the Supreme Court of
" Judicature fall bane fixedfalaries, be commissioned for
" (even years only, though capable of reappointment at
O R
GENERAL
* The Keepers of the Peace in England, c u.ere anciently
chosen by the freeholders in the count, court ; a writ Jor
their election being direßed to the Sheriff. This, on,the de
position of Ed-ward the Second, to set up Edward the Third
in bis room, <was taken from them during the convulsion. —
See Blackfone, vol. I, 350.
For the PENNSYLVANIA. PACKET.
" the end of that term, but J removeable for mifbehavi
“ our atany time by the General Assembly ; they shall
<c not be allowed to fit as Members of the Continental
“ Congress, Executive Council, or General Assembly,
" nor to hold any other office, civil or military, nor to
, Ebe ponder of removing here given to the Assembly,
must be exercised after a conviction of misbehaviour, on a
trial at common laze, or on the impeachment of the Assem
bly, as direfled in the twentieth feflion in these v ords :
" Every officer of fate, whether judicial or executive,
fall be liable to be impeached by the General Assembly, either
Ruben in office, or after bis reJignation or removal, for mal
adminfration; all impeachments Jball be before the PreJi.
dent or Pice- PreJident and Council, who /ball bear and de
termine the fame?
TUESDAY,
[ Price 2s. 6d. single, 2s. by the quantity.
“ take any fees or perquisites of any kind." Here it is
expressly provided, that their salaries shall be fixed; they
are also debarred of all other offices and emoluments.
This was necessary to preclude all dependence on the As
sembly or Council; for whilst these Judges have any
thing to hope or fear from either, they will not be placed
out of the reach of influence. Accordingly the prefect
Justices of the Supreme Court were commissioned in the
summer of 1777, by patents from the Council for seven
years, if they so l®ng behave well ; competent filaries
having been firft fixed by the Legiflatu^e, ft must be ac
knowledged, that this establishment, as many ot ers, has
been deranged by the unfortunate depreciation of the pa
per money, and that the late Assembly to keep pace, in
some measure, with the deci ne of the currency, or the rife
in the price of necessaries, was obliged to increase them ;
and that, whilst they are on this footing, further augmen
tations may be necessary. But is this the feed income re
quired by the Constitution? By that, without doubt, it is
intended, that the salary which is firft fettled and accepted,
shall be as permanent as the commiffipn ; and it is equal
ly a departure from the twenty-third article, for the
Judges to take, as for the Assembly to offer any other, or
greater recompence. We fee then, that the plan of the
Assembly has been rendered abortive by the unforeseen
debasement of the medium of payment, -and that some
other must be made use of for this purpose.
But the quere abovementioned, notwith Handing asks,
as a cause for calling a Convention, whether these salaries
ought not to be fixed and certain? This is a question,
which was very improperly Rated in the resolves. To in
troduce the quantum and other circumstances of these sala
ries into the Constitution, would form as unsuitable a con
nexion, as that of the iron and day in the feet of the
image, seen by Nebuchadnezzar in his dream. The
changeable nature of every thing in this world, renders
an idea of this kind vain and absurd. An increase of ju
dicial business in consequence of extended settlements and
higher population, with greater public wealth, will reason
ably require and afford more honorable appointments to
the Judges, than can at present be afforded. It is worthy
remark, that Sir Ralph Hingham, Lord Chief Justice of
England, in the reign of Edward the First, though a law
yer of great learning, as appears by his works, yet ex
tant, had a salary of sixty marks, or forty pounds ster
ling, only t; an appointment seemingly very inadequate,,
but considering, that no more than twenty shillings were
in those days coined out of a pound of silver, though
now near sixty §; that the price of that metal, by the
opening of the mines in America, is lowered to one-fifth
of the former price || ; and that the fund of legal contro
versy, by the diffufion of property through the lower
ranks, and the multiplication of it by improvements in
commerce and the arts, is vastly increased ; I fay, consi
dering these mighty alterations, we ought not to be fur
prized at finding forty pounds (equal to four hundred
pounds at least of the present money of England) the sa
lary of this Judge, four hundred years since ; though a
Chief Justice's salary be new four thousand pounds ster
ling ; especially as he might then held another office.
Besides. this notion of incorporating the particulars of
these salaries, if it has ever been seriously entertained by
any persons here, is without example elsewhere. The
principle, only, was established by the great statesman
who formed the Bill of Rights, on which, as a fundamen
tal law, Willi m the Third afeended the throne of Eng
land ; the mode of the Judges salaries being left to Par
liament. Among the neighbouring Rates, we find Vir
ginia, in her Constitution, declaring, “ that these officers
(the Chancellor and Judges, wh® hold during good beha
viour) shall have fixed and adequate salaries." Delaware ;
" an adequate, fixed, but moderate salary," shall be “ fix
ed on each of them, during their continuance in office ;"
which is, whilst they behave well. Maryland; " sala
ries, liberal, but not profufe, ought to be secured to the
Chancellor, and the Judges, during the continuance of
their commissions," (that is to fay, during good behavi
our) " in the manner, and at such times, as the Legisla
ture shall hereafter direct, upon consideration of the cir
cumftaaces es the Rate." They are also excluded from
offices and other emoluments. In short, the words of the
Convention of Maryland, as to recompense, are a ftri&
paraphrase upon ours, being more fully expressed, but
substantially the fame. The Constitution of New-York
and New-Jersey are silent, as to salary ; accordingly in
the latter, an all of Assembly has just passed, granting to
the Judges of the Supreme Court, who must be commis
sioned for seven years, support for one year only: while
that of New-Y®rk, allows their Chancellor and Judges,
to fit in Congress, on special occasions, of which we have
at present an instance, in Chief Justice Jay, the President.
It is likely, that your readers, by this time, will begin
gin to think, as I do, that the seventh query, in the Re
solves of Assembly of the twenty-eighth of November
last, inßead of being put to their constituents, should have
X 3 Blackflone, 408.
§ 2 Hume's HiJiory of England.
|| Spirit of Lavss, vol. 11. 65.
THE
Published every Tuesday, Thursday and Saturday. ]
THE
ADVERTISER
been answered by themselves. In fact, Why has not the
Assembly made the Judges of the Supreme Court fully in
dependent, by eßablifhmg fixed and certain salaries on
each of them ? The Convention, we find, has done all
that the nature of the case would permit; the Legislature
only is in fault. Why then assemble another Convention
to fix these falari s? Certainly our representatives had not
considered this fubjeX with attention, when they unwarily
admitted that our Constitution was so highly defective, as
n®t to require fixed and certain salaries for the Judges of
the Supreme Court l
It is, really, high time, that our Assembly should exe
cute this part of our plan of government. The deficien
cy, which is theirs, is seen by all, and confeffed by them
selves ; yet, firange, the remedy not attempted. Surely
they can no longer delay this important duty, but must
immediately ease the minds of the people, and wipe away
the groundless opprobrium, cast upon our Constitution.
It is plain that money, ever a very inadequate measure of
ascertaining value, at least for any length of time, is more
especially so at present. Suppose then, that wheat, a com
modity of equal use at all times, and the staple merchan
dize of this country, were chosen for this purpose, these
salaries mipht be so fixed, as to render the Judges of the
Supreme Court completely independent. Fees and sala
ries, paid in goods, are pot without example. In Virgi
nia and Maryland, the officers of government, have long
been fati^fied for their services in tobacco, an article of lit
tle real use If, then, an a6t of Assembly with the express
detign, were passed, eftablilhing a competent revenue for
ordinary charges, liable in the firft place for the quantities
of wheat or other goods fettled on the Judges, and that
they were entitled to them «n their own demand, made
quarterly, upon the Treasurer, I should think that this
article of the Constitution was complied with, and t>e
Judges made fully independent. These would be the fix
ed salaries intended ; fixed indeed by the Legifliture, but
as far out of their power afterwards, to alter, as it is out of
the power of the Council to withdraw the commissions.
When this mode of rendering the Judges independent, as to
their salaries, has been fairly attempted, and has failed, it
will be 'time enough for the House to look out for aid from
an higher power. The waggoner, who immediately called
upon his god, Hercules, to lift his wheel out of the
Rough, was justly directed to clap his shoulder to the*
wheel, and use his own effort, firft.
To be SOLD by Public Vendue,
On Wednesday the fourteenth of April, at the Coffee-
House,
* COMMODIOUS two Rory brick Mefluage or
1 Tenement and frame Kitchen, with the Lot of
Ground thereto belonging, lituate on the north fide of
George's Alley, commonly called Coates's Alley be
tween Saffafra's and Vine-streets, in the city of Phila
delphia ; containing in breadth east and welt sixteen feet,
and in depth ninety feet, adjoining ground of Hugh
M'Culloch and others : There is a well on the premises
for a necessary, twenty feet deep. The whole clear of
ground-rent. The title indisputable.
Likewise a frame Cooper's Shop, eighteen feet square,
erected on a lot late of John Parrack's, finer forfeited
to the State, on the north fide of Saffafrals-ftreet, near
Delaware.
Buchs County, Pennsylvania, March 27.
FIFTY DOLLARS REWARD.
ST OLEN last night, out of the stable of the fub
fcriher, in Benfalem townihip, a bright hay Horse,
about fourteen and a half hands high, half Engiifh
blood, round bodied, black mane and tail, trots and
gallops very light and carries very lofty, newly mod
before, but no shoes behind, blind of one eye, the eye
ball being broke it lies flat, about ten years eld, no
white hairs about him that can be remembered. The
thief tock away a blind halter. Whoever secures said
horse and the thief, so that the owner may get his horse
again and the thief be brought to justice, shall have
the above reward, or Twenty five Dollars for the horse
only, with ail reasonable charges.
Philadelphia, March 18.
TWENTY DOLLARS REWARD.
CTRAYED from the fubferiber, living in Arch
ffreet, opposite the Chu ch Burying-grourid, a redifh
brown C O W, with Ihort legs and middling large body;
has a white face, with bc,wn hair round her eyes.
Any person who will bring said Cow to the fubferiber
shall receive the above reward.
ELIZABETH MILLER.
LA BOURERS wanted immediately, and
y good wages given. Apply to Nicholas Diehl,
or Christ opher Graff, on Tinicum Iftand. 6t.
MARCH 30, 177^
An IMPARTIAL ENQUIRER.
OHN KIDD