The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-09-10 00:00:00, page 2

The committee to whom was referred the memorial of
sundry merchants, signed by them in three columns,
without date, and presented Alignfl the loth, by John
Nixon and John Wilcocks, merchants of this city,
' to the committee of thirteen,, for enquiring into the
Rate of trade, make the following report thereon:
WE have read and duly considered the memori
al in cuehion, and are of opinion, that tie
far greater part thereof is no ways applicable" to the
business we have in hand, and that for the following
reasons:
First, The general town-meeting having almofi Una
nimously refoived to eftablifn just and equitable re re
lations as a necessary means for preserving the cyr d
cy from depreciation and ruin, and la.mg eietird a
committee for carrying the fail regulations had otrer
resolutions then agreed on, into execution, it does not
remain with us as a matter of duty to enter on tee con
federation of objections and remonstrances against me
measures then adopted, because such objections and rd
monßrances, if proper to have be n made at all, ought
to have been made at the general town-meeting, and
not to us.
Secondly, We conceive likewise, that the intension
of the general committee in appointing us a fib-com
mittee for enquiring into the' Rate of trade, to have
been with a view to propose means to equalize the re
gulations, if upon enquiry or information we should
find that any one or more articles ,were not proper
tinned to others, or that any particular branch cr
branches of commerce or manufactures were burthened
with improper incenveniencies, and in order to tfed
this we published an advertisement, inviting informa
tion from the importers and retailers of wet and dry
goods, and the several traders and manufacturers in the
city anlliberties, together with an account of their„
several rites and prices in the year 1774, and their
rates and prices at this time, because by a comparison of
these, with the circumstances attending them, we should
be enabled to judge whether any were under or over
rated by the regulations, and propose such alterations
as the case might require.
But the memorial now before qs from the importers
is almost wholly confined to objections and remon-
Arapces against any regulations whatever, aid appear
to us to bi calculated to unhinge every principle of limi
tation, and,confequently to leave tne currency in the
fame road to ruin in which the firft town-meeting
found it on the 25th of May last.
From the reasons above Rated, and considering our
elves either as members of tfe general committee eledd
for the purpose of executing the resolves of the
town-meeting, or as members of the sub-committee ap
• pointed.by the general committee for receiving infor
mation or making enquiries as aforefaid, ve conceive
that the memorial, from its matter and tendency, is
not within the order of the business for which we were
either elected or appointed. Yet that we may not be
thought inattentive to any circumstances by which
the genera! interest may be affected, we beg leave to
offer a few remarks on such parts thereof as appear
mofl to deserve or require it.
The memorial opens with a declaration on the part
of the memorialifts that from the earliest time of the
damp a& they took a decided part in favour of theliber
ties of America, and have invariably continued the f^o
unto the prefect day. Against this we can have no
thing to object, more than that, from the want of years
several of them were not then fufficiently inter fled in
t^e concerns of life to fubfcril e collectively und r the
fame character, and therefore,t' e declaration, howe
ver well intended, seems to convey an idea of durable
importance which' is not altogether the case.
Page the ill, the memorialifis fay, thvt “ the limit
nation of prices is in the principle unjust,” and the
reasons they Agn for t is declaration are, " because,”
fay t! ey, " it invades the laws of property, by com
" pelling a person to accept of less in exchange for his*
“ goods than he could otherwise obtdn^
To this we reply, that the claiming a right,to an un
limited extortion, such as prevailed before the limita
tion took place, and to be tie to enforce that claim,
because that the foreign necessaries .of life are in the
hands of a few, and the use of them wanted by many
who cannot otherwise procure them, nor conveniently
subsist without them, frf a principle far more u>,% and
therefore admitting their 'pofition to be true, (which
ve co not,) and determining between two evils'by a .
Cpmparifon of causes and consequences, we are led to
prefer the least as the wises tchoice.
We likewise think it a far grr 4er inv^fionof proper
ty, that any one man or' set of men should, at their
own unlimited diferetion, distress others to give as much
again for a tiring as it is worth, because such persons
cannot do without or eifwere procure it, than it can
be in the PR mentioned persons to limit such articles
to a just and reasonable profit.
Neither can we fubferibe'to the doOrine, that " the
Fmit alien nf prices is in the friiciple urjnp." We ob
serve, that the.limiting of prices, where extortion
might otherwise be easily praftifed, has been the cuf
tem, not only of our own but of other countries in par
ticular times and cases. The limiting the interest of
money by law, to prevent extortipnous usury, is on
the fame principle. The hunting tavern expence<,
porters and carriers charges, ferriages, and numerous
other .matters, by the former laws of this state, are
founded on the probability, that if no such restraints
were laid on, that the p rfons pradifing those employ
ments would take'an unjust" advantage of the imme
diate necessity of others, and compel them to pay just
what tTy plea fed : yet we never remember the mer-.
chants exclaiming that the principle, thus applied to
their advantage, was unjust.
The state of foreign trade is now in the fame predi
cament who the matters already mentioned. It is in
the nan is of a few. Th r 'e few have it in their power to
exaft waat they please, and to assume a diferetionary
command over the purses of their fellow citizens, and
wecre sorry to have accafion to fay, that both in their
dealings ani in their memorial they have difeovered
teo much of that principle which requires restraint.
In djnes when trade is free and open, the naturl
rivakhip which tikes place between persons in the fame
branches of commerce keeps down the pradife ol extor
tion, a dreaders all other refiraints unueceFary, bet
ca fe each being desirous of an extensive cußurh is
oblige! to seek it by a reasonable state of profits. T.c
prefect times are practically different from those, and
the natural reftrsint by rivahhip no longer exiting,
arid the third of gain continuing, require that some
other roßraint should be substituted in the room of that
which:is loft, The limitation therefore means no more,
arid operates to no other effeff, than would be natural
ly produced by a riyalfhip in trade without any limita
tions. (And in this .view, oft.dngs.it would.be just as
realunable in oh. men bant toexclaim against another
for felling # ra ,'ce, ^"Rc .^ ! < dhim to do tri fame,
<as iti ifr l F =/:u. r rli fl s: :ndcm against tee 11-
mdatify^ihr to Hria: ~-me eifed.
he fur; r ^" ; , t'efccial compact or state
of c vh ccr-'v, by :;. n are united and incor
porated, re. ur r , n. ry rig^t or power claimed
or rxercife iby \'4 -. ••fet of men, should be in
fu ordin tor f •, non go d, and that what
ever is Ac- m; .dr:, mu ft, by fame rule or
regulation, he b r % in fri jekhon thereto.
The mem. ri hrs aim a? unlimited right -of setting
what price they priori on the r commodities, and from
the prefect situ udon of trade t ey have it in their pow
er to enforce' those prices. The right without the
power would produce no il eri ft, as is evide tly seen
in times when trade is free, open and plentiful : but
the present situation of trade has introduced a union
of the rigirt with the power, and therefore it bcanes
dangerous, and requires that 1 ind of refiraint which
•sh 11 make it otherwise.
To illu flrate this we sh ill in fiance the case of a single
person, for if tbe'rifht and power which tae memori
alitis contend for is well founded, it will be as tru in
one person as in a body of men making it a common
cause between them.
Suppose that every article of foreign produce or ma,
rufa&ure in this state was in the hands of a single mer*
chant, has he or has he not a right to exaft what pri
ces he pleases, however extortioners, or to flint up
his warehouses and refuf° filing them till the accu
mulated wants of the community sh !1 distress them
to compliance?
We are free to declare he has.not such a rig : t- and
that not only on account of the ft 1 or dangerous con
sequences attending it, but on the ground he Hands
with regard to the supplies themfelv,e„ for as hecould
not possess himfelf of those articles without firfl deriv
ing 'affiflance from the collected efforts of the communi
ty, it follows as an ass ofduty, th t having firfl 'received
advantage from their service he owes tvemhisin return,
at a price proportioned to what he gae nd, therefore,
whenever the avarice of individuals occafi-ns them to
transgress this line, the principles of pubi.c justice and
common good require it to be limited. In short, we
wish the memcrialifts to fee that it is the extortion
which les been so exteefi e'y praftifed that we wish
to refirain and prevent ; and as there is no way to reach
or check it than by a limitation of prices, therefore
those limitations, operating as a boundary to the extor
tion, become at once bota necessary and just.
As t' is matter is naturally connected with an arti
, ^l^ j^ &Jrv r—^r^f^r! aflAfint'^on oq.. l ;lll—^.i- * ^ —u..„ t ..,.;,j.
rialifls likuwife object, we (hall for the present pass over
the second page in the memorial, to reply to the ob
je£tio,s stated in the third aid fourth pages againfl the
aforefaid article, which article is in the following
words :
“ And we do further engage and promise, that we
" will net order any of our ftiips or vessels, loaded or
" to be loaded with foreign produce or manufactures,
" if any such we now have, or are or th ly hereafter be
''concerted in or pofferied of, into any port cut of
'' this state, there to unload, or permit any command
" er or mailer in. our employ so to do, ' unless he shall
'' by distress of weather or other necessity be compell
“ ed.thereto ; and that we will to the utmost of our
" power use our best endeavours to keep the.fiate sup
" plied with such produce and manufactures, whether
" foreign or domestic, as We in our feverri dealings
" and occupations are or sh dl be concerned in, and
" having done so, will likewise endeavour to supply
“ the wants of any of the United States.”
To this the memorialifts object and fay,--'' That the
'' American merchants,” (m/an% thsm/er-ufs ) " would
" pursue a different line of conduct,” ( /; ^r is, jend
their roefrls ^ o^ber places) " was eaoy foreseen, and
" therefore,” fay they, " an affociatian is proposed,
" by which we are to covenant that we will order our
" vessels to this port and conform to your regulations.
'.'We cannot,” fay they, " but obfervl, that the pro
" pofal of such an association clearly demonstrates the
" impropriety of any limitations, because jt shews a
" conviction that we should have purfued'a different
'' line of conduft, and that these evils have taken place
" which are before hinted at. But the association
"would be more unjust and impolitic than the limita
'' tion it fell. For firft, as it is confeffedly the cub;
" measure which can support the other, it is charge
" able with the fike injustice: Secondly, it would di
" red our enemies where to cruise, in order to inter
" cept supplies ; and thirdly, it would oblige us to
" continue a trade which we can demonflrate to be ru
'' inous.”
To this we reply, sirs, in general terms, that we
can fee no inju Rice in requiring from them a ferric 1
which it would betheir duty to per orm if no such as
surance was required ; and that for the following rea
sons:
On our return to this city, aft"r it was evacuated
by the enemy, there was not a vessel, scarcely a boa<,
to be seen in the river: It was therefore impossible
that those who then profeffed themfelues merchants; or
have since denominated tbemfejves by that character,
could exercise their profeffions without the accumulat
ed assistance of'the several trades and manufacturers
concerned in the art of building and fitting out vessels
for sea. Ship carpenters, joiners, blacksmiths, gun
smiths, rope makers, block makers, tanners, curriers,
p rinters, apd labourers of numerous kinds, contribut
ed their federal portions of furvice to this purpose.
When tiie vessel was on float and capable of failing
another set of men were employed to vidual her, and
a tirird to man her; and without me previous assist
ance of all these, them erchant'.would have been only
an unft'rviceable name applied to an occupation extinct
and useless. ', .',
We conceive that those men and dll others concern
ed -had fumething more in view than,heir meer wages
when employed in the cooftruding and fitting out ves
sels for mercantile purposes, and tint they naturally
considered themfel /es as fur'n 'fhing fifth vessels, not'
so much for the particular emolument of the merchant
who employed them; as for the more beneficial pur
poses of supplying themselves and fellow citizens with
foreign necessaries ; and therefore we hold, that though
by the acceptance of wages they have not, and cannot
have any claim in the property of the vessel, after (he
is built and paid for, we nevertheless hold, that they
and the state in general have -.right in the fer^ice of
the vessel, because it confiitute^ a considerable part
of the advantage they hoped to derive from, their la
' hours.'
That trie potert, of the vessel is the immediate right
of the owner, and the lervice of it the right of the com
munity collectively wish the owner, is so naturally de^
duced from the purposes for which all mercantile ves
sels are built, that we undertake to declare as our opi
nion, that the proposed article in the ahociation,
whereby the service of such vessels is so claimed and
fipulated for, is founded on a matter ofrightinfthe com
munity, and therefore is not and cannot be unjust.
To illustrate this point by a arther ar[ ument, and
to flie-v t, at an exclusive right to the fer vice of vessels
is not veiled in trie owner, we will suppose a case that
will clearly prove them to be difiind and feparrie,
which is,
That if the owner has a right to employ his vessels
without any regard to the interest or convenience of the
'community he resides among, he has a right not to em
ploy. them for any purpose whatever, or to burn or
otuerwife deftr< y them, and consequently the mer
chants claim a collective rigut of suspending the corn
merce of.a country whenever they please, which ne
ver can be admitted- b cause, in this case, the cLffiu of
aew individuals is opposed to,the' good of the commu
munity : to which as we have be ore obfer ed, all se
parate claims must be subordinate. Thus much for
the general principles on which the aforefaid article in
the proposed affoci tion is founded. We now proceed
to take notice of the particular objections fiated against
it inthe memorial:
The memorialifts fay, that as the aforementioned ar
ticle in the association is " confeffedly the only measure,
" that can support the limitation of prices, it is charge
" able with the like injustice :”
In replying to this position we would firft observe,
that the reasoning in it is defective, because the sup
posed injustice in the article is placed on its being the
"on/," measure that can support the limit tions, which
mode of reasoning appears to us to be neither truth
nor argument; because it will from thence follow,
that aco measure which can be applied or thought of
for that purpose must of course be chargeable with
ini^pce an assertion we likewise deny, unless it can
proved flrap tim-b^irtflunCTrf of ejetortivn is an aft of
criminality.
We would further observe, that the memorial! sis,
by allowing the aforefaid article in the association to'
be the "0^" measure that can support the regula
tions, confefs thereby that the regulations are sup
• portable, and th ri the Committee have luckily or
wifely hit on the very thi g which will give it that
support ; wl ich.corfeffon we cannot but confider as
a very powerful reason why the service of the veriels
here conftruded or fitted out should be applied to the
purpose expressed in the association. And we have
yet further to observe, that they have likewise furnish
ed us with additional reasons for requiring from them
this pirt of a citizen's duty, 'becaufe they have in
several parts of their memorial thrown out hints that
the hope of a little more gain in any other place will in
duce the importers to defect the convenience of the
community trey reside among by carrying their ves
sels and cargoes eifewhere.
In reply to their fecand objection, we do not con
ceive that the dir- ding their veff Is to this port will
be any further inducement to the enemy than the di
recting them to other ports; because the time of their
reurn being always uncertain the enemy can have no
more hope in one placerihan another, and their com
ing in will in any case be fafer than their going out.
Beside-which, the prefect condition of t. e'enemy at
sea and t. e superiority of the combined fie i ts of France,
Spain and America, will render it impoffble for the
'enemy to keep stationary vessels in the manner they
formerly did, and as mpft of our armed vessels are su
perior to the little half manned privateers of New-
York, we do not look on this objection as having Ef
ficient weight, and the less so, as the aforefaid article
in the association admits their putting into other ports
under circumstances of distress or danger.
To their third objection; namely, that "it is oblig
" ing them to continue a commerce which they can de
" monfirate to be ruinous,” we have only reply, that'
whenever they please to quit it by disposing of their
vessels they will find persons enough to succeed them
who will not flart the fame objections, and as we have
yet.heard of no importer becoming a bankrupt, we
think the fad fom what contradias the assertion.
As an apendage to their objections against the afore
faid article in the association, the memorialists, in page
4, fay, “ that trie measure of preventing exports from
“ this Rate to the neighbouring hates will be found
" pernicious to her in the fame manner that A! felffh
" plans of policy have ever beeu.” to this we answer,
that we know of no article in the propose I association
teat admits of such an explanation or jufifes such
an assertion. Trie only enjoin that parlous rdie-ri in
this Rate and fitting out vessels from he 1 ce, zh.ilin
port their returns into it, and we recommeadthe fame
measure to every Rate in the union wiTe the war