Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1777-02-25 00:00:00, page 2

FHTLA D E LPH I A. [
f r ACT declaring ^hat shall be treason, and <wbat others
crimes and practices agri rtf the State jball be miftrijion DJ
treason. r h
WHEREAS it is absolutely necessary for
fafety of every State to prevent, as much as pot
fibie, all treasonable and dangerous practices that maybe
carried on by the internal enemies thereof; and to pro
vide punishments in some degree adequate thereto, in or
der to deter all persons from the perpetration oi such
horrid and dangerous crimes: Therefore, , r
Be it ennbied, and it hereby enacted, by the Represen
tatives of the F eemen of the Common-Wealth of P<nn
fylvania, in General Assembly met, and by the authori
ty of the fame, That all and every person and pe/fons
(except prisoners of war) now inhabiting, residing or
sojourning within the limits of the State of Pennsylvania,
or that shall voluntarily come into the fame hereafter to
inhabit, reside or sojourn, do owe, and (hall pay allegi
ance to the State of Pennsylvania.
Aad be it further enabled by the authority aforefaid, That
if any person or persons belonging to, or residing within
this State, and under the prote&on of its laws, shall
take a commission or commissions from the King of
Gre^t-Britain, or any under his authority, or other tne
enemies of this State, or the United States of America ;
or who (had levy war against the State, or government,
thereof; o r , knowingly and willingly, (hall aid, or aflift,
any enemies at open war against this State, or the United
States of America, by joining their armies, or by enlist
ing, or procuring or persuading others to enlist for that
purpose ; or by furniihing such enemies with arms or
ammunition, provision or any other article or articles,
for their aid or comfort; or by carrying on a traiterous
correspondence with them ;or (had form, or bem any
wife concerned in forming, any combination, plot or
conspiracy for betraying this State, or the United States
of America into the hands, or power, of any foreign
enemy; or shall give, or fend, any intelligence to the
enmies of this State for th*t purpose; every person so
offending, and being thereof legally convi&ed, by the
evidence of two fufficient witnesses, in any Court of Oyer
and Terminer, shall be adjudged guilty of high treason
and (hall fuffer death, and his or her estate full be, and
is hereby deci .red to be forfeited to the Common Wealth,
except such parts thereof at the Judges of the Court
wherein such conviction may be, shall order and appro
priate to the support of such traitor's children, or wife
and children (if any) as to them may appear fufficient,
until the fame (hull be otherwise regulated by aft of Ge
neral A flembly.
And be it further enabled by the authority aforesaid, That
if any person or persons within this&ate, shall attempt to
convey .intelligence to the enemies of this State, or of
the United Sates of America, or by publicly and deli
berate)y Speaking or writing agairft our public defence;
or shall malicibufly and advisedly endeavour to excite
the people to resist the government of this Common
wealth, or persuade them to return to a dependance
upon the Crown of Great Britain; or shall maliciously
and advifedfo terrify, or difeourage, the people from en
listing into the feevice or the Common-Wealth ; or shall,
fir up, excite or raifetumul% disorders or infurr^tons
in th State, or dipole them to favour the enemy; or
repute, and endeavour to prevent, the meaftires carry
ing on in support of the freedom and indepenlance of
tha said United States; every such person or persons,
being thereof legacy convicted, by the evidence of two
prince creditable witnesses, in any Court of General
Quarter Sessions, (hail be adjudged guilty of mifpriffon
or treason ; and fhII fuffci imprisonment during; the
present war, and forfeit to the Common-Wealth one
half of his or her lands, tenements, goods and chattels,
And be it farther effaced by the authority aforefaid, That
^1 offences by this a& declared misprision of treason shall
be Cognizable before any Justice of the Peace of the city
or county where the off nee was committed, or where the
offender can he found ; and every Justice of the Peace
within th^ State, on complaint to him made on the
oath, or iftirmatirm, o f one or more credible person or
,°cfovs, sh di cause such offender to come before him and
enter into a recognizance with ore or more fufficient
fitrety or sureties, to be, and appear, at the n^xt Court
of General Quarter Sessions for the laid city or county,
and abide -t^ judgment of the Court ; and in the mean
time to be of the peace and good behaviour toward all
people tn rhe State „ and for want of such surety the said
Jufo.ce shall commit fetch offender to the common gaol
of the said city or county. And all perlons charged on
oath, or affirmation, with any crime or crimes b this
aft declared to be treason against the State; shall he dea t
with, and proceeded against, as in other capital crimes
are y 'aw direaet JOHN JACOBS, Speaker.
Paged in General Assembly, on
Tuefe/ay, .February st, ^777~
An A C r a^ortf^ the Colteßors of the Excise due and
to become due evffritunus liquors to collebl the jame, and
droffing Che mode ofobtaining tavern and other licences ;
andfer other fearfofc therein mentioned.
WIFE REAS, by the ceasing of the powers of
g,^r amert in ,e province of Pennsylvania, the
fcvCTa.l and cefy^ive Collectors of Excise imposed on
^ iri^om bqucr% it, the laws late of the said province,
ecnid not cotka tae fame as by the said laws they are
dirked and required, although the feme was and (till is
abfrioteh needier, for the purposes of defraying the ex
p-ncec of government, and finking the bills of credit
emitted by refokes of the Ute Assembly for the public
deface; nd although it is evident that dealers in liquors
have received greater profits on fitch 1 quota than was
cuftcra u, th^rtofae, or than is just and reasonable, to
th? encrc&gt'^ir &wn estates and the injury of many
of the good people of the State. And as it is altojuft and
rc&fmable that *n partons who make great profits and
advantage by the public fficuld cent ibute to the public
erpeftce accordingth Be it therefore enabled by the Re
pre<^ativ3 of the Freemen of fte Common- Wealth of
Fc^ofy^^ri^ in General Assembly met, and by the au
t^cr'ty of ft fame. That the Coll,&or of Excise on
fpiritua^ liquate in each county in this State, who was
3ppe med @ that office by the hft Ass mbly of the said
province, fluff he, and continue, Colle&or of the Excise,
on t^r^our Censors in the county for which he was so
appointed, if luring, &ntil another shall be appointed in
IMS uead : Aud the laid C4&ta% a&d every of them
1 1
and such others ^may be hereafter appointed sass have,
u(e and exercise all the powersand authority whicli^Ql
le&ors of the Excite might, could or ought to have had,
used and exercised under, or by virtue of the said laws,
and shall in all things refye&ing the duties of the said of
fice, be governed bythe laws aforefaid. And all perlons
whomfcever that, by the laws aforefaid, ought to have
paid excite if the force and eife& of the said laws had not
ceased, shall be, and areUereOy declared to be within the
meaning and intention of this alii, and shall pay the duty,
or excise, on ah liquors they and each of them have pur
chased and not paid excise for according to the said laws,
as far as'can be known and di(covered : And all retailers
of fpirittrousliquors, and every other person coming un
der, or within the notice of the, said laws, are hereby de
clared to be, and to have been fubje& to all tire duties
of excise, fines and so feitures, pains and penalties by the'
said laws inflicted, or circled to be colle&.d, paid,
taken and received, as fully and amply as the fame
could, or might /are been done at any time before the
fourteenth day of May last.
AND WHEREAS it is represented to this House,
that divers tavern keepers, pubiic-houle-kteepers, beer
houfe-keepers, and keepers of drun-fnops Lave not taken
out licenses, or paid licence fees as the laws of the lad
province directed >nd required, although they have con
tinued their refpe&ive butineffes as before, and received
as great profits and emoluments therefrom as thole whe
have t^k^n and prid tor such licenses. Now, in order
that equal justice may "be done to all, and the licence fees
applied to the use of the State according to the true in
tent and meaning of the conftituticn thereof, Be it enabl
ed by the authority aforefaid, That where any perlon had
kept a tavern, inn, public house of entertainment, ale
house, beer-hobfe or dram ffiop, by the Governors 11-
ce^ce, in the year 1775, and did not take out a licence
for the year 1776, although they continued to keep such
tavern, inn, public house, ale-house or dram shop ; eve
ry such pe< son is hereby declared indebted to this State a
fam of money equal to the sum he, or (he, had lalt paid,
0: ought to have paid, for lu^h licenca, agreeable to the
laws aforefaid: And every petion who has (without li
cence) set up and kpt a tavern, public-houle of enter
tainment, inn, ale-house, bear house or dr m (hop, and
continued the fame for the space of three months in the
year 1776, or in the years 1776 and ^777, is hereby de
clared to be indebted to this State a sum of money equal
to the fees, or 'um of money dire&ed by the laws afcre
faid to be p id for a licence for keeping tuch house, or
tavern, or dram-shop, which shall he recovered by the
Colh&or of the Excise for the refpe&ive counties in the
fame manner as fines and forfeitures are dire&ed to be
recovered by the laws aforefaid : And when recovered
Ihall be considered as lines or forfeitures, and paid into
the Treasury with the other fines and excise monies; ard
the Collectors shall have the fame allowance, or pay, for
coif siting, as by the said laws he ought to have fo< col
kaing fines and forfeitures.
And be it further enabled by the authority aforefaid, That
no person or persons whatsoever within this Stae, shall
set up, or keep a tavern, inn, public house cf ntertain
ment, a'e-houfe, betr-houfe or dr^m (hop, unkls such
person, or persons, be fi ft recommended by the Joftices
in the refpe&ive County Courts of Quarter Sessions for
the laid county, to the President and Conned of this
State for the time being, for a licence for 10 doiri, who
shall (on such person having given bond, and paid to the
Chrk of such Court, reftw&vely, the whole of the fees
as dire&ed by the laws aforefaid to be paid for such li
cence) grant th fame, and the Secretary of the Council
of this State ffiall have for making out each licence the
sum of Six Shillings. And if any person or persons shall
keep any tavern, inn, public house of entertainment,
ale-house, beer-house or dram-shop, by virtue of a li<-
cence from the President aforefaid, he, the or they shall
be in all things fubje& to the rules, regulations and re
ffri&hens of the. said laws in such cases made and pro
vided where the licence was to be granted by the Gover
nors of Pennf/vania. And if -any perlon or persons shall
keep any tavern, public house of entertainment, inn,
ale-house, beer-hbufe or dram-shop, without firft obtain
ing a Licence for each refpeftive year, all and every tuch
person and persons shall, for every such offence, be dealt
with as the said laws in such case dire&.
And be it further enabled by the authority aforefaid, That
the Clerk of the Court of each refpe&ivt county sh 11 pay
all such monies as he shall so receive (his own lawful fees
only excepted) into the State Treasury forthwith after
the term at which such recommendations were granted,
and tranfint an account of the number of such licences
and the sum of money so received and paid into the hands
of the Treasurer, to the Committee appointed by the
Assembly to fettle the public accounts for the time being,
which monies shall be subj & to the draughts and orders
or the House of Assembly.
And be it further enabled by the authority aforefaid; That
the President, and in his absence the Vice - Prefijent of
this State, (hall grant licences in all cases where the Go
vernors of Pennsylvania have heretofore granted licences,
and the fees sh ril be the fame as have heretofore usually
been in like cases, and shall be paid into the hands of the
State Secretary (except in the case aforefaid) —And the
said Secretary shall make fair entries of all such monies
he ffiall so receive, and shall once in three months, or
oftner, pay the fame into the hands of the Treasurer
aforefaid, for the use of the State, retaining in his hands
the sum of Five Shillings for his trouble in making out
each of the said licences, and affixing the seal to the fame,
and shall transmit an account thereof, on oath or affirm
a ion, to the Committee of Accounts for the time being,
appointed by the General Assembly to fettle the public
accounts.
And be it further enabled by the authority aforefaid; That
all pedlars, hawkers and petty chapmen ffiall be, ard
are hereby declared to be within the meaning and inten
tion of this a&. JOHN JACOBS, Speaker.
Paffedin General Assembly, on
Tuesday, February 18, 1777.
An ACT to difeourage DEse RTTON, and to punig allfab
persons asfogU berhour or conceal Deserters.
WHEREAS many soldiers, being duly inlifted or
employed in the service of the United States of
America, and others in the service of this State, desert
and absent themfekes illegally from their refpe&ive du
ties, to the great prejudice of the service and the ill ex
:tuple of others: Tn order, ttereCre, that an rvil frdar
serous in its cons? queries maybe properly dif< ourafeti,
and {if possible) finally prevented, and the encoursgtrs
and abettors thereof duly pun shed; Be it enabled by ?!^
R prelentatives of the Freetnen of the Common-Wealth
of Pennsylvania in General Assembly met, and bv rue 2^.
thorityot the f me, That ;t (hal'and may te law ulto ar.d
for the Constable of the townfuip, va d, or borougl ,
where any person who ffiall be fotpe&ed to be a be erter
shall be found, who is hereby authorifod and required to
apprehend, or cause him to be apprehended and,l rought
before any Justice of the Peace of this Stale living in or
n°ar such pl ce, who is hereby authorifed ard required
t> examine such fuipefted person, and if, by his confef
fion or the testimony of one or more wirnefs or witnesses,
Upon oath or affirmation, or by the knowledge of such
Justice of the Peace, it shall appear that such' Jufre&cd
person is an inlifted foMier, and ought to be with the
troop or company to whfch he belongs, such Justice of
the Peace shall forthwith cause him to be Conveyed to the
goal of the county where he shall be found § and the Sire
riff of the county shall forthwith transmit an account
thereof to the Colonel or Commanding Officer of the b t
talion to which said deserter shall belong, or otthe near
est battalion ; to the end that such person may be pro
ceeded against according to the martial law of the United
States. And the keeper of such goal or house of correc
tion shall receive the full fubfiffence of Inch deserter or
deserters, but shall not be entitled to any fee or reward
Ch account of the im,rifdnment of fitch deserter or de
serters; any law, usage or custom to the contrary not
withstanding. And for the better encouragenrent of ; ve
ry Constable to secure or apprehend luch deserters as
aforefaid, Be it further enabled by the authority aforefaid.
That the officer to whom said defer.er shall be 0 livers!
ffiall pay into the hands of the Goaler or Sheriff ^here
filch deserter shall be apprehended and detained, over and
beside the reward ordered to be paid by Congress for each
deserter he shall so deliver, the sum of Three Dollars,
for the use of the Cbrftable or Constables who hath or
have apprehended s he said deserter or deserters.
And be it further enabled by the authority aj orefaid. That
if any person shall harbour or enieit.in, for the space of
fix hours by day, or twelve hours by night, any deserter
or deleters, knowing him or them to be inch, v ithour
app ehending him or them, or giving notice tlereof to
the next Justice of th: Peace, or ter some Constable ; eve
ry such peifori so <ft riding shall forfeit ard pay fer ev^ry
such offence the sum of Five Poun is: Or if any perlon,
shall knowingly detain, buy or ex' hange, rr otherwise
receive, any arm's, caps, cioaths, or other faniture or
accoutrements, belonging to the United States of Ame
rica, or either of them, from any soldier or deserter, up
on any account or pret nee whadoever, or cattle the color
of fvch cloaths to beehonged ^ the person or persons tor
offending, on being thereof legally ccr,vided, shall for
feit and pay, over and above the value thereof, theTu/n
0. Five Pounds, one moiety thereof, and of thelaft men
tioned fine, to the Overseers cl the Poor of the townlhips
for the use of the poor thereof, and the other it oiety to
the informer. And in case arty such offender, who fbaft
be convi&ed as aforefaid, of harbouring or affixing any
such deserter or deleters, or having knowingly received
+ any arms, cloaths, cap,, or other furniture belonging to
the said United Staus, or either of them, or of having
,caused the color ol such cloaths to be changed, contrary
to the intent of this a&, and shall not have fufficient goo&9
or chattels whereon distress may be made to the value of
the penalties and forfeitures incurred by him, her, or
them, for such offence, or give fufficient foreties for 'the
payment of such penalties within fixiy days after such con—
vidtion; then and in such case any two Justices of the
Peace shall and may, by warrant under their hands asd
seals, either commit such offender to the common goal,
there to remain without bail or mainprize, for the space
of fix weeks, or cause such offender to fe publickly whip
ped on his cr her back, with any number of" laftes
not exceeding twenty-one. Provided afavQ, That no
comimffioned c ffi< er or any other person shall break opera
any house to fea^ch for deserters without a warrant from
a Joftic. of the Peace , and every Gommiffioned officer or
any other person who shall, without warrant from one or
more Justice or Jutices cf the Peace o' this State, (which
said wai rant the said Justice cr Justices are hereby impew
ered to grant) forcibly enter into, or break open, the
dwelling house or out house of any person whatsoever,
under pretence of searching for deserters, shall, upcre
due proof thereof, forfeit and pay the sum of Thuty
Pounds to the owner of such house, and make good aft
damages he, she, or they may sustain by such breaking.
And be it further enabled by the authority aforefaid, Tl at
the Conftai les of each ward in the cit) or Philadelphia,
the diftrift of .Southwark, and of every town Ship in this
State refpt&ively, are hereby enjoined and required, unde,
the penalty of Twenty Shillings for every nrgle&, to t ,o
as often as the case may require to every place cr
house in his township, or the adjacent to ^'n(lups, th^t
he shall fufpe& or be informed of, and apprehend eve 7
fufpeded perfor, and take him or them before the nexl
Justice, and if on examination it ffiall appear probable
thatbeorthey is or are a deserter or defer .ers, such Justice
shall commit him nr them to the County goal, until it ffiall
be known whether he or they be a delerteror deerfers, or
not. And if any able bodied man shall travel, or ceme
into any part of this State, without a pass from fomeJu f.
tice of the county, or some other Justice of the Peace,
from whence he raav have come; or, if a soldier, from
his Commanding Officer; every such person so travelling
or coming into the State as aforefaid, shall be deemed
and taken to be a deserter, and within the meaning of
this a&, except the contrary be made appear. And every
Constable is hereby authorifed, if need be, to call to his
aid fufficient affiance (men of the neighbourhood) to
apprehend any deserter or deserters; and if any person
or persons, so called or commanded to assist the Constable
shall disobey or refufe such assistance, on complaint thereof
made to the next Justice, every person so refuting ffiall, if
convi&ed, forfeit and pay to the said Judice the sum of
Twenty Shillings ; one moiety to the use of the poor of
thetownlhip where such refufal shall be, and the other fcr
the,ufe of such Constable; to be recovered as debts un
der Forty Shillings.
And in order to encourage the apprehending deserters
every person not 2 Corftable, who shall apprehend an;
deserter and deliver him to some Constable, ffiall be en
titled to receive for every such deserter the sum cf Twenty