Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-06-06 00:00:00, page 4

And “ the commissioners, shall take care, that the
“ several parts of the kingdom shall, from time to
“ time, be fufficiently furnifhed with vellum,
6$ parchment and paper, Ramped and marked as
c is directed, to the end, that the fubje^s, &c.
'' MAY HAVE IT IN THLIR ELECTION, either to
“ buy the fame of the officers and persons to be
« employed, &c. at the usual and most common
" rates above the said duties, or to bring their own
" vellum, parchment, er paper to be damped or
" marked as aforefaid."^
Was the Stamp-Adi for America like those sta
tutes? Judge. By this it is enafted 'that the High
'• Treasurer, or any three or more of the commif
“ hone's of the trealury shall once in every year
" set the prices, at which all forts of damped
" vellum, parchment, and paper shall be f01d,&.c."
The damps were kept in England. Ship loads
of" all fairs of damped vellum, parchment, and
“ paper" were feot over to us. Wehad no choice
cither to take these or to carry other vellum,
parchment,cr paper to be damped. We mud not
only Have paid the certain duties imposed, but the
uncertain " prices," which the commissioners
should plcafe to " set" for the value of their “ vel
lum, parchment and paper ;" and “ penalties and
forfeitures" fell upon us, every dep we took, with-
tions founded on rigid forfeitures and arbi.rary
penalties —was to be referred to the inc irrupt
tribunals of finglejudges—appointed from another
country —filled with its prejudices—holding their
commissions during pleasure—totally independant
on you—claiming fees and salaries to be paid out
of your money condemned by themfelves.§
Only observing for the present, that it is the mofl
trarfcendent privilege which any fubjeri can enjoy,
or wfb for, that he cannot be affected either in his
property, his liberty, or his person, but by the con
font of twelve of bis neighbours and equals, ri con
stitution, that I may venture to affirm has, under
Providence, secured the jufl liberties of this nation
for a long fucceffon of ages, rind therefore a cele
brated French writer, (a) who concludes, that be
cause, Rome, Sparta, and Carthage have left their
liberties, therefore those of England in time mus pe
rifo, Jbould have recollected that Rome, Sparta, and
Carthage, at the" time when their liberties were lofi,
were frangers to the trial by Jury.
" Great as this euEgium may seem, it is no more
than this admirable confitution, when traced to its
principles, will be found in sober reason to deserve.
The impartial adminifration of justice, which se
cures both our persons and our properties, is the great
end of civil society. But if that be intirely intruded
to the Magistracy, a fieri body of men, and those
generally feleßed by the Prince, orfueb as enjoy the
bigheft offices in thefate, their decifiom,in flight of
their own natural integrity, will have frequently an
involuntary bias towards those of their own rank and
dignity : It is not to be expelledfrom human nature,
that the few foould be always attentive to the
interests and good of the many. On the other
hand, if the power of judicature were to be placed
at random in the hands of the multitude, their
decifons would be wild and capricious, and a
new rule of ariion would be every day cfabli%d
in our courts. It is wifely therefore ordered, that
the principles and axioms of law, which are ge
neral proportions, flowing from abfraried reason,
and not accommodated to times or to men, should be
deposited in the breads of thejudges, to be pccafonally
applied tofueb falls as come properly ascertained before
Vice Admiralty, appointed or to be appointed,
and having jurifdi&ion in the refpedive colony
where the offence should be committed, &c."
This was no regulation of trade. The faffs to
be tried in any dispute, mud have arifeo on land
—within the body of a county —as remote from
admiralty jurisdiction on every constitutional prin
ciple, as a suit on a bond, or an ejedment for a
freehold. Yet thur,bya few hnes was the inesti
mable priviledge of trial by jury, to be torn from
vou and your posterity. 'Jbus the decision of the
lights of property, not in controversies between
man and man, on the question of “ meum eel
duum," where though wrung by oppreflion, the
wretched loser might draw a degree of conso
lation by reflecting that he had received some con
sideration for the fubhance taken away, or at least
that a country man gained his spoils—but in ligita-
X sth and 6th Wit. and Mar. ch. 21. 30th G. id.
ch. 19. and other fiatutes.
§ 66 When the Jury have delivered in their verdiH,
and it is recorded in court, they are then difeharged.
And jo ends the trial by Jury : A trial, which be-
Edes the, other vast advantages which we have ccca,
fionaliy observed in its progress, is also as expeditious
and cheap, as it is convenient, equitable and certain;
for a coinmiffion out of Chancery, or the Civil Law
Courts, for examining witnesses in one cause will
frequently last as long, and of course be full as cx
penfive, as the trial of a hundred issues at nifi prius;
and yet the fall cannot be determined by such com
mifoners at all; no, not till the depositions are pub
lifted and read at the hearing cf the cause in court.
" Upon these accounts the tria by Jury ever has
been, and I trufi ever will be, looked upon as the
glory of the Englijh Law. rind, if it has so great
an advantage over others in regulating civil proper
ty how much mufi that advantage be heightened,
when it is app led to criminal cases,. 1 But this we
must refer to the ensuing book of these commentaries :
Only to be taxed by the parliament, but over
again for the fame articles and by the fame com-
out paying thefeimpoftions. I his surely was not
iniffioners.
PHILADELPHIA:
Subferiptions at Ten
Here fame men, wnofe minds are drongly im
pressed with ideas of equity, may ask, ifit is pof
fibh that even a British parliament should so wan
tonly degrade us. It is as true, as that the port
of Boflon is this day shut up.
The " forfeitures and penalties thereby impos
ed were to be sued for and recovered in any. Court
of record, or in any Court of Admiralty OR
(?) Montefq. Sp. L. xi. 6.
them. For here partiality can have litte scope : The
law is well known, and is the fame for all ranks and
degrees; it follows as a regular conclufon from the
premises of fad pre-eftablifoed. But in fettling and
adjlifting a question of fad, when intruded to any Jin
gle magifl rale, partiality and injustice have an ample
field to range in; cither by boldly asserting that to be
proved which is not so, or more artfully by fupprejing
some circumflances, flretching and warping others,
and difingu firing away the remainder. Here there
fore a competent number of fenJible and upright jury
men, chosen by lot from among those of the middle
rank, will be found the best investigators of truth,
and the surest guardians of public justice. For the
mos powerful individual in the fate will be cautious
of committing any flagrant invaJion of another's right,
when he knows that the fad of his opprejion mus be
examined and decided by twelve indifferent men ; and
that when once the Jal is ascertained, the law mus of
course redress it. This therefore preserves in the
hands of the people that foare which they ought to
have in the a iminifration of public justice, and pre
vents the encroachment of the more powerful and
wealthy citizens. Every new tribunal creeled for
the decifon of fads, without the intervention of ajury
^whether composed of jafiices of the peace, commifion
ers of the revenue, judges of a court of confidence, or
any other funding magiflrates) is a flep towards es
tablishing Ariflocracy, the mos op,revive of absolute
governments. The fiodal fyfem, which, for the
fake of military fabordinati m, purfeed an a dfocra
tical plan in all its arrangements of property, bad
been intolerable in times of peacy bad it not been
wifely counter,oifed by that priviledge Jo uni verfalls
dissed through evry part of it, the trial by the
feudal peers. Aid in every country on the continent
as the trial by the peers has been gradually disused, fe
the nobles have incrcafd inpraer, till the flat has
been torn to pieces by rivalfusions, and Oligarch,
in effect has been cJlabFJbed, though under the fba
dow of regsl government ; uilefs where the m lera
b!e commons have taken feeder under offlute mo
narchy, as the lighter evilo, the two. ri id particular
ly, it is a ciicumfance well worthy cm Englifeman s
observation, that in Sweden, the trial by jury, that
bulwark of Northern liberty, which continued in its
full vigour so lately as the middle of lad century (b) is
now fallen info djufe ; (c) and that there, though the
regal power is in no country so clojely limited, yet the
liberties of the commons arc extingu fed, and the go
vernment is degenerated into a mere ariflocracy. (d)
It is therefore, upon the whole, a duty which everfman
owes to bis country, bis friends, bis pferity and bim
fef, to maintain to the u:mofl of Lis power this va
luable conkhtution in all its rights ; to restore it to its
antient dignity, if at all impaired by the different
value of property, or o'berwife deviated fi cm itsfirft
institution ; to amend i, wherever it is d fcaroe,
and above all, to guard with the mos jealous cir
cumjpeaion against she introduction of new end ar
bitrary methods of trial, which, uedr a variety of
plaufikle pretences, ms, in time imperceptibly under
mine this best prefer vative of Englijo liberty."
Blackstone's Coro. 3d. vol. p. 378 —3!;.
(b) Whitelocke of Parl. 427.
(c) Mod. Un. Lift, xxxiii. 22.
(d) Ibid, 17.
Printed by JOHN DUNLAP,
Shillings per Annum, Advertisements,
If this be “ wisdom" it is hot of that kind, the
" ways whereof are pas finding out."
The aft, thus revoked by you, received soon af
ter a formal repeal in parliament. This was done
by the 6th of George the third, chapter the 1 ith.
Because it was unconstitutional, as we were not and
could not be represented there? No. Because it
deprived " three millions" of loyal fubjeds oftheir
darling priviledge of trial by jury, " the beftpre
fervative of English liberty:" No. Because " the
continuance of the laid aft would be attended with
many iaconveniencies, and might be productive of
consequences greatly detrimental to the commer
cial interests of" Great-Britain.
|| " Upon the whole, I will be^ leave to tell the
Houses what is really my opinion; it is, that the Stamp-
Ad be repealed absolutely, tota'ly, and immediately ;
that the reason f,r the repeal be affined, becaule it
was founded on an erroneous Principle."
Cool, guarded expressions ! breathing the true
spirit of the modern philosophy, so prevailing
among the higher ranks in that polished kingdom.
How much care to avoid inconveniences and detri
ment to their own commercial interests ! How so
vereign a contempt for all the agonies that bowed
us down to the earth, while indignation, shame,
grief, affection, veneration, and gratitude combated
within our breasts ! 1 hey were advised to speak
peace to our fouls, by nobly aligning an " errone
ous principle," for the repeal.ilNo. The freedom
of America is the Carthage of Great-Britain —de
lenda est. Let us repeal the aft, but never re
sign the principle on which it was founded.
One generous t\ep however they did take, becom
ing Britons. It demands our acknowledgements:
Nor should we withold them. Why will they not
buffer us to thank them for other favours ?
The repealing aftfpoke an indecisive language,
fubjeCl to comments, that might differ on different
fidcs of the Atlantic. We might have been too
much agitated between hopes and apprehensions.
It would have been unkind to leave us in such a state
of anxiety. It would have been unworthy of a free
people, who were determined to subjugate another
free people. Parmenios may steal victories. Alex
ander scorns it.
Therefore the fame day, I think, in which they
repealed the Stamp-ACt, in the next chapter how
ever, they candidly explained to us their senti
ments and resolutions beyond poflibility of a mis
take, by the “ aft for the better securing the de
pendency of his Majesty's dominions in America
upon the Crown and Parliament of Great-Britain."
" Lift up thine eyes round about, and behold :
“ all these gather themselves together, and come
“ to thee : Thou shall surely clothe thee
“ with them all, as with an ornament, and bind
" them on thee, as a bride doth." Isaiah chap. 49.
Mr. Fitz's Speech.
cn Thursday, the 9th of June inst. at the London
Coffee-houfe, at fix o’clock in the evening,
THE dwelling-house, lot, wharf, and range
of ware-houses lately occupied by Thomas
Murgatroyd, in Water-street, the third door
from Tun Alley, towards Chefnut -street: The house
hath a large front of 24 and a half feet on Water
ftreet, including a convenient alley from the street
to the wharf along the front of the stores, which
are large and commodious for storing all kinds of
goods. The premises are fubiea to a ground-rent
of 71. per ann. The situation is equal to most in
the city for mercantile business, and commands a
pleasant view of the river. One third of the money
will be expected immediately, and for the remain
der the purchaser may be accommodated with time,
on giving approved security and paying interest
from the day of sale.
Also a valuable unimproved lot on the south fide
of Walnut-street, betwixt the old Roman Chapel
and Major Gordon's lot, containing 24 and three
quarters feet front, and 220 feet back. This lot is
equal in situation to any in Walnut-street. Indis
putable titles will be inade.
Apr:! 28, 1774.
TO B E S O L D,
By the Subferibers, to the highest bidder, on
Monday the eleventh of July next,
SUN DR Y valuable \V ATER LOTS,
adjoining to George-Town, on Potowmack Ri
ver, Maryland; well situated for wharffing.
CHARLES BEATTY,
WILLIAM DEA IC I NS, Jun.
For CORK and BELFAST,
The SHIP
PROSPERITY,
<^H WILLIAM M'CULLOCH,
Master;
U AVING the greatest part of
>'^" " " er c "f>° read y to go on
boaid, will foil with all conve
nient speed. For freight or
parage apply to James Stuart, in Front-lhert,
near the Drawbridge, or laid matter on board.
N. B. Arrived in laid ship from Belfaft, and the
brig Neptune from Glasgow, a few healthy men and
women SERVANTS, whole times are to be
disposed of by James Stuart, who has likewise
far lale, Irith Beef, Fork, and a few barrels of
Scotch Herrings.
TEN SHILLINGS REWARD.
STRAYED AWAY, on the firft inttant,
(May) from the fubicriber, a fmr.ll black
C O W, with crooked horns and feme white spots,
and a (hr in her forehead. Whoever takes up the
Lid cow, and blings her to the fubfenber, (hall
have the above reward.
ELIJAH WEED.
FINE BOTTLED ALE,
In any quantity from a bottle to a groce, fit foi pre
sent use, to be 101 l by
DAVI D J o'N Es,
Tavern keeper, in Walnut street near Third-street.
AN Y families, Captains of veliels, &c. that will
please to favour him with their custom, may
depend on being lei red in the best manner, and on
the shortest notice.
N. I). He gives ready money fir empty bottles
cr wid take them in exchange for beer.
D Y virtue of a writ to me directed, vill be fold
° by public vendue, on Monday, the 6th day of
June inst. at 4 o'clock in the afternoon, at the
house of Anthony Fortune, in Chefaut-ftreet, two
full equal and undivided fifth parts (the whole in
to five equal parts to be divided) of and in a certain
meffuage or tenement, and lot or piece of ground
thereunto belonging, situate on the north fide of
Chefnut street aforefaid, and between Second and
Third Greets, containing in front, in the whole,
2 5 ""' 9 inches, and in depth, 178 feet; bounded
eartward with a lot formerly of William Maltby,
now of Anthony Morris, southward with Chefnut
ftreet aforefaid, westward with ground late of Wil
liam Hudson, and northward with the back end of
Market-flreet lots, or Elbow-lane ; fubjeft to a pro
portionable part of the Widow's dower therein ; late
the estate of William Clare; f-ized and taken in ex
ecution by WILLIAM DEWEE S, Sheriff.
T) Y virtue of a writ to me directed, will be fold
" by public vendue, on Tuesday, the 7th day of
June inst. at 6 o'clock in the evening, at the Lon
don Coffee-Iloufe, two certain meffuages or tene
ments, together with a diflillery and wharf, and all
and singular the implements for the purpose of dis
tilling, in the said distillery occupied, and lot or
piece of ground, situate at Point-pleasant, in the
Northern Liberties of the city of Philadelphia, con
taining in breadth about 200 feet, and in depth
about 300 feet ; bounded by ground late of William
Masters, deceased, and others; late the estate of
William Matters ; seized and taken in execution by
WILLI A M DEWEE S, Sheriff.
T) Y virtue of a writ to me directed, will be fold
" by public vendue, on Tuesday, the 7th day of
June inst. at the London Coffee-Houfe, at 7 o'clock
in the evening, one moiety or equal half part (the
whole into two equal parts to be divided) of a certain
meffuage or tenement, and lot or piece of ground
thereunto belonging, situate on the east fide of Front
ftreet, between Walnut and Chefnut-ftreets, now
in the tenure of William Huficy, containing in
breadth, on Front-street aforefaid, in the whole,
12 feet 9 inches ; bounded by meffuages now or late
of Joseph Redman and Philip Syng, and by Water
and Front-streets aforefaid ; fubje& to the term of
the natural life of a certain Capt. Thomas Bourne
therein; late the estate of John Johnson, and Re
becca his wife ; seized and taken in execution by
WILLIAM DEWE E S, Sheriff.
T) Y virtue of a writ to me directed, will be fold by
" public vendue, on Tuesday the 7th day of
June inst. at the house of Joseph Price at the Penn
fvlvania Farmer, at three o'clock in the afternoon,
three certain meffuages or tenements, and lot or
piece of ground thereunto belonging, being a cor
ner of Vernon and Shippen itreets, in the diftrici
of Southwark, containing in breadth on Vernon
ftreet aforefaid 61 feet, and in breadth on Shippen
ftreet aforefaid 16 feet, more or lels, which premises
have the priviledge of a certain pump and well of
water contiguous thereto ; fubje& to a ground-rent
of five pounds sterling per annum ; late the estate
of John Tolbert and Jane his wife; seized and
taken in execution by
WILLIAM DEWEES, Sheriff.
Tobe SOLD by PUBLIC VENDUE,
at the Newefk Printing-Office in Market-Street, where
dr. are thankfully received for this Paper.
n HESE are to acquaint the public that a
J L newfage is now carried on between Baltimore
and Philadelphia, by wa, of Cacil Court-hcufe, and
Port Penn, which io the judicious appears the ms eli
gible and conducive to the eafeanddifpatchoj tranfpert
% goods and pafengers from Baltimore to Ph laaelphia,
and from Philadelphia to Baltimore, Ceccil O art- House
beingjituate near the mouth of Elk, a tedious river to
go up or down, and within sixteen miles of Port Penn,
situate on the river Delaware, from whence vefcls
may, and generall, do fail to Philadelphia in one tide,
and With bead winds in two tides. The advantages
which mus neceffaril, accrue from the dfpatch which
chill arises-om this Jiage, mo-e than any otheryet cfab
li/bed, 'tis hoped will induce the public in general io en
courage the fame. Theftage boat kept by Mr. Galbraith,
willft off from Baltimore every Tuesday morning, and
ret urnfrom Cavil Court- House on every Friday morning,
from Port-Penn to Philadelphia on every Friday morn
ing, and return from Philadelphia on"every Tuesday
morning; proper waggons will be always kept andrea
dy. Goods will be received and delivered for Baltimore
at Aaron MufgravPs on Stamper's wharf,from which
wbarj Jbe will fail every Tue/day.
N. B. The freights oj passengers and goods are the
fame as other flages fr.m Baltimore to Philadelphia.
This day is published, (price is. 6d.) by
JOHN SPA R H A W K,
At the London Book store in Second-street;
NEW SERMONS to ASSES.
By the author of Sermons to Artes.
And the dirt came out. Judges iii. 22.
JUST rhri'oiVTED IVV
WILLING, MORRIS, and Co.
A QUANTITY OF
D R YED HI D E S,
Superior in quality to any before imported into
North-America, and will be fold for cash or a
short credit.
WILLIAM DREWET SMITH,
CHYMIST AND DRUGGIST,
At Hippocrates's Head, in Second street, between
Market and Chefnut-ftreets, has just imported in
the Mary and Elizabeth, Capt. Falconer, from
London,
A LARGE assortment of Drugs, patent Medi
cines, &c. which he will fell for cash or the
usual credit, very reasonable.
TO BE S OLD B Y
PELATIAH WEBSTER,
In Water-street, between Chefnut-flreet and Ton
Alley,,
NEW- ENGLAND rum; lamp and tanners
oil; sweet oil in barrels; best Borton macka
rel; cotton ; pepper -, table cod-fifh; a large quan
tity of Boflon Jboes; New-England feythes ; seal
skins; woollen checks and white flannels, flriped
cotton, all homespun ; fpermaceti candles , - Madeira
and Malaga wines; a large parcel of iron tea-kettles;
pickled salmon in kegs; iron pots and kettles, and
pot-ash kettles; a few bags of hops; Borton made
hoes and shod fliovels; very curious iron dogs ;
Barcelona handkerchiefs, plains, blacks ^nd colours;
choice indigo, frefo raisins, almonds, &c.
TWENTY SHILLINGS REWARD.
LOST on Wednesday the 27th of April last,
between the Crooked Billet in Philadelphia,
and Burlington in New-Jersey, a black POCKET
800 K, containing several letters and agree
ments, bills, and bill's of lading. Whoever will
bring the fame to James Sterling in Burling
ton, or to the fubferiber, at Anthony Fortune's at
the White Horse in Chefnut street, Philadelphia,
shall have the above reward, and no questions asked.
JOHN HIND.
T O BE S O L I),
A PAIR of handsome flout bay H 0 RSE S,
about 15 hands high, 6 years old, warranted
found. Enquire at jACOB Hilt? heimer's (tables.
Weft TownJbip, Cbefier County, April 5, 1774.
THREE POUNDS REWARD.
RAN AWAY from the fubferiber, on the gift
of March last, one NEAIL TURNER,
who took with him fix pounds from the fubferiber :
Had on when he went away, a blue furtout coat
and blue jacket, white trowfers, a new felt hat, a
pair of milled grey flockings, and old shoes; he is
about nineteen years of age, five feet nine inches
high, has black hair, and a red complexion ; he
served part of an apprenticeship to the trade of a
fnoemaker with Mr. Seaver, in Front-street, near
Pool's Bridge, Philadelphia. Whoever takes up
the said Neail Turner, and secures him in any
of his Majesty's gaols, shall have the above Reward,
and reasonable charges, paid by CII ARLES
DILWORTH, at the Pennsylvania Farmer, in
Birmingham townfliip, Chester county, or by me
JOHN COOKE.
Just published (price One Dollar) and to be fold
by ISAAC COLLINS, Printer, in Bur
lington, and R. A 1 TK EN, Bookseller, in
Front-street, Philadelphia,
THE votes and PROCEEDINGS
of the ladfeffion of GENERAL A S
SEMBLY of New-Jersey. Towhich is an
nexed, the BILL, entitled, An Ac ? for the more
equitable manumifion es faces, &c. which is inferred
for further con fideration till next fcfion.
A N f E ~
A N APPRENTICE to the Mercantile
business, a lad about sixteen pars of age,
that writes a good hand, and underfl nds fomt
thing of arithmetic. Enquire of the Printer.
AS there are many Gentlemen who have
been desirous of having their coats of arm#,
crests, cyphers, &c. cut in ftene ter f ds ; this is
to give notice to the Public, that J AM E S
POUPA R D, Engraver, in Second-ttreet, be
tween Market and Chefr.ut fleets, hath engaged
with a Stone-seal Engraver, just arrived from L on
don, who cuts all forts of arms, ciefts, ciphers,
fancies, &c. on either cornelian, chryltal, pebul%
or composition, in the neatest manner, and with
expedition.
At laid Poupard's any Gentlemen may be fop
plied with blank leaf;, ready for engraving, which
will five much trouble and expence.
AL L persons indebted to the ettate of
JOSEPH FRAZER, late of this city,
baker, deceased, are requested to make speedy pay
ment ; and those who have any demands against
said estate, are desired to fend'in their accounts,
that they may be adjusted and fettled by
MARYFRAZE R, Adminiftrafrix.