Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-10-15 00:00:00, page 2

In CONVENVION for the STATE OF
PENNSYLVANIA. Septembers, 1776,
Refolded,
,} \HA T Mr. Cawon, Mr. Rittenhouse, and Co!.
J 1/1 tiar k, be 4 Committee to draw up an Addrefy
#1 feeing forth the reasons which induced the Con
venlion to make tbt teverJ OrdHn.rn.ts and Kekh.es,
v a;h they have priiT.in the courie ci the hiring of this
C invention.
To tie FREEMEN ofthe Co mmon-Wealth
of P ENNSYLV AN I A.
GENTL6ME N,
ft^ H ... Honourable the Convention holding tbemklves
^ accountable to their cooSLtuents, .and 'believing it
the duty 6: every rep:erinb-tiye body to lay the reasons
of their comituri before thote who appointed tlum for
their lai sricion, have direeled us to untod to you the
caufiis at iuc t p^rt&uf their proceedings as may appear
At tin Sight o^.r of thejine of their appointment, Sen
fide that the purybri hit which they were chosen, ^nd
tuc Su feci on which trey ahcmbled bad many enemies,
and .hole A the tifft consequence among us—that a go.
vprume^t under the audmiir of the people only, and
d living its powers fom them alone would meet with
warm opposition, and that no means would,remain un
edited to ocleat your arduous itruggle in defence of your
Li erty ami la. ep.^d.acr. B Codh the eftablifoing
your rights is the dowmal of thirpower, the Convert
con ear y considered it as a matter of wait moment, add
not Altogether cat of the 1 nt of tin ir duty, to have some
legal piincipKa edabliihe ~ wbtreoy avowed enemies to
their country might be brought to punishment in that
way, which, while it destroys the power of the wicked to
do mischief, preserves the decorum of civil society. A
Spirit of licenuoulnefs when roued is not effigy alloyed,
and the minds of the people ougtto be as calm and
compofcd as p dli de at Un i Production of a new govern
ment. To preserve this calmqefs, and prevent a spirit
ot licenrimhieis growing upon the people, while the
course of justice was flopped in the society the Conven-.
tion pallia some temporal ordinances which to #hem
appeared eff+nrially necedary on the ogcafion Others
were peTd for the fame purpofc ; but the afpt & of those
looked towards ouGemmies to deter them from at empt
i?g any tiling against us, during the interval which of
nccGfity came in between the tuppreffion of the eld and
e. jfn eg of the new government, through hopes of
i.npunity.
Te mceffity of Tofe ordinances will Strongly appear,
when you consider tow many under handed attempts
aie made t excite a corifufio-s in the minds of the people
by anonymous publications of divers complexions, but
ill tending to make you averse to receive a government,
founded on your own authority, and abfchitely under
v^r centroid. Such a government by no means suits
th? designs Of your enemies. It has tori much regard to
the rights of the.people to eufwer their purpefes, and
ti/ir only way to defeat its operation, is by using every
statin their power to bring the Convention which fra
med it into discredit.
The fieri ordinnee which appears on the minutes of
Cuoenden reipcefs the- ifarming the Non-Ass ciators.
Previous to the Convention's pi ffing that ordinance, it
w^s moved, t^ a refolutiou might be entered into,
declaring, th ° s the Convention had met by a special
appointment and for a particular purpose, no ordinance
should pals except i.ch as tl^ exigency of the time would
render indifynfibly necessary, and as no other repre-
Rntative body at that time existed in the State, the ur
gency of the case w< uld jeftify the measure.
On considering ttis motion it was generally agreed,
th t it would answer a much better purpose to introduce
each 0 finance with a Short preamble expri ffing the rea
sons which induced the Convention to pais it, as then
every one w ho Should fee the ordinance would at the fame
time be pofUffed ofthe regions for passing it, but might
nt be in pclLffi-n of the resolution moved for. The
penables to the fcveral ordinances puffed by the Con
vention wifi therefore lead the public into the reasons for
raffing them ;, these, with the additional ones advanced
at the time cf then puffing, we make little doubt, will
fully Satisfy every friend to our country, and juftify the
Convention. Ihe p : earnple to the firtt is as follows;
" Whereas the Non- Associators in t'^is State have
" fitter refilled or negle&d to deliver up their arms,
'' according to the retolves of the Honorable Continen
“ tal Congieri and the Affcmbly of Pennsylvania, and
« elft ctual meafuies have nbt been taken to carry the
“ said refulves into execution, Be it ordained," &c.
In addition to these reafens which fufficiently express
the nee ffity of the measure may be added the folly and
d inger of leaving arms in the hands of Non Affociaters,
when the Associators we>e absent in the Service, and the
great demand for the belt arms we could procure to put
in o the hands of the militia from the country, who were
ready and willing to march to the camp but bad no arms
to t^o with them, weighed greatly with the Convention
in piling this ordinance A, d the ,ood effects of it
weft mudenly perceived, for the militia were furnished
with several hundred Stand of good arms in confluence
thereof.
The next ordinance is that which was passed for the
rebate of Col. James Eatton, a man who had merited
well of his country, and who was unjustly detained in the
jail of diis city on an action for debt. The Public, we
doubt not, will juftify the Convention in this ordinance
when it is known, that he was the commander at the
taking of Ticonderoga, was committed by some gentle
men belonging to New-York not deemed very friendly
to our caute, when attending Congress to fettle his ac
counts, whereby he could have been enabled to pay the
debt, though they had good security to a much greater
amount than the debt came to.
An ordinance for the relief of the prisoners in the se
veral jails in this State is next in order, and introduced
with these reasons for its puffing.
< • Whereas at this time, the courts of justice within
" this State me lurceafed, and all process end proceed
" in-, by which suits can be legally commenced, pio
" cc, ded in, or determined, are by the authority of the
« per de justly and totally iupprefUd : And Whereas
" xhe detaining in custody debtors under executions who
'' are wiring to deliver up there eftatec for the ui cos their
« creditors, or debtors confixed under meihe proofs
" who have no mode of entering bail h order to site
“ their perlcns from imprisonment, is not only oppref
“ live, but can be of no real benefit or advantage to the
"creditors : And Whereas a total change of govern
“ ment by the assistance of Divine Providence has been
" effected within the United States, and ash of grace to
" criminals Gmetimes are granted on events of such im
“ poitance, Be it ordained," &c.
An ordinance against counterfeiting the Continental
currency comes next, preceded by the following pre
amble.
66 Whereas great mifchiefs may arise to the United
" States of America, and the property of the good peo
“ pte, inhabitants thereof, rendered precarious and in
" secure by wicked and dttigning perlons counterfeiting
" the paper bills of credit ffued by the Honorable the
“ Continental Congrels, or by any of the United States
" of America, for remedy whereof, Be it ordained," &c
Nothing perhaps ffievrs the necessity of the ordinances
passed by Convention in a ftionger point of light, than
the difficulty we are under at this time arising fr m not
having a it&ion in tteis ordinance for the more efT&uai
punifkment of thole who refufe the Continental bils of
credit. No one of the ordinances, but has prevented as
great an evil as the forementiontd, and had this appear
ed before the fifing of the Convention, it would have
been provided against.
Greot hcenticufnels having a risen about that time, for
remedy thereof the ordinance for appointing temporary
Magistrates to preserve the public peace and tranquility,
a^d to hold peifons to bail who should incline to take
undue advantages of the times to defraud their creditors,
priLd the Cr nrentior.. The preamble, tho' short, wil
shew the nec<ffi<y of such an appointment, and the ab-
Knce of the Affocmtors, who were then geniratf at
camp, vrilljuftiiy the nomination of them by the Con
vention, as an eit&ion wouia have fallen principally in
to the hands of Non Associators and T-ros and the
coniequence or veiling civil authority in iuch men would
have loon appeared, had it not been prevented by the iaio
nomination. Tie ordinance is thus introduced.
" Whereas it is necriliry that proper officers cf juf
“ rice be appointed under the authority of the People
“ only, and denting no power whatever from the late
“ co : ft,turion, Be it ordained," &:.
The ordinal ce for compelling d- bters in certain caf $
to give security being nearly corneas! with the fcregc
ing, we beg h ^ve to introduce its preamble nex:
" Whereas a: this time, won courts of ; she i:
“ thu St,,e art shat, it is absolutely neceffrvthathomft
'' creditors Should be made secure, when it fyah appear;
“ that otherwise they might, by diflioneft Getters taking
« advantage of the times, run the ri.quc of losing their
“ just debts, Be it cidained," &c.
The ordinances against treason, and advifedl, Speak
ing and writing against the taufe cf America, are intro
duced respectively an the following words.
“ 'Whereas g vernment ought at all times to take
" the mon ette&ual measures ter the Safety and security
“ 0 rim State, Be it ordained," &c. And,
" Whereas evil-difpcfed pma, by (peako
" and writing, en?e:voui to i flu net the minds cf we k
" or unwary perlons, and thereby impede the present
" virtuous oppofaion made by the fret United States of
“ America agaii ft the wicked and tyrannical measures
" punned by the Kring and Parliament of Gieat Britain,
" ter ptevention wheitot, Be it ordained," &c.
The powers given to Magistrates in thee ordinances
aroie from the imp ffibility of erecting regular counts of
justice before the new government Should take plat , and
yet they contain a temporary habeas corpus a&, as will
appear to every one wno will examine them with can
dour, ifo far was the Convention from attempting to a&
arbitrarily, notwithstanding the Scurrility with which
they ate treated. But men who have nothing rational
to advance mult use what is in their power.
The ordinance for rendering the burdens cf Affocitos
and Non-Associators in the defence cf this State as near
ly equal as possible,, is thus introduced,
" Whereas the Affociatori of this State have heftow
“ ed much ot their time, and been at considerable ex
“ pence in qualifying themselves for the defence of then
" country, and are now gone forth into actual Service,
“ to the great prejudice of their private con erns, while
“ others by not ^wriating have exempted themselves
" from those diflicultie and pursued their bufintfs to
“ advantage : And Whereas no effectual measures
“ have hitherto been taken to render tie burden of de
" fence, which is a common benefit, as nearly equal as
“ pofiible, Be it ordained,' &
However vain it may appear at this time to juftify this
ordinance as it Stands, and which is condemned with
such Severity by those who are the fjbfc&s of it ; it is no
more than common j ftice due to the Convention to
recal the public attention to our Situation at that time—
A powerful army of the enemy landed cn Staten 111 nd,
from whence they might make an excursion- into the
Jersey, or even to this city ; whilst their fleet, by taking
possession of the North-River, had it in their power to
p event General Washington from giving us the least
affittance —Amboy, Elizabeth-Town and Newark expo
fed to immediate deftiutlion. At this time no refouro
was to be found but in our militia ; that militia whic
had so frtquently compelled of the unequal burdens they
had already borne; and by repeated petitions demanded
redress of the late Affembiy. In a conference cf a Cora
mittee o, Congress, the Committee or Safety cf this State,
the Field Officers of the city battalions, and the Com
mittee of InSpi&ion, it was received to call forth the
whole militia of this State So far as they cculd be ai med.
Almost insuperable difficulties appeared in opposition to
this measure, amongst others that of Saving the re
proaching harvest was not the least. The militia nev^r
lefs turned out with amazing alacrity in some counties,
in others where the lory interest prevailed they were
more tardy. The Convention thought ir a duty they
owed their country to give them all proper encourage
ment, and daily in the fttix%|ass d and published a le
folve that they meant to do juttet to rhe Afficiators, and
here the matter rested — The Council of Safety in the
mean time exerted themselves with incredible diligence
to put the miliria into a condition to save their country
Urith effect —The Aibciaterc were obliged tq leave their
Ircmes, at the molt buly and important fesfn to farmers,
and harrafcd with long marches to the camp in Nuw-
Jersey, in expectation of facing a hoflile army, whilst
many cf the Non-Associators not only forbore to tench
the burden of the day with a Single finger; but expreffid
the diabolical plcafure they enjoyed in beholding the
distress of the friends of libert)*. The Convention was
often informed of these cirduraftances, perhaps with
great aggravation, and reminded cf their promise to the
militia ; but the difficulty of fulfilling it Stated them full
in the face, and perhaps contributed as much as any
th ng to its delay—However a Committee was appoint
ed, the ordinance was brought in, debated, committed
and recommitted. A spirit of generofy and moderation
was perhaps never more warmly displayed than km one
fide of the Houfeon this occasion ; but the mindset many
were agitated with the Situation of cur affairs—Their
p Slions enflamed with the part which the Non-Associa
tors in general have afted, and the advantages they have
taken of the times, so the ordinance passed the Conven
tion as it now ft ends, though not with tee majority that
might be expert d from a body so universally attached
to the cause, and so sensible of the reasons which the
Associators had to complain.—No cne who heard trie
debates in Convention < a re iui,a could doubt thrt
impartial justice nas aimed at on both Sides,how far they
have failed of acccmpliaring it, is not foi the Convehticre
to determine. This they ar4 persuaded of, that when
th± lot's cf time amhotuer expenceb trending the learning
the military exercise are added tc the cifae vantages the:
Aflociatois have laboured under in ype rate call, and the
profits which Non-Affociatois derived to tbemfelves im
consequence thereof, the balance is not n.ucb in favour
of tin /ifY . rs.
Tradenun have left their business to face the enemy
in thf hour of ganger, ami tin nn, men whole property
they Mere nroteding at the riq e ot their lives, barer
Stepped into their cuftom.—Ferners left theii harvest
fields to be reaped by Nun-Alicciators and paid them
from five fhiilinf to a dollar per day in some p rts for
their labour whilst themselves were 'guarding the c< afts
of a neighbouring St. te, to preierve it from he incur
sions of the enemy.—Some men have given on half of
their crops to get the outer lecum — Thus winethe-
AlLciato.was ablent upon the molt important public
duty, the Non-Affoci tor earned in extraordinary rd,
vnt^ge derived from that Single circumstance much
more than th fine übe levied upon him. The Non-
Affociat. fs i, , „ # parts of the country had reason to
^P rehend that u.c Allocators as soon as they returned
w. u" under ke° it siismfehes, if the Convention did
nothing t o make t^ burden equal between them. And
the Convents was greatly in finfoimed, if these 2mong
them wno wetequated by no wurle principles than
Scruples o^@nfcTtncc against war, were not very well
Satisfied Gictne fines wete quotable. It is not for us
to pretend to judge cf the m fives of these who com
• Fon, o neither w..€ it th? mind of the Convention to fay
an, thing n ju/ di.auun of their c nouct; the, meant
only to Ay th. : eafons cf i r bAore their conftituints fr
nevertheless i may not he improper to observe, on which
fide they stand, wuo have ever been nemos to our cause,
are to express a desire that those who are c, ? privy to
fuch mens designs may not be deceived by them.
Ihe Convention considered the interval which of ne
cessity took place, between the suppression of all power
derived from the crown, and the ending cf the fame on
the authority of the people, as a period pregnant with
important events, and meant to Supply it with such a
temporary constitution as might preserve us frem ruin.
This caused the ordinances to pais, and though some cf
them as they now stand met with considerable opposition,
yet not cne passed the Convention but such as appeared
a °.' o ™ tc 'y neteffary for the fafety of the State—Under'
this idea they puffed the Convention, and nothing has
yet appeared to convince cf the contrary. The Asso
ciators long and justly complained of partiality and in
justice, and however altered in their minds with regard to
the powers of the Convention, th y once thought other
wise, and had highexpeditions tbat the Convention w ould
consider their case, and leave the Non-Associators no
room to triumph over them— She Convention accord
ingly has done them all the juffice they could; but if
they, now that the, have it in their power to forgive,
have ch nged their minds and are desirous of lotting the
Non-Affjciators f,&a,c, they can do ri, and that without
giving great offence to the Convention---But they will
thereby preclude all future complaints, and future le
gislatures murt not be blamed for their lenity.
I he prefiing necessity of the times .nd the urgent ap
plic ton of public bodies, and men in public Stations,
induced the Convention to enter into re tain resolves, as
will appear to every one who examines their minutes,
which were published weekly ; for they wifi^d to conceal
nothing from their confttuents.—The propriety of these
resolves will fully appe r to every one who r (olleds tte.
then state of our affairs, and,wiflies to fee u ma ntainfur
freedom; and nothing further need be Said on ;he fut—
j & ; were it not that ibme wicked designing propl; have
endeavoured not only io ruin the credit of the Cenver^
tion but the greit cause it/elf, by infifin^ hard thoughts
into their minus, in consequence of a resolve which they
puffed about the middle of Anpuft.
Repeated and pressing letters were continually arriving
from the Camp, informing the Conve tion that fame ill
difpokd persons who had crept into the affSci tioi, to .0-
ver their unfriendly principles from the public eye, were
exceedingly i\d<ft;ioas in lowii g the feeds of Edition in
the minds ot the militia, and under the Shew of great pa
triotism and attachment to the true principles of liberty,
purfuaded the n to believe tl at they were decoyed and en
trapped b, their officers, who artfully carried them out
kith a defigo to form them into 2 flying camp, and that
unleG they rose up in a mutinous manner and forced their
way home, they would be converted into mticeoari $ aid
obliged to march to Canada, or any other place where
tueir services might be wanted.—This report being in
dustriously propagated, detections were tiie imm d ate
consequence ; and they who had the virtue and patriotism
to withstand their insinuations, were in danger of being
offered up a Sacrifice to ; he enemy, and the coait of being;
defeated before the militia from the country run d arrive.
In this diftreffiug exigence tbeConvehtion pass d^ resolve,
* The' some of them are highly to be commended for their
care and concern for the afairs of their xfi^bhws ra-h
avers out in the feroict.