The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-01-25 00:00:00, page 3

upon hearing the party or his wifneffes, the petit jury
may acquit or judge the fads in the indictment to be
less heinous or malicious than they were presented by
the grand jury, but cannot aggravate them; which
being considered, it will cafily appear by the intent
and nature of the powers given unto grand juries thH
they are by their oaths obliged to keep all injustice
from entering the firft gates of courts of judicature, and
to secure the innocent, not only from punishment, but
from all disgrace, vexation, expence or danger."
" It is necessary to know wuat they mean by a pro
bable cause or evidence, who fay that our law requires
no more for an indictment Probable is a logical term, re
lating to such proportions as have an appearance, but
no certainty of truth—These may be allowed in rheto
ric, which worketb upon passions—but courts of juf
lice are not ereded to bring men into condemnation,
but to find who deserves to be condemned, and those
rules are to be followed by them which are leaf! liable
to deception."—" If the word probable be taken in a
common rather than a flrift logical sense, it lignifies no
more than likely, or rather likely than unlikely.
When a matter is found to be so, the wager is not e
ven, there is odds upon one fide: and this may be ve
ry good ground for betting in a tennis court, or at a
horse race, but he that would make the adminifiration
of justice to depend upon such points. Teems to put a
very final! value upon the fortunes, liberties and repu
tations of men, and to forget that toofe who fit in courts
of justice have no other business there than to preserve
them.",
« ft barn been said (in a book entitled, the Grand
Jurym m's Oath and Office) that their work is no more
than to prefect offences fit for trial, and for that rea
son, give i.ionly a verisimilar or probable charge:
and others have affirmed, that a far less evidence will
warrant a grand jury's indictment than a pe'tit jury's
verdiCt. But nothing can be more opposite tq the juf
tice of our laws than such opinions : all la ws in doubt
ful cases direct a suspension of judgment, or a sentence
in favour of the accned person : but if this were /dark
ened unto, grand juries should, upon their oaths, af
firm him criminal, when the evidence is upon such un
certain grounds that they cannot but doubt whether
he is so or not."
" Tis scarcely credible, that any learned in our
laws should tell a - grand jury, that a far less evidence
will warrant their indictment (being but an accusation)
than the petit jury ought to have for their verdict."—
" There is no real difference between affirming in
writing that an indiament of treason is true, as is the
praftice of grand juries, and faying that the party in
diCted thereupon is guilty of the treason whereof he is
indiaed, as is the course of petit juries. They are
both upon their oaths; they are equally obligatory
unto bo^h; the one, therefore must expeß the fame
proof for their fatisfaaion as the other, and as clear
evidence must b e required for an indictment, as for a
verdia. It is unreasonable to think, that a /lighter
proof should fatisfy the conferences of the greater jury,
than is requifit to convince the less ; and unch ritable
to imagine, that those should not be as sensible as the
others, of the sacred security they had given by oath,
to do nothing in their offices but according to truth."
" Whatever ground this doarine of indiding upon
flight proofs may have got in our days, it is (as we
havefeen) both against law and reason, and contrary
to the practice of former times. My lord Coke, in his
comment on Wefien 2d, tells us, that in those
days (and as yet it ought to be) indiaments taken in
the absence of the party, were formed upon plain and
dired proofs, and not upon probabilities and inferen
ces. Herein we fee, that the pradice of our fore-fa
thers, and the opinion of this great and judicious law
yer, were direaly against this new doctrine; and some
that have carefully looked backward, observed that
there are very few examples of men acquitted by
pettit juries, because grand juries of old were so wa
ry in canvasing every thing narrowly, and so sensible
of their duty in proceeding according unto truth up
on fatisfaflory evidence, that few or none were brought
unto trial, till their guilt seemed evident."
'^ Therefore let the grand juries faithfully perform
their high trust, and neither be cheated nor frighted
from their duty. Let them pursue the good old way,
since no innovation can be brought in, that will not
turn to the prejudice of the accused person and them
selves. Let them not be deluded with frivolous argu
ments, so as to invalidate a considerable part of our
law, and render themselves infignificant cyphers, in
expectation that pettit-juries will repair the faults
they commit : since that would be no les than to flight
one of the befl fences that the law provides for our
lives and liberties, and very much to weaken the
other.'
" It cannot be hereupon said, that no evidence is so
dear end full, but'it may be falfe, and k ive the jury
occasion of doubts, so as all criminals must escape, if
no 'ndiftment ought to be found unless the proofs are
absolutely certain ; for it is confeffed, that such cases
are not capable of an infallable mathematical demon
stration: but a jury that examines all the witnesses
that are likely to give any light concerning the bufi
nlr in question, an 1 all circurn stances relating to the
fad before them, with the lives and credit of those that
teflify it, and of the person accused, may and do oft
en find that, which in their consciences doth fully
perfua 'e them that the accused person is guilty. This
is as much as the law or their oath doth require; and
such as find bills, after having made such a scrutiny,
are blameless before God and man, if through the fra
gility inseparable from human nature, they should be
fed into error: For they do not swear that the bill is
true, but that they in their confidences believe it is
so; and if they write ignoramus upon the bill, it is
not thereby declared to be falfe, nor the person accu
fed acquitted, but the matter is fufpehded until it can
be more cleanly proved; as in doubtful causes it al
ways ought to be."
Such are the quotations I have thought fit to make
from this old book. I could wish the whole piece was
republished, but it is too long for a newspaper, con
fining of near 30 folio pages. I shall be told, I fup
'P°% that this is not law, and is of no authority, of
this J am not a judge : but sure I am that it is reason,
and if it is not law it ought to be, in every conflitu
tion that pretends to freedom or the security of the
febjed or citizen. What is generally called law au
thority in such cases, is the opinion of some learned
judge; bur it should be observed, that grand juries can
have no probable contest refpeding their rights, but
with these fame learned judges; and if the judge's o
pinion is to determine the matter, there is little doubt
but he will do it as much in favour of his own power,
and that of his successors, as possible. Who the au
thor of this piece was, does not indeed appear; but
it contains the fentimerits of a freeman who liv
ed about one hundred years ago, and hath been
deemed so judicious a performance as to gain a place'
amongst a valuable collection of authentic papers.—
How different were his opinions and feelings from those
of Adrian. 'He is for giving the accused all poffiole
chance for his vindication, even before he is brought
to the test of a pettit jury : Adrian is for giving him
no chance at all ; but seems to think the prisoner may
be very thankful for his escape, if found Innocent, af
ter having been ruined in health, reputation and es ,
tate, by confinement, infamy, fees and cofls. My
author seems to be of opinion, that every good ebrif
tian should rejoice when a fellpw citizen is acquitted
of a crime laid to his charge; but Adrian thinks a
man accused and not hanged, is a cause flifled. Laft
ly> my author efleems the granl inqueftfor the
county, as a most refpeftable body of men, in whom
the law hath placed the oigheft trust; but our new
pope declares, that they are no more than a legal
machine, to be governed and eomptrolled in all its
movements by the court : —which opinion is mod
likely to serve the interests of the pubic—let the public
determine.
Letters from New-Jersey fay, that a vessel arrived
lately at New-York from England; but as the Royal
Gazette of Tuesday las ldoes not mention any such ar
rival, the account must be premature ; - -that paper
contains the following paragraphs:
" Last Saturday evening arrived the rebel brig
" Nancy, Moses Lewis, master, from Ereft, bound
" for Alexandria, in Virginia, with a cargo of wine,
" salt, &c. prize to his majesty's Chips, Lion, Centu
" rion and Cerberus.
The fame paper also contains a proclamation (dated
January 14) of James Robertson, governor of that
city, commanding the loyalists within the British lines,
to observe Thursday the 23d inflant, as a day of
thanksgiving to Almighty God, for having been
" graciously pleased to bestow signal victories on the
" British arms, and to defeat the united efforts of
“ combined nations."
'' Yesterday was sent in by the privateer Digby,
" captain Lauton, of this port, the rebel fchocner
" Rover, Dorothy, master, from Baltimore .bound
“ for Havannah, with two hundred barrels of flour
“ on board.''
Extrad of a letter from Cadiz, to a gentleman in Vir
ginia, dated November 14, 1782.
" The English have contrived again to fuccour
Gibraltar, and on the 20th u!t. ventured a partial en
gagement with the combined fleets, which ended with
out much loss to either party. The copy we enclose
of an officers journal, may not be unacceptable. The
combined fleets are now here. Count d'Eflaing is at
Madrid, and is to proceed hence to the Weft Indies,
with 36 ships of the lice of the two nations, and about
eight or ten thousand troops, unless flopped by a peace,
of which we fear there is not much hopes though the
confer nets are still going on at Paris. Mr. Adams
has completed his business in Holland, and is now at
Paris. —The treaty between the two republics was sign
ed the 7th of last month. —All the Spanish flipping in
this port are just embargoed for the king's Service, we
suppose to transport the troops and provisions. Jamai
ca is said to be the objeft. This will revive the four
trade with Havanna, in cate it should not prove a mere
political menace. A little time will clear up our
doubt's.—The siege of Gibraltar will probably be sus
pended, if not dheontinued."
A quantity of Raw Silk in,
fains, to be Sold at the City Vendue Sro e, in Front
ftrest, on Monday, the 3d of February, in bundles of
z and 3 pounds.
At his Store, in Front street, between Market and
Chefhut ftreeis,
I)EST o'd London particular, and London market
' Madeira Wine, in pipes and quarter c>fc, French
coniac Brandy by boffheads, Savannah box Sugars,
Bohea Tea by the chest, &c. &c.
On reasonable terms for cash, or notes of the ho
nourable Robert Morris, efq ; drawn on John Swanwick,
e 'q; payable to the bearer, will be taken in p wining
American Museum.
pOR the conveniency of Gentlemen and
Ladies desirous to view this Collection, it will be
open during the Winter Season, every day (Sundays
excepted) at 1% o'clock in the forenoon and at 3
in the afternoon. Companies chufing some other
hcurs, will be pleased to have it mentioned in fending
for Tickets, which are to be had at the subscriber's
house in Arch street, above Fourth street, at Half a
Dollar each. P. & Du SIMITIERE.
Philadelphia, Jan. 15.
One of the PEOPLE.
Chester county, January, 1783.
Philadelphia, Jan. 25.
TO BE SOLD, By
Alexander Robertfin,
TO BE SOL D by the Subscriber,
A BRICK HOUSE in Walnut-street near Fourth
street, in the tenure of Mr. Thomas Fitz'fimons;
containing in front 16 feet and 6 inches „in depth 40
feet, it has two Parlours, two Chambers, and two Gar
rets, with a frame Kitchen 16 by 13 feet, and back of
the Kitchen is a Stable and Chair house. The Lot is
108 leet deep, with a privilege of a 7 feet Alley. The
who'e is fubje& to a ground rent of fourteen Dollars per
Annum. Also two Lots adjoining the above house.
containing on Walnut-street 24 feet and 9 inches each
indepth, and 220,feet each in length. On one of those
lots is two Brick Kitchens, two stories high, a room
below, one *bove and a celler to each. On the other
lot is a Stable that will hold four horses and a cha
riot. There is a large new Store, 48 by 20 feet, two
stories high, hack of the two lots, which, as well as
the liable, may be purchased or not with the lots. It
would be most agreeable to fell the whole together ;
if nr4t cannot be done, they will be fold separate, and
fufficient time given for payment, on giving good se
curity. For farther particulars enquire of
GEORGE MEADE.
Who has also to dispose of on Credit, several
TRACTS of LAND, in the neighbourhood of Alex
andria and Winchester, in Virginia.
TO BE SOLD AT
yohn Comity's Store
In Second-street near Arch-street, two
doors from the George tavern, a large
assortment of
ME RCHANDIZE
Too numerous to mention ; lately imported
from France.
Dean & Purviance,
Hive just Imported in the ships Congress and In
tr ped from Fiance, aid are now opening the follow
ing GOJDS, at their STORE io Water-street, the
third Door below the Draw-bridge, which they will
Sil on very reasonable tc-ms.
BLUE, brown, laylock,
blossom, grey, hazel,
gre^n, chefnut,: white,
olive, faun, bone de, Paris
mixed and light coloured
fupetfine, middling and
coarse Cloths.
Nonbattn and royzl Lin
neus,
Three quarter and yard
wide Britannias,
Cambricks and Lawns,
Stripedand bordered lawn
Handkerchiefs,'
Mjllonet Lawns,
Printed linen Handker
chiefs,
Marseilles Quilting,
Plain and corded Dimities
and dyed Jeans,
Womens white &; colour
ed Kd Gloves,
CLOT HS, Superfine
broad and narow,
Wibons and Sdefia,
Coatings & coarse Cloths,
wide and narrow,
Naps, fine and coarse,
Flannels, Caflimers, and
* Swanskins, of different
qualities,
B ankets,
N^gro Cloth,
Worded H?fe, breeches
and jacket Pateros,
Plushes, plain, corded and
spotted,
Calamancoes, •
B rragans,
Denims;
Fverlaftings,
Durants,
Satinets,
Proninas,
just IMPORI ED from Europe, and
Tench Coxe,
Has for SALE, at the House to which he has lately
removed in Front street, near Walnut street, next
above Dr. Ruth's, and opposite to Mr. George
Henry's ;
A very good Assortment of fine GOODS,
Just Imported in the Intriped from I'Orient:
Among which are,
BOOK Muslins, black Modes, Calicoes and Chintz
es, Edgings, G^uzct embroidered Buttons, silk
Marfeilk s, colour'd Barcelona Handkerchiefs, fashion
able Silk', char Lavc' &^. &c. with a Variety of
coarse Liners snd V'on'l*ns.
Also, Burlington Pork and Buckley's Keg Bread.
A good Assortment of Writing Paper.
In Water-ftrert, three Doors above Market- street,
TO BE SOLD By
P. D. Robert,
A great Variety of plain
and printed broad and
narrow Ribbons,
Striped, flowered and plain
French & Italian Gauze,
A large Assortment of
white and black blond
Lace,
Men and womens silk
Hose,
Black, white, cinnamon,
rose, silver grey, plumb,
and Paris mode coloured
'Sattint and black Taffi
ti^s,
Black Paduafoy and Pru
nellas,
Crimson, pink and light
blue Persians,
Striped Tickings,
Pins,
Silk Shoe Patterns, Jan.,
Hairbines,
Camblets, silk and worsted,
Linens,
Creas,
Handkerchiefs, cotton and
linen,
Cambricks, Lawns,
Kerning Handkerchiefs,
Chintzes,
Threads,
Gauzes, Millinet, Ribbons.
Drab de Soye,
Paduafoy,
Sattins,
Gloves, mens and womens,
Stockings, tilk and thread,
Hats, mens and boys.
Pine,
Tin,
Twine,
Salt,