Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-02-21 00:00:00, page 1

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general
DEFENCE THE 11.
t^ ^r*FTER returning the compli
% ^% ment ofmy acknowledgments to
Mfo^hrf Russel, for his civilities, I have
XT A to inf ° rm him a ° d the Public '
that I did not mean to insinuate
t that he had looked among News-
Papers for the forms of the old
commissions of Admiralty; but I meant to intimate
that because those commissions were not put into
News-Papers; therefore, he was willing to have
it considered as a doubt, whether they were the
fame with the other, or not, and, I think, my
words carried this meaning.
I have also, further to inform, that since my
Lift I have had an opportunity of infpeding one of
those commissions myfelf, and that I find it to be
the fame, as to the powers with that under con
sideration. Indeed, it appears manifeftly, that
the forms of both were copied from the very fame
original.
I never heard myfelf, as our author fays he
hath, that the fund of old naval stores had failed
in any instance, but quite the. contrary, and I am
warranted to fay, that the judge, in this diftria,
has received great part of his salary from thence
for several of the years in which 'he has been in
office, and which he obtained without difficulty;
nor can I agree with Russel, that in case the par
ticular funds assigned for the payment of these fa
hries should fail, that the grants of the salaries
themselves would become void or ineffectual nor
are the penalty monies, as Russel hints, any more
mortgaged to these judges for paying their salaries,
than all public monies are mortgaged when applied
to a particular service; in all these cases, the mo
nies, I conceive, are, in a proper sense, the mo
nies of the crown, or the public, until actually
paid—and the surplus's of thefe.monies are treated
accordingly.
And now, leaving to what has been already
said, the civil part of this c'ommiffion, I will pro
ceed to take notice of what our author has ad
vanced new, refpe&ing the criminal part.
He still insists, that by the general expression,
or term, of offences and crimes, is given, or was
intended to be given, a power to try felonies.
In orderto establish this point, he has underta
ken to quote a pafTage from the commission, but
he has quoted it wrong, he fays, " the commission
gives to the judge authority to try all offences,
fufpeded offences, and crimes:" —1 he words in
the commission are, “ wedo grant, &c. authority
to take cognizance of, and proceed in all causes
civil arid maritime; and in complaints, contrasts,
offences, or suspected offences, crimes, pleas, &c.
from which it appears, that the word all, applies
only to the clause next immediately following,
viz. causes civil and maritime. —However, helays
down as a principle, that when those words are
exprefled indefinitely, they must be understood to
include felonies, if felonies are crimes; and he
further fays, “ it is evident to the common sense
of mankind, that the indefinite expressions of of
fences, fufpeded offences, and crimes, must in
clude treason, robbery, murder, piracy, &c. un
less you can suppose they are not offences, or
crimes;" —if the words crime and felony, were
synonymous and convertible terms, Russel's ar
gument would be conclusive, —thus, theft is Heal
ing, and dealing is theft, at all times, and in all
cases; but it appears he does not confider them
in that light,—he mud then confider the word
crime as the genus comprehending many offences
or breaches of law, and felony as one of the spe
cies or particular kinds of crime, be it so—in that
case, when a power is given over crimes by inde
finite words, the consequence will be only this,
that felony may, but not that it must be included.
To make this matter plain to every reader—let
us suppose the power had been given by indefinite
words over vessels, in this manner, I give you cog
nizance of vessels. Now a ship is a vessel, and
so are sloops and brigs. I admit, was there no
thing to determine otherwise, we might naturally
enough perhaps, think that a power was intended
to be given over all vessels of every species and
denomination; but if there were an aft of Parlia
ment declaring in terms, that ships of war should
not come within this power, since the term or
word vessels, may be fatisfied by brigs and sloops,
and other vessels, of inferior rank. I think it may
not be said, that ships of war inuft be included,
unless it can be fuppfolthat the, were not vessels; —
and here, if I should not be thought to be difeofed
to trifle, I would refer Russel, for the solution of
this knotty question, to Watts's Logic p. 153.
where he fays, “ in indefinite proportions, the
fubjeft is often restrained by the predicate, or by
the special time, place, or circumstances, as well
as in propositions which are expressly universal,
as—the ffars appear to us when the twilight is gone
—this can fignify no more than the stars which
are above our horizon :" —And again, p. ig§.
“ after all, we must be forced to confefs, that
the language of mankind, and the idioms offpeech
arefo exceeding various, that it is hard to reduce
V 0 L. 111.
MONDA Y,
them to a few rules, and if we would gain a just
and precise idea of every universal particular and
indefinite expression; we must not only confider
the peculiar idiom of the language, but the time,
the place, the occasion, the circumstances of the
matter spoken of, and thus penetrate as far as
possible into the design of the speaker or writer;"
but ifthe expression had been universal and abso
lute, the consequence would have been only, that
there would be an exception from a general rule.
Should the Supreme Court of this province have
a power to try all offences committed by an, of
the King's fubjeds, and a Governor should be
guilty of a mifbehaviour, for which he would be
fubje&ed, by statute, to a trial in Weftmmfter
Hall; I believe the court would not hesitate a
moment what part to ad.—lt is furprizing that
our author, perceiving, as he plainly did, that
his argument might just as well have rested on the
word offences, as on the word crimes, should ven
ture to maintain so extraordinary a position, that
a court, having a power only to punish offences,
might think they had power to punish treason.—
What would the Court of Aldermen, of this city
think, if a lawyer should undertake to persuade
them into such an opinion.—
I have sometimes amused myfelf, in considering
in what manner our author would attack the judge ;
if loft to all common sense, he should undertake a
trial of felony, whether he would not turn the
tables, and declaim in the following manner.
Is it possible, this Admiralty judge should dream,
because he has an indefinite power over offences ;
or over offences and crimes, for it makes no dif
ference, that therefore he had jurisdiction over
felonies of the highest kind, even treason? And
because the dimensions and kind of creeks and ri
vers mentioned in his commission, are not defined,
that he has right to try a felony committed in a
canoe, upon the smallest branch of the Mononge
hela.—At this rate he will try all forts ofcrimes,
as well by land as water; for the word crimes, is
not in terms, connected with water, in the com
miffion,—and because he has an indefinite power
over offences, he will rake offence at my writing
an address to him, and punish me for it, this, in
deed would be judging in his own caule; but he
has been told, and I suppose he is weak enough to
believe it, that for a man to set judge in a cause,
where, by the event of the decree, his salary, by
the most remote possibility, might be affe&ed is
the fame thing, with fitting in judgment, in a cause
where the judge himfelfis the plaintiff—nay, to
finifh the horrid feene, because he has an indefinite
power over even fufpe&ed offences, he will him
felf barely fufped me of some offence, and there
being no particular punishment annexed in terms,
to offences and crimes, in the commission itfelf, he
will confider himfelf as a Judge at discretion, and
so will give sentence againftme to be hanged !
Had he only looked into his commiflion, with
the least attention, he would have found, that he
was referred fora conftru&ion of all these indefi
nite expressions to the laws, —to the fatutes, to
ordinances, and to the antient customs and usages
of the court, and which are repeated throughout
in several parts: And had he any tolerable know
ledge of the law, he might have found, that there
is a wide difference to the point of his jurifdidion,
between a bill of exchange given for a supply of
provisions at sea, by the Captain of a ship in distress,
and a common bill of exchange in most other cases,
—that he had jurifdidion to enquire into the
cause of the death of a man, whose body fliould
be found floating off the coast, with marks of vio
lence upon it, and yet he had not a right to pursue
every idle fufpicion,—that not withstanding most
courts, and even single Justices of the Peace, have
a power, in certain cases, to impose fines at their
diferetion, yet, that this must be a found difereti
on, regulated by reason and the usage of courts
in similar cases.
Many things in the commissions of courts must
be expressed in general terms, otherwise they
would be very voluminous, nor is it fitting that
the clerks of office, who write those commissions,
should be obliged to take notice of every decision
of a court, by which the extent of the powers of
other courts should be understood to be inlarged
or restrained, but the judges themselves are to
take notice of these things, and conform themselves
accordingly—with much more to the fame purpose.
, I am obliged to Russel for his observation, that
" a description which Specifies persons or things
" of an inferior rank, ought not to be extended
“ by subsequent general words, to them that are
“ superior, provided there are any of inferior
" rank to fatisfy the words."—This principle will
apply well enough to the case of offences and
crimes; indeed powers ought never to be extended
by conftrw&ion in the case of crimes and punifh
mepts, but in remedial writs, I think they may
—However, it don't appear, that the Supreme
Court stand in need of any aid by conftruttion,
their authority, in the case of a prohibition, be
ing very fufficient without that aid.—-
By the way, however far the Court of Vice-
Admiralty may fend its officers, the court itfelf
D U NLA P's
«^^& |WA
cannot, under the present commiflion, be held at
any place except Philadelphia, and so the court
will be always within the reach of a writ of prohi
bition.
The diftria of this court is said to be large, but
it is not so large as the diftrid of the High Court
of Admiralty in England—nor is the dittridt of the
Supreme Court of the colony of Rhode-Ifland so
large as that of the Supreme Court of Pennsyl
vania; but what has this to do with the legality of
these courts?—lf this court of Vice-Admiralty
shall be found in experience, to be either inconve
nient or useless, I hope, the fame power that
created, will abolish it.
It is said, the conrmiffion before us, is during
pleasure only—this appears to me to be much ea
sier said, than proved.
And now Twill acquaint Russel, that, agreeable
to his request I have again read this commission
quite through, and that I have been able to read
it, without either horror or afloniftment, not, I
hope, that I am become callous to either fear or
shame, but because I am persuaded that the com
mission is both legal and constitutional. —Com-
missions, of the fame complexion, having flood
the test of ages, and by that means having become
a part of the constitution itfelf, and because simi
lar commissions have been received and put in prac
tice by good men, through successive generations,
without any alarm either to themselves or to the
public.—
And notwithstanding all that Town Meetings
have voted, or other persons have said or wrote to
the contrary, and however often Russel shall re
peat it, I may, in my turn, as often repeat, and
be juftified in it too, that the commissions of the
Courts of Admiralty, in America, of one kind or
another, are the fame that they have ever been —
that their powers as to process and judgment, are
the fame that they have been from the early settle
ment of the country, —that they are not, by their
commissions, furnifhed with any new or unusual
powers; and thatthey are, to all intents and pnr
pofes, as legal and as constitutional courts, as
any courts in the King's dominions—and Russel,
as a lawyer ought to know this.
I am aware, that by means of sundry ads of
Parliament, lately palled, the objects of the pow
ers of these courts and of the courts of common
law, have been increased, and the penalties for
the breach of these ads may have been enhanced,
yet the fubjed matter ofthe exercise of these pow
ers being substantially the fame, the powers them
selves cannot in any proper sense be said to be
altered or extended, —but even this, whatever it
be, rests in the a&s themselves, and does by no
means alter or change the form of the corn
millions.
The clamour which has lately arose against
Courts of Admiralty, did not proceed from any
of the powers contained in their commissions, and
if Russel thinks it did, he is mistaken—nor have
we any reason to believe that either the minister
on the one hand, or the people of America on the
other, have ever cared, or even thought any
thing about the several matters contained in the
commissions—such as wreck and crimes, and the
like—about which Russel and I have been faying
so much:—The real difficulty has been quite of
another kind.
Certain ads of Parliament have lately been
made, which are very obnoxious to the Ameri
cans, and the people would be very glad to avoid
them, if they could, and they think if the prose
cutions for the breaches of these ads were carried
into the courts of common law, they should have
a better chance to avoid them; the reasons for
their thinking so may be easily guessed, and so need
not be mentioned, and the Admiralty judges can
have no objedions to their being carried thither;
but were the people lure those prosecutions would
be carried through in those courts, they would not
be very anxious to which of the courts they were
brought. Trials by jury, indeed, may be said to
be always a very eligible mode of trial, and yet,
the people make no difficulty in having captures
in time of war, though of ever so much consequence,
determined in a court of Admiralty. From this
source, then, proceed the virtulence and obloquy
from time to time thrown out against courts of
Admiralty, in order to render them odious, and
consequently to be avoided; —and people easily
get out of humour with courts who take any part
in carrying into execution, acts which are them
selves obnoxious, even, tho' the part they take is
owing merely to the obligations of office.
Would they relief coolly and candidly upon
the matter, they would fee that the courts who
are obliged to take cognizance of these matters,
have no other part to a&, but either to proceed to
judgment upon the proofs and the law to the belt
of their abilities, as in all other cases; or, to con
fider and treat these affs as absolutely void; but,
I believe, the people in general could not expect
to have so great a step taken, under all the cir
cumstances, either by courts of Admiralty, or
those of the common Law.
cI VI s.
T HE
ADVERTISER.
FEBRUARY 21st, 1774.
WILLIAM BARRELL,
SELLS the very btf Hyfon TEA, at twenty.
five (hillings a pound, with a large allowance
to those who buy by the quantity to fell again.
Also, a very extensive assortment of European
GOODS, Suitable to every season, by Whole
sale and Retail, on the very lowelt terms,
at his Store the north-east corner of Market and
Second-streets, Philadelphia.
To be SOLD or L E T,
For a term of years,
ALOT of GROUND situated next to the
new bridge, on the old Germantown Road,
or Front-street continued, whereon is a very com
modious brick house, with out-houses, a large tan
yard, and every conveniency for carrying on the
tanning business. Credit will be given for part of
the purchase money, if desired.
Also, an old right to three or four hundred acres
of land, which may at any time be located in any
unappropriated part of the province of Pennfylva
ilia. For further particulars enquire of the printer,
Southampton, Bucks County, Feb. 1 c, 1774.
TO BE SO L D,
And may be entered upon the firft of April next,
A VALUABLE Plantation and Tra& of
Land, containing 140 acres, about 12 where
of are good meadow : There is a fufficient quantity
of timber land, a good bearing orchard, and the
whole in good tenantable repair. There is on said
plantation a good done dwelling-house, barn, Ra
bies, smoke-house, &c. Also a good stone Grist
and Merchant Mill, two stories high, two pair of
Hones, and eveiy other requisite for carrying on the
merchant and country business. It is finely situated
on the gr«at road leading from Philadelphia to
Wright's Town, eighteen miles from the former,
and not more than nine or ten from a good landing
on the River Delaware, where there is good stores
for flour, and from thence it may be transported to
Philadelphia for 3d per barrel. The land may be
divided in such a manner as to accommodate the
mill, and leave a good farm ; and will be fold to
gether or apart, as may best suit the buyer or buy
ers. For further particulars apply to the fubferiber,
living near the premises.
JOSEPH HART.
SEVEN POUNDS REWARD.
MADE his escape from me the fubferiber, a
certain JOHN COPPINGER, a run
away servant, who was adverti fed in the Pennsyl
vania Chronicle by Daniel and Samuel Hughes, of
Frederick County, Maryland, and was taken up by
me; but before he was committed to justice or re
turned to his master, be Hole from me a horse,
saddle and bridle, and went off from John Sherrid's,
store-keeper, in AlexanderTownfhip, in the Jerseys;
the horse is of a brown colour, about 13 and a half
hands high, and 15 years old. Said Coppinger is
about 5 feet 6 inches high, has dark brown hair, short
and curled, a fair complexion, and underftarid,
working in a forge; was bound to Joseph Morris,
of Philadelphia, when a child, and afterwards fold
to the aforefaid Daniel and Samuel Hughes. Who
ever apprehends said servant, aad brings him back,
or commits him to any of his Maj dty's gaols in
this province, Mar, land, Carolina, &c. so that I
may have him again, shall have the above Reward,
by applying to me at Daniel and Samuel Hughes's
Iron Works in Frederick County, Maryland, or to
Mr. James Cunning in Philadelphia.
JAMES DARRAGH.
Longeoming, February 15, 1774.
TWENTY SHILLINGS REWARD.
RAN AWAY from the fubferiber, living in
Weft New-Jersey, an indented servant man,
named Hance Andrew Christian Bremer,
lately from Germany, speaks broken English, had
on when he went away, a blue cloth jacket, with
white metal buttons, blue duffil trowfers, check
shirt, an old beaver hat, grey Germantown flock
ings, shoes tied with firings, one of them cut on
the top with an axe about an inch. Whoever takes
up Did servant and secures him in any of his Ma
jesty's gaols, shall have the above Reward.
ARCHIBALD M C CLANY.
Just imported in the ship Montague, Capt. Pickles,
from London, and to be SOLD by
WILLIAM RICHARDS,
At the sign of the Spread Eagle, in Market-street,
near the Court-house, Philadelphia,
AL ARGE and general assortment of drugs and
medicines, shop furniture, Surgeons pocket
instruments, lancets, feiffars, tooth drawers, pill,
boxes, phials, fyrop and galley pots, &c. &c.
Patent Medicines, from the original ware-houses;
with an elegant assortment of fine paints, such as
verdigreafe, Prussian blue, sap green, drop lake,
Indi in red, carmine, rose and Dutch pink, vermil
lion, &c. large brushes ; tools; camels, pig-hair,
and black lead pencils; oil cloth; gold and silver
leaf; gold beaters skin ; court and issue printer;
linseed and nut oils, &c. &c. Dye Stutts, ^s mad
der, copperas, arnetto, indigo, redwood, logwood,
cochineal, &c. pumice and rotten stone, &c. &c.
N. B. He manufactures corks, chocolate and
mustard, and gives (he belt prices for milliard feed.
o'o R R 0 W,
At ONE O'C LOCK, at
JOHN H A R T's
V ENDUE - STORE,
At the corner of South and Front Strfets,
Will begin the SAL E of a large and neat
assortment of
MERCHANDIZ E.
NUMB. 122.