Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1777-06-03 00:00:00, page 2

Hn TrvLA?,
TEN two mended Ltws hate been read twice in the
Gene:a : AfT.^n ly, end are now ordered'to be printed
fr r public cjotidecati n. Youris, &c.
J. Morris, jui. Clerk ot Gen. ACTembly.
A ^ I L L obliging th: male vsbite inhabitants of, this State
t) give ASbU R. A NCE„S v, ALLEGIANCE
to the fame, and for other purpfes therein mentioned.
%^7 HEREAS allegiance and proteaion ere reci
% V procal, and thole who will not bear the former
are not elided to the benefits of the letter, Therefore
be it enacted bv the R prelen atives of the Freem,n of
the C^m non- Wealth of Pennsylvania in Genera! Alfem
bly met, and by toe authority of the fa ne, that all male
white inhabitants of this State, above the age of
years, Shill, on or before the— day of — next, take
and hi deioe the following oath or affirmation before
some one of theJuftices of the Fence of the City or Coun
tv where they Shall refoe&ively inhabit, and the said
justice (bail give a certificate thereof to every such per
lon; and the said oath or affirmation Shift be as follow,
eda, viz.
" I — do freer, or affirm, that I renounce and
'' refufeaU allegiance to George the Third, King of
“ Great Britain, his heirs and fuccelio's, and that I
" will be faithful and bear true allegiance to the Com
' mon-Weahh of Pennsylvania as a Free and Indepcnd
" ent State, and that I will hot at any time do, or came
" to be done, any matter or thing that will be preju
" dicial or-ivjmious to the freedom and lode cndence
“ thereof, as declared by Congre^ ; and alio that I
'' will discover nd make known, to some one Jaftice
" of the Peace of the said State, all treasons or traiter
" oils conspiracies, which I now, or hereafter Shall know
" t. 6 be formed againtt this or any of the United States
" of America."
And the term of the said certificate Shall be as follow
eih, viz.
"I do hereby cert : . r y that - - hath
" colur.t uiyt^ken and Subscribed the oath or affirma
" tion of allegiance and fidelity, as d retted by an Act
" of General AfHmbly nt Pennsylvania, passed the
" day of A. D. 1777. Witness my hand and
“ Pill, the— day ot A. D." (U.S)
And be it farther enabled by t^e authority aforfaid, That
the Ju■ ces of the Price, tefore whom Inch oath or af
firmation Shall be Subscribed, Shill keep fair regufers of
the names and liinames of the perlons to sworn or af
firmed, and the time when, and (ball, on or before the
first day at October in every ;ear, transmit in writing,
wider bis hand and leal, to the office of Recorder of De ds
for the ftid City or County, a tiue bit of the tones and
jirarmrs of thole who, within the feme year, have Sb
^^t^±'%foethem refp&vely;tnd the bid
..: hi: ^w and receive therefor, and for the laid
Cerrih ab, the lam of — and no more, for
every perlon to sworn or affirmed ; and the said Judices
Shall lay their a counts before the County Conymiffi >n
e:s, or any two of them, from time to time, to be exa
mined and allowed ; and the said Commissioners find!
draw orders on die County Treasurers for such sums as
mail be followed, which orders the said Treasurers are
hereby authorized and required to pay out of the State
Taxis ; and the Recorders of Deeds, in the City and fe
verat Counties of this 'Stue, are hereby enjoined to re
< c!the f^.;bis, mb # ? .'^sto be prepared tor that pur
, 1 " prid ft -A Co , in rhe fime manner
rib-.:' u:hc r arc< for every
fimidred.names.
A:d be it farther enabled by the authority ajorefaid, That
rv?ry.perlon above the age atoreiaid, refuting or negleff
mg to take and mbfcribe the raid oath or affirmation,
in di, durinuhe time of loch negle& or refufal, be inca
pable of holding any office in tuis State, let virig on jii
rie% Cong for ?ny debts, tiering or being elected, .buy
ing, ceding 01 tranfcrrmg any lands, tenements, or
'hereditaments.'
AMD WirXRE MS there is a danger of having the feeds
c'dihord and rhCrfe&mn greatly spread by perform,
I bo'r pihiclprui/oHs are not known, removing, or
travelog from one p rt of the State to another , and it
is well known that this State is already become (and hke
1/ to be more fu) an :,|f ifa n,for refugees flying from the
j A refertmert 01ri i. felloe cidzns in ; tier States,
tor rem-dQwaereuf, be it tin&d by the authority a ore
mh, ihat every perlon, Mauve the age aforefaid, who
thid travel out of the County or City in which he usual
ly rndo, without the certificate aforefaid, may be tuf
pc-Tr to be a spy, and to possess principles inimical to
ti United States ; and my he taken belote one of the
I to the place where he Shall be apprenend
.tender to him the said oath or affi motion,
, .-as ..rsl tolakepud fuTcribathe said oath or
amariittun, t- ? laid Jullce Shall comm t him to the com
-lin goal cf:h- Citv or County, there to remain with
out bad orwriipriz, until he Shall take and fubferibe
tee oath or afhymanun, or produce a certifiate he had
^Ar^dy Fine so
dnd be it enable !by the authority aforefaid, That all
, . on cumin r from any of the other Un ted States^ into
tus Slue, are hereby required to apply to one of tire
revert Justices alter be enters this State, and take and
boicrice the laid oath or affirmation, upon the penalty
11 oving dealt wop as in tile case of persons travelling or
remove, .j outid the City or County in which they ufual
,y rrtide, wilds he c.m produce a certificate that he has
taken an oath or affirmation of the like nature, in the
State fr -m whence he came.
Provided ahwajj nevertbelefs, That prisoners of war,'
ob^rs ^m (v.Jicrs in the Continental army, merchants
zed mariners, trading in thw irrts of this Stite from fo
r<;h pa^crsin amity with the United States, and not
^ non; ,reh , ued not to be within the in
i m*,n urcAes.iD.
. SUPPLE:^ # ^ 1 roan ACT, intitled, <c An Ad
f^ ;,-t„^ th. Cmtinbrial Bit's of Credit, and the Bids
f Credit emitted by gfohves oj the late Afemblies LE
GAo lEN DEK, and tor other purpojes therein men
tioned.
\ ?J"\™ '' in "" A ° + ° f the General Affe^ly of
' t:?z Com non Wri th of Penntylvania, puffed the
77 - day o piru ^yUJ pall, iat.itl e R « An A& for w&
ri ' ' n *^ Blip's et Credit, and the Bills of
dp:nr pj ^y th: Refolvet of the late AiTembl.es-
" bgal tender, and f r &r purposes therein mentic*-
“ ed," no mention is male in express Morris of bodies
politic and corporate; so which reaion it lias been con
ft^ed by f,m^ persons tht such bodies are not cempre
bended within the meanirg of the laid A&,: In orebr
therefore that the said Bils of Credit, and allo th^ Bills
of Credit emitted and K>ie emitted by viAu'e of an AB,
intitled, " An A& for emtting the sum of Two Hundred
" Thousand Pounds in Bills of Credit for the defence of
“ this State, and providing sifund for finking t^e fame
“ by a tax on all eitates real and perlonal, and on all
" taxables within the fame,” dial! be alike taken, and
made current in mi p^u # , by all persons, as ^ll in
them private as in theii . cor corporate capacity,
fc if c/rfl^rt by th..vfentatives or the Freemen of
the Common-Wealth F.rfytylvanfa in General Assem
bly met, and by the am! /of the fame, 'I hat all the
Bills of Credit declared legal tender by the said fixft
recital A&, and alio th Ibhsot Credit emitted, and to
be emitt d by virtue < laid lalt recited Abs, shall be a
legal tender, not on / those perlons and creditors
therein nrentioned, b -bo 0 all bodies politic and cor
porate, which laid bo 11 # f dbe deemed and taken to
be fnbje'a in all refpe&s <0 ri the fines and forfeitures in
the said A&s mention '. rich the perlons or creditors
therein named, are or n, :to be fi,bje& to, for any of
fence committed sgaini i r rid above recited AMs, as
fully and effectually to all ents and purposes as. if the
said bodies politic or co:?^:, bad been exprefily named
in the said A&.
For the PENNSYLVANIA PACKET.
NO one can be more hnfijle than the writer ot this
paper is, of the eviri attending discord and disuni
on among the Whigs of this State. Who nave given oc
calion to them ? Tuts is a Hion which wili be deter
mined by the impartial won . and, in a cooler season,
by the inhabitants of Pen" y nia. On the part of thole
who disapprove of the Coniu -ion, a plan has been pro
posed, which they fl.ttereo tbemfelves, would nave a
tendency to procure immediate union and lading latis
fa&ion. It is with pleau^ that 1 fee a plan iugg§ftcdin
the hit Packet, by one who profeffes himteit " n Ftienl
“ to the Government hires i, edabhfhed." When pro
posals are candidly made, ^nd candidly compared and
considered on each tide, mere a the greatest reason to
hope that some may be found, which will prove agreea
ble to both.
fhepropofals on one fdere that the Allembly should
immediately recommend litre.:boa ot a #ew.Conventi
on, and that till the Cun^mi^ meet, all the Whig In
terett fimuiri unite in tuppt^ng the Aflembly ano the
Executive Powers ot the ot e, in every meakue necefla
ry tor its tiefence and R(ur* f . Ihe proposals on me
other fide are, " That a ^. itte should make such a
" plan of government as the hit&ircn who appointed
" the Committee who wrote toe Circular Letter, ap
“ prove er, or Ihouid alter relent in luen parts as
" they disapprove or, that ' plan ihould be publiibed
" to the people, that the ■ in b ade by the late Conven
'' tion and this plan mould ^ trly circulated through
“ the State, and after the . w have had time allowed
“ them to confider and co up e them, that their sense
"be univerlab, and fairly t. ~ which plan tney would
" chu'e, and that their ct # :0 00 preferred.—That in
" the mean time, all parse, sh ula join to opus the
“ Courts ot Justice, anti t \ecutcthe laws, that civil au
" thority may be reftofed, ad the cauie legally lup
" ported.
Let us <ake a comparative of these different pro
poals. It would be highly uupio^er to make a new plan
or make alterations in the pt? - nt, bj the Committee, in
the manner propoled. The gentlemen who appointed
that Committee can judge for 1 ^mielves, but they pre
tend not to judge for the „lt < 1 tie State. Inis would
be giving greater reaion than ziy have ever given; for a
fappolition that " they are determined to iqrfer no ,0,
" vernment to take place bat that.of themfdves," it is
probable indeed that t^fame objections have the fame
weight in different parts at the State, out the gentleman
who appointed the Committee, have no authority to take
this for granted. They can Ay that a very general &i(-
like to the Constitution prevails ; because they can fee
its effects ; but they c.mnot fa) upon what particular
parts of it the dill ke ot each perion is grounded.
However, to come as near to the plan of rhe “ Lover
" ot Order and Peace," as an individual can come, I
will th >rtly date the objections of an individual to the
Conftiturion of the late Convention.
My firft objection is againit the oath of allegiance re
quired by the Confutation from every officer, whether
executive, judicial, or military, ' 6 net to do any a& or
“ taring prejudicial or injurious to the Constitution or
“ Government, as eltabiilhed by the Convention/ ' This
is Ibutt'ng the door againit every improvement, that rea
son or future experience may fugged. It is laid, that
this is an unntcefaty part of the Constitution. 1 admit
itro tea very unjujiifable pm : But dill it is a part \
and a cmiplian^e wah it isjliil demanded. It is laid
by some that “ thole who take this oath, are not pre
“ eluded thereby from concurring in, or promoting any
“ rft or thi g which may improve and amend the Con
" dilution.” Oheis view it, and hare given the most
fohd proofs that th: y view it in a very different light :
And indeed it is difficult to account for the infection of
ti.efe words, “as eftabliJbed by the Convention, upon
any other fuppofrtion, than that the Convention meant
to bind all the Officers of the State net to concur in any
alteration of the plan formed by them. But the lead
that can be laid, is, that the oath is ambiguous and equi
vocal. Nooath deserving theie epithets ought to be re
quired. It is dangerous thatthe Assembly Should exer
cHe a diffteniinf p ^ r in this instance, it foiius a piece
dent for exer iifin^ it in other instances.
2. A Legiflat ire flinnld not config of ? single body.
B"t here the cry is, that gentlemen and rich men wif h for
a House of Lords, That this is mere declamation is pb
vious. A Legiflarive Council chosen by the people, is no
more a houje of Lords than an Aflembly choien by -he
people : Indeed n is an excellent, and perhaps the only
expedient for preventing a Legislature confiftin, of one
Rouje from becoming a Houfaf Lords. Rich Men in a
Legislative Council and an Assembly, mutually controll
ed by each otie<, are certainly less dangerous than in an
ril nißy auhoi * .... . , ,r,troul. All the oinr States,
except one, hive two A^cfs, n: era has a Ho„J^
of Lords.
3 The Executive ^ Judicial C • <r-s of the State
^e tea dependent on : Legifliri:e They receive
tnen ja/arjfs from tin 'ri'.moly :" <v are liable to
" be i.ftpgachr-d by tt• Ati nibl)," ,'it brat a trial by
Jury : "Tne imptac . rt.ah be before the President
"or V ce-Prr.fi lent a uicii;" so that all the Judges
will be depenceimtupc:. .:A',r?yfWors f rfoajr fa arics,
and one or tavo cf them for iheir appointments cho, as
" the Ptehdent and Vice-i'ref.l:nt u re to be chosen by
' the joint ballot of the Affemriy ind Council,” and the
Assembly are much more numerous than rise Council :
“ There shall be no rtmriliun or mitigation ct punish
“ merit on impeachments, except by aft of the Le
“ • flatue,” that is, of the AfUmbly, who are the pro.,
fecutors. Is not the j o^er of.tbe Afirmbiy too formida
ble ?Is net the lima.in of the Executive and Judicial
Officers too precarious and dependent ? Itis not enough
that good laws fliouid bp made, it they are not faithfully
ardfeadily executed, they are Worse rhan blank paper.
An impartial administration of jfi.ee is of the &?, im
portance to a hate. I his cannot be exp.&id ir the Judg
es are dependent.
4. Too many offices are in the gift of the Assembly,
Under the former government, the Assembly wcr,e jufti
lieu in their tenaciousness upon this bead, because offi
cers, not appointed by taem, were appointed by the G<-
verror, who derived his authority from the Crewn, &<
the Proprietaries, and not from the People. But this
reason loblifts no longer. The executive and iegolative
powers now draw their authority from the fam^ source.
There is greater danger of improper appeintment, in nu
merous than in Imall bodies. It feldum happens that the
perlon recommended is known to tht whole body : Thole
who recommend an unfit perfen, cannot be easily difeo
vered, and, confrquendy, carnet be e-lily called to an
account by the public.
5. A laudable principle in Government-- that of pre
venting an acrumul.tion of offices on the fame perfon—
is, in one inttance, carried too’far ; at least in the present
situation ot the State. A Member of the Affembl, can
not be a Judice of the Pe^ce. There is surely no incom
patibility or interference between the trusts: And, I be
lieve, it will be found an inconvenience, in most Coun
ties, that those who are fitteft for the former office, should
he excluded from serving their country, during the ad
journments of the Aftembly, by difeharging the duties of
the latter.
1 have less material objections to less important parts of
the Conftitu ion : No plan can be formed 10 as, in all its
party to please every one. The objections 1 have men
tioned ar not ail of the fame weight: If the three, or
even the two firit were removed, I should think it my du
ty patiently to wait till time and experience would bring
about a removal of the others.
The publication of these lentiments will not, I hope,
be imputed to vanity : They are the fentimenis of an in
dividu 1. But to return to the proposals under considera
tion-—.
Suppose a new plan, or alterations of the present plan
to be pubti.fhe<l, and circulated through the State ; in what
manner, and on what points shall the sense of the people
be universally a»d fairly taken ? It naturally may, and
probably will happen, that they would chute neither the
plan of the Convention, nor the alterations prepefed in
ir, nor the new plan, in every part ; but that they would
chufe some parts drawn from each. What is to he done in
this probable case? How shall each individual give hi#
fentnnenfa ? Tlow fh.rli the sentiments of the whole be
collected ? After they shall be collected, how, arid by
whom, fhfll they be compared ? Ehdlefs and inextricable
d faculties occur in all these points. Will a Charter time
he employe.l---will le^ conlution be occasioned--- will a
happier result be formed by this mode of proceeding, than
bv a Convention ? Certainly, no. If a Convention is
choien, the members will be informed and instructed by
their conftituenti; and by comparing the infractions from
the fevtral pairs of the Stite, a better judgment will be
formed of the opinions of the m jerity, than by any other
method that can be suggested. The idea of a Convention
is not necefiarily conni&ed with that of an alteration of
the Constitution. If the sentiments of a majority of the
people are against any alteration, none will take place.
But this advantage will follow : It will then appear, tho*
it has n. ver appeared bithesto, twatfuch ate the sentiments
of a majority : And the minority will know it to be their
duty to acquiesce.
Io tnat' part of the plan, which proposes “ that, in
the mean time, all parties should join to open the courts
of justice,” there ties an evident objection. The courts
of justice cannot be opened, under the Confiitution, uniefe
the Judgesiwe ir " not to do any thing prejudicial or in
juntas to it." An agreement to this cannot, with any
degree of equity, be in/ifted upon.
I here is another part of rhe proposals, which I have
not yet mentioned : It is, “ that all the inhabitants of
the State Should be called on to renounce all allegiance to
the Ciown ot Great-Britain, to acknowledge the right of
the State to independence, arid te engage ,0 fuppert the
iame;J and that “ none but such as co this be entitled
to a voice on the occasion.” With this I most heartily
concur. Itis not my wish; and, as far as I can judge,
i is not the wish of any in the opposition to avail them
Selves of the voice of a tingle perlon, who joins not in this
g and principle—that the government Should be founded
on the authority of the people.
ADDISO N,
o^^ ow^wwwom^
CHARLESTOWN, (South-Carolina) April 2^„
WE have just now learnt, that the fleet to fr'
from Jamaica, on or about the first of May,
will consist of one hundred and seventy fix fit/, very
richly laden, having on board, besides their usual car
goes of sugar, rum, cotton, coffee, &c. alarge quan
tity of Carolina in,digo, purchased in the French ilLnds:
That they were to be convoyed, as far as Bermuda,
bythe Maidftone and Winchebea frigates of twenty-'
fixfguns each, the Badger and Porcupine sloops, of
Sixteen and fourteen guns, and the Racehorse armed
veff:l, of ten three pounders ; and, from Bermuda,
home, By rhe Maidfone.—This information was ob-