The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-05-06 00:00:00, page 3

PHILADELPHIA,
Ah ACT for making more equal ibe burthen of the Pub
he defence ; and for filing the quota of troops to be railed
in this jiate.
WHEREAS it is just and reasonable that the burthen
of the public defence mould be as equal as possible
upon every inhabitant of this state :
AND WHEREAS there are numbers of performs who,
by reason of age, and other incapacities, do not yield per
fount service under the Militia Liw ; and whereas all such
performs ought of right to pay an equivalent for defence of
their property ; Therefore, v # , ,
Be it evaded, and it is hereby enaßed by the Peprefenta
tives of tbs Freemen of the Commo wealth Of PennJybvania,
in General Afembly met, and y the au&rihof ibe fame,
That there Ihall be assessed, levied and collected annually
upon all the estates, real and personal, of every person not
fubje& to nor performing military duty by the Militia
Law of this Rate (except as hereafter ex epted) an addi,
tional sum equal to what such person fliall be' charged in
the state tax, in the manner herein after direfled.
And be it further endued by the author'!} aorefaid, That
the B >ard of Commissioners and Assess r s for the ,'ty of
Philadelp da and eacn bounty in ( is ft tie refpeHivHf,
are hereby empowered, required and enjoined, to dem nd
yearly and every year from the Lieuten nt of the city and
each county in the slate refpeaively, a copy, certified uh
der is hand and seal, of the names and firnames of all the
performs enrolled in the Militia within the city and each
county resp Lively, marking on the sud lifts such as have
been* excused by him, which certified copies the said Lieu
tenants are required to furnish, within ten days after de
mend, under the penalty ofFtfty Pounds, and the (aid
Commissioners and Assessors, when pffeffed of the afore
faid lifts or copies, are required to annex the additional
tax aforefaid to the names o eaca of the perfn found in
the returns afßorough, Townthip, Ward or Diftrift Af
fefforb, and not enrolled in the Militia rolls, either in a
fepxrate column in the Rate tax duplic te or a dupli ate
for that p rticular purpose ; whi h duplicates the Comm-f
fioners are required to deliver to the fevera! Collegers
for the flare-tax, wrh a warrant annexed, impowering
them to levy and colled (an opportunity of an appeal
being firft allowed) the said additional tax nd requiring
them to pay the fame into the hands of the County-Trea
fcrer for the slate taxes at the time appointed for t e pay
ment of the Rate taxes, and the said Commiffirners, Asses
sors an 1 Collectors are to be paid it the fime rates and in
the fare manner as they are paid for their ether Services,
fubjml to the f me fines and forfeitures refpeQively for
negled of duty, as they are by law fu je&t , for ne lefts
in the flate-t^zes ; and the f,id ad litronal taxes dull be
paid overby tne refpeftive County.Trelfurers to tie
State Treasurer at the fame time the ft te-taxes are by
law directed to be paid.
Provided.hfyrthehfi; and it so Archer ena%, by the
authority aforefaid That r>e:CTteß in Conyrefs, M rmbers
es the Supreme Executive Council, Members es A'fembly,
Justices of the Supreme Court. Mtfters and Faculty of
Colleges, Ministers of the Gospel and Clergy of every de
nomination, parents having ; fori or fimsuam tried living
in t^eir families fubjefl to or performing Militia duties',
or that may have had fu h fun or sons killed or captivated
in the defence pf this ft te, or any of the Unite I St tes,
widows whose bulb mds have been or fhab be killed or
captivate! in the service of this state, of any of the Unit-,
ed States, minors who m^y have had their f tiers killed
or captivated in the service of this or an of these U
nited Spates, makers or mistresses having in appren
tice pr apprentices fubje& to or performing Militia du.
ti s, are declared not to be within the intentiori or mean
ing of this aft.
And,^ * artfor na led ^b? authority afoyfeW, That
those of the good inhabitants pf this date whm are above
toe age of fifty three ye rs, and have ferwed any tour of
duty in the Militia, either in person or by fobftitute, or
have paid for fuchfubditute (hall be excused from the
payment of toe said additional tax for one year for eadh
of the said tours
And be it 'u 'her enabled by the authority aforefaid, That
if any two of the persons made fubjed by this aft to pay
the aforefaid additional tax, (hall or may have ' procured
one able-boiled recruit to inlift into an ' ©ne of the Con
tinental re im+nty belonging to the qu ta of this state,
for three ye rs or during the,war, they flxall be difeharg
ed and released from the said additional fax, during the
term of the said inliflment. ,
JAMES M'LEN E, Speaker.
EnaAed into a law at Lanca to, the twenty sixth of
December, A. D, One iboufand /even bundled
and Juvenffeven.
'JOHN MORRIS, Junior,
Clerk of General Assembly.
Capt John Doudafs id the privateer schooner Hunter,
of this port, in ht. 39. N. Cape May, bearing W. about
25 leagued, fell in witnalar,e flpp, about fix, Al M.
which failed rom Liverpool, bound to New-York ; the
mounted <6 guns on her n-rain- deck, and 6 on her quarter
deck, and seemed well manned, with hoarding netting fe^
ven or eight feet high, fore amdaft ; her tops likewise
manned and provided vita organsand mufquets At half
past fix, A M. he engaged her, and the returned the
fire very brisk y The dispute was very warm for about
an hour, wien t tefhip crowded fail and bore away. The
Hunter fuffcred so mu h in her fails and rigging, that Are
could not follow her, having her main shrouds (hot awiy,
and her ties, mu h of tier running rigging and her square
fail boom carried aw ty, and many flint through the fails.
The damage done tfoe enemy we may suppose to be consi
derable, s they were not above 15 yards apart, when the
engagement began. The Hunter had but four men (light
ly woun led.
At a meeting on the third instant, of the Contributors
to the P nnfylvauiaTLfpital, the following Members of
that Corporation were choses, to wit, John Reynell,
Samuel Rho ids, Joseph Morris, James Pemberton, Fo.
b^rt S. Jones, Joseph Swift, WWiam Morrell, Jeb
Shoemaker, Samuel Powel, Joshua Howell, Samuel Fica
fants and Peter Reeve M Hagers, and Joseph Hilborne
Treasurer, for the enfuingyear.
On the 24th May a Court of Claims against the elates
of persons attainted of treason, will be held at Newtown,
for Bucks county*
A gentleman just come m from Boston, which he left
after the post, informs that the Tyrannicide had arrived,
a ter capturing two vessels bound for New-York; one
ladea with dry goods, the other with Weft India p/$-
duHb. Neither were arrived. The last of Capt. Hop
kins's prizes was fafe in port.
/ Mr. DUNLAP,
As the following stat? of Votes on an important question
may gratify the curious, I fend it to you for publica
tion.
ON the queftioe, Shall Mr. Arthur Lee be recalled?
the Yeas and Nays being required by Mr. Smith,
STATES. YEAS. NAYS.
New-H mplhire, - - Mr. Whipple.
Massachusetts-Bay, Mr. Gerry. Mr. 3. Adams,
Mr. Lovell,
,Mr. Holton.
Rhode Bland, Mr. Collins. Mr. E lery.
Connecticut, - - - Mr Sherman,
Mr. Spencer.
New-Tork, Mr. Jay,
Mr. Duane,
Mr. Morris,
Mr. Floyd.
New-Jersey, Mr. Fell, Mr. Witherfpohn,
Mr. Scudder.
Fennfylvania, M r Atlee, Mr. Armstrong,
Mr. Muhlenberg, Mr. Searle,
1 Mr. Wynkoop. Mr. Shippen.
Delaware, Mr Dickenfan. Mr. Van Dyke.
Maryland, Mr.,Pac^
Mr. Carmichael,
Mr Henry,
Mr. Jenifer.. &
Virginia, Mr M. Smith,
M r - Griffin,
Mr Fleming.'
North-Carolina, Mr. Penn,
1 ' Mr. Burke, 4
Mr. Sharpe.,
South Carolina, Mr. Drayton. Mr. Laurena.
Georgia unrepresented.
VEA 3. NAYS. DIVIDED.
New-York, New Hampshire, Rhode-Ifland,
Maryland, MOTacufet s, Pennsylvania,
Virginia, Counefticut, Delaware,
North Carolina. Nrw-Jtrfey. Souta-Carolina.
The Hon Mr. R. H L't, from Virginia, was at his
request excused. The Hui Messrs Plater, from Mary
land, and M'Kean, from Delaware, were not in the
House when the quefiion was called.
To Mr. JONATHAN SERGEANT, Attorney
General of the Rate of Pennsylvania.
SIR,
HAVING seen in Mr. Dunlap's paper of April 29th,
!I'9, a publication of Mr Franks's letters with
miny injudicious and fcandaloas insinuations again# the
Jury who fat upon his trial, calculated solely to prejudice
the minds of toe people again ft them ; I take it for grant
ed that you are tieauthor, from some warm expteffions
you were pleated to make use of, when you were offlcioufly
likening at the window where t'e Jury fat, that you ''would
publish is letters," and your exclaiming against their sup.
p fed pimon in a loud manner when you returned to Court,
by faying, " it was not worth your while to indi& any per
son 1. ereift er " for that “ you kn,w how the verdict
would go, &c." The mode of your obtaining this know
l-dge, when a flrifl direction was given by the Cmrt to
the contrary, caftsa (hade upon your integrity, and Ihews
the malignity of your temper, in a case which was at that
moment in the utmost ftite of doubt and suspense.- Now,
Sir, if your remarks meant any thing, they conveyed this
idea, that a part of the Jury were perjured, and you have
art ully calle I upon them to retra& toe verdid which they
gave belote the Court, and that too upon their qualifica
tions. Do you really think, because you are Attor-
Ni y Giner al, that you have a right to intuit in the pub
lic newfp^per.% the Freemen of this state, especially those
wed are upon path to do jufii^e between the commonwealth
of Pennfytv mia and a person Whom you thought proper to
profecute'? -Be assured, Sir, you (hall not ; nor shall this
infylt upon the rights of citizens pass with impunity. The
firft bil you drew up against Mr. Franks was for High
Tre fen it was presented to thegrand Jury, and they re
turned it ignoramus. You then preferred another, or mis
prision of Treason, in whi h tne Jury likewise refuted to
gratify you, for they could net make "it more tnan a mis
demeanor. You pledged your swordand boner te theJury
that you wopid support yourfavourite bill, by a law enabl
ed by t: e Legislature of this Rate, for punishing High
Treason andMifprifion ofTreafon,which law the Jury took
with them when they left the bar But when they came to
confider the circu it fiances relative to the case before
fhem, they found that neither the evidence nor (he law you
dwelt so tediously upon, would support them in finding
Mr Franks guilty, agreeable to your bill of indictment.--
And will you dare to fay that the Jury had not an un
doubted right to determine the fad, that is, Whether Mr.
FrmKß did or did not commit the crimes charged against
him in the bill? And whether agy twelve honest men up
on their oat. s could confident with,their conference, find
him guilty upon that in, id nent ? Whether you ought to
fay it, I leave so those who are better acquainted,with the
law than 1 aiv, to determine. And now, give me leave
to tell you, Sir, if there was any crime in Mr. Franks's ac
quittal, it isa crime chargeable upon,o#, and not upon
the Jury. If public juflice appears to you to have been
eluded, it must be ascribed to the errors of YOUR head,
and not the deletion 01 th*f* hearts ; for by,our over
charging the bill, you have effectually ^charged the pri
fonur. I am Sir,
A JUROR
Philadelphia, May yb, 1,779.
To S YDNE Y.
TXT H Y so touchy about the reflections on the Jury who
' acquitted David Franks of mifdemeanour, in fend
ing important intelligent to the enemy ? Were not such
oveit-a&s accounted crimes in all ages and' in every nati
on, and always punished as such ? Would it not have been
criminal, had the law of this State, declaring it to be mis
prision of treason, nev®r been made? This, you fay, is
the firft attack upon Juries ever made in a free country.
Pray, Sir, where are Juries used under an abfolufe govern
ment ? Or in whqt country are Juries, at this day, in use
at all, except in Britain, Ireland, and the countries de
rived thence.
But have the verdicts of Juries always passed without
censure heretofore? Not to mention the right of free dif
cuffioa and examination, at all time, exercised by the
public over Jurymen, as well aa other officers oft e State;
fureiy, the writ of attaint, which lies at common law
against Jurors for a jalfe verdift, is not yet forgotten.
Upon conviction, the judgment is, t at they beini'arpeus;
their lands and tenements sequestered, their wives and
children cast out of doors; houses prostrated; trees rooted
Upl meadows ploughed, arid bodies imprisoned. It is
true that tois strangely terrible proceeding is, at this day,
put of use; yet verdias are very commonly set aside, for
being contrary-to evidence, and new tria ls ordered. How
ignorantly then has this fuperficiJ writer arrogated, in
favor of Jurymen, .an infallibility, warr nied neither by
law nor reason ? Perhaps he' is of the tribe of dablers irj
science, who can difiiuguifh between * Lacedemon and
Sparta, and flourish away upon the excellencies of the
constitution of each of these States. -,
DIOGENES.
* See a piece Jigned Lw'Ao^ in the fetrnjyllaniafou? ra
aal of Maj z%tb, 1777, No. 1 79^
^^^t^r±^±r± ^^^^rf:^ d^e^ $
' > TO BE SOLD BY
JOHN FL AHAVEN AND Co,
At their store in Water flreet, hear WalDptttrtet,
A QUANTITY of Spirits, Weft India and Con
<l tin^nt Rum in hoglheads and tierces, Mutcovado
Sugars by the hogflu^d and barrel, B&hea Tea by the
chest, a few bags of Pepper, and a box o' Medicine
neatly put up in London, with printed d ; re&h s ns.
JAME S B UTLA N"d,
FRINGE and L&CE MAKER,
BEGS leave to inform the public in general, ahd
his friends in particular, That he is removed cut
o' Front-street into Second (best, between the Bridge
and Spruce-street, where may be bad all kinds of UNI-'
FORMS for the ARMY.
Shop-keepers, coach-makers, natters, fiddlers, and
others, may be Applied wjth all kinds pf WORSTED
BINDING, LININGS, TAPES, fach U orrift, girth
webs, fringe of all forts, line and tassels for bed and
window curtains, &c.
, Philadelphia, May 4.
GER MAN FL Ul' Fj -
Raymond Jegu, takes thh method
sf acquainting the Public, That he is lately ar
r ved in this city, and purposes teaching the German
Flute in the newest and meft approved method -
Any Gentlemen inclining to learn this eleg nt amuie
m?ut, will be immediately waited on by apply ng for
him at John FryMout's, B ker, in Back horle Alley;
between Market >nd Chemut streets.
N. B. He allo makes, repairs and tones German Fluted
in the belt and most approved taste, and on the fhorteff
notice.
To the PUBL I C,
fr H E fubfeiber has a neat FAMILY WAGGON n
1 which goes as a ST AGE on Wedn^fday and Sa
turday morning from the King of Pt <ffia in Grman
town to the Widow Rafer's at the corne cf Race and
Second-streets, Philadelphia, and ret rns t'e <ame day.
Snid 'Waggon will also go any ddt nee Apply to
GEORGE HAAS.
W A N T E D,
A YOUNG WOMAN, with a good breast of Milk,
1 who can be well recommended. Enquire of the
Printer.
WA N t' E D^ '
AGIRL who will undertake to cook and waffi for
" a small family, and can be well recommended©
Enquire of the Printer.
One Hundred Dollars Reward.
nAN AWAY from Mr. James Sharp's, in SadlbuX
iy township, Chester county, on the tenth of April,
a remarkable likely N>gro m^n, very black, named
ABEL, about twenty-two or twenty three years of
age, five feet ten or eleven inches high, with a mole on
his left cheek § had on a felt hat bound with white bind
ing, a fnuff co cured coat made regimental fashion, a
Lght coloured cloth jacket, grey wo llen overall#, and
half worn Ihoes: It is supposed he has made for New
cattle county, as some of his friends live rtiere. Who
ever trikes up said Negro and brings him to Peter Grubb,
at Hopewell Forge in Lane^fhr county, or lecures him
in any gaol fe that his master may have him again, lh 11
receive the above reward and reMonahle charges, paid
by CURTIS and PETER GRUBB.
EIGHT DOLLARS REWARD.
STRAYED away on Friday morning the
° thirtieth of April, opt of a stable in Lodg? Alley,
a small redifli CO W, with short horn«, one of them
turns down a little ; she is near calling. Whoever
rakes up said Cow and brings her to Mis Sword's, in
L dee Alley, (hall be entitled to the above reward.
' — . —^
Philadelphia, May 4.
FOUR DOLLARS REWARD.
I— AS LOST yesterday, betwixt Front and Wa
ter streets, in Vine street, a SHOE-BUCKLE-
Whoever has found the fame and will deliver it to the
fubferiber living in Pine street near Front street, (hall
receive the above reward.
ARTHUR HARBERT, Shoemaker.
Fine parchment, shop paper,
and PASTEBOARD, to be fold by JOHN
DUNLAP.