The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-09-04 00:00:00, page 2

bjpAions aga.infl *' RHI for Incorporating the City
t' Philadelphia.
(Continued from our last.)
THE 25th and 2^th chafes of the bill ; firfl, con
ftitute t'e city a port for loading and unloading
of goods, and such and so many of the wharfs there,
to be lawful paces for the thippinc and landing of mer
c.anjz, as by the mayor, aldermen and common
council (hall be thought ex edient: 2dly, 6x the ex
tent of the port (as yet a Secret to be afeertained by
the bill, when the blanks in it be filled) gdly, the cor
porate body of the city vs to have it in their power
to declare uch other places in the Rate, as they fee fit,
to be members of the port of Philadelphia, or landing
places within tire feme. Under this last power, the
good people of the boroughs of Chester and Bristol, may,
if they benave well, be favoured with the privilege of
having their towns declared members of the port of
Philadelphia, and leenabhd to (hip and land in a limited
manner, but they are to ^joy tlris indulgence, “ from
time to time " only as the city corporation shall graci
ojfly indulge them.
A few words are necessary to open this fubjeCt. The
prerogative of the crown of England was formerly
competent to declare and effablilh ports and lanaing
plates ; but when this wasonce done, they were beyond
the controul of the king. After the import duties
were introduced, great abuses happened from the lax
ity of old grants of ports, for goods were lauded in ob
feure and private corners of them, and the public re
venue w.s evaded. T became necessary therefore to
ascertain, not only the bounds of ports, members and
creeks*, but to fpecify the particular wharfs, where
at merchandize, lia l le tocufloms, (hou!d be flipped
or landed. To effect this, parliament twice jnterpofed
its authority, and enabled the supreme magistrate to
appoint commissioners to survey and fix precisely, but
permanently, the several ports, and the landing places
within each.
Will not the reader, after this explanation, be afto
rifh-d that the petitioners for incorporating the city,
Repaid be so extravagant as to put in their bill, (for it
i said. their original draught is Bill unaltered) so trans
cendent a revolution and transfer of legislative autho
rity,as the foregoing? How could they think that any
assembly, that were not fools and mad, would make a
grant of this nature to a local corporation, whole mem
bers, it is probable, would be under mod special temp
tations to abuse it? The request indeed difeovers the
true corporation spirit of monopoly and confinement ;
the very temper of an English borough, long practiced
in the narrow and illiberal trad of diflreffing industry
by bale bye-laws. We have it from high authority,
that "by mens' wo ks, ye shall know them." -What !
shall it depend on the pleasure of the city common coun
cil, to licence the use of the wharfs in Southwark or
the Northern Liber y? On men, who perhaps have
wharfs of their own in the city, and may think to dou
ble the value of these estates by denying the corn to
their neighbours. But this was in the old city charter;
so it was, and this among other foul articles of that
charter, was the reason why it was odious to the pub
lic. William Penn's grant was void for want of pow
er: and the late corporation never dared to exercise it.
The 27th feCVon is designed to empower the mayor,
recorder and aldermen, without the common council,
to appoint a water bailif and confervater of the water
of Delaware, with an undefined jurifdi&ion. Besides,
other authority a ffigned to this bailif, by the law books,
he is to aft as a (heriff on the water. What range,
up and down the river is designed for him, doth not
yet appear, because of blanks in the bill. As an a
greement is in profpea, between New-Jersey and this
Rate, for diftributjg the islands and adjuring the ju
rifdi&ion of the bed of the Delaware, as far it is a boun
dary between the two slates, this part should rest till
such agreement take effect. A dubious authority only,
can yet be given within that river. But would it not
be more Ample and proper, that the islands falling to
vs, and the river bed, for the purposes of the said agree
ment, be declared parts of Chester, Philadelphia, Bucks
and Northampton counties, than to give this jurisdic
tion to the corporate body of the city, and their officer
of unknown powers.
Section 28th gives power to the city corporation to
appoint “ such other officers," without description or
limitation, not named in the bill, " as they may direct
or appoint." Perhaps a fheriff and coroner for the ci
ty, &c. —such appointments would not contradict the
confliution more, than those of aldermen justices, in
troduced by the words of the bill.
If r is were not too serious a fubjeft, whocould for
bear Ihak ng his sides at the 30th lection. It prohibits
the mayor and commonalty from exercising any pow
ers in his Bate, repugnant to the confiitution there
of. These mull be mere lullaby words, to quiet the
people, who love the conftitutiom. But what a farce
is thi<! After propufiug a multitude of violations of
the fpiri and words of our fundamental in flitutions ;
to fay, that the corporation of the city (ball not exer
cise any power contrary to the constitution! Do the
friends of rhe bill imagine, that the representatives in
assembly, who have severally and Solemnly sworn not
to violate the constitution, will thus openly and avow
edly fl in the face of it? Or if we could fora moment
suppose they should, that the people would submit to
such flagrant doings, From inattention we mufl cha
ritably suppose, the spirit often, and Sometimes the
letter of the confutation have been contradicted by
former affembßes; but if the present bill pass, the house
might as well undertake to repeal it altogether. Some
* Statute ift. Eliz. c. 11.—13th and 14th. Char. 2d,
c. 11. f<Ct. 14. Blackstone, vol. 1. p. 264.
Port is the longest term. The city of Chester enjoys
the privilege of being a port. Liverpoole is only a
member of the port of Chester; yet in modern times, Li
verpoole has been allowed a custom-house apart. Creek
is a (mall haven, where goods free of duty, or goods
of a bulky nature, may, by special licence, be Snipped
or landed. These terms are known in the law ; and
when used in an aft of assembly, have a certain mean
ing. See Crouch's British Cufloms.
may think this clause may obviate moftof the objec
tions, here flared; but, without doubt, the authors
of the bil exped, that their great machine, once set
agoing, will bear down all opposition, and that the
conflitutiop, with all its adherents, will be found light
as vanity, against the all-powerful corporate body of
the city. These men may, however, find themselves
greatly midaken.
The last feHion affords an objection not of the fmall
efl size. To a people burthened with taxes, as the ci
tizens of Philadelphia are, it will indeed be a capital
one, that the eflate of the former corporation of the
city, yielding at present a yearly income of 200&I. per
annum, and capable of improvement, should be taken
from the city wardens, who apply it to (upport the
nightly watch and lamps, and the public pumps, and
be transferred to a body, which is wholly unaccount
able, to dispose of it in salaries, pensions and feafts, at
the pleasure of the members. Whilst the late mayor
and commonalty fubfifled, very few of the inhabitants
were indulged with any knowledge of the disposal of
tois fund. They could only guess what became of it,
and these guffes were not very honorable to the cor
poration. If this bill pass, the salaries of the nume
rous officers, named in the bill, and those that may be
created under the large words of fedion the 21st, will
doubtless soak up the whole.of this fund, together with
all the fines and forfeitures which the city court can
impose and secure. The recorder would certainly be
entitled to a comfortable (hare of the money for his
ferviers on this occasion. But then the wardens mud
levy 20001. annually upon the citizens, inßead of this
income.
It is manifeft, from the accuracy of the bill, that
the drawer of it must be a person of very considerable
legal knowledge : such a one could not forget the usual
clause, inferred in all grants of corporate powers, li
miting the landed property, which the intended body
politic may hold. This would indeed force itfelf to the
view of the compiler, upon his necessary infpedion of
similar ads heretofore passed. From the omission there
fore of every idea of this nature here, we may fairly
deduce the dark and dangerous designs of the promo
ters of the bill. A city charter, without some rettraint
of this kind, would indeed be a monster. What mo
tives are we to assign for an aft of parliament, passed
in Britain in the year 1736, incapacitating corporations
generally from making any new or additional purchases
of land or real property? Future grants, devises and
other transfers of it to such bodies, were thereby de
clared void. If this was politic and proper there, how
much more prudent and suitable would such a general
law be within the United States! See flat. 9th, Geo^
2d, c. 36th.
Another objection rises from hence, that as the of
fices designed by the bill would be new, they could
not be included under the law, which incapacitates
non jurors from holding offices. The elections by the
citizens at large proposed by the bill, are indeed limit
ed to be made by such as be qualified to eleft at the ge
neral elections, but nothing isfaid of the elected. Per
haps this is mere omission.
Reflections on this extravagant bill are left to others.
It affords anample fund for them. The most obvious
is, that the friends of the bill mus shave supposed eve
ry person in public Ration or private, b sides themselves,
to be wholly engrossed in other matters ; and that they
could carry through a bill seemingly for a local pur
pose, but teeming with mifehief to the city and the
Rate, without opposition or obfervatioo.
DEMOCRATICUS.
Our readers will certainly be entertained with a few
extracts from a pamphlet lately published in London,
under the title of " Observations on the Commerce of
the American States with Europe and the Weft-Indies
including the several Articles of Import and Export."'
The Pamphlet was published since the present British
Miniflry came into Office, and is diredly pointed against
the Aft of Parliament lately proposed, for giving the U
nited States certain Commercial Privileges.
TH E author, who seems to be well informed, enu
merates the articles we require from Europe, and
fhofe we get from the Weft-Indies. He alledges, that
much more than half of the goods we shall import from
Europe mus fbe of British manufacture, and that of the
remaining goods which are manufactured in France or
the Netherlands, Germany, Sweden, Raffia, or in the
East Indies, the greatest part of what we shall import
must come through Great-Britain, because our mer
chants are too poor to make immediate payment for
the goods they want, and no merchants, except the
British, are able or willing to trust them. He observes,
that we import little else from the Weft-Indies than
rum and sugar. That we must take our rum from the
English islands, and our sugar trade will be divided
between them and the French. The reader may amuse
him elf in considering how we are to pay for all these
goods, in the mean while we shall inform him how we
are not to pay for them. We are not to be fuffered to
carry any of our produce to the Weft Indies, and it
seems to be intended, that the British should save us
the trouble of carrying much of it to Europe. The
British Weft-Indies are to be supplied chiefly from Ca
nada and Nova-Scotia.
" The lumber of these colonies (fays the author, viz.
“ Canada and Nova-Scotia) is the best in America.
“ Some little time may be necessary before a full sup
" P y of all the articles they can produce will be ob
'' tained; but it will be better for this country to al
" low a bounty on lumber conveyed in British veffe's
“ from Canada and Nova. Scotia to the Weft Indies,
" for a limited time, than to (acrafice our carrying
“ trade ; also a bounty on building (hips in Canada
“ and Nova-Scotia, to be employed in the fifhety or
“ carrying trade to the Weft. Indies ; afo a small boon -
" ty for a limited time on making wheat into four in
" Canada, to encourage mills there, and to supply
" the fineries with bread and bifeuit.
“ Under the article of corn, it has appeared how
“ amply Canada can supply our islands. It appears also,
" that no part of the world furniffies greater advantages
“ for (hip-building. The Oak of Canada is heavier
“ and much more lafling than that of New-England.
" In short, it is unquestionably a fafl, that Nova-Sco
" tia and Canada will soon become capable, with a lit
" tie encouragement, of (applying our islands with all
' the (hipping, fifh, timber and lumber, of every kind,
" and with mill or draft horses, with flour and several
“ other articles they may want; and Bermuda ship
" ping may supply the islands with such articles as
" will be wanted from the southern flares, viz. Indian
" corn, rice, and the little tobacco that may be ne
cessary in addition to what is grown in the Weft
“ Indies, for the negroes." Farther on he fays,
" It appears from what has been dated, that there
“ will be no difficulty with refpeft to lumber and pro
visions, except in the beginning, and that may be
" obviated. British fllipping mast go from our islands
' and colonies to the American Rates, and cannot be
“ refuted admittance on the fame footing as in other
" foreign countries. We should not admit into our
' ports in Britain, the produce of one of the American
" state " 3" . the Dipping of another, unless they allow
' the (hipping of Canada and Nova-Scotia also to car
“ ry the produce of the Rates. If they should refufe
it they will lose the market of our islands, of which
they might always have a share through our fhip
ping* But no mandate of Congress will prevent those
of the Rates, wh'ofe intefeft it is, from (applying us
“ with any article we want.
" In competition with the American slates, Canada
and Nova Scotia will have many exclusive advan
" tages. We mtfft referee to our remaining colonies
those to which they are entitled. The inhabitants
“ of Nantucket arid the fifhing coast will migrate to No
" va Scotia for the fake of the superior advantage of
' our fisheries, and from other parts of the American
« Rates for different advantages, which British fubjeßs
" should exclusively have; but if we do not reserve
" those advantages to our colonies, not content with
“ the irreparable and for ever debating facrifice of the
“ loyalists and their property to the rebels, we conti
" nue to holdout a premium for rebellion. But if our
" remaining colonies are put on a proper footing, no
thing Could be more deftrutlive to their interest than
" a reparation from us by revolt or conquest.
" It will not be an easy matter to bring the Ameri
can dates to aft as a nation, they are not to be fear
" ed as such by us. Their climate, their flaples, their
" manners are different, their interefis opposite, and
" that which is beneficial to one, is deflruftive to the
" other. In short, every circumstance proves, that it
will be extreme folly to enter into any engagements,
by which we may not wish to be bound hereafter^
“ It is impossible to name any material advantage the
" American Rates will or can give us in return more
“ than what we of course shall have. No treaty can be
“ made with the American Rates that can be binding
"on the whole of them. No treaty that could be
" made would suit the different interests ; when treaties
“ are necessary, they must be made with the states fe
parately."
After they have considered the tenor of the above
extracts, our readers will not be surprised at the fol
lowing note in the fame pamphlet, under the head of
Ship Built for Sale or Freight, viz. “ It is difficult to
'' fee the advantage the New-England provinces will
" derive from the independence and separation from
“ this country ; such rights as we have, point out that
it must be ruinous to them, and that nothing wou ; d
'' be more to their advantage than to become again
" part of the empire."
If it is true that the definitive treaty had not been sign
ed on the 20th of June, and that no commercial regu
lations had been agreed on at that time, is it not pro
bable that the British miniflry have serious intentions
to cut us off from the carrying trade. They certainly
depend much on the want of union among the Rates,
and they observe with pleasure, that the Rates which
are most powerful must fuffer most by their fedudive
plans. The eastern Rates must be greatly distressed if
those illiberal nieafures are pursued which have just
been described. In the mean while, it is not to be
doubted, but the southern Rates will have so much af
fection and wisdom as to adhere-to the general confe
deration. No temporary alurements should induce
them to enter into separate treaties for their private
emolument, contrary to the true spirit of the union.
For they are well assured, that by defirting the union
they would deffroy themselves, and the only benefit
they could receive from their perfidy, must be the chance
of perilling la ft. With whatever avidity our merchants
have rushed into the arms of Britain, perhaps (he may
presently difeover that there is strength and spirit
enough in the union, once more to cut off the use of
British manufactures, unless we share in her commerce
on terms that are equal and honorable.
u^r^.^^r^^^ axg& ™ 0 = =^' : ™=== -===>^=zz===^~33=-—— ^^
LOND O N, July i.
It has Umg been the political error of this king
dom to raise tlie debt of this nation, to the involving of
ail in the concern for discharging the amazing interest,
the payment of which lies as an intolerable bu
den on the poorcit, demanding the taxes, enhancing all
p-ovifons, and deftruftive of all feience, (kill and
labour; and as provisions rife above par with other
nations, must destroy all our marketing o f goods in
time, both at home and abroad. This and the random
leafed advance of lands, has forced a lafling price of
grain, beyond all the foreign markets, uncorreChd,
these with many nameless oppressions, must urge every
geoious, labourer, and artist from this land, however
loath: with tears they must quit their native country,
and seek themselves and children a more friendly Rate.
It is a well known fatt to all, that senators have been
cbof n at the expeuce of all character and fortune, by
bribery, perjury, rioting, and the greatest b each of
tiie peace. Something to prevent it is therefore requi.
According to advices from Amflerdam, a (hip is ar
rived at the T<xel from the Cape of Good Hope, which
place she left on the goih of December, having had a