The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-04-17 00:00:00, page 2

PHILADELPHIA, April 17.
hACT declaring replevins, attachments, judgments, and
executions, in certain cases, to be erroneous and void,
WHEREAS divers writs of replevin have of late
been granted and issued for goods and chattels,
taken in execution, and for fines and penalties legally in
curred and due to this commonwealth, to the delay of
public justice, and to the great vexation of the officers
concerned in taking and levying the fame.
Be it enabled and declared, and it is hereby enafted
and declared, by the Representatives of the Freemen of
the Commonwealth of Pennfyvanis, in General Assembly
met, and by the authority of the fame, That all writs of
replevin, granted or issued for any owner or owners of any
goods or chattels levied, feized,.or taken in execution, or
by distress, or otherwise, by any Sheriff, Naval Officer,
Lieutenant, or Sub-Lieutenant, of the city of Philadel
phia, or of any county, Constable, Colleger of the pub
lic taxes, or other offi er acting in the several offices under
the authority of the state, are irregular, erroneous and
void: And that all such writs may and shall, at any time
after the service, be quaffed, upon motion by the Court
to which they are returnable the fai 1 Court being ascer
tained of the truth of the fad, by affidavit or otherwise.
And be it farther enabled by the authority afire Paid, That
the Court, besides quashing the said writs, may and shall
award treble cbfls to the defendant or defendants in such
writs, and also, according to their direHion, order an at
tachment against any Prothonotary or Clerk, who shall
make out or grant any such writ, knowing the fame to be
for goods or° chattels taken in execution, or seized as
aforefaid.
AND WHEREAS sundry judgments have been enter
ed by virtue of warrants of attorney, and attachments and
executions, issued against perform attainted of treason, by
virtue ®r in purfu nee of the aft of General Assembly, in
titled, <c An aftfor the attainder 01 divers traitors, if
" they render not themselves by a certain day ; and for
" veiling their estates in this commonwealth; and for
" more effedually difeovering the fame, and for afcer.
“ taining and fatisfying the lawful debts and claims there
“ upon f' notwithstanding a summary, speedy, and am
ple remedy is, by the said aft, provided for the bona fide
creditors of such traitors, to the great waste of the estates,
accumulation of suits, and unnecessary cofls, and^to the
preventing a proper enquiry into the justice of the claims
and demands of such fuif ors:
Be it enated by the authority afortfaid, That every judg
ment entered by virt< e of any warrant of attorney, and
attachm nt or execution; issued against any person attaint
ed of treason, by the ad of Assembly aforefaid, or after
the date of the proclamation of the Supreme Executive
Council of this state against such traitor, or which shall
hereafter be so entered or issued are hereby declared to
be void and of no effect ; and that no claims or demands
of any creditor, or other person whomsoever, against any
such traitors, may or shall be heard, allowed, or deter
mined, n any other manner than according to the di
redions of the ad of Assembly aforefaid, and the supple
ment thereto parted this present session of Assembly.
JOHN BAYARD, Speaker.
Evaded into a law at Philadelphia, on Saturday the third
day of April, in the year One tboufand seven hundred 1
and feveuty nine.
JOHN MORRIS, Junior,
Clerk ®f the General Affembly^
^polal of yonr Serine Highness, our High Admiral, and
are almost ready to take in the necessary forces, and re
ceive their charges. These might, in the space of a few
days, be Efficient provifionplly to secure and proted us
in those places where we stand most in need of protection.
Let then, we beseech, the convoys already granted not
be detainedeny longer. This, in the prefect conjudure,
depends enti^, yon your Serene Highhefs, as does like
wise the augmentation and doubling of the equipage.
Should we then, since right and equity 15 on our fide,
Lot get fatisfadion for the many infulfs we have borne?
Should the abusing and capturing of our vetfels continue
without interruption?
No, Generous Prince! and you will not takethis amiss,
we expect, we demand at your hands the protection of
•ur rights and privileges. By this you will keep thousands
and tens of thousands of the inhabitants of this country,
(whose only support depends on the commerce therof)
iron? ruin, and preserve them from poverty and distress.
Indeed we cannot, without emotions of mind, confider
the dreadful consequences which the lots of our free navi
gation will draw on us; the great loss wnich must be occa
sioned by rendering useless a large number of our ships;
and the yearly loss of so many millions as the State in ge
neral, and the inhabitants in particular, acquire by the
use of-our ships.
Let then, Serene Prince, we once more beseech you,
the danger of our free navigation rouse the zeal of your
Serene Highness. You know the fame, as well as we, to
be the only support of the State, and its greatest wealth..
It is certainly the fubjeft of our own concerns upon
whi'h wehave taken tile liberty to address your Serene
flighnefs ; but no less, we may with grekt propriety de
clare, 'are the concerns of our posterity included therein.
For their fake we looked upon ourselves as being under a
f cred obligation to speak up; for should we now be fi
while the necessity, the time, and the occaffon re
quires us to hep forth, our posterity might justly charge
us with well grounded reproaches; reproaches, such as
would come to the ears of your princely offspring, and
give them trouble perhaps when it is too late to be of any
use to them. ~.,.,,
This is the very point of time in which we may secure
ourselves against the present and all future arbitrary ads of
the Englilh, and to secure the flourifliing condition of cur
"May we have reason to thank your Serene Highness for
such an event! May our posterity for such glorious deeds
of our honoured Stadtholder, William the Fifth,
always keep in remembrance his bieffed memory, and
'thank him for having restored to them the freedom of the
seas I May God, who is good above all, bless your Serene
Highness, the Royal Princess your dear Consort, and
your Princely Offsprings ! So may flourifh with the House
%f Orange, the liberties of the Netherlands, and the pros
perity of our native country by a free navigation and un
retrained commerce.
Done at the Hague, the 23d of Oaober, 1778.
The said paragraph is as follows, viz.
" If any person or persons shall, contrary to the di
" regions of this ad, expose to sale and fell, or cause
" others to expose to sale and fell, by public vendue or
“ outcry, any goods, wares or merchandizes, (except as
" is herein after excepted) he, she, or they so offending,
“ shall forfeit and pay, for every such bifence, a sum of
" money equal to the value fold or exposed to sale, to be
“ recovered by action of debt, bill, plaint, or informa
" tibn, by any person who shall sue for the fame ; one half
'< part thereof for the use of the person so suing, and the
" other half thereof to be paid to the State Treasurer,
“ for the use of the state." The exceptions are—Of She
riffs, &c. executors, &e. or persons removing, felling live
flock, farming utensils or houfhold goods.
Monday,- Apr-1 sth, *779.
THE joint Committee of Council and Assembly, beg
leave to report to their refpeHive Houses, That in pursu
ance of the resolutions of the 25th of March last, they
have conferred with the Honorable Messieurs Paca, Lau
rens, Adams, R. H. Lee and Root, on the fubjeft matter
of the representation made on the said day ; —That the
fame hath been fully and freely difeuffed; —That the
Conferrees of Congress gave this Committee very ample
ahurances of the disposition of Congress to preserve the
most perfect harmony, and remove all ground of appre
hension or uneasiness frem the minds of the good people
Of this state. That such mutual overtures of friendfhip
and explanation have been made in the coarse of the laid
conference, as afford a profpeH of lading harmony and
confidence. And in order to cement md confirm these
happy and beneficial sentiments, and to disappoint the
enemies of the common -cause, who take encouragement
from all appearances of disunion, it will be proper to give
some open proof of the happy issue of this conference ; for
which purpose, the joint Committee beg leave to propose
to their refpc&ive Bodies the following resolves, as tend
ing to promote the important and defireable end afore
faid, viz.
Refolded, That unanimity and harmony between the
Representatives of the United States in Congress assem
bled, and each Rate individually, have been, under God,
the happy means of our past success, and the only fare
foundation whereon to rest our future hopes of terminat
ing the contest with Great Britain with honor and advan
tage.
Refolded, That the Legislative and Executive authori
ties of this state, entertain the most proper sentiments of
veneration and esteem for th^ Honorable the Coq^nental
Congress, and repose a perfed confidence ; n the wifdorn
and integrity of that Honorable Body, which it is their
intention to mtnifeft on all occasions.
Philadelphia, April 3d, 1779. Signed,
JOSEPH REED, President.
in behalf of the Council.
JOHN HARRIS, in
behalf of the Assembly.
COUNCIL observing, that the aft of Assembly of
this state, intitled, " An a& to prohibit the sale of goods,
wares and merchandizes, by public vendue, and to regu
late pedlars and hawkers within this state," is openly vio
lated by the faleof goods at auction in this city, as though
no such restraint were in force; and being determined to
bring the offenders against this law to punifament,
Ordered, That the principal enabling paragraph thereof
concerning vendues be published, to the end that all per.
sons, who may be proceeded against, may be without the
excuse of ignorance.
Extract from the minutes,
T. MATLA CK, Secretary.
tn COUNCIL, Philadelphia, April 6th, 1779.
THE above report having been made by the President
to the Council,
Refolded unanimous, That the Board do accept the
Erne, and concur with the Honorable House of General
Assembly in the above resolves.
Extras from the Minutes,
T. MATLA C K, Secretary.
1a CONGRESS, April 3d, ^7^.
THE Committee appointed to confer with the joint
Committee of the General Assembly and Council of Penn
sylvania, reported, That they have had a farther confer
ence, and that they, with the said joint Committee, have
agreed to two setts of resolutions, the one to be reported
to Congress, and the other to the General Assembly and
Council of Pennsylvania, by the Committees of those se
veral Bodies refpeclively.
The resolutions laid before Congress were read, where
upon
Refolded, That unanimity and harmony between the
Representatives of the United States in Congress affem
bied, and each state individually has been, under God, the
happy means of out past success, and the only sure foun
dation whereon to rest our future hopes of terminating
the contest with Great-Britain with honor and advan
tage.
Refolded, That Congress is highly sensible of the im
portance and services of Pennsylvania in the present con
test, and regard with sincere concern and regret every
event which may tend to lessen the mutual confidence and
affection, .which has hitherto fubfi fled.
Refried, That it is the full intention of Congress, on
all occasions, to manifeft the fame just and equal attention
to the said state and authority of Pennsylvania, as to any
other state in the union.
Refolded, That any difrefpeaful and indecent behavi
our of any officers, of any rank, under t e appointment of
Congress, to the Civil authority of any state in the uni
bn will be difeountenanced and discouraged ; and that a
Contrary behaviour, will be considered as one of the surest
means to recommend any officer to the favor and notice of
Congress. Extract from the M mutes,
CHARLES THOMSON, Sec.
The House taking the said report into immediate con
sideration, unanimously agreed t® the fame.
Extract from the minutes,
JOHN MORRIS, Jun.
Clerk of the General Assembly.
In GENERAL ASSEMBLY of Pennsylvania,
In COUNCIL, Philadelphia, April 16th, 1779.
To the Printer of the Pennsylvania Packet.
Mr Dunlap,
IF something is not done to prevent trustees and guar
dians from taking advantage of the times, in defraud
ing helpless widows and orphans, gre# numbers who have
lived in opulence before the death of their husbands or pa
rents, and had what was thought a competency left them
after their death, w..l be reduced to a state of indigence.
I am the only daughter of an indulgent father, who died
about fix years ago, and left me a pretty fortune in ready
cash, which he placed in the hands of a neighbour, whom
he trufled would administer ftrid justice towards me.
The interest arising from it has, till of late, enabled me
to live in a genteel stile of life, but in our country's pre
sent distress, only affords a scanty pittance; but that is
not the worfl, Sir! I am just arrived at age, and my
guardian insists on paying me the principal. Is not this
cruel hard in the present state of our money ! I appeal to
the guardians of our country, I appeal to the heart of
every honefl man, whether this be aHing the faithful
guardian, and whether laws ought not to be enabled to
prevent such undue advantages being taken of the widow
and orphan. lam a female Whig, Mr. Dunlap, and my
hopes and wishes warm for my country's success; but why
am Ito be thus the fuffeper! My guardian appropriated
my fortune to his own use fix years ago, for which he has
now a real estate which would fell for ten times the price
it cofl ; but he fays, it was your father's will that you
should receive your fortune in money. Thus, you fee,
what advantages our laws^ive to bad men, who aggran
dize themselves at the expence of the helpless orphan. I
have had a hint from a friend, that he would pay me half
the amount in hard money, if I would give a receipt in
full : How base such an offer? How deserving the con
tempt of a much injured helpless woman ! No, Sir, all I
desire is, to fee laws enabled impowering widows and or
phans, in such cases, to refufe receiving payments until
our money is reinstated in its original value; which, I
trust, it will e'er long ; thereby rendering those incapable
of taking an advantage, who have not h®nefty enough to
do as they would be done by : For though there are'laws
in force making our money a legal tender in all payments,
sure there might be exceptions in such cases as those, the
justice of which, at the present time, must be obvious to
every honest man, obliging all trustees and guardians,
who were possessed of money on trust before certain dates;
to be obliged to retain such monies in their hands until
the conclusion of the present glorious revolution; and
so confident am I that such a measure must take place,
that I fliall absolutely refufe to take my fortune at present-
I hope you will excuse my tiresome complaint, which
nothing but a sympathizing feeling for others in like cir
cumstances, as well as my own distress on the occasion,
could have induced me t® have troubled you. However, I
hope it will stimulate our people in power to take it inta
confederation. MIR A.
A H I N T.
AS the name of a Tory has ever been despised, and
some men are fond of being called Whigs that perad
veiture have but little title thereunto : Query, Whether
every true friend to his country ought not to make a
point of appearing on parade next Monday ? That being
, a company day by the Militia Law. FOLIC&
Extras of a Wer from the Continental Agent at St. Q S
ftatia, to the Honourable Commercial Committee of Con
gress, dated April r, 1779.
'' We have the pleasure to inform you that the prohi
bition on exporting powder, arms, &c. here is taken off,
and we have free liberty now to fend those articles to any
part of the world."
Published by order of the Committee,
MOSES YOUNG, Secretary.
Extfafi of a letter from General Lincoln, dated Futyburgh,
March 7th, 17,9.
" After the enemy left Augusta, General Aflie, who
was Rationed on toe eppofite fideot the river, was order
ed to cross and take poll at'or near Briar Creek lower
bridge, 7; thereby he would cover the upper part of the
country, and as this was considered one of the strongest
polls therein, his left being secured by a deep swamp
and the Savannah, his front by the creek, which at this
place is unfordable, and about sixty yards wide; be
sides, he had a p rty of about two hundred horse to cover
his right and rear.
'' Boats were provided for the troops to recross the Sa
vannah, in case the enemy sh uld move against them in
force, and the baggage was sent over tie t tney might not
be encumbered therewith, in cde they Ihould be obliged
to retire into the country. Ew, notwithstanding, on "the
third instant, at three o'clock in the afternoon, the ene
my fell into his rear (Lis horse at that time being over
Brier Creek in front) and began the attack so suddenly
that the General had not time to form the whole of hs
troops, which amounted to about 1200 exclusive of the
horse; those which were formed loon gave way, though
many officers exerted themselves to prevent it (excepting
a few under General Elbert, and one or two regiments of
North-Carolina militia) f ane, he informs mq without fir
ing, they took to the swamp, and escaped either by fivim
min^ the river, or being brought across in boats.
“ His loss of men is very inconsiderable, General Afhe
supposes one hundred and fifty or two hundred, but since
he gave me this account many have come in ; and I hear
from a person just now from Augufla. that fifty of them
are at that place. One brass field piece is left, and two
small iron ones, some ammunition and waggons, and one
baggage waggon, as also many of the men's arms—Gene
ral Elbert is among the miffing."
On Thursday last arrived here from Marticico and St.
Euftatius the following vessels, viz. Frigate Dean, Capt.
- , from M^rtinico; brig — , Capt: Doan, St.
Euftatia; brig Sally, Capt. Curven, Martinico; ship
Elizabeth and Mary, Capt. Weeks, Martinico ; pilot
boat , C r pt. Lille, St. Euflatia; Hoop Mars, Capt.
Palace, Martinico.
The above vessels are loaded with European goods and
Weft-lndia produce. Twelve more are expelled in a
few weeks from the fame inlands, so that we hope soon, in
spite of the hungry privateers of New-York, and our
more rapacious countrymen the ffeculntors and monopoliz
ers, to fee goods of all kinds as plenty and as cheap (in
proportion to the quantity of our money) as ever they
were in former times.