Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-11-12 00:00:00, page 4

A number of the vest writers in the State tre engaged
againit the plan of government, they lately can be at no
lob to expose to the conviction of every man the deltas
thereof. A Farmer, whole favourite study through life
has been eloquence and whole profehion is the law, can
do justice to his own opinions in this case—And there are
others engaged in the fame cause, who think tbemfclvcs
of equal abilities; I therefore call upon these Gentlemen
to dirtinguifo the particular parts which to them appear
defective, to prove them to be so, and to point out their
amendments, that the people may have a fair opportu
nity of forming their judgments. The fubjett is of valt
moment, and deleaves the utmost attention of the belt
and ablest pens amonglt us. Let ail the piaffes be equally
open to arguments on both tides. Let them be perfect
ly free, but let not declamation be obtruded on the pub
lic for argument; nor the loose opinions of nameless
Gentlemen * be passed on the people for reason. A
Gentleman having said so or so is but a weak argument
when weighed against a ten weeks deliberation of a pub
lic Aflembl); and that Gentleman too no member of
the State, and consequently but little interested in the
matter, while every member who composed the Conven
tion rauft deeply partake of the evils which will atife
firm any deleft in the new plan of government.
I tall upon vou, my countrymen, coolly to confider
this matter, and to make yourselves well acquainted with
the plan of government established by the Convention
before ycu lend ,our aid to overturn it. Be fully ac
quainted with every article, observe its tendency, and
confider what substitute would mend the matter. Re
member you are now your own carvers, and you will re
flect bitterly upon yourselves if it should appear hereafter
that you gave up the prelent fer a worse. To listen to
those who fay a declaration of rights ought to be fixed
and permanent, but a frame of government fluctuating
and luhjef to the alterations of the regular legifhture,
is to give yourselves up to the song of the fvren. If any
one can point out the government which being thus con.
ftituted did ,lot end in the absolute slavery of the people
and tyranny of a monarch, or a few grandees, I Iliall
acknowledge my error. T mean in a future number or
two regularly to examine with coolness and candour the
objections raised againit it in the resolves of a kind of
Town meeting held lately at the State-Hdufe, and such
other objections as have or may occasionally appear—ls
they are solid I hope to allow their full force, and for
the prefect crave the indulgence of my country.
* A member of Congress whom I heard express bis senti
ments on oar cenflitution, gave as a reason for bis opinion,
that be feared, our great men 'would endeavour to oppose
the execution of the plan of government, because it tended
to overturn the power of the Ariflocratic pary in the State.
/do not mean to quote bis opinion as argument, but to ex
plain an anecdote in the Evening Post of Saturday the zd
infant —It is my opinion that the Delegates of other States
have nothing to do -with our frame of government —One, it
is true, belonging to another State, has been rather officious
in this may, but me hope no occasion mill be given of appeal
ing to Congress, on mbofe mifdom andjufiice me firmly re
b, for the free exercise of a right which they have acknow
ledged every State pnffefed of, to frame fueb a confutation
As is agreeable to the people, which right the people of Fenn
fylvania mill most certainly assert and maintain The De
legates of Fennfylvania are not allowed to meddle with the
government of other States, and with as little propriety can
any Delegate intermeddle with ours. Congress is too ^ ife
and just to interfere in the reflation of the internal police
of any particular State, and it is with forrom we observe
endeavours, though in°ffefiual, to make them a party on the
prejent occasion. While Congress prudently avoids interfer
ing, is it wife in any particular members to do it ?
RE MARKS on the Resolves pu'difoed against the
plan of Government, by a gentleman of neither party.
aSuppofed OMISSIONS.
'ft' NT ° c ° urt °' appeals”
1 , But power to ere& new courts, which is
enough, if not better. The court of appeals will cer
tainly be new. No such jurisdiction subsisted here ;
saving that the iupreme court heard causes in error,
which had been tried in the inferior judicatures. But
in New York, New-Jersey, Maryland, and other pro
vinces, the governors and councils were courts of ap
peal, and heard causes in error. It may perhaps be
proper to have two revifals of important causes, as in
England, where the Court of Exchequer Chamber, and
afterwards the House of Lords may be appealed to.
The courts of London are cornered by a special court
of error, and by the Lords in the last resort. Practice
must best determine on these regulations. The Con
vention, I think, have done wifely to leave this article
to future Assemblies.
zdly, " Not afeertaining the number of the judges
" of common pleas, or orphans court; nor whether
" the justices of the peace to be allo judges of both,
" and also of sessions. Whether any justice of the
" peace besides those elected by the people, and by
“ whom appointed ?"
It was not necessary to limit the number of judges of
common pleas. The future Assemblies iurely can pro
vide in all cases wherein the Convention have not, and
why not in this ? Convention having regulated special
ly the supreme court, in which every man may have
causes tried in the firft instance, have left the lower
courts to the prudence of the legislature. Justices of
the peace are to be chosen by the people in fufficient
numbers ; additions to these would be improper and
needless. If any of these fit in the county pleas, it must
be by a farther authority, viz. the legislature. In the
New Jersey plan these things are referred to a future
legislature.•
PHILADELPHIA: Printed by JOHN DUNLAP, at the Ne%h Printing-Office in Market-flreet, wher^
Subscriptions at Fifteen Shillings per Annum, Advertisements. &c. are thankfully received for this Paper.
gdly, “ Not providing what las Lall be la force."
This is easier said than done—; will be business of
circumvention and time to difiingifa what laws Puall
not. To declare, as in New-Jerfy, that all their ads
of AfTembly, as collected in a volume, the common and
flatute law, as heretofore pra&ifd, not incompatible
with their new form, shall remair in force, is too ge
neral. Do the statutes for regulating hatters, or re
straining Hiring mills, (till bindin New-Jersey? Is the
crown law properly reduced ?
Many questions must arise in N^w-Jerfey, notwith
standing, on this fubje&. Futuie laws must decide
them. The Assembly of Pennfylrania will provide for
us. The whole of the Conftituton supposes that the
old laws in general will be rerived and continued.
The instances occur constantly.
IMPROPRIETIES.
4-thly, " Taking notice of insolvent debtors."
It is notorious that our practice on this fubje& is
very irregular and dangerous. For though a patched
mode of relieving insolvents, who owe not more than
one hundred and fifty pounds to any one creditor, by
original corrective and Supplementary laws, has been
established, yet larger bankrupts have had no other re
medy than by special ads of legislature; ex post fatlo
ordinances dangerous in their nature.
The cases of languishing priforers, for debts of larger
size, being often as pitiable, and sometimes more So
than those of Smaller, there particular grants of relief
have been seldom denied. Our law books of late
years abound with them. Hence creditors are Tub
je&ed to law they could not know nor forefee, when
the debts were contracted. The Delaware Conven
tion, I think, censure, and with reason, this method of
legislating. Acts of Grace, which are laws of hke
nature, aiein ule in England; but they are seldom,
once or perhaps twice in a reign. Surely then it was
not impertinent orimproper for the Convention to lay
down a general rule of practice concerning insolvent
debtors.
Hunting, filhiog, fowling, are reckoned improprieties.
It is true that owners of land, by a& of AfTembly
thirty-third of George 11. are not forbid to hunt and
fowl on their own lands. This does not secure them
in the right, and may be repealed. But this matter is
deeper, for at common law, such goods as have no pro
per owner, belong to the King, as truftec for the public.
Hence all luch animals as are wild by nature and un
tamed, are the King's game. These he may grant to
others, consequently Lords of manors and others may
claim them. Upon this foundation, aCts of Parliament
have been made for the preservation of these animals,
for the recreation and amusement of persons of for
tune, unto whom the King, by advice of Parliament,
hath granted the fame. This deprives not the com
mon people of any right they ever had, but extends to
some persons rights which were in the crown, (See 2d
Bacon's Abridgments, 612 and 613) The laws of
England for preserving the game, form a large code,
some of them are very penal, and for the most part they
are executed by Justices ®f the Peace, in a summary
way. In order to prevent poachers, as they are called
from invading this ariftocratical prerogative, the pof,
session of hunting dogs, flares, nets, and other engines
by unprivileged persons, has been forbidden, and, under
pretence of the last words, guns have been seized.
And though this was not legal, as guns are not engines
appropriated to kill game, yet if a witness can be found
to attest before a Justice that a gun has been thus used,
the penalty is five pounds, or three months imprison
ment fall on the accused.
The prosecutors are generally fox-hunters, and if
the Justices are such, alas, the culprit has no chance of
escaping puniffiment, though the evidence be (lender !
Thus penal laws, and trials without juries, are multi
plied on a trivial fubjed, and the freeholders of mode
rate estates deprived of a natural right. Nor is this all;
the body of the people kept from the use of guns are
utterly ignorant of the arms of modern war, and the
kingdom effectually disarmed, except of the Handing
forces ; not by ministers of State, but by the influence
of the gentry or upper freeholders.—ls any thing like
this desired in Pennsylvania ? If not, feet. 43, chap.
11. of the Constitution, is not unnecessary nor improper.
66 E NTAIL S."
In a republic there should not be entails. They be
long to monarchies. Estates should be divided among
the children. This is essential. Now the ad of AT
fembly for barring entails is an aft that may be repeal,
ed; it was not therefore improper to establish and per
petuate this provision.
“ Trial before Council."
The Jersey plan declares officers liable to be im
peached when adjudged guilty of mifbehaviour by the
Council, on impeachments of Assembly. Ours fays,—
“ The Council shall fit as Judges to hear and deter
mine on impeachments." Judges, to hear and deter
mine, proceed with juries; besides, in chap. I. fed.
IX. in all criminal protections a jury is established.
Of course why not here? Judges, Aldermen, and
others in England, who hold during good behaviour,
have a right to trial by jury, before they may be re-
moved, except Ju!°es in case cf address of both
Houses of PaiTen^u, The general words in chap. 11.
fed:XX!IL do not b^radid this. Ti e Judges mutt
doubticis be convided ct tie mifoehaviour on which
the AfTembly removes them. These words, “ re
moveable at any time for mifoehaviour," are a limit on
the seven years commission and nothing more, and they
are the only limit. Had they been omitted, peihaps
the convidion provided in fed. XXIL might have been
construed as not reaching the Supreme Judges, speci
ally mentioned in fed. XXIII. Io as to remove them,
though it might have inferred other punishments.
X^^<^o~^X^^
sis publ'jhe.l and to be fold by J 0 HN D UN L AP,
in Market JireH, Fkilade/phia,
Father A ERAHA M's
A L M AN A C K,
For the Year of our LORD 1777.
Containing, besides the ufud ylftronoinical calculations,
a variety of uletul and entertaining matter, in prole
and verse.
;* Our kind customers are requeued to observe, that
the ingenious David Rittenboufe, A. M. 01 this city, has
favoured us with the Astronomical calculations of our
Almanack for this year, therefore they may be molt
firmly relied on.
just published and to be fo^ by ISAAC COLLINS
at his Printing-c^xe in Burlington,
The BURLINGTON
ALMAN A C K,
For the Year of or.r Lord 1777.
Containing, besides the ufur.lAkrcnom.cal Observations,
a variety of useful and entertaining matter in prose
and verse.
CbriJlianaEridge, Acwcsfls county, xotb month xB, 17 6.
TO BE SO L D,'
By the SUBSCRIBER,
^ PLANTATION pieafantiy filtrated on the
great road leading from Chriftiarm to Peach Bot
tom and several other ferries on Susquehanna, about cue
mile from the Brick Meeting-house, containing 132 acres
of Land, whereon is eroded a hone dw^ling-houfe two
Tories high, 7.8 by '34 .fee; well fin.fhed, with three
rooms on a floor, cellared undei the whole, a large fram^i
ditto two dories high, three rooms on a floor and cellar
ed, with a fton kitchen adjoining. Aho a Lent store,
cellared, and frame ditto vith garners, &c. which has
been well accustomed for venring goods near 4.0 years,
and lately in the tenure of Mifflin and Irwine, me jchart 3
of Philadelphia, who can give an information thereof.
Also one other tra& thereto adjoining, containing about.
100 acres, whereon is erefted a water corn-mill. With
divers other tr. &s advertised in the Packet of the 19th
of the 2d month hl l ; reference thereunto had may mere
fully appear. §6 JOHN LEWDE N.
To be SOLD at PUBLIC VENDUE,
on Monday the 28th of November, if fair, if not, the
next fair day, on the premises, for tteriing cash,
MY reversion of the valuable tra& or parcel ofland
whereon I now live, lying in Charles County,
within a mile of Port-Tobacco Town, containing 4.30
acres, more or less, with all the improvements thereon ;
It abounds with a great deal cf excellent meadow ground.
There is on said land a water-mill, which rhe prefect
pofT flor cannot enjoy longer than nineteen years from
the above date. I have also another piece of land about
three miles from the aforesaid tra&, which brings good
wheat or tobacco, containing 225 acres, ,mere or left,
with good improvements. It is rented out for eight
years at the rate of zgoolb. tobacco per year. The time
of payment will be made known on the d^y of file, by
%/. 5, 1776. HENRY SMI T H.
To be SOLD by PUBLIC SALE,
On th -premises, on Saturday the 16th of November,
^'„ HAT well accu&.wmed TAVERN on the Lan-
X carter Road, at the figr. of Admiral Warren, 23
miles from Philadelphia, with 240 acres of land, 25 of
which meadow watered by two constant ftrean^, and
mote to be made from a never-failing spring. There are
oh the prenrifes a good convenient stone hsufe, a large
stone barn lately built, with the best conven ances for
Tabling on laid road, good the % and other offices. It ia
filtrated in rhe Great Valley, where the bnd :s t(teemed
of the belt quality, and cor&ndy to be improved by
lime-stone with woich it abounds: It laysvery conveni
ent and the situation heathy and pleasant for the gen
tleman farmer who might chute to divide the farm or
separate it from the tavern. Credit will be given foi the
greatest part of the purchase money. For furn er parti
culars enquire of J OHN LAR DN ER, it. Third
ftreet, Philadelphia.
JO H N HOW A RD,
Has for SA LE, wholesale and retail, ar his Grocery
Store in Second-street, a few doors above Chtfnut
ftreet,
OLD Jamaica spirits, Welt-India rum, Holland Ge
neva, brandy, Cherry rum, loaf and mufeovado
fujars, whole and ground pepper, alfpice, whole or burnt
and ground coffee, milliard, mace, nutmegs, cinnamon,
cloves, railing, indigo, Karch, a quantity of very good
cheese, &c. &c.—Sea Stores put up at the fnorteft notice.
He allo makes and fells Fishing Tackle tor either
sea or river; likewise a quantity of Joiners Work,
confining of chests of drawees, desks, chairs, tables, &c.
and well seasoned Mahogany Stuff, either in boards,
p'ank or fcantling, all which be will fell on reasonable
terms, and be much obliged to those who will please to
favour him with their cudom.
N. IL He has a quantity of good. Wine Vinegar by
the barrel or gallon.§