The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-03-25 00:00:00, page 2

ho the CITIZENS of PENNSYLVANIA.
11rH Q N our HR Addr^fa to you was printed, and
reNy to bo published, we were informed of the
following Resolution of Tie Honorable House of Affem
de on the 17th day of last month.
'•' Whereas a resolve was puffed by the Assembly of,',
<< Common v^lth on the 2 ?th day of November last,
<< that the sense of the people ffiould be taken, on the
" firfl TuTHy of April next for and concerning the
a ^ll^, a Convention, for the determination of certain
<< points in the Constitution of this State.
“ And whereas a very considerable and refpeaabe
< £ number of the inhabitant , o f this Commonwealth are
6< much difla'isfied with the said resolution, and have pe
“ titioned us that the fame should be rescinded, or not
"carried into execution at the time or in the manner
" prescribed: Therefore • .. rA
" Refolded, Tint this House do refeind the feud re
« r n fo, ? nd the said resolves are hereby rescinded.
We are juflified in faying that this refoliation is a direct
and unwarrantable infringement of the faith the Le
picture of PenufyNauia, which has been plighted tor a
song time past to the good inhabitants of this Comroon
w, that a fair opportunity should be given them of
exon ffing their sentiments, unbiaffed and unfettered, con
cerning the Constitution efl.blifhed by the late Conven
tion 'The resolution is also contrary to tho.e leading
peoples waich should dired the Representatives of a free
people.
Those States only can be denominated free, which are
governed under a Confutation to which the citizens have
foen their consent. Have the citizens of Pennsylvania
ever given their consent to the Constitution framed by the
late Convention? Have tiny ever had an opportunity of
declaring whether it was fatisfaftory to them or not ?
Has not this opportunity been delayed and protra&ed in
the most unfair end difmgemuous manner, and under the
most flimfy and trifling pretences? And have not the As
sembly now, as far as in them lies, deprived us of ever
enrying this opportunity ?
Lut our comfort is, that it is not in the power of the
Assembly to deprive us of it. The right of giving our
sense of the government under which we are to live, is
hot a boon of the Assembly, and consequently is what the
Assembly cannot take away. This right did not take its
origin from the resolution of the tsth day of November
last, as is insinuated in a petition and remenftsance which
has been publlfhed on this occasion: It was independent
of any such resolution All that the resolution effected
was, to remove from before the citizens of this State
tjofe obftruaions which had been so unjustly thrown it
their way by the Convention, and by the sirs: Assembly
that fat under the Constitution. And had not the Assem
bly an undoubted power to remedy the injustice that had
been done ? Was the frith of the Assembly unlawfully
plighted ? When the inhabitants of Pennsylvania had been
so long robbed, by their former Representatives, of the
exercise of the inherent and ineft = ble right of giving
their voice concerning the Conftitution,---was it criminal
in the present Assembly to vote that they should be rob
bed of the cxercife of this right no longer ? Was not tnis
measure indispensably obligatory upon those who were
deputed to maintain the rights of a free people ? Why
then hat this resolution, so necessary and so obligatory,
been rescinded?
Is it be aufe " a very considerable arid refpeflable num
“ her of the inhabitants of this Commonwealth are ditfa
" tisfied with it, and have petitioned that it should be
" rescinded?" Does that number compose the majority ?
Though this is f from being the case, let us admit, for
a moment, that it does. Have even The majority a right
to exclude the minority from every opportunity of giving
their sentiments concerning the Constitution ? If the majo
rity, indeed, are fatisfied with it,---it then becomes the
duty of the minority to acquiesce. But surely the mino
rity are entitled to have this previous point afeertained.
This, however, has never been done: The engagement
of the Assembly that it fnould be done has been most un
warrantably broken by the rescinding resolution; and the
diffatisfaHion of a considerable and refpedable number of
the inhabitants is held forth to the public, as a function
for what the diffatisfa&ion of an undisputed majority
could not juftify.
But 4 is not even suggested or insinuated, that the pe
titions and remonstrances presented to the House were
fubferibed by a majority of their confiituents. The mem
bers from f me of the counties might have thought so ; and
this, we are authorized to fay, was the reason why they
voted, contrary to their own judgments, for refeinding
the unanimous resolution of the 23th of November. Are
twelve or fourteen or sixteen thousand (and none will pre
tend that the petitions have been signed by a greater num
ber) a majority of the free citizens of Pennsylvania ? We
have been taught to confider taofe, who paid taxes and
were entitled to vote, as amounting to fifty or sixty thou
sand. We believe that the most authentic documents will
Support us in this opinion. And shall the petitions and
remonstrances of a third or a fourth part of the State be
sonclufi/e or binding upon twe third or three fourth
parts cf it ?
When we consider the particular fituafion of affairs in
this State, and the particular circumstances and artifice
with whieh the petitions and remon firanees were carried
round among the people, it is matter of furprize to as,
that a greater number were not procured to subscribe
them. It has probably been a matter of disagreeable fur
prize to those, whose all depends upon the continuance of
the Constitution ; If such were fatisfied, as they boast they
are, that a majority of the State are ix favour of the pre
sent government,-- why should they be so unwilling to fee
the majority called forth to decide a queflion, the deter
mination of which would, as it is cunfeffed on all hands,
lay the minority under an obligation to submit: Whence
all this anxiety in them to prevent a detifon, which, the,
fay, would certainty he in their favour, and which Would
consequently produce to them 10 much and such well
founded joy ?
The refolutine for taking the sense of the people about
a new Convention, was a reasonable and necessary one. It
palled unanimously ; and all parties in the House engaged,
^nl firmed disposed to contribute every thing in their
Qwer to carry the measure effectually into execution ; it
friends and Fellow Citizens,
being considered, and jufily, as a meafare which, however
the queflion concerning a new Convention might be de
termined, would lay a rational foundation of peace, har
mony, vi^or and happiness in the State.
Those m apportion to the Constitution were now fatif
fied. They meant nothing, and they fufpeded nothing
unfair. They were willing to wait for the impartial and
unbiaffed votes of tiieir fellow citizens. Was the fame
candor observed on the other fide? This, question will
be bed revived by the answers, which it is in your power
to give to quefiions we are now about to propose to
you. „
How were the petitions and remonstrances againfttak
ing the sense of the people originated ? How and in what
m nner were draughts of them circulated through the
different counties ? Were not some of those draughts en
closed in letters from persons high in office under the
present government, and from some whose daily bread de
pends upon their offices ? Were they not carried round
the country by Lieutenants and Sub-Lieutenants, Asses
sors and Collectors of the public money ? Were not great
caution and circemfp&Hion employed to keep the scheme
concealed from such, as were known to have taken an
adive part against the Constitution ? Were you not told,
when the petitions were presented to you, that the op
position to the Constitution arose, and was supported
only by a junto of gentlemen in Philadelphia, who wished
to trample upon the farmers a,d mechanics, to eftablilh
a wicked Aristocracy, and to introduce a House of I.ords,
hoping to become members of it? Were you not told,
that all the bed Whigs in the Commonwealth were averse
to a change? Was not this doctrine preached to you from
some of the pulpits? Were not some of you asked this
question—are you for a House of Lords or against one ?—
And when you answered, as every sensible freeman would,
that you were against one,—were you not then requeued
to sign the petition and remonstrance?
You know what answers can, with truth, be given to
the foregoing enquiries? If they can be answered in the
affirmative, we have the best reason in the world for ask
ing, " was candour observed on the other fide ?" And
you have the best reason in the world to complain of the
mifreprefentaticns by which you have b en deceived.
But, be these thin, sas they may, the vote of the As
sembly, refeinding the resolution of the 28th of Novem
ber, was, on every supposition, equally improper and un
reasonable. For, as we have mentioned before, whether
those that disapprove of the Constitution form the greater
or lesser number of the inhabitants of the State, they
have, in either case, an inherent right, as freemen, to
demand an opportunity of declaring their sentiments up
on the fu bjefl. If this opportunity is not granted, how
can it be certainly known on which fide.the majority
Bands?
we mean to lay before you the numerous deviations al
ready made by the legiflitive and executive powers of this
State from this boasted Constitution. In the mean while,
But the last vote of the Assembly is justly liable to ex
ception on another account. The purport of the petitions,
as represented by the Assembly themselves, was, either
that the resolution of the 28th of November should be re
scinded, or that it fliould not be " carried into execution
"at the time or in the manner prescribed." From this
Bate of the matter it appears clearly that the petitioners
gave the Affemblytheir choice, either to refeind the reso
lution altogether, or only to alter it with regard to the
time and manner of carrying it into effe&. Now when the
assembly had clearly, even according to the sentiments
expressed in the petitions, their choice of two things,—
how came they to chufe the ivorf ? There might haw,
been reason for delaying this measure ; such as the profpea
of another campaign, of which there was but little proba.
bility when the resolution was passed. There might have
been, and we believe there was, good reason for altering
fometh ngs refpe£ling the manner of the election. But
does it follow from thence, that there should be no election
at all ?
We are informed, from the best authority, that the As
sembly took no pains to afeertain the authenticity or ge
nuineness of the fubfeription to the petitiens; andjthat
several of them afforded room for strong fafpicions in this
refpea. Many names were signed evidently in the fame
hand-writing. It is true that every person, who has a
right to petition, cannot write, and may therefore employ
another to set down his name: But it is' equally true that,
upon such occasions, especially when parties run high,
there have been such things as signing Committees, who
have fubferibed to petitions the names of persons without
any authority. It becomes, for this reason, a matter of
importance to enquire into the truth of the case, when
such aptearancee are difeovered. This the Assembly have
not done.
When all these things are weighed coolly and difyafli
onately, we trust our fellow-citizens will join in opinion
with us, and will aft with us, upon the opinion tiiat the
late vote of the Assembly, instead of producing any lan
guor or remissness in the oppofiten to the Constitution,
flimuld operate as a powerful incitement with those who
disapprove of it, to redouble their diligence in every wife
and vigorous measure for bringing about alterations and
amendments. Th^t vote shews likewise the fears enter
tained by the friends of the Constitution from a free and
unbiaffed declaration of the sense of the people; and, con
sequently, the hopes with which the pr&fpect of such a de
claration should animate us. They fay they are tee ma
jority. If they believe what they fay; how can they ac
count for that terror, with which they behold every step
t-ken by those, whom they affeft to call the minority, in
order to bring this matter to an undisputed decision ? If
they are the majority, would not a superior number of
votes given, in a fair election, against a new Convention,
evince this point much more fatisfaaorily, and much more
to their advantage, @an any number of fubferibers pro
cured to any number of petitions, in the manner and un
der the circumstances under which those laid before the
Assembly have been procured ? If they are really the ma
jority ; why do they not join with us in endeavouring to
bring the matter to a speedy trial ? In one,word; if they
are fatisfied that they are the majority, it is difficult to
tffign a reason why they peflpone their own triumphs: If
they are confeious that they are the minority, it is easy to
difeover the reufons why they refufe to do us justice.
To conclude: Essential imperfections in the present
Constitution have been unanfwerably pointed out in the
publications heretofore submitted to y®u. Experience
has since unfolded many others. In future publications,
permit us anxiously and earnestly ts exhort you to bear
in mind, that we are in pursuit of the noblest object for
which we can contend, a free and h ppy government. —
Suffer not therefore threats and menaces on the one hand,
or the more dangerous arts and allurements of interested
men in power on the other, to intimidate or fedu.ee you
from persevering in this virtuous contest. Confeious that
we are anting from the purest and most disinterested mo
tives, and that we are supported by the founded princi
ples of liberty and public virtue, let not any unfavourable
appearances either warp our attachments, or abate our vi
gilance ; but let us look forward to that happy day, when
the present prejudices, so artfully raised, an rt so industri
ously supported, shall be removed by the irrefiftable pow
er of truth;-- and when that day, which we trust is not
far difiant, shall arrive, then, avid not till then, will the
inhabitants of Pennsylvania be truly independent, free and
happy. By Order of the Society,
RICHARD BACHE, Chairman.
In GENERAL ASSEMBLY of Pennfylv^ia,
Wednesday, March 17th, '779.
The bill intitled, “ An afl to prevent the trespassing
upon uninclefed grounds lying in the townships of Paffy
unk, Moyamenfing, Northern Liberties and Germantown,
in the county of Philadelphia," being read a second time,
and again read, and debated by paragraphs, was ordered
to be tranferibed for a third reading, and in the mean
time printed for public confideration. l
Extraft from the minutes, *
JOHN MORRI S, Junior,
Clerk of the General Assembly.
An ACT to prevent the trespassing upon the unixclofed
grounds lying in the tovenftips of Pa,junk Moyamenfa?,
Northern Liberties and Germantown, in the count, of
Philadelphia.
WHEREAS ^he freeholders and inhabitants of
the townships of Paffyunk, Moyamenfing. Nortb
ea Liberties and Germantown, have fuffered considerable
damage by the enemy during the time of their being in
possession of the city of Philadelphia and parts adjacent,
particularly by the let's of their fences and other inclofures.
AND WHEREAS it is difficult, if not impossible,
at this Time to repair the said damage, and without the
aid of the legislature they would be disabled from culti
vating their lands and supplying the said city with hay #
and vegetables as usual:
Be it therefore enaaed, and it is hereby enabled by the
Representatives 9, the Freemen of the Commonwealth of
Pennsylvania, in General Assembly met. and by the autho
rity of the fame, That from and after the day
of no horse, mare, gelding, cow, ox, bull,
Bleep, or other cattle, shall be fuffered to run or go at
large within the said townships of Paffyunk, Moyamen
fing, Northern Liberties and Germantown, during the
continuance of this aft. And in case any such horse,
mare, gelding, cow, ox, bull, sheep, or other cattle,
shall be found loose and at large within either of the said
townships, it shall and may be lawful for any freeholder
or inhabitant within the fame, or other person by autho
rity of any such freeholder or inhabitant, te take up any
such horse, mare, gelding, cow, ox, bull, sheep, or other
cattle, and to impound or confine the fame in any conve
nient mclofure or liable within either of the said townships
respectively, and there to detain the fame until the @wner
or owners thereof fhalLpay to the Overseers of the Poor of
such township the sum of for
every such horse, mare, gelding, cow, ox, bull, sheep,
or other cattle, so fuffered to run or go at large, and
taken up as aforefaid. Provided always, That the person
or persons so taking up such horses or cattle, or some per
son for him or them, shall within the space of
after taking up and confining the fame, give notice to the
owner or owners thereof of the place where the fame horses
or cattle are confined, or if the owner should not be known
or cannot be found, such notice shall be left in writing
with one of the Constables of the township, who is hereby
required to give information thereof to any person apply
ing for the fame; and in case the owner shall not within
the space of days after such notice given or left with
the Constable as aforefaid, appear and pay the said sum
of for every such horse, mare, gelding,
cow, ox, bull, sheep, or other cattle, so taken up and
confined as aforefaid, together with all reasonable chargee
for keeping the fame, then a public advertifemept shall
be inserted in oneof the newfyapeas of the city of Phila
delphia, describing the horse or cattle so confined, and re
quiring the owner to appear and claim the fame, and pay
the fine and charges aforefaid ; which if he shall negle& to
do by the space of months, it shall and may be law
ful to and for the person having the cuflody thereof, te
apply to fbm^ neighbouring Juflice of the Peace of the ci
ty or county of Philadelphia, and obtain his warrant for
felling the fame ; which warrant the said Juflice is hereby
autnorized to grant on proof of the fads, by the oath or
affirmation of the party applying ; after which the fame
shall be fold by publie vendue, and the surplus, after pay
ing the fine and charges, shall be lodged in the hands of
such Juflice for the benefit of the owner in case he shall
demand the fame wirhin months, and if no such
demand shall be made within that time, the fame shall be
paid to the Overseers of the Poor of the refpedive town
ships, for the use of the poor thereof.
And be it further enaßed by the authority aforefaid, That
where any person or persons, having or occupying any
lands within either of the said townships, &I 1 fuffer or
sustain any damage in his grass, hay, grain, meadows,
grounds, fields, gardens, or orchards, by reason of the
horses ar cattle of others trespassing &reen, although such
meadows, grounds, fields, gardens, er orchards be not
inclofed in fence; the person or persons so injured, shall
have the like remedies and damages against the owner or
owners of such horses or cattle, for such trespass or tres
passes, as he or they could or might heretofore have had
or obtained in case the fame had been inclofed within law
ful fence, and such owners of horses and cattle had brake
and entered the fame and put such horses or cattle therein.
And be itjurther «naaed by the authority „tafaid, That
this ad shall be and continue in force mil the firft of
December next, from the publication hereof, and at
longer.
PHILADELPHIA