Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-10-08 00:00:00, page 2

% 6c Freemen ^PENNSYLVANIA.
Friends and Fellow Citizens,
n['H E ^ irs of ur S ^e now wear amoft gloom
I alpeA. The Convention lave risen, and with
out conf/ong the prej slices, habits, or even inctina
tions of their constituents, have forced a government
upon us big with anarchy and Slavery.
The people of the neighbouring States, we are told,
are now rojeying the frets of governments founded
upon their own authors , and are employing their
whole wifdvm and Rrergth in prompting their own
fafety and ha, pi 7 eh An reason is plain. They re
moved those parts of their co: ft^u^ ns only which
were derived fram the crown, and substituted in th eir
flead mi executive power founded upon an authority
derived from therafelves. They have all referred the
inePimabie pillars io a free government, a legislative
Council or Governor. Such a government would have
been most agreeable to the people of Pennsylvania, and
if they h^ve spirit or sense remaining they will never
be happy without it.
„A &CT'e who could be free and happy with one le
giflaiure bright be equally free and happy*without any
government. BothTituations suppose equal degrees of
virtue in a people. The history of all countries shows
us that power has done as much mi chief when lodged
in the hands c one Aflembly, as it has done when
lodged in the hands of one man.
The arbitrary rump parliament which fat eighteen
years without dissolving itfelf, was a Jingle Assembly,
or Legislature.
But it is unnecessary to travel i^to paftages to find
examples of the danger of trusting power into the hands
of a single legislature. The conduct of the late Con
vention of Pennsylvania seems intended by Divine Pro
vidence to awaken our fears upon this fubjed, and to
point cut to us the mifehiefs which have arisen from
the exercise of power by a single Assembly..
What body of men has disposed of our liberty, pro
perty and lives without our consent by cruel and ty
rannical ordinances : —The Convention.
What body of men paid themselves above goool. of
our money for fitting above two months for doing bu
siness which might have beep tranfa&ed in ten days?—
The Convention.
What body of men published a constitution for a
State deficient in perspicuity, grammar, and Englifh*?
—The Convention.
What body of men appointed Justices of Peace
wholly unacquainted with the bufinels of their offices,
and equally unfit and unwiJing to execute them ?—
The Convention.
What body of men secured to themselves a perpe
tuity of their power, by fencing it in with oaths un
precedented in any free country ?—The Convention.
If this is not enough to show us the danger of a single
Legislature, we deserve to be slaves.
SCIPIO.
* " No Justice of the Peace shall Jit in the General
Assembly imlefs befirft refgn bis comnsiflion? Section. §.
To bis Excellency WILLIAM LIVINGSTON,
Esquire, Governor, Captain General and Commander
in Chief in and over the State of New-ferfo, and
territories the eunto belonging, Chancellor and Ordinary
in the Jame.
The ADDRESS of the Council of the said State.
May it , ! eafe your Excellency,
WE, the Council of the State of New-Jersey, beg
leave te congratulate your Excellency on your
appointment to the government, and to return you our
mtf cordial thanks for your truly patriotic speech.
The impartial and disinterested part of the world will
agree with your Excellency, that the reparation of
America from Great Britain is fully juftifiable before
God and man : A separation at once expedient, ine
vitable, and essentially necessary to cur very exigence
as freemen. America, indeed, was compelled to break
off ail union with a nation which, contaminated with
luxury, and infatiate with plunder, had concerted a
fy^em of despotism for her ruin. All America regrets
the necessity, at the fame time that all America ap
plauds the re&itude and spirit of the measure. The
Britiffi nation too, if not totally immersed in venality
and corruption, must applaud in adion which accords
so eminently with the true spirit of their own conftiiu
An action, that owes its birth to the fame prin
which was so fignal'y displayed in the memorable
Revolution. What, however, is peculiarly worthy cf
rem.^k in the progress of the prefect contest, is, that
v/ouderfu! preparation of circumstances, and singular
'combinati. n cf causes, which gradually brought on the
separation, and disposed the minds of men for an event
io indy importart.
I re constitution framed by the late Convention, al
. though not entirely perfed, has, however, equitably
and fo' ly d cided on inoft of the principal points where
on tee happine sos this society depends ; and therefore
hath met Ath general approbation. Upon so refpe&
aloe and honourable a bottom the present Legislature
is f urorid ; which, in the most unbiased manner, hath
chAeo your Excellency to pro fide over the State, and,
by tl at choice, hath, at this perilous period, clearly
shewn how much they admire your virtues, and wear
confidence they repose in your abilities.
The several important matters, recommended by
your Excellency, merit our ferrous and deliberate con
at d, in conju " ith tl^Gen£l As
sembly. wet ctelaws,
s rr~y appear n, ^ conducive io.be pul he w°l.
Wejwn your Excellency in fentifocht as to Pedl
intereftedoefs and integrity (oindHpenfabb requisite in
all our proceedings: AntaiT,, :$ pbic tr.-h, wc^re'
to know neither friend nor favourite, fear nor resent
ment. Sensible that, eji cial< in die infancy cf our
civil institution, much depends up.; tb T..hAf% im
proper persons to occupy the various devMe'^s m
the State, your Excellency may be Afuroro th.it we
Avail be particularly cautious in our choice. S Toned
as we are, the guardians and protect rs of the Sate,
the general good should be the foie obj a of attention,
and of course, in the appointment of officers, intrinsic
merit should be the foie rule of promotion. These,
Sir, were the confederations which influenced us in the
appointment of such officers as have been already eleA
ed; and we trust will continue to be the rule of our
condud.
No time ever required more ceconomy, industry, pa
triotism, purity of manners and true devotion than the
present ; and the experience of all ages, with the recent
example of Great-Britain, hath effectually taught us,
how essentially necessary it is to the weal of the State
to inculcate these excellent qualifications, both by pre
cept and example. By order o' the House,
Princeton, JOHN STEVENS, V.P.
Sept. 28, 1776.
To which his Excellency was pleased to make the fol
lowing REPLY.
Gentlemen,
IAMI AM greatly obliged to you for your kind congra
tulations on my appointment to the government ;
and for the favourable sentiments you are pleased to
express concerning me. As every office is only ho
nourable in proportion to the public good it enables
the person fuflaiaing it to do, and the officer himfelf
in proportion to the good he actually does, I can as
sure you that the refle&ien of having promoted the true
interest of this State to the extent of my willies and of
your expedition, will afford me more solid fatisfadion
than can result from any external splendor, or the most
illustrious titles.
In CONVENTION at New-Cafle, for tbeTE
LAWARESTATE, begun the 27th da, of
August, 1776, and continued by adjournment to the zif
da, of September following.
The oath and affirmation with the declaration taken,
made and fuofcribed by the members refpe&ively :
I will to the utmost of
my power support and maintain the Independence
of this State as declared by the Hono able the Continen
tal Congress; and I will to the utmost of my ability
endeavour to form fitch a system of government for the
people of this State as in my opinion may be belt adapted
to promote their happiness, and secure to them the en
pyment of their natural, civil and religious rights and
privileges.
I do proses faith in
God the Father, and in J fits Christ his only Son, and
in the Holy Ghost, one God bltfEd for evermore ; and
I do acknowledge the Holy Scriptures of the Old and
New Teftam nt to be given by divine inspiration.
The , CONSTITUTION or SYSTEM of
GOVERN ME NT, agreed to and refolded upon b,
the Representatives in full Convention of the D E-
L A WARE STATE, formerly filed the Govern
ment of the Counties of New-Crrtle, Kent and Sussex,
upon Delaware, the said Reprefntatives being cbojen by
the Freemen of the said State for that express Furpofc.
Article 1. ^H E government of the counties of New
•^. Caste, Kent and Sussex, upon Delaware,
fhdl hereafter in ^1 public and other writings be called,
The DELAWARE STATE.
2. The legislature shall be formed of two diftin& bran
ches:—They shall meet once or oftener in every year,
and shall be called The General Assembly of Delaware.
3. One of the b anches of the le rifl ture shall be call.
,ed The House of Assembly, and shall coz lift of seven Re
presentatives to be chosen for each county annually, of
such persons as are freeholders of the fame.
4. The other branch sh tll be called The Council, and
consist of nine members, three to be < hofen for each coun
ty at the time of the firlt election of the Assembly, who
shall be freeholders of the county for which they are cho
fen, and be upwards of twenty-n evears of age. At the
end of one year after the general el. ^ion, the Councilor
who had the smallest number of votes in each county sh 11
be displaced, and the vacancies thereby occasioned sup
plied by the freemen of each county choosing the fame or
another person at a new ele&i n in manner aforfrid. At
the end of two years after the fi ft general election, the
Counsellor who flood second in number of votes in eac.l
c ° u 4y shall be displaced, and the vacancies thereby oc
cafiored Supplied by a new election in manner aforefaid.
And at the end of three years from the firft general elec
tion, the Counfellor who had the greatest number cf votes
ineach county shall be displaced, and thev ; canc:es there
by occasioned Supplied by a new election in manner aforc
fid. And this rotation of a Conufellor being displaced
at tee end of three years in each county and bis office fup
pi dby a newchoice shall be continued afterwards in due
order annually forever, whereby, a'ter the firft ger,era!
election, a Counsellor will remain in tlift for thr'eeyears
from the time of his being elected, and a Counsellor will
be displaced and the fame or another chosen in each coun
ty at every ele&ion.
5. The right of Suffrage in the election of members
for b^th. Houses sh dl remain as exercised by law at pre
fect; and each Hoafe shall choose its own Speaker, ap
point its own officers, judge of the qualifications and elec
tions of its own members, fettle its own rules of proceed
ings and direct writs o' efc&hn for Applying intermedi
ate vacancies. They may allo Severally expel any of their
own members fur misbehaviour, but not a Second time
in the Sn % f.ffions fer the Uroc off roe, if re cLA.;
r^e they slid h^vc all</htrpo/ers u.^ffary forth: te~
faA tur: of a Let cud r .'<pi bent fine.
6. Ahrr -1! tor the airport cf government flia'l
ro riro rir t.e It rd U After Aly, and may lie altered,
r. % rdf: or roj^cd by the lc;,;flarive Council. All
c r ;T :i:'oroh res may tak^ri ein die HrodA f
'' ^ :t ' or leg .1: ve C tocd, and may be altered,
umroriTor rj&^iby either. "
7, A r efcewr or crier M-gif: rate fhzll be chosen by
;17 dv.4 both IT roes, 10 be taken in the House of
' fl ^ ,a O Co box examined by the Speakers of each
h^ '. r hr rremnce cf tiro other members, r nd in c ( e
tenr sl # : th- t uh0 hch in vot< s should Ie equal,
th R the Speaker of the Council sh ill have an addriri cal
crihi g vriro, and ^hc appointment cfthe psr'bu who has
the nroj< rity of votes shall be entered at large on the.mi
n: t } saud jew rods of each Louse, and a copy thereof on
pa chmeni, certified and signed by the Speakers refpec
'vriy, ord ft akdwith th. Gre t Sea 1 of the State, which
t 'ri ^ beret •-u horifed to tffi % , shall be centered to
the ; er on so ch: i<n Prtfi ri.ro, who shall continue in that
office three years and until the fitting of the next General
qlhembiv and poio.ro.er, nor he elfcile until the expiroc
tionof th>ee years afterhe shall bar he n out of that office.
Arqad quate but moderate fab y fliall be*fettled on him
during his continuance in office.—He may draw for such
sums of money as shall be appropriates b? the General
AfTimbly, and be accountable to them for the fame —
He may, by and with the advice of the Privy Council,
by embargoes or prohibit the exportation of any com
modity for a FT time not exceeding thirty days in the ic
cero o' e e General Assembly.—He shall have the power
cf gra .ting pardons or reprieves, except where the pro
secution f all be carried cn by the House cf Ass mbly, cr.
the law full otherwise direst, in which cases no pardon
or reprieve shall be granted but by a resolve cf the House
cf All mbly;—And my exercise all the other executive
powers cf government, bm : t d and re strained a by this
Confti ution is.mentioned, an according to the laws of
the state. And on lis death, inability, cr absence from
the state, the Speaker of the Legislative Council for the
time beingfhall.be Vice-President, and in case of hisdeath,
inability, or absence from the State, the Speaker of the
House of Assembly shall have the powers cf a President,
until a new ncm nation is made by the General Assembly.
8. A Privy Council, corfSingof four members, fnall
be chof.n by ballot, two by the Legislative Council, and
two by the House of Affm'ly: Provided, that no regu
lar officer of the army or navy in the service and pay of
"5 Continent, or of this, or of any other fate shall be
eligible. And a member of the Legislative Council or of
the House of Assembly be ng chosen of the Privy Council
and accept ng thereo Shrill there y lose his feat. Three
members Shall be a quorum, and their advice and pro
ceedings Shill he entered < nrecord and Signed by the mem
bers present, (re ;w part of which an, member may en
ter his cv m) t)ielail before the General Affnihly
wren called lor by them. Two members Shall be remo
ves by ba'lot, one by the Legifirtive Council and one by
the House of Aflembiy, at the end of two years, and these
who remain the next year after, who shall federally be
ineligible for the three nexr years. These vacancies as
wed zs thole occasioned by death or incapacity shall be
Supplied by new eh&i .rs IF the fame manner. And trs
rotation of a Privy Counsellor Shall be continued after
wards in d&e orderar uhr forever. The President may
by Summons convene t e Privy Council at anv time when
the public exigences may require, and at such place >s
he Shall think most convenient, when and where they ae
to attend accordingly.
9. The President, with the advice and consent cf the
Privy Council, may embody the Militia, and aft as Cap
tain General and Comm nder in Chief of them and the
other military force of this /late under the laws of the farce.
10. Either House of th 4 General Assembly may ad
journ themblws refp^ftively. Toe President shall not
prorogue, a Ijourn or didblve the General Assembly, but
he may with the advice of the Privy-Council or on the
application cf a raj rity of either House, call them be
fore the time they <h 11 hand adjourned, and the two
Houles shall always fit at the feme time and place, for
which purpofu imm'di^te y r -fter every adjournment the
Speaker of the House of Assembly shall give notice to
the,Sß^ker of the crier House of the time to which the
House of Assembly hands adjourned.
1. The D-bi's tur Delaware to the Congress of
the United States or America flroll he chosen an
nually, or fupe"feled iro re • roe uh time, by joint ballot of
both Houfro in tiro Gero rd AHrirobly.
12. ihe President and Grproral Assembly shall byjoint
ballot appoint three Justices of the Supreme Court for
the State, one of whom shall be Chief-Juftice, and a Judge
of Admiralty, and also four Justices of the Courts of
Common Pleas and Orphans Courts for each court,,
one of whom in each Court hull be stiled Chief Jufice,
(and in case of divifionon the ballot, the President shall
have an additional casting Voice) to be commissioned by
thb President under the Great Seal, who shall continue
in office du ing good behaviour; and during the time
the Justices of the fail Supreme Court and Courts cf
Common Pleas remain in office they shall hold none other
except in the Militi — Any one of the Justices of either
of said Courts shall have power in case of the non-coming
of his brethren to o, .n and ,djom n the Court. An ade
quate fixed but morirat ridarv shall b" fitted on them
during ro r c r ntrouanc. nr office. The President and
Privy-Council fhril appoint the Secretary, the Attornev-
General, Rroihros for the P obate cf Wills and granting
Letters of Administration, R sifters in Chancery, Clerks
of the Courts «f Commcn-Plr^s and Orphans Courts,
and Cierks of the P are, w^o shall be ccmnuffioned as
aforefaid and remain broA ?d.,rir f?e years if they
behave themselves veil; during which time the said
Keiftersin Chare r an.;! Cf c s shall nor be J ft:ces of
either o+tr.e Trip Cutros of which- they are officers, -but
they sh h rive arri < ,it, to Sgn all Wriroby them if
fusd, and t ike recogniz nets of-bait. The Juftces of
the Peace shall be n.min 1 d by the Houri cf Aff.mbly,
that is t> fay, They if a 1 cam- tivertz-fbur perlons'for
each co. n y, of whom du Pi ;fident, with the approbation
of tbe P/ivy Counrii ,shall ^ spo ilt twelve, who frail be
comm ffi nd as afmefatc, arid continue tn office during
seven years, if theybehav? themselves well : and in ca ; e
ci vacancies, or it the IcgdUture Aall think proper to