The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-11-18 00:00:00, page 2

^nation, j °'^c^^^
;Irie 11 üb^ ut COMMONS'
(Continued.)
.\ID you give any considerable opposition to those
refolut ons, pn the report to the whole, or th
thich of thefts^
A. I have nbt one Angle o^e of them in my memory now;
to I cannot fay which I opposed, and which not.
Q Did you oppose any of them on the report ?
A. I did make n opposition to some of them, I make
no doubt, but I can't fay which.
O Are you positive you made any opposition to any of
them ?
A. If I could fee the ten resolutions, I could anfwer—
ctherwife not.
[He looks ever the resolutions in a printed book.]
I opposed the ill and the 4th. —The 2d and 3d I don't
recoiled.—The sth I did not, nor the 6th— The 7th I
don't recoiled.—The Bth I must have opposed.—l was of
a contrary opinion to the ,th, and I believe I opposed
it.—As to the loth, I don't recoiled.
Q Are they not all great fundamental points concern
ing toe principles of the British Constitution, which you
as a Lawyer, must have frequently considered ?
A. I must have considered them, but I don't know how
frequently.
Q Did you not think yourfelf particularly called upon
at that time seriously to attend to them ?
A. I did attend to them at that time.
Question repeated.
A. 1 don't know whether that idea entered into my
head at that time ; I don't doubt but that I did think of
them; but I am speaking of very particular tranfaftions
that passed five years ago.
Q_ Did not the Congress come to a resolution approving
the opposition made by the inhabitants of Maffachufets-
Bay, to theexecution of the late ads of Parliament ; and
that if the fame should be attempted to be carried into
exscu ion by orce, all America ought to support then, in
their %pclitmn ?
A I remember a resolution to the amount.
Q D 1 you oppose it ?
A Idm oppose it ; and I recollect particularly, I in
£ll^ to Congress, that they should fuffer me to enter my
profit. — Ano! er Member, (Mr. Duane) joined me in
i; — There was a long debate, and we were over ru'ed.—
Wet en insisted, that our motion for protesting, should
be. entered on the minutes—-with their negative-- It was
retuhd, en which Mr. Duahe, and myfelf, when we re
turned from Congress, gave each other a certificate, decla
ring our opposition to that question, as we thought it a
treasonable one
Q Did you continue to attend Congress after ?
A I did ; —but proposed to Mr. Duane, to leave the
Congress, and .ortiulted my friends out of doors, refpe&-
ing 1 y perfoad fafety if I did.—Could I have prevailed
Oil him to leave toe Congress with me, or had not my
friends unanimously advised me, that my personal fafety
would be in danger-- I should certainly have left the
Congress.— The city of Philadelphia, on that resolve, was
thrown into great onfufion and disorder---the violent
party infilling it should be carried into execution; so
that we were in great danger from our opposition.
Q Was not there a resolution passed, entered unani-
Mioufly, that every person ading under theauthority of the
Massachusetts charter aft, ought to be held in deteflation
and abhorrence by all good men, and considered as the
wicked tools of that despotism, which is preparing to de
flroy tbofe rights, which God, nature, and compact hath
given to America ?
A. I believe there was such a resolution, but I don't
know how it was entered.
Q Did you oppose it ?
A. I certainly did.
Q Was there not a letter of Congress, directed to be
wrote 10 the people of England ?
A. Yes.
Q Did you consent to that letter?
A. I did not, nor to the letter to the people of Ireland,
nor to any of the general letters that were wrote at that
time.
Q_ Did you confider the Congress as a full and free re
presentation of the Colonies ?
A. T did net.
Q Was you freely chosen ?
A. I was chosen a Member of the Assembly of Penn
fylvama, and trey appointed me a Delegate to the Con
gf Alter the instance I gave the other night of two
mtn in a large diftrid meeting together, and one of them
appointing the other a Delegate in Congress, and that
Member being admitted in Congress, I can hardly think,
that the Con refs was a perfed and complete reprefenta
tion of toe Colonies.
Q In what Province do you speak of?
A O New-York.
Q W: o was the person ?
A. Mr. Boerum.
Q Do you know that of your own knowledge ?
A- 1 was not on the Ipot, but I had it from allmoft all
the Delegates of New York.
Q Were the other Delegates so chosen a! New-York ?
A. They were not.
Q Do you know of another instance of such a choice?
A. There were several in fiances where very few people
met, compared with the numbers in the diftriß.
Q Do you fpeakof the firft Congress in which you fat?
A. I do.
Q What counties were there?
A. In the province of New York, as well as I re
colled, the Delegates of ihe city of New York were ap
pointed by the Convention of the city of New-York.---
The counties and diflrufts lent others, so that, if I don't
forget, there were more Members from that province then
any other.
Q. But had they no more than one vote.
A. I have answered that before ;-- they had but on e
vote.
Q Was that the case in the province of Pennsylvania--
that they were duly elected ?
A. No;--when the Assembly ofPennfylvania were cho
sen, which was near eleven months before the Congress fat,
the people had no idea of a Congress in their minds.
0 Was the election a fair one in that Assembly ?
A. It v as received as such by the Assembly, and I be
lieve it was.
A Q Do you know any indance out of the Colony of
New-York, of ptrfons elected by a very few ?
A. The Delegates of the Massachusetts Ear were cho
sen much in the fame manner as those of New York; but
it being a great distance from where I resided, I do not
know what number attended their elections.
Q Do you know that they were not fairly eleded, in
by great numbers of people?
A, I have no knowledge about it, as I never enquired
into it, nor heard of it.
Q Do you recolle& what perlons the militia of Penn
sylvania, and other provinces with which you are acquaint
ed, consisted of in 1774 and 1775?
A. There was no militia in Pennsylvania in 1774, and
1775 there was ;---they consisted of a very small part of
the province of Pennsylvania.---The people took up arms
with great reluctance in that province. I think the militia
of Philadelphia, where there are near 30,000 fouls, never
amounted to above 15 or 1600 ; and in the whole county
of Bucks, they were lhort of that number. I do not think
there was a greater proportion in the county of Chester;
three of the oldest, firft fettled Colonics in the province.
Q. Who compelled them to take up arms in 1775?
A. The firft militia was by a voluntary association,
without any compulsion.
Q Did any associate to oppose them?
A. I never heard of any such.
Q In no part of Pennsylvania ?
A. In none.
Q Were not associations formed in several other Colo
nies ?
A. I believe there were.
Q Did any associate to oppose them?
A. I did not hear so
Q Do you remember, in that year, that any great num
ber of people were forcibly disarmed in the province of
Pennsylvania ?
A. I do not particularly recoiled when they begun to
disarm ; but many people were disarmed, before the re
solve of Congress by the Convention, and before the de
claration of independence.
(To be Continued.)
PHILADELPHI A.
In GENERAL ASSEMBLY, November 16, 1779.
The Bill iotitled, "An Atl for theeffedual suppression
of Public Auctions and Vendues, and to prohibit White
Male persons, capable of bearing arms, from being Ped
lars or Hawkers," which being debated by paragraphs,
was ordered to be tranferibed and printed for considerati
on. Extract from the Minutes,
THOMAS PAINE,
Clerk of General Assembly.
An ACT for the effectual suppression of public außionsand
vendues; and to prohibit white male persons capable
of bearing arms, from being pedlars or hawkers.
VJ HEREAS the praftice of felling goods and mer
'' chandizes by public auction or vendue, in the present
embarrassed State of commerce, occasioned by the war now
carrying on between the United States of America and Great
Britain, hath been made use of as a device for enhancing the
prices of commodities and of depreciating the Lids of Cre
dit of this St te and ®f the United States of America;
AND WHEREAS the rcftriclions and prohibitions here
tofore layed upon salts by public auction or vendue, have
not proved effectual. For remedy whereof,
Be it ena&ed by the Representatives of the Freemen of
the Commonwealth 0 Pennsylvania, in Genera' Assembly
met, and by the authority of the fame, That from and af
ter ihe publication of this Ad, no goods, wares or mer
chandizes, or other property whatsoever (except as is here
in after excepted) shall be offered or expufed to file or
fold by public außion, vendue, or outcry, in any place
within tim territories of this Commonwealth, by any per
son or persons whatsoever
And be it further enabled by the authority aforefaid,
That if any person or persons Ihall, contrary to the directi
ons of this Aft, offer or rxpofc to sale, or sh II fell by
public au&kn, vendue or outcry, within this Common
wealth, any g^ods, wares < r merchandize or property
whdfoever (except as is herein after excepted) he, she or
trey so offending fhallforfeit and pay for emery such of
fence a sum of money equa. to the value of the goods wares
and merchandize, m other pop rty, so offered or expo
sed to sale or so fold by public antlion, vendue or outcry,
to be recovered by action of debt or by indiament,
by any person oho wid fuc or prosecute for the fame; the
one nah part thereof to the use of the person so suing or
profecutmg, and the other half part thereof to the use of
the Overseers of the poor of the city or place, where the
offence shall be committed.
Provided always, that this A& fliall not be construed to
extend to sales at public audion or vendue, which shall be
made by any Sheriff or other officer, in the execution of
his office, who is not Specially reftrided by this Aft ; nor
to sales by public auction or vendue, holden by Executors
or Adminifirators, of any real or personal estate, which
were, bona fide, of their relp ^ive teflators or intestates;
nor to the sale of lands, houses and other real estate, nor
to the sale of houfthold goods (which have ten in wear
and use) horses, cattle and live flock, being the bona fide
property of resident house keepers adually removing from
any township or diftrift of this State, to another, or out
of the State.
Provided, nevertheless, That all sales by public au&ion,
vendue or outcry, permitted by this Aft, which shall be
holden or made within the city of Philadelphia, or within
two miles of the Courthouse in High- street in the said city,
other than the sales by Sheriffs and other officers, Execu
tors and Adminifirators, as aforefaid, ffiall be holden, and
made in the manner herein after limited and directed and
not otherwise.
And hltho' a.monopoly of the sale of goods by public
auHion or vendue, in times of peace and order, as the
fame was heretofore, established in the city of Philadelphia,
might be an injuftifiable limitation of private right, and
productive of inconvenience, yet for the more effectual at
tainment ofthe purposes of this Aft, within the city of Phi
ladelphia and the vicinity of the fame, it is necessary that
a foie auftioner be established in the said city, during the
continuance of the restraints introduced by this Aft.
Be it therefore enabled by the authority aforefaid, That
the sale by public auction, vendue or outcry, within the
AND WHEREAS the sale by public action, or
vendue, of goods, taken as prize upon water, and con
demned in the Court of Admiralty, has been found very
prejudicial to the credit of the paper money of the Uni
ted States, emitted by the Honorable Congress; by afford
ing frequent, and tafy opportunities, of gratifying private
avarice, in advancing ano heightening the nominal va
lue of commodities ; for remedy whereof,
And be it enabled by the authority aforefaid, That du
the continuance of this AH, toe Marshal of the Court of
Admiralty of this State, ffiall not fell any goods, wares,
or merchandizes, or other property, by public auflion or
vendue; saving and excepting the ships, or other vessels,
taken up and condemned as prize, w ich vessels he ihall put
with and fell together with their tackle, furniture and can
non, and not separately and saving, also, such goods,
really perishable in their nature; or greatly dama
ged, so as not to be kept without further injury, till the
trial of the capture be finifhed, the fame to be so reported
to the Judge of the Court of Admiralty of this State,
upon the oaths of judicious and indifferent persons, ap
pointed to view the fame under like penalty and forfei-,
ture, to be recovered in like manner, and to like use as
the forfeitures herein before mentioned and directed.
And be it further enafted by the uthority aforefaid,
That the said Marlhal, shall make out an exaft inventory,
of the prizes taken upon water, and condemned in the
Court of Admiralty, and Ihall have them appraised by
three or more sworn appraisers, to be appointed by the
said Judge, at the true value thereof in current money ;
which inventory and appraisement, in which the distribu
tion herein after direfted shall be distinguished, shall be
filed with the Register of the said Court of Admiralty, and
in case no appeal be entered in due time, or in case there
shall be execution of the decree of the said Court, upon se
curity being entered in double the value, the fame (except
ships and vessels, and such perishable and damaged goods
as aforefaid) shall be divided and distributed by the said
Marshal, in equal and fair shares and proportions, to the
agent of the owners of the ship of war, if any there be, of
the one part, and to the agent ofthe Captain or command
er, marines and other persons entituled, by being prefect
at the seizure of such prize, on the otl er part ; or if two
or more ships of war shall have right to such prize, then
into two general divisions, one for each, to be subdivided
between the owners and crew of both of the said ships as
aforefaid, where such divisions and fubJivifions shall be
proper and just ; but into no farther or less parts or shares:
And in case it shall so happen, that the nature of the pro
perty to be distributed as a orefaid, shall not admit of a di
vision and distribution perfectly equal, then the right to
the fame in kind, shall be determined by lott, and the un
avoidable difference therein shall be equalled, and paid ia
money by the party receiving such mods to the other par
ty ; and tne like mode of distribution ihall take place in
case of re-capture, unless the former owner fhal l forthwith
pay down the taliage in current money; and the said Mar
shal is by virtue of this Aft em bled to retain in his hands
a fufficiency of the goods or property condemned, to se
cure to him in all such cases of distribution as aforefaid,
the payment of the costs of suit and other reasonable char
ges by him expended for the securing and distributing the
said captures.
And be it further enabled by the authority aforefaid,
That the said Marshal for all goods so distributed, shall be
entitled to a fee of per cent and no more. And the
said appraisers shall be allowed and paid a revocable re
ward, for each day which they shall be employed therein,
to be ascertained by the said Judge, the said allowance to
be defrayed out of the said captures.
And be it further euaHrd by the authority aforefaid.
That ifany printer or other person, during the continu
ance of this Ad, shall print, write or publish any adver
tisement of the sale of any goods or property, not warran
ted or allowed by this Aft, he or she so offending, shall
forfeit and pay the sum of pounds ; one half pare
thereof to the person who shall sue for the fame, and (he 0^
ther half part thereof to the use of the Overseers of the
Foor of the city or place where the offence shall be com
mitted ; which sum shall be recoverable in a Nummary way
said city, and within two miles of the said Courthouse,
from and alter rhe publication of this AR, of all lands'
and other real efiates, and of all other property permitted
by this Aft to be fold by public auction, vendue or outcry,
other than the sales by Sheriffs and other officers, Execu
tors and Adminifirators as afore said, ihall be performed
by an officer, who shall be appointed and commissioned
for that purpose by and who ihall be filled the Aucti
oneer of the city ot Philadelphia ; and if any person or per
sons, other than the said Auctioneer, his deputyor afnftano&,
shall, in the said city, or within two miles of the said
Courthouse, offer, or expose to sale, or shall fell by public
auction, vendue or outcry, any lands, houses or other pro
petty, permitted by this Aft to be fold by public au&ion,
vendue or outcry, as aforefaid, he, the or they, so offending
shall forfeit and pay for every such offence a sum of money
equal to the value of the lands, houses, goods or other pro^
perty, so offered or exposed to sale, or so fold by public
auction, vendue or outcry, to be recovered by action of
debt or by indictment, in like manner and to like use, as
in the case of persons, who shall fell by public vendue, any
goods by this Aft, prohibited to be so fold, as aforefaid.
And be it further enacted by the authority aforefaid,
that it ihall be the duty of the said Auctioneer to enquire di
ligently after all offences against this AR which ffiall be
committed within his jurifdi&ion, as above described, and
to inform against the offenders, and to recover the penal
ties directed, and provided oy t ^ A& ; but not exclusive
of any other person, who will sue or prosecute for the fame,
and the said Auctioneer shall, before he enters upon thejdu
ties of his Did office, become bound, with two fufficient
sureties unto the President of the Supreme Executive
Council of this State in the sum of
conditioned for the faithful performance of the duties re
quired of him, and for the honest and just fatisfadion and
payment of his employers and every of them ; and besides
the usual at teflations required of the officers of this State
by law, shall take an oath that he will to the best of his
(kill and abilities faithfully perform and execute the duties
required of him by this Afl
And be it further ena&ed by the authority aforefaid,
That the recompence of the said Auctioneer, for felling
at public au&ion, cohering the money, and paying c
ver the fame, without less or wafle, shall be as follows ;
that is to fay;