The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-02-06 00:00:00, page 2

to FRE'EMEN of PENNSYLVANIA
p Y tne thirty-fifth feftion of the Constitution of Penn-
Sylvania it is etlabkNeJ, that “ the printing-presses
fltail br free to every perlon who undertakes to ex inline the
proceedings ofte legislature, or any part of government."
Und^r this warrant or ratner invitation, the 'writer of
Ru-fe rem irks takes the liberty of animadverting upon two
arils o' Assembly, puffed during the late fitting, for reverf
inf the attainders of ReynAd Keen and Albertfon Walton.
In trie firfl price, it is mcefiary to flute their cases , and
rids will be done in a few werfs. bi hefe two perlons had
vNynttrily forsaken their habitations; tie former at Rea*
< 4 my i : Berks} ounty, tire 1 ttter at Biberry in the county
ofPNG h-lphri, and had taken refuge in the enemy's camp
whom a fitmt tjme after Gen Howe seized this city. By
rids overt aft of treachery, if t.ey afterwards added no
oner, they dgidyinjured their country int e hour of her
diflrpfs.' Them weight and influence were added to the
Cede of ifr'cruel eves, who were Seeking to destroy the li
firepan I fifety of all America. Tais conduct, lift win
<~, appear d h' lily cruninal, to such especially, as had
kbtn I mod th. ir own houses md property, in order to avoid
bring fubjeaed to the British power. Had multitudes fol
-I^.^ ! tne example of these men, the great cause of freedom
st ' our country had been shaken to its foundations.' Their
( ¥ e a harts no deviation from compel Ifiou or the mar
o /ecGna' injury. Tims citcumkanced, these offenders
were The ; upon, within a time limited., to render them
tfo^sup to the juftire of t.ieir country, and answer for
j riling the armies of the enemy: Reynold Keen by the
aft ofittrinder/and A'b^rrfon W^ton by proclamation,
fcunde. lupon that aft. Both negating to appear within
t e time, flood attainted of high treason. In other words
trey were placed itritlie filiation of criminalsconviaed and
hi I ringed to EG r death, and forfeit their goods ; nd lands
t'tie ufeof tne kite. Afis of Parliament of a like nature
lavc ba^n often pissed in Great-Britam, in times of the
§ reared bborty, in the If e cases, and somewhat Similar is
rhe common Itw process of outlawry', by which a perlon
charged with felony or treason, flying from faftice, and
making cl 1 tult, after being duly called, is fente need by
operation ofhw. In th : s condition Keen and Walton on
the twenty-firft day of Au:uft laftimpl®red the mercy of
the iate Afembly, praying for pardon, er at leak for t! e
Opportunity of trial. The petition of Albertfon Walton
was barely read, but that of - Reynold Keen became the
fabric of two quefiions, both of which were carried in ri C
Active. Afterwards his petition was also di 'miffed.
Toe con .loft of the House on this occasion was very pro
'per, the bufi teA being purely of tire cx^utiv kind, an 1
ns such, By the Confritwion, vefed in the Council. The
oG of theT'raen needed not the intervention of the tegifla
rrv They, like the Heathen Gods in I'pic poetry,
'/mull not defend from their own Sphere but in aftsof
c/'Kcwe nccefrity. Byfuch ioterp Shions jufii^s depra
ved, andthe power of rigidition perverted. Byßwsaft r
rim fM, and A?' idly rs the aftira of in iiwduds, the
Aflenb : ymnft often introduce great inconveniences No
, t n, ' e-efare, beta afe of insuperable difficulty Nonld
cd< ^m o meddle wan such fubjefls. Indeed a practice
of ptflbr? occasional a°! : , 'or regulat'ng each particular
<wA, w.mld tend tointroduce a government independent
c c/'N^.l In s, ^hi !1 is the worst of fiavery Tee
c # .hrm'>f theleT^Tuie, for the time being, would be
therr^uhd o'd Non , no m n would teve-any.ru eby
v .to f,ir : - conicri, nor ! e able t)gulfs how he
wodd fire, ri Geof^ny Nppofed tranfgrefhoo. Let us
tj Hethe prTmt efe. Suppose an inflame fliould o cur
w m-nn an ofnJ?r fliesl.l, on account of the attrociouf.
rm . of his ;udt be doomed by an aft of Assembly to
gr I''., pm. 131 penalties than the ordinary course of
.ft e wotrid infl ft tin 1 s crime. Now this would be
TO n Irons ; °n 1 why ? Not b mely on account of the feve
r 7, but 'eaufe the man ou;ht to be left for his trial and
p -=N nt to that law ^hich ue had broken , and not to
te c with according t> a new law, which did not exifi
at the time, and which, of consequence, he had never brp.
p- Tie" lira? tin! mighty powers of the legislature
ci hr therefore to conhie'Twmfelves to the proper b^fi;-
tv ri of making laws, and leive all executive business tothe
Magifirates, whefe'authority is bounded by known and
cerAin ru'es. The competency of Council to the cases of
Reynold ERenand Albertfon Walton, was unquestionable-
If ca,itil purifaments were too Severe, they might have
fmre/l life on condidri of quitting the United States. Far
ther, they could have remitted all corporal fuffering, nay,
even their forfeited estates. Sflll farther, a full and free
5 pardon heals every blemith cause I by attainder; corrup
tion of Wood, tee only blemiN whi.h a pardon could not
heal, being abolished fpm Pennfylv mja. This pardon
Council were by the Constitution able to have granted, for
the late Ass mbly had, fitter after the attainder took place.
'' The President, with the Council, Nall have po er to
<' orant pardons and remit fines in all cafs whatsoever,
. “ except In cases of impeachment: and in cafs of treason
< : and mar ler, fhdl have power to grant reprieves, but
" not to pardon, until the end of the next sessions of Af
'- fembly."--Th, / / / r. Cots. If then the regular and con
riitutiond authority of Conn il be thus applicable to dis.
fer ntde rices of guilt, why was the legislature called in to
Give a'diffi Nty whi~u never exited? On the seventh of
September lift one Hu^h Montgomery petitioned the As-
Gwbly for licence to keep a tavern. No one doubts their
power to have pari 1a law for this purpose, butthey wife
ly declined inter/mddbn,, and left rim to make his appli
cation to tee Court of Quarter Seftons, who had cogni
zance of this as the Counil had of the other cases.
The time of rife former A.Tembly having expired, and a
tnew one being met, frefli applications were made to them
in favour of Reyn eld K en and Albertfon W ilton, and they
were listened to. Bills for their relief were read four times
mid passed into laws, but they were not publifued, altho'
the Oon flitution requires tha&|l bills of a ^uWic nature be
primed 'or the onfiderftion of the people, before they be
rea• the last time. Can attain iers in treason, wherein t e
commonwealth is party, be fubje&s of a private nature ?
Surely there can be no queflion upon this head ! Here,
then," the Conflitution was violated. Indeed, private
bills,, property so called, or at le?ft the fubjefts of them,
for obvious re sons, ought always to be publiflied ; and
such has ever been the practice
Let us now confi *er tiefe afts themselves. The firfl in
er ler is that intitled “ An afd for the repeal of so much of
the aft of Assembly intitled An a£t for the attainder of
divers traitors if they ren ler not themselves by a certain
day, and for veftin, their estates in this commonwealth,
&c. as relates 'to Reynold Keen, therein named."
Ry the preamble it appears that Mr. Keen, in his peti
tion to the House, had set ft rtk, “ that he the frid Rey
nold Keen, from his situation in the city of Philadelphia,
and,in the power of the enemy, was unable to render him
felf on or before the day li fitted in the said a&," so that
his crime in throwing hiefelf into the city of Philadelphia
and into the power of the enemy, is made his excuse;
which to be fare could never be admitted in the ordinary
Courts of Jufiice.
He represented to the late Affetnbly, that he had un
fortunately gone into the city But why did he go ? Jo
seph Galloway and Andrew Allen could by this time fug
gefl, that it was rather unfortunate or them that they
joined General Howe at Trenton, and camuel Shoemaker,
that he was no Sent to Virginia. John Roberts too, has
been unfortunate; because toe-enemy did not Succeed. A
man may be very unfortunate, and at the fame time very
guilty.
It is not said in the preamble, that the faffs set forth in
Keen's petition are true, or that the truth of t em had
been ever examined. Neither do the minutes of the
Hiufe New it. <' His petition was read a Second time,
and Considered, and leave . iven to brin; in a bill, agree
able to the prayer of his petition ;" such are the words of
the minute - Yet the aft goes on to reverse his attainder,
in these words; that so much of the said aft, as attaints
the said Reynold Keen, is repealed, $ c.” Then follows
a proviso in the words following; “ That nothing herein
contained Nall extend, or be construed to extend, to re
peat, or alter any part of the Gid law only with regard
to the person ofkeynold Keen." Here it n^y be observed
that the forfeiture ofbis eftaterfeems to be reserved^ The
House, whilst they grant him trial in refpeft of his person,
.that is, for his life, retrain toe repeal from extending
further. Indeed, in the ft passed for the relief of Al
bertfon Walton, they have in full terms reversed h r at
tainder, both as tc person and estate; hut, as that aft con
tains divers uncommon exemptions, toe law passed in his
favour affords no ground of argument in favour of Reynold
Keen, but ratner the contrary for a further benefit, ex
pressly provided in a liter law, imphe , th t where it is
omitted in a former law, .the Legislature meant not to ex
ten Gt Besides, it is very obvious, thitthefe cßates berig
once fully vested in this Commonwealth, could not re eit
to t e former owners, without an indubitable grant, for
I take it, that all relaxations towards : criminal, ufonhi/
fremi% mu be taken finely, and not exten led beyond
t e words, in his favour ; especially, where the public is
concerned./
The est concludes with another proviso; " That the
said Reynold Keen surrender, on or before the firft day of
December next, and abide his trial, for any treasons or
misprisions of treason, that he is, has been, or may be
merged with." Tris aft was patied on the twenty sixth
of November, having been twelve days before the Af
ftmbly.
The fecend aft, pteprifed to b n considered, is that en
titled " An aft for the relief of Albertfon Walton, of Bi
berry, otherwise called Albinfon W~lt®n."
In the preamble, it is recited, that Mr. Walton by the
name of Albinfon W Itou of Biberry, was by proclama
tion of th A Council, summoned to render himfelf, &c. on
or before the twenty-fifth day or June lift, in order to
abide his legal tr ; al fcr any treasons or misprisions of trea
son, whteh might be ch rfceJagainft him. Here it is ob
servable, that a mifnemer Nthe chriflian name of Mr.
W Iton, is alledged, fuffi lent perhaps to vacate all the
proceedings against him. Tne impelling not only varies,
but the words differ in found. On being demanded to
answer in the Court, why execution ihould not be awarded
agarift him, he might have answered, that he was not
the fame person named in the Proclamation. The plea
would have merit d attention; more attention, perhaps,
from a Court of Law, than from the wisdom of the Lefeif
lature. It is likely that some hun ry Lawyer, who want
ed hard money, advised him not to trust to it, but to ask
for trial. Numerous trials are the harvefl of tuefe people.
Noticing the Court or Council could do, would ferye their
purposes. Nobody can fnppofe, that I mean any of the
gentlemen who appeared lately in beh df of the Tories ;
for they must be insatiable, if they be yt hungry. If
this flaw in the name of Mr. Wilton be considered the
interposition of the house will appear to have been even
less necessary than in the case of Reynold K^n. In tie
next place, I was really furprifd to find it recited, that
Council had summoned him to answer for misprisions of
treason more Specially, as Council had no authority to
call upon rim, or any one else, for misprisions, but for
tre fo°s erdy Indeed, upon looking intori e Pro.lama
tion itferi, I can find no ' fuci tiling as miforifion of tcea
fon mentioned and should therefore be tempted to doubt
te truth of the suggestion, were it net fx be incontefti
ble prefurnption o truth, in .11 things contained in a law.
In the second feclion, we are told 'hat " ir is set forth
by Albertfon Walton, in his petition," (not thatit is made
apper) “ that from the eighth of May," (the date of
the Proclamation) “ till the twenty fiftu of June," (the
day fixed for his surrender) '-he was in the power of the
# enemy, and that though he endeavoured, yer he was not
able to escape from them." The reader chill easily recoi
led, that General Clinton and the BritiN army abandon
ed this city early on the eighteenth of Junri W:ere was
Albertfon Walton from that day to the twenty fifth, that
he did nt surrender himfelf, as many others did ? And
where whs be for some time a'ter ? He was gone towards
New York, not being yet sick of thecaufe hehad espoused.
I io not pretend to fay, what it was wrought his convic
tion, but we have all heard of the battle of Monmouth.
In this'man's petition to the late Assembly, he laid the
blame of his go ng into the city on “ evil counfellors,"
alluding possibly to his nep ew, Captain Thomas, anoted
-Refugee leader," formerly of Northampton County, now
with the enemy. This bed advice may perhaps have con
tinued till after the day of his furrerder. The Attorney-
General heightens the charge a r a : nft culprits, by alle Ig
ing that they were moved and seduced by the infligation
of°the Devil. Is it any mitigation, that less powerful
tempters ypraHifed on the guilty ? Neither ought wh to
forget here, the extraordinary circumstance of his crime
being made his apology, in like manner as already has
been remarked in the case of Reynold Keen ; for it does
not appear that Walton was carried to New-York by
force. Next comes A)bertfon Walton's request for a trial.
This is followed by a reverfa! of his attainder, both as to
person and property, upon condition of his surrendering
himfelf on or before the fifteenth day of T ecember fol
lowing. After which, the Aft concludes with a proviso,
(not tint he abide his trial) but the: be remain punishable
for hny trefoils or nlirpri'fohs of treason, of which he Nall
be convicted, non trial by jury, and fcr which he may be
sentenced by judgment of Court. Some on reading this
feftion, will be inclined to ask, why he was not. left to
answer for other offences, befdes treason and misprision
of treason ? Why he might not be convicted, if upon ar
raignment he should confefs these crimes? Why he ftould
be exempted from process of outlawry ? for the proviso
seems strangely to set him in a very favourable predica
ment. Indeed, my readers will be inquisitive to know
who this Mr. Wahoo is, for whom these lingular exempt
tions are contrived ? He is, reader, an inhabitant of Bi
berry, in the county of Philadelphia, a township in which
not one inhabitant can be found, qualified by law, to a&
in the office of Overseer of the Poor, Constable, or any
other office. Here it may be objected, perhaps, and said,
what do you mean by exemptions in favour of Albertfon
Walton? These are downright blunders. But this can
not be, reader ; for gentlemen of educa ion and feme of
law learning too, grace the prefect Assembly : Men, who
certainly underhand themselves. The two former Assem
blies, under the Commonwealth, were indeed plain men,
without the advantage of refined education; but this is
n>t now the case. And-we are not, in charity, to suppose,
that this act wears the dress it does with design to disparage
the present Constitution, and to New the need of another
branch of the Legiflaturc.
The bill was brought into the House on the twenty
fourth of November, and passed the twenty-seventh in t"hq
forenoon.
There is one thing remarkable in both these cases; that
the petitioners had not, at the time of their application to
the Assembly, put tbemfelv s upon the mercy of the frite,
by furrendermg themielveg to jufuce; y<t in Walton's pe
tition of the zdl of August he.fays "he has put himlelf
on the mercy of his country." They treat with the House
at arms length, lurking in their retreats, and ready to fly
to diflant places, if their terms be not complied with.
Was it in character for the legislative authority to fuffer
itfelf to be haggled with in this manner? for convißs to
be confeffedly in the fiate and thus to negeciate with the
lupreme authority? But the way is now open for the
friends of those traitors, who have fled to New York, to
drive a bargain with the legislature for their Case return.
Toa byeftander it appeared extraordinary that an A.f.
femriy, confining of gentlemen of understanding and sen
sibility, should thus readily pass these needless a&s of legis
lature, especially at the time they did. The Council had,
on tc.e fourth da) of November, with great wisdom, fuf
fered the law to take its course on John Roberts and Abra
ham Carlisle; men formerly.of good reputation ; one of
them rich, both highly befriended. They both fuffered
death, notwithstanding the most powerful intercession in
their favour, and the' it was well known that in dying,
they would beconfidered by many, not as traitors, but as
martyrs. In this trying conjuncture, and when there was
no great prefpea (such was the merciful temper of the
(ourt and Jurors,) that any other culprit would be brought
within the danger of capital punishment, whom rim Exe
cutive Council could confidently pardon; Was it confide
r te, was it decent, for the legislature thus to go cut of its
way, thus to grace itfelf with instances cf relaxation, pro'
perly belonging to those who had the irksome talk of (up
porting the laws by necessary ads of severity. This sen
timent affected me Wrongly at the time I asked myfelf
if it was to be expected that any gentlemen of spirit or
prudence would fit in Council on these unequal and unge
nerous terms. In fad, it ha? transpired, that the Board
were Nocked at the inattention and want of feeling disco
vered b the aCts in queflion.
But it was not inattention in all. Some persons consi
dered that the Vice President and Council were steady
friends to the Constitution, and an opportunity offered of
contrasting and setting in an unfavorable light their reso
lute deni il of pardon in the cases of Roberts and Carhfle,
, by an exhibition of mildness, tenderness, and even facili
ty, in the Assembly, towards Keen and Walton. The
party had tried already to bring the Council into reproach,
by wiiSpecs induftribufly circulated, ihfinu°ting that these
executions were afts of barbarity and murder. Rut these
practices had not answered the design.. The whigs in the
city and country approved the conduß of Council, and
these men themselves durst not openly cenfureit.
The main device, however, remains to be unfolded. Is
it not certain that these indub ences, thus feemihgly ex
ten led for the benefit of Reynold Keen and Albertfon
Walton, are parts of a Scheme, laid by Some persons, to
open an easy and fife way fcr the return of the refugee to
ries? Mr Keen may be fixed on for the opening of the
business. W Iron, a higher offender, Tho more favored,
the next. After a few intermediate characters, oneabove
another in guilt, 'may we not forefee that "John Patts and
John Bidde will appear? Then Samuel Shoemaker, An
dreiu Alien and Jofepb Galloway will have a beaten path
to come back upon.
Was it for this purpose that the publications in the
news papers, Signed Hampden, jnft before the last election,
were designed ? The late Assembly were an unleavened
body of determined Whigs. It was necessary to dismiss
such uncomplying 1 men, and to get more maleable fluff
into the House. Heides relieving their friends and kins
men in exile, the party in opposition would doubtless gain
Several able adherents amongf lthofe foes of freedom and
their country, who reprobating independence, must ne
cessarily join in overfetting the present Constitution.
Yet, as the change of members of Assembly in OCtober
last was but partial, and the true Whigs flill possessed the
major vote in the House, by what means has this ma
noeuvre thus far succeeded? It is probable, the superior
address of the Schemers enabled them to carry these afts
through, under the acquiescence of the plain, unsuspect
ing, country gentlemen. But these are now warned of
the plan. Farther Reps in it must be their fault. What
has already happened can only be excused as the effect of
practice and furprize.
How differently do they think and aft at Boffon I A
bill has passed there, for preventing all who took refuge
among the enemy from ever returning to their slate.
They have sent this law to us, desiring to know what
traitors we have placed in like Situation, that they may
be aware of them. But alas I we seem fated to continue
the fink of Toryifm 1 We cheriN those of our own growth,
and invite the outcasts of other States.
A WHIG CITIZEN.
N. B. John Biddle and John Potts have each of them
brothers in the present House.