The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-08-23 00:00:00, page 2

Tore PP'lv'T"^.
r~ ~ b", puuir -.! °t. f ifif depending before th* T
-1 g:".?uct, T % em:»rfr d:r tied by t. e confii
t lion, !o #j .t. 6ki n in preserving qur rulers from
irc.ofi ion and millke, Aou'd be much more advanta
gioust te Rate, if perlons of ledure, knowledge and
furit y would xi\,u these laws ; n embrio, and
, e th* polk Do ir ardtar'etnuka upon them thrq'
fro cia&ud of the newspapers. W re this generally
don, we th wd t^ our ids of ffrmbly come forth
LT crude as to the flatter of them, and in a more be
coming g r 'b loan ^ y fon^tin^ do: they would
•probably favour more of wffdom and found policy,
anl be I bi^ie t> irksome amendments and repeals,
widen too often tike place in the very next sessions af
ter they ; ae been pdfrd. Though the people seldom
attend to bills bins printed for consideration, yet when
on new law pinches, they cry aloud and spare not.
The au'h u of the following Gridcres, having seen in
a fare G ztie'(of Juneißin lad,faubhihed by Hall and
&hlers of thi- cuy, a legislative essay of this nature,
greatly important to this city and vicinity, and find
ing no observations have been made by an abler pen,
ventures to give his thoughts concerning it to the pub
lic, by the mdhim of your useful paper, with delign
to apprize the affimbly of the difficulties which occur
to him upon reading i', hoping thereby to guard that
honorable body from the needless trouble, and per
haps mortification, which would probably ensue from
thur paring the bill as it is now worded; for if the
new law ft u d not go to r p l quietly, as many of our
former ill judged and indigested Gatutes have done, the
n : xt house may expert to be beset with petitioners cla
mouring for the repeal of the far greater part of it.
The purp)fe of the bill, is the regulation of lots of
ground buildings, fences, common sewers, Greets,
wharfs and tbelike,as well in the difliißof Sou hwark
and the south e or" preedit of the northern liberties,
as in thecity itlelf ; the title is lengthy, yet it finifhes
with these dark, but all comprehending words, “ and
for other purposes therein mentioned," words, with
which the titles of the acts of affemb'ly of Pennsylvania
are so often tagged.
My 6rd remark shall be, that besides an old law on
this lubjeß, an art for mod of the purp fes of the pre-
Dat bill, as far as it regards the city of Philadelphia,
was passed in April, 1782, which aft is nearly copied
into the proposed law ; yet there is nothing in the pre-
Tut draught, which bespeaks a repeal of these former
laws; it Should seem therefore, that three ads on this
fubjert, all differing from each other, are to fland and
have efFeirt at the fame time, a circumflance which may
indeed exercise and perplex the officers who may be
appointed to enforce them but can answer no ufeful
end whatever. Laws to be executed by the mutable
officers of countiesf or townships, above all other,
Should b° plain, fimpleand disentangled of references to
other ordinances ; this lad mentioned art of Apri', 1782,
is a reasonable law, except as to some ill-devjfed para
graphs near the close of it, concerning the grates or
covers placed over the vaults, which former indulgence
had permitted to be dug under the Greets; and ex
cept also, as to the authority thereby veiled in the
commitdoers forpaving the Greets to remove the trees
growing in the streets, which trees were thereby de
cia ed to be nuiSances. Fofh must it be in every ones
memory, tnat this las lidea being contradidory to the
law 0 the climate, could net stand. Common sense
role agand it, and a sudden repeal as to this part of
the art, ensued; had the summary powers provided for
correcting the mifehiefs caused by the grates afore
mentioned been executed, we Should probably have
heard complaints also from that quarter ; the present
bid repeats the clauses concerning the grates, very lit
tle amended. To a person who understands the fub
jefl, it mull appear, that after all, an indictment of
the delinquents at the common law must be recurred
to, as the mod sure and effectual remedy; for this pur
pose, let the city court at its fitting in Ortober next,
charge the grand jury to view and report all nuisances
of this nature; and upon this let the bench give notice,
that unless the several offenders or their tenants make
the necessary repairs, that at the ensuing court in Ja
nuary, the defaulters who continue pervert shall be
indicted.' The friends of this bill difeover much anxi
ety to correct the abuses caused by the vaults under the
streets, yet Strangely provide for the extending of the
evil, by authorifiog the city juflices to licence the dig
ging of new cavities of tl is kind.* It may be very
justly observed, that the erecting of summary jurisdic
tions without jury trial, after this manner, upon
every seeming difficulty, is but a poor Shift; were it
not that the execution of those odious authorities is
irksome to the officers to whom they be given, we Should
perhaps by this time have made great progress in ex
eluding altogether, the boafled privilege of trial by the
peers'of the accused. Cur law book abounds with such
jurn/iCtions, ye; certainly they are le s operative than
the old and couftitutional modes of prosecution de
rived from cur forefathers and predecessors- The pro
moters ot this bi;', uninformed perhaps of this, seem
fond of mohipbing them. In Section 5, they propose
that four juflices of the peace, and the regulators, if
they can obtain t e concurrence of a judge of the su
preme court, be authorifd to abate and remove with
out appeal, any private bulldogs, which the regula
tors foppofe to stand on the streets; but whilst the
proceeding by indiement for such nuisances is plain and
unembarrassed, ir is not easy to imagine why the free
holders of the city Should be thus divested of th^ir right
to trid by jury, especially in a case where landed
estate is concerned. The attempt indeed is new and ex
traordinary.
t The commissioners of the county of Philadelphia
were lafl winter so unfortunate, as to be indicted for
misapprehending the meaning of a most darkfeme aft
of Mfembly How terrible, that honest men Ihould be
so hstaffed !
* Cut the new vaults may not be extended beyond
from die fronts of the houses, under the widest
# High Greet and Broad-street, consequently
: o half only in streets of fifty feet broad.
The aft passed in April, 1782, as well as a farmer law
passed sixty year o force, enjoined, under a small penalty,
that every freeholder in the city, who intended toereft
fubflantial buildings of Gone or brick, along the line
of the adjoining Greet, or of any neighbouring freehold,
Should previously employ" two of the regulators to as
certain and mirk tire boundar es of his lot; similar
laws had done thelike, as to the Suburbs comprehended
in this bill; this was precautionary, and intended to leave
every trespasser, on public or private right, without ex
cuse, if he rashly intruded upon either. Having tbisop
portunity cl being set right, it would not be thought se
vere if tne i nprover, who Ihould intrude his wall'with
in the public nigh vay, even by mi'ftake, were iodised
for the nuisance, and judgment given that the Sheriff
proflrate his encroachment. The bill before us does
not flop here, it direfls under Similar penalties, that
the regulators of the city or Suburbs reSpe&ivcly, be
called, before a Gable, flied, or even fence of wood be
tween neighbours be set up; can it ' be thought neces
sary, in the cases of such light and moveable liruaures,
that so much trouble and expence Should be introdu
ced? And will not such an incumbrance upon landed
property tend to bring-into discredit and diSufe the
beneficial praHice of Surveying the city lots, in case
of ereHing immoveable edifices, though it be Strongly
recommended by the experience of more than sixty
years? Whatever some may think of the ft ength of
legislative authority,'it will be found, that much pru
dence is required to fecdre obe lienee to its injunaions,
wife law givers wi I therefore leave to the people, as
much of their natural liberty as may consist with the
ends of government. They will contrive to manage
the Gate machine by flight and imperceptible touches,
and, if possible, keep themselves out of fight; sensible
that the less thy be seen to interfere, so much the
better.
Another remarkable purpose of this bill, is to em
ploy the regulators of the city and adjoining diGrias,
to survey, arthe pub ic charge, the city-plat, and those
of the suburbs, in order to afeertain with precision the
interfedions of the Grefr, and to mark the fame in a
permanent manner, and to form maps of each diftrid
and draughts of the subdivisions, as fevered by the
crossings of the Greets, distinguishing the several free
holds by the names of their refpe&ive owners. How
ever Dieful such a domefday-book*,compiled with
impartiality and accuracy, might be to the landed in
terest, or to posterity, it would certainly be a very
expensive business to the present generation; for it is
proposed, that the regulators of the city and precinds
aforeirenrioned, perform it, and receive out of the
Greet or road tax, for their'recompence, 12s. 6d. per
diem, each. Whether a heavy charge of this nature,
ufeful specially to the freeholders, if to any, should
be fiddled upon every inhabitant of the town; f whe
ther the charge itself be expedient, whilst we labour un
der the grievious burdens fixed upon us by the late
necessary w^r; or daftly, whether the object be worth
purchasing at the obvious price, are questions which
will be very freely difeuffed by the people, if ever they
feel the effects of this scheme. 1 cannot believe, that
the country gentlemen in the house urge it upon the
citizens. The plan must have rifeu among ourselves;
if so, pray who are the authors of it, and what would
they be at ? High or Market Greet has long been fixed.
The a^ of April, 1782, direfted, that Vine and Cedar
flrects (the northerly and southerly bounds of th ecity)
Ihould be afeertained with exaHnefs. xvlany viewsand
menfuratioos have been taken, and much time (pent
for this purpose. After this a plain man might think
that enough has ' been done to render future regulations
within the city, precise and facile; and that a few
stones, set in the ground at three or four Rations of
each of the three Greets just named, westward of the
built part of the city, would fu percede all further
public expence of surveying t e city plat.
Mr. Printer, it would fatigue your readers and ex
ceed the bounds I must prescribe to myfelf, in order to
find admission for my observations in your paper, to
go, after this manner, through every questionable pa
ragraph of this rude draught of alaw. Yet one other
novel and incautious reflraint upon freehold properly
cannot be palled over without special mention. It is
proposed to oblige the owners of the lands in and near
the city, which front upon the rivers Delaware and
Schuylki I, before they extend any wharff into the bed
of the river, to call upon the regulators to lay o&t
and mark their boundaries, northerly and southerly,
in order to prevent incroachments upon their neigh
bours. So far this might be well enough; for in do
ing this, rhe#egu!ators would have a rule so go by.
and such a precaution, if liable to an appeal, as in
otter cases, but which is omitted in this iuftance,
would be proper. The bill, however, flops not here.
Three or four juflices of the peace, with the regulators
of the city or diGrid, are to be empowered to limit
the extent to which such improvements may be carried
from the fliore. Of course, the'e public officers wcud
if the bill pass and have effed, be enabled, without any
opportunity of redress, in c aie of injury, to form or
ders as their judgment or caprice may lead them,
greatly distressing to the owners of these important e
flates, which must, thereupon immediately fink in value.
But I have no notion, that such arbitrary and odious
powers could be executed. If the channel of the Delaw
arebe indeed liable to be obGruded oraltered by the un
fyftematical proceedings of individuals in wharff build
ing, let a plan be devised, and upon mature delibera
tion established, so that some principle be attained
for regulating future improvements of this nature.
But every attempt, li<e this, to introduce arbitrary
* The domefday-book, a work ftdl extant at Weft
minGer, contains a survey of the lands of England, ft
was compiled in the d ys of William the Conqueror.
t Surely it cannot be intended that the road tax
of the whole townihip of the Northern Liberties, thall
be charged with an expence which can only benefit a
small part of it. set as there is no road-tax special
ly laid within the southeastern precinft, referred to
by the bill, the demand must come upon the supervi
sors of the townfhip', without other provisions be made.
powers will be vain. Corttadiaia a s they would do
the education, habits and feelings of the people, ard
the nature of the government, they must remain a
dead letter upon our flatute-book. It j s worthy of
note, that the breach of an order in such case is p u
nifhed by the forfeiture of 5 01. only. 1$ the payment
of this trifling penalty to fanHify the tranigreffion or
18 not the offender to be punished as a trespasser 'by
indidment for nuisance i the like quehion may be'aft
ed concerning the fine of 101. laied upon those ^ho
encroach on the Greet after their lines be given to
them by the regulators, in case of building houses-
Certainly, both of those ought to be dropped out
the bill.'
I can but barely mention, that it is defined by
this bid to authorize the regulators to determine in
what cases walls shall be ereßed between neighbouring
lots instead of common fences, and to compel the re
luflant party to contribute ; but the materials of which
these walls may be made, whether earth, wood, brick
or Gone, are not given. In short, for a legislative effay'
this bill is very defective. The tenses of the verbs are
often ^expreffed in the present time, when the future, or
at leattthe fubjunßive form would be proper, if not ne
ceffiry to the sense and design. See the clause to au
thorze the budding of walls instead of common par
tt ion fences, lines 2d, 12th, and 15 tb. An ambigu
ous and wrong use of words, and even falfe spelling oc
curs in this bill. Thus square, denoting, when ft <ken
concerning a town a l^ge open place, is in falion
XVII properly applied. In other places, as in foAion
'A " °'' d ^° ^ nif 7 a subdivision of the city, form
e, by ' he "° ffi !^ of the Greets at right angles. For
wharff in the plural, as in the British flatuses and else
where, we conflantly in the bill find wharves, accor
d'rf,to the vul ^ r pronunciation of Philadelphia. See
Ift Eliz. cap. 11; 13th & 14th Car. 2d, cap. ir, fec.l4.
Blackflone's Commentaries, V. i.
I shall only add, at present, that the directions for
levying the penalties, mentioned in the bill, are uncom
monly emoarrafled. ft would be difficult, were a law
passed in the present words, to find, what jurifdidioß
to resort to, for most of them. For inGance, it would
be far from being clear, whether the penalty above
mentioned, of 5 01. for extending a wharff in fouth
wark beyond the bounds prescribed, Ihould be reco
verable in the city court, or before a single juflice
of the peace, in a summary manner ; if it be the lat
ter, the authority would be dash ed by the referrence
to a supposed mode of recovering of debts under <l.
there being none of this description, yet provided. For
demands not exceeding s l. tuereis^oerhaps this was in
tended. If this coarse bill were put into the hands of
an able draught-man, he might greatly Ihorten, at
well as improve it, even though none of the objeds of
ni, from Leghorn, and to be SOLD by
Samuel Inglis & Co,
TUSCAN Earthen Ware, Dutch Ware, Brandy
Liquors, Orgeat, Capers, Olives, Anchovies, Oil,
%°°' ^' S ' Shoe ^ thread Stockings,
° f ,^ and . ry ' Pa P er , Syracuse, Cyprus, Ma
m'n h 'c° a ° d Chiantl W!R e„ Manna, Almonds in the
shell, Shot, Gunpowder, Tin, &c. &c. Aug. 22.
PROCLAMAtTonT
WHEREAS the honorable Thomas M Kean,
esquire, chief justice; the honorable'
William Augustus Atlee, esquire, second justice;
the honorab e John Evans, esquire, third justice,
and the honorable George Bryan, esquire, fourth
justice of the supreme court, and of the courts
of oyer and terminer, and general gaol delive
ry, for the commonwealth cf Pennsylvania,
have issued their precept, bearing date the fif
teenth day of August instant, to me directed, for
holding a court of oyer and terminer and gene
ral gaol delivery at the State-house, in the city
of Philadelphia, for the city and county of Phi
lo^lpnia, on Monday, the twenty-second day
of September next.'
NOTICE is hereby given to all justices of the
peace, the coroners, efcheators, and constables
within the said city and county, that they be
then and there in their own perlons, with their
rolls, records, indictments and other remem
brances, to do those things which to their offices,
in that behalf, appertain td be done : Also, all
they who will prosecute against the prisoners
that are or then shall he in the gaol cf the s a id
city and county, are to be then and there, to pro
secute against them as shall be just.
Dated at Philadelphia, the twenty.firfc day
of August, in the year of our Lord, one thous
and seven hundred and eighty three, and in
the eighth year of American independence.
WILLIAM WILL, fheriff.
GOD SAVE THE COMMONWEALTH!
Three Dollars Reward.
T) AN-AWAI from the Ship Ann, on the 18th
instant, MICHAEL SHEPHERD, a well
proportioned Man, and a native o f Ireland, aped
twenty-eight years, f ve fe „ fix inchcs a
half ugh, we set, long sandyf and y Hair, brown
complexion, fullfaced, light brown Eyes, down
look, a fear on the knuckle of the fore fi noer
on the right Hand. Whoever will deliver
to captain Edmonfhme, on board the ship off
Market.ftreet wharff, shall have the above re
ward - August 23.