The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-05-18 00:00:00, page 2

be removed in manner following ; that is to fay, one-third
part in number of the Truflees aforefaid, being the third
part herein tirft named and appointed, shall cease and dis
continue, and their appointment determine on theMonday
next after the firft Lord's Day, commonly called Sunday,
in Mfy, which will be in the year of our Lord One thou
find fevenhundred and eighty, upon which day a new
election shall be had and held o; so many others in their
fiend and place, by a majority of the persons met and qua
lified agreeable to the purport, true intent, and meaning
of this act, to vote and efe& as aforefaid ; and on the Mon
day next after the firft Lord's day, commonly called Sun
day, in May il the year following, the second third part
incumber of the Truflees herein named, shall in like
manner cease and difeontinue, and their appointment de
termine, and a new election be had and held of so many, in
their place and Read, in lize manner, and on the Mon
day next after the firft Lord's Day, commonly called Su
nday, in May in the year then next following, the last
third part in number of t^e laid Truflees, Ihall in like
maimer cease and difeontinue, and their appointment de
termine, and a new election be had and held in like man
ner as herein before is directed, and that, in the fame
manner, and by the li.ee mode of rotation, one third part
in number of tue (hid Truflees shall cease, difeontinue, tad
their appointment determine, and a new election of the
said third part be had and held in manner aforefaid, on
the Monday next after the firft Lord's Day,commpnly cal
led Sunday, in the month of May in every year for ever,fo
that ho perLn or perfous shall be or continue a Trustee or
Trufiees of the (aid Church, for any longer time than
three years together, without being re-defied.
Provided always, That the persons belonging to the
said Church, who are in and by this aft authorifed and
impowered to elect, shall and may be at liberty to re eled
any one or more of the Trustees whose times shall have ex
pired on the day of the said annual election, whenever and
so often as they shall think fit.
provided mjo, That whenever ally vacancy shall happen
by the death, refusal to serve, or removal of any one cr
more of the Trustees aforefaid, pursuant to the directions
of this a&, an election shall be had of feme fit person or
persons; in his or their placs and dead, so dying, refufing,
or removing, as toon as conveniently can be done; and
that the person or perlons so defied, shall be, remain and
continue as a Trustee or Truflees aforefaid, so long with
out a new election as the person or persons in whose place
and head he or they shall have been so elefted as aforefaid,
would or might have remained and continued, and no longer.
Add that in all cases of a vacancy happening by the means
in this aft last mentioned, the remaining Trustees shall be
impowered to call a meeting of the electors for supplying
the said vacancy, such meeting to be notified and publish
ed in like manner as herein beforgis directed and appointed
for notifying and publishing the meeting of the Ttuf
tces.
Provided always, dud if is hereby enacted by the authority
aforefaid, That the cleat yearly value or income of the
meffuages, houses, lands tenements, rents, annuities, or
other hereditaments ^nd realeftate of the said Corporation
shall not exceed the sum of One Thousand pounds lawful
money of the date of Fennfyl/ania, to be taken and eftesm
ed, exclusive of the monies arising from the letting ofithe
pews, and the contributions belonging to the said Church,
and also exclusive of the monies arifiag from the opening
the ground for burials, which laid money shall be received
by the said TruXees, and disposed ofby them in the man
ner herein before described, pursuant to the vote or votes
of the members of the said Church, duly qualified to vote
and cleft as aforefaid.
JOHN BAYARD, Speaker.
Enabled into a law at Philadelphia, on Wednesday the
thirty firft day of Ma r cb, in theyear One thousand foven
hundred and froentv-nine.
JOHN MORRIS, Junior,
Clerk of the General Atfembly.
To the FREE Independent WHIGS of PENN-
S YLVANIA.
A N address to Mr. Jonathan Serjeant, Attorney Ge
f'l neral of the Rate of Pennsylvania, signed "A Juror,"
published in Mr. Dunlap's paper of the 6th instant, cor.-
tarns fume threats againfi Mt. Serjeant, which Should have
puffed without thedeall notice from me, had not White
head Humphreys, the author of that address, and one of
the Jurors on D. Franks's trial, since that time, been mor?
explicit in his declarations of revenge. I am told he has
(worn "by the living God, that be will cut off Mr. Ser
“ jeatd's eas, and drive bun out of the fate." This dread
ful fenteace, pronounced on oath, is against an innocent
man, on agroundtefsfafpicica that he published Mr. Franks's
letters, and the remarks which appeared with them ! Is
it then in the eyes of Mr. Humphreys no mfdemeanor, to
give private intelligent, to cur enemies, but to acquaint
the people with the proceedings of a Jury, a crime of the
blackest dye ? A crime so heinous as that, he who is only
fufftePted of it, whether guilty or innocent, is to be punish
ed with banishment and lufs of ears ? A flrange contrast
of opinions!
On what evidence Mr. Humphreys took up his suspicions
against Mr. Serjeant, is not for me to fay.' But as I al
ways thought Courts were held openly in free countries,
that all men might hear and judge of their proceedings ;
and that news-papers were Supported for the purpose of
communicating to the people all such transitions as it con
cerned them to know, I wrote the introductory remarks,
and pu'olifhed Fianks's letters. Tne remarks which follow
the letters were by another hand : They were written by
a gentleman as well a- quainted with the'laws and customs
in such cases, and as much a friend to liberty and the
rights of Jurors, as any man in Pennsylvania. Mr. Serjeant
never saw a line either of the firft, or of the last, until af
ter they appeared in print; and justice to my-absent friend
* requires me thus publicly to fay so. I ?in not insensible
* Mr. Serjeant has been absent on the circuit with the
Judges of the Supreme Court from the day on which the
verdiil in Franks's case was given, to this time ; and there
-fore I cannot fay, positively, that he was not near the house
where the Jury fat; but it is not probable that he was. It
is, however, certain, that a reputable man in the neigh
bourhood saw Mr. Franks tlrere late in the night, and at
about two in the morning, and tie may have been miftakeh
for the Attorney General. Mr. Franks's anxiety would
naturally induce him to be a little impatient, and the fall
is not mentioned as a reflection on him.
that this declaration may possibly fire the resentment of
Mr. Humphreys, and produce some rash and violent mea
sures; but so long as ears remain Whionable, I shall part
with mine very reluctantly. It is a good maxim, that he
who will not defend his own ears, is unworthy to wear
them. There may be men who have strength fufficient to
take them from me by fupt-rior force ; but I will venture
to fay, that he who attempts it had best take care of his
own right hand.
It has long been my opinion, that the insults offered to
the officers and friends of the present government, from
the firtl attack of R L. Hooper, upon the Attorney Ge
neral, at Reading, to the infulr offered lately to the fame
gentleman, at Lancaster, by Col. W. White of the Light
Dragoons, f has , been tueerfea of the countenance, if not
direct requef of a set of men, who have done their utmost
to overturn thecomflitution, and, having failed, are great
ly chagrined and sorely vexed. Suspicion cafis her eye on
Mr. Duer, late a Delegate in Congress, from the flare of
New-York ; on Goveroieur Morris, Efi ; % a present De
legate from the fame date; Robert Morris, and James
Wilson Esquires; Dr. B. Ruflt, &c. &c. of this fete. And
the prefect occasion calls upon me to declare this opinion
openly and freely. And I shall as freely declare, whate
ver others may do or think, that in case apy perfbnal abuse
or insult is offered, or attempted to be offered to me by
any agent, employed directly or indirectly, the fame shall
be retaliated on the principals, whoever they may be; and
I shall call bn you, my fellow citizens, to fuppbrt me in
it. As to mere perf»oal exertions in' the present case,
should they become necessary, let me remark, in the phrase
of a diversion, which it is said 1 have been too fend of, that
where men match and ,^ themselves, they are not apt to
give an ounce in weight, or aarop in bleed. The conduct
of Mr. Hooper and Nir. White, towards Mr. Serjeant, is
a proof of this, with refped to weight : And in the class of
men, some of whom I have, there is choice enough.
The free, independent Whigs of Pennsylvania know the
vast importance of a free press, on all fubjeds which re
late to public Affairs, and they will defend it so long as it
is hfed with decency. And therefore, unawed by threats
of any kind, or from any man or men, I shall tram time
to time Rate to you, fairly and impartially, such interest
ing fads as shall ceme to my knowledge, and which I shall
judge it concerns you to know.
Every body is agreed that trial by Jury is of great im
portance—some have therefore inferred, that their conduct
cu^bt not to be enquired into; but as the continuance of
this ineflimable mode of trial muji depend on the wife and
upright conduct of Jurors —the importance and value of
this mode of trial is the strongest possible reason why the
conduct of Jurors oug6t to be strictly enquired into.
With refpett to the case which has been, for some time
past, agitated before you, while it is considered as a single
case, it is, perhaps, of very little consequence, whether
D. Franks be found guilty or acquitted ; but, when it is
considered as connected with, and affording a precedent
in future cases, as I said before, it “ deserves very serious
attention."
If it is admitted, that the sealing and direding a letter
to a man in London, will secure the writer of treason from
punishment, what will be the consequence? A traitor has
only to acquaint his correspondent in New-York, that let
ters will be Cent, sealed and direHed to some body in Lon
don, which are to be opened by him, and all will be fafe.
Intelligence the most injurious to us, may be given with
out'the fear of puniihment! Is IT POSSIBLE THE# CAN
BE RIGHT?
The letters we before you—the writing and fending of
them is acknowledged—you are as competent to judge of
them as the Jury we re—and you have a clear right to judge
for yourselves, whether their verdict was founded on law
and reason, or not. If the laws in such cases are deficient,
they ought immediately to be reviled and amended—the
salvation of our country depends on it. If on the other
hand, the Jury have judged contrary to law and the opi
nion of the people, it ought at least to be expressed, that
it may be known, and others restrained, by a fear of pu
nishment, from committing like crimes.
T. MATLACK.
J Colonel White called Mr. Serjeant aside as if to speak
with him, and then ordered a Mulatto servant to strike
him with a whip.—The servant attempted to obey the or
der, but was prevented. A suit is commenced agaiuft
V/bite, and he is held to bail.
q It may appear strange to persons unacquainted with
the affairs of Pennfylvani i, that the two firft names should
be mentioned on this occasion ; but it is notorious here,
that they have been long and busily intermeddling with the
politics of our state; the latter so far as to appear before
our house of Assembly, as an Attorney in a case of a con
troverted ele&ion, while he was a Delegate in Con,refs,
and,muft consequently have ne^le^ed his duty as a Dele
gate. Whether their intention his been to disgrace a re
publican government, and thereby countenance the arifto
craric principle, which fierce men have boasted they have
fib; and artfully introduced into the constitution of New-
York ; or only to gratify private resentments, may be a
question. A plain common under Handing would conceive
it to be the interest of New- York government, to cultivate
harmony with Pennsylvania, for many very obvious rea
sons; whatever profound politicians, who often commit
great mistakes, may conceive. If the peopteof New- York
take a timely care not t® fuffer the great offices in their go
vernment, to fall too generally into the hands of their enor
mous land-holders, they may avoid the fatal consequences
which it is easy to forefee, will otherwise arise from their
controuf on the passing of laws. And in this case the fly
gentlemen who have contrived a trap for the people, will
afford one infiance of cunning outwitting itfelf.
For the PENNSYLVANIA PACKET.
To you, my worthy old friend X,
Who can't be angry, nor yet vex'd ;
For Gaff, altho' he trimm'd you keen,
Might only prick you thro' the skin;
But it it touch'd you to the bone,
No wonder you are restless grown.
Hudibrass.
Mr. DUNLAP,
I HAVE been just perusing a performance in your pa
per of the 13th in slant, under the signature of X. As
the writer dots not appear te have the highefl r^fped for
that excelterd mode of trial b, Jury, and feesis every now
and then to drop sentiments inconfifteat with the honor
and honesty of the late Jury on the trial of Mr. David
Franks, lam obliged to take some notice of him. I
would beg leave to assure him that the furor never con
ceived the least idea of the infallibility of Juries, Attor
ney Generals, Secretaries of State, or any other class of
men—Tnat he is not so enraged as represented, and the?
he may not have travelled over the huge folios of the law,
and be so capable of perplexing rhe human undemanding
as thi, elegant writer; yet his temper and disposition is
not so easy as to pals over without some degree of fenfibr
lity such publications, as are cab. ulated to reflect disgrace
on the conduct of a number of mtn whose only crime
has been their adherence to the did ales of ibeir own so.
fcieace.
" Whether the good people of Pennsylvania shall ever
" dare to enquire into the conduct of Juries" is a quefli
on, where they have &ed contrary to law and evidence,
that is not denied, and therefore needless » ,e debated :
However, if it was to be difeuffed by this great and able
writer, a Lord Bacon would be puzzled to comprehend
his abtirufe meaning, and confequentiy such altercations
would'be of little benefit to t.e public. The clearness of
this writer's method is quite conspicuous in this inimitable
performance: He begins with “ the enraged gentleman
called a Juror," and after wandering into the intricate
meanders ofliis own fruitful brain, all confuted about Ju
ries, party-spirit, and the opinion and charge of Judges,
he recovers nimfclf and returns with “ a word or two to
the person who signs himfelf a Juror." To this word or
two the Juror would reply---
True itis that Mr, David Franks was taken do aid
committed to the New Gaol by the order of Con 'refs
he was there detained for some time, until that Honorable
Body had leisure to re confid&r his .case. It was then the
opinion pf fevcral worthy gentlemen, and they Lawyers
that the Congress liad no business witfi Mr. Franks, and
indeed they were much at a loss what to do with him;
they did net, however, turn him over to'the S:dte to be
projccuted; they went not so far; probably they coin
cided in opinion with the Gtand jury who brought 111 the
firft bill preferred againlt him, Ignoramus Their re
solve is hs follows :
''ln CONGRESS, November 7,177 g.
" Refolded, That the letter of David Franks of the
eighteenth cay of October last, and the proceedings of
Congress thereon,be transmitted to the Supreme Executive
Council of the State of Pennsylvania, and that he be no
longer considered as a prisoner of the United States,"
, Again, I have not the least shadow of reafou to believe
that Mr. Sergeant did not pu lifh Mr. Franks's letter with
the remarks. Circuinftances that fell under my obferva
tien gave me fufficient reason to be of a contrary opinion;
since from the Attorney General's warm expressions on
the occafien, and his declaration, with some market cf
prejudice against the Jury, I was led to conclude that
he either published the letter with the remarks, cr gave
orders for that purpose : In either case I shall be fortified
in directing my address to him ; there can be no want of
candor in me, as I only aided consonant with my du~
being one of that Jury, and according to my red convie!
tion and sentiments.
It seems this oracle of the Law, the Attorney General
from a knowledge of characters and dispositions, and
from a fagaaty peculiar to himfelfy formed an unlucky
idea, tnat 6 the verdift would be contrery to the trae
“ principles and interest of government, and did fay so"
Whether a deficiency in candcr or delicacy is not here
sery apparent in the manners of this gentleman, I leave
to the impartial public to determine. Yet I must can
didly confefs, that I never wish to live under any govern
whete Jurors must implicitly submit to the opinion
or dictates o, an Attorney General or any bench of Judges
whatever. A Jury is composed of twelve Freemen, and
tney have a right to determine for themselves, according
to law and evidence, and are not answerable for the blun
ders of men in office who, God knows, are too often
fond of ridKuloufiy displaying the insolence of so
L f" k "?:™ that since the tyrannic reign of George
1A""' a Mansfield has frequently attemot^d to in
itrult and influence Juries, and has even dared to direct
them either t^ acquit or condemn, agreeable to the views
of a corrupt Ministry. But that any Freeman in Ame
rica should express himfelf in such contemptible terms of
Juries, and should hint that “ matters of faft is their pe
culiar province," And that Judges may dwell their ver
0, ' muh be really surprising to every weh-wifher to
liberty.
That there is mor# danger to be apprehended from the
violence and partiality of Judges and the prejudices of
state Officers than from a Jury legally impanelled and
wi " be readily granted by every man of common
underkanding; and when once an Attorney General, cr
even the Judges can influence and dired the verdict of a
Jury, according to their will and pleasure, we may then
take tur leave of liberty ; for any person may be impri
foneu, condemned and executed, if they should at any
time be prejudiced and please to deem him obnoxious to
government: For, as Sir Matthew Hale well observes,
„ , would be a most unhappy case for the Judge himfelf,
it the prisoners fate depended upon his directions -
, unhappy &lfo for the prisoner, if the Judge's opinion
„ u ' e 'be verdict, the trial by Jury would be use
« less."
It is said, Juries are fallible; but to what other tribunal
shall we appeal ?If Juries cannot fafely be trusted, flall
we, fays a celebrated author, unite the offices of Judge and
divided by the best of conftitutious and
truit implicitly to the Judgment of the Court ? Are the
supreme Judges of Pennsylvania, and its Attorney Gene
ral infallible in their opinions, or are they, more likely to
be unbiaffed and impartial than twelve men taken indiffe
rently from the city at large ? Or, in short, shall there be
no deciflon, until we have instituted a tribunal froth which
no possible abuse or inconvenience whatever can arise?
I cannot conclude without making some remarks on the
last paragraph of Mr. X's composition. He fays, " how
" ever, having pledged yourfelf to punish the publisher,.
" of the letter and remarks, you yet have it in your port
' er by attempting it, so far to evince that though
“ may be deceived, you will not deceive." The furor
always despised the arts of deception as a disgrace to the
dignity of rational beings. He has seen characters that
wade through thick and thin, perfed drudges, and raise
themfehes t@ fancied importance by these arts. Let them