The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1781-06-16 00:00:00, page 1

Ma. CLAYPOOLE,
I HAVE just perused the aft for repealing the ten
der-laws, and let me assure you I perfectly acqui
esce in the measure, am well Satisfied with the general
scope and object of the aft ; but there are Some parts
in the bill which Teem gather exceptionable, and will,
no doubt, be considered upon the final reading, and
enacting of the law, by the house. I will proceed to
point at them, in the precise course and order of the
bill itfelf, for the fake of time and attention.
Thea& firfl proceeds to repeal and arinul the pre
fect tender laws, and at the fame time declares all
tenders good which have been mad^ “ according to
the direction of any of the said laws," and confiders
the fame accordingly as a discharge and fatisfaaion to
the creditor. This, I conceive, is very right: not that
the legiflatufe Should ever countenance the iniquity of
fuc.h, who availing themselves merely of the law, when
the money became depreciated, paid their debts with it,
but because it would ill become them to discourage a
refpea to their own laws, before they thought pro
per to repeal them themselves; and for this further
reason likewise; that a contrary measure would breed
such great and intolerable confufion and inconvenience,
that it would be much better t? leave the law this way.
New, if the debt is accounted discharged; why does the
law talk jf preventing one " from recovering the pe
nalties mentioned in some or one of the laws."—l de
clare to you, I am no advocate for the continuance
;of those penalties,' hard and oppressive as they confef
fedly are ; on the contrary I am imcefel, averse to
them—But it appears to me, that if the penalties, as
to past tenders are now removed, it will open a great
door for mifchief. There are many instances of ten
ders mad. when the ' creditor has both refuted to take
his money, and deliver up to his debtor the papers,
title deeds, &c. which he deposited with him, as Secu
rity for the payment of the money borrowed ; and
suits are a^uaHy brought and undecided in the diffe
rent courts, for the recovery of these papers — The
£rft tender law declares the person who makes the ten
der shall have his action, and upon that recover double
the value cf the pa pers, if they are withheld after judg
ment ^nd the determination of the a&ion.—Shall then,
this new law confider the tender as good and effectual
to discharge the debt; and will not the party be Hill
allowed his remedy for the detention of his papers ?—
Is the tender to be good in one part, not in the other !
Surely, if the tender is good the party fhculd have the
consequences of this tender: If the confraft is dif
charped, the debtor should flill maintain his action for
the detaining of papers. It is necessary this provision
of the firft aft sh old still continue in teriorem. If it
is repealed, you just leave the man at the difezetiem
of a merciless and avenging creditor, to either keep
from him his deeds for ever'; or fuffer him to have
them on terms which arbinadmiffable. Either,- there
fore, abolish the tenders which have been raade alto
gether, or, if they are flill efleemecT gocd, let the par
ty have the natural effects of them. This won't sup
port penalties on the paper money, but only give a
person his confident and reasonable right for money
Already tendered, which is now confidered' by the a&
as an absolute payment.
idly. Merely the interefl and' not the principal, of
eld debts, prior to 1777, are recoverable (unless under
particular circumstances) but annuities and rents may
be sued for by the aft, upon giving three months no
tice to the perfen owing the fame. Why landed gent
lemen # fhomd have this extraordinary advantage I
can't conjeawre. I am Cure they don't merit it. —
Have we not numerous widow's, orphans, other injured
and Suffering people among us, who have old, long
Handing debts due them, by bond and simple contrad?
Are these to be put off for the payment of their prin
cipals, till the war is over, receiving nothing but the
interest ? and muff landlords and grantees of large
overgrown fortunes' who are actually rolling in wea th
and abundance, to have the preference and diftinaion
of them? The landed interest of this slate has hither
to met with too great an indulgence from the legisla
ture, perhaps even at the expenceof the,public good.
'Tis to be presumed there will be an equal justice ob
served by the house ©n this occasion. It is well known,
landlords have not been very particular Sufferers for
their arrearages, the tenants themselves have fuflained
far greater burthens,
gdly. The aft gives the court before whom judg
ment is obtained a power to afeertain the value of
debts, since the money was depreciated, and immedi
ately to award execution. As the conflituti@n gives
every man a right to trial by jury, in " suits between
man and man*," and declares this “ right ought to be
held sacred," it would not be improper to add a clause,
if either party is not Satisfied with the conduct of the
* ^e^ion 11, Declaration of Righ's.
SATURDAY, j UNE 16, 178 b
THE
O R, THE
GENERAL ADVERTISER.
VOL. X.]
Published EVERY TUESDAY, THURSDAY and SATURDAY.-Price Six-Pence.
Court on the fubje&, he Snall have a fight to call for
a jury, within such a time, and in as Summary a way
as may seem most expedient to the assembly.
4thly. This power, affixing value to continental
debts, is assigned particularly to the court. Now, in
the vacation, a man, at this fate; can't have h s debt
liquidated, but must wait fill the usual time of holding
the court, which is every ' three months. This is in
convenient; it would be more preferable to let the
prothonatary, or some other person exercise this
po^er, in the recess of the court.
sthly. Another great impropriety 7 ftflkes me, in re
gard of the manner of making attornies, fa&of , &O ac
countable to their principal for monies paid into their
hands. 'Tis true, it's nothing but reasonable, if they
make any undue use of the money, they ought to ac
count for its profits, but let' not this proof be extorted
from the person himfelf —which is dangerous and un
conflitutional: dangerous, because it would kad bad
men to perjure themselves, Which all good men should
caotidbfly avoid; and unconstitutional, because the 9th
feftion of Declaration of Rights fays, " Noman ihall
be compelled to give evidence against himfelf, or de
prived of his liberty except by the laws of the land
and the judgment of his peers." The general pre
sumption is, that persons enttufted with monies will
riot convert them to iheir use, because deposited and
liable to be constantly called for. If, therefore, the
principal has reason to think otherwise, let him sup
port his averment, as all averments are to be support
ed; and let us not infringe o9r constitution on any
pretence. Besides, fheriffs/ attornies, executors and
administrators, in the ,different o^ths of office they have
taken, are under fufficient obligations to that effeft
already. The former suspending laws of the paper
money never attempted to interfere with them, and
I hope the present house will drop the idea^ Z.
Philadelphia, June 13, 17^1.
s®(w^^x®®^&^
Sales of the Province Island.
On SATURDAY next, (being the 16th inftairt,(
WILL BE SOL D,
Some of the Lots of the
PROVINCE ISLAND MEADOW, which have fallen
in to the Srate from the former Sales. The Sile to
begin at Twelve o'clock, at noon, precisely. Conditi
ons of Payment will be as formerly advertized, viz.
One-Fourth within four Days; Threc Eighths in a
Month, and the Rest within two Months from the Day
of Sale : the Deposit of One Quarter to be forfeited, in
cife the further Payments be not made in manner
prescribed. JOHN BAYARD,
GEORGE BRYAN,
Dated May ft, lyfr. ROBERT KNOX.
GEORGE KLINE, Printer, in Front
ftreet, near Architreety has for file, a few
feints of the Pennsylvania Packer, for the
ye^ 1780, Writing Paper By the ream, &c.
Richmond, (Virginia)" May 18.
To be Sold at Senepuxenty
On the Eighteenth cf June, enduing, The
Brigantine Richmond
With all her Appurtenances, as me lately came from
fe?, an Inventory whereof may be seen on board the
Vessel, and will be shewn on the Day of Sale.
ALSO HER
C AR G O,
Confining of 57 hogsheads of Sugaty
and tome Dry Good?.
The Conditions will be made known an the Day of
Sale, and Payment received in Aunapolh, Baltimore,
and Philadelphia. ROSS, SHORE and Company.
TO BE SOL D, A
Likely Negroe Woman,
About 28 years of age, with a Female CHILD, two
years old, both of which has had the fmall-pex : (he is
an exce'bnt cock and can he well recommended for
her honesty and sobriety. For Terms of Sale enquire
of the fubferiber, living next door to the sign of the
Iridian King, in Maiket-ftreet. EDWARD PENNELL.
DRY GOODS,
To be Sold, reasonable for Cash, By
Samuel Lewis Wharton,
At. his Stole, the fifth door north of the corner of
Walnut^ftreet, in Water-street; Consisting of the fok
lowing Articles.
AN elegant Affortm^nt of plain and
t figured Silks, ,
Tamboured and silk knit Vests,
Black silk breeches Patterns,
Sewing Silk of different colours
Silk Umbrelloes,
Plain and figured Ribbands,
Blood Lace, Gauges, cap Wire;
Chintzes,
Manchester Mullins,
Cotton and thread Stockings,
Linen Jeans,
White and coloured Threads,
Pins, plated shoe and knee Buckles;
Folio arid quarto writing Paper,
Wafers and Sealing wax, ~
AL SO, A handsome Affortmrnt of Cambrickr,
A few Eoglifh Saddles, Bridles, Fufils, Piftoto, Ba^
ir °"> # X .
A neat Loriddh made chamber Clock,
An elegant, rich, velvet, embroidered Cdfhion, &c. for
a pulpit, deft, and communion table; the whole fi.
nifhed in the newest faction, and designed for a
church in the United States.
The Office, in this City,
For taking SUBSCRIPTIONS to the
National Bank,
FOR THE
United States of America^
Is now opened, at the House of Mr. BENJ%MIN'
FULLER, in Front-street, belo, the Draw bridge,
GEORGE CLYMER,
JOHN NIXON.
Philadelphia, sth June, 1781.
TO RESOLD,
A Convenient Lot of Ground
Wharf and Brick Stoies,
Thereon tread, situate on the esft fide of Water
ftreet and south fide of Sff frafs-ftreet, containing in
breadth on Water-ffreet afirefaid 20 feet, and extend
ing said breadth along S ffafiafs street into the river
Delaware as far as low-water wark.
ALSO, One equal or undivided Moiety or half Part of
a two story
Brick Meffuage & Lot of Ground,
Situate on the north fiae of Mulberry-street, between
Third arid Fourth streets, adjoining the Prelbyterian
Meeting-house, contain mg in.breadth 16 fret, and ex
tending in depth 14.0 feet. Far Terms apply to Ma-„.
j r JAMES FARR, at the sign es the Black-horse, in
Market-street Philadelphia.,
PUBLISHED every Wednesday morn
ing, by MELCWOR STEINER, printer, in
Race-ftreer, between Second- and Third streets, nearly
oppefite to Mefaviari Adry,, at Philadelphia,
A German News. Paper, eatruled,
WbifiibdpOifdK
OttrfpoubeM
N B. Advertisements for the said Pap^r wiii be
cafefullv tranflbted and inferred.
Said MELCHIOR STEINER has for Sale, WiP
Earn Cullen's Pr^&ice of Phytic, Vol. I containing the
Pyrexia ; John Perrin's French Grammars ditto Prac
tise of the French P, onunciation § Buchanan's Regu
lar English Syntax ; Dilworth's Spelling-Book : The
Am°riem and NavEngland Primers 5 also German
School Books; writing-paper, Wrapping paper,
paftebaards, inkpewd'er, wafers, sealing-wax, &c. &c.
WANTED a good coachman, who also under#
ftanda fontithing of gardening: and a holfe
Servant. Engirt cf the f<i>rter.
[NUMB. 743.