The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1780-02-03 00:00:00, page 1

THE HIGHEST PRICE
IS GIVEN FOX
CLEAN LINENRAGS,
BY
JOHN D U N LA P.
^RaVpTnG PAPER
By .he REA
TO BE SOLD BY
JOHN DU NL AP.
tC._— -^— ——— -_— ~= =_
TO BE SOLD BY
J OH N D UN L A P,
' ( Bound or unbound )
ANY QUANTITY OF
DILWORIH's SPELLING BOOK,
Printed on fi^ ftzon^paper and imew type.
N. B. Those whs buy by the thoufaud fall have a
large allowance.
Th, following Articles are imported for S A LE, by
JOHN WOODWAR D,
In Front ftrcct, the fourth house below Walnut-frert,
tranunc the river,
IRISH LINENS aborted, chiefly fine;
PEPPER; CHINA BOWLS,
And a fm#ll Assortment of
HARD W A R E.
Genteel LODGINGS for Gentlemen
TO BE L E T.
Enquire ot rhe Printer.
T~-0 B E L E T,
ASM ALL FRONT ROOM suitable for an
Office, aid a CHAMBER furmflud, in a
g.nteel part or the city. Enquire of the Printer.
"T'o T~F~ L E
And entered upas immediately,
a LARGE commdioo POTHOUSE in the
£1 city o^ Philadelphia. Tht Kiln is uncommonly
large, and the Houft erected on a corner lot, one hun
dred Fe4t seep on one street and fifty fact in width on
another. For t^mi enquire of th• Printer.
Philadelphia, January i,.
TWO HUNDRED POUNDS
REWAR D,
STOLE N,
Out of the dwelling boule of the fokferibe,, yesterday,
The following A RTICLE S, viz,
ONE white tissue negligee and petticoat, one tissue
gown with purple giound and white flowers ; two
brown pa&.nfoy go^ra, one a little darker than the
other , one changeable mantua gown, one ilripcd 0k
gown made up with the wrong fide out; part of a fiik
gown, yefowgreond and blut sowers, ripped up; one
Maucheftir oit.fl n gown, ripped up; one lutrihirig
gown with white ground and green faitin strip% ripped
up; a pair o brocaded cure, and a muslin tambour
apron with open work. Any person giving information,
so that the a eve defcriaed thing# mxy be recovered,
and the thief det<a, # d, foall receive tk^ above reward,
or in propor ion for any p-rt of the said geode.
RICHARD BACHE,
GENERAL
^^^^i ztfs^^m*^
Philadelphia, February i, y,Bo.
AL L persons having dr.y demands against
me as Deputy Qr^tcr-Mrite General, either for
monies due, or that will become due by the firft of Match
next, a enqsftel to find in their accounts with all pof
fibie difp t h, in order far a settlement; on which the
balances will either he paid, or certificates given for
what shall appear to be due, in order that the lame may
be pid without farther trouble at Icon as I ihHl be en
abled. I am under the necessity of earnritiy pressing &
punctual compbance with this requisition, as I am di
r^&e^ by the Oerter- Matter-General to have my re
count, ready for fetdeuicut on or before the said fiift
day of Match n^xt.
I JOHN MITCHELL, D.QM.C.
TO BE SO L D,
FI V E hundred ares of LAN D, on the waters of
GoWmot Creek, in Greenwood Towufhip, Cum
berland County. Fer terms apply to PAUL COX,
in Froßt-fccet, three dwrt below Welnvt^ftr&rt, Phila
delphia.
THURSDAY,
OR
[ Published every Tuesday, Tharfday and Saturday. ]
( Continued from one last.)
BUT the eflabli&ments of the Spaniards in the New
' World, though fatal to its ancient inhabitants, were
made at a period when that monarchy was capable of
forming them tb be?, advantage. By the union of all its
petty kingdoms, Spain was become a powerful State,
equal to so great an undertaking, Its monarchs, having
extended their prerogative fcr beyond the limits which
once circumferibed the r^al power in every kingdom or
Europe, were hardly fubjea to controul, either id con,
certing, or in executing their mraftifes. In every wide
extended em ir% t # . : e form of government mufl be fimpfe,
"and the authority of the sovereign absolute ; that kisref%
lotions may be taken with promptitude, and pervade the
whole with undircinifhed force. Such was the power of
the Spanifli monarchs, when they were called to deliberate
concerning the mode of eflablithing their dominion over
the mos lremote provinces, that had ever been fubjeftf
to any European State. Tn this deliberation, they felt
themselves under no canfiitutional reftramt, and that as
independent matters of their own resolves, they might is
sue the edi&s requisite for modelling the government of the
new colonies, by a mere ad of prerogative.
This early interposition of the Spanish crown, in ordtr
to regulate the policy and trade of its colonies, is a pecu
liarity which diftingirlhes their progress from that of the
colonies of any oth^r European nation. When the P°r
tuguefe, the English, and French, took poffeflion of those
regions in America, which they now occupy, the advan
tages which they promised to yield were fa remote and un
certain, that they were furred to struggle through a hard
infancy, almdft without guidance or protection from the
parent fate. But gold and filver,~the firft productions of
the Spanish settlements in the New World, were more al
luring, and immediately attracted the attention of their
monarchs. Though they had contributed little to the
difeovery, and almost nothing to the conquest of theNew
World, they inflantly assumed the function of its legisla
tors ; and having acquired a fpecits of dominion formerly
unknown, they formed a plan for exercising it, to which
nothing fimila, occurs in tiie history of human affairs.
The fundamental maxim of Sparii/h juriferudence with
refpeH to America, is tg confider what has been acquired
there as veiled in the crown, rather than in the flute. By
the ball of Alexander VI. on which, as its great charter,
Spain founded it# right, all the regions that had been, or
mould be difeovered, were bellowed as a free gift upon
Ferdinand and Labella. They and their successors were
uniformly held to be the uoiverfal proprietors of the vast
territories, which the arms of their fubjtas conquered in
the New World. From them, all grants of land there
flowed, and to them they finally returned. The leaders
who eonduaed the various expeditions, the governors
who prefixed over the different Colonies, the officers of
justice, and the mimfters of religion, were all appointed
by their authority, and removeable at ther pleafare. The
people who composed infant settlements were intxled to ho
privileges independent of the sovereign, or that served as
a barrier again^ the power of the crown. It is true, that
when towns were built, and formed into bodies corporate
the citizens were permitted to ele& their own Magifir?te^
who governed by laws which the Community enabled.
, Even in the most despotic States, this feeble spark of Li
berty is not extinguished. But inthe cities of Spani?lA
merica,this juritdiaiun is merely municipt:l,and is confined
to the regulation of their own interior commerce and po
lice. In whatever relates to public government, and the
general interest, the will of the sovereign is law. No po
litical power originates from the people. All centres in
the crown and in the officers of its nomination.
When the conquers of the Spaniards io America were
completed, their monarchs, in forming the plan of interi
or policy for their new dominions, divided them into two
immense governments, one fubjeft to the viceroy of New
Spain, the other totheviceroy of Peru. The jurifaiaiou
of the former extended over all the provinces belonging to
Spain in the northern divifionof the American continent.
Under that of the latter, was comprehended whatever she
possessed in South America. This arrangement which, from
the beginning, was attended with many inconveni
encies, became intolerable when the remote provinces of
each viceroyalty began to improve in iadoilry and popu
lation. The people complained of their fubjedion to a
superior, whole place of residence wasfe diflant, or so in
accessible, as almost excluded them from any inierCGUrfe
with the feat of government. The authority of the vice
roy over difirids so far removed from his own eye and
observation, was unavoidably both feeble and ill-directed.
As a remedy for those evils, a third viceroyalty has been
established in the prefect century, at Santa Fe de Bogota,
the capital of the new kingdom of Granada,the jurifdiazan
of which extends over the whole kingdom of Terra Firme,
and the province of QmttOi Those viceroys not only
represent the person of their sovereign, but poffeffs his
regal prerogatives within the precincts ei their own go-
From Dr. ROBERTSONS HISTORY ore
AMERICA.
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ADVERTISER
Ysrnmept, in their utruoft extent. Like him, they **•
ftife fupre^e authority in every department of govern
rornt, civil, military and criminal. They mey prefidein
Ivefry tribunal. They have the foie right of nominating
the persons who hold many offices of the highest impor
tance, and. die occaficnal privilege of (applying such as
are in the royal gift, until the fucceffer appointed by the
king thall arrive. The external pomp of their govern
ment is fuitert to ite real dignity and power. Their courts
are formed upon the model of that at Madrid, with herfe
and foot guards, a household regpl.rly efiabbihed, Numer
ous attendants, and ensigns of command, displaying such
magnificence, as hardly" retains the appearance of delega
ted autftity. ,
But as the viceroys cannot difehar) in person the
functions of a Supreme magiFtrate in every part of their
extensive jurftiiaion, they are aided in their government
by officers and tribunals similar te those in Spain The
condua of civil affairs in the various province* and
diftriQs, into which the S^dh dofanions in America
are divided, is Committed to magifirate of various or
der? and denominations ; fom.e appointed 'ythe king, e
filers by the vi,eroy, but all fybjed to bis command,,and
'amenable to his juriidiaicn. The adpinifir tion of juf.
tice is veiled intabun 4s, known by the name of ^udi^ces,
and formed upon the model of the court cf Chancery in
Spain, These are eleven io number, apd d/pufe juflice
to as many didrfds, into which the Spaeth dominion#
in America are divided. The number of jud;ev in them is
various, according to the extent and importance of their
juritdifyon The Ration eta judge in the court of Audience
is no Irfs honourable than lucrative, and is cmimon'y filed
by perfonb of such abilities and.merit, as filers this
tribunal extremely referable Both civil and criminal
causes come under their cognizance pad m. each peculiar
judge? are fpt apart Though iii : only in the mast drfpo
tic governments, that the sovereign exer ifes in person the
formidable prerogative of adminidrm, jufiice to me fulx-r
jeds, and in aslvipg ? or condemning, anfulte no ian
but what is deposited in his own breafi ; though in all r ha
monarchies of Europe, judicial authority so committed to
Maginrates, whose decisions are regulated by. known laws
and eftablilhed forms, the Spaoifh viceroys have often at
tempted to intrude themfeivesi nto the frat cf justice, and
with an ambition which their diftarce fr m the contr ad
of a superior, rendered bold, have as, fred at a po er
which their mailer does not venture to assume. In order
to check an usurpation which mud have annihilated foftice
and fecuriry in the Spanish colonies, by (objecting the lives
and property of all to the will of a single man the viceroys
have been prohibited,in the most expli it terms by repeat
ed laws, from ioterfaingin the judicial proceedings' t, e
courts of Audit nee, or from delivering an opinion, or gi
ving a voice wjtn refpe£l to any point litigated bet rettern.
In some particular cases, in which any queflion of civil
right is involved, even the political regular n of t .e vice
roy may be brought under the review of the court of
Audience, which, in feme inflances, may be deemed an
intermediate power placed between him and the people, as
a coufiitutional barrier to circumkribe his iurifeb&iwn#
But as legalrefiriints on a person who rerref uts rhe (o
vereign, and is cl.ached whh'biaautht rity. a. e little failed
to t e genius of Spanish policy; the .efitaim and reserve
with which it, confers this power on the courts of Audi
ence, are remarkable. They may advise, they iray re
monstrate, but in the event of ; dired loil fion between
their opinion and the will of the viceroy, what he deter
mines mail be carried into execution, and n^in^ re
mains for them, but tly the matter before the Knrand
the Council of the Indies. But to be intuied to ren-oo
firate, and inform againtt a pfrfop,ben re whom all o'>ers
must be Silent, and tamely submit to his decrees, is a pri
vilege which adds dignity to toe courts of Audience. This
is farther augmented by another circfafiance. Upon the
death of a viceroy, without any provision ofa successor by
the king , the supreme power is vested in tie court of Au
cience resident io the capital of the viceroyaity. and the
fentor Judge, a Hilled by his brethren, exercises all the
funaious of the viceroy while, the office continues vacant.
In matters that come under the cognizance of the Audi
ences, in the course of the r ord nary jurifdißion, as courts
of justice, their faiences art final in every litigation con
cerning property of less value than fix thousand pries;
.but whe, the fub^a in fifpute excels that futn, t eir
decifion* are futoject t^ review, and may be carried by up<
ped befcrethe roya) council of the Indies.
In this Council, oueef the most considerable in the mo
narchy for dignity and power, is veiled tive supreme go
vernment of all th^3panifh dominions in Am+ricu, It
was firfl efiabiilhed by Ferdinand, in the vcar ign, acd
brought into a more perfect form by Charles V in he
year 1524. Its jurifd&on extent to every department,
ecdtfiaftical, civil, military and comrocr ,J. Y 1 Iwa
arid .ordinances relative to the govererrnr cut police
of the colonies criminate there, and muff beappreved of
by two-thirdsof the members, before trey are imud in
the name of the king. All die offic^of which rhe no
miuatidn is refcrved to the crown ?re conferred in tub
council. To it each person employed in Apierica from
FEBRUARY 3 , 17%.
TK E