The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-09-02 00:00:00, page 2

ebj^io^ ^gainft the Bill 'or incorporating the City
of P^ladr^Ha, as pu : idled in tae Ftnufylvania
Gizetre, June 4, 1783.
PREAMBLE. 'I his fvTis forth, that the incorpo
sating 0: cities and towob effectually promotes
ti ie, industry, rule and go,d rdrr therein
Cue experience of England has no manifefted that
trite or in uitry are promoted by the charters of
| :i r cities or b^rougis. On the contrary, it has been
fiun ithat many, once large and flourifhing towns, have
tv n greatly ^ 'need, by the illiberal and mistaken
rn inr in which the leaders of these communities have
ex rciftd their authorities; particular y that of bye
b,& making. Thisjs so obvious to every traveller who
traverses that kingdom, that it is flrange the abuse
has not brought its own remedy long since For divers
unmcorporaied towns, as Manchester, Birmingham,
&c. unfettered by these mfcheious establishments, are
in the mean time, growing up rapidly into large cities.
T 1- affords nd support to the position above Rated.
As to rule and good order, it doth not appear, that
these open towns are the iefs orderly, because they be
not incr rporated. Tnere is not an incorporate town in
all, New-England, yet that country possesses an ex
ce'lent police, and is inhabitants are perhaps the mod
or Inly of any. A I mecol sense and candour in Eng
land regret, that their corporate towns fiill continue
to be such nuisances. M . Home, hist. Eng. vol. 3d,
p. 425, oda. edition, speaking o the condition of Eng
land, durin the reign of Henry the VII, fays that
'' one great check to industry, in those days, was the
errßinr of corporations; an abuse not yet entirely cor
rected."
During the uncivilized ages, charters were of real fer
vi< e to the artizms, who collected in the towns to car
ry on their business. They served to combine, and or
ganize die free inhabitants for their mutual support
and defence against the great lords, whose violence
would otnerwih have soon dislodged them. Besides,
these petty tyrants, who hold the bufbandmen, en
thralled under villain tenure, could not endure, that
p< rfons of tue low condition of these tradesmen should
enjoy personal liberty ; the peculiar privilege, as they
concert ed, of themselves and tue clergy. Ln some mo
narchies, perhaps, the exemptions and immunities of
corporate bodies, if refpraed by the foveteign, my
serve to circumscribe and limit absolute power, and
thus be afeful at this day to the nation But in this
country all fich combinations of men and of property
are, so far as they go, repugnant to the nature of our
democratic government. Corporations within the Unit
ed States should therefore be as few as may be, and
limited to the most necefftry purposes. An excels in
these edablifhments would soon deftro, our equal li
berry.
It would be scarcely worthy of remark, that only 54
persons petitioned the assembly to incorporate the city,
were it not, thattheir petition is relied on in the pream
ble for t ; e necessity of do ng it.
Proceed we now to the firft enabling clause. This
purports, that the city only, that is the town between
Vine and Cedar fireet , be entitled to the " effectual
promoting of trade, induflry, rule, and good order."
The north-, n and southern suburbs may fhift for them
frlves. To the old ci^y bounds are these advantages
to be retrained, as a monopoly. What have our neigh
bours done to deserve this unequal treatment? Farther
01] in the bill, the designed corporation is to be autho
rifed to appoint and limit the lawful landings and
wharfs in the port of Philadelphia. See feftion 26th.
By this it should seem, that no wharf without their
narrow bounds, is to enjoy this peculiar privilege, but
under favour of the corporation.
Scions 51b, 6th, 7th, Bth, 9th and 10th, are em
ployed in regulating the number, manner of appoint
ment, and attestations of the magistrates and rulers
within the intended body-politic. These are a mayor,
recorder, an undefined number of aidermen, and 40 com
mon council men.
Seßions 11th, 12th, 13th, 14th af A 15th, chiefly
provide for the removal of any of the forementioned of
ficers, by vote of the common council, in case of mis
government. What reason can there be to suppose it
may be necessary to dismiss a common council man,
whose term is but one year, and who besides cannot
be said to misbehave, in a legal sense, by advising and
giving his vote? such a power may indeed enable the
predominant faction to rid tbemfelves of the minor
party.
And as to the magistrates, who we shall, by and bye,
find, are to be justices of the peace for life, in direct
repugnance to the confiitution, would not they, as
other civil officers, be liable to be impeached by the
assembly, and tryed by the council, or to be indicted
at common law; and in either case, if found guilty of
misbehavior, to be removed from the keeping of the
peace by the assembly. To such proceedings would
these magistrates certainly be amenable. How then is
it reconcileable to sense or law, that they be also fubjeft
tothe ciprice of perhaps 50 men, deciding, not as a
court of juflice, but in an arbitrary manner; for all
.•large bodies of men, whether clergy or laymen, as car
dinal Retz leng since ob erved, are of the nature of
mobs, when judging the cases of individuals; except
always the representatives of the freemen of Pennsyl
vania in general assembly met.
In tie 16th feflion, the power of ordinance making,
is given in the mod ample terms ; the most dangerous
of any proposed by the bill. This, it is fat'd by some,
is to save the legislature of the slate, from the fatigue
and loss of time, in enabling regulations for the city
of Philadelphia. But such persons have yet to learn,
that the power of binding the people within corporate
towns, is ar common law limited to the accustomed
and confiant exercises of it; all other being supposed
to be loft by non-user. The discredit into which 'thefe
communities have fallen, has influenced the determina
tions of the courts of Wefiminfter, and disposed the
judges to seize every opportunity of narrowing the
powers of city and borough corporations, in this and
other particulars. Of consequence, all the old and
roifehievous m >desof bye-law making, remain in force,
whereas to modern improvements, this authority is
wholly inadequate and insufficient. It seems that none
of these communities hare formed precedents, wherein
such regulations can be Supported. For this reason,
every city and town in Englade, desirous of innovating
or amending its police, at this day conflantly applies
to parliament for anactto eflablifh the design ; so un
equal and inapplicable are the corporate powers ac
knowledged to be. The flatute book teems with such
interpolations of the legislature. This idea, therefore,
that a corporation will relieve the assembly from legif
hting for the city of Philadelphia, is all pretence.
Could a bye-law give power to any of its officers, to
take a fee not accustomed or established by law ? Should
an ordinance for instance be made to constitute 3 mea
surer of fait, and to compel the dealers in fait to pay
him for his service? I trow not; for this would be
taxing the people, which no corporation can warrant
ably do. But the city ought not to be thus turned
over by the legislature of the Rate, to any other body.
She certainly merits a proportionable share of their at
tention with the countis, and I trust will always en
joy it. Indeed, the assembly should be watchful to re
tain all its powers, undiminished.
This fedion, also, is designed to impower the pro
posed corporation to nominate other officers at their
pleafare, besides those named in the bill. Perhaps,
these may be, among others, a fheriff and coroner.
Section 17th directly violates the confutation of the
slate. By this, ju dices of the peace were to be chosen
by the freeholders of the city or diftrid, in a double
election, and the fupieme executive branch to feleft and
commission one half of them; they were to held their
offices for seven years, if they behaved well, but the
mode of appointment is alterable on the request of the
major number of the freeholders of the precind. The
bill, notwithstanding, without any previous motion
on the part of the freeholders of the city, purports to
invest the city magistrates, eligible by the freemen at
large, without any alternative in the president and coun
cil, and holding for life, with the powers of justice of
the peace; and also, with the powers of " justices of
oyer and terminer, as fully and amply as any other."
What, are the freeholders of the city to be thus de
prived of their constitutional rights, without having
forfeited them; and a few months only before they
would be intitled to exercise their feptenial privilege of
making a new choice, as to most of their present juflices?
Why shall the new city-justices be enabled to try ca
pital offenders, as the full jarifdidion above-recited,
imports ? None of the county justices have this pow
er. How invidious this! Besides it intrenches on the
right of the president and council to appoint all judges,
except ju dices of the peace.
By Eflim 20th, the city magistrates are also to be
justices of the peace, throughout the county of Phila
delphia. After withdrawing the city, so much as the
bill purports, from the county rule and jurisdiction,
this authority seems to be unequal, improper and not
necedary. It also very partially, and inviduoufly gives
to the corporation the fines, and another fedion, the
recognizance forfeited in the city court : suppose every
county in the Rate were to ask the fame, where would
this end? Would it notdeftroy the constitutional right
of the president and council to remit or mitigate penal
ties in proper cases ; and will it not corrupt justice, if
the funds of the city corporation depend on fines im
posed by her leading officers? The similar privilege of
the late m^yor and commonalty as to fines, when this
casual revenue went to the governor, was less excepti
onable.
(To be continued.)
B O S T O N, August 16.
Lafl Monday arrived the sloop Deer, Richard Grin
nell, master, 22 days from St. John's, Newfoundland,
who informs, that American vessels were not permitted
to enter, wear colours, or fell their cargoes, except
such articles as the necessities of the garrison required -
that a number of American vessels were ihere, waiting
the arrival of the governor, who for some time had
been expected --and further fays, that fifh fold for six
teen (hillings fierling per quintal.
August 18.
The General Cour', in their late Session, ordered a
congratulatory Address to be transmitted to his Ex
cellency General Walhington; of which the follow
ing is a true Copy.
S I R,
TH E senate and house of representatives of the
commonwealth of Massachusetts, in general
court assembled, take this opportunity of con
gratulating you on the happy return of peace.
Your excellency, we are assured, will join us in the
warmest expressions of gratitude to the Supreme Ruler
of the universe, under whose influence and direaion the
struggles of a Virtuous and free people have terminat
ed in a revolution which excites the admiration of the
world.
Guided by his allwife Providence, your country ear
ly fixed her eyes upon you ; and confiding in those
eminent qualities which you possessed, appointed you
to the command of her armies.
The wisdom of your conduct in the discharge of that
important trust, has given a compleat fanftion to the
appointment, and crowned the most heightened expec
tation. In every flage of the arduous conflict, what
trying feenes have you not passed through! What
hardfnips have you not enduredl What dangers have
you not encountered!—May Heaven reward your un
remitted exertions !—May you long live, beloved by
a grateful country, and partaking largely in the en
joyment of those ineßimate blessings which you have
been so eminently instrumental in securing for us!
While patriots shall not cease to applaud that sacred
attachment which you h^ye constantly manifefted to
the rights of citizens—too often violated by men in
arms! Your military virtue, and atchievements will
be deeply recorded in the breads of your countrymen
and their posterity, and make the brightest pagesill the
hiflory of mankind.
WORCESTER, (Massachusetts) Augnflai.
We hear that the British garrdon haveevacuated Penob
fcot, and arrived at Halifax in Nova Scocia: It is said
the Hessian troops, the who compose part of garrison at
Halifax, were embarking for Europe, when the last a:,
counts left that place.
SPRINGFIELD, (Massachusetts) August
Saturday the 9th instant, about two o'clock in the
morning, a company of ruffians to the number of about
twenty, armed with swords guns and bayonets , fur.
rounded the house of captain Joseph Cook, keeper of the
goal in Northampton, and having placed centinels at
the doors and windows, broke into the house and as
saulted captain Cook, his wife and daughter, presenting
swords and bayonets at their breads, threatning them
with instant death, demanded the keys of the goal
which captain Cook absolutely refufed to give them'
whereupon they most inhumanly beat and bruised him
and threw him out of the window, ransacked his houfe 1
and robbed him of a small sum of money from his delk
and being under terrible apprehensions of being all ta
ken, they very suddenly took to flight and were soon
out of town.
Their principal aim no doubt was liberating from the
goal, one Samuel Wells, who at the last supreme court,
was Convicted by the oaths of twelve jurors of the
crime of perjury, and is confined in said goal, fu ffering
the sentence of the law of this commonwealth for said
offence; but another aim they had, no doubt, was
plunder which they succeeded in
A number of them are known, and no doubt will
meet with the punishment such high handed offences
merit.
P RO V I D E N C E, Adguft x 6.
Extract of a letter from a gentleman in Princeton,
(New Jersey) to his Friend in this town, dated Ju
ly 29.
'' This day has been ratified, in Congress, a treaty
of amity and commerce between the United States
and the king of Sweden. This treaty was concluded
at Paristhe 3d oflaft April, and signed by Dr. Frank
lin, who was constituted minister plenipotentiary for
that purpose, by a commission issued the Bth of Sep
tember last, in behalf of the United States, and by
count Gustavus Philip de Creutz, minister plenipo
tentiary in behalf of the king of Sweden,
" This treaty, tike those with France and Holland,
has for its basis the mod perfect equality and recipro
city ; and for its object, the mutual benefit anti ad
vantage of both nations, 2
N E W-L ONDO N, August 22.
Last Tuesday four cattle died in the Great-Neck io
this town, in a few hours after eating some wild cherry
tree leaves, from a tree which had just before been cut
down and laid on a fence.
Captain Elliot, in a vessel from Stonington, founder^
ed at sea; he, with his crew, after being eight days in
their boat, arrived at Guadeloupe: laved only the
cioaths on their backs.
NEWPOR T, August 16.
Last Monday arrived here the sloop Good Intent,
captain Norris, from New York, in which came pas
senger the lady of the honorable major-general Greene.
Last Wednesday evening we had a very severe florm
of thunder and lightning; by which a ferry boat, ly
ing at Cowley's wharff, was Bruck and considerably
damaged. No other injury was done, except Running
several people, so as to render them senseless for tome
minutes, and breaking some crockery ware in the hou
ses adjacent.
C HATH A M, August 27.
Thursday his excellencygeneral Washington and lady
arrived at Elizabethtown on their way to Rocky-Hill,
where his excellency has taken a temporary residence to
do bufinTs with Congress. Most of the inhabitants of
the borough of Elizabethtown being that day assem
bled on bufinef, took the opportunity of preferring his
excellency a very cordial address, which, with the an
swer will be in our next.
Cornelius Hetfield and Smith Hetfield are both con
fined in the prvoft of New-York, for some of their ne
farious actions. It is probable their punishment will
be tantamount to their demerit.
We hear that all the provincial corps, in British pay,
are to be immediately disbanded, and instead of half
pay for life, as the officers vainly expected, fourteen
days pay is deemed, by their beloved king, an adequate
compensation.
Philadelphia^ Sept. 2.
State of Pennfy Ivania, to wit :
RECEIPT of continental taxes from the slates of
Pennsylvania, published in pursuance of the sixth ar
ticle of inftruAions from the office of finance, dated the
12th day of February, 1782.
For the month of August, 1783.
Dollars, goths
August 7, Received of David Ritten-\
house, esquire, , 44°0
11, of ditto 2655 3§
18, of ditto 5972
25, of ditto 7580
29, of ditto 8003
Dollars, 28,607 35
In all, "twenty eight thowfand fix hundred and seven
Dollars and thirty-five ninetieth parts of a Dollar.
J. SWANWICK, receiver of
continental taxes for Pennsylvania.
Philadelphia, September 1 1783
Map of the United States of America,
fit To be fold by David C. Claypoole, an elegant
coloured M A P of the United States, exhibiting
the Boundaries of the said States, as eflablifhed by the
Treaty of Peace. Price One Dollar.
*** A few Church Prayer Books, large and small,
elegantly printed, bound and gilt, and adorned with
beautiful copperplates, to be Sold by the Printer.