Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1777-06-24 00:00:00, page 2

PHILADELPHIA.
^SUPPLEMENT/, th 44 intituled "4n 48
to regulate the Militiagf the Common Wealth of 'enn
fy vanta."
WH EREAS by the 'aid aft it is provided that
each of the field officers to be elected by the
Militia oi this S:ace shall be a freeholder, aid it may
happen that in tome of the divisions or diftrids out of
waich the feverai battalions in the cry of Philadelphia
and the lev; a:counties of this State are or Ihal be
farmed; the greater part of the ei€&ors do incline to
feive &ndr the command of a man of faperior merit,
ki w^.,^ of mili ar y affairs, prudence and courage,
wau is no freeholder; and it is very lui<a le to the ge
nius a ; d the general maxifils of a free State, especially
in the miaa ^department, to prefer its officers rather
on the scale (fiber merits than of their effaces: Be if
Aerefna entitled, ad it is hereby enacted, by the Re
prefentafives .f te Freemen of the ommon-Wealth
o' Penufy:va;ia in General Affenibly met, and by the
authority of the fame, I hat from and after the punli
cation of this a&, it shall be lawful to and for the in
habaants of each divifi. n or diftridi in the laid city and
c run ies refpedivelv, at their elections of one or more
field officer or officers, to ele& any person being a free
man in whole ahii ies of commanding them they shall
put the higheit confidence and trust, for a field officer,
whether be be a freeh der or not,
And be it further en^aed by the authority afcrefe:d,
That IF Colonel or commanding officer of every bat
tahon wh ch has act been in due time arranged and ex
eroded, shall in lieu o the feverai days which by the
laid ad of Aff^mbly, for exercising the Militia of this
Sta e in battalions o companies, have be n fixed and
not ©hfetved , d kept, fix, obiervy and keep for the
purposes aforefaid, a number o days equaltoth ofc that
have been so loft and a'e espied as aforefaid. And
that all ;er n o who fhaN acc rdinft meet and exer
cite, fyad be and they are hereby acquitted nfthe fines
incurred by tium for not meeting and cxeiafing on te
days appeared by the aforelaid aft to which this is a
fyppiement.
And be it enabled by the authority aforefaid, That any
Mrima-man who on the day o' exerede f the battalion
or company, (had be ;rom home in a3u.il service as a
' fubfloute for an^thr, shall nt be fined as an absentee.
And be it tuther enahte 1, That every o^ cer, (under
the tank of a fold officer,) non c mmiffi med officer ard
private, havig in lis pc,IT ffion aims or acc urremeots,
who ihall neged or re/u e o bring such aims and ac
c u rente ts to toe place if parade on the days <f ex
crete, (LT be liable to pay the sane fines which by
the ad tu which this is a supplement are imposed on of
ficer, and privates not a tending on the days of exercite.
rind be it further enabled by the authority ajorej. id,
"' r -I- the ate .dice sin he Milina of th.s
# ' ot been e ele&eu at the lad election
th u Trill have in ther poffedion any drums,
c burs arms or accoutrements beonging to toe oat
taboos in which they have been officers, shall deliver
up the fame on demand to ihe Lieutenant or Sub-Lieu
recants, or to the commanding officer of the battalion
of the diduA wherein he doth ref de, under the pinal
tv of double die id eof the artc es lo detained, to be
recovered in a fom^ary way as the cl a ges for piojur
ing fuoftnu es in the Mi . laare diredted to be recovered
in and hy Te adt of General Affembiy to which this L
a fuoplemenr.
And be it farther enabled by the authority aforefaid,
That it fol asd may be LwGl to and for the field of
ficers of' each bet.alien to nominate and appoint one
Surge-n and Surgeon's Mate and one Chaplain to their
re peflve battalions. And that the Lieutenant and
Sub-Lieutenants of the city and counties aforefaid shall
fuirtilh nd precure carriages or the battalions of drafts
of the Militia when it shall be necessary,
er enabled by the authority aforefaid,
lemoned officers of tach company of Mi
b'ea^d appoint one discreet person who
shall be called rhe Almoner, redding in the diftri& ar
fub-divfion o^t of which their company is formed, to
take proper care of the families of fuco poor Militia
men within their refpe&ive diftrias as are in a&ual fer
vic# in their own. turn, and to grant them such support
as their neckties may require, provided that such sup
port do not exceed the film of Ten Shillings per week
for any one family. And the laid officers of the com
pany, nr any two of them, shall make out a certificate
of their nomination and appointment, direded to the
Lieutenant of the city or county to which the company
beloageth, which certificate shall enable the person
thereby-appointed to draw from time to time on the
Lieutenant for such sum and a ns of money as shall be
neceflary for the purpose aforesaid ; and he shall be
liable to render an account of the monies by him drawn
for to the laid Lieutenants. And the feverai Lieute
nants of the city and counties in this State shall lay their
acc Hints of such their expenditures before the General
' ^ o n(. iminee by them appointed for that
ft u; , ^o- ;. ry fix months.
A I: D fry HEREAS the fines in the said AT of
hffembly by the fourth and fifth articles of the Rules
and Regulations by which the Militia shall be governed
(Which said Rules and Regulations are to be confirmed
and intended as Rules and Regulations for the govern
ment of the Midtia while in training at their places of
cxcrcde and parade, and not when drawn out into ac-
tual service) impeded eo any officer or private who Call
Grike his faperior officer, or draw or offer todraw, or
shall lilt up any weapon, or offer any violence agaiaft
him, being in the execution of his office; and on any
commanding or other officer who shall ftiike his inferi
or officer or a private man when on duty,—are not ade
quate to the offences in either cases; which from par
ticular circumstances to be given in evidence to a Court
Martial may be aggravated or alleviated. For remedy
ing whereof, Be ft enabled, That the officers arid pri
vates offending agdinft either of the said recited two
articles, upon cenvi&ion thereof before a Court Martial,
shall be fined by the said C - at their diferetion in any
lumnot exceeding Fifue i ends'
And be it further cam K the authority aforefaid,
That the Militia of this I . whilst in actual Conti
mental f rvice, shall be ft ; A to the lame Rules and
Regulations as the Continental troops are. Provided,
That upon ary breach, tranigreffi^ or offence of a
Militia man, whe het < fficer or private, against the
Rules and Regulations of the ComTental troops, the
cattle shall be tried and de e mined by a Court-Martial
of the Militia of this State, except for a charge of high
treason; upon which he dull or may be t led by such
Court Mart al as the Commander in Chief of the a r my,
or of the post or div.Aon where the offence shall be com
mitted, shall direct. Provided always, That it fit 11 be
in the power of the President al the Execa ive Council
(ifhe commands the 'aid Militia in person) or, in C 4 e
o iris absence, of the commanding officer of the Miriria,
to alter, mitigate, Iu pend or pardon any pu^hment
to which any Militia m 4 n may be sentenced byaG /ne
ral Court-Martial, exceptit the laid case of hightrea on
And be it further en Med by the authority afaef-td,
That the M liua of the ! . mL^i.ns ^| t ^ city
of Philadelphia, the dit f Sou hwaik, and the
townftips of Moyameofir Pafyunk, be, and are
hereby untried to the city nadelphia, to a&in con
junction with the Mutia . : said ciy, and ddh &
from the county of Philadelphia; that they draw lots
for rank in battalion and bejjintd in brigade; a,d to
aft in every other matter that lefpe&s the M luia Law,
as if they were inhabitants of the laid city, and to be
under the ju i diction of the Lieutenant and Sub Lieu
tenants otthe ci y.
And be it further enafled by the authority aferefoid,
Ihat the Lieutenant of rhe city of Pm ade/phia and of
each county in this State relpcchveg, a e hereby di
retied and impoweiel tt employ a cicik or Clerks as
often as occahon may require, and lay their/acc- tints
before the Committee of Rubric accounts appointed »y
the Affeuibi), who a e impoweied to acquit aid fettic
the fame as other inc denial charges a:e fettled.
And be it further enaAsa ^ the authority at&refiid,
That al pert os crop oyed as hit barters, Poll ride s,
or in asy other necessary Oulines in the feveril Pott
offices within this S are, are hereby declared to be ex
empted from all Militia dunes directed to be performed
by this aft or the act to wnich this is a luppiement ;
any thing in the laid ads contained to the contrary
notwith Landing.
And be it farther cnah?ed by the authority aferefaid.
That the Lieutenant of th- city of Philadelphia, with
the assistance of the Sub Lieutenants and the Colonels
of the leveial battalions of the laid city and liberties,
shall, out of the fcveral battalions ol Militia, take ^ch
a number as, including the Artillery companies aireacy
raised and railing, shall be Sufficient to c mpefe fix
companies confuting 31 one Captain, one Captain Lieu
tenant, two Lieutenants and fifty privates, each of such
Militia men as may be judged moR nt for toe Artillery
lervice and most inclinable thereto, and as equally from
the ieveral battalions as conveniently may be confident
with t-he good of the f^vice, and shall form the fame
into companies of the number aforefaid, which compa
nies, when formed by the Lieutenants and Colonels
aforefaid, ihali eled for themselves one Colonel, one
Lieutenant Colonel and one Mjor, and such company
officers as may be Wanting to cympleat the said compa
nies, and shall be called the Artillery Battalion, and
fhail be considered as a corps separate from the other
battalions of the Militia. And the several Captains
thereof shall, by order of their Colonel, determine their
rank by lot, and be numbered from one to fix in nu
merical order, and fubjed to be drawn forth into adual
service in rotation by companies according to their
number in rank, number firft in rank with tlafs fir& of
the Militia, and f@ on uatil all take their tour, or other
wise as the Rrefident, or, in his absence, the Vice-
President of the Supreme Executive Council shall direct
And be it further enacted I, the authority aforefaid.
That so much of the aforefaid ad of General Assembly
to which this is a fnpplement, as is herein altered or
otherwise provided for, shall be, and is hereby declared
to be repealed and made null and void.
JOHN BAYARD, Speaker.
Enacted into a Law the nineteenth day of June, in the
year Seventeen Hundred an I Seventy ieven.
John Morris, Jan. Ck, of General Assembly.
An ACT to prohibit the salef ale of goods, ^wares and met'
c^andizer by public vendue, and to regulate pedlars
and hawkers in this State.
WHEREAS the practice es felling geods, wares
and merchandizes by public vendue, as tending
to raise the price es ramoft every neceflary article, and
to depreciate the current money ol the Continent, and
of this Cemnwu-Wfilth within the fame, is found a
• «refl thereof . 'A'/;.
therefore.encAed,. tws ^ . ^f^;; csaTcri, ty /he B^-
of Penniylvaria in General Assembly met, and by the
authority of the fame, 'lhat from and after the publi
cation of this aT, no public vendue or au&ion ol goods,
wares and merchandizes, shall be held any w here within
this Common - Wealth, by any perfod or peifons who
soever.
And be it farther enabled, That if any person or per
sons &all, contrary to the diredions of this a&, expose
to late aad fell, or cause others to expo'e and fell by
public vendue or outcry, any goods, wares and mer
chandizes, (except as herein aher excepted,) he, ffie,
or they so offending thMl forfeit and pay for every such
offence, a sum of money equal to the value of bhe goods
fold or exposed to sale, to he recovered by a&ion of
debt, bill, plaint, or information by any perlon who
will sue or the fame; one half theeof lor the use of
the person to fcd r g. and the ether barf thereof to be
paid to the State I'leafurer for then e of this State.
Provided aiw ge, and it is hereby fat ther enabled, That
nothing her in conta ned shall extend, or he construed
to extend, t> hinder ary Sheriff, Constable, or other
officer to fell and di pose of by way of vendue, any goods,
wares er merchand z- s taken in execution, and liable to
be sod by order of law; or to hinder any perfen or
persons from 'elling or expiring to iaie, by public ven
due or otherwise, any goods or chattels whatsoever ta
ken and diftrained for rent being in arrear; or to pro
hibit any ia\v:ul executor or executors, adoMuiftrator or
adminirtrators, to expAe r o tale, by pubic vendue or
o herwife, any goods or chattels which were of their
ref eTive teGators or inte.'ates; or perfers about t®
remove from fe' ing 'ands, tenements, live stock, farm
ing utenffis, and houkhoid furniture; but all and every
such pe son or perform may do herein as they might have
done before the palling of this aft.
Ard he it f&ther enabled by the authority aforefaid.
That from and after the publication of this & amale
white person capable of bearing arms shall, for and not
witi&nding any ,as, licence or prottdi nby him ob
ta med undr any pretence whatsoever, be fuffeted to
go about as a pedlar or Hawker in this Common Wealth;
and that any fa h per on offending agaiaft the dire&ions
of this aa, shall, u $4 due eonviaion thereof forfeit
and pay the sum of fifty pounds for every offence, to be
rec vered and applied in the fame manner, and to the
fame uf%s, as fines incurred for felling by vendee are c®
be recovered and applied by virtue of this a&.
And be st farther enaded by the authority aforefaid.
That !o much es an a& of General Affembiy of this
State, pafld the fourteenth afFebruary, one thonfand
seven hundred and twenty nine, (thirty) intithd “ Am
Ad for regulating pedlars, vendues," &c. as relates to
the regulating of pedlars and hawkers, and is not al
tered @r amended hereby, ffiall remain in full force,
and all and every part in the fame ad that relates to the
regulating ot vendues is hereby repealed.
JOHN BAYARD, Speaker.
Enaaed into a law, June the nineteenth, in the year
Seventeen Hundred and Seventy- (even.
John Morris, Jun. Clk. of General Assembly.
An A CT obliging the male white inhabitants of this
State to give afur mees of a legiance to the fame, and
fir other ,w,fotherein mentioned.
Vo"'''" by the leparuion of the Thirteen
VV United States from the government of the
Crown and Parliament of Great Britain, (who, by
their & of oppression and cruelty, as set forth in the
Declaration of Independence by Congress, bearing date
the 4th day of July. 1776, had rendered such repara
tion, on the part of the laid States, absolutely neceffar,
for their own happiness, and the happiness of Succeed
ing generations) the good people of this State of Penn
sylvania are become free and independent of the said
Crown and Parliament.
AND WHERE A£^frora sordid and mercenary
motives, or other caufepboufifteat with thehappinef,
of a free and independent people, sundry performs have,
or may yet be induced to withhold their Service and
allegiance from the Common Wealth of Pennfylvani&
as a Free and Independent State, as declared by Cen
grefs: AND WHEREAS sundry other pedons,
in their feverai capacities, have, at the risk of their
lives and the hazard of their fortunes, or both, render
ed great and eminent Services in defence and support of
the said Independence, and may yet continue to do the
fame ; and as both those forts of persons remain at this
time mixed, and in some measure wodiftinguifhed frorar
each other, the dilaffea^d deriving undeserved Service
from the faithful and well affected: AND WHEREAS
allegiance and proteaion are reciprocal; and those who
will not bear the former, are not (nor ought not) to
be intitled to the benefits of the latter : Therefore,
Be it enabled by the Representatives of the Freemen of
the Common Wealth of Pennsylvania in General AL
fembly met, and by the authority of the fame, That
all male white inhabitants of this State, (except of the
counties of Bedford, Northumberland and Weftmore
land) above the age of eighteen years, shall, on or
before the First day of July next, take and fubferibe
the following oath or affirmation before some ene es
the Justices of the Peace of the city or county where
they fhail refpe&ively inhabit; and the inhabitants of
the said counties of Bedford, Northumberland and
Weßmorelaad, above the said age, shall, on er before