The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1782-03-28 00:00:00, page 3

March 12, 1782.
Moved by doctor Gardner ; ; ~
WHEREAS several members of this board, within?
to avail themselves of every legal and constitutional
means to assist their judgment upon such law points, as
have arisen out of those Specific charges, which have
been deemed to be Supported by evidence, refpeding
the late election of a councillor for the county of Phila
delphia, have obtained an opinion, under the hand of
the honourable the chief justice, and the honourable
George Bryan, esquire, one of the puifne judges, upon
•the said points; therefore,
Moved, That the opinion of the judges, upon such
of the fpecific charges, as have been deemed to be fup
/ported by evidence, be entered upon the minutes; and
the fame being Seconded, the question Was put, and
carried in the affirmative.
'FOR OPINION.
Mb !F upon the eighth day of October a part of the
I militia of the county of Philadelphia marched
from Newtown under the command of colonel Bitting
for Wenft's tavern, and the remainder of tem under
colonel M'Veaugh for Germantown, at which places
elections were held, and before their arrival theie tickets
were delivered them by the said colonels and by their
orders ; or of a&ing and judging like freemen as of right
they ought to have done :
Please give your opinion, Are these actions contrary,
er not, to the constitution and laws of this state? If
contrary to the laws and constitution, ought the elec
tion to be vacated, or ought the parties to be punished;
or ought the election to be,fet aside ANDythe parties pu
nched ?
2d. If Phineas Roberts, who bad two foils add a
Son-in-law in the militia, who had been ordered into
Jersey upon duty, attempted to (peak to them in the
ranks near the eledion, relative to their welfaire, al
th© request of th^ir wives ^pd families, and w@s repri
Cifion.
;^, Recaufe we apprehend the^re'ent deternunat'-
on will become a precedent in all future eltaions, and
it is mdifyeiifably neceffqry, after foch objections have
been offered and so fully considered, to etlimate with
legal accuracy how far they ought or ought not to
invalidate ah. election, in order that if fhs laws are fuf
ficientiy explicit, they may in future be inforced; and
if they are defective, they may be supplied and amend
ed. but to form a decision which those (killed in
the laws of the land may deem illegal, will we clearly
'conceive, expose this berfrd to deserved cenfure', lay a
foundation for future difptites in elections, oc&fioo a
threat wafle of public riffle and expenditure of public
money, both which have bWn so much regretted in
nlfe prefenrinftahce.,
gd. 1 Because we cannot conceive'it derogatory to the
honour bf the board, -to fu,pofe 'the members unpof
defied of teat legal knowledge ntcfffary to determine
the operation of law on falls so Special hud particular,
as those set forth in the fpecified charges on this elec
ton. On ihedther hand, we know and appeal to le
gal history for proof, that public bodies, the most ce.
lebrated for gravity, 'wrfdom and Senatorial abilities,
tave thought it incumbent on them, from titre'to time,
to conduit persons of pro:. ffional knowledge, whole fla
tion and character insured their impartiality, ali&gave
weight and dignity to their decision.
4th. Because we apprehend it to be one of the fhoft
important and interelling enquiries in a civil govern
ment, how far any of its members Ihall be abridged
of their rights as citizens when for a short t : me they
become soldiers: the law we apprehend should be plain,
clear and explicit to invalidate an election for the in
terference of persons thus circumflaneed, or any irre
gularities in the mode of condaaing'it, which have not
a manifeft and decisive influence on the event. We
who dissent on this occasion are not (efficiently in
formed of the law in this refpe& ; nor, highly As we
may efleem thelegal abilities of our fellow members,
'can we suppose they have at once become such, able
lawyers and diftinguilhing casuists as to claim our con
fidence in preference to those who have made that Sci
ence their particular ffady and profeffional duty : and
while on the oue hand we would earneflly wish to pre
serve the freedom of election from undue exertions of
power; on the other, we wbpld as eatneftly preclude
an idea that those defending their country, arid upon
special oCcafions called from the duties of civil to mi
litary life, lose any portion of their privileges in the
former : an idea which 111 our opinion would have the
inoft fatal and difeouraging effects upon the militia on
all future occasions. The degree of interference, the
mode of it, the irregularities of time and place in hold
ing elections and manner of conducting them, are falls ;
but the operation of law upon these falls so as to va
cate an election, or only fubjed the authors of such
practices or irregularities to punishment, is quite ano
ther consideration, to which, though tips board may
be competent in jurisdiction, we do not believe it to be
in judgment, and therefore ought to have ava.led
themselves of that legal affi fiance and advice which the
conllitution expressly holds forth in some cases and
impliedly in others, and which has been the usage and
practice of the board on many former occasions of
'much less difficulty and importance.
JAMES POTTER, vice-president,
JOHN LACEY,
JOSEPH GARDNER',
JOHN PIPER,
CHRISTOPHER 'HAVS.
piffentient, •.
rft. BECAUSE divers matters are set forth and in,
fercoces drawn in the fpecific charges touche
jog the said eh di&, which not being criminal in them
phes can only become so by the express prohibition of
fom? municipal law or parliamentary ulage, which ii)
such cage becomes ia\v. in a caut'e, therefore, of fucn
magnitude and importance, which has drawn the at
temion of otlor ftate', and' railed so great a ferment
in this ; we efteern our Selves wholly inekcu'feabie if
we should refuse or negleCt to obtain every informati
on and a^ifance which may enabN us to decide upon
law as well as facts, with the utmost clearness and pre-
ift. /*""HE officers of the militia violated no law,
, by barelj fmarching their private men un
der military command to the places of eießibn, within
the count," .of which they were inhabitants ; and they,
or any other perfoos, bhU an undoubted right to fur
nifh them wl/h tickets, and to advise them to vote ac
cordingly, Thel.^er parr es this question appears to
be incomplete § however if the meaning is, that the
private men in the militia were prevented Tr+ m “ act
ing and judging like fret-men," the following qnefti^
ons will occur: Bow many were thus prevented ? By
whom were they prev nt f in what Planner were they
prevented ? Were they refrained from .voting, or com
pelled to vote through violence or fear? Without
these are aiifwered, 110 opinion can be given to this
part of the proposed qaeft 10/1..
2d. Thi. charge depends upon the nature and
effect of major Hanna's tind the other officer's repri
mand. This is not Hatell. If Phineas Roberts,,not
withffanding the reprimand,'did peak with his 'fons,
mo injury was received. The 'confequence of the re
primand is the material part, "but this does net ap
pear. Upon this state of the qheftion, we can perceive
no ground for legal punishment, much less for making
the election void.
3d. As major Bethell and the two captains wqejm
ployed .'only depositing the tickets in a b^x, after they
had parted through the hands of the i rffpellors, and
were read by them, there is no reason For judicial cen
sure, nor the !etil foiindation for vacating the,electi
on on tins account. The all of affrmbly,,'paffed in
1705, dfreds tuat the ele&ion ihall be concluded in
the presence of the ih<rilf, judges and infpeftdrs not
that they ihall,perfonally perform every ifeimatc-ri allittl
relating to it.
4th. We apprehend that Mr. Engle, asa judge of
the election; was in the difeharge of his duty, and not
an intruder upon the province of the iiifpellors in read
ing or calling out tickets, when calling up the poll
By the aft of assembly, parted February Sth, 1766, he
had a concurrent power with the iheriffand infpedors
to read, count and cast up the votes.
sth. It does not seem to.be a fufficient ground to
set the election aside, because it was not opened until
rfter two o'clock. The aft, directs that the election
ihall begin before that hour, but does not make this
kei of so much cbnfequence as that the election should
be void, in case it was begun after that hour; if this
had been the intention of the legylature, they would
certainly have made it so by express ^ords: Btt it is
only directory, and mentions that as the mod con
venient time. However an officer may be punishable
for neglect of duty, the people are not to be deprived
of representatives on account of his omissions.
6th. As there appears to have been no fraud nor in
jury in this tranC Rion, tho' it was not conformable to
the direflions of the all of afferiibly, we do not con
ceive it a fufficient reason for vacating the election. .
7th. The election ought not to be declared vo'd,
b'ecaufe some ofthe iiifpelfors lift thejr flattens before
the eleftion was ended. They indeed vi'ere offenders,
and may be punished, for not performing ,'heir duty,
hnlefs they quit their Ration through ihdifpofition or
some other good cause. If elections were 10 be set aside
for irregularities, which do not effeft obviously and
materially the truth of the POLL ; the Craft of
the judges or inspectors might lead them to contrive
such departure frofo duty, or tec^mmrt some irregu
larity, in order to overturn an election, in case they
should dislike the event of it. The rights ofthe pea.
ple do rot depend upon so precarious a foundation.
Bth. This question is not stat d with fu ffici'ent ?Feci
fion; it does not appear whether the i.nlpeftor knew
the apprentice to be such, or whether he was under
age. Deceptions rebelling unqualified persons often
happen, but it would be very wrong to set aside an
election fora whole county, upon proof of a< single in?
fiance of this kind, especially if the fitting member has
more than a bare majority. The utmost that oibght
Sth. If an infpeltor received a ticket from an ap
prentice; is it contrary to law, and Sufficient to vacate
the election?
6. If at Wentz's 75 tickets were examined by the
infpeftors and judge without being read aloud, and the
numbers added to each candidate's name in figures,
and not in the usual manner; Is ,his contrary to law,
and fufficient to set the election aside?
7th.. If from Wentz's some of the infpe&ors went
away before the election was ended; Ought the elec
tion to be void ?
9th. If colonel Bitting at the eteaion at Wentz's
reprimanded a man for altering his ticket, and tore it ;
Please give your opinion, Ought this to affect the
ele&o'n?
Please give your opinion, Is this contrary to law,
and a fufficient reason in law to set the election aside ?
4th. If Mr. Engl?, a judge of the ejection, called
out tickets when casting up the poll: Was it illegal;
and ought the election for that reason to be set aside?
, Sth, If the election a.t Wentzes was not opened till
after two o'clock ; Aught the election for that reason
to.be set aside?
manded by major Hanna and another officer for so do
ing, and was told he had no business to (peak to the
m^F or to attempt biasing their minds:
Pieafe give your opinion, Is this conduct of major
Hanna and the other officer, contrary to law ? If con
trary to law, ought major Hanna and the officer to he
punched, or the election set aside ; or is this proceed
ing Sufficient in law to warrant the punishing of major
Hanna &c. and letting aside the election?
3d. If major Bethel, captain Afhmead, and captain
Nice, ailed as inspectors at Germantown, by receiving
tickets from fworh mfpeltofs (after the tickets were
read) and puting them in. a box without being on
oath :
ANSWERS so the QUESTIONS PROPOSED.
JAM^S POTTER, vice-president,
JOHN LACEY,
• JOSI eH GARDNER,
JOHN PIPER,
CHRISTOPHER HAYS.
*„* The piece signed “ An OLD WHIG," con
taining Remarks on the Dissent of the Minority Mema
kers of Council, respecting the Philadelphia County
Election, is unavoidably postponed to our next ft,<
want of room. Advertisements, '&c. &c. omitted f%
the fame reason, will also be carefully attended to.
e^^^^xx&^i&^^^ra
Drugs and Medicines,
A neat ASSORTMENT just received from Amster
dam, and wairan^ed eqinl in Quality to an, hereto
fore imported. To be SOLD, by
SHARP DELANY,
bru go Isi,
At the corner of Walnut and Second-rtrrets : Among •
which are—
The twenty firft charge being .read, and so much
thereof as the council have declared to be well founded
considered, the question was put, Does this tend to in
validate the Said election ? And carried in the AFFIR
MATIVE unanimoufty.
The twenty second charge was read; and So much
thereof as the council hav© declared to*be well founded
considered, the question was put, Does tbis/tend tofiq.
validate the election ? and carried in the negative.
The prayer of the petitioners against the eieetion'of
a councillor for the county of Philadelphia, was read
and the council having investigated and considered the
charges alledged in support of their petition,the ques
tion was put, "Shall the election of a councillor for the
“ County of Philadelphia be set aside, and a new elec
" tibn be ordered ? " and carried in the negative.
The foregoing extracts from the rtiihutes
of council are. certified, by order,
T. MATLACK, Secretary.
The nineteenth charge was read, and the part decla
red by council to be well founded, considered, and the
question being put ; Does this part, so declared to be
well founded, tend to invalidate the election / Was
carried in the negative.
The fifteenth charge was read, and the queftiou be
ing put; Does this charge tend to invalidate the elec
tion? iV^s carried in the negative.
The feventeent'n charge was read, and thequeflion
being put: Does this charge tend to invalidate the
election ? Was carried in the negative unanimously.
The eighteenth charge being read, and the refolutioni
of council, that ^,e election was opened after two
o'clock; the question was put ; Does the opening the
election after two o'clock, tend to invalidate the elec
tion? And carried in the negative.
The twelfth charge being read and considered; the
question was put ; Does this charge tend to invalidate
the election ? And it was carried in the negative daani
moufly.
Moved, That the board do now proceed to conGder
Separately, such of the fpecific charges as have been
deemed to be supported by evidence, in order to de
termine how far each of them ought, or ought not to
invalidate the election of a councillor for the county of
Philadelphia ; and the motion being (sconced, the ques
tion was put, and carried in the affirmative.
[ Hereupon Several members ofthe council withdrew,,
and entered their dissent as published by them.]
The firft part of the sixth charge being read, the
question was put, Does this part o' the said charge
tend to invalidate the said election? And carried in the
negative.
The third part of the said sixth charge, being re? 4 and
considered, the queilion was put, Does this part of the
Sixth charge tend to invalidate the election? And car
ried in the negative.
CAMPHOR,
CanthMridee
Co t. Aurarn,
Barf. Cap,v.
A<gh: Viv.
Arlen, Alb.
Gentian.
J^p,
Aq. forth;
to be done in this case would be to Subtract the vote
from the fitting member.
9th. Though tolonel Bitting reprimanded a man fc,
altering his ticket, and tore it at the place wf elect 1 ,
yet this is not a good reason for vacating the eieltioe
For aught that appears, the man may nave procure
another ticket and delivered it to thq proper infpettor ,
it might not have been a ticket for a councillor. Be
this as it may r it does not appear to us a fufficient
ground for declaring an election void> because one e'
ledor reprimanded another for altering a ticket, which
he had received froir, him, or because he retook the
ticket he had before furniihed, and tore it. If it
should ,be determined otherwise, it would bein the powl
er of any man to let aside any election; because an,
man may reprimand another in this way and procett
to tear a ticket he did not approve.
Upon the whole, fraud, force or undue influence,
may in some instances be fufficient reasons for decla
ring an election void ; but no irregularity, except fuels
an dne As would render it uncertain, whether the can
didate returned had a snajority of the free votes ot
quaiihed electors, .that being the substantial point,
ought, in our opinion, to ^ffelt the rights of the ;re
presentative or represented, especially where they had
no ihare in it; but in such case the perfop committing
the offence should be duly punish: d'^ according to the
nature of it. The tree diftiudion is between the pub
lic and private wrong ; the generality and the particu
larity of the injury.
Philadelphia, March THO. M'KEAN.
12,1782. GEO.BRYAN&
At the above Place njay also be had, as
uAa', such order DRUGS and PREPARATIONS ^
now are more generally used, and MFbICIN>U
CHESTS, of UiftfoeHi P icet, f 0! SHqS,L^-WohA
&c. with proper D^cLom,
Gpm Araz.
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Myrrh'.
Galbao.
- Opium,
Fflenfc Lemon.
, Bag^mot.
Succ. L querit.
Kafr Liquorif.
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Chih^niod
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tZefo /.
IVtlerrn Sylvi
I Soil Sue.