The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-03-02 00:00:00, page 1

The REMONSTRAN CE of three thousand seven
hundred and forty three inhabitants, Freemen, of the
count, of Lancafer.
Humbly Sh^weth,
THAT your Remonstrants have carefully considered
a late Resolve of your honorable Houfe,for the pur
pose of calling a Convention, to amend feme incouveni
encies, fuggened to be in the present constitution. Your
Remonstrants beg leave to observe, that this resolution is
not founded ®n the constitution, and therefore the people
not bound to adhere thereunto ; that it is not founded
upon the constitution, is plain from the 4.7 th fedion ofthe
frame of government, where there is provision made for
callings Convention, if it Shall be thought necessary, at
certain periods therein mentioned ; that it is not obliga
tory upon your constituents, will appear from the follow
ing reasons: As in the great machine of State there are
three principal powers, with others subordinate to them ;'
the firft of these principal powers is the power of the
people, the second is the power of the constitution, the
third is the power of the law; now the power of the people
is firft, because without people there could be neither
constitution nor law ; the power of the constitution is se
cond, because it is the immediate production of this firft
cause, and if the people and the constitution make the
firft and second powers, it is from thence evidentthat the
law is the third power of the State. And thence it fol
lows in order, as from ti e people the constitution is de
rived, so from the constitution the law is derived ; the con
stitution and the law being in a proper line the offspring
of the people, and the people thence bound to allegiance,
as well as obedience thereunto. Therefore as the consti
tution proceedeth from the people, and the law from the
constitution, the law then cannot alter the constitution ;
and thence every law, aft, decree or resolution, that is
made by the legislature and not founded thereon, or con
trary thereunto is void and of no force; it therefore fol
lows that the Supreme Legislative power is bound by the
rules of the constitution, for the rules of the constitution
are to them what the law is to the Supreme Executive
power. The people make the constitution, the legislature
makes the laws, and as Magistrates are bound to deter
mine according tothe laws of the land, so are our Repre
sentatives bound to ena& laws or resolves according to
the rules of the constitution, and not according to the
principles of their own reason, for these may differ from
the maxims of the constitution, (as it is certain they have
done) and thence arifesthe necessity ofafferting the con
troul of the constitution over the Assembly, and all afts
by them made: Then as the power of the Assembly is
limited to the constitution, and they folgmnly bound by
oath (or affirmation) neither to add to, alter, abolish or
infringe any part thereof; they are then no mere than
guardians and trustees of the people, the constitution is
that deed of trust, wherein they stand bound to uses only;
and these uses for defigns l being therein naraed, they
have no right to depart therefrom : But for their faith
ful performance are accountable to those by whose con
veyance the trust was made. Upon these principles then
this resolve cannot be binding upon your conftituems, as
it has no foundation in the constitution but fwbverfive
thereof. Therefore as obedience is due to laws or resolves
when founded upon the constitution, so when they are
contrary thereunto, disobedience instead of obedience be
come due.
Your Remonstrants cannot but be furprized at the
mode prescribed in the said resolutions for taking the fen fe
of the people, whether a Convention shall be called;
and at the fame time electing the members of the Con
vention, as we conceive it contains in it a plain contradic
tion, for as those who are against a Convention, will un
doubtedly vote against it, yet it is enjoined upon them
at the fame time to elffl members who are to compcfe that
Qonvention ; the said resolve also contains in it a mistrust
of the integrity of the Sheriff's and Judges of the elections
in the several counties (who have hitherto been the Truf.
tees of the people in holding elections and drawing the
boxes) as the boxes are to be delivered to the Assembly
by the refpedive Sheriffs sealed, and they to draw them,
&c. the people then have an equal right to fufeed feme
secret defigm in the Assembly, as they have assumed to
t'hemfelves a power, their constituents never invested them
with.
Your Remonstrants are in no doubt there are inconveni
encies in the present constitution, but as the time when a
Convention may regularlybe called,will in a few yearscome
about, your Remon firants apprehend these inconveniencies
not fogreat but they maybe borne with until that time comes,
especially as it is to be feared ffiould a Convention be cal
led at this time it may be attended w ; th bad con fequer. roes,
as it is very probable it would involve the state into ccn
fufion and disorder, as upon the Convention meeting to
new model the con ftittudon, the commonwealth falls back
into the fame Rate of nature it was in at the declaration of
Independancej and sa perfection is not te be expected in
% the Honorable the R E PRESEN TATI VES of
the F R EEMEN of the commonwealth ofP ENN
SYLVANI A in GENERAL ASSEMBLY met.
W^W^W^
OR
GENERAL
[Price Fifteen Pence single, One Shilling by the quantity. Published every Tuesday, Thursday and Saturday.]
TUESDAY,
the members of this Convention any more than the former,
the constitution by them framed, or new modeled may also
have inconveniencies, and for the fame reason another
Convention be called to amend that, and so on from time
to time, and thereby divested of a constitution altogether :
Whereas if no Convention be called until the time men
tioned in the present constitution they may be better able
to judge of the inconveniences and suit their amendments
tnereunto. Your Remonstrants humbly conceive that
were lift of the taxables in the several counties taken .as
directed in the present con ftitution, that a more equal re
presentation may be had, it might be of more advantage to
the state, than passing a resolve for calling a Convention at
this time and as the said resolution is not founded on the
principles of the constitution but contrary thereunto.
Your Remonstrants (not doubting your Honors sincere
wishes that peace, concord, and harmony, may increase
and ever subsist amongst the Inhabitants of this state,
without which we cannot be a happy people) therefore
trust your Honors may take this matter into your serious
consideration and countermand the said resolution, and
your Remonstrants as in duty bound will pray.
In GENERAL ASSEMBLY of PENNSYLVANIA.
WEDNESDAY, February 24., 1779.
The bill intitled, “ A supplement to the ad intitled,
an aft for emitting the sum of Two hundred thousand
pounds in bills of credit for the defence of this state, and
providing a fund for finking the fame by a tax on all
estates, real and personal, and on all taxables within the
fame ;" and also to an aft intitled, " An aft for railing
the sum of Six hundred and twenty thousand dollars for
the use of the United States of America,' 'being read and
debated by paragraphs, was thereupon ordered to be
tranferibed for'another reading, and printed in the mean
time for public consideration.
Ex^raßfrom the Minutes,
JOHN MORRIS, Junior; Clerk
of General Assembly.
Afufplement to the aR intitled, " An aft for emitting the
sum of Two hundred thousand pounds in bills of credit for
the defence of this fate, and providing a fund Jor Jinking
the fame by a tax on all estates, real and personal, and on
all taxables within the fame , and also to an aft intitled,
" an aft for raying the sum of Six hundred and twenty
thousand dollars for the use of the United States of Ame
rica."
WHEREAS by the devastation and deftruSien
of private property in sundry of the interior coun
ties of this state by the British army, and the frequent
inroads of the savages and others the emissaries of Great-
Britain upon the frontier counties, a very considerable
number of the inhabitants are rendered incapable of pay
ing their several proportions of the public taxes, as well
those laid for defraying the particular expenditures of this
state, as of the Six hundred and twenty thousand dollars
ordered to be railed for the use of the United States;
AND WHEREAS these distresses have befallen the said
inhabitants, in consequence of their attachment to the
common cause, and not from any particular fault of theirs.
Therefore,
be it enabled, and it is hereby enabled by the Representa
tives of the Freemen of the commonwealth of Pennfykvania,
in General Assembly met, and by the authority of the fame,
That the Commirtioners and Assessors, or a Majority of
them, of the city and county of Philadelphia, the coun
ties of Chester, Cumberland, Northampton, Bed ord,
Northumberland, and Weftmoreland, are hereby autho
rized to exonerate and discharge such of their taxable in
habitants as shall make fuffieient proofs, or for or in be
half of whom fuffieient proofs shall be made to the said
Commffioners and Assessors refpe&ively, of their having
been driven off and dispossessed of their settlements, or
otherwise disabled by the enemy, to pay their refpt Rive
taxes, from the payment of the several sums, or such
pares thereof, as they shall deem just and reasonable,
with which they may be, or ought to have been charged;
as well of the tax of five (hillings in the pound, imposed
by an aft passed the twentieth day of March, in the year
one thousand seven hundred and seventy-seven, as of their
respective quotas of the Six hundred and twenty thousand
dollars, directed to be raised -for the use of the United
States; which remission or mitigation shall only be made
in favour of those who have bona fide Buffered by the in
cursions or inroads of the common enemy, and in such.
proportions as their several losses of propertyju fttydemand.
And be it further enabled by the authority aforefaid.
That rhe Commifflone^ and Affeffoas of the said city arid
counties refpeftively, shall transmit to the General As
sembly a lift of the names of the persons so exonerated,
stating the particular sums so remitted to each particular
person. And that the deficiencies which may arise in
railing the quotas of the said city and counties by reason
hereof, shall be paid and made good out of the state
taxes, which shall be levied and railed hereafter.
And k? it further enabled by the authority aforefaid
That so much of the said ads, to which this is a supple
ment, as are herein altered, supplied or amended, is
hereby repealed and declared null and void.
141^
T HE
THE
ADVERTISER
To be SOLD by. Public Vendue,
At the Linen Manufactory at the corner of Ninth
and Market streets,
ANEW BUILDING, which may be cut into
two good Rubles and chair houses, each eighteen
Z" h large h *y- )oft > being double trained
in the midd.e for the convenience of moving. At the
<J P^L^ 1 be fo 'd> the Eff e & s on hand, corfifting
6 hn %,nit,, flax, thread, and a^nmuer of
n b °°o"° T ' h ° ' a ' e '° b ^ in ° n tfte "th of March,
at One o clock.
At the Company's Bleach Field in Morion Town
^ l £ d ^ P " blic Vendue > a Frame Building,
reded in the field, having a new twenty-feet water-
, nd ,y uteK ms necessary for the bleaching
such as boiler, lye tubs, scoops, bolfo, drain
ing frames & c . Also will be fold, a horse, cart, plow,
elev^h r'° '"^™ ° n the P remifc s the
eleventh ot March, at Ten o'clock.
+°f h a , in g,^y Accounts against the Company
are desired to bang them in to Isaac Howell, Sa
muel Clark, or Richard Wells, as the flock is
now to be divided amongst tne Proprietors.
a Philadelphia, February z 6.
WA S STOLE N
Lift nighty from the fubferiber, living at Mr. Join
T^r^ artic ^ fviz# '^ ^ of new
A fheefrflm gloves, drawee; three bonnets
plain pee.ong, @ n e flowered ditto, one half-worn'tafia
oy™ 0 ^ ^°^ ° ned " k t^drt to
one popiin ditto, one white mu sl in ditto , one
linen ditto; one green quilt; one brown moreen fart
one green camblet ditto, one blue di^to, one brow^it!
to, brown durant with red lining, ready for Quilting
one patch work counterpane; bun%^ g '
tt} e '""'' petticoat much worn ; one short clrfli'/AT'
h 'a'c' "V '"' information as above dire&ed shall
be handsomely rewarded.'
mary stock.
<TVTV nr Philadelphia, February 26.
DOLLARS REWARD
R Y from , y brigade 8 f fo.the
viz W? A m the " v:ce ofthe s^%
^atmore, an Engliffiman, ab cu . fi v -ft et
i B X:^ full faced, black hair cut short, and
jacket "?'ir' 'a' on a brown coat, grten
od brecch "' white Y arn ftockirgs, and
R AN c E ' , SA ffi " U " C^^ELL, alias Samuel To-
Render mad lr ^'"i an ; * b ° ut five feet fix inches hi g h ,
coat ,r o^n 0 ^n hair; with a nankeen
inks' old floe. ''": breeches, blue ribbed ftock
enliL°% ' beav " '," with ^ white button : He
M^h^ D 0 m"g Y/ ^ " ith CoL Joh "
vance , nd received ten pounds ad
to rn . n ' e : takes u p said deserters and brings
in Phihdet'h* ' r 11" Quarter. Master General's office
: ach and^ *:? r ro ceive TI “ RTY d °^ # a„ for
^%r^^ ^ d b ' c^ John
HENRY BROOKS, W. M.
Navy Board, Philadelphia, Feb. 28, 1779.
AL L perfohs having demands against this
hoard are desired to bring in their accounts ;
and all those to whom the Board hath advanced money
for public uses, are hereby celled upon to render an ac
count of the expenditure (with proper vouchers) with
out delay..
e Ihe Honorabh Marine Committee of Congress bar
"’'fro"""' '''" B° a rd to fettle their accounts as soon as
poffibf induces the above notice, , t p which it is ex
pected due attention will be paid, by all concerned.
JOHN WHARTON,^
4. JAMES READ ffommiffioners.
T' DRAUHTS upon Boffori at
I fight, of £3760 2 4 ) r
_ t >O3 0 0) Lawful mOT y,
I TAMES VANUXEM and CLARK's
ln w ^,- ftfc et, between Arch and Race streets.
Virginia TO BACC of™ h °' fe ' ° ftbe veryb ' ft
CAME to the plantation whereon the sub
scriber now lives, in H-verford township, Chester
f ' me time hft Au !U>ft, a dark red COW, low
in flefh. The owner i$ desired to come, prove his pro
perty, p^y charges and take her away.
RICHARD GORMAN.
MARCH 2, 1779.