Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-01-10 00:00:00, page 1

7b the Merchants and offer Inhabitants of
the City of Philadelphia.
^-o ^ ^-A' HE affairof the Tea, which has
4 ^ > oflateengrofled the attention of the
4^ T Y'^ public being now fettled to the fa
&^> tisfadion ofthe friends of America,
4 ^^ > permit me to remind you, that a
S/^T cause is now depending, in this city,
before Jared Ingersoll, Esq; sole Judge of a
new and unconstitutional court of Vice Admiralty
for the Middle Colonies; the event of which altho'
not so interesting to the colonies in general, is of
the utmost importance to the trade of this city.
A market-boat, plying between this city and
Newcastle county, for bringing flour and other
produce here for exportation, was seized by the
Custom-House boat, on her return to the landing,
a few weeks ago, and has been libelled in the
court of Vice Admiralty: The cause aligned in
the libel, for her seizure, is, that she had “ laden,
" at the port of Philadelphia, four hogsheads of
" rum, twoofmolaffes, one hogshead and one bar
" rd of sugar, one half barrel and two small bags
" of Tea, and two small bagsof Coffee, in order
" to be whipped (o some other British colony or
" plantation ; and did depart and proceed on her
"voyage, without having given bond, as by law
" required, to the Collector, or other principal
" officer of the port of Philadelphia; or without
" having obtained from him a fufferance or war
" rant for that purpose, contrary to the form of
" the statute, in such case, made and provided."
1 he officers of the Customs fay, that they only
mean, by this seizure, to compel the (hallop-men,
plying on the western shore of the Delaware, to
call at the Custom-House, and take permits every
trip they make: If this were all they had in view,
1 think it of the most dangerous consequence to
the trade of the city. The accumulated expence
of obtaining certificates, for every small article
carried by these boats, for their country customers,
altho very considerable, is but a part of the great
inconvenience they must labour under; the delay
attending it would be of worse consequence; and
besides, if they are to take permits and certificates
from hence, they must also bring the like with
them from the country: This circumstance alone
would double the time that is necessary for making
a trip; for they must firft load their boats, at the
landings in the country, and then go by land to
the Custom-House, for their permit and certifi
cates ; and as there are but two offices in the Lower
Counties, one at Newcastle, and the other at Lewis,
most of the boatmen would have fifty miles to ride.
But however moderate the Custom-House offi
cers may pretend their demands are at present, let
us fee what impositions they will have a right to
lay upon the boatmen, if they carry their point
and procure a condemnation of his boat.
She is seized for not having given bond and ob
tained fufferances for the goods on board: If (he
is condemned for this cause, of course all boats
hereafter must be obliged to do that; for not doing
which, this boatis seized: What is this le's than
fliips, using the sea trade, ufuallydo? I apprehend
it is the fame exactly, and that the present attempt
is to make boats, used for bringing the produce
ofthe Lower Counties to our market for exporta
tion, chargeable with as heavy fees, for entering
and clearing, as sea vessels. Iftheir point is once
tarried, I submit to your judgment, whether it is
to be expected of Custom-House officers, that
they will take less fees than a determination of the
Admiralty has given them a right to.—
It cannot be expected but that the delays and
additional charges, in such case, will, at least,
render a double freight necessary to the boatmen,
(for their freights are already so low that nothing
but the greatest dispatch will enable them to get a
living) the consequence of which will naturally be,
that they will fend their produce to other places,
not fubje& to the like impositions: Wilmington,
already a thriving, and I had almost said, a rival
sea port, will have the exportation of all the pro
duce ofthe Lower Counties and the eastern shore of
Maryland, which is admitted to be, at least, one
half of all the grain, flour and lumber, annually
Dipped from hence, as well as the supplying those
countries with all their foreign goods; and the
trade of Philadelphia will he confined to those goods
only, which are brought here by land, or by a
difficult and uncertain navigation through the falls
es Delaware and Schuylkill.
I do not intend to spend more time in represent
ing the definitive tendency of the dotrine at
tempted to be established by this seizure: A large
field is open, but I shall leave it to others more
capable of expatiating on it: What I have said,
will be fufficient to alarm those, who have the
profperiry of this port at heart. I shall, therefore,
only endeavour to (hew that it is in your power to
avert the evil; and that, without your afliftance,
the fatal dotrine may take place.
David Vandyke, the owner of this boat, is in
narrow circum fiances, not able to contend with a
Wealthy officer of the Customs; he is ignorant of
those steps necessary to be taken, to make the bed
•1 his caufe;-- in fat he is an individual,---!^ is a
O R,
GENERAL
V O L. 111.
M O N D A
fhallop-man ;---his cause is the cause ofthe public:
The tradeof the port is to stand, or fall by it. The
public, ard the merchants in particular, will, it
is hoped, fee that it is properly tnanaged. It would
be improper for me to point out the method, in
which he Should be assisted. The merchants of
Philadelphia have given repeated proofs of their
abilities, in finding the best expedients for avert
ing public distress. I shall only date the principal
questions that will arise in the cause, in order that
you may judge for yourselves, whether it is such,
that so refpe&able a body of people can engage in
it, without rifquing their reputation.
A fballop or boat, trading from one part of a
colony to another part of the fame colony, or to
state the present case, in other words, a boat used
for the transportation of country produce, from
that part of the province where it is raised to the
great market where it is bought for exportation,
never was the object of any a& of Parliament for
regulating the trade ofthe colonies; nor are such
boats forfeitable, for having on board goods where
upon duties are payable, or which are prohibited
to be exported, any more than the house in which
such goods may be found, goods transported from
one part of a colony or plantation, to another part
of the fame, being exactly in the fame predicament
as goods in a house, for no at goes farther than
to impose duties on, or prohibit the exportation of
them from one colony to another. If then the
county of New-Castle on Delaware is within the
fame colony as this city, it will follow, that the boat
now under seizure, has been unlawfully arrested and
detained, and that you will not only be fafe from•
a charge offupporting a bad cause, but will be ve
ry blameable in not affixing in the defence of it.
That the Lower Counties of New-Castle, Kent
and SufTex, on Delaware, originally were and vet
are a territory annexed to,, and always considered
a part of the province of Pennsylvania, will, I
think, plainly appear from every charter, at of
Pailiament, and other public ats, and from his
tory and general reputation, as well in England as
•America, and particularly from the condut of all
the Custom-house officers, and even from the de
cision of Courts of Admiralty.
The province of Pennsylvania was granted to
William Penn by Charles IL in the year 1680,
and the Lower Counties were granted to him by
James, Duke of York, afterwards James 11. in
the year 1682, and by both these grants, powers
were given for the good government of the re
fpetive premises.—William Penn being thus seiz
ed of the fame by a public ad, entitnled, " The
Frame ofthe Government," dated 2d April, 1683,
united them together by the name of the Province
of Pennsylvania, andthe territories thereto annexed in
America —By virtue of which, and of a charter of
privileges, which was afterwards delivered up,
the inhabitants of Pennsylvania and the Lower
Counties eleted members of Council and of As
sembly, who met, and jointly enacted laws, for
the good government of the province and territories
annexed. —ln the year 1700 the inhabitants of
the province and territories in General Affemb'y met,
delivered up to the Proprietary the said charter of
privileges', upon his promise to grant them one
better adapted to their then circumstances And
accordingly on the 28th October, 1701, William
Penn granted a new charter, entituled, “ The
Charter of Privileges, granted by William Penn, Est;
to the inhabitants of Pennsylvania and territories,"
under which we now enjoy a greater share of civil
and religious liberties than any other people in the
world. In the preamble of this charter he recites
his title under Charles 11, and the Duke of York,
to the province and that tract of land, “ ^u called
the territories of Pennsylvania," and that he had
formerly granted the inhabitants a charter, which
they bad given up: Wherefore he thereby gave,
granted and confirmed, to the inhabitants in the
said province and territories annexed certain liber
ties and privileges in the said charter, expressed to
be held and enjoyed by them for ever. By the
second fetion of this charter it is declared, that
each county, in the province and territories should
chufe an equal number of representatives, to form
a General AfTembly for the making of laws: And
by the last paragraph of the Bth and last fetion
the said William Penn, by the name of William
Penn, Proprietary and Governor of the province of
Pennsylvania, and territories thereunto belonging,
did fblemnly declare, that those privileges should
never be infringed or broken by him, his heirs or
assigns; with this clause the charter closed, and
the inhabitants became in fat and in law one body
of people, to be governed by the fame laws, the
fame legislative, and the fame executive powers.---
About the time this charter was making out, the
representatives, chosen by the three Lower Coun
ties, were endeavouring to obtain a separate As
sembly for legislation; but the matter net being
then ripe to be carried into.execution, they pre
vailed upon William Penn to add a clause to the
charter, empowering the Assembly at any time,
within three years, to separate into two diftint
Assemblies for that purpose, if they should not
agree to join, 66 notwithfanding any claufe or flaufes
D U N L A P's
—L^pLi^^lL^i&a^^^
in thefaid charter, obliging the province and territo
ries to join in legislation; and the said William
Penn, by the fame proviso declares, that notwith
ft^ndingfuch Reparation ofthe province and t< fritories
in refpeß of legislation, the inhabitants of both pro
vince and territories should separately enjoy all
other liberties, privileges and benefits, granted
jointly to them in that charter.---These additions
were made after the charter was drawn out and
dated, but before it was executed, and it was
signed and delivered by William Penn to the As
sembly, and by them accepted the day it bore date.
Under this charter the Assembly performed divers
aRs of legislation jointly, but the inconvenience of
fending members so great a distance as from the
Lower Counties, induced them to make use of
the liberty given them by William Penn, to sepa
rate ; which they did, “ in refpeft of legislation
only," shortly after. Notwithstanding this sepa
ration of the Assembly for that particular purpose,
I apprehend, that the province and territories
continued united as one and the fame colony and
plantation from that time to this. Those persons
in England, who entered into William Penn's
scheme of planting a colony here, always under
stood it in this light, for they took up this land
which William Pemn had fold them, “ to be laid
out within the province of Pennsylvania," in the
Lower Counties ; they were, notwithstanding the
separation, under the fame executive power of
government. The Governor, the Secretary, the
Receiver General, the Surveyor-General, were
the fame petfons, and held their offices by one
and the fame commission for both province and ter
ritories, and to this day the territories have no
other name in any public aft whatsoever, than the
territories, or the three Lower Counties, belong
ing or annexed to the province of Pennsylvania,
which they are uniformly called in all commissions
from the Crown.
From this it appears, that the Crown, the Pro
prietors and the inhabitants always considered
them as one colony. The opinions of historians
and others, who have written upon the fubjeA,
are too well known to require to be mentioned ;
yet I cannot omit the account of Pennsylvania,
given by that learned and ingenious author Mr.
Poftlethwaite, in his dictionary of commerce: A
treatise fojuftly celebrated for authenticity, that
it will be fufficient of itfelf to prove the general
reputation of merchants, and, I believe it may be
said, of the officers of the Crown; for no roan
could be better versed in the laws of trade and
plantations, and the methods of enforcing them
than Mr. Poftlethwaite. Under title Pennsylva
nia, he fays, there are “ Six counties in that pro
" vince, three upper, Bucks, Philadelphia and
“ Chester, which make the Pennsylvania so cal
“ led in King Charles's grant, and three lower,
“ Newcastle Kent and Sussex, which latter were
" taken out of Nova Belgia so called, before the
“ Duke of York granted them to Mr. Penn."
This plainly shews the idea entertained of this
matter on the other fide of the water; for if they
had ever been considered as separate colonies, so
great a commercial writer must have known it.
The constant practice of all the Custom-House offi
cers is a dill stronger proof of their being the
fame colony. It never was once supposed by any
of them, for almost a century past, that they had
a right to seize fhallops trading from the Lower
Counties here, for want of a clearance from the
Custom-House; an the contrary, nothing more
was ever required than that they should take per
mits, when they carried particular articles that
were liable to duty, certifying that they had paid
the duty on importation, and even this was with
out any authority of law : It was however sub
mitted to by some, who, rather than differ with
officers that could give them trouble, agreed to
pay by the year about zof But from the distance
of the offices from most of the landings, (there
being no offices between Newcastle and Lewis,
about 90 miles) those permits were seldom taken
out, although they were paid for. Another cir
cumstance equally strong is, that not one of these
boats are registered; as well then might the libel,
in this cause, assign that as a reason for her seizure:
So much with refpe& to general principles and
general practice. I Shall now Shew, that this mat
ter has been twice brought in question, and as of
ten received a solemn determination, upon argu
ment, in two several Courts of Vice Admiralty
within this province.—ln the year 1767, a Shal
lop belonging to David Vandyke (the owner of
the fhallop now in question) was seized by James
Hawker, Commander of his Majesty's Sloop of
war the Sardoine; was libelled in the provincial
Court of Admiralty, whereof Edward Shippen,
Esq; was Judge: Some merchants then interested
themselves in the matter: Mr. Tilghman was of
counsel for the claimant : Mr. Chew, then Attor
ney General, prosecuted. The cause of seizure
aligned was, that She had taken on board, at
Newcastle county, a quantity of tobacco, of the
growth of Maryland, to bring to Philadelphia,
without the duty being paid : Witnesses were ex
amined : The fads, before Rated, were proved,
T H E
ADVERTISER.
JANUARY loth, 1774.
and a decree pronounced, that Newcastle county
was a part, of the fame colony with Philadelphia;
and, therefore, the Shallop, and other goods on
board, were not forfeited: but that the tobacco,
being confeffedly the growth of Maryland, and
not having paid the duty, was forfeited and might
be seized any where:—She was difeharged and
the tobacco condemned. This determination was
fatisfadory to all parties, and the practice was
regulated thereby. Many fhallops were after,
wards seized, by men of War in the river, for har<
ing tobacco on board; but they were always dif
eharged, without prosecution ; and there has been
no instance of a prosecution since, for that cause.
The other case, wherein this matter came in ques
tion, happened not two years since: A quantity
of tobacco, the produce of Maryland, had been
brought into Newcastle county by land, and was
there put on board a fhallop, to be sent to Phila
delphia; on its way up, it was seized; the Dial
lop was difeharged according to the opinion estab
lished by the former decree, that she was not for
feited, but the tobacco was libelled: The cause
of seizure assigned was, that being of the growth
of Maryland, it was laden in Newcastle county
for Philadelphia, the duty not being paid : Mr,
Chew of counsel for the claimant demurred to the
libel, and shewed for cause, that it did not appear
that the tobacco had been carried by water, from
one colony to another; for, if it came by land
from Maryland to Newcastle, no duty was paya
ble on it, and coming from Newcastle here, was
only a removal from one part of the fame colony
to another: Therefore, no duty was payable, and
the tobacco was unlawfully seized :—The de
murrer was argued before Mr. Biddle, Surrogate
in Mr. Ingersoll's Court of Admiralty, aud it was
decreed, that the tobacco was not forfeited. This
matter having thus received two solemn adjudica
tions, it was not expeded, that any officer of the
Customs would have been hardy enough to bring
it a third time in question. Who has been the
adviser, on the present occasion, I know not: It
cannot be a merchant in this port ; we have not
such an enemy among us : It cannot be alawyer;
they must all know better: and, I trust, have
more regard for their country and their own repu
tation, than to advise so deftru&ive a meafire,
against their better knowledge: The Collector
cannot have done it of his own motion; he would
not rifque the displeasure of his fellow-citizens,
without a greater profped of success ; and indeed
his loss, by removing the trade to other places,
may be greater than his present gain. I hope the
Commissioners, at Boston, have no part in the
prosecution; if they have, their influence in a
Court of Admiralty, the Judge of which they pay,
is great indeed, —too great to be opposed by a Low
er County fhallop man. But be the movers who
they may, or the chance of their success ever so
small, the rifque is too great to submit a cause, of
so vast importance to this city, to the management
of a man, who cannot be equal to the talk. Rouse
then yourselves, ye guardians of the port of Phila
delphia !—fhew that you will not deep, while
your charge is in danger; unite for its preservati
on: See for yourselves, that proper steps are ta
ken to procure a just acquittal; or, if that is not
to be had here, to have the cause well Rated for
an appeal to a more independant tribunal ;
and, may success crown your endeavours.
MENTO R.
g-*,*^**^^***-***#^**
Philadelphia, fan. 4, 1774.
TH E partnerfllip of A. CALDWELL
and J. WILSON, having expired on the
firft day of August lad, all persons who are indebted
to them either by bond, note, or book debt, art
once more requeued to make payment to Andrew
Caldwell, before the ioth of February next, as
those accounts that are then unsettled shall be put
into a lawyer's hands without further notice : And
those who have any demands on them are desired
to fend in their accounts, that they may be adjusted
and paid.
Fine Blown LIVERPOOL AND LISBON
S A L T,
TO BE SOLD BY
EDWARD E VA N S,
On South-Street Wharf.
G E ORG E W A Y,
COACH-MAKER, io Philadelphia,
RET URNS his sincere thanks to his friends
and customers, for the great encouragement
he hath received from them: He also informs
them that he is now entered intd partnership with
JOHN STALL, Harness-maker and Trimmer,
and intends carrying on the Coa< h-making business
as usual.
F 0 -M OR R O W,
At ONE O'CLOCK, at
JOHN HA R TL
VENDUE -ST OR E,
At the corner of South and Front-Streets,
Will begin the SALE of a large and mat
aifortment of
M ERCHANDIZL
N UMB. 116.