The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1781-03-03 00:00:00, page 2

Oft. 16. The country gentlemen ftiould be well
aware of the various Tow stratagems of ministers, be
fore they join the plunderers and harpies of the state
in the prosecution of the fruitlefs and ' deftruchive war
in North America. A striking indance of this fort of
delusion is to be seen in the lafl fuccefsful gazette ; a
minute lift is there given of the fighting men before
the engagement, which are made to amount to no
more than about 2000. This is the firfl infiance of
such a lift, and is evidently intended to draw the pub
lic attention from the peculiarly fortunate circum
fiances which gave lord Cornwallis his advantage, to
the belief of what so small a force is capable of doing
against so numerous a body of the enemy, and to re
new the old impressions of American cowardice and
want of (kill. Before this engagement happened, when
eur final! force in Carolina was spoken of, miniflers
boldly asserted there were (even thousand effective
men with Ibrd Cornwallis, who was superior to any
force the Americans could bring against him ; yet let
any fair difinterefled man read the lift gazette, and
determine whether lord Cornwallis's victory was not
likewise an escape ; and whether so far from there be
ing the smallest probable chance of his efFeftihg any
thing, ' his lituation was not nxt to desperate ? Then
let him fay whether any thing fliort of folly or wick
edness in the extreme, would risk such hair breadth
fcapes in future, in a contest where there is every
thing to lose, and nothing tube gained.
With every refpeft for a young noblemans truly
amiable in private life, judging from the part as well
as the present prevailing ' ferments in Ireland,, it is not
difficult to foretell,- that the appointment of lord
Carlifle to the lord lieutenancy, is pregnant with every
mifehievous consequence of inadequate abilities, and
the narrow accommodating spirit of a party-nomina
tion, in the most critical' and important public am a
of that country. The system of ceconomy, borrowed
of late years from the kitchen of St. James's,- and
praflifed, we know with what success, at Dublin caf
tle, may not suit ill-with the Mattered finances of the
new lord lieutenant; but the Irish; extending their
suspicious beyond his domeflic arrangements, may
pollibly entertain some jeaioufy/of those motives which
have led an unfledged statesman, after commencing
his plan of redemption in ' America; where his own
emolument; was the sole advantage his- country de
rived from his commission, to search for other worlds,
to feekhis fortune in, and rehearse his politics;
OH. 17. The price of Morocco leather hath with
in these few days arisen' more than forty per cent, in*
the city ; three Irish merchants having; immediately
upon hearing that lord Carlile was declared lord
lieutenant of Ireland, made vast purchases of that ar
ticle for fboe heels, concluding that most of the Irish
gentlemen, and certainly all the courtiers in that
kingdom, will henceforth wear red-heel?d flioes during,
the present bigh-polifhed lieutenantcy
Extrafl of a letter from St. Ildephonfe, Sept: 02.
" England has, since some time, tried every possi
ble means to bring about a misunderstanding and di
vision between the. house of Bourbon, and to make a
Separate peace with Spain. To this end several emis
saries have been sent here, and Mr. Cumberland a
mong others, who have tried different means to gain
zecefs to our ministers; they have even endeavoured
to interest some of the Roman Catholic powers in
their cause, and the most powerful among them ac,
tually undertook, about fix months ago, to make
some propositions, but they were not listened to, as
might easily be expelled. It teems that the court of
London has not yet abandoned that favourite project
Another person of diftinaion, who keeps the ftrideft
incognito, is lately arrived here from Germany, said
to be charged by the English minirtry with the moft'
extensive powers. He has had several conferences
with M'r- Cumberland ; and since the departure of
count d'E^aing both these gentlemen seem very busy
in the pursuit of their objea. They have even sent
pro positions to our minister, containing in fubflance
that England offers to cede Gibraltar to Spain, if our
king will content to a reconciliation. To this they
have received for answer, “ That his Majeffy could
not liflen to any propositions of peace, without the
intervention of France?" To tris they have repre
sented, that France having acknowledged ' t ; e inde
pendence of America, had by that very ad debarred
them for a long while from ailmeans of reconciliation.
Upon which they received for final 'anfwer :—“ That
bis majesty's co.fcience, and the dignity of his crown,
obliged him to adhere as firmly to rhealliance he had'
Contrasted as the king of France ; and that notwith
standing his ardent wlh to give peace unto his fub
jeds,and the great advantages- proposed to him, he
could not, nor would not, treat with the enemies of
bis crown, without the concurrence of his Most
Christian Majefly."
The dyfenfry plaits so much in the neighbourhood'
of Chatham, that it is difficult to find nurses to at
tend the sick. Of 300 additional troops, that arrived
in the barracks last Friday, 150 were seized with that
fatal drforder, two days after. The disease is become
epidemical, and Mr. Wood, Curgeon of the barracks^
Mr. Hill, of the Surry, and all/ the medical trii e,
nurses, &c. who attend the hospital, are afflicted with
the fame complaint, and now- lie dangerously ill.
Oft. 14. As the laftprince was born at Windsor,.
there would have been more propriety in naming him
Arthur than Alfred, from the well known circum?
stance of tide round table at Windsor.
Some short time after parliament had repealed all
the ill fafed American tax laws, except that accursed
three-penny duty upon tea,. Dr. Franklin and a gen
tieman then lately recalled from America (who had
been placed high, by Mr. Pitt, in his majesty's civil
employments in that country, and whole interest it
certainly was to approve his judgment to the king's
minister) implored Lord North to be advifed,.and to
repeal that law aifo, as it would only remain fettering,
in the minds of the people, who never would submit
to it. His lordship replied, '' No, not yet ; but by
2nd bye, when a proper time shall come, i mean to
repeal it." —That proper time (in bis lordihip's
judgment) hath never yet come, but the tax law how
day of July, next. This- seemed unaccountable,, when
the bill was depending; inasmuch, as an earlydiftri
butionof the value of them/b each officer and soldier,
proportioned to his particularpay', would have been
no loss to the public,, whilfi it provided a seasonable
and welcome relief to* the military. The immediate
fa)e of these eftathsi% however,, by avery unforefeen
event, since, become highly expedient.- The large ad
vances of public money, appropriated to other import
ant purposes,, which have been made to the Pennfyl
vania line, in part of the losses that they sustained by
the depreciation of the pap r money, have drained the
treasury of the state. It seems, therefore, quite rea
sonable, that the few forfeited real efiates,yet remain
ing, be disposed of' without loss of time, and, after re
inflating the treasury, the overplus be employed in a
further distribution to the gentlemen of the army.
When this bofinefs shall come upon the carpet, it
ever is nevertheless effectually; and to all eternity,
repealed, together with the loss of jurisdiction over
all those colonis—feventy millions of money—and
the lives of more than an hundred thousand brave and
valuable fubje£ts and citizens! So much for pro
craßination and —obflinacy “ What dire events
from trivial causes flow !"
T N your last Newspaper, you printed for public con
' fider/tion, a bill for extending the benefit of a late
aft of assembly of this state, entitled, “ An aft to set
" tle and adjust the accountsof the troops of this state
" in the fervce of the United States and for other
“ purposes. therein mentioned," to regimental sur
geons and their metes. The preamble sets forth, that
it has been doubted, whether these officers be includ
ed under the description " all the officers' and private
" men of the Pennsylvania line ," for these are the
words of the aft intended to be amended. Had the
expreflion b p °n limited to comnriffioned officers, per
haps fom? difficulty might have arisen, but if is realty
hard to guess at the ground of the al edged uncertain
ty. kt would be well, however„to confider whether the
pacing of this supplement will not lead into greater
difficulty than it can remove. Will it not; by impli
cation, divert the chaplains of the brigades? No; be :
cause this conftruaion would not be equitable. Tee
chaplainsrhave the fame ground ' for indemnification as
others.
The enabling words of this proposed far plement de
clare, " that all regimental surgeons, and their mates
in the said bnf, shall be, and hereby are entitled to
half-pay; for life, and' such other emoluments and be
nefits, to all intents and purposes; as the military com
missioned officers in the said line,- are entitled to,under
the said aft;" that is to fay, the aft firft above-men
tioned. This elaufe mufi appear, to the reader, very
extraordinary, when he shall be told, that the a& here
referred to, contains not an idea about half - pay, nor
is the word " commiffioned?' it it: Perhaps it will be
anGver d; that the half-pay is to be underwood of a
provision heretofore made for commissioned officers:
But that cannot be, for the Arift Connection formed
between the half pay, and the further advantages by
the words, " and' such other," limit the whole to the
law in question, so that this fedion will pass nothing to
these surgeons: not the half pay • for there was none
derived under the aft, intended to be extended : nor
the other emoluments and benefits; for the general
words, “ all the officers and private men of the Penn
fylvania line," had already inverted them with the in
demnification for the depreciation of thrir pay, which
is all the advantage derived from it. Perhaps there is
a gross error in the tranferibing of the bill. Possibly
we ihould readmit thus, " A supplement to an aft, en
tituled," an aft for the more effeaual supply, and more
honourable reward of th 3 Pennsylvania troops, in the
service of the United States of America;. Fh the law'
last mentioned,, there is, indeed, a j grant of half pay,
not, indeed, for life, but : from and'afteff the expirati
on of an equal annuity; promised by the honourable
the Congress of the United'States^to " aibmilitary/
commissioned officers,?' under certain reftri&ions and^
limitations. In ttris^a; too, there are other emolu^
ments and benefits, requiring a clear grant,- which the*
making good the depreciation of pay being a matter'
of jurtice, seems not so much tb need. If; therefore,
the description "military cemmiffioned officers'" will
not reach to surgeons, it may be proper to turn this
bill into a supplement to the aft just recited.
But although: the* bill^as it' stands,, appears to be
wholly fruitlefs,yet a Supplement to explain and amend
the a& for adjusting ' and making good the pay of the
army,-is-certainly among the deffderata of tnis state. I
shall therefore take the liberty to mention some real
difficulties in the matter of that a£l, and raake some
remarks on theexpreffion.,,
By the last mentioned, the file of the confiscated
estates, as they are failed, was % deferred till the firfl
may not be amiss to clear up some real difficulties in
the firtl aft : such as to define the term " confifcated,"
eflates our former'legiNatures have spoken, but nohan
idea can be collected, from their several declarations, of
the other. For confifeated'and forfeited do not con
vey the fame meaning. The firft is a term of the civil
law, intending some property, " belonging to the pub
lic treasury , the latter estate, "' whereof the right
hath gone; or departed from the former owners."
If there be no property in the state, or acknowledged
bythe laws, under the name of “ confifqated," there
can be nothing appropriated by the words which we
are considering. It is true, that irr this case there is
no private interference with the military ; if there was,
great doubt would probably ensue of the intent of the
law. Of the law, I fay ; for though the design of the
legislature can be collected ; yet the expression of ads
of assembly is the pole- star of the exe utive officers.-
Still more ambiguous is it, what particular forfeited
estates are'intended ? Taking forfeited to be the in
tent of confifeated, then it fliould seem, that all for
feitures and penalties, even those given by formr're
gulations to the poor and highways, are now incor
porated with the teal ertates forfeited by attorJerof
as it is not known in thecommon law, nor used in any
former law of Pennsylvania. Concerning forfeited
To the PR INTER.
freafon, as a fund for indemnifying they foldiery*. This^
idea, however, seems to be iheonfirtent with the taleg
here spoken of, which are deferred till the firft of Ju
ly next. Yet possibly both may well enough rtand ;
together. If the real cifates forfeited by attainder of
treason, only, were intended, it seems very proper the
assembly ihould fay so, and not leave so important &
difficulty unexplained.
Again, the auditors, established by this aft, to es
timate the depreciation of the pay of the Pennsylva
nia line, are authorized by feftion second, to estimate--
in specie, all sums of continental money, received b,
the officers and privates, -on account of their pay.
Why' not all bills of credit, as well as the paper-mo^
ney issued by Congress, which have been employed
for this use ? or all bills of credit, that have equally
funk in value ? ,itfides, the word continental, impru
dently infinuatiag a claim in the United States to all
the main land of America, inconfirtent withthe right
ful polfeffiors of Spain, France and Portugal, being'
witbab improper otherwise, has been for some time
parted, avoided by Congrefs^
The design of the fifth session, was to restrain the
privates of the army from aligning their certificates,
unless the transfer be atte fte'd by the officer command
ing the regiment to which they belong; To make this
un .erhoodj it may be proper to fay, that the audi-
ed officers to transfer theirs. The use of the cant,
plirafe, objects of (peculation,dirthis feflion, distres
ses me. That our legislature Should adopt a term not
known in the language; a term assumed by engrof
fers and foreftallers, to avoid appellations, which im
portcriminality and disgrace, is really- strange- But
it Should be remembered, that their authority, how
ever great, doth not entitle them to use new-fangled
and uncertain expressions. We allow them Ito stamp
money, but not to coin words. They/ who speak to
the people, Should use fettled and plain language ; sup
pose the sense of this sentence could- possibly become an
important question in a court of jufiice ; on one fide it
might be proved, by all the dictionaries,- that- (pecu
lation intends an intent fludying or thinking upon any
matter ; but what sense would this give to the partage r
on the other, what author, what book in the vast fund
of writingsextant iwEnglifli, could be adduced in (up
port ofrthis use of it ? Yes,,l recoiled to have seen
Something like it in Rivington¥ Gazette. But what
an authority's this!
Philadelphia, March 3,
Intelligence from the Southward.
BY authentic advices we learn, That General
Morgan collided pear one hundred prisoners, b,
parties sent out for the purpose, after the account he
gave in his letter to general Greene, dated the 19th of
January last: That upon receiving the news of Tarle
ton's defeat, lord Cornwallis marched with his army
in pursuit of the light infantry and the prisoners. As
soon as general Greene was informed of the movements
of lord Cornwallis, he put the army in motion on Pe
dee, and leaving it under the command of general
Huger, set out to join the light infantry, in order to
called -the militia and &mbarrafs the enemy, until he
could ertea a junaion ofhisjforces. General Morgan,
after the defeat of Tarleton, had every judicioufi,
made forced marches up into the country, and happi
ly crossed the Catawba the evening before a great rain^
wnich Iwe led the river to fuco a defree a: preveme#
tors before mentioned, 011 adjusting the deficient pay
of eact iofficer br private, are to furnifh him with a
certificate, setting forth, the sum to which he may be
entitled ; andhhis “ to prevent their being, counter
feited, or becoming objects of (peculation." It is
aiked,. are these vouchers assignable in their nature?
Certainly notes of hand, or promissory notes, were
not negociable, till made so by aft of assembly, in the
year 1715. Such certificates can only be evidences of
ademand in behalf of the perform to whom they shall
be made. Tnis eftablithed idea of the common law,
is acknowledged, by an aft of assembly, passed in the
year 1766;. .enabling the managers of the city alms
house to borrow money at interest, on their certify
cates; for a special clause, in this law, made these
certificates assignable, and barred the right of the as-.
signor. It should therefore feeing that an express au
thority is hill, wanted to enable even the commission-
As b gcoalong, L shall just mention another vulgar
ifmhn fubflituting the preposition to, for the conjunc
tion till. This occurs in Section the second ; " from?
the firft of January 1777, to the firft of Augu^fl 1780."
We laugh at a mode of speech, common in some parts
of the state; " from Lancaster till Carlifle : 7 ' but the
former is equally inaccurate. The mentions of such
failures in composition', may be ufeful on future occa
sions. His certain, they disgrace a public body.
Se&ion the ninth,, seems to design - an^ authority in
the auditors, to take theaiteration, of the officers an<f
Soldiers to their accounts.- - But'if' this were intended,
the words are not fufficient As it is against the fettled"
course of the common law, that any perfoa should be
heard on oath: in l any/matter, in which' he has the
colour of' intereft,.very express and explicit terms are
necessary/ for that- purpose.- A power, barely “ to
fettle accounts onoath," as here, will warrant the*
auditors th examine difinterefled witnesses after this
manner: As nsu fter>-roifs and, payrolls wilt form the
ground ' on wnich this bufmefs must be conducted,
tnere seems little need, for admitting the affidavits of
the parties ; which ihoulcivery ' seldom or never ba
a'bne, as it lays men under too great temptation. Thii
last observation is designed for the auditors.
If criticism only were the intent of these ftric
tures/the aftbefore us affords fubjea enough of this
nature. We might proceed tb a eonftlerable lengths
It was certainly an hafiy and crude piece of legal
composition, and may serve as a memento to our
rulers, of theadbantage of letting their bills in assem
bly, lie over till another fitting,, as the conftitutioa
has wifely, directed. I am, Sir, yours,
Philadelphia, Feb. 20, 1781. SYLVESTER..
•^ Thephrafe ufted is, "all confifeated eftates.'*