Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1775-07-03 00:00:00, page 2

F^W tbru^Lti LEDGER if March 7.
To the P RI N T E IT
SI R,
( 1 OME three, four, and 6v^ centuries ago it
>) was usual at the elofe of our Parliaments, to
rirtinguhh them, according to their deceits, by
lomc particular epithet, whethet good, bad or
indifferent. In consequence of this laudable usage,
I find one ofour Painaments stands stigmatized
aith the opprobrious epithet of " ignorant;" a
L<orJ, with that of '' insane;" and a third, with
that of the " merciltfs Parliament."
Any o^e of these L/ere, yet juftepithets, our
readers moll probably will think a fudicient mark
of detestation to damn the adors and adts of such
a Parliament to all posterity. But what must
polarity think of that Parliament whoat this pre
sent hour have actually two bills before them,
the firft of which i, to attaint, and consequently
10 hang, draw and quarter one halfof our Ameri
can brethren, while the second is to prohibit their
fineries, and consequently to starve the other
half to death? Should-these two bills be enabled
. into two laws, will not posterity deservedly brand
that Parliament with all the three co united epi
thets above-mentioned, and whenever they make
men ion of it with horror, as they must always
do, will they not have reason to call it " the ig
rorantinfane-mercilels Parliament of 1775 ?"
But in charity to the two Houses, let us hope the
King, whole most amiable prerogative is certain
ly that^zf “ mercy," will pay some little attenti
on to his coronation-oath. Let us hope, as his
coronation-oath absolutely enjoins that “ mercy"
Shall prevade and govern ail the a^s of his own
judgment, he will not deliberately and indelibly
blot his name with so foul a slain, by lending it
to either of these two mercilels, unnatural, inhu
man bills.
After this seasonable, and I hope, fuccefsful
admonition to the royal ear, I proceed, to shew
my countrymen, that as the Americans have not
taken any one rtep but what is fully guaranteed
by the Runningmede treaty, so, no a& of any
preceding, or of the prelent, or of any future Par
liament can either declare or enad them to be
guilty of any one breach of the constitution, and
consequently they are not guilty of High-Trea
son.
That the Americans have convened a Continent
al Congress without any writs of summons from
the King; that they have a&ually called out and
arrayed their militia without any orders from
Government here at home; and, that they are
determined to resist with an armed force, certain
unconstitutional ads of the last Parliament, I rea
dily agree with the royalists. But, that these
fame Americans are guilty of high treason against
the King or kingdom, by reason of any one, or
all of these lelf-defenfive proceedings, I absolute
ly deny. Furl neither know of; nor ever will
acknowledge, any deed of the fubjed to be High-
Treason, but what is stipulated, ratified and con
firmed to be such, by some one of our four consti
tutions or definitive treaties.
Let us fee then by what cqnftitutional character
istics we may infallibly know what this crime of
High-Treason is.
From the Norman treaty we may learn by the
fcveral articles, " De Proditione, that it is High
*' Treason against the King where any liege sub
46 jedt shall mediate the King's death, cither by
" himfelf,or by hired affaflins,or by his own fer
" vants." Thus stood High Treason against the
King, tillthe Runningmede treaty took effect, when
this species of it was enlarged so as to include not
only the King's person, but also that of bis Queen,
and of all their children. “ Sa va persona regis,
" et regina, et eorum liberorum."
There is another species of High Treason men
tioned in the Norman treaty, and that is, where
any liege lubje^s of the King, or any liege men
of some Baron shall either on a naval or land ex
pedition, desert from the Commander in Chief or
his associate, through fear of the war or death,
“ Timid,fate belli, vel mortis," And this is pro
perly called High Treason, r.ot against the King
tingly, but against the King and kingdom. Ido
not find any other High Treasons affedling the
fubjeef in any one of our four constitutions.
Agreeable then to the constitutional law ofthis
realm, f define High Treason against the King to
be “ an insidious attempt or design of a liege sub
“• jeA (either with his own hand, or by hired as
" laffins, or.by his own servants) to take away
“ the life of the King, the Queen, or anyof their
“ children; but it must be done insidiously, and
“ not otherwise"
I also defne High Treason against the King and
kingdom to be “ a desertion of our sea or land
k forces, either in a sea or land expedition, or in
“ the day of battle," but not at any other
times.
Compare the prefect resistance of the Ameri
cans with cither of these two definitions, and I
shall challenge any man to point out any one stage
~ of their conduct that amounts to high treason, or
indeed to any crime or offence whatsoever against
the British constitution. When, for instance,
were the; ever charged, or fefpeCted of any sinister
attempt, or insidious design against the lives of
any of the Royal Family? Or, when were thev
ever known to have defeated io the day of battle?
Cao the crown-lawyers produce .any conftifution,
or even any one aft of Parliament that impeaches
the,credit or bottomnefs of my definition? If not,
Will they submit their own definition to the fame
unerring criterion and fair test? Their best defini
tion, and that in which they all concurred, was,
“ That to refirt any law with an arme.d force is
" high treason." Th^ is an imperfect, lame de
finition ar best, for it only defines what high trea
son is, but is entirely filentas to what is not high
tie. n. Besides, how can this definition of theirs
stand with the Runningmede treaty, which impe
ratively enjoins, not barely licences, but absolute
ly, I fey, enjoins the fubjeds, when they find any
jaws made in violation, derogation, or abrogation
of any doe article j)f the Runningmede treaty, to
take up arms toties quoties, and resist the execution
of such unci iftitutiQiial laws, if th^ King for the
time being (ball not previoufy, flpen petbici,hv
repealed the fame. This is the very case 'p,
sent with the Americans. Acts of Parliament
have been made in oppression oftherh, and io cx
prefs violation of the Runningmede treaty. They
have petitioned against thole acts. The Kin lit rt,
and afterwards the two Houses of Parliament,
have turned a deaf ear to their petitions. Obtain
ing no redress from King or Parliament they have
recourse to arms. “ Yes—but (lay the crown
" lawyers) that very resistance, according to our
" definition, is high treason." What! shall that
be high treason in any fubjeds of the British em
pire, for the doing of which they not only are im
peratively enjoined by, but have the guarantee
and fan&ion of the Runningmede treaty? Or, is
there any ad of Parliament, now in being, that
makes the American resistance to be high treason ?
If not, shall an ex post faßo law, and that too made
in glaring violation of Magna Charta, over-rule,
nay abrogate, Magna Charta itfelf? Look over
your whole range of high treason laws, those ex
cepted which I have mentioned as constitutionally
such, andwhat are they, in sass, but so many par
liamentary affurancesof the people, that they will
not call these treason enabling Kings to public ac
count for certain alarming deeds, which, though
perhaps they may be ftri&ly legal of themselves,
yet, by an over-strained interpretation, might be
adjudged to be of a doubtful, if not ofa criminal
nature? I scarcely recoiled one high treason law
to have been ena&ed, except it was during a reign
in which the national religion was aboliflied, or
the new religion not thoroughly eftablQed, or the
hereditary Ineceffion to the crown interrupted, or
where the King upon the throne either was a no
torious usurper, or a parricide, or had murdered
his uncle, his brother, his wives, or his nephews.
Let me add too, that these temporary high treason
acts of Parliament have always been deemed so
highly odible, or suspicious, that they have gene
rally been repealed by the next immediately suc
ceeding King, unless indeed he stood (which hath
sometimes been the case) in the fame predicament
with his royal predecessor. Let us hear then no
more of a definition; which absurdly tells us,
" 1 hat to resist a law, however unconstitutional it
may be, is neverthelels high treason." If this de
finition be admissible, lam afraid it will go so far
as to makeour very statute-books guilty of high
treafon ; far if your readers will turn to the gene
ral index of our statute-books, under the article
" King," they will there find the titleof one of our
a&s of Parliament running ia the very words fol
lowing, “ Refinance of evil admimflratior., by evar,
" JuJtifed." The statute to which this title refers
is penned in the old French law language, and the
translator of it has mis-translated the word “ war"
for an armed force, or a ftrorg hand. I made
this obferVation, because, by our constitution,
there is an essential diftinftibn between an armed
force and a war. The latter is applicable only
where the fubje&s of two different Kings, or two
sovereign States, are fighting against one another:
By the former, we understand, here in England,
that the fubjefls of one and the fame King are
fighting against each other. The word "gu^rre"
or war, is twice used in this flatute, and in both
places it (peaks of war with foreign Kings; but
whenever in this statute, there is any mention of
the resistance which the Duke of Gloucester made
to the King's troops, it is not called a “ guerre"
or war, but abombatement, or combat. The fame
nicety of expression is sedulously observed in the
Runningmede treaty; for whenever King John
uses the word " guerra, or “ guerrilla," it is
clearl y'ex preflive of a war with the King of Eng
land andfome other King or nation : For instance,
" Cum fcimus quomodo mercatores terre noftrx
" traflantur, qui inveniuntur in terra contra nos in
" gwerrina, Ji noftri falva jint ibi, adi faivi Jint
" in terra noJlrd." On the contrary, when this
lame King John mentions the resistance which the
Barons made against his authority, he does not
call it by the odious name of “ a war," but only
by thatof" difeord." As for example, “ a tem
" pore difeordia plene omnibus remijimus et condo
“ navimus." This diftindion, I fay, is essentially
necefl'ary; for every war, properly so called, be
tween one King and another, 'hath always for its
objed (however that object may be modified or
dilguifed) either the prelervation or extension of
their refpe&ive dominions; but that resistance
which in the Runningmede treaty is called
" difeord," and in the statute above alluded to is
called " combat," hath no other object in view
but the mere preservation of the people's rights
and liberties; besides, in the former, if the King
be taken prisoner, his life is forfeited; in the lat
ter, his life is sacred, and this accounts for the
juftification of refinance, forif the objcA itfelf be
just, then the resistance of course is juftifiable.
I have been careful to Amplify this diftin&ion,
because it will explain a clause in the 25th of our
third Edward, which hath been either grofly mis
understood or wickedly perverted by the King's
Judges. The clause I allude to is that, by which
“ to levy war against our Lord the King within
“ his realm" is declared to be high treason. And
doubtless it is; not because it is one of the spe
cial prerogatives of the crown to make or de
nounce war, but because the King, if taken pri
soner by a fubjett, in a war levied by a fubje&,
would certainly meet with no quarter; and where
the “falva persona Regis" is not observed, there it
would be high treafon,and constitutionally fo,which
is an irrefragable, indiftru^able proof of the ge
nuineness and.bottomnefs clmy definition of high
treason. But treasonable levying of war by no
means concludes that species of resistance against
the Kingly authority, in which the Americans are
at this moment actually embarked; for that re
finance amounts to nothing more than “ a dis-
Gord," very properly so called; forthe King him
felf may, whenever he pleases, restore it to har
mony, by relaxing the over strained, jarring chord
of government. If, on the contrary, he attempts
to strain it one note higher, the chord itfelf, in
this over tension, may burst alunder: But even
then the conferences would not be fatal to him,
for ihopld they chance to take him prisoner, he
would not only be entitled to his " falva persona,
/ would be unconstitutional in them to put
him to death. ' r --
That levying of war, properly so called, does
net extend to constitutional resistance, allo plainly
. appeals from a Proclamation in Parliament, issued
by Ibis Edward the third, in whose reign this lame
ate of high treason was ordained. For this
oled King, (as Sir Edward Coke, in his expo
ikion of this statute, g? avely calls him) having de
ihroned and imprisoned his own father; openly
:proclaims in Parliament, " That no perlon, great
“ or small, who pursued and took iris father in
“ custody, and who still remains in custody, shall
“ be any ways hindered, molested, or grieved, for
“ or by reason of such pursuit and imprisonment
“ of his said father." A similar Proclamation was
also made, word for word, in Parliament, by our
fourth Henry, who while he was only a fubjeft,
had pursued and taken-into fafe custody, Richard
the Second ; so that these Proclamations being
conformant to the true fpfrit of the Running
mede treaty were matters of course, and the
Proclamations above-mentioned only revived and
enforced that clause of the treaty, but enabled
no new * law, which no proclamation can do.
Thus, Sir, I have clearly proved, that the.
prefect resistance of the Americans is imperative
ly enjoined by our great charter of Liberties;
that it is supported and corroborated by statutes
and proclamations, all penned in the true spirit
of our Great Charter; and that it does by no
means come within the description of levying war
against the King, nor in any manner within the
purview of the 25th of Edward the Third; and
that consequently the resistance of the Americans
cannot justly or conftitutionall, be enabled by the
prefect or any future parliament to be high trea
son. BRECKNOCK.
* This parliamentary declaration divides treason
into two diJiina branches, namely high and petit
treason ; but it^s to be observed, the Lords and
Commons most carefully ard fkilfully avoided to
give their accord to that branch of it which respects
high treason, and only gave their simple accord to
that branch of it which frecifies the offences of petit
treason, so that this,ftatute is of force only so far
as it declares what offences are petit treason, and
abates (as the Lawyers phrase it) as to that part of
it which declarati ve!} fpecifies what particular
crimes are high treason, and consequently leaves
that heinous crime upon its proper constitutional
balis; and to what particular crimes high treason is
reftri&ed by the cotylitut on, I have fu fficiently ex
plained and afeertained in my two definitions of it
before mentioned.
X4** * +** #-++#-*s±+§§ gX
SOUTH -CAROLINA, June 6.
ASSOCIAT lON, unanimous, agreed to
in tie Provincial Congress of South-Carolina, on
Saturday the 3d day of June, 1775.
H E a&ual' commencement of boftilities
I against this Continent by che British troops,
in the bloody feene on the 19th of April last, near
Boston, —the increase of arbitrary impositions from
a wicked and defpotick ministry, and the dread of
instigated infurredions in the Colonies, are causes
Sufficient to drive an oppressed people to the use of
arms: We, therefore, the fubferibers, inhabitants
of South-C arolina,holding ourselves bound by that
most sacred of all obligations, the duty of good
citizens towards an injured country, and thorough
ly convinced, that under our present distressed
circumfta-nces we Shall be fortified before God and
Man, io resisting force by force; DO UNITE
ourselves under every tie of religion and honour,
and associate as a band in her defence against every
foe :—Hereby solemnly engaging that, whenever
our Continental or Provincial Councils shall de
cree it necessary, we will go forth, and be ready
to Sacrifice our lives and fortunes to secure her
freedom and fafety. This obligation to continue
in full force until a reconciliation Shall take place
between Great-Britain and America, upon con
stitutional principles; an event which we most
ardently desire. And we will hold all thole per
sons inimicable to the Literties of the Colonies,
who shall refufe to fubferibe this Affociarion.
Subferibed by every Member present on the 4^ day
of June, 1775.
Certified by
HENRY LAURENS, President.
June 13. One regiment of horse and two of
foot, are immediately to be raised by order of the
Provincial Congress ; the militia will very Shortly
be on a most refpedable footing; and such is the
ardour for perfection in martial discipline, that
many gentlemen of the firft consequence in this
town, as well as the commonalty, regularly turn
out to drill both morning and evening; even the
boys form themselves into companies, and a.e real
ly expert in military manoeuvres.
N E W-Y O R K, June 29.
We hear that three men of war and 16 fail of
transports, with British troops on board, are now
lying at Sandy Hook; these are part of the troops
which at their embarkation were destined for
New-York. Since their arrival here, we are told
Gen. Gage has ordered them to Boston—But if
so, we know not why their departure is delayed.
Some suppose that Gen. Haldiman, who arrived
about a week ago, came here to take the com
mand of these troops. We are told they are
unwilling to go to Borton.
To His Excellency GEORGE WASHINGTON,
Generalissimo of all the Forces raised and to
be raised in the Confederated Colonies of America.
The ADDRESS of the provincial Congress
of the Colony of New-York. •
May it please your Excellency,
AT a time when the most loyal of his Ma
jesty's fubje&s from a regard to the laws
and constitution by which he fits on the throne,
feel themselves reduced to the unhappy necessity
of taking up arms to defend their dearest rights
and privileges. While we deplore the calamities
of this divided empire, we rejoice in the appoint
ment of a Gentleman, from whose abilities and
virtue we are ta'ught to exped both security and
peace.
Confiding in you, Sir, and in the worthy Ge
nerals immediately under your command, we have
the most flattering hopes ofYuccefs in the glorious
firug^e f° r American Liberty, and the fuller
ahurances, that whenever this important contest
shall be decided by the fondeft wish of each Ame
rican foul, an accommodation with our mother
country, you will cheerfully resign the important
deposit committed into your hands, and reaffume
the character of our worthy citizen.
By Order.
B. V. B. LIVINGSTON, President.
June 26, 1775.
His Excellency's A NSWE R.
Gent lemen,
AT the fame time that with you, I deplore the
unhappy necessity of such an appointment as
that with which I am new honoured, I cannot but
feel sentiments of the highest gratitude for this af
fe&ing instance of diftitiction and regard.
May your warmest wishes be realized in the
success of America at this important and intereft
'ng period; and be assured, that every exertion
of my wo r thy Colleagues and myfelf, will be
equally extended to the re-eftablifliment of peace
and harmony between the mother country and these
Colonies.
As to the fatal, but necessary operations of war„
When we assumed the Soldier, we
did not lay aside the Citizen, and we shall most
sincerely rejoice with you, in that happy , hour
when the establishment of American Liberty, or
the most firm and solid foundations, shall enable
us to return to our private stations, in the bofpm
of a free, peaceful, and happy country.
G. WASHINGTON,
June 26, [775.
N E W-J ERS E Y
Extract of a printed half jheet of the proceedings of
the Hon. the Provincial Congress of the Colony of
New-Jersey, dated at Trenton, the third of June
infant.
That the cruel and arbitrary measures of the
British Parliament and Ministry, to enslave the
American Colonies, having made it necessary to
arm and discipline the inhabitants, in defence of
their rights and freedom, and that persons in
whom they can confide, should be chosen to
command in the militia.—lt is recommended and
advised, that one or more companies, consisting
of eighty men, (aged from sixteen to fifty) each,
be formed in each township cr corporation.—
That each of these companies, meet and chufe
from among themselves, one Captain, two Lieu
tenants, and one Enfigo; which officers, of each
company shall chufe their Serjeants, Corporals
and Drummers.—That each Captain provide %
muftcr-roll, which every one at inlifting is to
fubferibe, and according as the proper officers
shall direct, meet, for improvement in military
discipline, the whole companies, at leaf! once a
month, and at a general muster or review of the
whole regiment, as often as the field officers shall
appoint. Each person inlifted, to be equipped
as Food as possible, with arms ammunition, &c.
Companies already formed, to be continued
and compjeated.
That in the present dangerous Rate of public
affairs, as the usual resources of government ap
pear to be infufficient, a fund extraordinary be
provided for the use of the Province, of £.10,000
proclamation money, to be immediately railed,
of which, the proportions of the several counties
are to be as follows, viz.
Bergen, f. 664 8 0 For railing this
Essex, 742 18 0 money persons
Middlesex, 872 6 8 to be appointed
Somerset, 904 2 0 by the Commit-
Monmouth, 1069 2 8 tees in each
Morris, 723 8 0 town; all certain-
SuTex, 593 5 4 ties, to be rated
Hunterdon, 1363 16 8 one-fifth Jess than
Burlington, 1071 13 4 by the Ad of As-
Gloucester, 763 2 6 fembly fir set-
Salem, 679 12 0 tling the ct -
Cumberland, 385 6 8 tas of taxes for
Cape May 166 18 0 each county; and
r lands, and other
£. 10,000 0 0 articles, to be as
that aft directs.
The persons appointed for this service, to meet
together on the firft Monday in July next, at the
places appointed by law, for the meeting of Asses
sors, where the rates for the quotas of each coun
ty, are to be fettled and adjusted, and delivered
at or before the firft of August next, to be col
le&ed by, and paid to the persons appointed by
Committees of the towns or counties, uho are to
pay the money to the county Committees, to be
by them disposed of, according to their difereti
on, to answer the public exigencies.
The minutes, as true copies, were saned,
WILLIAM PATERSON, Sedrj.
PHILADELPHIA, July 3.
The Committee for the City and Liberties
of Philadelphia will meet this afternoon, at Six
o'clock, at the Philosophical Society's Hall.
In C OM MITT E E, June 26, 1775.
A QUANTITY of salt, and a box of
wine glasses, having been imported in the
fliip Albion, Thomas Crippen, matter, from Li
verpool, it was resolved, that the said fliip anj
cargo ought to be returned forthwith, and that
the Captain have notice thereof immediately.
Ordered, That the diftrift Committee lee the
above refutation complied with.
On motion, Resolved, That Mr. Joseph Whit
tall, one of the owners of the fliip Albion, does
not appear to have had any knowledge of, or con
cern in (hipping the salt &c. in said vefTel.
Refolded, That Mr. Henry Cour, merchant, of
Liverpool, in Great-Britain, half owner cf the
fliip Albion, has knowingly violated the Associa
tion of the American Congress, by Flipping the
salt to America; and that it is the du<y of this
Committee, to adrertife him accordingly.
Resolved, That Nicholas Afliton, Esq; of, or
near Liverpool, in the county of Lancaster, in
Great-Britain, owner of the above mentioned
salt, has wilfully violated the Aflociation of the
American Congress, by (hipping the laid salt to
America ; and that it is the duty of this Commit
tee to advertise his conduct herein.