Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-10-22 00:00:00, page 2

N E W-J E RSE Y.
An ACT to punifl) Traitors and difaffeßed persons.
WHEREAS in the present time of danger the
fafety of the people more especially requires, that
all persons, who are so wicked as to devi e the deftrudion
of good government, or to aid or assist the enemies of the
State, shall fuffer condign pun fhment. And Whereas
all perlLny, abiding within this State, and deriving pro
teaion from tire laws thereof, do owe allegiance to the
government of this State, eftablifcd under the authority
of the people, and are to be deemed a? members thereof :
And all persons puffing through, visiting or making a
temporary stay in this State, being entitled to the pro
tection of the law during such paflage, visitation or tem
porary stay, do owe, during the fame time, allegiance to
this government.
1. Beit enabled by the Council and General Aflembly
of this State, and it is hereby enabled by the authority of
the fame, That every perlon who is a member of, or
owes allegiance to this government, as before described,
and who, from and after the publication hereof, shall
levy war^gainft this State, within the fame, or be adhe
rent to the King of Great-Britain, or others the enemies
of this State within the fame, or to the enemies of the
United States of North-America, giving to him or them
aid or comfort, or by giving to him or them advice or
intelligence either by letters, messages, words, signs or
token/, or in any way whatsoever, or by procuring for,
or furnifhing to him or them any kind of provisions or
warlike stores, and thereof shall be provably attainted cf
open deed by people of his or her condition, shall be ad
judged guilty of high treason, and be punilhed accord
ingly, saving the corruption of blood.
z. And be it enabled by the authority aforefaid, That
if any person who is a member of this State, or owes al
legiance to this government, as before described, shall
from and after the publication hereof, by any speech,
writing, open deed, or aft, advisedly and wittingly main
tain and defend the authority, jurifdidion or power of
the King or Parliament of Great- Britain, heretofore
claimed or used within this State, or shall attribute ary
such authority, jurisdiction or power to the King or Par
liament of G eat-B.itain, the person so offending, being
duly convicted thereof, shall be punished by fine and
imprisonment at the discretion of the Court, so that the
fine exceed not three hundred pounds, nor the imprison
ment the term of one year. And if any such offender,
after such convi&ion as aforefaid, shall commit the said
offerees or any of them, in manner and form aforefaid,
and be thereof duly convifted, he or she shall he set in
the pillory and imprisoned for any term not exceeding
one year.
3. And be it enacted by the authority aforefaid, That
any person who shall maliciously and advisedly rev la or
speak contemptuously of the government of this State,
or of the Honorable Congress of the United States of
America, or of the measures adopted by the said Con
gress, or by the legiflaure of this State, or who shall
maliciously and advisedly fay or do any thing whatever,
which will encourage difaffeftion, or manifeftly tend to
raise tumults, and disorders in the State, or who shall
maliciously and advisedly spread such falfe rumours con
cerning the American forces, or the forces of the enemy,
as will tend to alienate the affections of the people from
the government, or to terrify or difeourage the good
fubjeds of this State, or to dispose them to favour the
pretentions of the enemy ; every person so offending
shall be punished with fine and imprisonment in manner
aforefaid.
4. And be it enacted by the authority aforefaid, That
any two justices of the Peace fhdl and they hereby are
empowered and directed to convene by fummont or war
rant any person whatsoever whom they shall fufpeft to be
dangerous or difaffe&ed to the present government, and
to teider and admiaifter to him the oaths of abjuration
and allegiance, set forth in an ad, entitled, " An Aft for
" the security 0! the government of New-Jerßy," passed
the nineteenth of September 1776. And if any person
to whom the laid oath sh di be tendered, shall negled or
refufe to take the fame, the hid Justices shall bird him
over with 1 fficient fureris to appear at the next Court
of General Quarter :cffi>ns 0: the Peace, and to be in
the mean while of good behaviour, and in default of uf
fic^nt sureties, or on refufri to be bound, the said Juf
tre are hereby empowered and directed to commit such
offender to close goal, and certify the fame, with the cause
or c mmitment, under .heir hands and fah, to the next
Court f&nra ! Quarter beffians of the Peace, where if
fuck offender efuf to take the said oaths, he shall con
time bound to hs good behaviour, or be fined, or im
prisoned, as the aid Court fnall deem necessary.
Faffed October e,th. 1776
PHILADELPHIA.
At a MEETING held attbe Philosophical Socie
ty Hall, on Tburfaa, evening, OCtober 17, -776.
Colonel BAY ARD unantmoujly chosen Chairman.
On motion, unanimously refolded, That every person
present will make and fubferibe the following declaration:
" J Declare upon tn, honour, that my fob intention in
giving opposition to the Constitution formed by the
late Convention, is to procure a free and good govern
ment, to be established in Pennsylvania, on the Authority
of the People only, and that I mill not direßlj or indi
redly do any a& or thing prejudicial to the Independance
of this State, or of the United States of America, but
will support the fame."
N. B. As these proceedings were had by refpeftable
inhabitants of this city and liberties, their names sub
scribed to this declaration, are left at the London Coffee-
Hor.fe for the infpe&ion of any who choose to fee them.
The following Resolutions were then unanimouJly a
greed to.
Refolded I. CTHA T the late Convention was called
& for the express purpose of forming a
new government in this State, on the authority of the
people only, with power also to appoint Delegates in
Congress, and a Council of Safety. •
z. That the said Convention assumed and exercised
powers with which they were not entrusted by the people.
3. That in the Constitution formed by the said Con
vention, the Christian religion is not treated with
proper i^fped.
§, The said Constitution differs from others lately formed,
in these particulars: if. It efablifoes only a tingle legisla
tive body. idly. It renders the judicial dependant on that
finale legislative body, who may remove any judge from his
office, without trial, for any thing they please to call " mif
behaviour." ydly. It renders the executive dependant on
that single legislative body ; by whom alone the executive
officers are to be paid for theirfervices, —and by whom, from
the great disproportion between the numbers of the assembly
and Council, the PreJident and Tice-Prefdent mufl always
be annually cbofen, —beJides, that ever, officer, executive
or judicial may be impeached by the Affmoly, before fix of
the Council thus dependant on the Aflembly, and be tried
and condemned. Qbly. It erehls ^Court of Appeals,
more necessary here than in some other States, as our Su
preme Court may try causes in the firfl infiance, and finally
determine them, so that there is no mode fettled for correct
ing their errors.
The said Constitution differs from the sentiments of the Ho
norable Congress, in rendering every Judge in the State en
tirely dependant on the single legislative body.—For in the
jirft petition to the King of Great-Britain. the Congress in
enumerating “ grievances," fay, " The Judges of Courts
of Common Law have been made entirely dependant on one
part of the legislature for their salaries as well as the dura
tion oj their commissions." Again, the said Confiitution dif
fers from the sentiments of the Honorable Congress. in not
having “ separated a^diftributed powers into different
bands for checks, one upon another ;" for in their
address to the inhabitants of Canada, mentioning government
and the detefable frame eflablijbedfor that province by a late
fatute, they fay, " The several powers being separated and
diftr,buted into different bands for checks, one upon
another, is the only effectual mode ever invented by
the wit of men, to promote their Freedom and Prospe
rity ." But here is no " distribution of power into diffe
rent bands, that " one may check another." On the con
t r a r J> 'be executive amt judicial powers are made unduely
dependant on a fing,e lerflative body, the Assembly , So that
in truth the leg flitivc, executive and judicial powers may
be Jaid to be united in one body, the Assembly, thd there is
afembtance, ox a flight view, of their being separated In
deed, the refembfonce between the said constitution and the
arttul, but deftrußive one eftabli/bed by the flatute before
mentioned, is so great, that the allowing words oj tbe Con
grefs suit tbe one as well as tbe other, on, changing the
word " minister" for the wo>d " Affem H'— Here is
indeed, an appearance of tbefeveral powers being epar^d.
I^c "as before ' But examine the ftcitus devices and
you will find it, to use an expression of holy w : rt, "a
whited ftpulcbe." frlegflitive ex cut v< unjudi
cial powers are al! moves by tbe nods 0, # a minister."
If an, realonable man could possibly enter ain a doubt, con
cerning tbe meaning of the Con^rejs, in tying tbe words be
fore quoted, that meaning will be clearly explained by tbe
several Conftrutions lately formed on this Continent with the
advice and affifance of those very gentlemen in their respec
tive States, who as members of Congress used the before
quoted words, and muff have known their own meaning.
How widely tbe said Constitution differs from tbe senti
ments of tbe mos difinguijhed writers on tbe subject of Go
vernment, will appear by tbe following quotations from two
authors of so high a reputation among civilized nations, that
it is needless to add any others.
Tbe Baron de Montesquieu, " wbofe name" (tbe Con
gress declare) all Europe reveres, fays —The political li
berr, of the subject, is a tranquility of mind, arising from
the opinion each person has of his fdety. In order to have
this liberty, it is requiJite tbe government be so confituted,
as one man need not be afraid of another. When tbe legifla-'
tive and executive powers are united in tbe fame person,
or in the fcm: body oj Magistrates, there can be no'
Libert y; because apprehenfons may arise, leaf tbe fame
Monarch or Su^t^aWenaft tyrannical laws, to execute
them in a tyrannical manner. Again, there is no Li
berty, if tbe power of judging be not fepar, ted from the
legislative and executive powers." There would be
an end of every thing, were tbe fame men or tbe
Lms body, whether oj the Nobles, or 1 tue people, to
exercise those three powers, that of ending laws, that of
executing the public resolutions, and that 0/ judging tbe
crimes or differences of individuals." The learned Baron
then proceeds with a long and much admired chapter on tbe
English constitution, wherein be greatly commends its dif
tribmion of ledilative power into federal branches, & c .
which cannot be inserted in the cempafs of these notes.
M r . Addison, tbefrenuous and undaunted advocate for
virtue, piety, liberty and juf government, even in a cor
rupt age, (and tbo' conversant in courts) fays—" Ij there
be but one body of legislators it is no better than a Ty
ranny ; if there are only twc, there will want a casing
voice, and one oj them mus at length be fwalloweu up by
disputes and contention, that would nereforily arise be
tween them. Four would have tbe fame inconveniences as
two, and a greater numberwofd cause too much confufon."
t iff. Not efabljbing a Court of Appeals.— idly. Not
ajeertaining tbe number of Judges in tbe Common Fleas
and Orphans Courts,—whether tbe fame pedons are to be
fudges in both Courts and in the sessions, as ufuai heretofore,
—or whether tbe powers are to be feparated,—if to be se
parated, who is to do it, as the power of a future legisla
ture is by tbe %6tb feflion of the frame expressly confined 10
" other" courts— if not to be separated, whether any
ether Judges are to be added to the Justices of the Peace
4. That the said Constitution unnecefarily deviates
from all resemblance to the former gov rnment of this
State, to which the people have been aceuftomed.
5. That it is the sense of this meeting, that the people
did not desire such frange innovations, but only that the
kingly, parliamentary, and proprietary powers should
be totally abolished, and such alterations made as would
thereby be rendered necessary, io that a well formed Go
vernment might be established solely on the authority of
the people.
6. That the said Conftituticn differs not only unneces
sarily from that to which the people have been accustom
ed, But in many important articles from every Govern
merit that has lately been eltabriihed in America on the
authority of the people—from the sentiments of the Ho
nourable the Continental Congrth r fpe&ing govern
ment—and from those of thdmoft distinguished authqh,
who havo deliberately considered that fubj^t.§ "'
7. That several regulations essential to the welfare of
the community are omitted in the said constitution f
S. That several regulations improper to be taken no
tice of therein, are mentioned in the said Conftitution.*
9. That the said Constitution is confuted, inconsistent,
and dangcrou 4
10. The the laid Constitution sught to be altered and
amended.
it. That no mode is fettled by the said Constitution
for altering or amending the fame, but that of a Conven
tion to meet more than fevenyears hence, if a Council of
Cenlors shall be chosen in the year 1783, and if tw©
thirds of that Council shall agree to call inch a Conven
tion to meet within two years afterwards.
iz. That the late Convention on the fifth day cf
September last in the afternoon, as appears from the min
utes of their proceedings, oideredfar hundred copies cf
Qe proposed plan of Government to be printed and
putaud" for consideration;" and on the fx
tfytb day of tilt fame month, proceeded un the confirm
at on thereof, making only immaterial alterations.
^3. That therefore the late Convention did not allow
time to the people of this State to take into their consi
deration the proposed fame of Government.
14, That the late Convention did not know, that the
said frame of Government would be agreeable to the
people.
15. That therefore the conduct of the late Convention,
in establishing the Constitution aforefaid abfa/ate, for
more than fevenyears, and not fettling some mode for
making alterations and amendments within that period,
ifthey should be judged expedient, without overturning
the government, was a high violation of the Rights of
the Freemen of this State.
16 That the conduct of the late Convention, in pre
scribing oaths and affirmations, to be taken for the fop
port of a Constitution unprecedented on this continent,
not to be altered or amended for more than seven years,
however exceptionable or dangerous it might prove, and
which the people have had no experience of, nor have
been allowed time to take into their consideration, was
a high violation of the rights of the Freemen of this
State.
17. That it is the sense of this Meeting, that the peo
ple are generally and greatly diffatisied with the said
Constitution.
Is. That it is the sense of this Meeting, that the late
increase of the number and insolence of tories and per
sons diaffe&ed to the Independance of thia State, and
the feebleness of its public measures, are greatly owing
to that general diffatisfaftion.
1,. That more dangerous consequences may be ex
pected, unless the unhappy causes of such diflatisfa&ioa
can be removed, by procuring proper alterations and
amendments to be made in the said Constitution.
20. That such alterations and amendments are im
mediately and absolutely necessary for promoting the
happiness of Pennsylvania and advancing the welfare off
our great American caule, and cannot with fafety to th#
public be defer:ed.
21. That for the attainment of these salutary purpofet
the freemen of the several counties, in this Rate be in
stantly and most cordially invited to accede to the fore
going resolutions, and to agree to and concur in exe
curing the following.
22. That at the election to be held on the fifth day of
November next, the electors ought not to take the oath
or affirmation required by the ordinance of the late
Convention, dated on the twenty fxtb day of September
last.
23. That every eledor if required to do fc by an infpeao,
ought to take the following oath or affirmation, viz.
" I will be true and faithful to the Common-Wealth of
Pennsylvania, and will not directly or indirectly do any
aft or thing prejudicial or injurious to the independence
thereof, or of a government therein, that shall be efta
bliihed cn the authority of the people only."
24. That the infpe&ors and judges of the said election
ought not to t^ke the oath or affirmation recited in the
ordinance aforefaid,
25. That every infpeftor and judge befidea the oath or
affirmation prescribed by an aft of Assembly of the late
government of Pennsylvania made in the year of our
Lord 1766, and entitled " an Aft directing the choice
of Infpe&ors, and for holding the general selections in
this province," ought to take the oath cr affirmation
mentioned in the twenty-third of these resolutions, to be
taken by electors.
26. That th# members of Assembly to be chosen at tbe
said election, ought not to tak^ the oath or affirmation
cr to make or fubferibe the declaration mentioned in
the tenth ft dien of the frame of government formed br
the late Convention.
27. That when two thirds of the members elected
have met and cbofen their speaker, befcre they proceed
to business, each member ought to make and fubferibe
the following declaration. " I (mentioning his name)
profefs faith in GOD the father, and in JESUS CHRIST
bis eternal son, and in the HOLY SPIRIT, one GOD
bbffd f rever more: And I do acknowledge the Holy
Scriptures of the Old and New-Tefaments to be
given by Divine Inspiration,"— to take and fubferibe the
oath or affirmation mentioned in the twenty third of
these resolutions to be taken by electors : and to take
this oath or affirmation, " I, as a member of this Affem-
cbofen by tbe people—and by whom to be added.—gdly. Not
determining what qualifications as to property, fall enable
a man to be cbofen a member of Assembly, and thereby be
come one of tbe sovereigns of Penr.fylvaria.—4/b/,. Not
providing what laws fall be in force within this State,
&C. &C. &C. &C.
* Relating to—isl. Insolvent Debtors—zdj. Fifing#
fowling and bunting —ylly. Intails, &c. C^c. ^c,
The late Convention ordered; that " tbe future Irffature
of this State shall regulate intails in such a manner as to pre
vent perpetuities," when it is notorious, that " Int.ails were
regulated in such a manner as to prevent perpetuities, " long
before tbe meeting of the late Convention.
|| See tbe note with this , mark. In one part, a trial
by jury is eflablfedin all cases without exception, , n aa o .
ther part persons may be tried and condemned b, fx of the
Council—The Council of Censors may tags public censures
without any trial, which 'centres mL be worse "than
dead) —The Council of Censors and tbe Cmventiun to be
called by them are to be vefed with powers, that will qc
cafan c^vufons in tbe State, ^c, ^c. ^c. y,.