The Pennsylvania evening post — Philadelphia, Pa., 1776-09-28 00:00:00, page 1

The PENNSYLVANIA EVENING PO^T.
For the PENNSYLVANIA EVENING POST.
How EVER censurable a man may become, by
differing in opinion with feme part of the commu
nity, it ought not to lessen his right and his duty
to communicate his sentiments, whenever he appre
hends the happiness and fafety of the people to be in
danger..
The right of publishing my sentiments, I claim cn the ge
neral principles of liberty and felf prefeivation— The Con
vention for the state of Pennsylvania have preserved this right
deferable, by inserting of it in the Declaration of Rights, and
intending to admit it in their propoled frame of government,
to wit, “that the printing presses shall be free to every person
who undertakes to examine the proceedings of the legislature,
or any part of the government," &c. therefore I am induced
to examine intone part of the proceedings of the Conven
tion, and hope no evil tendency to the public will arise from
the examination.„ A A
Public affairs being brought, by the American contest with
Great-Britain, to a crisis, it was thought conducive to the
people's security, that a change in the powers of government
Should be made, without the interference of any other autho
rity than the voice of the people.—A number of people were
accordingly chosen, out of the several counties, to meetin Pro
vincial Conference, in order to confider, what measures might
be judged best to be taken on the alarming occasion—On
consultation, among other things, the Provincial Conference
resolved, N. C. D. “ that it is necessary a Provincial Con
vention be called by this Conference, for the express pur,of of
fornix a ne^ government in the province"—A Convention
was therefore chosen and met, and although above one hun
dred days (at above 3000 pounds expence in wages) have ex
pired since their firft meeting, a frame of government hath
not yet been concluded upon ; but in the mean time, Several
ordinances have been passed by them, touching the liberty,
property, and happiness of the people in their essential
points—from the spirit and tenor of the powers given by the
Provincial Conference, as well as by the resolves of the several
county Committees, it appears the Convention were only cho
sen to form a plan of government, net to legifate, or execute any
laws or ordinances whatsoever.
This being premised, I shall beg leave to point cut the or
dinance passed Sept. 12th, wherein it is enafted, “ that any
person speaking, &c. against the measures carrying on by the
United States of America, on complaint and proof made on
oath before any justice or justices, such perlon so offending
shall be committed to the common jail, for such term as they
shall deem proper, not exceeding the duration of the prelent
war with Great-Britain," &c.„ .
By virtue whereof, it is in the power ot any two justices
nominated by the Convention, on the evidence of a Jingle
witness, without the leaff Jemblance of trial by a jury, to
abridge a freeman of his liberty, by committing of him to
the common jail, perhaps forever. An appeal is indeed per
mitted to be made to the Council of Safety, who may annul
or confirm the sentence of the justices aforeff. But who are
Vol. lI.J
Price Three Coffirs. Published every Tuesday, Tburfday, and Saturday Evenings.
SATURDAY, SEPTEMBER 28, 1776.
483
the Council of Safety? They are nominated by the Conven
tion, without order or authority, no code of laws to govern
their proceeding, but left, like the Justices, to do as to them
seem meet, “ The supposed offender being in close confine
ment, the writ of Habeas Corpus, the raoll celebrated writ in
the law, is hereby rendered void, so that he has no other ia
tisfadtion under the Ordinance before recited, than to rest
there in durance," till chance of war, or any other adven
titiory circumft&nce, may deliver him; that great oracle of
the law, Judge Blackfone, asserts, that “ the personal liberty
of the fu bjed is a natural inherent right, which cannot be
surrendered, or ought to be abridged in any case, without the
special permission of law." The Honorable Congress or the
United States considered the form of trial byjury, and the
benefits of a Habeas Corpus writ, to be of such importance,
to the preservation of the liberty of the fubjedl, that in their
Declaration of Independance, they advance the breach of
them as solemn testimonials of the tyranny and usurpation
of George 111. Our wife ancestors fought, bled and con
quered, in support of these grand bulwarks of liberty, and
handed them down, notwithstanding the violence of conquest,
or the ferocity of the times; but why their posterity should
esteem them of less moment in this day, can only be accounted
for by those whose views and interests may be obtained by de
stroying of them.
Another Ordinance, puffed in Convention in the fame
month, I shall next confider —By authority of this Ordinance
a tax and fines are imposed on the elates and personal service
of the freemen of the province, who are above the age of fifty
years, or do not either from confcientiods principles, or other
solemn obligations, enter into a military state of defence •
the effects of which must, it carried into execution, be dehruc
tive to common justice, common honesty, and the rights of
mankind in general —the Convention have, in their Declara
tion, declared, that “ no part of a man's property can bejuftly
taken from him without his own consent, or that of his legal
reprefentatives"—and their intended frame of government ex
pressly declares, “ that no tax or contribution shall be raised
or /aid by any of the people of this state, except by a la w
made for that purpose," and farther, “ that it shall appear
clearly to the legislature to be of more service to the commu
nity than the money would be, if not collected. —-1 he wildest
enthusiast for popular government will not be bold enough
to prove, that the Convention is a legifative body, or that
the money, when raised by virtue of the above intended Ordi
nance, will be better in coffers than circulating among its pro
per owners—there is not, and I hope will not be, any occahon
for the use of the money specified m the Ordinance, "as from.
experience it has been found better to raise men into a ^ll dtf
ciplined state of defence, to remain so during the present un
happy war, than by leading the inhabitants out of the pro
vince in a militia situation ; though I admitthat a militia, act
ing within its refpedive province, to be a good security.—l
(hall not at this time enter into the propriety or othenvays, of
what mav be most advantageous on this head; but, from the
tenor of the above recited Ordinance, I shall beg leave to ob-
[Num. 264.