The Pennsylvania evening post — Philadelphia, Pa., 1776-11-09 00:00:00, page 1

REMARKS on the Resolves against the Plan
of Government. [Continued from page 554.]
'' Constitution, it is said, differs from others
A lately formed." This is true. But they all dis-
J fer from one another. To make this variety a
ground of complaint would be attacking all the
new plans we have seen.
But it differs in this, that it eftablilhes a single legislative
body. This is said to be against the Sentiments of Congress,
and to make this out, sundry publications of Congrels are
quoted to Shew, that Judges ought to be independant. And
who doubts it? The Convention certainly confefs it, and
provide for the Same, in directing the Judges of the Supreme
Courts to be commissioned for Seven years, and to have fixed
salaries to .make them independant of every body. The
Judges in these colonies and in Canada, mentioned by Con
gress, were, as they fay, dependant for their salaries as well
as the duration of their commissions on a Minister. But are
our Judges dependant on Assembly, when they are to be Se
cured for seven years in both commission and salary. That
they are not liable to be removed for any thing the Assembly
may call misbehaviour without trial, and trial by jury too, has
been Shewn under the head of trial before Council. Besides all
this, these Judges, being incapable of holding any other office,
cannot be influenced by means of farther expectations. And
no Assemblyman is to hold an office, except in the militia,
nor is any.pedon to fit in Assembly more than four years in
seven ; .regulations very favorable to the independancy of
these Judges.
II trult that honorable salaries will be fettled on this office,
and then 1 venture to fay with all these checks (and yet it is
said there are no checks) that the Springs of justice mull flow
undisturbed and pure in Pennsylvania. Rewards to ministe
rial officers, such as Prothonotaries, Sheriffs, &c. may be mea
sured out with economy, but to the Supreme Court generous
and liberal appointments fhculd be lecured. This will feat
men of ability and integrity on the bench, and produce equal
law and justice.
Thus it is plain that, compatible with the plan of a single
legislature, the judicial power may be independant, and that
the Congrels and our Convention harmonize on this fubjed.
As to the executive, the dependance complained of is mostly
imaginary, and where it is real, it is but a continuance of our
former practice, which so many esteem and admire, and which
these gentlemen profefs highly to refped. The Council are
a body unalterable by the Assembly, and not changeable.at
once, even by their electors.
They have the command of the militia, the nomination of
the Judges, Naval Officers, Judge of the Admiralty, Attor
ney General, Prothonotary, and other civil officers, and out
of a double choice, of Sheriffs and Coroners as heretofore,
and Justices of the Peace heieafter, the Council are to feleft
one half. The appointment of Registers of Wills and of
Deeds is indeed relerved to the Assembly. Militia officers
to the people. Of the officers so placed by the Council,
the Judges of the Supreme Court will have fixed salaries,
The PENNSYLVANIA EVENING POST.
Vol. lI.J
Price Threepence. Published every TueJ'day, Tburfdaj, and Saturday Evenings.
SATURDAY, NOVEMBER 9, 1776.
561
and the rest are supported by fees, except it may be the At- :
torney General in part. They judge of their mifbehavicr
too. The wages of the Council, salaries of the Attorney
General, and some others, may indeed depend on the Assem
bly, but has any damage arisen from this dependancy hereto
fore, of officers for their salaries, on the representatives of
the people.
How far the Congress interfered in ad'tifing Forms of Go
vernment to any of theflates that needed them, does not ap
pear; it is mod probable their prudence would greatly re
train them in this particular. Their public advice was to
found governments on the authority of the people only.
Were the Council a Legislative Council, the purse firings
must be held by the Assembly. The excellent Mr. Addison,
in the words quoted from him, was evidently exalting the
English plan of King, Lords and Commons, in the ideas of
a people possessed of different ranks Suitable thereto, and
actually under such a form; but where are our Nobles ? Or
who dreams of a King of Pehn fylvania ? He fays indeed
that " in case of a legislature of two bodies, one of them
" must be at length swallowed up by the disputes and con
" tentions that would necessarily arise between them."
This is no good authority surely for a Legislative Council.
And Monsieur Montesquieu, if here, would allow that the ju
dicial power stated as above, and connected with a jury, is
fufficiently separated; and that, in the total absence of all
nobles, the other powers are not ill distributed. In faying,
" there would be an end of every thing were the fame body
" of nobles or people to exercise the three powers, to ena&
" laws, execute the public resolutions, and judge in crimes
" and disputes between individuals," the great civilian,
had evidently in view the single legislatures which subsist in
the Italian, Swiss, and Low Dutch republics; as well the
popular as aristocratic, who, almost in all of them, take upon
them the executive, while embodied, and in their recess cart,
it on by a Council of State, of their own creation, just as
out Assembly last winter, on assuming executive power, ap
pointed some of their own Members, and others under the
name) of a Committee of Safety, to execute in their stead,
whilst they were separate.
[To be continued.j
FINE HYSON, GREEN, and BOHEA TEA, to be
fold by Joseph Westmore, at Mrs. Ford's in Walnut
ftreet, near Second-street.
YT7ANTED immediately, a CLERK who is well
qualified to keep a set of books. Inquire of the
printer.
CAME to the stables of the fubferiber, living at the Co
nestoga Waggon in Market-street, on the 23d of Octo
ber last, a BLACK HORSE near fifteen hands high, and
about eight years old. The owner, proving his property and
paying charges, may Rave him again.
ISAAC GREENTREE.
[Num. 282.