The New York packet, and the American advertiser — New York [N.Y.], 1776-05-30 00:00:00, page 4

This treaty (hull be ratified by the high con
tracting parties, and the ratifications thereof
shall be 'exchanged as (oon as possible. In wit
ness whereof, we the undetfigned, ip virtue of
our full power-, have figged the present treaty,
and have thereunto pu the seal of opr arms.
Done at Hanau, the (th ot February, 1776.
(L. SA WILLIAM FAUCITT.
(L. S.) FREDERIC E, de MALSBOURG.I
Constitution of South-Carolina.
(Continued from.\9. 21.) r
S. THAT the general assembly and legillative
council; may adjourn 'themfelves refpeCtively,
and the president and commander in chief shall
have no power to adjourn, prorogue, or jiffolve
them, but may. ,if necessary, call them 'before
the time to which they shall hand adjourned. 4
And where a bill has been rejected, it may, on'
a meeting, after an adjournment, for not less
than three days, of the general gilemblyand le
gillative council, be brought in again.
-9. Thatthe general assembly and the legiflative'
council shall each cboole their refpeftive Speak- -
ers, and their own officers, without controul.
to. '1 hat it any member of the general as
sembly or ot the legillative council, shall accept
any .P^tcc of emolument, or any commission,
(except in the militia) he shall vacate his feat,
and there shall thereupon be a new election, but
he shall not be,difqualified from serving, upon
being re-ele&ed. , , 4
11. That on tbe last Monday in October next,-
and the day following, and on the fame days of
every feeond year thereafter, members of the ge
neral dffembly shall be chosen, to meet on. the •
Sift Monday in December then next, and con
tinue tor two years, from the said last Monday
in Odwber. The general assembly to consist of
the fame number of members ^ this congress
docs, each parish and diftrid having the fame
repreientation as at present, viz.
The parishes of St. Philip and St. Michael,
Charles-Town, 30 members.
'1 he parish ot Christ-Church, 6 members.
I he parifhof Su John, in Berkley county,.
6 members.
1 he parish of St. Andrew, 6 members,
The parish ot St. George, Dorchester, 6 mem.
The parish of St. James's, Goose-Creek,
6 members.
Ihe parish of St. Thomas and St. Dennis,
6 members.
The parish of St. Paul, 6 members.
'I he parish of St. Bartholomew, 6 members.'
The parish ofSt. Helena, 6 members,.
The parish ot St. James, Santee,„6 members.
£ he parish of St. George, Winyaw, 6 memb;
The parish of Prince Frederick, 6 members.
The parish of St. John, in Colleton Countys
6 members.
The parish of Su Peter, 6 members.
The parish ot Prince William, 6 members.
The parish of St. Stephen, 6 members.
The didrift to the eastward of Wateree River,
10 members.
The diftrid of Ninety-Six, to members.
I he dilt ia of Saxe-Gotha, 6 members.
The diftrift between Broad.and Saludy Rivers,
three divisions, viz.
The lower didrid, 4 members; the Little
River dilhia, tour members; the upper or
Spartan diftrift, four members.
The diftrid between Broad and Catawba ri
vers, 10 mem ! ers.
, Thu diftrift called the New Acquisition,
to members.
The parish of St& Matthew, 6 members.
The parish ot St. David, 6 members.
The diftri& between Savannah-River and the
North Fork of Edifto, 6 members.
And the election of the said members foall be
conduced, as near as may be, agreeable to the
directions of the eledion-aft; and where there
are no churches or church wardens in a diftrift
or parish, the general assembly, at some conve
nient time before their expiration, shall appoint
places ot election, and persons to receive votes
and make returns^ The qualification of electors
shall be the fame as required by law ; but per
sons having property, which according to the
rate of the last preceding tax, is taxable at the
sums mentioned in the election aft, shall be en
titled to vote, though it was not actually taxed,
having ttye other qualifications mentioned in
that ad. Electors shall take an oath of qualifica
tion, if required, by the returning officer. The
qualification of the eleded, to be the fame as
mentioned in the election add, and couftrued to
mean clear of debt.
12. That if any parish or diftrid? neglects or
refufes to eleft members, or, if the members
chosen do not meet in general assembly, those
who do meet shall have the powers of the gene
ral affenbly. Not less than forty-nine mem
bers shall make a house, to do business, but the
speaker, or any seven members, may adjourn
from day to day.
13. That as soon as may be after the firft
meeting of the general assembly, the president
and commander in chief, a vice president of the
colony and privy coun :il, shall be chosen in
manner and for the time abovementioned; and
till such choice shall be made, the forme/ pre
sident and commander in chief, and vjce-prefi
dent of the colony, shall continue to ad as such.
14. That, in case of the death of the presi
dent and commander in chief, or his absence
from the colony, the vice-president of the colo
ny shall succeed to his office, and the privy
council shall choose out of their own body a
vice-president of the colony. And in case
of the death of the vice-president of the co
lony, or his absence from the colony, one of
the privy council to be chosen by themselves,
shall succeed to his office, until ^nomination to
those offices refpedively, by the general aflem
bly and legillative council for the remainder of
the time for which the officer so dying or being 1
absent, was appointed.
tg. That the delegates of this colony in the
continental Congress be chosen by the general
udembiy and legislative council jointly, by bal
lot, in the general aflembly.
16. That the vice-president ofthe colony and
the privy council, or the vice-president and a
majority ot the privy council, for the time be
ing, shall exercise the powers of a court ot chan
cery. And there shall be an ordinary, who
shall exercise the powers heretofore exercised
by that officer in this colony.
17. That the jurisdiction of the court of ad- 1
miralty be confined to maritime causes.
18. That all suits and process depending in
any courts of law or equity may, if either , party
be so inclined, be proceeded in and continued
to a final ending, without being obliged to com
mence de novo. And the judges ot the courts
of law shall caufejury lifts t'o be tirade, and juries
to beJummoned as near as may be according to
the directions ot the ads of general assembly in
iuch caf s provided.
19. 1 hat jullices of the peace shall be nomi
nated by the general assembly and commiftioned
by the president and commander in chief, dur
ing plealure. They shall not be entitled to fees
except op prosecutions for felony; and, not
lifting in the m/giftracy, they shall not be en
titled to the privileges allowed to them byJaw.
20. That all other judicial officers shall be
chosen by ballot jointly by the general aflcmbly
and legislative council, and except the judges
of the court of chancery, commillioned by the
president and commander in chief, during good
behaviour; but shall be removed on address of
the general assembly aril legillative council.
21. '1 hat the fhenffs, qualified as by law di
rected, shall be chosen in like manner, by the
general affembly' and legillative council, and
commillioned by the president and commander
in chief for two years only.
22. That commihioners of the treasury, the
secretary of the colony, the register of mefne
conveyances, attorney general and powder re
ceiver, be chosen by the general aillmbly and
legislative council jointly by ballot, and com
missioned by the president and commander in
chief, during good behaviour; but shall be re
moved on address of the general assembly and
legillative council.
23. That all field officers in the army, and all
captains in the army, shall be by the general as
sembly and legillative council chosen jointly by
ballot, and commiffibned by the president and
commander in chief, and that all other officers
in the army and navy shall be commillioned by
the president and commander in chief.
24. That in case of vacancy in any of the
offices above directed to be filled bv the general
assembly and legillative council, the president
and commander in chief, with the advice and
consent of the privy council, may appoint others
in their T?ad, until there shall be an election by
the general;affembly and legillative council to
fill those vacancies refpedlvelv.
2g. That the president and commander in
chief, with the advice and consent es the privy
council, may appoint during pleasure, until o
therwise directed by resolution of rhe general
assembly, and legislative council, all other neces
sary officers, except such as are by law directed
to be otherwise chosen.
26. That the president and commander in
chief shall have no power to make war or peace,
or enter into any final treaty, without the con
fentof the general assembly and legislative council.
27. That if any parish or diftrid shall negled
to eled a member or members on the day of e
ledion, or in case any person chosen a member
of the general assembly shall refufe to qualify
and take his feat as such, or die, or depart the
colony, the said general aflembly shall appoint
proper days for electing a member or members
of the said general assembly in such cases reflec
tively. And on the death of a member of the
legillative or privy council, another member
shall be chosen in his room, in manner above
mentioned, for the election of members of the
legillative and privy council reflectively.
28. That the resolutions of the Continental
Congress in force in this colony, shall continue
until altered or revoked by them.
29. That the resolutions of this, or any for
mer congress of this colony, and all laws now of
force here, (and not hereby altered) shall so con
tinue, until altered, or repealed by the legisla
ture of this colony, unless where they ate tem
porary, in which case they shall expiie at the
times refpedively limited for their duration.
30. That the executive authority be veiled
in the president and commander in chief, limit
ed and retrained as aforefaid. - \
, , 31. That the president and commander in
chief, vice-president % of the colony, and privy
council refpedively, shall have the fame person
al privileges as are allowed by ad of assembly
to the governor, lieut.governorand privy council.
32. That all persons now in office shall hold
their commissions until there shall be a new ap
pointment in manner above directed, at which
time all commissions not derived from authority
of the congress of this colony, shall cease and
be void.
33. That all persons, who shall be chosen and
appointed to any office, or to any place of trust,
before entering upon the execution of ©ffice,
shall take the following oath :
" I A. B. do fivear, that I will to the utmost
“ of my power fupporr, maintain, and defend
“ the constitution of South-Carolina, as efta
" blilhed by Congress, on the 26th day of
“ March, 1776, until an accommodation of the
“ differences between Great-Britain and Ame
“ rica shall take place, or I shall be released from
“ this oath by the legillative authority of the
." said colony. So help me God."
And all such persons (hall take an oath of of
fice. ,
34. That the following yearly Claries be al
lowed to the public officers undermentioned:
The president and commander in chief, nine
thousand pounds.
The chief judice and the assistant judges, the
f^laries reipedtiVelv, as by act of aflembly cfta
bl^ed.
The attorney-general two thousand and one
hundred pounds, in lieu ot all charges againtt
the public, for fees upon criminal prolecutions.
The ordinary one thouiand pounds.
The three commiifloners ot the treasury, two
thousand pounds each.
And all other public officers shall have the
fame falarj.es as arc allowed such officers relpec
tivey by act ot aflembly.
By order ot Congress,
Attefl. Peter Timothy, See.
Wm. Henry Drayton, President.
L O N D O N.
HOUSE of LORDS.
Die Martis, §° Martii 1//6.
THE order of the day was read for the
Lords to be summoned.
It was moved, That the following Address be
presented to his Majefly, viz,
>Meft Gracious Sovereign,
W |i, your Majesty's molt dutiful and loyal
fubje&s, the Lords Spiritual and Temporal, in
Parliament aflembled, humbly beg leave to te
prefent to your Majesty, that it is with theut
mod concern we have seen the treaties which
your Majedy, by the advice of your Ministers,
has been pleated to enter into with their Serene
Highnefles the Duke of. Brunswick the Land
grave of Helle Callell, and the Count of Ha
nau, and which your Majesty has been gracious
ly pleated to communicate to this House.
\Ve beg leave humbly to represent to your,
Majesty, the lenfe we entertain of the danger
and disgrace attending this inconliderate mea
sure, when it has been judged necessary in the
firft exertions of Great-Britain to subjugate her '
colonies, to hire an army of foreign mercena
ri s, acknowledging to all Europe, that these
kingdoms are unable, cither from want of men,
or dilinclination to this service, to furnilh a com
petent number of natural born fubjefts to make
the hist campaign : And it is a melancholy con
sideration, that the drawing off the national
troops, (though feeble, for the unhappy pur
pole on which they are employed) will yet leave
these kingdoms naked, and exposed to the as
sault and invasion ot powerful neighbouring and
foreign nations.
We further beg leave humbly to submit to
your Maj&fy, that it the justice and equity of
this unnatural war was not questioned by so ,
large a part ofyour Majesty's fubje&s, yet a re
conciliation with the. colonies, though attended
with some conceptions, would be more agreeable
to found policy, than to inftrud the prosecuti
on of hoßilittes to toreigners, in whom we can
not confide, and who, when they are at so great
adiftance from their own country, and fullering
under the diftrefles of a war, wherein they have
no int. rest or concern, with so jnany temptati
ons to exchange vassalage for freedom, will be
moje likely to mutiny or desert, than to unite
faithfully and co-operate with your Majesty's
natural born fubjeds.
We ought not to conceal from your Majesty
the anxiety we feel on the latitude of the arti
cles in the federal treaties, which flipulate the
power in yourMajefty ot employing these troops
in any part of Europe. Means are hereby pro
vided for introducing a foreign army even into
this realm ; and we cannot so tar confide in your
Majesty's Ministers, as to suppose they would
be very scrupulous in advising such a measure,
since they have already introduced foieign troops
into two of our Wronged fortrelles, and have of
fered to bring four thousand more foreigners in
to the kingdom of Ireland, without the consent
of a British Parliament.
That we have moreover just reason to appre
hend, that when the colonies come to under
hand, that Great-Britain is forming alliances,
and hiring foreign loops for their definition,
they may think they are well jtiftified by the
example, in endeavouring to avail themselves
ot the like assistance; and that France, Spain,
Prussia, or other powers of Europe, may con
ceive they have as good a right as Hesse, Brunf-,
wick, and Hanau, to interfere in our domestic
quarrels. And it the flames ot war from these
proceedings should be kindled in Europe, which
we fear is too prop&ble, we retied with horror
upon the condition of this country, under cir
cumflances wherein foe may be called upon to
rehft<he formidable attack of powerful enemies,
whicb may require the exertion of our whole
force, at a time when the strength and flower
of the nation is employed in fruitlefs expediti
ons on the other fide of the world.
That the treaty, by stipulating not only to
give the Landgrave of Hefle Caffell, in case of
attack or didurbance in the possession of his ter
ritories, all the fuccour which shall be in your
Majesty's power to give, but likewise to conti
nue such fuccour until the Landgrave shall have
obtained entire security, and a just indemnifica
tion, lays this kingdom under the necellity of
taking part in every quarrel upon the continent,
in which his serene Highness may happen to
be engaged, and that without any equivalent
consideration to make the contra^ reciprocal ;
as this island can exped no assistance from an
inconsiderable sovereignty in the heart of Ger
many, from which more troops are already
drawn than flie is able to replace for her on n
defence, and whose revenues are not fufficient
to maintain even those she has lent without the
aid of subsidy. We conceive, therefore, that
"pis .day Lord Barrington will move the
Houle of Commons, “ That a Supply be grant
ed to defiay the extraordinaries of the army for
the current year." The pubbic have already
been told that the extraordinaries of the army
for the current year will amount to 900,000 1.
There will be no end to the extraordinary ex
pcnees incurred by the American war.
Several of the transports that failed from Eng
land fall November, have never been heard of
Since they parted company with those arrived at
Button, which was in December lad.
Saturday morning several thousand beds and
blankets were shipped off from the Tower for
the use of the Hessian troops going to America,
Saturday morning advice was received from
Portsmouth with the account of a transport bo
ing arrived there, and having landed the troops
that nere fliip-wrecked oft Scilly about five
weeks ago.
, Orders are given for two frigates to be imme
diately Rationed on the Irish coast, where, we
are informed some foreign rebels have lately
been discovered making observations.
The Resolution, Sim, from London to Lof
ton, is put into Antigua, after icing out twenty
weeks.
I he Biitifh Hero, ivennedy, that failed fron\
Antigua, the 2,h of October for Bolton, is put
back with damage.
The Charming Nelly, Miller, from London
to Boston, is put into Antigua,
TbefoWo%vmg is an extract fa letter from Colonel
this eng^gemerA ofGreat-EvLrin to defend ^nd
indemnity, mud be conlidered as part of the
price flic is to pay tor the bite of those troops.
It this article of charges (which cannot be clii
mated) be added to the enormous expences of
levy money, charges of making good the lodes
ot the leyeral corps, ordinary and extraordinary
subsidies, and their continuation alter the troops
arc returned to their refpedive countries, and
can be ot no use to Great-Britain, we may fay
with truthpthat Great-Britain never l efofe en
tered into a treaty so expenlivc, so unequal, so
dilhonourable, and so dangerous in its conse
quences.
We therefore humbly implore your Majesty
to give immediate orders for flopping the march
otthe Hetiian, Brunswick, and Hanau troops,
and for a fufpenlion of hoflilitics in America
in order to lay the foundation of a speedy and
permanent reconciliation between the great con
tending parts of this diffracted empire.
It was moved to agree with the said motion.
Which being objected to,
After long debate,
The question was put thereupon. It was re
solved in the negative.
Contents 29 Pfoxies 3 —33.
Non Contents 79 Proxies 2i---ioo„
Diffentient.
Abingdon. Ponfemby. King. Fitzwilliam.
Archer. Portland. Eflingham. Abergavtny.
Cambden. Richmond.
Fe}. 10. Government has contracted for one
thousand baggage waggons, ten thousand horse
inoes, and two thousand saddles tor the use of
the King's troops in America.
March 11, As the Americans were not to $e
duped by ministerial chicanery, recourse hath
been had to corruption. One hundred thou
sand pounds hath been sent over to America to
be properly diliributed amongst the members of
the Congress. .Col. Barre mentioned this fadt
on Friday in. the Houle of Commons. It is not
to be doubted. The Americans themselves are
apprised of the tranfadtion, and they know the
p rluns who are entrusted with the distribution
of this money. To the eternal disgrace of the
niinifter, the whole of this negociation shall in.
due time be laid before the public. The names
of the agents dial! be mentioned. The Ameri
cans have given several fpechnens of their poli
cy. They know bow to a£f on Inch occahons.
They will scarcely permit so large a sum to re
turn to England, at the fame time that it is too
Imall to purchase the integrity, of Americas
Q^ery, Does Mr. Button, (the friend of Lord
Dartmouth, and the difeiple of Shebbeare)
know any thing of this tranfa&ion?
At the firft commencement of the American
dilpute, the minister boasted that he would bring
the colonies at his feet. So far from being a*
ble to procure a voluntary submission, an at
tempt is made to bribe the Congress by diftri
bating 100,000 h. amongst the members.
It is Ihameful that a parliamentary enquiry is
not made into the expenditure of the public
money. Who can wonder that ministers ihould
amass such immense fortunes, when they can
pocket what they please and set it down to the
article of secret service?
N 0 account if. Il he given of the money sent
over to bribe the Congress. It will fall under
the head of secret service.
Lord Sandwich ascribed the burning of the
town of Norfolk " to the rebels, who fired at
a flig of truce, an action unprecedented in war."
General Montgomery, in aJettr to Carleton,
makes use of this expression, ^ Firing on a &&
of truce, hitherto unprecedented, even amony
favages,_ prevents my following the ordinary
mode of conveying my sentiment's." From this
padage it appears, that Carleton's people did at
Quebec, the very thing for which Lord Sand
wich blamed the rebels at Norfolk. “ They
fired on a flag of truce, which is a mode of pro'-
ceeding unprecedented among savages."
I he Duke of Grafton, on Tuesday, speaking
of the blunted apathy of the times, compared
the present rera to that immediately preceding
the Revolution. The people were equally cor
™Pb luxurious, profligate, and dead^ed to eve
ry fenie of public virtue, “ Yet, said the noble
Duke, national bufferings aroused them. They
recovered from their lethargy, and accompliffied
the glorious work of the Revolution."