The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1777-09-29 00:00:00, page 1

Monday, September 29, 1777.'
PHILADELPHIA.
'The following REMONSTRANCE, was
this Da, presented to the President and Council
~ by the Hands of their Secretary.
To the President and Council of Penn
sylvania.
The Remonstrance of Israel Pemberton, fohn
Hunt, and Samuel Pleafants,
Sheweth,
, —M —^HAT Lewis Nichola, is about to
| ' deprive us of our Liberty, by an
order from you, of which the fol
lowing is a copy, viz.
“ InC OUNCIL, September 3, 1777.
" Ordered, That Colonel Nicpiola, Town
" Major, do take a proper guard apd seize
" Israel Pemberton, fohn Hunt, and Samuel
" Pleafants, and condud them to the Free
" Mason's Lodge, and there confine them
" under guard, till further orders."
We are advised, and from our own know
ledge, of our Rights and Privileges, as Free
men are assured, that your issuing this order,
is arbitrary, unjust, and illegal, and we there
fore believe it is our Duty, in clear and express
Terms, to remonstrate against it.
The order appears to be arbitrary, as you
have affum'd an Authority not founded on
Law or Reason, to deprive us, who are pea
ceable men, and have never bore arms, of our
Liberty, by a military force, when you might
have directed a legal course of proceeding—
unjuft, as we have not attempted, nor are
charged with any aft inconliftent with the cha
ra&er we have steadily maintained, of good
citizens, solicitous to promote the real inte
rest, and prosperity of our country, and that
it is illegal, is evident, from the perusal and
consideration of the constitution of the govern
ment, from which you derive all your au
thority and power.
We therefore claim our undoubted right,
as Freemen, having ajuft sense of the inefti
inable value of Religious and Civil Liberty,
to be heard before we are confined, in the
manner directed by the said order; and we
have the more urgent cause, for infilling on
this our right, as several of our fellow-citi
zenshave-been some days, and now are con
fined by your order, and no opportunity is
given them to be heard, and we have been
inform’d, that it is your purpose, to fend
them and us, into a distant part of the country,
even beyond the limits of the jurifdiftion you
claim, and where the rccourfe, we are justly
and lawfully intitled to, of being heard, and
of clearing ourselves from any charge, or
suspicions, you may entertain, refpecling us,
will be impracticable.
We fervently, desire, you may be so wife,
as to attend to the dilates of truth and justice,
in your own minds, and observe the precepts
of our Lord Jesus Christ, whom you profefs
to believe in, All things whatsoever ye mov'd,
that men Jbould do toyou, do ye even so unto them,
Matthew vii. iz. and then we have no doubt,
you will comply with this just claim we make,
which will be duly acknowledged, by your
real friends and well-wishers,
Israel Pemberton,
John Hunt,
Samuel Pleasants.
Philadelphia, ,tb gmo. 1777.
N E W-Y ORK
ASSIZE of BREAD. Flour at 30s. per Cent.
A White Loaf of the fineft FLOUR, to weigh
3 lb. 40Z. for 14. Coppers, and in the fame
Proportion for Loaves of a lesser Weight.
We the said fubferibers, attended at the
door of the Council-Chamber, and made
application by the Secretary, to be admitted,
in order to deliver our Remonstrance, to which
we could, after repeated applications obtain
no.other answer, than that " Council had
" ifi'ued the arrest, in consequence of a Re
“ solve of Congress, and cannot now admit
" you to be heard."
We therefore delivered our Remonstrance
to the Secretary, and waited, until he came
out on another occasion, and told us, " it
" had been read to the Council, and they
" afterwards proceeded to the other business
" which was before them." Immediately
after which, we were conduced by Lewis
Nichola, to the Free-Mason's Lodge, where we
are now confined, with a number of our fel
low-citizens, with whom we have join'd, in
a more full Remonstrance to the President
and Council, and this evening, William Brad
ford, came to us, and read to us a letter, of
which the following is a Copy, viz.
Published January 10, 1777.
WEEKLY
Containing the catlieff Voices
1? Printed by HUGH GAINE, at the BIBLE and CROWN, in HANOVER-SQUARE.
AND
S I R,
COUNCIL have resolved to fend the
prisoners, now confined at the Free-Ma
son’s Lodge, to Stanton, in the county of Au
gusta, in the state of Virginia, there to be
secured, and treated in such manner, as shall
be confident with their refpedive characters,
and the security of their persons, which you
are requeued to communicate to them, and
inform them, that carriages will be provided
for their accommodation in thejourney, unless
they chufe to provide themselves therewith.
---It is proposed that they go off Saturday
morning next.
I am with great Refpefl,
Tour humble Servant,
T. MATLACK, Secry.
Thursday, Sep. 4, 1777.
To Col. W. Bradford,
(Copy.) The above is a true copy of the
letter I received this evening from T. Matlack.
W. BRADFORD.
To the CONGRESS.
The Remonstrance of the Subscribers,
Citizens of Philadelphia.
Sheweth,
, —* IHAT we are now confined by a mili
& tary guard, having been arrested and
A deprived of our Liberty, by order of
the President and Council of Pennsylvania, in
consequence of a resolve made by you, on the
28th day of the last month, " Recommending
to the Executive Powers of the several states,
to apprehend, and secure all persons, who have
in their general conduct, and conversation,
evidenced a disposition inimical to the Cause
of America," and particularly naming us, the
fubferibers, " together with all such papers,
in our poffeflion, as may be of a political na
ture ;" the copy of which resolve, we could
not obtain 'till yesterday afternoon.
Conscious of our innocence, and that we
have miniftred no just occasion, to have our
characters thus traduced, and irejurioufly treat
ed ; we have remonstrated to the said President
and Council, against their arbitrary, unjust,
and illegal proceedings against us, and de
manded our undoubted right of being heard
bythem: Knowing we can manifeft the falfe
hood and injustice, of any injurious charge,
or suspicions, they, or you, may entertain
concerning us; but we are denied the oppor
tunity of such a hearing, and were last even
ing informed, by their order, that they have
resolved to fend us to Stanton, in the County
of Augusta, in Virginia, to be secured there---
and we are now told, that place is appointed
by you, for our confinement.
We therefore, by our love to our country,
whose true interest and prosperity we have stea
dily pursued, thro' the course of our conduct
and conversations, and in justice to our cha
rafters, as Freemen and Christians, with that
freedom and resolution, which influences men,
conscious of being void of just cause of offence,
are bound to remonkrate against your arbitra
ry, unjust, and cruel treatment of us, our
characters, and families, and against the course
of proceeding, you have chose and prescribed;
by which the Liberty, Property, and Character,
of every Freeman in America, is, or may be
endangered. —Most of you are not personally
known to us, nor are we to you ; and few of
you have had the opportunity of converting
with any of us, or of knowing any thing more
of our conduct and conversation, than what
you have received from others, and thus we
are fubjeded to the unjust suspicions, you have
entertained from the uncertain reports, of our
adversaries, and are condemned unheard, to
be deprived of our molt endearing connecti
ons, ar.d temporal enjoyments, when our per
sonal care of them, is moil immediately ne
cessary.
We are therefore engaged in the most so
lemn manner, to call upon, and intreat you,
to reconsider the course of your proceedings,
refpeCting us ; and either by yourselves, or
the said President and Council, to give us the
opportunity of hearing, and answering to
every ,matter fuggefied to, and entertained by
you or them, against us —being assured we
shall appear to be true Friends to, and anxi
ously solicitous for the prosperity of America,
on the principles of Juitice and Liberty—and
tho’ we are clearly convinced, from the pre
cepts of Christ, the doctrine of his Apostles,
and the example of his followers, in the pri
Monday, 49 Min. after 7
Tuesday, 29 Min. aftei 8
Wednesday, 12 Min. a'tet 9
Thursday, 53 Min. after 9
HIGH-WATER at NEW-YORK, this Week.
Friday, 34 Min. after 10
Saturday, 15 Min, after 11
Sunday, 53 Min. after 11
New Moon Thursday.
THE
mitive ages of Christianity, that all outward
wars and fightings, are unlawful, and there
fore cannot join therein, for any cause what
ever.—We cannot but remind you, that we
are by the fame principles restrained from pur
suing any measures, inconsistent with the Apo
stolic advice, " To live peaceably with all
men," under whatever powers it is our lot to
live, which rule of conduft, we are determined
to observe, whatever you, or any others, may
determine concerning us.
Your characters, in the conspicuous station
you Hand, and the regard due to the Liberties,
Properties, and even the Lives of those, who
are, and may be affeded, by the course of your
proceedings, so loudly proclaim the justice of
our demand of a hearing, that if more time
remained for it, we judge farther reasoning
unnecessary, beseeching you to remember,
that we are all to appear before the Tribunal
of Divine Justice, there to render an account
of our actions, and to receive a reward ac
cording as our works have been.—-And we
sincerely desire for you, as we do for ourselves,
that we may all so direst our ccurfe, that we
may at that Tribunal, receive the answer, " of
well done," and enjoy the reward of eternal
peace and happiness.
We are your real Friends,
Philadelphia, sth, gmo, 1777,
Lodge-Alley.
To the President and Council cf Penn
sylvania.
The Remonstrance of the Subscribers, Freemen,
and Inhabitants of the City of Philadelphia,
now confined in the Free- Mason's Lodge.
Sheweth,
THAT the fubferibers have been by virtue
of a warrant signed in Council by
George Bryan, vice president, arrested in our
houses, and on our lawful occasions, and con
ducted to this place, where we have been kept
in close confinement, under a strong military
guard, two or more days---that altho’ divers
of us demanded of the messengers who arrested
us, and infilled on having copies of the said
warrant, yet we were not able to procure the
fame, till this present time, but have remained
here unaccufed and unheard. We 'now take
the earliest opportunity of laying our Griev
ances before your body, from whom we ap
prehend they proceed, and of claiming to
ourselves the liberties and privileges to which
we are entitled by the fundamental rules of
justice, by our birthright and inheritance, the
laws of the land ; and by the express provi
sion of the present constitution, under which
your board derive their Power.
We apprehend, that no Man can lawfully be
deprived of his Liberty, without a Warrant
from some Persons having competent Authority
fpecifying an Offence against the Laws of the
Land,fupported by Oath and Affirmation of the
Accuser, and limiting the Time of liis Impri
sonment until he is heard, or legally difeharged
unless the Party be found in the actual Perpe
tration of a crime. Natural justice, equally
with law, declares that the party accused
should know what he is to answer to, and
have an opportunity of ihewing his innocence.
These principles are strongly enforced in the
ninth and tenth fedions of the Declaration of
rights, which form a fundamental and invio
lable part of the constitution, from which
you derive your power, wherein it is declared,
IX. " That in all prosecutions for criminal
offences, a man hath a right to be heard by
himfelf and his council, to demand the cause
and nature of his accusation, to be confronted
with the witnesses, to call for evidence in his
favour, and a speedy public trial by an impar
tial jury of the country ; without the unani
mous consent of which jury, he cannot be
found guilty, l —nor can he be compelled to
give evidence against himfelf; nor can any
man be justly deprived of his liberty, except
by the laws of the land, or the judgment of
his peers."
X. " That the people have a right to hold
themselves, their houses, papers and poffefli
ons, free from search or seizure, and there
fore warrants without oaths or affirmations
firlt. made, affording a fufficient foundation
for them, and thereby any officer or mUTen
Israel Pemberton,
"fames Pemberton,
John Pemberton,
Thomas Wharton,
Wheat per Bushel, 9s. od.
Flour, 30s. od.
Brown Bread, 255. od.
Weft-India Rum, 6s. 6d.
New-England do. ss. od.
Henry Drinker,
Thomas Fifer,
Samuel Pleafants,
Samuel R. Fisher.
GAZETTE:
MERCU R Y.
PRICE CURRENT, in NEW-YORK.
Mufcovado Sugar, 51. 10s.
Single refin'd ditto, 2s. 2d.
Molasses, is. 6d.
Beef per Barrel, 90s. od/
Pork, 51.105.1
foreign anti Dornfflick.
ger may be commanded or required to search
fufpe&ed places, or to seize any person or per
sons, his 0^ their property not particularly
described, are contrary to that right and ought
not to be granted."
How far these principles have been adhered
to in the course of this business, we fliall go on
to shew. Q
Upon the examination of the said warrant,
we find it is, in a,ll refpe6ls, inadequate to
these descriptions, altogether unprecedented
in this or any free country, both in its sub
stance, and the latitude given to the messen
gers who were to execute it, and wholly sub
versive of the very constitution you profefs to
support.—The only charge on which it is
founded, is a recommendation of Congress to
apprehend and secure all persons who in their
general conduct and conversation have evi
denced a disposition inimical to the cause of
America, and particularly naming some of
us, —but not suggesting the lead offence to
have been committed by us—-
It authorifes the messengers to search all pa
pers belonging to us, upon a bare possibility,
that something political may be found, but
without the lead ground for a suspicion of the
kind.
It requires papers, relative to the fufferings
of the people called Quakers, to be seized,
without limiting the search to any house, or
number of houses; under colour of which,
every house in this city, might be broke open.
To the persons whom the Congress have
thought proper to feleft, the warrant adds a
number of the inhabitants of the city, of
whom some of us are part; without the lead:
insinuation, that they are within the descrip
tion given by the Congress, in their recom
mendation.
It direds all these matters to be executed
(tho' of the highest importance to the liberties
of the people) at the diferetion of a set of
men, who are under no qualification for the
due execution of the office, and are unaccus
tomed to the forms of executing civil process ;
from whence probably, have proceeded the
excefles and irregularities committed by some
of them, in divers instances, by refufing to
give copies of the process to the parties ar
rested, by denying to some of us, a reasonable
time to confider of answers, and prepare for
confinement.—ln the absence of others, by
breaking our desks and other private reposito
ries—and by ransacking and carrying off do
mestic papers, printed books, and other matter
not within the terms of the warrant.
It limits no time for the duration of our
imprisonment, nor points at any hearing,
which is an absolute requisite to make a legal
warrant ; but confounds in one warrant, the
power to apprehend, and the authority to
commit, without interposing a judicial officer
between the parties and the messenger.
Upon the whole, we conceive this warrant
and the proceedings thereupon, to be far more
dangerous in its tendency, and a more flagrant
violation of every right which is dear to free
men, than any that can'be found in the records
of the English Constitution.
But when we confider the use to which this
General Warrant has been applied, and the
Persons upon whom it has been executed,
(Who challenge the 'world to charge them ivith
offence) it become of too great magnitude to
be be considered as the Cause of a few.—lt is
the cause of every inhabitant, and may, if
permitted to pass into a precedent, establish a
lyflem of arbitrary power unknown but in the
Inquisition, or the despotic courts of the East.--
What adds further to this alarming ttretch
of Power is, that we are informed the Vice-
President of the Council has declared to one
of the Magistrates of the City, who called on
him to enquire into the cause of our confine
ment, that we were to be sent to Virginia
unheard.
Scarcely could we believe such a declaration
could have been made by a person who fills
the second place in the government, till we
were this day confirmed in the melancholy
truth by three of the fubferibers, ivhom you
abjolutel, refifed to hear in person, or by council.—
We would remind you of the complaints urged
by numbers of yourselves against the Parlia
ment of Great-Britain, for condemning the
town of Bolton unheard, and we call upon
you to reconcile your prefers conduct with your
then profeffions, or your repeated declarations
in favour of general Liberty.— - '
In the name therefore of the avbok body of the
THE
[Fine Salt, ros. od
; Coarse Salt, 83. od
llndian Corn per Bu. 6s. 6d
!Coffee, is. gd
I Chocolate, 265. per Do
[No.US^