The Pennsylvania evening post — Philadelphia, Pa., 1776-11-05 00:00:00, page 2

courts of appeal, and heard causes in error. It may per
haj s be proper to have two revifals of important causes, as
in England, where the Court of Exchequer Chamber, and
afterwards the House of Lords, may be appealed to. The
courts of London are corrected by a special court of error,
and by the Lords in the last resort. Practice must best de
termine on these regulations The Convention, 1 think,
have done wifely to leave this article to future Assemblies.
2dly, “ Not afeertaining the number of the Judges of
common pleas, or orphans court ; nor whether the Jufticesof
the Peace to be also Judges of both, and also of sessions.
" Whether any Justice of the Peace besides those elected by
" the people, and by whom appointed ?"
It was not necessary to limit the number of Judges of com
mon pleas. The future Afftmblies surely can provide in all
cases wherein the Convention have not, and why not in this ?
Convention having regulated specially the fuprerue court, in
which every man may have causes tried in the firft instance,
have left the lower courts to the prudence of the legislature.
Justices of the Peace are to be chosen by the people in fuffici
ent numbers ; additions to these would be improper and
needle^. If any of these lit in the county pleas, it mud be
by a farther authority, viz. the legislature. In the New
jerfey plan these things are referred to a future legislature,
jdly, " Not providing what laws fl.all be in fo°rce."
This is easier said than done—lt will be business of cir
cumfptftion and time to distinguish what laws shall not. To
declare, as in. New-Je.rfey, that all ^heir afts of Assembly,
as collected in a volume, the common and statute law, as
heretofore pracliied, not incompatible with their new form,
shall remain in force, is too general. Do the fiatutes for re
gulating hatters, or retraining plating mills, till bind in New-
Jeriey r Is the crown law properly reduced?
Many questions mud arile in N^w-Jerfey, notwithstanding,
on this lu.ject. Future laws mult decide theni. The As
sembly of Fennlylvania will provide tor as. The whole of
the Constitution luppofes that the old laws in general will be
revived and continued. Ihe instances occur constantly.
IMPROPRIETIES.
4thly, “ Taking notice of insolvent debtors."
It is notorious that our practice on this fubjedtis very irre
gular and dangerous. For though a patched mode of re
lieving insolvents, who owe not more than one hundred and
fifty pounds to any one creditor, by original corrective and
fupplemeritary laws, has been established, yet larger bank
rupts have had no other remedy than by special ads of legis
lature ; ex pest fa&o ordinances dangerous in their nature.
The cases of languishing prisoners, for debts of larger £ze,
being often as pitiable, and sometimes more so than those of
fmalier, there particular grants of relief have been seldom
denied. Gur law books Of late years abound with them. Hence
creditors are fubjeded to law they could not know nor forefee,
when the debts were contrasted. The Delaware Convention,
I think, censure, and with reason, this method of legislating.
Ads of Grace, which are laws of like nature, are in use in
England; but they are seldom, once or perhaps twice in a
reign. Surety then it was not impertinent or improper for
the Convention to lay down a general rule of practice con
gernirg insolvent debtors,
Filling, fowling, hunting, are reckoned improprieties.
It is true that owners of land, by a& of Aflembly thirty
third of George 11. are not forbid to hunt and fowl on their
own lands. 1 his do s not secure them in the right, and may
terepeaicd. But this matter is deeper, for at common law,
f^h goods as have no proper owner, belong to the King, as
554
trustee for the public. Hence all such animals as are wild
by nature and untamed, are the King's game. There he
ma y grant to others, con fequently Lords of manors and
others may claim them. Upon this foundation, afts of Par
liament have been made for the preservation of these animals^
for the recreation and amusement of persons of fortune, unto
whom the King, by advice of Parliament, hath granted the
fame. This deprives not the -common people of any right
they ever had, but extends to some persons rights winch were
ia the crown, (See 2d Bacon's Abridgments, 612 and 613)
The laws of England for preserving the game, form a large
code, feme of them aie very penal, and for the most part they
are executed by Justices of the Peace, ia a summary war.
In order to prevent p achers, as they are called, from invad
ing this ariftocratical prerogative, the poffeffioa of burning
dogs, faares, nets, ad other engines by unprivileged persons,
has been forbidden, and, under pretence of the last words,
guns have been seized. And though this was not legal, as
guns are not engines appropriated to kill game, yet if a wit
ness can be found to attest before a Justice that a gun has
been thus used, the penalty is five pounds, or three months
imprisonment fall on the accused.
The prosecutors are generally fox-hunters, and if the J&
ftices are lucb, alas, the culprit has no chance of escaping
punishment, though the evidence be ftender! Thus penal
laws, and trials without juries, are multiplied on a trivial
fubjed, and the freeholders of moderate estates deprived of
a natural rignt. N^r is this all ; the body of the people
kept from the use of guns are utterly ignorant of the arms
of modern war, and the kingdom effectually disarmed, ex
cept of the Handing forces ; not by ministers of date, but bw
the influence of the gentry or upper freeholders.—ls any
thing like this desired in Pennsylvania? If not, fee. 43,
chap. 11. cf the Constitution, is no. unneceffa^y nor improper.
ENTAIL S."
In arepublic there should not be entails. They belong to
monarchies. Estates should be divided among the chit
dren. This is eflential. Now the Aft of Assembly for bar
ring entails is an act that may be repealed ; it was not there
fore improper to establish and perpetuate this provision.
“ Trial before Council." " ~•
The Jersey plan declares officers liable to be impeached
when adjudged guilty of mifyehaviour by the Council, on
impeachments of Assembly, Ours fays, -" The Coun
cil shall fit as Judges to hear and determine' on impeach
ments." Judges, to hear and determine, proceed with ju
ries; besides, in chap. I. fe&. IX. in all criminal prose
cutions a jury is established. Of course why not here?
Judges, Aldermen, and others in England, who hold during
good behavior, have a right to trial by jury, before they may
be removed, except Judges in case of address of noth Houses
of Parliament. The general word) in chap 11. sea. XXIIL
do not contradict this. Trie Judges mult doubtless be cen
vi&ed of the milbehavior on which the Assembly removes
them, These wards, " removeable at any time for misbeha
vior," are a limit on the seven years commifiion and nothing
more, and they are the only limit. Had they been emitted,
perhaps the conviction provided in feel. XXIL might hac
been construed as not reaching the Supreme Judges, specially
mentioned in ftft. XXIII. Io as to remove them, thoughi
might have inferred other punishments.
W 'ANTED immediately, a woman with a good breast of
railk, and of a good character. Inquire of the prin
ter.