The Pennsylvania ledger, or, The Virginia, Maryland, Pennsylvania, & New-Jersey weekly advertiser — Philadelphia, Pa., 1776-10-26 00:00:00, page 2

§ Ihe said Conditution differs from others lately
formed, in these particulars: id. It establishes only
a ^£ r ' e legislative body. zdly. It renders the judi
cial dependent on that Jingle legislative body, who
may remove any judge from his office, without trial,
for any thing they please to call “ mifbehaviour."
gdly. It renders the executive dependent on that
Jingle legislative body; by whom alone the executive
officers are to be paid for their services by
whom, from the great disproportion between the
number of the AfLmbly and Council, the President
and Vice-President mud always be annually chosen,
—besides, that every officer, executive or judicial,
may be impeached by the Afembly, before JA of the
Council thus dependent on the Aflembly, and be tried
and condemned. 4thly. It erects no Court of Ap
peals, more necessary here than in some other States,
as our Supreme Court may try causes in the firft in-,
dance, and finally determine them, fo.that there is
no mode fettled for correcting their errors.
1 he said Constitution differs from the sentiments
of the Hon. Congress, in rendering every Judge in
the State entirely dependent on the /ingle legislative
body.—For in the firft petition to the King of Great
Britain, the Congress, in enumerating “grievances,"
fay, " The Judges of the Courts of Common Law
have been entirely dependent on one part of the le
gislature for their salaries, as well as the duration
of their commissions." Again, the said Constitution
differs from the sentiments of the Hon. Congress, in
not having "separated and difributed powers into
different hands, for checks upon one another ;" for in
their address to the inhabitants of Canada, menti
oning government and the detedable frame eda
blilhed for that province by a late statute, they fay,
" The Several powers being separated and difributed
into different hands, for checks one upon another, is
the only effectual mode ever invented by the wit of
inen to promote their /r^A^ and prosperity." But
here is no “ difribution of power into different
hands, that one may check another." On the con
trary, the executive and judicial powers are made
unduly dependent on a Jingle legislative body, the
Assembly, though there is a semblance, on a flight
view, of their being separated. Indeed, the resem
blance between the said Conditution and the artful,
but deftruCtive one edablifhed by the statute before
mentioned is so great, that the following words of
the Congress suit the one as well as the other, only
changing the word “ minifer" for the word “ Af
fernbly."—“ Here is indeed an appearance of the
several powers being separated, &c." as before.
"' But examine the specious devices and you will
find it, to use an expreflion of holy writ," “ a
whited fepulchre." " The legislative, executive and
judicial powers are all moved by the nods of a
minister."
TH T L A DEL P FI 7 A, Oftoler 22.
At, a meeting of a large and refpcftable number
of the citizens of Philadelphia, in the state house
yard kill night and this morning, Colonel John
Bayard in the chair, the following resolutions were
agreed to by a great majority, and affectionately
re. uTumended to their fellow citizens in every part
of the date of Fennhlvania.
Reflrra ; "T ™'* AT the ' at 9 Convention was cal
i led for the express purpose of
forming a new government in this Rate, on the au
tr.<r or L:e people only, with ppwer also to
appoint Delegates in Congress, and a Council of
Safety.
A That the said Convention affirmed and cxer-
ACd' powers with which they were not intruded by
the people.
3. Tharin the Constitution formed by the said
( invention, the Christian religion is not treated
with proper respect.
4. That the said Constitution unnecessarily de
viates irom fill refemblante to the former govern
ment of this date, to which the people have been
accudomed.
5. That it is the sense of the meeting, that the
people did not desire such strange innovations, but
only that the kingly, parliamentary, and proprie
tary powers should be totally abolished, and such
alterations made as would thereby be rendered ne
cessary, so that a well formed government might be
edablilhed solely on the authority of the people.
6. That the said Constitution differs not only
nnneccffaiily from that to which the people have
been accudomed, but in many important articles
from every government that has -lately been efta
blilhed in America on the authority of the people
-—from the sentiments of the Honorable the Con
tinental Congress refpeding government —and from
those of the mod didinguifhed authors, who have
deliberately considered that fubjeft. §
If any reasonable man could poflibly entertain a
doubt, concerning the meaning of the Congress in
using the words before quoted, that meaning will
be clearly explained by the several constitutions late
ly formed on this continent, with the advice and
assistance of those very gentlemen in their refpe&ive
States, who as members of the Congre s used the
before quoted words, and mud have known their
own meaning.
How widely the said constitution differs from the
fentimens of the mod didinguifhed writers on the
fubjeft of government, will appear by the following
-quotations from two authors of so higli a reputation
among civilized nations, that it is needless to add
any others.
I lie Baron de Montefauieu, " whole name" (the
Congress declare) all Europe reveres, fays The
political liberty of the subject is a tranquility of mind,
arising from the opinions each person has of his
fajety. In order to have this liberty, it is requisite
the government be so constituted, as one man need
not be afraid of another. When the legislative and
executive powers are united in the fame perlon, or
in tlie fame body of Magidrates, there can be no
Liberty, because apprehensions may arise, left the
fame Monarch or Senate should enaC tyrannical
laws, to execute them in a tyrannical manner.
Again, there is no Liberty, if the power of judging
be not separated from the legislative and executive
powers. “ There would be an end of every thing,
were the fame men or the Jame body, whether of the
Nobles, or of the people, to exercise thole three
powers, that of enabling laws, that of executing the
public resolutions, and that of judging the crimes
or differences of individuals." The learned Baron
then proceeds with a long and much admired chap
ter on the Englijh constitution, wherein he greatly
commends its diJ/ribution ert legislative power into
several branches, &c. which cannot be inferred in
the compass of these notes.
Mr. Addison, the drenuous and undaunted advo
cate for virtue, piety, liberty and just government,
even in a corrupt age, (and though conversant in
courts) fays—" If there be but one bod, of legislators
it is no better than a tyranny ; if there are only ^o,
there will want a calling voice, and one of them
mud at length be swallowed up by disputes and con
tention, that would necessarily arise between them.
Four would have the fame inconveniencies as two,
and a greater number would cause too much con
fufion."
7. That several regulations essential to the wel
fare of the community are omitted in the said Con,
ftitution. f
8. That several regulations improper to be ta
ken notice of therein, are mentioned in the said
Constitution.*
9; Ihat the said Constitution is confufed, in
confident, and dangerous.ft
10. That the said Constitution ought to be al
tered and amended.
11. That no mode is fettled by the said Condi
tution for altering or amending the fame, but that
of a Convention to meet more than seven years
hence, if a Council of Censors shall be chosen in
the year 1783, and if two thirds of that Council
shall agree to call such a Convention to meet with
in two years afterwards.
12. That the la:e Convention, on the fifth day
of September lad in the afternoon, as appears from
tile minutes of their proceedings, -ordered four liun
dred copies of the proposed Plan of Government to
be printed and published "for consideration;" and
on the 16th day of the fame month, proceeded on
tlie confirmation tliereof, making only immaterial
alteration.
[ 3' That therefore the late Convention did not
allow time to the people of this State to take into
their consideration the proposed Frame of Govern
ments. •
14. That the late Convention did not know,
that the said Frame of Government would be agree
able to the people.
15. That therefore the condud of the late Con
vention, in edablifhing the Constitution aforefaid
absolutely for more than seven years, and not set-
+ id. Not edablifhing a Court of Appeals —zdly,
Not afeertaining the number of Judges in the Com
mon Pleas and Orphans Courts, —whether the fame
persons are to be Judges in both Courts and in the
sessions, as usual heretofore, —or whether the pow
ers are to be feparated: —if to be separated, who is to
do it, as the power of a future legislature is by the
26th fedion of the frame expressly confined to
" other" courts—if not to be separated, whether any
other Judges are to be added to the Jufices of the
Peace chosen by the people—and by whom to be
added—gdly. Not determining what qualifications
as to property, shall enable a man to be chosen a
member of Assembly, and thereby become one of
the sovereigns of Pennfylvania— 4thly. Not provi
ding what laws shall be in force within this State,
&c. &c. &c. &c.
* Relating to—id. Insolvent Debtors—2dly.
Fishing, fowling and hunting—gdly. Intails, &c.
The late Convention ordered, that “ the future
legislature of this State foall regulate intails in such
a manner as to prevent perpetuities," when it is
notorious that “ intails were regulated in such a
manner as to prevent perpetuities," long before the
meeting of the late Convention.,
1 See the note with this + mark. In one part,
a trial by jury is established in all cases without ex
ception, in another part persons may be tried and
condemned by fix of the Council—The Council of
Censors may pals public censures without any trial,
which censures may be worse than death—The
Council of Censors and the Convention to be called
by them are to be veded with powers, that will oc
casion convulsions in the State, &c. &c. &c, &c.
18. That it is the sense of this meeting, that the
late increase of tlie number and insolence of Tories
and persons difaffeffed to the independance of this
State, and the feeblenefs of its public measures, are
greatly owing to that general difatisfadion.
19° That more dangerous consequences may be
be expe&ed, unless the unhappy causes of such dif
fatisfa&ion can be removed, by procuring proper
alterations and amendments to be made in the said
Constitution.
'''. That the conduct of the late Convention, in
prescribing oaths and affirmations, to be taken for
the support of a Constitution unprecedented on this
continent, not to be altered or amended for more
than seven years, however exceptionable or dange
rous it might prove, and which the people have
had no experience of, nor have been allowed time
to take into their consideration, was a high viola
tion of the rights of the freemen of this date.
17. That it is the sense of this meeting, that the
people are generally and greatly diffatisfied with the
said Constitution.
24. That every Infpedor and Judge ought to
take the oath or affirmation prescribed by an ad of
Assembly of the late government of Pennsylvania,
made in the year of our Lord 1766, and entitled
“ An A& directing the choice of Infpedors, and for
holding the general elections in this province."
25. I hat the Members of Assembly, to be cho
sen at the said elections, ought not to take the oath
or affirmation, or to make or fubferibe the declara
tion mentioned in the tenth fe&ion of the Frame of
Government formed by the late Convention.
26. ihat when two thirds of the Members elec
ted have met and chosen their Speaker, before
they proceed to business, each Member ought to
make and fubferibe the following declaration
"I (mentioning his name) profels faith in God the
Father, and injefus Christ his eternal Son and in the
Holy spirit, one God blessed for evermore: And I
do acknowledge the Holy Scriptures of tlie old and
New Testaments to be given by divine infpiraticn,"
and to take this oath or affirmation, ''l, as a mem
ber of this Assembly, will not propose or assent to
anyad, vote or resolution, which shall appear to
me injurious to the people; nor do or consent to
any ad or thing that shall have # a tendency to
lelfcn or abridge their rights or privileges; but
will in all things conduct myfelf as a faithful and
honest Representative and guardian of the people
according to the best of my judgment and abilities.
I do renounce and refufe any allegiance to George
the I hird, King of Great Britain, his heirs or suc
cessors, or any in authority under him or them: and
I will not, directly or indire&ly, do any aa or thing
prejudicial or injurous to the fadepedance of Penn
sylvania."
27. That the said Assembly ought to have full
powers to make such alterations and amendments in
the Constitution aforefaid, as the laid Assembly shall
judge to be proper.
28. That the said Assembly ought alfo' to have
full power to enad such Ordinances as the emer
gencies of public affairs may indilpenfably acquire.
29. That after making such alterationsr-nd a
mendments, and enacting such Ordinances, the said
Assembly ought to publilh the said alterations and
amendments for the consideration of the people,
and then, if they (hall think proper adjourn them
frlves for a convenient time in order to cojleft their
sense upon such alterations and amendments, veil
ing a power in the Speaker to call them together
again before the time to which they shall be ad
journed, if it shall be necelLry.
30. Thar the carrying on the said election, with
out the electors taking the oath or affirmation pre-"
scribed by the aforefaid ordinance, of the 26th day
of September, ought to be considered and observed
by the Members of Assembly chosen at such electi
ons as express inftru&ions to them not to take the
oath or affirmation, or to make or fubferibe the
declaration mentioned in the tenth fedion of the
Frame of Government, to make such alterations
and amendments in the Constitution formed by the
late Convention, as the said Assembly shall judge to
be proper, and to conform to the two next proceeds
ing resolutions.
20. Ihat such alterations and amendments are
immediately and absolutely necessary for promoting
the happiness of Pennsylvania, and advancing the
welfare of our great American cause, and cannot
with fafety to the public be deferred.
21. That for the attainment of these salutary
purposes the freemen of the several counties in this
State be instantly and most cordially invited to ac
cede to the foregoing resolutions, and to agree to
and concur in executing the following,
22. That at the election to be held on the fifth
day of November next, the electors ought not to
take the oatli or affirmation required by the Ordi
nance of the late Convention, dated on the twenty
sixth day of September last.
2 3° That the infpe&ors and Judges of the said
election ought not to take the oath or affirmation,
recited in the Ordinance aforefaid.
ling some mode for making alterations and amend-'
ments within that period, if they should be judged
expedient, without overturning the government,
was a high violation of the rights of the freemen of
this State.