The Pennsylvania ledger, or, The Virginia, Maryland, Pennsylvania, & New-Jersey weekly advertiser — Philadelphia, Pa., 1776-11-02 00:00:00, page 4

because, they think it their bounden duty to their
country, to give a! least all the peaceable opposition
they can to toe Frame " as established by the Con
-IventioiAll these worthy PennJjdvanians are thus
by u. e I'ort arbitrary and unjust lenience, reduced
to r^ sft^s in the State they have been defend
ing. ' .ur being worth fifty or ten thousand pounds,
a. 0 r ra> ,cypojed their lives in the service of their
t.cr^.r ire not Sufficient "evidence of a common
i^. f with, and attachment to this State," in the
judgment ot our patriotic Convention, very few of
whom have that " evidence" in their favor, anlefs
inn will swallow this infamous Test. What an in
sult is this on our brave Afodators ? What a vio
lation of their rights? What other Convention on
this continent has taken inch an enormous step ?
Our language has no terms adequate to the descrip
tion of its folly, injustice, and tyranny. What oc
cahm for this despotic edi&? Would it not have
been enough and more than has been done in other
States, to require electors to swear or affirm, “ that
they would be faithful and true to the Common
wealth of Pennflvania, and would not dire&ly or
indirectly do any aft or thing prejudicial or injurious
to the Independence of this State?" But that would
not have ihewn the authority and temper of our
matters. They knew their proceedings had made
them odious and contemptible, and particularly a
mong the^Afeciatorj who were lately in the service;
and therefore in the plenitude of their power and
wrath, they resolved, like so many Lord Peters in
the " Tale of a Tub," that their INFALLIBILITY
Jimll be bow'd down to " You blind, positive,
ignorant, wilful puppies We will use but this
one plain argument —damn you. This brown loaf,
as you call it, is true, go'd, natural mutton as any
in Leadenkall market." Swear or affirm to carry in
to execution a government you deleft and despise,
or renounce your birthright. What low cunning to
keep themlelves in power, by excluding honefl and
fcnfible men from voting? With these, they know,
they hand no chance. One gentleman, indeed, has
kindly informed us, that if we dont like the ma
nagement of affairs in Pennsylvania, we may remove
into other places—But, 0 beloved.State—Nurfe of
our childhood—Prote&refs of our growing years —
Parent of innumerable dear connexions— how can
we part from thee? We wilh thee, if the wilh be
lawful, an immortality of blessings, and for the
Share we take of thee, to repay thee, by all the
humble, tender, well meant offices in our power,
with filial gratitude —we wish to live with thee, or
if our fate or thine so require, to dye for thee, or
to perish with thee, Such are the ways and means
invented by our Convention to unite andfrengthen
us in this time of danger. Fatal ways and means I
fear they will prove. But what better could be ex
pe&ed from men so grossly ignorant of the laws of
their country, as in a Committee of the whole Con
vention to make the following resolution, which was
formerly reported to the Convention, and by them
deliberately published, to wit, “ No man or set of
men of any denomination or profeflion, are entitled
to particular privileges or exemptions from
punishment for offences; therefore the words,
'without benefit of Clergy, where the puniShment is
death, ought to be hereafter disused in Legislation,
and the puniflimens infliXed that ihall be directed by
Law." Poor fouls ! They are so bewildered in their
profound meditations for the good of posterity, that
they quite forgot they were in Pennsylvania. Where
did they difeover that tenet, that “ men of any de
nomination or profeffion are entitled to particular
privileges or exemptions from punishments."
They ought to have known, that our laws expressly
place all men without distinction, on the fame foot
ing with respect to " benefit of Clergy," and extend
it to those who cannot read as well as those who can.
What better could be expeXed from men so grossly
ignorant of the laws of their country, as to provide
by the 37th lection, that " the future legislature of
this State ihall regulate intails in such a manner as
to prevent perpetuities" When as I am assu
red by Several Councillors of my acquaintance, any
lad in Pennsylvania, unless he is very dull, who has
read eighteen months in a Lawyers office, knows,
that " intails are " already" regulated in such a
manner as to prevent perpetuities." Much such an
other instance of their sagacity have these sages gi
ven in the 42d fedion, where they make the natu
ralization of Foreigners to depend on their having a
"good character." Take care Foreigners, how you
behave, lead you offend some Convention men, who
dispute the “ goodness" of your " character," and
of course your right of Freemen of Pennsylvania.
Another instance of the sagacity of these renowned
Frame-makers appears in the last fedion, by which
they have carefully and expressly provided, " that
such additions to the new Frame as are neccessary
for the preservation of the rights and happi
ness of the people, shall not be made till within
two years after thefating of the Council of Cen
sors," who fiall not be chosen till seven years
hence. What body of men on this continent, ex
cept our Convention, has provided for the welfare
of a State, by positively prohibiting ads “ neces
sary for the preservation and happiness of the
people," till more than seve^ yearshence. It sure
ly is a new thought, and as thou faidft some time
a^o—" IT is all our own." It is a furprizing
But, what better could be expected from men,
who throughout their whole Frame of Government,
have never thought proper to fay a single word of
the qualifications as to property, that shall entitle a
man to be elected a Member of Assembly, and con
sequently to be one of our Sovereigns. They dont
even require that Strong evidence of a " common
iriteref with, and attachment to the State, of having
been compell'd by its Laws to pay public Taxes.
Yet they know, how cautious other States of Ame
rica have been on this point . By the new Frame,
a bankrupt not worth a Shilling, may be an Assem
blyman or Councillor. This is an omission, which,
of itfelf, if we are allowed to judge from the uni
form conduct of other States, would be fufficient to
overturn the whole Frame. Another mod extraor
dinary ir-regulation has been made with regard to
Courts of Justice. In the 20th feCtion, it is said —•
Courts of Sellions, Common Pleas, and Orphan's
Courts, shall be held quarterly in each city (query,
how many cities are there in Pennsylvania ?) and
county; and the Legislature shall have power to ef
tablijh such other Courts as they may judge for
the good of the inhabitants of the State." By these
words it is plain, that the power of the Legislature
is confined to the eflablifoment of other Courts than
those before-mentioned, with which the Legislature
have nothing to do, they being now efablijhed by
a higher authority, our Convention. Had not this
been the meaning of the Convention, they might
have said clearly—“ The Legislature shall have
power to establish Courts of Session, Common Pleas,
and Orphan's Courts, which shall be quarterly, and
such other Courts, as they may judge for the good
of the inhabitants of this State." The meaning of
the Convention being evident in this point, how are
the Sessions, Common Pleas and Orphans Court,
to be constituted? How many Judges are there to
be in each? Are the President and Council to ap
point as many Judges in the Common Pleas and
Orphans Court as they chufe? And to separate the
powers, it they please? Or are we to be on the an
tient footing, and are the fame Judges to fit in all
these Courts, as has been the usage here? If so, the
Jufices of the peace to be elected in each ward,
townfllip and district, must fit as Judges of the Com
mon Pleas and Orphans Courts, with the additional
powers of a Court of Chancery given by the 24th
feCtion. Indeed, the people of this State have not
been treated with so much refpeft, as to be inform
ed, how these important Courts that are to exercise
authority over them, are to be constituted, and there
is a total omission of any mode for conflituting them.
Another omission is this they have not in any
part of the Frame established a Court of Appeals,
which is absolutely necessary, arid has been done by
every State on this Continent, that has formed a
Government.
discovery referv'd for our Columbus's, that the true
way of promoting the prosperity of a people is to
forbid and prevent for more than seven years,
and perhaps for nine, things "necessary for their
preservation and happiness." I have heard,
that it is a good rule to keep poetical works for
nine years—but that is, in order to correct them
in that time. But our wife men of Gotham would
keep their political works for nine years, on pur
pose to prevent their being correCed in that time,
though " absolute necessity (fee the last feXion)
require it." This instance evinces the most afto
nithing dread of correction that ever I heard of,
and could have proceeded from nothing less than
an upbraiding confeioufnefs of deserving. Correction.
It alterations of the Frame " are absolutely neces
sary for the preservation and happiness of the peo
ple," which is the very case they put, in these
words, who can insure the people from defruCion
or misery, if the alterations are delayed for jo long
a time? That may be calling in the Doctor when
the patient is dying or dead. These seven or nine
years may give us and our posterity an inheritance
of wretchedness. Ought not this kind of " intail"
too, Gentlemen of the Convention, " to be regu
lated in such a manner as to prevent perpetuities?"
Why? Why Should Pennsylvania, so celebrated in
times past, now teem like Egypt with so many mon
strous productions, and so many contemptible Ido
latries.
As to the gross inconffencies of our Convention
one Specimen may Suffice. In the 9th fedion of the
Declaration of Rights" they fay, " that in all pro
secutions for criminal offences, a man hath a right
to a Speedy public trial by a fury of the county,
without the unanimous consent of which Jury, he
cannot be Sound Guilty;" yet, in the 22d fe&ion of
the " Frame of Government" they fay, "every offi
cer of State judicial or executive, may be impeached
for miJbehaviour by the Assembly before the Presi
dent or Viceprefident, and who Shall hear and de
termine the fame." Now, If “misbehaviour in an
officer of State" is a "criminal offence," if an
" impeachment" is a " prosecution," and if the
President or Viceprefident and five of the Council
(fee fedion 20) are not a "Jury," then, there is a
contradiction between the two foregoing clauses.
But it would be too irksome an employment to dwell
any longer on their mistakes. Upon the whole,
neighbour, it is a notorious truth, that the proceed
ings of our late Convention have diftreft the sincere
and hearty friends of free and equal government,
" The blessings they enjoy'd, to guard "
All the furies of our enemies only bound and uni
ted us the more closely together. But we never
expected that the madness aud outrage of our own
Countrymen would damp and difeourage our Spi
rits, by covering with the blackest clouds that
" Canaan," to which we believed we were travel
ling, and were willing to travel through a sea deep
ly "red" indeed. Rash and cruel Convention ! you
had a plain path before you, marked by many feet,
to the fair temple of Freedom and Concord, to which
you might easily have led your confiding and fol
lowing Country. Now, instead of performing this
duty, infatuated with a pailion for romantic adven
tures you have brought them into a " wilderness;"
you have ere&ed "Calves" for them to worship;
and have "hewed out for them cisterns, broken
cisterns that will hold no water." You have held
out to them terrors they never thought of—terrors
from bretheren. With their face to the foe you
have ftabb'd them behind. You have called off
their attention from dangers of another kind to in
ternal dangers. You are the worst enemies to
America we have yet seep. In the last century the
mifhapen projects of bodies called Parliaments,
pav'd the way to the peaceable Restoration of Roy
al Authority in Great- Britain, when all the attempts
of force had been fruftrated, and it appeared to be
totally annihilated; and zeal without knowledge
may produce the fame effect here. A few Pennsyl
vania Conventions will go far towards making the
Swords drop from many hands that now wield them.
You have devised new fashioned yokes for our necks;
but, thank Heaven, they are not yet clinched upon
us; and I trust in the spirit of Pennsylvania they
never will be. If they Should, one may tell, with
out prophecying, wnat the consequence must be.
" Time is" NNeyet are at Liberty to form such
a government as will yield us a propped of happi
ness, and afford us encouragement to prosecute with
united and unremitting vigor, our refinance against
foreign oppreflion. Well begun is half done:
But if we once fuffer a government, so generally
despised and execrated, to be established, it must be
overturned, and in all probability by public con
fufions. These may produce general ruin. The
honor of Pennsylvania, prudence and our true in
terest require us instantly to vindicate our Rate from
the Shame, confufion and danger to which we are
exposed, and consign our Convention as the bare
bones Parliament of these days to future historians,
that they may enliven with an intervening gleam of
mirth, the many mournful pages that will be gloom
ed over with the records of national calamities.
These are the sentiments of as good men as any
among us s men willing to venture their lives in
the defence of their country —men, who have ven
tured their lives in the defence of their country.
They have waited quietly, patiently and refpe&-
fully for the result of the deliberations of the Con
vention, hoping they would pay so much regard to
the judgment of the Congress and of other States
on this continent, as to give us a Government fimi*
lar to such as have been lately established, and un
der whicli we might expe& to enjoy the blessings we
were ready to fight for—A Government, by which,
our sacred Religion, a well tempered Legislature, a
firmly fectled Executive, and a respectable indepen
dency of the Judicial might be Secured. What a
miserable disappointment have we buffered! What
affliction has been added to minds already afflicted—
wantonly added! What a Rate of fluctuation are
all things left in! What ample provision is made
for continued confufions and diftraCtions! Our Re
ligion is wounded. That blow no mortal could
fufpeft. Our Legislature fngular in its kind, and
thought dangerous by the moil experienced enqui
rers into the fubjeCt of Government. Our Execu
tive and Judicial unduely dependent, &c. The fa
tisiaclion, the tranquility, the order, the Security,
the happiness, we had a right to derive from a Con
vention appointed to frame a Government for us,
are all vanished. The rich origin Ore of our Free
dom was put into their hands, to ereC f a more than
golden Statue to the Genius of our country on a
Solid basis. charged with trophies of expiring Ty
ranny. The careless and unfkilful workmen have
walled great part of the ineflimable materials, and
have given us a clumsy, tottering image, composed
like that in Nebuckadnezzer's vision, chiefly of
" brass, iron and clay," that needs no " Slone" to
dash it in pieces.
and of our great American cause, more than any
thing that has happened on this continent, since
the commencement of the present contest with
Great-Britain. The repitition of ads of cruelty on
her part, the casualties of war, and the personal
inconveniencies, dangers, and misfortunes arising
from her revengeful conduct they manfully expeded
" With hearts resolved and hands prepar'd,
DROPPED or Stolen the 15th inst. a SILVER
WATC H, Makers name Charles Gilefpy,
Dublin, N o . 1059, with a Steel Chain and a Cor
nelian Seal in a gold swivel carriage. J. C. on a
cypher on one fide, and a coat of arms on the
other, with a Swan and chain for the crest. SIX
DOLLARS reward will be given by the Printer
hereof for the Watch and Seal, and if Rolen FIVE
POUNDS for the Thief. . * Offober 17.