The Pennsylvania journal, or, Weekly advertiser — Philadelphia, Pa., 1776-10-23 00:00:00, page 3

~ That federal regulations essential to the welfare of the
community are omitted in the Aid Constitution. f
& That several regulations improper to be taken notice of
therein, are mentioned in the said Constitution. *
~'That the said Constitution is confufed, inconfident,
and dangerous.
io. That the said Constitution ought to be altered and
amended.
11. That no mode is fettled by the said Confutation for al
tering or amending the fame, but that of a Convention to
meet more than fcvcn years hence, IF a Council of Confers fha.ll
be chosen in the year 1783, and IF t°wo thirds of that Council
shall agree to call such Convention to meet within two years
afterwards.„.
rx. That the late Convention on the fifth day of Septem
ber last, in the afternoon, as appears from the minutes of
their proceedings, ordered four hundred copies of the proposed
plan of government to be printed and published, " for
consideration ;" and on rhe sixteenth day of the fame
month, proceeded on the confirmation thereof, making only
immaterial alterations.
13. That thereforethe late Convention did not allow time
to the People of this State to take into their consideration the
proposed frame of government.
14. That the late Convention d ; d not know, that the said
frame of government would be agreeable to the People.
Is. That therefore the conduct of, the, late Convention, in
eftabl firing the Conftiution aforefa^d alfolwel, for mere than
seven years, and not fettling some mode for making alterati
ons and amendments 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.
16. That the c< ndu& of the late . Convention, in„prcfcri
bing oaths and affirmations, to be taken for the fopport of a
Confutation unprecedented on this continent, not to be al
tered or amended for more than riven years, however ex
ceptionable or dangerous it might prove, and which the Fco-
VPON ANOTHER;" for in their address to tire inhao,auts
of Canada, mentioning government and the detestable frame
established for that province by a late flatuie, they Hy,-^
" The several powers bring Separated and distributed into Af
ferent hands for checks, one upon another, is the only
effectual mode e^er invent d by the -wit of men, to promote
their Freedom and Prosperity." But here, is no '• dif
tributio^of power into different hands, that" one m, check ano
ther " On the contrary, the executive and judicial powers are
made undnciv dependant on a fingiedegiflative body, the As-.
fembly: So that in truth the legislative, executive and judicial
powers may be said to be united in one body, the Assembly,
tho' there is a semblance, on a flight view, of their being Se
parated. Indeed, the refemblan.ee between the said confuta
tion and the artful, but drfttu&ive one, eftahd^ed by the
Harare before-mentioned,is so great, that the following words
of the Congress suit the one as well as the other, only chan
ging the word " minifler" for the word " Affembh."—" Here
is indeed an appearance of the several powers being fep&
rated &c" as before. “ But examine the specious devices and
you will find it. to use an exprefhon of holy writ " a
•whited febukhre." The lef%tir, executive, 2nd judicial pow
ers are all moved by the nt ds of a mi i ?er.
If anv reasonable man could poffihly # entertain a doubt,
concerning <be meaning of the Congress, in using the words
before quoted, that meaning will be clearly explained by the
several Confutations lately formed on this Continent with the
advice and assistance of those very Gentlemen in their ref
pedtive States, who as members of Congress urid the before
quoted words, and must have known their own meaning.
How widelv the, said Constitution differs from the sentiments
of the mos fdifrnguifhed writers on the fubjett of Govern
ment, will appear by the following quotations from two
authors of so high a reputation among civilized nations, that
it is needless to add any others. c
The Baron de M^teftuierc " whole name (the Congress
declare) all Europe reveres, fays—The political liberty or the
fubje&, is a tranquility of mind, arising from the opinion c-ach
person has of his fafety. In order to have this liberty, it is
requisite the government be so constituted. as one man nee
not be afraid of another. When the legislative and executive
powers are united in the fame person, or in the fame body of
Magistrates, there can be no Liberty; because ap
prehensions may arise, lead the fame Monarch or Senate
should enaß tvrannical laws, to execute them in a tyrannical
manner. Again, there is no Liberty, if the power of
judfog, he not separated from the legislative and executive pow
ers'.” si There would be an endof every thing,
were the fame man or the fame b dy whether of the Nobles,
or of the people, to exercise those three powers, that of enacting
laws, that of executing the public tefolutions and that of judg
ing the crimes or differences of individuals." The learne
Baron then proceeds with a long and much admired chapter
on the Englifb constitution, wherin he greatly commends its
distribution of legislative power into several branches, &c. which
cannot be inserted in the compass of these notes.
Mr. Addison, the strenuous and undaunted advocate for
virtue, piety, liberty arid just government, even in a corrupt
age, (and though conversant in courts) fays "If there be
but one body of legislators it is no better than a Tyranny ; it
there are only two, there will want a casting voice, and one of
(hem mud at length be [wallowed up by deputes and contention,
that would necessarily arise between them. Four would have
the fame incooveniencies as two, and a greater number would
eaufe too much confufion."
f tft, Not tftahlifliing a Court of Appeals.—zd'y, Not
certaining the number of fudges in the Common Pleas and Or
phans Courts,—whether the fame persons are to be Judges in
both Courts and in the Sessions, as ujual heretofore, —or whe
ther the powers are to be feparated,—if to be separated, who
Is to do it, as the power of a future Legislature is by the 26th
fraton of the frame expressly confined to “ other" courts—
if not to be separated whether any other Judges are to be ad
ded to the Justices of the Peace chosen by the people—and b,
whom to be added.— 3 dly, Not determining what qualifi
cations as to property, (hall enable a man to be chosen a
member of Assembly, and thereby become one of the sove
reigns of Pennfrivania — 4 thly, Not providing what laws (hall
be in force within this Sfate, &c. &c. &c. &c. .
* Relating to —rft, Insolvent Debtors —adly, Fishing,
fowling and bunting—?dly, Intails—&c. &c. &c.
The late Convention ordered, that " the future legislature
of this State fall regulate Intails in such a manner as to pre
vent 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.
See the note with this f mark. In one part, a tria by
jury is eftabliffied in all cases without exception, in another part
persons may be tried and condemned by fa of the Coun
cil—The Council of Censors may pass public cenfurcs ^b
out trial, which censures may be wnrfe than death. he
Council of Censors and the Convention co be called by them
arc to be vested with powers, that will OCcaffon COGVulhonx
in the Bate, &c. &c. &c. &c.
vcntion.,,, f
%6. That when two thirds of the members ele&ed have
met and chosen their speaker, before they proceed to busi
ness, each member ought to ^ake and lubicribe the follow
ing declaration. " I (mentioning his name) profefs faith in
GOD the father, and in JESUS CHRIST his eternal foo,
and in the HOLY SPIRIT, one GOD blelLed forever more:
And I do acknowledge the Holy Scriptures of the Old
and New Testaments to be given by Divine Inspiration,"
acd to take this oath or affirmation, " I, as a member of this
Assembly, will not propose or assent to any a&, vote or re
fclriiiou, which (hall appear to ine injurious to the people;
nor do or cemfent to any aft or thing that (hall have a tenden
cy to leffcn or abridge their rights or privileges ; but will in
all thing's conduct myfelf as a faithful ardhoueft Repiefen
tative and guardian of the people, according to the belt of
m y judgment and abilities; Ido renounce and refute any
allegiance or .obedience to Gtorge the Third King of Great-
Britain, his Heirs or Successors, or any in authority under
him or them, and.l will not directly or indirectly do any
act or thing prejudicial or injurious to the Independence of
Pennsylvania.''
,27. That the said Aflemhiy ought to have full powers to
make such alterations and amendments in the Conftitutioo
aforefaid, as the laid Assembly (hall judge to be proper.
28. That the said affemby ought also to have power to
enact such Ordinances as the emergencies of public affairs
may indifpentably require,
29. That after making such alterations and amendments
and enacting such ordinances, the said Assembly ought to
publish .the said alterations and amendments for the cohfidera
tion of the people; and then if thry fliall think proper, adjourn
thcmfelves tor a convenient time, in order to collect Iheirfenfe
upon such alterations and amendments, vesting a power in
the Speaker to call them together again before the time to
which they dull adjetirn, if it (ball be necessary.
3@. That the carrying on the said election without the
electors taking the oath or affirmation prescribed by the afore
faid ordinance of the twenty-fifth day of September, ought to
be confidcred and observed by the members of Assembly
chosen at such elections, as cipiefs inttruCtions to them, not
to take the oath or affirmation, or to make or fubferiba the
declaration mentioned in the tenth fedbon of the frame of
government, to make such alterations and amendments in the
conftitutioo formed by the late Convention, as the said Assem
bly (hall judge to be proper—and to conform to the two next
preceding resolutions.
31. That no Counfellors ought to be chosen at the elec
tion to be held on the fifth day of November next.
THE Inhabitants of the Northern Liberties, the Diftri# of
Southwa k, Moyamenfing and Paffyunk, are earnestly
requeued 10 meet at the house of Mr. James Nevill, the sign
Of the Rainbow in Second-street continued, commonly called
Campenton, next Friday at two o'clock in the afternoon, on
business of the greater importance to this State.
r-pHE Inhabitants of Philadelphia County are earncftly re-
I quested to meet at Chefnut Hill next Saturday at twelve
o'clock, on business of the greatest importance to the good
people of this State.
Princeton, October ad, 1776.
THE Students of the College of New-Jersey, and all who
intend to enter there this fall, are desired to take notice,
that the Vacation will fee up and College Orders begin to take
place on Monday the 4th of November. They are also de
sired to remember, that on Wednesday the 6th the Chambers
will be fixed and assigned, so that those who do not appear
thatday will lose all claim from their former possession, uplefs
they have leave of absence previously liked and obtained.
The Grammar School will begin at the fame time, where boys
are taught the Languages, Writing and Arithmetic with the
utmost care.
Just Published, and to be Sold, by
WILLIAM & 1 HOMAS BRADFORD,
The Journals of the Proceedings of the
CO N G RE S S,
Heid at Philadelphia, from September to January last.
- V~E'ND~U E,
At JAMES LO UG H E A D's
To-Morrow morning at NINE o'clock,
The ASSORTMENT GOOD and VALUABLE.
On MONDAY the 28th instant, at 9 o'clock, will be fold
at PUBLIC VENDUE, at Bright and Pechin's wharf,
580 barrells of Spermaceta OIL,
Taken on board the brigantine Sherburn by the privateer
brig of war Hancocks
ple have had no experience of, nor have been allowed time
to take into their consideration, was a high violation of the
Rights of the Freemen of this State.
17. That it is the sense of this Meeting, that the People
are generally and greatly diffatisfied with ^hc said Conftisu
tion. , - .
18. That it is the sense of this Meeting, that the late iq
creafe of the number and infoience of tories and persons
di faffedted, to the Independance of this State, and the feeble
nefs of its public measures, arc greatly owing to that general
diffatisfiaion.
19. That more dangerous consequences may be, expeacd
unicfs the unhappy causes of such diffatisfa&ion can be re
moved, by procuring proper alterations and amendments to
be made in the said Confutation.
20, That such alterations and amendments are immedi
ately and abfohuely necessary for promoting the happiness ,of
Pennsylvania, and advancing the welfare of our great American
caufa and cannot with fafety to the public he defend.
21. That for the attainment of these salutary purposes the
free,men of the several counties, in this date be infhntjy 'and
moll cordially invited to accede to the foregoing resolutions,
and to agree to and concur in executing the following.
22. That at the clcaien.to be held on the fifth day of No
vember next, the elcaors ought not to take' the oath or affir
mation required bv the ordinance of the late Convention, dat
ed ,on th, twenty sixth day, or September last.
23. That the infpe&rs and judges, of the said deaipu
ought not to rake the oath or affirmation recited in the ordi
nance afo^fiid,,
24 That every infpe&or or fudge ought to take the oath
or affirmation prefcribd by an a& of Assembly of the I,ate go
vernment of PL nfylndnia made in, the yelr of Cur Lord 176%,
and entitled ” an Aa directing the choice ofJnfpe&rs, and
for holding the general elections in this province,"
25. That the members of Assembly to be chosen at the
said election, odghtnot to take the oath' or affirmation or to
make Qi fubferibe the declaration mentioned in th- tenth lec
tion of the fiame of Government formed by the late Coo-
Port of Philadelphia, 7 < ,
n rr r whom it TOLV concern.
Aennfylvania J
NOTICE is hereby given that a Court of Admiralty will be
held at the State-house in the city of Philadelphia. •n
Monday the eleventh day of November next, at ten o'clock in
the forenoon of the fame day, then and there to tiy th? truth
of the fads alledged in the biH of Wingate Newman (wh^as
well, &c.) agaieft the Brigantine or vessel called the Sherburne,
lately commanded by JONATHAN BURNFLL, burthen
about seventy five tons, together with her tackle, apparel and
furniture and cargo, to the end and intent that the own r or
owners thereof, or any persons concerned therein, may ap j
pear and (hew cause, if any they have why the fame sh uld.
not be condemned, according to the prayer of the said bill.
By order of the Judge; v,.
,I ANDR W ROBESON, ReriPer.
TWENTY DOLLARS Reward.
RAN-AWAY, on Friday the third in(t<nt, (Oct ) ; young
Negro woman named BET, of middling datui, *h,ck,
fat, and likely, her ears boed for rings. Had on a black ala
mode bonnet with lace, an old blue Ihalloon jacket and pet
ticoat, white linen fhift, handkerchief, and apron, pale b ; ue
worried flockings wiih red clocks, high heeled black leather
(lines and silver buckles. —Took with her air half worn fca -
let cloak, new purple, and yellow checked fluff jacket and
petticoat, whie linen ditto, blue and white damped linen
ditto, cambrick.apron, red and white calico /(hurt gown,
and black bombaze<n quilted petticoat. I have.been inf rul
ed that a Negro woman, .^nfwering het defcrip ion was fern
at Brunswick in New J<if y with feme f.rdrer', bu to 's
Ido no# give iotire credit.—Any person deTveijng rhe laid
Negro woman to Mr. Michael Clarke in Chef art-itreet, Phi
ladelphia, to any of the Maryland officers at camp, or to the
fubicriber in Charles county, Maryland doll have th p above
reward and rcafonable ch.rg^s.,^ THOMAS SI ONE.
FIVE 'POUNDS Reward;,,?
RUN- AWAY. from the fubfcribir the 29th or September,
living in CharJeftown townthp, : Coefter county, ,a
Irish fervent man named JOHN PEARSLY has ruraway
three times before, and is a notorious thief, has a down bad
look, large eye-brows, brown (hort hair, yellow, teeth,
chews tobacco, is a fh"rt well set man ; had on an oznabrigs
frowfet, and shirt patched, a jacket wi.h flannel backs the
foreparts fivaufkin, such as is.commonly uf< d for fadde
cloa ha of a bue (bipe, an old coat Rolen; he may have
changed his cioaths, an he. was p.muaded and assisted by a
certain biniel Moore of the afor,faid townfoip.— Whoever
fecurcs the (aid servant in any gaol,,fo that hr .m^ftir ruay
have him again, (hall have the above reward, and ah ryafon
able charges paid by, RICHARD SWANWICK.
^N-B. He had a-oidloek on one leg when he went away.
By the. fubririber, ~
AVERY valuable PLANTATION, or track of land,
containing one hundred and hit, two acres, upwards
of sixty acres of which is wood-land, eighteen acre, of mea
dow, and more may be made; the remainder exceeding good
for any kind of grain, and remarkable for early pafturr, in
a very healthy and plcafant situation, whereon is erc& d a
brick ho.ufc t a frame barn, and under the barn room for
fourteen cows, a (table, calf, poultry, and spring house,
which spring never fails, a large and good garden paired in;
a well of excellent water at the end of the house,. a young,
orchard of one hundred and fixy tre£s of the bed kinds,
chiefly grafted, and a number of bearing trees; the whole
lituate io Nether Providence, Ch fter county, ^ihid fxeca
miles of Philadelphia, and four of C (ter —A clear title
will be given by THOMAS VICKERS.
A PORTMANTEAU in Germantown, be ween the 6
and 7 mile stone, with funds, ki ids of eloa'ht.—Any
person proving their property, and paying charges, may
have it again by applying at the house of the. widow Norris, /
in the towofh^p aforefaid, at the sign of the King of
Fruffii. 1 October 5, ^776. '
D ESER TE'D, ,
T7ROM Capt Samuel Ransom's Company of Mufquetiy, 02
Jr the evening after the 26th of September, a certain
GEORGE BARTLE®! and EZRA IRWIN, both natives of
the Weft of England, the former about 5 feet 5 inches high
3$ years of age; had on when he went away, a white frock,
and tsowfers, felt bat, and the later about § feet p inches high,
lightifh coloured hair; had on when he went away, a whitish
jacket, coarse shirt and tow treufers. Whoever take up the
said deserters and secures them so that they may be had again,,
(hall have TWELVE DOLLARS REWARD, or SIX DOL
LARS for either, and all rcafonabU charges paid by me,
f SAMUEL RANSOM, Capt.
EIGHT DOLLARS REWARD.
RAN AWAY the xift of this instant, (October) from the fab-/'
scriber living in the Northern Liberties.
AWelfh Servant Lad, named DAVID THOMAS, about
14 years of age, frefh coloured, blac^ hair, thick ancles-;
Had on and took with him, a half worn felt hat, a striped
linfey upper jacket, a red under jacket a pair of brown sus
tain breeches, a pair of striped trowfers, &c. Whoever take
up and secures said servant so that his master mafe have him
again, dull receive the above reward, and reafonoble charges
paid by GEORGE LEIB, Tafiner.
N. B. All Masters of vessels are forbid to harbour him c£
catry him off r their peril. 1
TWENTY DOLLARS Reward;
STRAYED or STOLEN out of the pariure of the Snbfcriber,
on Saturday night the §ih instant,
ONE black HORSE, five years old, about fifteen hands
high, well set, with a fmaliftar in his forehead ; and one
dark brown MARE, three years old, about fifteen bands
high, with a star in her forehead, a white Break down her
nose, one wall eye, and all four of her feet white. Whoever
takes up and feeuws the said HORSE and MARE, so that the
owner may have them again, (hall receive the above reward,
and all reasonable charges paid by
LUCAS WESSELS.
Aquacanock, New Jersey. O/Mcr 8. w
WAS broke open, the house of Capt. M KNIGHT, and
the following articles stolen, viz. Three £0 dollar bills,
two gold half-joes and a gold dollar, three four-dollar and
two feVen-dollar bills, two pair of silver buckles without an
chors or tongues, which, if offered for (ale, it is hoped will
be flopped. Whofoevcr ihall apprehend the thief or hievei,
so that he or they may be brought to justice, and the things
and money got again Shall have FIFTEEN DOLLARS,
Reward, add seasonable charges paid, b.v
f MARX M'KNIGHT.
TO BE SOL D,
WAS FOUND,