The Pennsylvania journal, or, Weekly advertiser — Philadelphia, Pa., 1776-07-17 00:00:00, page 2

of our infatuated adversaries, who, to gain a pepper-corn,
have loft an empire. * " Quos Deus vult perderc, prius de
mentat." , c ,
A gentleman, who was present at this ominous of lead
en Majesty, looking back to the original's hopeful beginning,!
pertinently exclaimed, in the language of the angel to lucifer,
•' If thou be'R he! But ah, how fallen! How chang d.
* Lord Clare in the House of Commons, declared that a pepper
corn in acknowledgement to Britain s rigat to tax Arnica, was of
-more importance than mlbons without it. T w
@@oo*^^o*^**^^ ***:
CONSTITUTION OF N E W-J ERSE,
WHEREAS all the constitutional authority, eve spollen
ed by the Kings of Great-Britain over thele colonies,
or their other dominions, was by compact derives tram tie
people, and held of them for the common interett of the
whole society ; allegiance and protection are, in the nature
of things, reciprocal ties, each equally d pending upon ^c
other, and liable to be diffoived by the o,hc, being refuted
or withdrawn. And whereas George the third, King or
Great-Britain, has refufed pio^ion to the good people of
these colonies ; aid, by assenting to sundry Ads of toe Brtt
i/h Parliament, attempted to tubjett them to the ablolute do
minion of that body ; and has aifo made war upon themm
the mod cruel and unnatural manner, for no other cause than
asserting their just rights, all civil authority under him is ue
ceffarily at' an end, and a dissolution of government in each
colony has consequently taken place.
And whereas in the present deplorable fixation of tuck
colonies, exposed to the fury of a cruel and relentlcfs enemy,
fume form of government is absolutely uecellary, not °J,Y
for the preservation of good order, but allo the more effec
tually to unite the people, and enable them to exert their
whole force in theit own neceifary defence ; and as the ho
nourable the Continental Cohgiefs, the Supreme Council of
the American colonies, has advised such of the Colonies, as
have not yet gone into the measure, to adopt for themlelves
refpeaively such government, as shall bed conduce to th^rr
own happiness and fafety, and the well being of America to
general ; we, the representatives of the colony of New-Je^ey,
having been eledled by all the Counties in the freeft manner,
and in Congress assembled, have, after mature deliberation,
agreed upon a set of Charter-rights, and the form of a consti
tution, in manner following, lidelicit : ,
I. That the government of this province i^^l be veiled in
a Governor, legislative council, and General Amenably. ?
11. That the said legislative Council and Assembly (hall be:
chosen, for the firft time, on the fecund Iwfdaj of duguf
next; the members whereof shall be trie fame in number and
qualifications as is herein after mentioned; arid Iliad be and
remain vefed with all the powers and authority to be held
by any future legislative Council and Aflembly of this colo
ny, until the fccond Tuesday in 08obc r , which will be in the
year of cu. Lord cue thousand seven hundred ahd feventy
ftven. ,
111. That on the said second Tuejda, in OHober, yearly and
every year for ever (wity the privilege of adjourning from day
to day as occasion may require) the counties shall feverahy
choose one person to be a member of the legislative council of
this colony, who shall be and have been for one whole year
next b fore the election, an inhabitant and freeholder ia-the
county in which he is chosen, and to be worth at least one
thousand pounds, proclamation money, of real and perlonal es
tate withip the fame county : That, at the fame time, each
county shall also choose three members of atlembly ; provid
ed, that no person fltali be entitled to a feat in the said As
sembly, nnlefs he be and has been, for one whole year next
before the cle&ion, an inhabitant of the county he is to re
present, and worth five hundred pounds, proclamation money
in real and personal estate in the lame county : That, on the
fccond Tuefdav next after the day of ek&ion, the Council and
Assembly shall feparate'y meet; and that the consent of both
houses shall be necessary to every law, provided ^ that seven
shall be a quorum of the Council for doing butinefs; and/
that no law ihall pass, unless there be a majority of all the
representatives of each body perfonaily present and agreeing
thereto. Provided always, That if a majority of the repre
lenwives of this province in Council and General Assembly
convened, (hall at any time or times hereafter, judge it equit
able and proper to add to or diminish the number or propor
tion of the members of the Assembly for any county or coun
ties in this colony, then, and in such case, the fame may, on
the principles of more equal representation, be lawfully done,
any thing in this char er to the contrary notwithstanding ; so
that the whole number of Reprfintatives in Assembly shall
not at any time be less than thirty-nine;
IV. That all inhabitants of 'his colony of full age, who
are worth fifty-pounds, proclamation money, clear estate in
the fame, and have resided within the county in which they
c t,im a vote for twelve months immediately precceding the
election, shall be entitled to vote for representatives in Coun
cil and Assembly ; and also for all other publick officers that
AmH be eleaed by the people of the county at large.
V. That the Assembly, when met, shall have power to
cho'fe a Speaker, and other their officers ; to be Judges of
the qualifications and elections of their own members; fit
upon their own adjournments ; prepare bills to be pafled iu-\
to laws, and to empower their speaker to convene them,
whenever any extraordinary occurrence shall render it ne-
ceffary.
VI. That the council shall also have power to prepare bills
to pass into laws, and have other like powers as the Assem
bly, and in all refpedb be. a free and indep f ndant branch of
the legislature of this colony ; lave only that they shall not
prepare or alter any monev bitt, which shall be the privilege
of the Assembly; that the Council fhaM, from time to time,
be convened by the Governor or Vice-President, but mud be
convened at all times when the Assembly fits; for which pur
pose the Speaker of the Houle of Ass m^y shall always im
mediately after an abjournment give notice to the Governor
or Vice-President of the time and place to which the house is
adjourned.
VII. That the Council and Assembly jointly at their
meeting, after each annual elf&ion, Ihall, by a majority of
votes, cleft some fit person within the colony to be a Gover
nor for one year, who shall be couftant President <f tire Coun
cil, and have a calling vote in their proceedings ; and that
the' Council themf^ves shall choose a Vice-President, who shall
act as such in the absence of the Governor.
VIIL That the Governor, or, in his absence, the Vice-Pre
sident of the Council, fell have the fupremc executive pow
er be Chancellor of the Colony, and aril as Captain General
and Commander in Chief of all the militia, and other milita
ry force in this colony ; arid that any three or more of the
Council shall, at all times be a Privy Council to advise the
Governor in all cases, where he may find it necessary to con
fu't them ; and that the Governor be Ordinary or Surrogate
General.
IX That the Governor and Council (seven whereof shall
be a Quorum) be the Court of Appeals in the last refoitin all
causes of law as heretofore; and that they poflefs the power
of granting pardons to criminals after condemnation in all
cases of treason, felony, or other offences.
X. That Captains, and all other inferior Officers of the mi-
I:6a, mail be chosen by the companies in the refpe&ive erun
iti, s • but field and general officers by the Council and Assembly.
XI. That the Council and fembly shall have power to
make the Great Seal 0 this colony, which shall be kept by
the Governor, or, in | I abfehce, by the Vice-President of
the Council, to be u , by them as occasion may require ;
audit ffiallbe called T \Grcat Seal of the Colons of New Jersey.
XIE That the Judg. $ of the Supreme Court thall continue
•in office for seven years, the judges of the Inferior Courts of
of Common Pleas in these, 'al counties, Justices of the Peace
Clerks o' the Supreme CcuK, Clerks of the Inferior Courts of
Common Pleas, and quartcr-Uffions, the Attorney-General
and Provincial Secretary, shall continue in office for five years
and the Provincial Treasurer shall continue in office for one
year ; arid that they shall be severally appointed by the
Council and Assembly in manner aforefaid, and commission
ed by the Governor; or, in his ah. nee, by the Vice-President
of the Council, raided always, That the said officers fe
derally shall be cap?' Ie of being re-appointed at the end of
the terms severally U^e limited; and tkat any of the said
officers (hall be liable to be d'Tmiffed, when adjudged guilty
of mifbehaviour by the Council on an impeachment of the
Assembly.
XIII. That the inhabitants of each county, qualified to
vote as aforefaid, shall, at the time and place of electing their
Representatives, annually cleft one Sheriff, and ore or more
Coroners ; and that they may re-elect the fame person to
such offices, until he fhalj have served three years, but no
longer; after which three years shall elapse before the
fame person is capable of being elected again. When the
Election is certified tQ the Governor or Vice-President, Under
the hands of fix freeholders of the county for which they were
ele&ed, they shall be immediately coramiffioned to serve in
their refpe'aive offices.
XIV. That the townships, at their annual town-meetings
for electing other officers, shall choose constables for the di
ftri&s refpeaively; and aifo three or more judicious freehold
ers of good character to hear and finally determine all appeals
relative to unjufta^ffments in cases of public taxation ; which
conimiffioners of appeal shall, for that purpose, fit at some
fuitabie time or times to be by them appointed, and made
known to the people by advertisements.
XV. That the laws of this colony shall beg ; n in the follow^
f r , ftfle, viz. Be it enaßed by the Conned and General Assembly of
tbis colto, and it is hereby enabled by the authority of the fame:
That all commiffiems, granted by the Governor or Vice Pre
sident. shall runf' $— The colony of New Jersey to A. B &c.
Greeting: And that all wiitfi shall likewifeaun in the name of
the colony-: And that all indiamems shall conclude in the
following manner, viz. against the peace of this colony, the go
vernment, and dignity of toe Jame.
XVI. That all criminals shall be admitted to the fame pri
vileges of witnesses and counsel, as their prosecutors are or
shall be entitled to.
XVII. That the elites of such persons as shall destroy their
own lives shall not, for that offence, be forfeited; but ffiall
defeend in the fame manner as they would have done had
such persons died in a natural way; nor shall any article,
which may occasion accidentally the death of any one, be
henceforth deemed a deodand, or in anywise forfeited on ac
count of such misfortune.
XVIII. That no person shall e^r within this colony be
deprived of the iueffimable privilege o' worshipping Almighty
God in a manner agreeable to the dilates of his own ccn
feience nor under any pretence whatfovex compelled to attend
any place of worship, contrary to his own faith and judgment;
nor shall any person within this colony ever be obliged to pay
tithes, taxes, or any other rates, for the purpose of building
or repairing any church or churches, place or places of wot
ffiip, or for the maintenance of any miniver or ministry,
contrary to what he believes to be right, or has deliberately
or voluntarily engaged himfelf to perform.
XIX. That there shall be no establishment of any one reli
gious fe^ in this province in preference to another; and that
no Frotefant inhabitant of this colony shall be denied the en
joyment of any civil right merely on account of his religious
principles; but that all persons, profeffing a belief in the
faith of any proteflant fed:, who will demean themselves
peaceably under the government as hereby established, shall
be capable of being elected into any office of profit or trust,
or being a member of either branch of the legislature, and
shall fully and freely enjoy every privilege and immunity en
joyed by others their fellow fubje&.
XX. That the legislative department of this colony may,
as much as possible, be preserved from all suspicion of corrup
tion, none of the judges of the fupremc or other courts, fee
riffs or any other person or persons possessed of any post of
profit under the government, other than justices of the peace,
shall be entitled to a featjn Assembly; but that, on his be
ing elected and taking his feat, his office or post shall be con
sidered as vacant.
XXL That all the laws of this province, contained in
the edition lately published by Mr. Allinfon, shall be and
remain in full force, until altered by the Legislature of this
colony (such only excepted as are incompatible with this
Charter) and shall .be, according as heretofore, regarded in
all refpe&s by all civil Officers, and others, the good people
of this province.
XXII. That the common law of England, as well as so
much of the statute law, as have been heretofore praAifed
in this colony, shall (fill remain in force, until they shall be
altered by a future law of the legislature ; such parts only
excepted as are repugnant to the Rights and Privileges con
tained in this charter ; and that the inestimable right of trial
by jury shall remaw confirmed, as a part of the law of this
colony without repeal for-ever.
XXIII. That every person, who shall bd elected as afore
faid to be a member of the legislative council or house of
assembly, shall, previous to his taking his feat in council or
assembly, take the following oath or affirmation, viz. I A. B.
do solemnly declare, that, as a member of the legislative council
(or assembly. as the caje may be) of the colon, of New-Je^ey, I
-will not assent to ay law, vote or proceeding, which fall appear
to me injurious to* the public welfare of said colons, nor that fall
annul or repeal that part of the third jeßicn id the charter of this
colony, which e/lablfas that the elections of members of the /<-
dilative council and assembly fall be annual, nor that part of the
twenty-second feftion in said charter rejpeßig the trial by jury,
nor that fall annul, repeal or alter any part or parts of the eigh
teenth or nineteenth feflions of the fame. And any person or
persons, who shall be elected as aforefaid, is hereby empow
ered to administer to the said members the said oath or affir-
mation.
Provided always, and it is the true intent and meaning of this
Congress, That if a reconciliation between Great-Biitain and
these Colonics Should take place, and the latter be again
taken under the protection and government of the crown of
Great- Britain, this charter shall be null and void, otherwise
to remain firm and inviolable.
In Provincial Congress, NewJerfey,
Burlington, 'July a, 1776.
B, Order of Congress,
SAMUEL TUCKER, President.
Extras from the Minutes, W. Patterson, Sec clary.
EE it ordained, by the Delegates of the several equities and
corporations in this colony, assembled in Convention, that if
any person fhali counterfeit, aid or abet in count erfeiting $
the Continental Bills of credit in this colony, or the paper
money of any of the United Colonies, or shall counterfeit, aid
or abet in counterfeiting, or making base coin, or who (hah
pay any filch in payment, knowing the fame to be coaoteifet
or base, every such person shall, on legal conviction, fuffcr
death, without benefit of clergy.
N E W-Y OR K, July ;§.
In pursuance of the declaration for independency, a gene
ral goal delivery, with refpe& to debtors, took pD^'h^e
on Wedhefday.
Last Friday morning it was reported in town, that Lord
Howe wasairived at Sandy Hook, with a large fleet from
England : Between one and two o'clock P. M, two (hips hovu
in fight and joined the fleet at the Watering Place ; about
an hour after a ship supposed to be the Pbamix, of 44 guns,
2 frigate of 28, and three tenders, got under way at States
Island, and flood up for this city. The army foots took the
alarm, a^d in a few minutes every man was at his Ration,
well provided with all necessaries for a vigourous defence ;
but as soon as the ships came near Bedlow's Uhnd, they in
clined towards the Jersey shore, to avoid our batteries' that
then began to play upon them from every quarter on both
sides of the river; and notwithstanding they must have re
ceived considerable damage, they flood their course up Hud
fop's river, firing several broadsides as they went along, with
out either killing or wounding any of our people, who en
the occasion behaved with uncommon bravery. A strong
southerly wind, and the tide of flood facilitated the fliips get
ting above the batteries near the town, but we hear they were
roughly handled about 12 miles up the river, from whence
they have not yet attempted to return, but we hear laid at
Tarry-Town, about 50 miles up the river, on Saturday ever
iog-
Several shot went thro' different houses in the town; two
into the house of Mr. Verdine Elfwortb, at Powlis Hook:
three into Capt. Clarke's house at Greenwich, one of which
went throj the front and lodged in a brick wall at the hc&a
of Miss Clarke's b-d, in her chamber, a fccond went through
the house, and the third destroyed several trees before the
door, a^d took its course into the woods.
A ball also ft tick the House of Mr. Daniel Phoety, anc
from that took its course to the new dwelling of Mr. Chrifto
pher Smith, in the opposite fide of the street.
Capt. Johtifton, in a small privateer from Boston, has tahcr
and carried into Cape Anae, two ships, one of them a large
three decker from Jamaica for London, with 400 hogfheatu
of sugar, zoo puncheons of rum, 30 bags of cotton, and a
large quantity of pimento, &c. with several lady paffengerr.
The other a ship from Antigua, bound to Bolton, with 4,?
puncheons of rum, &c.
'Tis said the fleet defined for the American station thi
summer, is as follows, viz. One of 70 guns, three of 6©, le
ven of 50, two of 44, seven of 32, twelve of 28, five of 24..
five of 20, two of 18, seven of 16, three of 14, three of 10
and three of 8; besides armed vessels, and one bomb ketch.
Secretary.
Since our last the Militia of this City, with a number c
Companies from the other parts of the province, have march
ed for New-Jersey.
The brig Polly, Capt. Lacey; the brig —, Capt.
Kelly ; Capt. Wells, in a schooner; and Capt. Patten, in £
hoop, belonging to this port, were taken by the Orpheus and
Kingfisher, off out capes, the beginning of this month, and
Capt. Wiley, in a pilot boat was taken about four weeks ag
Extract of a letter from Newbern, dated June 24, 17,6.
The Englifii fleet, about 50 fail in all;, lying off Charles
Town Barr, a few nights after theirarrival attempted laudin'
in a heavy fliower of rain and very dark, on Sullivan's Iflauv
but a regiment called the Racoon regiment being Ration:
there soon pus them to flight. I this moment saw a letter from
the Adjutant of the second regiment dated, at the Boutdar
house 1510 instant, that fays, the enemy have totally loft 3
their largest fliips crossing Charles-Town barr, twoof 40 a
one of 50 guns, and that 25 of the fleet had got in ov
the barr. My nephew is just returned from the Weft-Inch
On Monday last the Convention of this province wet at th
Statc-Houfe, but there not being a fufficient number of mem
bers present, they adjourned to the next day, when they rm
and chose Dr. Benjamin FRANKLiN/Prefident; Coleen
George Ross Vice-President; and John Morris, Et
Last Wednesday noon a soldier belonging to one of the
regiments on Staten Island, being in liquor, and having wan
dered from his companions, got upon the meadows near Eh
zabeth-Town Point; which being observed by Col. Smith,
who had the command that day at the Point, he sent over
partv of men who took him ptifoner.
PHILADELPHI A-
CFT A RLBS -T0 WN, (Suulb CeroTma,) May„
Extraß of aJe:te, from Savannah Ris,er, May 13.
“ All the Creek Chiefs that were expected are down, anti
fecm well difnofed; I hope we shall be able to keep them
quiet. I havcfeen letters from the Cherokees as late as the
7th just. The middle and lower towns seem to remember the
good f alks at Fort Charlotte, ^nd fay, that if the Over-hills
are for mifehief with the white people, the great ridge of
mountains Shall divide them, for they will have no hand in
it. Henry Stewart, Captains Colbert and Gift arc in tUe
Overfills; they came up the Miffifippi from the Chicafaw
landing, with a large supply of ammunition, were attacked
in the way by the northward Indians, who killed 3 or 4 of
the Indians and took or destroyed a part of the powder."
WILLIAMSBURG, (Virginia) July 4.
A gentleman from North-Carolina brings advice, that an
express was arrived at Wilmington; with an account of eight
fail 'of Clinton's transports being drove ashore off Charleftown,
and one of them totally loft, with several men.
A few days ago Lord Dunmore sent a flag from Gwyn's-
Itiand with a letter for General Lewis, wherein he prapofes
an exchange of priforers, and wants his countrymen, the
Highlanders. His Lordthip fen' no account of the persons in
his poffeflion, and it is much doubted whether he has a fuf
ficient number to answer his ptupofe
The following gentlemen are app tinted to the different Offices in the
New Plan of Government.
Patrick Henry, jun. Esq; Governor
John Page, Dudley Digges, John Tayloe, John B ir Ben
jamin Hanifon of Berkeley, Bartholomew Da d.-idg?, Charles
Carter of Shirley, and Benjamin Harrison of Brazen, C< un
fehors of State.
Thomas Whiting, John Hutchings, Champion Trevi's
Thoma, Newton, jun. and George Webb, Enquires, Com
miffi..n.rs of Admiralty.
Edmund Randolph, Esq; Attorney General,
Thomas Everard, and James Cocke, Esquires, Commif.
Loners for fettling accounts.
July 5. Last Tuesday was taken near the capes, and
moored fafe in Hampton creek, by Capt. Richard Barron, a
sloop from Providence with a large quantity of limes, pine
apples, turtle, &c. also two carriage guns, and 14 swivels.
An ORDINANCE, making it felony to counterfeit the Continental
Paper Currency, and for other purpofetherein mentioned.