The Pennsylvania gazette — Philadelphia, Pa., 1776-11-20 00:00:00, page 2

Vittde of the whole State re to be preferred to that of
twenty or thirty of our gentry. If this council Should
become ambitious arid tyrannical, it mud exercise its pro
jects on itfelf; but an upper hcufe, boufe of lords, or
legislative council, contifting of a small number of gran
dees, cab at any time gratify their ambition and thirst
for power at the expence of the people. I challenge the
universe to shew me, any other checks to the encroach
ments and abuses of power equal to these. lam sure
those who are so violent against the new form have hi
therto proposed none such. But pardon me, it is not
more or better checks they aim at; for they have pre
pared inftruCtions to get some of the belt removed out of
the way. They don't want their conduct to be too nice
ly enquired into.
There is one other security, which the present corrupt
state of government throughout the world thews to be
neceffiry, provided in your frame of government. Every
seventh year, you are to cleft a few honest men to infpeCt
into the state of your laws, to examine the accounts of
your public officers, fee whether the, have done their
duty faithfully; whether they have applied your money
to the purposes for which you granted it, and whether
they have pocketted any of it or not. This is what these
gentlemen seem to dread, as the devils do the day of final
retribution. For in a paper addressed to the inhabitants
of the city and liberties^ signed Samuel Howell, it is stiled
the political iftqui/ition. Au inquisition, which honest
men can never dread: but which villains ought always
to tremble at the thought of. An inquisition as necessary
to keep your rulers from embezzling your money, or
employing it to corrupt your virtue, and undermine your
liberties; as an Assembly is te make your laws. What
would not the virtubils part of the people of Britain give
for such a council? How many millions would it annually
save to the nation, which are now squandered away upon
placemen, pehfioners, contractors, and the venal herd
of government emiflaries ? But men, who love power,
hate to have their conduct enquired into; how they can
address you to have such a barrier againit the encroach
ments of power removed out of the way, or appeal to
heaven for the purity of their intentions, in the fame
breach in which they condemn the Council of Centers,
be belt can tell who fees the inmost recedes of the heart,
and reads the thoughts, and who will certainly call those
to account hereafter who abuse the talents he has be
llowed upon them.
N. B. They mult be earnestly bent on power, who will
hot wait for one seven years, and who will set their
names to papers, wherein the highest centiare is palled
upon the best 'fectirity of the people—while a Council of
Censors is preserved, as directed in the last feClipn of the
plan of government, it will be impossible for those in
powered abuse their trust or embezzle your money; but
alas ! this is a dangerous innovation in government, and
gentlemen w # n’t have it. The Council of Censors must
by all means be destroyed, that gentlemen *ay have full
room to govern you as fliall belt suit their indefinite wis
doms and honours.
ANNAPOLI S, November 14.
Extracts from the Proceedings of the Convention,
November 1776.
A DECLARATION of RIGHTS agreed.^ by He
Delegates of Mayland, in free and full Contention
afenbled.
fc l™ H E Parliament of Great- Britain, by a declaratory
act, having aftumed a right to make laws to bind
the colonies hi ail cases whatsoever, and in pursuance of
such claim endeavoured by force of arms to subjugate the
United Colonies to an unconditional fahmiffion to their
will and power, and having at length constrained them to
declare themselves Independent States, and to assume
government under the authority of the people, therefore,
We, the Delegates of Maryland, in free and full Con
vention affembted, taking into our most serious consider
ation the best means of eftariithing a good constitution
in this State, for the sure foundation, and more perma
ment security thereof, declare.
I. That all government of light originates from the
people, is founded in compact only, and instituted solely
for the good of the whole.
2. That the people of this State ought to have the sole
And exclusive right of regulating the internal govern
ment and police thereof.
3. That the inhabitants of Maryland are entitled to
the common law of England, and the trial by jury,
according to the course of that law, and to the benefit
of such of the English statutes, as existed at the time pf
their firft emigration, and which by experience have been
Found applicable to their local and other circumstances,
and of such others as have been since made in England,
or Great-Britain, and have been introduced, used, and
pradifed by the courts of law or equity; and also to all
aCts of assembly in force on the frit of June seventeen
hundred and feventy-fovr, except such as may have since
expired, or have been or may be altered by aCts of Con
vention or this Declaration of Rights, fubjeCt neverthe
less to the revision of, and amendment or repeal by the
legislature of this State; and the inhabitants of Mary
land are also entitled to ail property derived to them
from or under the charter granted by his Majesty Charles
the First to C^cilius Calvert, Baron of Baltimore.
4. That all persons invested with the legislative or ex
ecutive powers of government are the trustees of the
public, and as such accountable for their conduct; there
fore, whenever the ends of government are perverted,
and public liberty manifeftly endangered, and all other
means of redress are incfieCiual, the people may, and of
right ought, to reform the old or eftabliih a new govern
ment; tlie doctrine of non-vefiftance against arbitrary
power and oppredion is absurd, llaviih, and destructive
of the good and happineSs of mankind.
5. That the right in the people to participate in the
legislature is the best security of liberty, and the founda
tion of all free government; for this purpose, elections
ought to be free and frequent, and every man having
property in, a common intered with, and attachment to
the c nnmunity, ought to have e right of fuffrage.
6. That the legislative, executive, and judicial powers
of g wernment ought to be Ar ever Separate and diftiuCt
from each other.
7. That no power of suspending laws, or the execu
tion of laws, unless by or derived from the legislature,
ought to be exercised or allowed.
8. That freedom of speech, and debates, or proceed
ings. in the legislature, ought net to be impeached in
any other court or judicature.
9. That a place for the meeting of the legislature
ou at to be fixed, the molt convenient to the members
thereof, and to the depository of the public records, and
the legislature ought not to be convened or held at any
other place but from evident ueceffity.
10. That for redress of grievances, and for amending,
^lengthening and preferring the laws, tks legislature
ought to be frequently convened.
it. That every man hath a right to petition the le
gislature for the redress of grievances, in a peaceable and
orderly manner.
12. That no aid, charge; tax, burthen, fee or fees,
ought to be set, rated or levied, under any pretence,
without the content of the legislature.
13. That the levying taxes by the poll is grievous and
oppressive, and ought to be abolished; that paupers
ought not to be assessed for the Support of government,
but every other person in the; State ought to contribute
his proportion of public taxes Tor the Support of go
vernment, according to his actual worth in real or per
sonal property within the State ; yet fines, duties, or
taxes, may properly and justly be imposed or laid with
a political view for the good government and benefit of
the community.
14. That Sanguinary laws ought lo be avoided, as far
as is confident with the Safety of the State; and no law
to inflict cruel and unufu^l pains and penalties ought to
be made in any case, or at any time hereafter.
15. That retrospective laws, punishing faCts committed
before the exigence of such laws, and by them only de
clared criminal, are oppressive, tinjuft, and incompatible
with liberty; wherefore do e.x,of fa3o law ought to be
made.
16. That no law to attaint particular persons of trea
son or felony ought to be made in art, case; or at any
time hereafter.
17. That every freeman for any injury done to him in
his person or property ought to have remedy bt the
course of the law of the land, and ought to have justice
and right, freely without sale, fully without any denial,
and speedily without delay, according to the law of the
land.
18. That the trial of fads where they arise is one of
the greatest Securities of the lives, liberties, aid estate of
the people.
19. That in all criminal profecuticns, every man hath
a right to be informed of the accusation against him, to
have a copy of the indictment or charge in due time (if
required) to prepare for his defence, to be allowed coun
sel, to be,confronted with the witnefies against him, to
have process for his witnesses, to examine the witnesses
for and against him on oath, and to a speedy trial by an
impartial jury, without whose unanimous consent be
ought not to be found guilty.
20. That no man ought to be compelled to give evi
dence against himfelf in a court of common law, or in
any other court, but in such cases as have been usually
praCtifed in this State, or may hereafter be directed by
the legislature.
2X. That no freeman ought to be taken or imprisoned,
or diffeifed of his freehold, liberties, or privileges, or
outlawed, or exiled, or in any manner destroyed, or de
prived of his life, liberty, or property, but by the judg
ment of his peers, or by the law of the land,
22, That excessive bail ought not to be required, nor
excessive fines imposed, nor cruel or unusual punish
ments inflicted by the court of law.
23. That all warrants, without oath or affirmation, to
search fufpeCted places, or to seize any person or pro
perty, are grievous and oppressive ; and all general war
rants to search fufpeCted places, or to apprehend fufpeCf
ed persons, without naming or describing the place or
the person in Special, are illegal, and ought not to be
granted.
24. That there ought to be no forfeiture cf any part
of the estate of any person for any crime, except mur
der, or treason against the State, and then only on con
viction and attainder.
25. That a well regulated militia is the proper and na
tural defence of a free government.
26. That Landing armies are dangerous to liberty,
and ought not to be railed or kept up without consent of
the legislature.
27 That in all cases and at all times the military
ought to be under drift Subordination to, and controul
of the civil power.
28. That no soldier ought to be quartered in any house,
in time cf peace, without the consent of the owner;
and, in time of war, in such manner only as the legisla
ture Shall direct.'
29. That no person, except regular soldiers, mariners
and marines in the service of this State, or militia when
in actual service, ought in any case tube Subject to or
punishable by martial law.
30. That the independency and uprightness of Judges
are essential to the impartial administration of justice, and
a great security to the rights and liberties of the people;
wherefore the Chancellor and all Judges ought to hold
commissions during good behaviour, and the said Chan
cellor and Judges shall be removed for misbehaviour on'
conviction in a court of law, and may be removed by the
Governor upon the address of the General Assembly, pro
vided that two thirds of all the members cf each house
concur in such address. That salaries liberal but not pro
fufe ought to be Secured to the Chancellor and the Judges
during the continuance of their commissions, in such
manner and at such times as the legislature Shall hereafter
direCt, upon consideration of the circumstances of this
State: No Chancellor or Judge ought to hold any other
office civil or military, or receive fees or perquisites of
any kind.
31. That a long continuance in the firft executive de
partments of power or trust is dangerous to liberty, a
rotation therefore in those departments is one of the belt
securities of permanent freedom.
32. That no person ought to hold at the fame timemore
than one office of profit, nor ought any person in public
trust to receive any present from any foreign Prince or
State, or from the United States, or any of them, with
out the approbation of this State.
33. That as it is theduty of every man to worShip God in
such manner as he thinks most acceptable to him, all per
sons profeffing the chriftian religion are equally entitled to
protection in their religions liberty, wherefore 110 person
ought by any law to be niolefted in his person or est ate on
account of his religious persuasion or profeffion, or for hit
religious practice, unless tinderCblour of religion any man
Shall difiurb the good order, p^ate or fafety of the State,
or Shall infringe the laws of morality, or injure others in
their natural, civil or religious rights; nor ought an,
person to be compelled to frequent or maintain, or con
tribute, unless on contract, to maintain any particular
place of worship, or any particular ministry; yet the
legislature may in their diferCtion lay a general and equal
tax for the support of the chriftian religion, leaving to each
individual the power of appointing the payment over of
the mon^y collected from him, to the Support of any par
ticular place of worship or minister, or for the benefit of
the poor of his own denomination, or the poor in general
of any particular county; but the churches, chapels,
glebes, and all < ther property now belonging to the
church of England, ought to remain to the church of
England, fcr cycr. And all ads @f assembly lately paged
for collecting monies for building or repairing particular
churches or chapels of case Shall continue in force and be
executed, unlels the legislature Shall by aCt fupercede of
repeal the fame; but no county court fliall aflefs an,
quantity of tobacco or sum of money hereafter, on the
application of any vestrymen or church-wardens; and
every incumbent of the church of England, who hath re
mained in his parish and performed his duty, Shall be en
titled to receive the provision and support established by
the aC t entituled, “ Au ad for the support of the clergy
of the church of England in this province," till the No
vember court of this present year, to be held for the
county in which his parish Shall lie, or partly lie, or for
such time as he hath remained in his parilh'and performed
his duty.'
34. That every gift, sale, or devise of lands to any
minister, public teacher or preacher of the gospel, as
such, or to any religious fed, order or denomination, of
to or for the support, life or benefit of, or in trust for,
any minister, public teacher or preacher of the gospel, as
such, or any religious fed, order or denomination; and
every gift or sale of goods or chattels to go in succession,
or to take place after the death of the feller or donor, or
to or for such support, use or benefit; and also every de
vise of goods or chattels to, or to or for the support, use
or benefit of any minister, public teacher or preacher of
the gospel, as such, or any religious fed, order or deno
mination, without the leave of the legislature, Shall be
void; except always any sale, gift, lease or devise of any
quantity of land, not exceeding two acres, for a church,
meeting, or other house of worship; and for a burying
ground, which Shall be improved, enjoyed or used only
for such purpose, or such falw, gift, feafe or devise Shall
be void;
35. That no other test or qualification ought to be re
quired on admission to any office of trust or profit, than
such oath of support and fidelity to this State, and such
oath of office as Shall be directed by this Convention or
the legislature of this State, and a declaration of a belief
in the chriftian religion.
36. That the manner of administering an oath to any
person ought to be such as those of the religious per
suasion, profeffion or denomination, of which such pct
fon is one, generally esteem the mod effectual confirma
tion by the attestation of the Divine Being. And that
the people c; Led Quakers, those culled Duikers, and
those called Menonihs, holding it unlawful to take an
oath on any occasion, ought to be allowed to make their
solemn affirmation in the manner that Quakers have been
heretofore allowed to affirm, and to be of the fame avail
as an oath in all such cases as the affirmation of Quakeis
hath been allowed and accepted within this State indeed
of an oath. And further, on such affirmation, warranty
to search for Stolen goods, or the apprehension or com
mitment of offenders, ought to be granted, or security
for the peace awarded, and Quakers, Dunkers or Me
nonifts, ought also on their fokann affirmation as afore
faid to be admitted as witnesses in all criminal cases net
capital.
37. That the city of Annapolis ought to have all its
rights, privileges and benefits, agreeable to its charter,
and th@ ads of assembly confirming and regulating the
fame, fubjed neverthelcfs to such alterations as may be
made by this Convention or any future legislature,
38. That the liberty of the press ought to be inviola
bly preserved.
39. That monopolies are odious, contrary to the spirit
of a free government, and the principles of commerce,
and ought not to be fuffered.
40. That no title of nobility or hereditary honours
ought to be granted in this. State.
41. That the subsisting resolves of this and the several
Conventions held for this colony ought to be in force as
laws, unless altered by this Convention or the Legislature
of this State.
42. That this declaration cf rights, ,c,r the form cf
government to be established by this Convention, or any
part of either of them, ought not to be altered, changed
or abolished by the Legislature of this State, but in such
manner as this Convention fliall prescribe and aired.
This declaration of rights was assented to and palled,
in Convention of the Delegates of the freemen of Mary
land, begun and held at Annapolis the 14th day of Auguh,
anno domini 1776. B 1 ?order of the Convention,
Matthew Tilghman, Prefdent.
PHI LAD EL PIII A, November 20.
In C ONGRES 3, November. 14, 1776.
Co,J of a letter to the Prefdent from Major General Gate%
dated at Ticonderoga, November 5, 1776.
Sir —I have the honour to congratulate the Congress
/upon the retreat of Lieutenant-General Sir Guy Carle
ton, with the fleet and army under his command, from
Crownpoint. —Saturday last, the works being put in the
belt order, the boom and bridge of communication
finished, and every necessary preparative for defence
made, I determined to fend a detachment down each fida
of the lake, to beat up the enemy's quarters of their ad
vanced post on Putnam's point and the opposite shore.
About eight at night the detachment, under the com
mand cf Major Delap, proceeded down the east fide of
the lake, and the other, under Col. Conner, down the
weft fide. Sunday morning Major Delap, with his de
tachment, took poffeflion of Putnam's point, which the
enemy had just abandoned, and immediately detached a
subaltern, with a small party, to reconnoitre Crown
point. The officer, having returned, reported that he
saw the enemy embark, a number of their veflels under
fail, and the whole preparing to get under way. Col,
Copper, on tilting poffefuon of the post opposite to Put
nam's point, found that likewise abandoned. Yefterda,
an officer, and a party whom I sent to Crownpoint, re
turned, and reported he had been at Crownpoint with
the inhabitants there; that the enemy were all gone
from that pest, and the inhabitants would come this day
to Ticonderoga, to make their submission, and beg the
protection of the United States. I have the honour to
be, &c. HORATIO GATES.
" P. S. This will be delivered to you by my firft Aid
de Camp, Major Stuart, a defervihg officer."
The foregoing is a copy of General Gates's letter.
JOHN HANCOCK, President.
Intelligrace received b, Congress concerning the reduffion
of Meant B fifoington by the enemy on the 16th infant.
Early last Saturday morning Col. Magaw posted hie
troops partly in the lines thrown up by our army on our
firft coming thither from N^w-York, and partly on a
commanding hill laying north of Mount WaOiingtou
(the lines being all to the southward). In this pofiticn
ihe attack began about ten o'clock, which our troops
stood, and returned the fire in such a manner as gave
great hopes the enemy was intirely repulsed; but at thi3
time a body of troops crossed Harlem river in boats, and
landed within the fecund lines, our troops being then
engaged in the fir. 4.
Col, Cadwalhder, who cammaaded in the Urcs, feat