The Pennsylvania gazette — Philadelphia, Pa., 1776-07-17 00:00:00, page 2

CiA R LESTO W N, Soirt^Carolina, fy ^
'Of! fuel&.y afternoon, in a violent thunder-Storm, the
Colony iirigt. Comet, lying in the harbour, was Struck
wirn lightning ; whereby her mainmast was fliivered, and
one of the sailors on board killed.
On Saturday night, between io and ii o'clock, a re
markable large ball of fire was been here: It moved with
great velocity from N. W. to S. E. and emitted a number
of (parks, refembiingthe Stars from a Sky-rocket. It was
viable for about a minute, and on its disappearing, a
rumbling noise, resembling distant thunder, was heard
For near 5 minutes after.
Extract of a letter from Savannah River, Ma, 13, 1776.
" All the Creek Chiefs that were expected are down,
and seem well ddpofed; I hope we (ball be able to keep
thwm quiet. I have seen letters from the Cherokees as
late as the 7th inst. The middle and lower towns seem
to remember the good talks at Fort Charlotte, and fay,
that if the Over-hills are for mischief with the white
people, the great ridge of mountains Shall divide them,
for they will have no hand in it. Henry Stewart, Cap
tains Colbert and Gift arc in the Over-hills; they cameup
the Miffippi 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, July 5.
By a gentleman from Halifax, in North-Carolina, we
tire informed that General Clinton, in attempting to come
into Charleftown harbour the 17th of last month, was
overtaken by a violent storm, which drove alhore a 36
gun frigate, and 8 transports with soldiers, who it is said
were chiefly loft. He had this intelligence from an officer
from Cape-Fear, who said that General Moore had re
ceived it by express; in confluence of which, four regi
ments under marching orders for Charleftown, and Col.
Muhlenburg's Virginia battalion, had been counter
manded.
A few days ago Lord Dunmore ft nt a flag from Gwyn's
inland with a letter for General Lewis, wherein he propo
ses an exchange of prisoners, and wants his countrymen,
the Highlanders. His Lord Ship sent no account of the
persons in bis po/fefEon, and it is much doubted whether
he has a fufficient number to ahfwer bis purpose.
Las tTuefday was taken near the Capes, and moored
fife in Hampton creek, by Captain Richard Barron, a
sloop from Providence, with a large quantity of limes,
pise - apples, turtle, &c. also two carriage guns, and 14
swivels.
In a GENERAL CONVENTION begun and hold
en at the Capitol, in the city of Williamsburg, on
Monday, the 6th day of May, 1776, and continued,
by adjournment, to the sth day of July following.
The CC) NSTITUIT QN, orFORM OF GO
- agreed, to and refolded upon by the
Delegates and Representatives of the federal counties and
corporations of Virginia.
HEREAS George the Third, King of Great-
Britai^ and Ireland, and Elector of Hanover, here
tofore intrufted with the exercise of the kingly office in
this government, hath endeavoured to pervert the fame
into a detestable and insupportable tyranny, by putting
his negative on laws the molt wholesome and necessary
for the public good:
By denying his Governors permission to pass laws of
immediate and pressing importance, uniefs suspended in
their operation for his assent, and, when so suspended,
neglecting to attend to them for many years:
By refilling to pais certain other laws, unless the per
fop, t 9 he ben^&^e by them wourr rclhtqw(h the inesti
mable right of representation in the legislature :
By di/folvin^ Legislative Artcmblh, repeatedly and con
tinually, for oppoling with manly firmnefe his invasions
of the rights of the people:
When didblved, by refuting to call others for a long
space of time, thereby leaving the political system with
out any legislative head :
By endeavouring to prevent the population of our
country, and, for that purpose, obstructing the laws for
the naturalization of foreigners:
By keeping among us, in times of peace, Handing ar
mies and fllips of war:
By affecting to render the military independent of, and
superior to, the civil power:
By combining with others to fubjeft us to a foreign
jnrifii/tion, giving his assent to their pretended acts of
legislation:
For quartering large bodies of armed troops among us:
For cutting off our trade with all parts of the world :
For imposing taxes on us without our content :
For depriving us of the benefits of trial by jury :
For tranfportiug us beyond fcas, to be tried for pre
tended offences:
For suspending our own legislatures, and declaring
themselves inverted with power to legislate for us in all
cases whatsoever :
By plundering our seas, ravaging cur, courts, burning
our towns, and destroying the lives of our people :
By inciting insurrections of our fellow -fubjeds, with
the alhuemenb of forfeiture and confiscation :
By prompting our Negroes to rife in arms among us,
those very Negroes whom, by an inhuman use of his ne
gative, he hath refused us permirtion to exclude by law :
By endeavouring to bring on the inhabitants of our
frontiers the mercilcfs Indian savages, whafe known rale
of warfare is an undistinguished deftruftion of all ages,
sexes and conditions of existence:
By transporting, at this time, a large army of foreign
mercenaries, to complete the works of death, desolation
and tyranny, already begun with circumstances of cruelty
and perfidy unworthy the head of a civilized nation:
By aufwering cur repeated petitions for redress with a
repetition of injuries:
And finally, by abandoning the helm of government,
and declaring us out of his allegiance and protection :
By which Several ads of misrule, the government of
this country, as formerly exercised under the crown of
Great-Britain, is TOTALLY DISSOLVED:
We therefore, the delegates and representatives of the
good people of Virginia, having maturely considered the
premises, and viewing with great concern the deplorable
condition to whirii this once happy country mult be re
duced, unless forae regular adequate m?I: of civil polity
is Speedily adopted, and in compliance cith a recom
mendation of toe General Congress, do ordain and de
clare the future form of government of Virginia to be as
followeth:
The legislative, executive, and judiciary departments,
Shall be Separate and diftind, so that neither exercise the
powers properly belonging to the other; nor ihall any
person ckercife the powers of more than one of them at
the fame time, except that the justices of the county
courts Ihall be eligible to either House ®f Assembly.
The Irritative Ihall be formed of two diftinCt branches,
who, together, ihall be a complete legislature. They
dial! theet once, or orterier, e+e?v year, had fliall be
called the GENERAL ASSEMBLY OF VIRGINIA.
One of these Shall be cal.ed the HOUSE OF DELE
GATES, and consist of two representatives to be chosen
for each county, and for the district of West-Augusta,
annually, of such men as actually retide in and are free
holders of the fame, or duly qualified according to law,
and also of one delegate or representative to be chosen
annually for the city of Williamsburg, and one for the
borough of Norfolk, and a representative for each of
such other cities and boroughs as may hereafter be allowcd
particular representation by the legislature ; but when any
city or borough ihall so decrease, as that the number of
persons having right of Suffrage therein Shall have been
for the Space of Seven years successively less than half the
number of voters in feme one county in Virginia, such
city or borough thenceforward ihall cease to fend a dele
gate or representative to the Assembly.
The other ihall be called the SENATE, and consist of
twenty four members, of whom thirteen Shall constitute
a House to proceed on business, for whose election the
different counties Shall be divided into twenty-four dif
triCts, and each county of the refpe&ive district, at the
time of the election of its delegates, Shall vote for one
Senator, who is actually 1 resident and freeholder within
the district, or duly qualified according to law, and is
upwards of twenty-five years of age; and the Sheriffs of
each county, within five days tt fartheft after the last
county election in the diftrift, Shall meet at Some con
venient place, and from the poll so taken in their respec
tive counties return as a Senator the man who Ihall have
the greatest number of votes in the whole district. To
keep up this Assembly by rotation, the districts Shall be
equally divided into four classes, and numbered by lot.
At the end of one year after the general election, the fix
members elected by the firft division Ihall be displaced,
and the vacancies thereby occafipned Supplied from such
class or division, by new election, in the manner aforefaid.
This rotation Shall be applied to each division, according
to its number, and continued in due order annually.
The right of fuffrage in the election of members for
both Houses Shall remain as exercised at present, and
each House ihall choose its own Speaker, appoint its
own officers, fettle its owr, rules of proceeding, and di
rect writs of eleaion-fok Supplying intermediate vacan
cies. -
All laws Shall originate in the House of Delegates, to
be approved or rejected by the Senate, or to be amended
with the content of the House of Delegates; except mo
ney-bills, which in no instance Ihall be altered by the Se
nate, but wholly approved or rejected.
A Governor, or chief magistrate, ihall be chosen an
nually, by joint ballot of both Houses, to be taken in
each House refpe&ivety, deposited in the conference
room, the boxes examined jointly by a committee of
each House, and the numbers severally reported to them,
that the appointments may be entered (which Shall be
the mode of taking the joint ballot of both Houses in all
cases) who Shall not conti lue in that office longer than
three years successively, nor be eligible until the expi
ration of four years after he ihall have been out of that
office. An adequate, but moderate, Salary ihall be fet
tled on him during his continuance in office; and he
Shall, with the advice of a Council of State, exercise the
executive powers of government according to the laws of
this Commonwealth ; and hall not, under any pretence,
exercise any power or prerogative by virtue of any law,
Statute or cartom of England: But he Shall, with the
advice of the Council of State, have the power of grant
ing reprieves or pardons, except where the prosecution
Shall have becar carried 00 ( y the House of Delegates, or
the law Shall otherwise particularly direct; in which,
cases, no reprieve or pardon Shall be granted but by re
solve of the House of Delegates.
Either House of the General Assembly may adjourn
themselves refpe&ively. The Governor Shall not pro
rogue or adjourn the Assembly during their fitting, nor
dissolve them at any time; but he Shall, if necessary,
either by advice of the Council of State, cr on applica
tion of a majority of the House of Delegates, call them
before the time to which they Shall Stand prorogued or
adjourned.
A Privy Council, or Council of State, conlifting of
eight members, Shall be chosen by joint ballot of both
Houses of Assembly, either from their own members or
the people at large, to assist in the administration of go
vernment. They flihll annually choose out of their own
members a President, who, in case of the death, inabi
lity, or necessary absence of the Governor from the go
vernment, Shall ad as Lieutenant-Governor. Four mem
bers Shall be fufficient to aft, and their advice and pro
ceedings Shall be entered of record, and Signed by the
members present (to any part whereof any member may
enter his dissent) to be I id before the General Assembly,
when called for by them. This Council may appoint
their own clerk, who Shall have a Salary fettled by law,
and take an oath of feercey in such matters as he Shall
be directed by the board to conceal. A sum of money
appropriated to that purpoft Shall be divided annually
among the members, in proportion to their attendance ;
and they Shall be incapable, during their continuance in
office, of fitting in either House of Assembly. Two
members Shall be removed by joint ballot of botn Houses
of Assembly at the 'end of every three years, and be in
eligible for the thyee next years. These vacancies, as
well as those occasioned by death or incapacity, Shall be
supplied by new elections in the fame manner.
The Delegates for Virginia to the Continental Con
gress Shall be chosen annually, or superseded in the mean
time by joint ballot of both Houses of Assembly.
The present militia officers Shall be continued, and va
cancies supplied by appoint nent of the Governor, with
the advice of the Privy Council, on recommendations
from the respective county courts ; but the Governor and
Council Shall have a power of suspending any officer, and
ordering a court-martial on complaint of misbehaviour or
inability, or to Supply vacancies of officers happening
when in actual feryice. The Governor may embody the
militia, with the advice of the Privy Council; and, when
embodied, Shall alone have the direction of the militia
under the laws of the country.
The two Houses of Assembly (hall, byjoint ballot, ap
point Judges of the Supreme Court of Appeals, and
General Court, Judges in Chancery, Judges of Admiralty,
Secretary, and the Attorney General, to be commission
ed by the Governor, and continue in office during good
behaviour. In case of death, incapacity or resignation,
the Governor, with the advice of the Privy Council, Shall
appoint persons to Succeed in office, to be approved er
displaced oy both Houses. These officers Shall have fixed
and adequate Salaries, and, together with all others
holding lucrative offices, and all ministers of the Gos
pel of every denomination, be incapable of being elected
members of cither House of Assembly, or the Privy
Council.
The Governor, with the advice of the Privy Council,
Shall appoint Justices of the Peace for the counties; and
in case of vacancies, or a necessity of increasing the num
ber hereafter, such appointments to be made upon the re
commendation of the refpedive county courts. The
present anting Secretary in Virginia, and clerks of all the
county courts, fliall continue in office. In case of vacan
cies, either by death, incapacity or resignation, a Secre
tary Shall be appointed as before directed, and the clerks
by the refpe&ive courts. The present and future clerks
Shall hold their offices during good behaviour, to bejudged
of and determined in the General Court. The Sheriffs
and Coroners Shall be nominated by the refpedtive courts,
approved by the Governor with the advice of the Privy
Council, and commissioned by the Governor. The Jurtices
Shall appoint Constables, and all fees of the aforefaid
officers be regulated by law.
The Governor, when he is out of office, and others
offending againQthe fate, either by mai-adminiftration,
corruption or other means, by which the Safety of the
state may be endangered, Shall be impeachable by the
House of Delegates. Such impeachment to be prosecuted
by the Attorney General, or such other person or persons
as the House may appoint in the General Court, accord
ing to the laws of the land. If found guilty, he or the,
Shall be either for ever disabled to hold any office under
government, or removed from such office tre tempore,
or fubjeded to such pains or penalties as the law Shall
direct.
If all or any of the Judges of the General Court
Should, on good grounds (to bejudged of by the House
of Delegates) be accused of any of the crimes or offences
before-mentioned, such House of Delegates may in like
manner impeach the Judge or Judges so accused, to be
prosecuted in the Court of Appeals; and be or they, if
Sound guilty, Shall be punished in the fame manner as is
prescribed in the preceding clause.
Commissions and grants Shall run, In the name of the
Commonwealth of Virginia, and liear test by the
Governor, with the seal of the commonwealth annexed.
Wots Shall run in the fame manner, and bear tell by the
clerks of the Several courts. Indidments ihall conclude
Jigainft the peace and dignity of the commonwealth.
A Treasurer Shall be appointed annuals, by joint ballot
of both Houses.
All efcheats, penalties, and forfeitures, heretofore
going to the King, Shall go to the commonwealth, save
only such as the legislature may abolfih, or ctherwife pro
vide for.
The territories contained within the charters erecting
the colonies of Maryland, Pennsylvania, North a^d South-
Carolina, are hereby ceded, releufed, and for ever con
firmed to the people of those colonies respectively, with
ail the rights of property, jurisdiction and government,
and all other rights whatsoever which might at any time
heretofore have been claimed by Virginia, except the free
navigation and use of the rivers Potowmack and Pcko
muke, with the property I fth^ Virginia fores or strands
bordering on either of the said rivers, and all improve
ments which have been or Shall be made thereon. The
western and northern extent of Virginia Shall in all other
refpeCta Stand as fixed by the charter of King James the
firft, in the year one thousand fix hundred and nine, and
by the public treaty of peace between the courts of
Great-Britain and France in the year one thcufand seven
hundred and Sixty-three ; unless, by act of this legisla
ture, one or more territories Shall hereafter be laid off, and
governments eftabliftied westward of the Allegheny moun
tains. And no purchases of lands Shall be" made of the
Indian natives bet on behalf of the public, by authority
of the General Assembly.
In order to introduce this government, the Represen
tatives of the people met in Convention Shall choose a
Governor and Privy Council, also such other officers di
rected to be chosen by both Houses as may be judged ne
cessary to be immediately appointed. The Senate to be
firft chosen by the people to continue until the last day
of March next, and the other officers anti thc..cnd of the
succeeding session of Assembly. In case of vacancies,
the Speaker of either House Shall issue writs for new
elections.
N E W-Y O R K, July : 5 .
On Wednesday the Congress's Declaration of the In
dependence of the United States of America was read at
th+head of each brigade of the Continental army ported
in and near this city, and every where received with the
utmost demonstrations of joy.
The fame evening the equestrian statue of George TIL
erected in the year 1770, was thrown from its pedestal and
broken in pieces; and we hear the lead wherewith this
monument was made is to be run into bullets.
In pursuance of the Declaration for Independency, a
general goal delivery, with refpeCt to debtors, took place
here on Wednesday.
Last Friday morning it was reported in town, that Lord
Howe was arrived at Sandy-Hook, with a large fleet from
England: Between 1 and 2 o'clock, P. M. two Ships hove
in fight and joined the fleet at the Watering-place; about
an hour after a Ship, supposed to be the Phoenix of 44
guns, a frigate of 28, and 3 tenders, got under way at
Stateu-lfland, and stood up for this city.—The army soon
took the alarm, and in a few minutes every man was at
his Station, well provided with all necessaries for a vi
gorous defence; but as soon as the Ships came near Bed-
Ipw's-lfland, they inclined 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 not
withstanding they mart have received considerable da
mage, they stood their course up Hudson's river, firing
several broadsides as they went along, without either kill
ing or wounding any of our people, who on the occasion
behaved with uncommon bravery. A Strong southerly
wind, and the tide of flood facilitated the flhips getting
above the batteries near the town, but we hear they were
roughly bandied about twelve miles up the river, from
whence they have not yet attempted to return, but we
hear lay at Tarry-Town, about thirty miles up the river,
on Saturday evening.
Several Shot went through different houses in the town;
two into the house of Mr. Verdine Elsworth, at Powley-
Hook ; three into Captain Clarke's house at Greenwich ;
one of which went through the front and lodged in a
brick wall at the tead of Miss Clarke's bed, in her cham
ber, a Second went through t'oe house, and the third de
stroyed Several trees before the door, and took its course
into the woods.
A ball also struck the house of Mr. Daniel Phoenix,
and from that tock its course to the new dwelling of Mr.
Christopher Smith, in the opposite fide of the Street.
ft is said the fleet destined for the American Station this
summer, is as follows, one of 70 guns; three of 60;
Seven of 50; two df 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; bolides armed vessels, and
one bomb ketch.