The Pennsylvania gazette — Philadelphia, Pa., 1776-10-23 00:00:00, page 3

government and the detestable frame eftablilhed for that
province by a late statute, they fay, “ The several powers
being jeparated and distributed into different hands, for
checks one upon another, is the only effectual mode ever in
vented by the wit of men to promote their freedom and
prosperity." But here is no " distribution of power into
different hands, that one may check another." On the con
trary, the executive and judicial powers are made unduly
dependent on a Jingle legislative body, the Assembly: So
that in truth the legiJZative, 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 resemblance between the said Con
ftitutiou and the artful, but deftrudive one established
by the statute before -mentioned is so great, that the fol
lowing words ot the Congr;fs suit the one as well as
the other, only changing the word 'Sminifer" for the
word " Assembly." —" Here is indeed an appearance of
the several powers being separated, &c." as before. " But
example the specious devices and you will find it, to use
an expression of holy writ,' “ a whited fepulchre.
The leg iJKitive, executive and judicial powers are all mov
ed by the nods of a minister."
If any reafonab^e man could possibly entertain a doubt,
concerning the meaning of the Congress in using the
words before quoted, that meaning will be clearly ex
plained by the several confiitutions lately formed on this
continent, with the adv ; ce and affiance of those very gen
tlemen in their respective States, who as members of
Congress tiled the before quoted words, and mult have
kn6wn their own meaning.
How widely the said constitution differs from the sen
timents of the molt distinguished writers on the subject
of government, will appear by the following quotations
from two authors of so high a reputation among civilized
nations, that it is necdkfs to add any others.
The Baron de Montesquieu, " whose name" (the Con
gress declare) all Europe reveres, fays— The political liberty
of the fubjedt is a tranquility of mind, arising from the
opinions each person has of his/Wety. In order to have
this liberty, it is requisite the government be so consti
tuted, as one man need not be afraid of another. When
the legjlative and executive powers are united in the fame
perlon, or in the fame body ot Magistrates, there can be no
Liberty ; because apprehenlions may arise, left the fame
Monarch or Senate Should enaß tyrannical laws, to execute
them in a tyrannical manner. Again, there is no Liberty,
if the power of judging be not separated from the legisla
tive and executive powers. " there would be an end of
every thing, were the fame men or the fame body, whe
ther of the Nobles, or of the people, to exercise those
three powers, that of enacting laws, that of executing the
public resolutions, and that of judging the crimes or dif
ferences of individuals." The learned Baron then pro
ceeds witli a long and much admired chapter on the
£nOJ6 constitution, wherein 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 and just government, even in a cor
rupt age, (and tho' conversant in courts) fays—" If there
be but one body of legislators it is no better than a tyranny;
if there are only two, there will want a casting voice, and
one of them must at length heSwallowed up by dilutes
and contention, that would necedhrily arise between them.
Pour would have the lame inconveniencies as two, and a
greater number would cause too much confufion."
f iff. Not establishing a Court of Appeals. —adly. Not
afeefraining the number of Judges in the Common Pleas
and Orphans Courts, —whether the fame persons are to be
Judges in both Courts and in the sessions, as usual hereto-
^ r '':=° r whether the powers are to he Jeparated, —if to
be k^arated, who is to do it, as the power of a future
legifwnre is by the 26th lection of the frame expressly
confined to “ other" courts —if not to be separated, whe
ther any other Judges are to be added to~the Justices of
the Peace chosen by the people —and by whom to be add
ed —gdly. Not determining what qualifications as to pro
perty, shall enable a man to be chosen a member of Af
femmy, and thereby become one of the Sovereigns of
P ^jfhernia—dAf. Net providing what laws shall be
in f rce within this State, &c. &c. &c. &c.
X Relating to —-ift. Insolvent Debtors—zdly. Fishing,
fowling and hunting—jdly. Intails, &c. &c. &c.
The kite Convention ordered, that “ the future le
gdliture of this State JhaP regulate intails in such a man
ner as to prevent perpetuities," when it is notorious that
'' intails were regulated ; n such a manner as to prevent
perpetuities,” long before the meeting of the late Conven
tion.
If See the note with this fmark. In one part, a trial by
jury is established in all cases without exception, in another
part persons may be tried and condemned by fix of the
Council —The Council of Censors may pass public cen
funts without any trial, which censures may be w®rfe than
deaf! —The Council of Censors and the Convention to
3e c ailed by them are to be vested with powers, that will
occa gon convulsions in the State, &c. &c. &c. &c.
, 7- That several regulations essential to the welfare of
the community are omitted in the said constitution, ft
,„ 8. That several regulations, improper to be taken no
tice of therein, are mentioned in the said Constitution.
. 9. That the said Constitution is confufed, inconiiftent,
and dangerous. ||
10. Taat the laid Constitution ought to be altered and
amended.
11. That no mode is fettled by the said Constitution
for altering or amending the fame, but that of a Conven
tion to meet more than seven years hence, if a Council of
Censors Shall be chosen in the year 1783, and if two
thirds of that Council shall agree to call such a Conven
tion to meet within two years afterwards.
12. I hat the late Convention, on thejifth day of Sep
tember ^d in the afternoon, as appears from the minutes
of their proceedings, ordered fair hundred copies of the
proposed plan of Government to be printed and publish
ed " FOR CONSIDERATION and on the Jixteenth day
of the fame month, proceeded on the confirmation there
of, making only immaterial alterations.
13. That therefore the late Convention did not allow
time to the people of this State to take into their consi
deration the proposed frame of Government.
14. That the late Convention did not know, that the
said frame of Government would be agreeable to the
people.
15. That therefore the conduct of the late Convention,
in establishing the Constitution aforefaid abfohdely for
more than seven years, and not fettling some mode for
making alterations 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. '1 hat the conduct of the late Convention, in pre
scribing oaths and affirmations to be taken for the lap-
21. 1 hat for the attainment of these Salutary purposes,
the freemen of the several counties in this State be in
stantly and most cordially invited to accede to the forego
ing resolutions, and to agree to and concur in executing
the following.
22. That at the election to be held on the fifth day of
November next, the electors ought not to take the oath
or affirmation required by the ordinance ,of the late
Convention, dated on the twentj-fixth day of September
23. That the infpedors and judges of the said election
ought not to take the oath or affirmation recited in the
ordinance aforefaid.
24. That every infpe&or and judge ought to take the
oath or affirmation prescribed by an aft of Assembly of
the late government of Pennsylvania, made in the year
of our Lord 1766, and intituled “ an Aft directing the
choice of Ipfp@&ors, and for holding the general elec
tions in this province."
% 25. Thnt the members of Assembly to be chosen at the.
said election ought not to take the oatli or affirmation,
or to make or fubferibe the declaration, mentioned in the
tenth fedion of the frame of government formed by the
late Convention.
26. That when two thirds of the members elected have
met and chosen their Speaker, before they proceed to bu
siness, each, member ought to make and fubferibe the fol
lowing declaration : — “ /(mentioning his name) profess
faith in GOD the Father, and in JESUS CHRIST'zT E
ternal Son, and in the HOLY SPIRIT, One GOD blefed
for evermore: And I do acknowledge the Holy Scrip
tures of the Old and New Teflaments to be given by Di
vine Infpiration:'=-And to take this oath or'affirmation:
“ I, as a member of this Assembly, will not propose or as
sent to an, afl, vote or resolution, which Jhal! appear to me
injurious to the people; nor do or consent to* an, act or
thing that shall have a tendency to Ifen or abridge their
rights or privileges ; but will in all things conduct myjef
as a faithful and honefl Representative and guardian of the
people, according to the best of m, judgment and abilities.
I do renounce, refufe and abjure any allegiance or obedience
to George the third, King of Great- Britain, his heirs or suc
cessors, or an, in authority under him or them ; and Iwill'
not, diredly or indirectly, do any aft or thing prejudicial
or injurious to the State .of Pennsylvania."
27. That the said Assembly ought to have full powers
to make such alterations and amendments in the Constitu
tion aforefaid, as toe said Aflembly ihall judge to be pro-
port of a constitution unprecedented on this continent;
not to be altered or amended for more than seven years,
however exceptionable or dangerous it might prove, and
which the people have had no experience of, nor have
been allowed lime to take into them conikkratioi), was a
high violation of the rights of the freemen of this State.
17. That it is the sense of this Meeting, that the peo
ple are generally and greatly diflatisfied 'with the said
Constitution..
18. I hat it is the sense of this Meeting, that the late
increase of the number and insolence of tories and per
sons difafteaed to the Independence of this State, and
the feeblenefs of its public meafurcs, are greatly owing
to that general diflatisfadion.
19. That more dangerous consequences may be ex
pected, unless the unhappy causes of such diffatisfa dion
can be removed, by procuring proper alterations and
amendments to be made in the said Constitution.
20. That such alterations and amendments are imme
diately and absolutely necessary for promoting the happi
ness of Pennsylvania, and advancing the welfare of our
great American cause, and cannot with fafety to the pub
lic be deferred.
per.
28. That the said Assembly ought also to have power
to enaa such ordinances as the" emergencies of public
affairs may indispensably require.
29. That after making such alterations and amend
ments, and enacting such ordinances, the said Assembly *
ought to publilh the said alterations and amendments for
the confderation of the people, and then, if they shall think
proper, adjourn themselves for a convenient time, in or
der to collect their sense upon such alterations and amend
ments, vesting apower in the Speaker to call them together
again before the time to which they shall adjourn, if it
shall be necessary.
30. That the carrying on the said electrons without
the electors taking the oath or affirmation prescribed by
the aforefaid ordinance of the twentv-fixth day of Sep
tember, ought to be considered and observed by the mem
bers of Assembly chosen at such elections, as express in
ftruaions to them not to take the oath or affirmation, or
to make or fubferibe the declaration mentioned in the
10th feftion of the frame as government, to make such
alterations and amendments in the Constitution formed by
the late Convention, as the said Assembly shall 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.
Head farters, Perth Amboy, Oft. 8, 1776.
Colonel Slough's battalion of Pennsylvania Associators
having done their duty as good soldiers, are hereby dis
missed the service of the States, and are permitted to re
turn home from Elizabeth-town on Monday next.
Samuel Griffin, Dep. Ad. Gen.
Head Barters, Elizabeth-town, 08. 14, 1776.
Colonel Slough will be so good as to return my thanks
to the Officers and Soldiers of the battalion under his
command, for their decent and orderly behaviour since
their occupying the post at the Point-house; as his bat
talion is now difeharged from farther duty at this post, I
take this opportunity to with them fafe home to their re
fpedtive families and friends.
Matthias Williamson, Brig. Gen.
SIR, Head quarters, Elizabeth-town, 08. 14, 1776.
" I request the favour of y< u to return my sincere
thanks to the Officers and Soldiers of Col. Slough's bat
talion that turned out voluntiers with you yesterday. and
joined us in our excursion to Staten-Iflandi ,for their or
derly and soldier-like behaviour while on that fervice 0
and they may depend I Ihall always mention them with
that regard and honour which their spirited conduct, on
that occasion, entitles thenuto receive.
I am, with the greatefl efleem,
l our mod obedient Servant,
Major Philip BruffeL M. Williamson, Brig. Gen."
of Col. Slough’s battalion, Lancaferi
*, The Inhabitants cf the Northern Liberties, the Diftri&
of Southwark, Moyamenfing and I'affiurk, are earneftiy requeu
ed to veet at the Houle of Mr fames Nevilb the Sign of the
Rainbow, in Second-flreet continued, commonly called Camping
ton, next Friday, at two o'Clock in the Afternoon, on Business of
the utmost Importance to this State.
ls-1 'he Inhabitants of Philadelphia County are requeued to
meet at Chestnut-hill next Saturday, at Twelve o'Clock, on Btt
finefs of the utmost Itoportzrice to this State,
Pert cf Philadelphia, ) , :#
.Pennsylvania, fr ( 10 "" whom IL ma Y concern.
NOTIC E is hereby given, that a Court of Admiralty
will; be held at the Mate-lioufe, in the city of Philadel
phia, on Monday, the iith day of November next, at tern o'
clock in the forenoon of the fame day, then and there to try the
truth °1 the fafls alledged in the bill of Wingate Newman (who,
as well, &c.) againd; the brigantine, or vessel, called, the Sher
burne, lately commanded by Jonathan Bunnell, burthen about:
75 tons; together with her tackle, apparel, furniture and cargoe.
Io the end and intent that the owner or owners the.ro/, or any
persons concerned therein, may appear and Lew cause, if any
they have, why the fame should not be condemned according to
the prayer of the laid bill/ By order of the Judge,
_II ~ ANDREW ROBESON, Register.
To the FREEHOI,DERS and other ELECTORS mrtits
County of Philadelphia.
Gentlemen, ~,,.& .
YOU R former generous, Conduct in bedowing the Sheriv
alty on those to w om you thought,it might be serviceable,
induces me to offer myfelf a Candidate f r Cid Office .t .h # ap
proaching Election : Could I meet your Approbation, it ffi Did
be my conftan: Study to merit y \ur Choice I; a faithful Dis
charge ot the 1 rust reposed in your li. ceie Friend,
_ 1 WILLIAM MASTERS.
Io be SOL, by public vendue, on the 311 J day of
tais inftaht October, on the premifesi
A C , RTAIN LOT T ^ GROUND, containing
r& about 25 or 30 acres, situate in Newtown townlhip Car
ter county about 14 mi l es f rom Phil ,delphia, on the road lead
ing rum toe Great Valley to Cheder and Darby, and another
CT^J^ Conc °rd, one half woodland; there are a log house,
a ttnitn s shop, and a good well ot water on the premtfes; irin
ing the lands of William Reece, Samuel Cealey, and ] 'leph
James; to acres he has advertised for file on the of t: is
i, e conditions of faie will be mace known on the day
,°f b Y Nat HAN ,„, Nolen. $
'lO be S OLD by public VE NI) U L,on~FrLQ
tne firft day of November next, at ten o'clock)
.A VALUABLE plantation of tract.of land, containing
A 1 127 acres of good land, 70 acres of which are cleared, 10
asms of food meadow, and more are now making, the remainder
well timbered woodland; on said plantation are ere&ed a <mod
Bone house, 28 by 45 feet, two stories high, with tour rooms on
a floor, a good well ot water near the door, a go; d barn 22 by
feet, part none and part fiame, a cow-house and waggon fhed,a
hone mi&houfe, a never-failing soring of water under it a
good bearing orchard of about 200 apple, trees; the whole lituate
on the great road leading from the Great Valley to Cheder, in the
townfnip of Weft town, Chester county, 13 miles from Chester,
and 21 from Philadelphia, and is a finable place for a tavern
store, or any other public business; where due attendance will
be given, and the conditions made known, on the day of file
Ebdaddpbia, Odober 16. 1776.
an a pp re ^ce lad, named JOHN
1 ARCANE, 18 years of age, about 5 feet c inches
WM pale faced, dark hair, looks down when fooken 'to; had
on, and took witn him, a brown fuperfine clot' coat
br T h ^ a ^ "'' °”* check ^ ^ite
sundry lockups, and a pair of long quartered pumps.
Whoever apprehends him and brings him home, ihali be entitled
to a reward of Twenty S HT i.l IFGS from
WILLIAM RIGBY
take him away.
t G H , D OL L A rVr^v^—
R f ° f ihftant ^^ from the
fubfenoer. living in the Northern Liberties, a Welff ser
vant lad, n^med David Thomas, about 14 years of age, fielh
colc^o. i lack hair, thick ancles; had on, and took with him
a h.i-worn felt hat, a flriped lincey upper jacket, a fed un'
der jacket, a pair of brown fuftian breeches, a pair o f toed
trowfers, &c. Whoever takes up and secures said fervent '
that his matter may get him again, shall receive ; he above' re
ward, and reasonable charges, paid by
,X#* rf ^ ^^fr :^
=— — ——— . T
Limerick townfeip, Pbiladelpbia county, offer 17^6
RU N away from the subscriber, last night, an~E' n gliih fcr
vant man, named Jp HN Foster, about years of
age, about 5 feet 6 inches high, h ls blackish hair, for com
plexion, smooth faced ; had on a green coat with long waist ard
skirts, a light coloured jacket, black breeches, ffioes, flockings
an old hat, and two white shirts. Whoever brings home or <-'
r^r^ "^ ^^ m ^ ain > ^
hav^ EIGH7 DOLLARS reward,
Matthew Brooks.
SIX DOLLAR) Reward.
RU N away on Saturday morning, the 19th of Odober hft.
from the subscriber, living at Springtown Forge, Chester
county, a Dutch servant lad, named Frederick Fie, about
17 or 18 years of age, about 5 feet 6 or 7 inches high, a fwartby
complexion, brown hair; had on, when he went away, an old
brown coat, with white metal buttons, a homespun shirt, check
trowfers, dark brown yarn flockings, new ffioes, odd buckles.
Whoever secures him in any goal, so that his mafler gets him
again, shall have the aoove reward and reasonable charges, paid
by James M'Connaughy. Iff
bOUR DOLLARS Reward.
WHEREAS a certain Edward Diggin Scythe-maker,
was employed by me, the fubferioer, some time part;
since which he hath left the parts in a elandeftine manner, and
stole, carried ofr, and fold a considerable quantity of my pro
perty ; the said Diggin is a native Irishman, and pretends to be
es the Romiih persuasion, of a middle size, a femarklble fmoo h
tongue when f ber, a noted liar, a great lover ot company,
idleness and liquor, and makes a practice of deceiving his em
ployers; in order to do justice to myfelf, and to prevent his im
posing on the public, I offer the above reward to any person that
will secure the said Diggn in the goal of Chester, in the county
of Chester, in order that he may be dealt with as the law diieds.
OSeber 18, 1776. || Samuel Hibbard.
York I,and, October 9, 1776.
FORTY DOLLAR S Reward.
DESERTED from my company, of Col. William Rich
ardson's battalion of the Flying Camp, Sept, in, 1776,
the following persons, viz. Simon Gibney, about 5 feet 7^ inches
high, by trade, a baker, of a dark complexion, and black curled
hair; a quiet fellow. John Duffey, a well set fellow, 5 feet 6
inches high; bad on a Short green jacket, tirade sailor fafhinn,
pretty talkative full faced, and pretty freSh coloured. Eel-ward
Gallanougb, 5 feet 6 inches high, darlc curled hair, much pitted
with the small-pox. fames Quigley, a down looking fellow, of
a sandy complexion, 5 feet ic inches high, much pitted with the
small-pox; had on a hunting shirt. Samuel Painter, a little 'man,
5 feet 4 inches high, about 35 years of age, fhorr curled hair,
dark brown mixed with grey. '1 he above defer ters have all re
ceived two months pay. Any person or persons securing said de
serters and fending them to try company, now on York Ifhnd,
new Head Quarters, shall receive the above reward, or EIGHT
DOLLARS for wither of them, paid by
1$ Walter Alexander, Captail.
ON Monday, the 28th Instant, at Nine o'Clock, will be
fold at l'abhu Vendue, at bright and Pechip's V, barfly
ab.iut 580 Barrels of S?ER M ACETI OIL; taken on board
theßrig Sherburne, by the private Brig of War Hancock. Iliw