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Dunlap and Claypoole's American Daily Advertiser from Philadelphia, Pennsylvania • Page 2

Location:
Philadelphia, Pennsylvania
Issue Date:
Page:
2
Extracted Article Text (OCR)

"Gbjrflions uilnfl'the Bill for incorporating the City of Pa.Iadc ia, as pu iliicd lac Pennfylvania Guttf, of June 4, 1733. PREAMBLE. This holds forth, that the incorpo aime; 01 chits aud.town effectually promotes fde, induftry, rule and order therein. 'Hie expenenc of England has no manifefted that inHe or inrJuflry ire promoted by the charters of Jit cities, or jrougi.s. On the contrary, it hat been fouo 1 ihat many, once large and fiourifhing towns have be preafly re Juced, by the illiberal arid miftaken nmm in which thr leaders of thefe communities have rcifd fh ir authorities; particularly that of bye making This is fo obvious to every traveller who erfr hat kingdom, thaf it is Orange the abufe has not brought ita own remedy long fince For divers unincorporated towns, as Manchester, Birmingham, unfetteied by thefe fcheivous eftablifliments, are in themenn rinie, growing uprapidly into hrecitie.

affords no fupport to the pofition above ftated. As to rule wnd ood order, if th not appear, that thefe open towns are tne lef orderly, becaufe they be not incorporated. There is not an incorporate town in ail Nt w. England, yt that country poflefTes an excellent police, and its inhab tants are perhaps the molt ordrrlr of airy. A'l men of fenfe and candour in England rfgret, that their cor prate towns tlill continue to be fuch nuifances.

Hume, hift. Eng. vol 3d, p. 425, oFh. edition, peaking 01 the condif ion of England, during the reign of Henry the VJf, fays that on great check to induftry, in thofe days, was the crOinc of corporations; an abufc not yet entirely corrected." Dunne the uncivilized age, charters were of real fer vks to the artixms, who collected in the towns to carry tn their bufinefs.

They ferved to combine, and or ganrze the free inhabitants for their mutual fupport and defence againft me gret whofe violence would otherwil have foon diftodged them. Hcfides, tnefe petty tyrants, who hold the hufbandmen, enthralled under villain tenure, touid not endure, that prrfbns of the low condition of thete tradefmen Ihould enjoy per fonal lioerry the peculiar privilege, as they contended, of fhemfeives and 'ie clergy. In fome monarchies, perhaps, rhe exemptions and immunities of corporate bodies, if 'ref peeled by the fovereign, nny ferve to circumfcribe and limit abfolute power, aid thus he ofef at this day to the nation Butin this country all ch combinations of men and of property are, fo fa as they go, repugnant to the nature of our democratic government. Corporations within the United States ihould therefore be as few as may bf, and limited the moft neceffary purpofes. An exctrfs in Tbefe enablements would foon dellroy our tqufci liberty.

It would be fcarcely worthy of remark, that only '54 perfon petitioned the afTembly to incorporate the city, were it noi, that their petition is relied on in the preamble for tne necefiity of domg if. Proceed we now to the firft enacting claufe. This purport, that the ciy only, that is the town between Vine and Cedar ttreet be entitled to the 4t effectual promoting of trade, induiiry, rule, and good order." The northern and foufhe'rn fuburbs may fhift for them rlvefc. To the old city bounds are thefe advantages to be refirained, as a monopoly. VViiat haveour neighbours done to deferve this unequal treatment Farther on iithe bill, the defignrd corporation is to be autho rifed appoint and limit the lawful landings and wharfs in the port of Philadelphia.

See fectiou 2.6th. By this it Ihould feem, that no wharf without their narrow bounds, is to enjoy this peculiar privilege, but under favour of the corporation. Sections 5th, 6th, 7th, Sth, 9th and 10th, are employed in regulating the number, manner of appointment, and attestations of the magiftrates and tulers Tic hi 11 the intended body politic. Thefe are a mayor, recorder, an undefined number of aldermen, and 40 common council men. Sections nth, 12th, 13th, 14th nnd 15th, chiefly provide for the removal of any of the forementioned officers, by vote of the common council, in cafe of mif government.

What reafon can there be to fuppofe it may be neceffary to difmifc a common council man, whofe term is but one year, and who belides cannot be (aid to in a legal fenfe, by advifing and giving his vote? fuch a power may indeed enable the predominant faction to rid tbemfelves of the minor party. And as to the magiftrates, who we fhall, by and bye, find, are to be juftices of the peace for life, in direct repugnance to the conflitution, would not they, as other civil officers, be liable to be impeached by the sdTembly, and tryed by the council, or to be indited at common law and in either cafe, if found guilty of milbshavior, 10 be removed from the keeping of the peace by the affembly. To fuch proceedings would tiitfe magistrate certainly be amenable. How then is it reconcileable to fenfe or law, that they be alfo fubject to the caprice of perhaps 50 men, deciding, not as a court of juftice, but in an arbitrary manner; for all large bodies of men, whether clergy or laymen, at cardinal Retz long fince ob erved, are of the nature of mobs, when judging the cafes of individuals except always the reprefentatives of the freemen of Pennfyl vania in general affembly met. In v.t 1 6th fection, the power of ordinance making, is given in the moft ample terms the moft dangerous of any propofed by the bill.

Tiis, it is faid by fome, is to fave the legifiature of the ftate, from the fatigue and lefs of time, in enacting regulations for the city of Philadelphia. But fuch perfons have yet to learn, that the power of binding the people within corporate towns, is at common law limited to the accuflom'ed and conftant exercifes of it; all other being fuppofed to be loft by non ufer. The difcredir into which thefe communities have fallen, has influenced the determinations of the courts of VVeftminfter, and difpofed the judges to ftize every opportunity of narrowing the poweri of city and borough corporations, in this and other particulars. Of conftqueuce, all the old and mifehievous modes of bye law making, remain in force, Vrhereas to modern improvements, this authority is wholly inadequate and infufficieat. It feems that none of thefe coTjmunities hnve formed precedents, wherein fucn regulations can be fupported.

For thU reafon, every city and town in England, defirous of innovating or amending its police, nt tins day conftantly applies to parliament for an act to ellablihh the defign fo unequal and inapplicable are the corporate powers acknowledged to be. The ftatute book teems with fuch ioterpofitiens of the iegifl it re. This idea, therefore, that a corporation will relieve the afTembly from legif lating for the city of PhitadHph is all pretence. Could a bye law give power to any of its officers, to take a fee not accuftomtd or eftabliflied by law I Should an ordinance for jvrflsnct be made to conftitute amea furer of fait, afndfo compel the dealers in fatt to pay him for his fervice? I trow not for this would be taxine the people, which no corporatioacan warrant ably do. But the city ought nof to be' thus turned over by the legifiature of the ftate.

to any other body. She certainly merits a proportionate. (hare of theinat tenfiou with the counties, and I truft will always en a 1 rr ru 1 joy it. inneea, ine auemoiy mouia ue Tvaiununuit tain all undiminillied. This feMion, alio, is defigned to impower the propofed corporation to nominate other officers at their pleafure, bffides thofe named in the bill.

'Perhaps, thefe may be, among others, a flieriflf and coroner. Section 17th dirclly violates the conftitution of the ftate. By this, jufticesof the peace to be chosen by the freeholders of the city or diOricl, in a double election, and the fupeme executive branch to (elect and coinmifnou one half of them they to hcil their offices for feven years, if they behaved well, but the it nlfrahlp nn thr rrrmfft of the major number of the freeholders of the precinct. The bill, not withflandin, without any'previous motion on the part of the freeholders of the city, purports to inveft the city magiftrates, eligible by the freemen at large, without any alternative in the prefident and council, and hording or life, with the powers of juftice of the peace; and alfo, with the powers of 11 juftices of oyer and terminer, as fully and amply as any other." What, are the freeholders of the 'city to be thus deprived of thtir conftitutional rights, without having forfeited them; and a few months only before they would be intitled to exercife their feptenial privilege of making a new choice, as to mofl of their prcfent jurftice? Why (hall the new city juftices be enabled to try capital offenders, as the full jurifdiction above recited, imports None of the county juftices have this power. How anviduous this I Bcfides it intrenches on the right of the prefident and council to appoint all judges, except juftices of the peace.

By fection 20th, the city magiftrates are alfo to be juftices of the peace, throughout the county of Philadelphia. After withdrawing the city, fj much as the bill purports, from the county rule and jurifdiction, this nuthoriiy feems to be unequal, improper and not neceffary. It alfo very and ipviduoufly gives to the corporation the fines, and another fection, the recognizance forfeited in the city court fuppofe evtry county in the ftate were to afk the fame, where would this end? Would itnotdeftroy the conftitutional right of the prefident and council to remit or mitigate penalties in proper cafes and will it not corrupt juftice, if the funds of the city corporation depend on fins ira pofed by her leading officers I The fimilar privilege of the late mayor and commonalty ps to fines, when this cafual revenue went to the governor, was lefs exceptionable. (To be continued.) BOSTON, Auguft 16. Laft Monday arrived the floop Deer, RichardGrin nell, mafter, 0.1 days frori St.

Jonn's, Newfoundland, who informs, that American veffels were not permitted to enter, wear colours, or fell their cargoes, except fuch articles as the neceffiries of the required that a number of American. veffels were there, waiting the arrival of the governor, who for fome time had been expected and further fays, that flfti fold for fix teen (hillings fterling per quintal. Auguft iS. The General Cour in their late Seffion, ordered a congratulatory Addrefs to be tianfmitted to his Excellency General Wafhington; of which the following is a true Copy. SIR, TH frnate and houre of reprefentatives of the commonwealth ol MafTachufetts, in general court affcmbled, take this opportunity of con igratulating you on the happy return of peace.

Your excellency, we are affured, will join us in the warmeft expreftions of gratitude to the Supreme Ruler of the univerfe, under whofe influence and direction the ftruggles of a virtuous and free people have terminated in a revolution which excites the admiration of the world. Guided by his allwife Providence, your country early fixed htr eyes upon you and confiding in thofe eminent qualities which you pcffefTed, appointed you to the command of her armies. The wifdom of your conduct in the difchrge of that important truft, has given a compleat fanftion to the appointment, and crowned the moft heightened expectation. In every ftage of the arduous conflict, what trying fcenes have you not paff jd through What hardfhips have you not endured What dangers have you not encountered! May Heaven reward your unremitted exertions May you long live, beloved by a grateful country, and partaking largely in the enjoyment of thofe ineftimate bleftings which you have been foi eminently inftrumental in fecuring for us! While patriots fhall not ceafe to applaud that facred attachment which you have conftantly mariifefted to the rights of chixens too often violated by men in arms! Your military virtue, and achievements will bs deeply recorded in the breafts of your countrymen and their poftf rity and nuke the brighteft pages in the hiftory of mankind. WORCESTER, (MafTachufetts) Auguft 21.

We hear that the Bririfh garrifon haveevacuated Penob fcot, and arrived at Halifax ii Nova Scocia It is faid the Hcfllan troops, the who compofeart of garrifon aj Halifax, were embarking for Europe, nhen the lafl counts left that place. SPRINGFIELD, (M fTachufetts) Augnft i9. Saturday the 9th inftanf, about two o'clock in th morning, a company of ruffians to the number of about twenty, armed with fwords guns and bayonets fur. rounded the houfe of captain Jofeph Cook, keeper of th goal in Northampton, and having placed centinelg at the doors and windows, broke into the houfe and af faulted captain Cook, his wife and daughter, prefentin fwords and bayonets at their breads, threatning thera with inftant death, demanded the keys of the goal, which captain Cook abfolutely refufed fo givf them, whereupon they moft inhumanly beat and bruifed hirr and threw him out of the window, ranfacked his houfe and robbed him of a fmall fum of money from his deft, and being under terrible apprehenfions of being all ta they very fuddenly took to flight and were foon out of'town. Their principal aim no doubt was liberating from the goal, one Samael Wtlls, who at the laft fupreme court, was convicted by the oaths of twelve jurors of the crime of perjury, and is confined in faid goal, fufferin the fentence of the law of this commonwealth for faid offence; but another aim they had, no doubt, was plunder which they fucceeded in A number of them are known, and no doubt will meet with the pufiifhment Xuch high handed offencs merit.

I Auguft 16. Extract of a letter from a gentleman in Princeton, (Nw Jerfey) to his Friend in this town, dated July 19. tC This day has been ratified, in Congrefs, a treaty of amity and commerce between the United State and the king of Sweden. This treaty was concluded at Paris the 3d of laft April, and figned by. Dr.

Franklin, who was conftituted minifler plenipotentiary for that purpofe, by a commiffion ilfued the Sth of September in behalf of the United States, and by count Guftavus Philippe Creutz, minifter plenipotentiary in behalf of the king of Sweden, This treaty, Itee thofe with France and Holland, lias for its balls the moft perfect equality andrecipro city and for its object, the mutual benefit and ad vantage of both nations" i. Auguft 22. Laft Tuefday four cattle died in the Great Neck is this town, in a few hours after eating fome wild cherry tree leaves, from a tree which had juft before been cut down and laid on a fence. Captain Ellioi, in a veffel from Stonington, foundered at fea he, with his crew, after being eight days their boat, arrived at Guadaloupe: faved only, tie cloaths on their backs. NEWPORT, Auguft 16.

Laft Monday arrived here the floop Good Intent, captain NorrU, from New York, in which came pa( fenger the lady of the honorable major general Green. Laft Wednefday evening we had a very fevere fiomj of thunder and lightning; by which a ferry boar, ly ing at Cowley's wharfT, was llruck and conficlerably damaged. No other injury was done, except ftuniiig feveral people, fo as to render them fenfejefs for fome minutes, and breaking fome crockery ware in the hou fes adjacent. CHATHAM, Auguft 27. Thurfday his excellencygeneral Wafhmgton and hdy arrived at Elizabethtown on thejr way to Kocky Hill, where his excellency has taken a temoorary refienceto do bufinefs witn Congrefs.

Moft of the inhabitants ii the borough of Elizabethtown being that day afJerc bled on bufinefs, took the opportunity of prefenting ni excellency a very cordial addrefs, which, with theac fwer will be in our next. Cornelius llet field and Smith Hetfield are both confined in the prvoft of New York, for fome of their nefarious actions. It is probable their punifhinent will be tantamount to their demerit. We hear that all the provincial corps, in Britifh p3' are to be immediately difbmded, and inftead of hal: pay for life, as the officers vainly expected, fourteen days pay is deemed, by their beloved king, auadequiu compenfation. Philadelphia Sept.

2. Rtntr Ppnnfv I wfl la wit RECEIPT of continental taxes from the flafes of Pennfy Ivania, publiftied in purluance of the fixfh article of inftructions from the office of finance, dated lit 12th day of February, 1782. For the month of Auguft, 17S3. Dollars, colli Auguft 7, Received of David Ritten houfe, efquire, 1 1, of ditto 2655 3j lis, of ditto 5972 25, of ditto 75S0 of ditto loo Dollars. 23.607 3S Tn all, 'twenty tight thowfand fix hundred and ftvcS Dollar and thirty five ninetieth parts of Dollar.

J. SWANWICK, receiver ci continental tixes for Pennfylvania. Philadelphia, September 1, 1783. Map of the United Statesof America. f4.f To be fold by DaviJ C.

Claypoole, an coloured MAP of. the United Statfs, exi i.hf' the Boundaries of the fnid States, as eftablifhed by Treaty of Peace. PriCe One Dollar. A Dn 12 I'm li.n anH ffT1 1 1 A I Anfd CiCg'HIl' prilMCU, UUUUU auu beautiful to be Sold by the Printer..

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About Dunlap and Claypoole's American Daily Advertiser Archive

Pages Available:
14,046
Years Available:
1771-1796