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

The dyfentry prevails fo rmicfc ur the neigh dob rfcood of Chatham, that it is difficult to find nurfes to attend the fick. Of 300 additional troops, that arrived in the barracks laft Friday, 150 were feixedwlth that fatal diforder, two days after. The difeafe is become epidemical, and Mr. Wood, furgeon of the barracks, Mr. Hill, of the Surry, and all the medical tri.e, nurfes, who attend the hofpital, are affiifted with the fame complaint, and now tie cfcngeroufly ill.

Oft. 14. As the laft prince was bom at there would have been more propriery in naming him Arthur than Alfred, from the well known circum flance of the round table at Windfor. Oft. The coun'ry gentlemen fhould be well aware of the various low ftratagtonsof mmifters, before they join the pluaderers and harpies of the ftnte in the profecution of the fruitlefs and deftruftive in North America.

A ftrikmg in (lance of this fort of delufion is to be feen in the laft fuccefsful paxetre a minyte lift is there given of the fighting men before the engagement, which made to amount to no more than about 1000. This is the fir ft inftauce of "fuch a lift, ami is evidently intended todraw the public attention from the peculiarly fortunate ch cunT fiance3 which gave lord Cornwaliis his advantage, to the belief of what fo fmall a force is capable of doing againft fo numerous a body of the enemy, and to renew the old impreflions of American cowardice and ivnnt of (kill. Before this engagement happened, when our fmall force in Carolina was fpoktn of, miniflers boldly a fferted there were feven thoufand effective men with lord Cornwaliis, who was faperior to any force the Americans could bring again ft him yet let any fair difinterefted man read the' fa ft gazette, and determine whether lord Coruwallis's viftory was not likewife an efcape and whether fo far from there be ing the. fmalleft probable chance of his effefti'ng any thing, his fituation ws not xt to defpernte Then let him fay whether any thing fhort of folly or wick cdnefs in the extreme, would rifle fuch, hair breadth fcapes in future, in a contefr where there is every thing to lofe, and nothing to be gained. With every refpeft for a young truly amiable in private life, judging from the paft as well as the prefent prevailing in Ireland, it is not difficult to foretell, that the appointment of lord Carlifle to the lord is pregnant with every mifchievous confequence of inadequate abilities, and the narrow accommodating fpirit of a party nomination, in the moft critical and important, public sera of that country.

The fyftem of ceconomy, borrowed of late years irom the kitchen of St. and praftifed, we know vyith what fuccefs, at Dublin caf tle, may not fuit ill with the fhattered finances of the new lord lieutenant but the Irifh, extending their fufpicioas beyond his domeftic arrangements, may poftibly entertain fome jealoufy of thofe motives which have led an unfledged ftatefman, after commencing his plan of redemption in1 America, where his own emolument, was the fole advantage his country derived from his commifiion, to fearch for other to feek his fortune inr and rehearfe his politics. Oft. 17. Tiie price of Morocco leather hath within thefe few days arifen more than forty per cent, in the city three Irifh, merchants havings immediately upon hearing that lord Carlifle was declared lord Jieutenant of Ireland, made vaft purchafes of that article for Ihoe heels, concluding that moft of the Irifh gentlemen, and certainly all the courtiers in that kingdom, will henceforth wear red heelM ftioes during the prefent high polifhed lieutenantcy.

Extraftof a letter from St. Udepeonfe, Sept. zz. England has, fince fame time, tried every pofTT Ijle means to bring abaut a mifunderftanding and di vifion between the houfe of Bourbon, and to make a feparate peace with To this end feverai emif faries have been fent here, and IYTr. Cumberland a mong others, who have tried different means to gain accefs to our miniflers they "have even endeavoured to intereft fome of the Roman Catholic powers in their caufe, and the moft powerful among them actually undertook, about fix months ago, to make fome propofitions, but they were not liftened to, as might eafily be expefted.

It ieems that the court of London has not yet abandoned that favourite projeft. Another perfon of diftinftion, who keeps the ftrifteft incognito, is lately arrived" here from fa to be charged by the Englifti miniftry with the moft extenfive powers. lie has had feverai conferences with Mr Cumberland and fince the departure of count d'Eflaing both thefe gentlemen feem very bufy in the purfuit of their objeft. They have tven fent propofitions to our minifter, containing in fubftance that England offers to cede Gibraltar to Spain, if our king wil confertt to a reconciliation. To this they have received for anfwer, That his MajefFy could not liften to any propofitions of peace, without the intervention of To.tnis they have represented, that France having acknowledged the independence of America, had by that very aft debarred them for a long while from all means of reconciliation.

Upon which they received for finar anfwer That his maiefty8 confeience, and the dignity of his crown, obliged him to adhere as firmly to the alliance he had contracted as the king: of France and that notwith landing his ardent wifh to give peace unto his fub jefts, and the great advantages propofed to him, he could not, nor would not," treat witn the enemies of his crown, without the concurrence of his Moft Chriftian Majeliy." Some fhort time after parliament had repealed all the ill fated American tax laws, except that accurfed three penny duty upon tea, Dr. Franklin and a gentleman then lately recalled from America (who had been placed high, by Mr. Pitt, in his majefty's civil employments in tnat country, and whofe intereft it certainly was to approve his judgment to the king's minifter) implored Lord North to be advifed, and to repeU that law alfo, as it only remain feftering in the minds of the people, who never would fubmit to it. His lordfhip replied, No, not yet but by and bye, when a proper time lhall come, I mean to repeal it." That proper time (in his lordfhip's judgment) hath pever yet come, but the tax law how ever 5s nevertherets eflfeftually, and" to all eternity, repealed, together with the lofs ot jurifdiftion over all thofe colonics feventy millions of money ami the lives of more than an hundred thoufand brave and valuable fubjecls and citix 'tis! So much for pro craftinatioa and obftinacy What dire events from trivial caufei flow To the PRINTER. TN your laft New paper, you printed for public con fideration, a bill for extending the benefit of a late aft of affembly of this ftate, entitled, An aft to fet tie and ad ju ft the accounts of the rroopsof thisTtate in the ferv ce of the United States, and for other purpofs therein mentioned, to regimental fur gesns and their mtes The preamble fets forth, tat it has been doubted, whether thefe officers be included under the defcriptron all the officers and private men of the Pennfylvania line for thefe are the words of the aft intended be amended.

Had the ex predion ben limited to commiffioned officers, perhaps form difficulty might have arifen, but if is really hard to guefs at the ground of the al'edged uncertainty. Ft would.be well, however, to confider whether the pafling of this fupplement will not lead into greater difficulty than it can remove. Will it not, by implication, diveft the chaplains of the brigades No; be caufe this couftruftion would not be equitable. The chaplains iiave the fame ground for indemnification as others. The enafting words of this propofed funplement declare, that all regimental furgeons and rheir mates in the faid line, mall be, and hereby ar entitled to half pay for life, and fuch other emoluments and nefits, to all intents and purpofes, as the military com miffioned officers in the faid line, are entii'ed to, under the faid that is ro fay, the aft firft above mentioned.

This claufemuft appear, to the reader, very extraordinary, when he Hiall be toldrthat tne aft here referred to, contains nut an idea about half pay, nor is the word commifitoned" it it. Perh ips it will be anfwerd, that the half pay is to be underftood of a provifion heretofore made for commiffioned officers. But that cannot be, for the ftrift conneftion formed between the half pay, and the further advantages by the words, and fuch other," limit the whole to the law in queftion, fo that this feftion will pafs nothing to thefe furgeons not the half pay for there was none derived under the aft, intended to be extended nor the other emoluments and benefits; for the general words, all the officers and private men of the Penn fylvania had already inverted them with the indemnification for the depreciation of their pay, which is all the advantage derived from it. Perhaps there is a grofs error in the tranferibing of the bill. Poftibly we fhould read it A fupplement to an aft, en an aft for the moreeffeftual fupply, and more honourable reward of the Pemi fylvania troops, in the fervice of the United States of America.

In the law laft mentioned, there is, indeed', a grant of half pay, not, indeed, for life, but from and after the expiration of ah equal annuity, promifed by the honourable the Congrefs of the United States, to alb military commiffioned officers," under certain reftriftions and limitations. In this aft, too, there are other emoluments and requiring a clear which the1 making good ths depreciation of pay being a matter of jufticer feems not fo much to need. If, therefore the defcriptiori military commiffioned officers" will not reach to furgeons, it may be proper tcturn this bill into a fuppiement to the aft ju ft recited. But although the bill as it flandsy appears to be wholly fruitlefs, yt a fupplment to explain and amend the aft for adjufting and making good the pay of the army, is certainly among the defiderata of this ftate; I fha 11 therefore take the liberty to mention fome real difficulties in the matter of "that and raake fome remarks on the By the laft the fate of the confiscated' eftates, as they are was deferred till the firft day of July next. This feemed unaccountable, when the bill was depending inafmuch, as an early difiri button of th value of them, to each officer and foldier, proportioned to his particular pay, would have been no lofs to the whilft it provided a and welcome relief to the military.

The immediate fale of thefe eftates is, however by a very unforefeen event, fince, become highly expedient. The large advances of public money, appropriated to other important purpofes, which have beei made to the Pennfylvania line, in part of the lofTes that they fuftained by the depreciation of the pap.r money, have drained tha treafury of the ftate. ft therefore, quite reasonable, that the few forfeited real eftates, yet remaining, be difpofed ofwithout lofs of time, and, after re inftatingk the treafury, the overplus be employed in a further diftributi to the gentlemen of the army. When this bufinefs fhall come upon the carpet, it may not be amifs to clear up fome real difficulties in thefirft aft: fuch as to define the term "confiscated," as it is not known in thecommon law, nor ufed in any former law of Pennfylvania. Concerning forfeited eftates our former legiflatures have.fpoken, but: not an idea can be collefted, from their feverai declarations, of the other.

For confiscated and forfeited do not convey the fame meaning. The firft it a term of the civil law, intending fome property, bekmcing to the public treafury;" the latter eftate, whereof the right "hath gone, or departed from the former, owners. If there be no property in the ftate, or acknowledged by the laws, under the name of confrfcated," there can be nothing appropriated by the words which, we are confidering ft is true, that in this cafe there 13 no private interference with the military if there was, great doubt would probably enfue of the intwnt of the law. Of the law, I fay for though the defign of the legiflature can be collefted yet the expreffion of afts of affemb'y is the pole ftar of the executive officers. Still more ambiguous is it, what particular forfeited eftates are intended 2 Taking forfeited tD be the intent of confiscated, then it fhould feem, that all forfeitures and penalties, even thofe given by former regulations to the poor and highways, are now incorporated with, the real eftates forfeited by attainJer of treafon, as a furid for indemnifying.the foldiery This idea, however, feems to be ineoafihent with the file here fpoken of, which are deferred till the firft of July next.

Yet poftibly both may well enough ftand together. If the real tftates forfeited by attainder of treafcni, ooy, were intended, it feems very proper the afi mhly fhould fay fo, and not leave fo important a difficulty unexplainfd. i Again, the auditors, eilablifhcd by this aft, to ef tinlate the depreciation of the pay of the Pennfylvania Hhc, are authorized by feftion fecond, to eftimatc in all urns of continental money, received by the officers and privates, on account of their pay. Why not all bills of creoit, as well as the paper money ilCued by Congrefs, which have been employed for this ufe or all bills of credit, that have equally funk in value I'elldes, the word continental, imprudently infinuating a claim in the United States to all the main land of America, inebnfiftent with the rightful poffefiiors of Spain, France and Portugal, being withal improper orherwife, has been for fome twne piifed, avoided by Congrifs. Tne defin of the fifth feftion, was to reftrain he privates of tns araiy from aliigning their crtificateJi, unlefs tije transf be attefted by the officer commanding the regiment to which they belong.

To make tnis un it may be proper to fay 9 that the auditors before mentioned, on adjufting the deficient pay of eacn officer ar private, are Jto furnifll him with a certificate, fet ting" forth, the fum to which he may be entitled and this" to prevent their being counterfeited, or becoming objefts of fpeculation." It is aftted, are thefe vouchers aflignahle in their nature Certamly notes of hand, or promiffory notes, were not negociable, till made fo by aft of affembly, in the year 17 15. Such certificates can only be evidences of a demand in behalf of the perfons to whom they fhall be made. Tnis eftablithed idea of the common law, is acknowledged, by an att of affembly, patfed in th year 1766, enabling the managers of the city alms houfe to borrow moniy at intereft, on their certificates; for a fpecial claufe, in this law, made thefe certificates aflignable, and barred the right of the af fignor It fliould therefore feem, that an exprefs au tnority is ftUl wanted to enable even the commiftion ed officers to transfer theirs. phrafr, objects of fpeculationJ The ufe of the canr in this feftion, dftref (es me That our legiflature fhould adoot a term not known in the language a term afiumed by engrof fers and foreilallers, to avoid appellations, which import criminality and difgrace, is rsally ftrange. But it fttould be remembered, tiiat their authority, however great, doth not entitle tiiem to ufe' new fangled and uncertain expreflions.

We allow them to ftamp money, but not to coin words. They who peak to the people, fhould ufe fettled and plain language fup pofe the fenfe of this fentence could poftibly become an important queftion in a court of juftice on one fide it might be proved, by all the that fpecu latioq intends an intent ftudying or thinking upon any matter but what fenfe would this give to the paffage on the what altho, what book in the vaft fund of writings extant in Bnglilh, could be adduced in fup port of this ufe ct it Yes, I Vecolleft to havefeen lomething like it in Rivington's Gaxette. But what an authority is this A I go along, I fhall ju ft mention another vulgar ifm in fubitituting the prepofition to, for the conjunction till. This occurs in feftion the fecond from the firft of January 1777, to rhe firft of Auguft 1780." We laugh at a mode of common in fome parts of the ftate from Lancafter till Carlifle but the former is equally inaccurate, The mention of fuch. failures in compofition, may be ufeful on future occa fions.

It is certain, they difgrace a public body. Seftion the feems to degn an authority in the auditors, to take the arteftation of the officers and foldiers to their accounts Bufif this were intended, the Words are not fuffiicient. As it is againft the fettled courfe of the common law, that any perfon mould be heard on oath, in any matter, in which he has the colour of intereft, very exprefs aud explicit terms are neceffary for that pu.poe "A power, barely to fettle accounts on as will warrant the auditors to examine difiuterefted witneffes after this manner. As mufter rolls and pay roils will, form the ground on which this bufinefs muft be condufted, there fetma little for admitting the affidavits of the parties which fhould' very feldom or never he done, as it lays men wider too great temptation. This laft obfervation is defigned for the auditors.

If criticifm only were the intent of thefe firic fares, the aft before irs affords fubjeft enough of tiiic nature. We might proceed to a confiderable length. It was certainly an hafty and crude piece of legal compofifioti, and may ferve as a memento to our rulers, of the advantage of letting their bills in affembly, lie over till another fitting, as the conftitution has wifely direfted. I am, Sir, yours, Philadelphia, Feb. ao, 1781.

SYLVESTER. The phrafe ufed is, alJ confifcated cRatea.1 Philadelphia, March 3. Intelligence from the Southward. BY authentic advices we learn, That General Morgan colkfted near one hundred prifoners, by parties Tent out for the purpofe, after the account he gave in his letter to general Greene, dated the 19th of January laft. That upon receiving the news of Tarle ton's defeat, lord Cornwaliis marched with his arm in purfuit of the light infantry and the prifoners.

As foonas general Greene was informed of the movements of lord Cornwaliis, he put the army in motion on Pe dee and. leaving it under the command of gener'l Huger, fet out to join the light infantry, in order t.v colleft the militia and embarrafs the until he could etfeft a junftion of hisjforces. General Morganr after the defeat of Tarlaton, jhad every judicioufly made forced marches up into the country, and happily croffed tne Catawba the evening before a great ratf; which welled tiie river to fucri degree as preveaiM 'i.