The Pennsylvania Packet from Philadelphia, Pennsylvania on November 30, 1779 · Page 2
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The Pennsylvania Packet from Philadelphia, Pennsylvania · Page 2

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Philadelphia, Pennsylvania
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Tuesday, November 30, 1779
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. ft t v 4 t f V - k I Academy and Charitabje School of the city of Philadelphia, and to amend and. alter the charters thereof, conformably to the revolutionand to the confutation arid government of this. Commonwealth, and to erecV the fame into an Univerfity. , ' . , . - ' . . 17 H E A S the education of youth, hai; ever, V V bee - n found to be of the mpft effential contequence a - veil to the ftOod government of States, anaT the peace and welfare' of Society, as to iheproSi and ornameni ofr individuate, nifcniuch that from the' experience of i,U a - gc, it appears that fern inaries of learnjng, when properly conducted, hve bsen public bleffings to mankind, and that on the contrary,' when in the hands of dangerous and. difaffecled men, they have troubled the peace of Society, lhakea toe goernment, and often caufed tumult, fedition and bloodihcd. AND WHEREAS the College, Academy and Charitable School ol the city of Philadelphia, were at firft founded on a plan of free and unlimited cafholicifm, but it appears tnat the Truftees thereof, by a vote or bye - law of their Board, bearing date the fourteenth day of June, in the year of our Lord one thoufind (even iiundred ard fifcty four, have departed from the plan of the original founders, and narrowed the loundatioh of the faid inftiruti - 011. Be it therefore enabled, and it is hereby enacted by the Reprefentativts of the Freemen of the Commonwealth of Pennfylvania, in General Affembly met, and by the authority of the fame, That the charter of the faid feminary granted by the late Proprietaries of Pennfylvania, bearing date the thirtieth day of July, in the year of our Lord One thoufand feven hundred and fifty - three, whereby certain perfons were incorporated by the name, ftile and title ff tMTrufWitnf rh A rademvandCnaritable School, in the Province of Pennfylvania, and the additional charter, granted by the fame Proprietaries bearing date on the fourteenrh day of May, in the year of our Lord One thoufand fevea hundred and fifty - five, fay which the Truftees of ihe fame Academy and Charitable School were again incorporated, by the name, ftile and title of theTruftees of the College, A - cademy and Charitable School of the city of Philadelphia, ia the Province of Pennfylvania, together with all and fingular the rights, powers, privileges, emoluments and advantap.es, and alfo all theeftites, claims and demands to the fame corporation belonging, difcharged from the afore recited vote '.or bye law of the faid Tru flees, confining and narrowing the true and original plan of the laid inftitution, which vote or bye - law, and all others, contrary to the true defign and fpirit of the faid charter, are hereby declared to be void, he and they are in and by this Aft ratified and confirmed to, and for the ufe and benefit of the fame feminary for ever : And to the end that the Truftees herein after named and appoinred, may be the better enabled to effectuate the pious, aud praifeworthy defigns, of the Fcunders, Benefactors and Contributors of the faid College, Academy and Charitable Schuol of Philadelphia, Be it further enafted by the authority aforefaid, . That it fhall an - JS may be lawful; for the Supreme Executive Council of this S.ate, to referve fuch aud fo many of the con fit cat td efi&tes, yet unfold and unappropriated, as to thcrn lhall appear neceffary, in order to create a certain fund, tor the m untnance of the Provoft, Vice Trovofi, MafterE and Aififtams, and to upheld and p referve the Charitable School of the faid Univerfity. Provided always, That the yearly income of fuch eflates fo referve:i and appropriated to the ufe of, the faid Univerfity, da not exceed the lum of Fifteen hundred pounds, computing wheat at the rate of Ten fhillings per bufiVl. And ProviJ.d alfo, That fuch refer vation be from time to time laid before the Gener - d Affembly of this State for their approbation and confirmation. Provided always, and be it ena&ed by the authority a - forefaid, That the ratifying and conhiming the faid charter, or any thing herein contained, fiiall not extend or be conftrued, to exienJ to the confirming or efl .blifhuig any of the faid Truftcts," in the faid charter named, or deriving by any eleflijn, or pretended election, or appointment, by, trot or under them, cr any of them, nor to any Provoft, Vice. - Provoft, Profeffor or other Minifter or Officer of the faid feminary, other than fuch as are hereby or may nercafter be appointed, the faid Board and the Faculty being hereby diuolved and vacated, nor fhall the fame t xtrad to fuch parts the charter, as in and by this Aft are or may be abrogated, annulled, alter - ed or fupplied. And bt it further enafted by the authority aforefaid, That frenr and after the paffing of this Aft, the fuperin - tendanceand truft, together with all and lingular "the powers, authorities and eflates, real, perfonal and mixed, of the faid College, Academy and Charitable School, fliall pafs to, devolve upon, and be vcfted in thePrefidenr cf the Supreme Executive Council of tnis Com ncn wealth, the Vice Prefi ient of the fame Council, the Speaker of the General Affembly, the Chief Juflices of the Supreme C.jurt of Judicature, the Judge of Admiralty and the Attorney General for the time bsing, in virtue of their feve - ral offices, and the fenior .Minifter in ftanding of the E - pifcop 1 Chuchesand Conreg itions, and the fenior Minifter in ftanding of the Prefbyrerian Churches, and the fenior Minifter in ftanding of theBaptift Churches, and the fe - nior Minifter in ftanding of the Lutheran Churches, and the fenior M'.ni ft er in ftanding in the German Calvinift Churches, and the fenior Minifter in ftanding ii the Roman Churches, whofe Churches or Houles of public worfhip are, or fliall be in the city of Philadelphia, or. within two miles of the old Court - Houfe in High - firtetin the. faid city, together with the Honorable Benjamin Franklin, Doc - or of Laws, Minifter Plenipotentiary from the United States of America, to His Moft Chriftian Majefly, the Honorable William Shippen, Frederick Muhlenberg and James SearlrEfquires, Delegates in the Congrefs of the faid United States for Pennfylvania, the Honarable William Auguftus Atlee, Efquire, and the Honorable John . Evans, Efquire, Jaftices of the Supreme Court of Judicature Timothy MaiLck, Efquire, Secretary of the So - preme Executive Council of this State, David Rittenhoefe, Efquire,; Treafurtr of this State, Jonathan Bayard Smith, Efquire, Samuel Morris, fenior, Efquire, George Bryan, Efquire, Thomas Bond, Do&or t Phifiick, and James Hutcinfon, DjfW of Phyfick, which faid civil Officers, Miniflers of the gofptl. and others herein mentioned 2nd appointed, for and during their continuance ia the inr& for. ever bereattc. - , l.iail be, - regain und continue the Truftees aforefaid, by the name, ftile and title, cf thtf Ti - ufteesof the TJuiverfit of the State of Pennfylvania, and Hull from henceforth havej' fiold, ufe, exercife and enjoy, all the powers, authorities and advantages, of - the. e - : flztes, rights, claims and demands of the Truftees appoia - ted by or in purfuance of the charters of - the faid copo ration, or either of them, inftead of the faid Truftees, ap : pointed by or deriving; under the faid.charter, or preten - din' fo to do, - in tmft;neverthclefs, 'for the proper ufe of the faid Univerfity for ever. - " . - ; - . Provided always, .That, if any Truftee of faid Univerfity. fhall take any charge or cfrlce under the faid Truftees, . other than that of Treafurer, his place fliall thereby be vacated, and in the cafe of a Minifter of the gofpel, takihg fuch charge er 'ffice or neglefting to qualify according to the direlionsof this .Acl, within one month Rafter perfonal notice given of his coming to Tucfi truft , the next Minifter in femority of the fame denomination fhall fucceed him, fuch feuiority to be. accounted from the time of fettlement of fuch perfoa, as Minifter of a Congregation in or near the faid city. Provided alfo, That in cafe the choice of a new Treftee, in the room and ftead of any of the perfons laft named, or their fucceflbrs, fhalf be difaliowed by the Houfeof Affembly within fix months, the Truftees fhall be obliged to make choice of fome other perfon. And be it further enacted by the authority aforefaid, That inftead 01" the oath or affirmation and de iteration which were tnjoined and required to be taken and made by the fecond or additional charter herein before referred to, o the faid corporation, by the Truftees, Provoft, Vice Provoft and ProfefTcrs, of the faid College, Academy, and Charitable School, which oath or affirmation and declaration, being totally inconfiftant with the independence and conftitution of this Commonwealth are hereby abrogated and repealed, the faid Truftees herein before appointed, and their fucceflVrs, and the Provoft, Vice Provoft and Profeffors and every of them hereafter to be appointed in fuch manner and form as herein is directed and required, before he or they enter upoii the duties of their truft or office, fhall before two Jufticesof the Peace of the city of Philadelphia, or of fome county of - this State, take and fubferibe the oath or affirmation, prefcribed by the fortieth Setticn of the Conftitution of this Commonwealth, to be taken by the .officers of this State, and alfo the oath or affirmation of allegiance directed to betaken by the fame officers, in and by thefeventh and eighth SeC - 1 lions of an Aft of Affembly made and paffed the fifth day of December, in the year of our Lord One thoufand feven hundred ane feventy eight, intitled, " A further Supplement to the Ai intitled, ".An Aft for the further fecurity of the government," and fhall alfo take an oath or affirmation fir the faithful difcharge of their truft or of - , fice afortfaio. And be it further enafted' by ,the authority aforefaid, Thai all and every the claufe and claufes in the faid - charters, wherein and whereby the Truftees of the faid College, Acahtmy andCharitable School, are directed and en - joined to make their rules, ordinances and ftatutes, not repugnant to the laws in force in the Kingdom of Great Britain, nor to the laws in force in the Pro - , vines of Peunfylvauia, be, and they are hereby annulled, repealed and made void, and the Truftees herein and hereby appointed, are required and enjoined to review the rules, ordinances, and ftatutes herrtofore made by the former Truftees of the faid feminary, which fo far as they are repugnant to the Conftitution and hi ws of fhe State hie hertby repealed, and ta frame the feme if neceffary, and all rules, ordinances and ftatutes hereafter to be made, confifient with. the Conflituti - ' on and laws of this' Commonwealth. . And be it further enafted by the authority aforefaid, Thai the bufinefs of the faid corporation fhall and may be tiii't facte d, perfomed and determined by the major Vi te cf a meeting of feven at leaft of the Truftees appointed by this Aft, and their fucceffors, duly notified and caiicd, other than the choice of new Truftees, the nominating and cenftituting, or thsdifmiffing of the future Pro - ' volt, Vice Provoft or Profeffors, or any of them s or the alienation or leafing of real eftates for more than feven year.., or a ay extraordinary and new expenditure of the income or ot.ier perfonal eftate of the faid Corporation, or the altering any falary, or the granting degrees to the fchoiars of the faid Uuiverfity, or to other perfons; or to tie making any ordinances, ftatnte or tye - law, which feveral enumerated afts and doings may be tranfafted and periormed ivy a niajoriry" of at leaft eleven of the faidTruftt es, duly notified and convened as aforefaid, and not ciherwife. And be it further enafted by the authority aforefaid, That tha claufe in the firft cljartcr of the faid Corporation, whereby tiie Truftees thereof were limited to be inhabitants of Pennfylvania, rtfiding within five miles of the A - eademy and School aforefaid, although licence was given in the faid charter, to fet up the fame at any place within the faid Province, which the faid Truftees (hould judge . to be moft conveni nr, fo far as the fame claufe limits the appointment of" Truftees to perfons rtfiding within five miles cf the faid Academy and School, be and the fame is hereby annulled, repealed and made void. And be it iurther enafted by the authority aforefaid, That the Truftees herein before appointed and their fucceffors, fhall and may afk, demand, fue for, recover and receive all evidences, mortgages, fpecialities, deeds, and in - fhuments, and Vd papers, books of account and record, and the library, Philofophical apparatus and fcals of the faid coiporation, and 11 dtbts, dues and demands to the fame owing, brlonging, accruing or appfrtaini?. And in cafe any perfon or perfons having the cuftpdy of the faid library, apparatus, mortgages, fpecj allies, deeds or inftruments, er other papers, books or records of the faid corporation, or having poffeffion of the real eftate of the faid corporation or any part thereof, flull refufe to deliver up the fame when demanded, it fhall and may be lawful for the Truftees of the faid College, to fummon any perbn fo refufing before any two Juflices of the Peace of the city or the couuty where the faid real eftate lies, or the detainer of any of the records or other articles aforefaid, refides, who are hereby authorized and impowercd to inquire into the faid complaint in a fun.mary way, and give judgment there n as to them fhall feem meet, according to the merits and ju ft ice. of the cafe, and if fuch judgment bs given againfl the dctaiatr of any . - deliver tne tame, it laaii and may ue lawtui i&rthefa Ju ft ices, and they are hereby required, to commit fuc refufer to prifon, there to remain without bail or maia - pme, until the laid judgment be complied with. in the cafe of real eftate, the faid Juflices fhall carry fuc - judgment iuto execution, by iiluing a writ of pcffcfH0n ' to the Sheriff of the county, in the fame manner asty are authorixed t do by am Aft of Affembly intitled, ' Aft for the falerof goods diftrained for rent, and to ftcurc fuch fods to theuerfon dirtraininf? the fame, for ththf m w WVC 1 cd' in cafe of tenants holding over their terms t pr(). vided always, That if either of the faid parties lhall mand a jury to be fummoned, to try the laid matter ia difpute, the faid Ju ft ices fhall caufe a Jury forthwith to come before them thereupon,' in the faros manner as Jurirs are had in the cafe of tenants holding over their teres sja. forefaid, aod the faid Juftices fhall t!ive judgment puriu - ant to the verdift of fuch Jury, and proceed to the execu - , tlon hereof, as is herein and hereby direfted. nua ucn runner cudiii - u uy amuor'ry arorefaid rru.t :...t ntc. , Kfi.a,..r r . t . 3 AIIQI lilV 4.V7, 4ilHillwl till gUIVI QlU OlilCj of the faid Uuivtrhty, and their fucctfiurs duly chofrn nominated and appointed, be one community, body poii; tic and corporate, to have perpetual iuccHfion and cotinu, anceforevtr, by the name, ftile and title as aforefaid ' and that by tne faid name, they fhall be capable at.d able in law. fo fni and ha (v.ed. havi and mike a rnmn - .nn ? ' , IV i4t : n - I L t . a. I, I ., f. . k I ... i I . i i i i w I l r . 1 i i i i i mrf I in r I i I i r .1 t. mi t 1 m r t r - . 1 . " IICIS rules and ftatutes, and to do everything neceffary and! needful, for the j;ood government and perf - ft eft ablifh meet' of the laid Univerfity, and the Provoft, V.ce - Provoft I and ProfefTor hereafter to be appointed and conftitu. ted by the Truft es aforefaid, lhall b named, ftilt - cj wdl "entitled, the Provoft, Vice Provoft and Profefiore ofi the fame Univerfity, and the name, ftile and title of the! body or faculty, compofed of the faid Provoft, Vice - Prcvott ' ana1 Profeffors, fhall bt? the Provoft, VKe - Provoft aid Profeffors of the Univerfity of the State of Pennfylvania. And be it further en. fted by the authority aforefaid, That the faid Truftees fhall at all times when required' fubmit the bocks, account., and economy of iw faid Corporation, to the free examination of vifitrs to bt appointed from time to time by the Reprefeutativa of the Freemen of tkis Commonwealth, in General Affembly met. And be it further enafted by the authority afciefaid,. That the Truftees appointed by this Aft, or a majority of them, fhall meet in the Hall of the Univerfity aforefaid, in the forenoon on the firft WVdnefday in De:ember nexr, and after being duly qualified as this Aft prefcribes, proceed to the execution of their truft. JOHN BAYARD, Speaker. Enafted into a Law at Philadelphia, on Saturday the twenty - feventh day of November, A, D. One thoufand feven hundred and feventy nine. T H O MA S PAINE, Clerk of General Affembly. The Gentlemen nominated in the above truft and accepting thereof, are requefted to meet on Wednesday, at Eleven o'cleck in the forenoon, at the Library Rom of the State - Houfe, to proceed from thence to the haliofthe Univerfity. BASSETERRE, (St. Chriftophers) OftoheriS. ABR IG which arrived laft week at St. Euftatia fnnj Cork, which place fhe left the 5th ult brings lc following interefting intelligence : That the united fleds of France and Spain, confifting of 60 fail and upwatds, were off Start Point, on the cqaft of Suffix; that Sir Charles Harry's fleet was then to the weft ward of Scyllt j that it confined only of 47 fail of the line and 20 frigates, in excellent order, well manned, and eager to come tou engagement, for which purpofethey did all in their power to work to windward ; but the wind being at eaft and the enemy p'ying clofc hauled to the fcuthward prevented them for five days. The veffel that brought the intelligence left the fleets in fight of each other, the French aid Span - ifh fleets endeavouring to avoid an engagement. A gentleman in Cork writes to his friend in St. Euftatia, that the fleets had been in fight of each other for fame days; thatfhsuld numbers get the better of Bntifli valour that an invafion of that devoted iflaud muft be theconfe - quence. A late Martinique paper mentions, that a battle had been fought in the Channel Between the united fleets of France and Spain and that of Great - Britain, which JafteJ eleven hours, and was the bloodieft that was ever fought at fea ) that the French had three of their capital fhips faoK and the Englifli two. Their .fleet csnfified of 52 fail of the line and 30 frigates, and ours of 47 fail of the line and 20 frigares. A gentleman in town has received a letter from a cor - refpondent in St. Euftatia, informing, that two veffels had arrived there on Thurfday laft from Amflerdam, the Captains of whom fay, that an engagement hd bem fought in the Bay bf tween the Englifil fleet and the unhed fleers of France and Spain ; but they could give no particulars. PROVIDENCE, Novembfr 13. On Monday laft the Hon. Major Gensral Gates departed from this place, on his way to join the grand arm, wheti a number of the principal inhabitants of the town waited upon him as far as Pawtuxet, where, upon taking their leave, they prefented him with the following Addreisi viz. ' SIR, Providence, Nov. 8, 1779 - IN behalf of the town of Providence, the place you have 'honoured wth your Head - Qiiarters, during your command in this department, we beg leuve (o congratulate you on the fpleodid in fiances of fuccefs, attending your arms during the prefent war. Sublime muii be tne feelings of a breaft, confeious of fu peri or worth, in acquiring laurels amidft the fevereft to$ of the military h. The unfought tribufe of thoufands, killed io the arduous tafk, muft give tofelf - approbition a charm that virtue if in approve. To the bifloric page, founded on impartial truw, we leave the juft encomiums due to your military character 5 but claim a right to efleem yoa as a friend to mfrS kind, and guardian to the immuoities ofcitixens. lam amiable point of view, have fully cspexicnctncgw

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