The Independent Gazetteer from Philadelphia, Pennsylvania • Page 1

MONDAY, March i 7, 1788. THE Volume Nom8k 705. IN DEPE DENT GAZETTE OR, THE CHRONICLE or FREEDO M. Ibat the People have a Right It Freedsm of fetch, neid of Writing, and publifhing tbtir Sentiments therefore the Fret Jam of the Prmfi night trot to he rtfiralntd. Fennfylvania Bill of RihU.

Let It he Imprefftd upon your Minds, Ittitht infilled ml your Children, that the lihtrty of the Prefs it the? all A i of all the civil, political, and religion! Sight of Freemen. Juntas. the Honourable the Refrefentativti of Petiijyhai.ia in Gc ntral AJJembly. 1 Concluded from our THE next, and only other precedent to be found, of d'f francbifmg Colleges, attain been already mentioned, it that of Jamei (he id, in the famous cal'e of Magdalen College, Oxford, a (hurt account of which is at follows The local vifitation of thii goodly fociety appertains to the fee of kVinton by the fmnJcri ftatutc But it was neTer fo forely vifited at by an EccUjioflical High Court of Ctmmiffum, ill the unhappy reign of James 2d when popery and fovtry were breaking in upon us lite a huge inundation. Thii College, being one of the noblcft foundation! that perhaps was ever creeled for learning in the world, wat looked upon by the popjfi clirgy with an envious and greedy eye, at a rich prize; and therefore they Blade their utmoji efforts to fnatxh it from tie buna's of tbt pro tijbnti.

Thie illullrious fociety, from their own Jlatutes, were in an uninterrupted, at well asuncor.te.'k.l, pofl'eflion of the right toelefi their own President: James fent fU9 411 lUkl IIUI tlVM 1 1 1 1 which the College refufed, declaring him of ill fame, and otherwife unqualified according to their founder, fbuute; and then proceeded, according to their own laws, to the cbction of a perfon duly qualified, viz. the illuftrious Dr. Hough, afterward bilhop of Litchfield, who was approved by the vifitor, and fworn into the office of Pre fount the day following. For thit contempt, the Fellows of die College, who held the election, and the Presiuknt led, were fentenced to deprivation by the Ecclrfiaflical Court. The Fellows refufed to fubmit to the femence, and continued in the exercife of their office, upon this round (fayt Dalrymple) that the'r fettlements in tut College nutrt tbtir FatEHOLDt, btflrwed upon them by the will of tbt ami of ubitb tbei eowd not be dibrived but bi a ww tii trial at law.

Dr. Hub on, the Prefident, with great intrepidity, refufed to give up the keyt of his lodging and the King's arbitrary court caufvd die doors to be broke open." In Uke mannrr the rrovoit ot the College oi I'hiiaiiei hia, refufed to deliver up the keyt of hit liouic.till brought efore Plunket Heefon and John Miller, efquires, by Jonathan Sergeant, Efquire He wat there threatened j.l i .1 wiul impriionmcui wiuiuui uau uicnwc Kvered tne keyt to prefident Re who gave a receipt, and kind of indemnity for the fame. In the cafe of Magdalen College, Lord Chief Jufl ice Jeffries wat a principal advifer, and one of the ccclefjafticat Coromiflioners andrhe following are fomc of hit proceedings viz. "Dr, Fairfax one of the Fellows having aiked by what comniifiion or authority they fat Jeflriet an fwered you are a Doctor of Divinity, and not a Doctor of I.aw. What cominillion have you, fir, to be fo impudent in Court Thit man oueht to be in a dark room why do you fuffer him without a guardian did you not bring him to mc to beg one Pray let the officers fcize him." Doctor Hooon being afked, if he would fubmit to the vifitation he anfwered As far at it confirm with the laws of the land, and the ftatutesof the College" Jeffrie, Can you imagine we act contrary to the laws of the land and as to the (Ututes the King hat difpenfed with them." Upon which Dr.

Houoii, the Prefident, made the follow ing magnanimous reply, viz. "Mt Lords, I find your Commiflion gives you authority to change and alter the Statutes, and piake monet as you think fit Now we have taken an oath to ohferve thole (tatutet, and admit no ones, nor alterations in thefe This mull be my behaviour here I mull admit of no alterations, and by God's grace never will." To which another of the Commiffioners, the Bilhop of Chefter, anfwerrd You have a ftatute for mafit why don't youfay maf, Thit quellion from a Protcftant Bi dnpwasa little furprifing; but Dr. Hough anfwered "That ftatute it taken away by the laws of the land, which tllablilhed the Reformation." Some fimilar objections were made againfl the Charter ad ftatutes of the College of Philadelphia." The Charter, it wat faid, obliged the members tn uke the oatha allegiance to the King of Great Britain." From the hiftory if tie Univtrfity cf Oxford, by 'Join djlift, L. 15. It was anfwered, That obligation it taken away by the Ameritan Revolution, and thole laws wlikh require allegiance to the State." It was faid further, That a law or role of the College narrowed its original foundation.

It was proved in reply, that (he law or provifo in queltian, wat made at the defire, and with the' approbation, of all parties and clalTet of contributors, to prclerve the origiual bioad foundation to the end of time, at it had from the beginning." Equally frivolous were the other objections. 1 he eftate and funds of the College, and the cbsfranchifement of its members, were the prize, and it wat to be obtained by any nieufuret, jufl or unjuft and, at in the cafe of the Universities of England, the omnipotbnck of an on DlNANCE by a mujo'rity in AJfcmbly Wat to confirm all and there wat no further contentfiilg againft it." But the ordinance! and decreet of commilljoncrt, or any bodies of men whatsoever acting without any legal cognizance of the matters in qneftion, have long fince been declared the acts of tyrants, and not of mih governing aicording to law. The attack upon Magdalen fayt Dalrymple, aJeHing the eonJUtution and frtebolJi of the member vat conjidereil at in invajion of property as well as eelioion. King James foon repented of nit arbitrary proceedings, and by his letter of October the 35th, 1668, to the Bilhop of Winthefter, as vifitor, directed the College to be reftored to its rights, but too late for the Prince of Orange had already landed in England, and had declared inter alia, that the violation of the rights of this College was one of the great grievances he came to redrcft '1 nat part of hit declaration demands the molt particular regard, at including all that ran or need be further faid on the prefent fuhject. They (meaning the King, and his evil councillor) have turned out a President, chofen by the Fellows of Mf.gdaUn afterwards all thCFvUowt, without, fo much as citing them to appear before any court that could take legal cognizance of that affair, or obtaining any fentence againlt them by a competent Judge but "they were turned out of their raKEHOLot contrary "to law, rlexprefaprovifioii in magna ciiaeta, that no man Jhail loft lift or goitdt but by the law of of the land." In like mannerbave the TruAeet and Proved of the College of Philadelphia, who were its original fomiert and he nefaelori, been turned out of their freeholds contrary to the constitci lONor magna cuabta of the Commonwealth of Pcnnfylvania, whirh by a claufr, inferted for that rxpreft purpofc, had confirmed, and promifrd, in the molt fulcmn nianner, 10 entourage and protect, the laid College, in the eniovmcnt of the privileges, immunities and altntci.

which it wat accuftomed to enjoy, or could of right have enjoyed, under the laws and former confliyitiou of the The following a lift of the tkusteh of the college, academy and charitable fchool of Philadelphia, who were deprived by the act of November 1779, being eighteen nut of twenty four, yet living; their names being inlertcd according to fctiiority of election, viz. Benjamin Franklin, Wm. bhippen, Benjamin Chew, Edward Shippen, Thomas Willing, John Redman, John Penn, John Lawrence, Richard Samuel Powell, William White, JametTilghman, Robert Morrit, Francit Hop kinfon, George Clymcr, James Willlbn and Alexander Willcox. Thofe placed in their room, exclufive of itegicert, and minijleri of the ojpel of different denomination, who were complimented with featt ejjitio order to gild the pill, and make the naufeotit infraction of religious liberty go down) more eafily were Benjamin Franklin, William Shippen, Frederick Muh lenberg, Jamei Searle, William Auguftut Atlee, John Evant, Timothy Matlack, David Rittenhoufe, Jonathan Bayard Smith, Samuel Morrit, fen. George Bryan.Thomat Bond and Jamei Hutchinfon Among thofe, Dr.

Franklin never qualified as a truftee under the ad in queftion, and it it believed hath not forgot hit frf few namely the tollett, academy and charitable fchool of Philadelphia, for the fake of a nnv mijrei the emir.ii of PennMvania. inftituted on the ruins of the thcr. Sundry othert, of the moft refpifiable of thofc net truHeet have Ions' fince withdrawn from the bufineft: and of the remainder, if the alTembly of that day tould fee any thing in them, that could give them a preference to the old truftett in the direction of I for jttte purfxfn and at the ftate expence, thit could furnifh no nlea far left any legal right) to deprivt 'Hem of their prnmtt property, or the benefactioni of pious Indi vidualt, committed to their truft and direction; amounting in the whole, at might eafily be made appear, to the value of at leuft, from mutf tO FORTY TUOUSANO fOUNO J. In Until, Lkrarlu. philofopbical apparatus, fpeciollitt and other leg property; wniui, on tne awointim or tne uminary arm charter ought to have reverted to the original founders and or their heirs.

This is particularly the cafe in refbecl to' three tb'ufand aertt of land called the manor tf Perkelfte, in uct wnicn certainly lortlieic. igtit yeara part, ought to have been revelled in the heirs of the wor thy Donor, tlie Honorable Tbumat Penn, Efq. from the exprefs tenor of the grant, which it at follows, vix. J. nat in cale the retitt and proutt of the hereby granted premiles (hall not be difpofed of, as the fame (hall arilc and come in, for the and charitable oft and turbofes, for which the faidtruflees are incorporated i nr im.

I'a il r.LA mm mnm im 3. I. awn jmti wm miymrwwm wr Ul cafe the faid trufleesand their fuccclTon fhall not educate two perfoni of the nomination of the faid 73 Penn, hit heirs and affiens, (here foUowi a lmfr nrbviV Con for educating fume poor children, and alfo doothing and maintaining one or more of them, at die rate of tel. per annum and no more, in proportion to everv hundred pounds of rent) then in all and every, or in any oac or more ot the laid talus, thefe prcfents and tne grant ncreny maae ana every nutter ana thing herein contained Jbalt ttaft delermim and become aUmlulth null and void, to all intents and purpofet whatfoever. aa' if the fame had never been made, granted or created.

tneie pteaents, or awy tlun herein contaiaed, to the contrary thereof in any wife norwithftonding and tnereupon ait ana lingular tlM kereby granted pramiiu1 with the appurtenantct, (hall revert tend return to the find Thomas Penn, bit heirt mad ajfgns, as of hit mad their firmer efutt." It wat like wife a folcmn enraeement on the Dili of the Trultees of the College, under their feal and autho rity, tint the monies collected in England, Carolina, JtcV fhould be preferved at a capital, and only the kiterefk thereof, or the rents of lands and other real eftate ptuV chafed therewith, fhould he tifed and applied in cxririnS' on the purpofc of the inltitution. But the prefent fruiter. it it bud, have greatly dimimfhed that capital, befides Lb immenfc property given to them by the llate. With regard to the office of Provost of the College, Ice. the firfl appointment wat made in the body of the Charter, at the defire and requctl of the TrufUrt or Founders, in the following word, vie.

And we do hereby, at the defire and rrqneft of the faid TruJIeet cotiftitute and appoint the Rev. Watt "am Smith, M. A. to he the frjl and prefent Paovotf of tlie bid College and Academy and the Rev Fran cit Allison, M. A.

to be the firfl and frefent Vice Povor of the fame, which onicct they could otilv divelled of by thirteen at lead of the members of the laid corporation prefent andiWroi" But there wat nci ther the prefence nor tonfent 01 1 a ungle member or the cor poration in difcharving the provolt. oil. Both the board Trufleet and the Faculty of ProfcfTort were difmiffifd tf the omnipotence at the fw follwng but arbitrary wefrdi of the act of aflembly via. the faid board and faculty are hereby diffolved and vacated He (namely the Vrovnfl) therefore confiders himfclf illegally deprived both of hie dice and its emolument, which were Salary ajo Annual appointment for 7 frrvicetio the collection, A houf'c for which the univerfity charged him at the rate of tool. per annum, loo peraon.v' InnMyrart this amounti to rova tmusamo roua hundred roVNDs, befides iottreft, juftly due to hire, out of the funds which he created, and which hath bent be flowed upon another man, under whom the Seminary hath neither imrcafed in reputation nor ufcfulnefs, but faid to have been devoted more XofoMcJ and Party Cy bah, than to the ad vancement ttlmnd and real literature..