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Aurora General Advertiser from Philadelphia, Pennsylvania • 2

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

CONGRESS OF THE LVbTAHS Rut there is another stt of characters who seen to pave a real and thorough ictorm rn ttew asm bung justice within evety reach uithin a navonable time and at a Ato-deKe ajx pence without such an inter of Uvvy hS to put the people at thir mercy and without any additional expecC the state Now if this is practicably it cannot be doubted but that it is by fug the best plan the plan is by reference Before the passing oft he lOOg act the busing 0f reference before or by a justice peace seemed to be encumbered with sbme difficulty The manner of choosin- the of the difficulty of getting tcm t0i of collcc-ing the money hy a constable and above all the host c' lawyers which would be arraytd against te judgmentsin older to set them aside icde it a difficult hill to adjust: but since i is in force the wry seems perfectly clear to introduce reference generally wksieevcr either party required it 1 he utility 'A this plan seems to be fulliwlaid down and FOll THE AURORA Mr1 At a moment- when the passion for fine printing and wove pallet and lo pressing seems to be the rage the day i may not be amiss to l'uitiishotir ptinters and authors with the knowbge rf simple and cheap improvement made by at Paris which is at once ingenioiN greatly loutn-Injtive to the beauty of printing My anthbr-iiy lor the information is a repot marie to the National on the subjtct of grand edition of Viryil It may be perceived by arrm ate observers that in the finest of our editions the extremities of the page are sometimes blacker than the interior pa ts and the ltrets even occasionally blurted These blemishes Didot justly attributed to the circumstance of the paper not Itetng supported between the pages being consequently pressed into the vacant interstices during tire last operation of printing doubling down over the sides of the page and thus receiving too much ink i I SOUTHERN LIBERTIES 'From Fine direct to Run and from iver Delaware to east side of Second direct James Pentland Thoma Norton Henry Apple Joreph Thomas From Fine street to Pegs? Run and from Second direct to east tide of Third direct Jesse Groves Wm Hallowed Frederick Faring Wm AUibone From Fine direct to Run and from reeet ride of Third Street to eaotdide of Sixth street John Tea Nathan A Smith Jonathan Roberts Samuet Wheelea Northern above Pegg Run Sam Ferran John Ware Jacob Fitler Sam Noble Thomas Soudcf Charles Kubicam Daniel Groves Gotlieb Cope Geo Hoppel Brown (white smith) Spring Gulden Jacob Huff Wm Smith SOUTHWARK Wm Penrose Wm Donaldson Charles Penrose David Ware Wm Leonard Joseph Huddle jutu Robert M'Mullen John Thompson Norris Stanley Al-x Steel Peter Mierckea Geo Rhen Robert Gordon Joshua Ash Hugh Gonrley John MOYAMENSING Geo Bastiau Thomas Dixey hn Hunter Geo Simingt'X Micha: Frey tag Alex Head anie Honaldson Joshua Ray bold Resolved That the said committee he earnestly requested to enter with promptitude on the business of eir appointment anti to pay daily the sums by them collected to Rob-rt Ra's-tun who is hereby apponted treasurer of the fund proposed to be raised Revolved Thata committee of distribution consisting of half the number of the collaiting committee be appointed wlrese duty it shall be to appropriate the monies received to the relief of the poor cither by supplying them with fuel and other necessaries or by pecuniary grantsas in their discretion they may find nirst eligible and expedient The following gentlemen wetra appointed to compose the last mentioned cbinmittee cirr Upper Delaware Ward Wm Rtuh John Goodwin Thomas AlLbane John Warder Lower dare we Ward Robert Cochran Timothy Paxson Frederick Ehringer James Vaux dtreet Hard Samutl Archer Wm M'llheny Stephen Girard John Lorain junr Chesnut Ward John Cresson Bcnj Clarke Mathew Carey Nathaniel Thomas Walnut Ward Wm Coats 1 homas Hurley John Vailance Zachariah Poulson Dock Ward Levi Hollingsworth Paul Cox Anthony Buckley Sam Richards Jr Ww Market Wui John St cker Daniel Smith Sam Carver James Sawyer Mirth Mulberry Ward Garrigues Jr Joshua Smith Geo Kuter John Clawges Sen South Midberry Ward John Moore Ebenezer Hazard Wm Davidson John Harris North Ward Robert Poalk John Perot Middle Ward Wm Tilghnaan James Vanuxem well established by the various writers on that side a summary of wbkh seems to be brought into one view inithe dialogue between the lawyer parson in the Aurora It is true in the course of that dialogue the constitutional objection is not brought into view viz that the refusing party has not trial by jury as heretofore but that objection seems to me to te very happily done away by the proposed improvement of the reference plan by and the Old Constitutionalist in the Republican Argus of Northumbeilund In those plans which appear to be the work of butone hand there appears to le full provision made for trial by jury on terms that cannot be reasonably objected to and that without lessening the advantage of trial by reference fot it is to be supposed that many who not agree in the first instance when they find tht strength of the opposite party will eventually submit to the decision and those who obstinately resist and insist on appeal will gain no delay thereby as execution will be as speedily on the appeal as on the judgement The delaying execution for one whole year I consider as inconsiderable as judgement will secure the debt and interest especially as thereby the way is paved for an appeal hen insisted on and thereby the constitutional objection that itl on appeal cannot be had withm the year I think cannot be thought a solid one When we take into consideration the effect of the 100 dollar law and also the effect of the law regulating expences on indictments both of which will considerably save time in the pleas for other business and if as is proposer! trials on appeals smdd have a prefer eres to all others it must remain the fault oft time of public notice and the day of holding tho the appellant or his attorney if the appeal election yet considering the special circumstance is not tried within the year Especially ificonnccted wi the election of John Hcge and you should sec cause to authorise adjourned thttt 1Je riection to place on the day 1 fixed by the state legislature for the appointment court where necessary nd at the same tune 0p ctors for the state of Pennsylvania the com' lessen the districts as to their bounds I say under all these considerations it is impossible that the objection can be a solid one If the foregoing considerations facts and arguments strike your minds as they do mine and I am persuaded a very great majority of your constituent you will no doubt with a steady hand go on till you perfect mii-ce are of opinion that John Hcge is entitled to a seat in this Mr Leib was opposed to the report of th committee of elections he thought it a duty therefore to assign the reas ns of his opposition were not the report to operate as precedent Ton future decisions he ahouldhava contented himself witft a silent vote but oa some such plan as is hinted at above and i this occasion he could not forbear express-thereby render to the people of Pennsylvania jng dissent to the doctrine advanced by one of the greatest and best of wordly hies- lhe committee in support of the seat of th sings viz the power to obtain justice with- sitting out sale denial or unnecessaty delay The committee had made four points in Anothtr mode of argument on this subject their report HOUSE OF REPRESENTATIVES WEDNESDAY DECi 19 Debate oa the report of the committee of elections on the petition of sundry citizen of the County tf Wtfbwgtm in the Hate of Penreivaiiai complaining of ait undue election amt return of John Hge to serve in tie home at one of the represents fives for said Hate The report being read as follows That William Hoge member of the house of representative for the eighth congress hav ng by" letter to the governor of the state of Pennsylvania dated the 15th of October resigned his seat a congress the governor in pursuance of the provi-siots made ihe second Section of the first article of the constitution of the United States issued a writ of election to supply the vacancy which had' thu taken place That the said writ was issued on the 22d day of October and the election directed to be held on the 2d day of Novetnbey eleven day after the dale of the said writ that the writ wa brought by the mail to the prothoiotar office in Washington on the 30th cf October but not proclaimed by the sheriff tilt the 31st- It appears to the committee that though by the second section of the first article of she constitution of the United States it is -ndee the duty of the executive authority of the respective ates to issue writs of election to fill vacancies yet by the fourth section of the aforesaid article it is made the duty of the legislature of each ta-eto prescribe the times places and manner for holding suets elections li appears however that several elec- tions to supply vacancies in congress have been heretofore held in Pennsylvania yet on examining the laws of that state it appears that no law exis'S prescribing the times places and manner of holding elections to supply such vacancies as may happen in the representation in congress and consequent)- if the election of John Hoge is on this account set ide no election can be held to supply the vacancy until the legislature of the state enact a Lv for that By the law for the gneral election of repre-enta'ivesto congress for Pennsylvani the sheriff is to gne thirty days notice befjte -he flection and to make the re'mns vv itliin thirty davsafter This election is held re ti months before the expiration of 'he txibting congress By the law of said sta for supply ing vacancies in the state k-gisla ure the speakers of the rvsjiertive houses shall issue writs to supply vacancies that may happen giving at least ten days notice- The govern or in the ca-e now before the committee has directed the election to be held on the same day Jtc on which ihe electors for president and vicepresi-dent were to lie chosen There is no proof before the committee of any abuse in the manner of conducting rhe election in obedience to-the writ issued by the While the committee are of opinion that the legislature of Pennsylvania ought to have appointed as near as might be the nines as well as the places and manner of holding elections to supply wacancies in aad that in ordinary cases longer period ought to in'ervene between the That the constitution gives to the executive of the state the power of issuing writ j0f election to supply vacancies That if the election of Mr Hoge be set aside no election can be held to supply the vacancy until tha legislature of Pennsylvania passes a law regulating special elections That there exists no law in Pennsylvania for election to be held on the same day on which the electors of a president and vice president of the United States were to be shosen He would not deny that th constitution of the United States gave to the executive the power of issuing writs of election to supply vacancies but he denied the power of the executive to prescribe (the manner and to fix the time of holding the election In the fourth section of the firs article of the constitution it is declared that the time place and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature it is evident therefore that although the executive may have the power of notifying the vacancy and directing it to be supplied yet that be cannot prescribe the time the place or the manner of carrying it into effect this' power being specially delegated to the legislature If he can prescribe the time he certainly can prescribe the place and the manner for the doctrine condented for implies an absolute discretion: and if the place and the manner be also placed in executive hands is vested with an absolute controul over all special electons -Are the committee prepared to sanction su a doctrine will they admit that elections on which the safety and fate of the nation may sometimes depend shall rest upon executive will? Under the construction given to the con-stituiion by the committee of elections the governor may have directed all the citizens of Washington county to hold the election at the town of Washington or-at any other town he pleased and he may have conveyed the superintenriuncc of it to otner officers than those appointed by the the power to issue writs of election to supply vacancies comprt Ik tided every incidental power and th special election was wholly dependent upon executive discrectioti He agreed with the committee of elections in the second point that no law exsts to regulate cid elections and the election of Mr Hoge is set aside no election can be held to suppiy the vacancy mud the legislature of the shall enact a law for that purpose but he contended that a law did exist and that the general rule governed the special ease The law for the regulation of the gea neral election for members of congress was the rule on this subject snd this rule ought A -r 4 'V StKGO DS1M PHILADELPHIA: i THURSDA TMAWAR 34 1805 'j r0M TANCASTE i January 2 1 1805 Xhc of impeachment met to-dav at ten offecfc as usual and adjourned at one met sixain punctually at three and eat till six Mr Boileau spoke all the morning and until lour in the afieraoon when Mr Rodney entered on hi first rephcatory argument and continued to the close of the sitting January 22 The court met is day at ten Mr Rodney spoke until five in the evening he will continue to-morrow evening and probably close this part of his argument to-mor-row afternoon: When he doses Mr Inger-' Soil is to follow defence of the judge and from the length of his btirf and his acquaitu- once with common law it is not very proba file that he will occupy less than two Mr 'Durr arrived in this city a day or two ago from Washington 'and yet remains here Governor Bloomfield arrived yesterday hk city from New Jersey in In our paper of this morning we commence the publication of the debate in the house of representatives respecting Mb election as a member of that house the subject deserves the attention of th members of the assembly of this state At a large ahd respectable meeting of the citizens of Philadelphia and the adjoining 4l9ti icts held at the city hall on the 23d day of January 1805 Jokx Inskeee Esq in the chair James Milsor Secretary Whereas from the unusual inclemency of the present season the closure of the navi gation and the consequent want of sufficient employment for'tbe poor of this city and the adjoining districts their distresses are so much enci eased that the ordinary public provision fur their relief is totally inadequate to the object and the unhappy situation of many of them calls lor the humane assistance of such as through the blessing of providence are able to supply their most Urgent necessities therefore in order to effect ao far os shall be found practicable this desirable end Resohiei) That a committee of eight citizens be appointed in each ward of this city twenty-four for the township of the Northern Liberties sixteen for th district of South Wark and eight for the township of Moya mensing to call on the inhabitants and licit from them sich donations of a pecunia of other suitable nature as their circumstances will admit of and induce them to advance towards relieving the sufferings and supplying the necessities of the poor The following gentlemen weie appointee to compose the said committee CITY Upper Delaware Ward Thomas Latimer Philip Hunting Lewi Rush James Smith John Starr Jeremiah Warder junr Jacob Schriner Abm Garugue Lower claim re Ward David Jackson Sallows Shewed Jno Ackley Thomas Morris junr Charles Shaffer Abm Carlisle Andrew Lemeau Jacob Edenborn High direct Ward Henry Manly Isaac Pearson Wm Hall Silas Weir Joseph Price Caspar VV Morris Sami Wetherill junr Laarence Seckcl Utcsnut it urd Sami Bradford James Tailor Young Birch Wm Wiggles worth Walnut Ward George Bartram Samt Coates James Ktr Jno Connelly Dock If'ucd Joseph Lewis Isaac Snowden Jno Pnrdon John Mullen Joseph Lowres George Dougherty Robert Wain Israel Me ms New Market Ward Robert Wharton Wm Lyle Peter Barker John Steel Janies Stuart'' Peeve Lewi Samuel Pancoatt jm Robert Rights North Mulberrt liurd Ed Pennington Alexander Cook Joseph Huity I'anel Clawges Jacob Font Thomas Willis Thomas Diehl Joseph Maxfield South MuUierry Hard Geo Odenheuner John Hart 'Peter Browne Guy Bryan 'Thomas Ewing Jno Carn 11 Thomas Parker Jnot Harrison Samuel Israel Robert Mn'h Thomas Harrison Wm Poyntcl- Mathew Weaver Joseph Morris John Cook Thoma Sa'ery Thoma Hockley Jacob Sperry hn Kugan John Lehrs North Ward Robert Pitfield Daniel Thomas James Stoke Thomas unpston Middle Ward Alexander Henry James Smith Jr Godfrey Hxga James Lyle Michael Keppcte Wm M'haden Thomas Castiera Thomas Ross Peter Graven stine Henry SheafF Henry Kennedy Simon Grata South Ward John Welsh Philip Sheaff jun Wm Haslett Courad Hanse LotUlt Ward John Ashley Geo Latimer Thomas Desmond Thomas Tomkins John Hutehiiison Fd Burd jmi Thoma White Peter Field Cedar Hurd JokijiK Wetherill Tb' mas Ansby Samuil Shinn Joseph Snowden Wm S'evcnsoh Richatd Price 1 bonus Pritchett Geo Summers which appears to me ought to be conclusive: it is generally allowed that experiment is the true touchstone as to the usefulness of any plan and it will he said that jury trial has tltis strongly in its favor and so it must be con- fessed it has but Ut the tables be turned and see the result Hitherto the case between jury trial and reference "has stood thus To prevent this inconvenience Didot ecs on the form 8 brass frisket (if prime will allow the application of tpis term in qkis case cut to the paper and support' by springs v'bich prevent the paper frvrv sinking lower than the horizontal lev) of the t) pts AMEICANUS Passyunk Dee 13 1804 A day or two ago we published th address of Mr Hall on bis abdicating the governor's chair of this state the following address was delivered on the 1 5th Inst by Mr Mitchell who succeeds him the latter gentleman rs a federalist Gentlemen of the Senate and Gentlemea of this houie ct representatives In presenting myself before you agreeably to your notice to take upon myself the duties of the chief magistrate of the state 1 feel the impottance of the trust and the grext responsibility attach '4 the office In discharging these dutjjs ray most unremitting exerltons sha) n6t be wanting And although I cannot premise myself I shall be entirely free from error yet lean assure you gentlemen and my fellow citizens that according to the best of my humble abilities I shall endeavour to lulftl the great charge committed to me with diligence and fidelity And whatever my failings may be I hope a candid interpretation will be put upon them and that they will be attributed to mistake or ignorance rather than to a disregard to the welfare and happiness of our fellow citizens To perform the functions enjoined by the constitution on the executive department to cause the laws faithfully to be executed to wat8h over the rights of the state as they may relate to our sister states and to co-operate with the general government so a to produce harmony and more and more to strengthen and confirm out union will require my most assiduous attention and your powerful aid To the legislature of the state I shall look for assistance As the immediate representatives of the people clothed with their authority I shall confidently expect of them that countenance and support which their august station will enable them to afford In a free government so happily constituted as our own in which each individual citizen has a right to speak as he pleases so that he does not contravene the laws of the land a difference in political sentiments is naturally to be expected It is the price of our free doro and the privilege of the citizen But let not our differences arise to faction and let us re member in asserting our own rights not to violate tho-e of others We are all members of the same family possessing a common interest and bound by the same ties Therefore we should in our respective situations promote those chanties which belong to men united for their common good and regarding their piospenty as the chief source of their own felicity The principles upon which I shall act art to be found in our revolution in the constitu tion of this state and of the Uni'ed States and our These several expressions of the will of the people contain evety thing necessary to our security and liberty and shall be the political creed by which my conduct shall be regulated in the administration of he government I shall now proceed to take tKeloaths which the law requires and should any communication he necessary before your adjournment it shall be made by message NATHANIEL MITCHELL FROM THE RFPUBUCAN ARGUS To the hgidature of Pennujlvaria There 1ms been and is continued a vety loud call to vmi gentlemen from the people of Pennsylvania for redress from the injuries they Mtstdin by the inadequacy of the present judicial sys'em the complaint is general from the highest to the lowest the whole difficulty lies in selecting the best and most efiectuai remedy combined with the least expence A vanety of plans have been brought into public view and your p-edecessois have also attempted some reforms but none yet seem to have readied the legislature that they totild cotcindiy acquiesce in Indeed there seems to be two general views in which it lias struck the miiuls of a number of chaiao-ters cue stt of characters hate been foict-bly struck with the necessity of increasing the numLer of judges and ciicutls in the supreme others have tdther thought more expedient to increase the districts in the common pleas and thereby recover and increase their respectability as being the corn is nearest the people and where the business may be done with the leant txpence provided it was brought within their powei Most cettain'y it would he a great a 'van-to the people if by either cf those pla they could have business done within a reasonable time but after all neither of thes-clans wciild be auy relief against the overgrown power cf the bar whereby they in a meMne shut the courts against the poorer classes cf the community or for want ol cfbh extar loads to a shameful amount even for 'nvial causes or ller business Canned Le done- i 5- t- where both pat ties have required reference 'the regulation of special elections for members they have had it but where cither party has 0f congress and that the notice by the gov-equ'red jury trial the other party has been ernor Was sufficient because it directed th Robert Martin Lewis Walker South IFard Robert Ansley Sam Pancoast sen Joseph Taggart John Stille Locust 'Ward Abraham Shoemaker Jos M'Coflun David Ciavpoole Joshua Edwards Cedar Ward John Douglass James Moyes Malcolm Donald Garret Cottrmger NORTHRRN LIBERTIES Frederick Wolbert George Gorgas Joseph Conrad Wecherly Joseph Cowperthwaite Joseph Thomas John Teas Wm West John Whitehead Jesse Cleaver Philip Jacob Huff SOUTHWARK Joseph Ash WmSheed Jesse Williamson Geo Ord junr Ebenezer Ferguson George Pearson Wm Pidgeon John Delarue MOYAMENS1NG Thomas Binney John Tittcrmary junr Reserved That all orders on the treasurer be signed by the chairman and countersigned by the secretary of the last mentioned committee Resolved That the said ctKnmiUee so soon a the business of their nomination shall have! been completed shall publish in the several! newxpa per of this city a statement of the sum by them received aud dishmsedand the manner in which they have fulfilled the duties assigned them Resolved That in the event of a refusal or inability to attend on the part of any of the persons appointed un either of the above committees the committee for each ward ot district shall have power to supply the vacancy Retolved That the committee of colled ion while executing the business of their appointment be requested also to make erqut-ry after such persons as may be deemed suit-atile objects of relief and report their names and situation to the distributing committee Resolved 1 hat the proceedings of this meeting be signed by the chairman countersigned by th secretary and published in the different newspapers Signed by order of the meeting JOHN INbKEEP Chairman Jame Milhob The compting house of Mr Ralston the treasurer is at No 101 south Front street Tht ciiizt-ns of Alexandria and of George town have followed the example of those oi Bahimore kc and appointed committees to enquire into the situntu of fhe poor and re-tve their wants fotn a fund raised the put pose It hjmnornlle to our piincip! tonus that Such hunmiie measures have been adopted obliged to submit Now let the law stand thus where both parties require jury trial let then: have it but where either party requires reference let the other party be obliged to submit at least in the first instance This will be making a fair experiment and if at the end of three orfo years the practice of the people shall declare against reference by chiefly choosing jury trial even with all the influence of the bar on its side then let the reference be abandoned and let us return to the beaten track But if on the other hand jury trial in civil cases shall be in a manner forsaken and reference generally introduced we hope fetv very few indeed will be found in the legislature hardy enough to refuse their hearty assent in declaring the law perpetual and thus pepetuate the mighty bless ng to their constituents any opposition from lawyers or their friends or connexions in any wive notwithstanding ONE CF THE PEOPLE NEW-YORK Jav 22 S' goals last night for two ships two brigs and two schooners A good deal of ice Yesterday afternoon 12 or 14 sail of vessels went to sea In gou through the narrows some if not all of them got entangled in the ice and from the violence of the wind and the snow whith at that time commenced foiling we fear we shall soon hear bad news from them 1 he news of the loss of th ship Sampson published under the Salem head is not in our opinion entiled to the least credit On Saturday night the brig Ann Maria captain Coffin got out to sea This vessel had been dispatched with the most benevolent intentions by the insurance companies YVe understand she is loaded with provisions and men and is to scour the coast and afford relief and assistance to all vessels in distress which ih-y nt-y tail in with On Sunday afteritoon a ferry boat coming font R) Staten Island loaded with wood and having several passeugets on board was unfortunately caught in Ue tec during a calm atid it is leared she has drifted to sea as she wis then sten between the narrow and the II xk at dare still entangled in the ice There is every reason to believe from tire snow storm during the ensuing nigl that all on hoattl bave perished.

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About Aurora General Advertiser Archive

Pages Available:
27,342
Years Available:
1790-1814