The New America Times


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Containing the Freshest Accounts, however long upon the Road.


Vol. 1.] Thursday, October 24, 1776. [Num. 21.

Philadelphia

At a Meeting of a large and respectable Number of the Citizens of Philadelphia in the State-house Yard, on Monday and Tuesday, the 21st and 22d Days of October instant, (Colonel JOHN BAYARD in the Chair) the following RESOLUTIONS were agreed to by a great Majority, and affectionately recommended to their Fellow-citizens, in every Part of the State of Pennsylvania.

Resolved,

1\. THAT the late Convention was called for the express purpose of forming a new government in this State, on the authority of the people only, with power also to appoint Delegates in Congress, and a Council of Safety.

2\. That the said Convention assumed and exercised powers with which they were not entrusted by the people.

3\. That in the Constitution formed by the said Convention, the CHRISTIAN religion is not treated with proper respect.

4\. That the said Constitution unnecessarily deviates from all resemblance to the former government of this State, to which the people have been accustomed.

5\. That it is the sense of this meeting, that the people did not desire such strange innovations, but only that the kingly, parliamentary, and proprietary powers should be totally abolished, and such alterations made as would thereby be rendered necessary, so that a well formed government might be established solely on the authority of the people.

6\. That the said Constitution differs not only unnecessarily from that to which the people have been accustomed, but in many important articles from EVERY Government that has lately been established in America on the authority of the people—from the sentiments of the Honourable the Continental Congress respecting government—and from those of the most distinguished authors, who have deliberately considered that subject. \*

\ The said Constitution differs from others lately formed, in these particulars: 1st. It establishes only a single legislative body. 2dly. It renders the judicial dependant on that single legislative body, who may remove any judge from his office, without trial, for any thing they please to call "misbehaviour." 3dly. It renders the executive dependent on that single legislative body; by whom alone the executive officers are to be paid for their services,—and by whom, from the great disproportion between the numbers of the Assembly and Council, the President and Vice-President must always be annually chosen,—besides, that every officer, executive or judicial, may be impeached by the Assembly, before six of the Council thus dependent on the Assembly, and be tried and condemned. 4thly. It erects no Court of Appeals,* more necessary here than in some other States, as our Supreme Court may try causes in the first instance, and finally determine them, so that there is no mode settled for correcting their errors.

The said Constitution differs from the sentiments of the Hon. Congress, in rendering every Judge in the State entirely dependent on the single legislative body.—For in the first petition to the King of Great-Britain, the Congress, in enumerating "grievances," say, "The Judges of Courts of Common Law have been made entirely dependent on one part of the legislature for their salaries, as well as the duration of their commissions." Again, the said Constitution differs from the sentiments of the Hon. Congress, in not having "separated and distributed powers into different hands, for checks upon one another;" for in their address to the inhabitants of Canada, mentioning government and the detestable frame established for that province by a late statute, they say, "The several powers being separated and distributed into different hands, for checks one upon another, is the only effectual mode ever invented by the wit of men to promote their freedom and prosperity." But here is no "distribution of power into different hands, that one may check another." On the contrary, the executive and judicial powers are made unduly dependent on a single legislative body, the Assembly: So that in truth the legislative, executive and judicial powers may be said to be united in one body, the Assembly, tho' there is a semblance, on a slight view, of their being separated. Indeed, the resemblance between the said Constitution and the artful, but destructive one established by the statute before mentioned is so great, that the following words of the Congress suit the one as well as the other, only changing the word "minister" for the word "Assembly."—"Here is indeed an appearance of the several powers being separated, &c." as before. "But examine the specious devices and you will find it, to use an expression of HOLY WRIT," "a whited sepulchre." The legislative, executive and judicial powers are all moved by the nods of a minister."

If any reasonable man could possibly entertain a doubt, concerning the meaning of the Congress in using the words before quoted, that meaning will be clearly explained by the several constitutions lately formed on this continent, with the advice and assistance of those very gentlemen in their respective States, who as members of Congress used the before quoted words, and must have known their own meaning.

How widely the said constitution differs from the sentiments of the most distinguished writers on the subject of government, will appear by the following quotations from two authors of so high a reputation among civilized nations, that it is needless to add any others.

The Baron de Montesquieu, "whose name" (the Congress declare) all Europe reveres, says—The political liberty of the subject is a tranquility of mind, arising from the opinions each person has of his safety. In order to have this liberty, it is requisite the government be so constituted, as one man need not be afraid of another. When the legislative and executive powers are united in the same person, or in the same body of Magistrates, there can be no Liberty; because apprehensions may arise, lest the same Monarch or Senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no Liberty, if the power of judging be not separated from the legislative and executive powers. "There would be an end of every thing, were the same men or the same body, whether of the Nobles, or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and that of judging the crimes or differences of individuals." The learned Baron then proceeds with a long and much admired chapter on the English constitution, wherein he greatly commends its distribution of legislative power into several branches, &c. which cannot be inserted in the compass of these notes.

Mr. Addison, the strenuous and undaunted advocate for virtue, piety, liberty and just government, even in a corrupt age, (and tho' conversant in courts) says—"If there be but one body of legislators it is no better than a tyranny; if there are only two, there will want a casting voice, and one of them must at length be swallowed up by disputes and contention, that would necessarily arise between them. Four would have the same inconveniencies as two, and a greater number would cause too much confusion."

(To be continued.)

The Northern Department

GENERAL ORDERS.

Head-Quarters, October 13, 1776.

At a General Court-Martial from the First and Second Brigades, of which Lieutenant-Colonel March was President, Solomon Twist, a soldier of Captain Man's company, late Colonel Reed's regiment, was tried for sleeping on his post. The prisoner confessed the fact, but it being proved that he was sick at the time, the Court do acquit him.

James Gears, soldier, of Captain Shepherd's company, Colonel Porter's regiment, tried by the same General Court-Martial for desertion. The Court acquit the prisoner from corporal punishment, it being proved he had not his proper senses at the time of committing the crime, but adjudge that he be mulcted one month's pay, for the use of the sick of the regiment, and refund all expenses of his being apprehended and brought to camp.

Ensign Benjamin Chamberlain, of Colonel (late) Wait's regiment, tried by the same General Court-Martial for neglect of duty and disobedience of orders, is found guilty of disobedience of orders, and sentenced to be discharged the service.

Ensign Whittemore, of the regiment late Colonel Reed's, tried by the same General Court-Martial for behaving in a manner unworthy an officer and a gentleman, and contrary to an express resolve of Congress, published in general orders the 5th September, is found guilty, and sentenced to suffer the punishment ordered in said resolve, viz: to forfeit one month's pay for the benefit of the sick of the regiment, and be dismissed the service with infamy.

Lieutenant Benjamin Talbot, of the Twenty-Fourth, or Greaton's regiment, tried by the same General Court-Martial for acting in the character of a sutler in selling rum, &c., in camp, is found guilty of a breach of the resolve of Congress published 5th September last, and sentenced to suffer the punishment ordered by it.

John Pratt, Ensign of the same Regiment, tried by the same General Court-Martial for the same crime, is found guilty, and sentenced to receive the punishment ordered by the resolve of Congress above-mentioned.

Joseph Magoon, soldier, of Captain Harper's company, Colonel Wyman's regiment, tried by the same General Court-Martial for stealing, is found guilty, and sentenced to receive thirty-nine lashes on his bare back, at the head of the brigade to which he belongs.

Joseph Stimson, soldier, of Captain Drew's company, Colonel Wyman's regiment, tried by the same General Court-Martial for stealing a pocket-book, and for cursing and abusing the officer of the guard, is found guilty of both the crimes, and sentenced to receive thirty-nine lashes on his bare back for the first offence, and twenty for the second, at the head of the brigade to which he belongs.

The General approves the above proceedings, and orders all the sentences contained in them to take place immediately; particularly those passed upon the officers, who are ordered to leave the camp immediately after discharging their debts, &c.

The General Court-Martial of which Lieutenant-Colonel March was President, is dissolved.

In Congress

A letter from General Mifflin to Captain Falkner was this day laid before Congress and read; and it was "Resolved, That it be referred to a committee of three, who are directed to engage, and send to head quarters, a skilful, active wharf builder, with proper assistants." The members chosen were Mr. Morris, Mr. Wilson, and Mr. Ross.

The Board of War brought in a report, which was taken into consideration; whereupon Congress "Resolved, That General Schuyler's application to the eastern states, and to the state of New York, for their militia, is approved."

The Board of War has published the following:

In Congress, October 22, 1776

Resolved, That the Resolution respecting sending home the Canadians, be suspended till further orders.

That the Board of War be directed to order the several Prisoners in Philadelphia to the places of their destination, and that they write to the several Committees who have the charge of Prisoners, not to suffer them to go beyond the bounds allowed them, nor to permit any of them to come to Philadelphia without leave first obtained from the Board of War.

War Office, October 22, 1776.

The foregoing resolutions of Congress are published by order of the Board of War, for the information of all persons concerned therein, of which the several Committees who have the charge of prisoners captivated by the armies of the United States, residing in this or any other of the confederated States, are desired to take notice. And all prisoners of war now in Philadelphia are required immediately to repair to their several places of rendezvous, without staying any longer in Philadelphia on any pretence whatsoever.

RICHARD PETERS, Secretary.

"Resolved, That Mrs. Antil, with her child, and her sister, Miss Colden, be permitted to go to General Mercer, who is desired to permit them to go to New York, taking especial care, that they carry no intelligence to the enemy."

The committee, to whom was referred the petition of Captain Roberts, brought in their report, which was read, and disagreed to.

In Council of Safety

An Order was this day drawn on Mr. Nesbitt in favour of Colonel Nicholas Hausagger for twelve hundred Dollars, for the use of the German Battalion, to be charged to the Colonel. Mr. Nesbitt was directed to pay James Scott 13l. for ten cords of Wood delivered at Fort-Island, at 26s. a cord; to pay Robert Towers, Commissary of Stores, 119l. 4s. 6d. for making Cartridges, men's wages, Nitre purchased, &c.; and to pay Mr. Hennesey 1l. 9s. 2d., "being the balance of his Account for expenses in searching after Deserters." An Order was also drawn in favour of Mr. Moffat for 120l. for Smith work, to be charged to Mr. Robert Smith.

The Army at New-York

Head-Quarters, Harlem Heights, October 21.

GENERAL ORDERS.

Head-Quarters, Harlem Heights, October 21, 1776.

The hurried situation of the General for the two last days having prevented him from paying that attention to Colonel Glover, and the officers and soldiers who were with him in the skirmish on Friday last, that their merit and good behaviour deserved, he flatters himself that his thanks, though delayed, will nevertheless be acceptable to them, as they are offered with great sincerity and cordiality. At the same time he hopes that every other part of the army will do their duty with equal duty and zeal whenever called upon, and that neither dangers, difficulties, or hardships will discourage soldiers engaged in the cause of liberty, and contending for all that freemen hold dear and valuable.

From the Southward

On the 18th the Convention, on motion, "Resolved, That the Council of Safety be empowered to hear and determine on the case of William Bartlet Townsend, of Worcester County, and to pass such judgment thereon as in their discretion they may think fit."

This day Mr. Townsend was called upon by the Council of Safety, and attended; and sundry Depositions against him being read, and several witnesses examined, relative to the charge against him, it was ordered "That he be discharged upon his given bond with security, in the penalty of £1000 currency, for his future good behaviour." "William Bartlet Townsend, Cornelius Dickinson, and Joseph Gray Taylor, recognized the principal in the sum of £1000 for his good behaviour, and that he will not correspond in any manner with, act, aid, or any way assist the enemies of America, and be of future good behaviour; the securities in £333 6s. 8d., each."

It was further "Ordered, That he pay all expenses incurred in the prosecution of the above charge." And "Ordered, That his Estate be delivered him upon his paying the Committee of Observation for Worcester County, and Bartlet Townsend, respectively, all the expenses incurred."

"Basil Clarkson, of Dorchester County, was discharged; and, thereupon, it was Ordered, That his Property be forthwith returned him."

Shipping, Port of Philadelphia

Entered in. No entries are come from the office this day.

Cleared out. None entered this day.

The Post

No notice is come from the office this day.

The Price Current

No price current is come to hand.

Legal Notices

No new notice is come to hand this day.

Arts and Sciences

No new notice is come to hand this day.

Advertisements

\.\ The Inhabitants of the Northern Liberties, the District of Southwark, Moyamensing and Passyunk, are earnestly requested to meet at the House of Mr James Nevill, the Sign of the Rainbow, in Second-street continued, commonly called Campington, next Friday, at two o'Clock in the Afternoon, on Business of the utmost Importance to this State.


To the FREEHOLDERS and other ELECTORS for the County of PHILADELPHIA.

GENTLEMEN,

YOUR former generous Conduct in bestowing the Sherivalty on those to whom you thought it might be serviceable, induces me to offer myself a Candidate for said Office at the approaching Election: Could I meet your Approbation, it should be my constant Study to merit your Choice, by a faithful Discharge of the Trust reposed in your sincere Friend,

WILLIAM MASTERS.


To be SOLD by public VENDUE, on Friday, the first day of November next, at ten o'clock,

A VALUABLE plantation or tract of land, containing 127 acres of good land, 70 acres of which are cleared, 10 acres of good meadow, and more are now making, the remainder well timbered woodland; on said plantation are erected a good stone house, 28 by 45 feet, two stories high, with four rooms on a floor, a good well of water near the door, a good barn 22 by 45 feet, part stone and part frame, a cow-house and waggon shed, a stone milk-house, a never-failing spring of water under it, a good bearing orchard of about 200 apple-trees; the whole situate on the great road leading from the Great Valley to Chester. in the township of West town, Chester county, 13 miles from Chester, and 21 from Philadelphia, and is a suitable place for a tavern, store, or any other public business; where due attendance will be given, and the conditions made known. on the day of sale, by

JOHN BROWN.


FOUR DOLLARS Reward.

WHEREAS a certain Edward Diggin. Scythe-maker, was employed by me, the subscriber, some time past; since which he hath left the parts in a clandestine manner, and stole, carried off, and sold a considerable quantity of my property; the said Diggin is a native Irishman, and pretends to be of the Romish persuasion, of a middle size, a remarkable smooth tongue when sober, a noted liar, a great lover of company, idleness and liquor, and makes a practice of deceiving his employers; in order to do justice to myself, and to prevent his imposing on the public, I offer the above reward to any person that will secure the said Diggin in the goal of Chester, in the county of Chester, in order that he may be dealt with as the law directs.

October 18, 1776. SAMUEL HIBBARD.


SIX DOLLARS Reward.

RUN away on Saturday morning, the 19th of October inst. from the subscriber, living at Springtown Forge, Chester county, a Dutch servant lad, named FREDERICK FIE, about 17 or 18 years of age, about 5 feet 6 or 7 inches high, a swarthy complexion, brown hair; had on, when he went away, an old brown coat, with white metal buttons, a homespun shirt, check trowsers, dark brown yarn stockings, new shoes, odd buckles. Whoever secures him in any goal, so that his master gets him again, shall have the above reward, and reasonable charges, paid by

JAMES M'CONNAUGHY.


FIVE DOLLARS Rewards.

RUN away from the subscriber, living in Richland township, Bucks county, on the 14th of October inst. an English servant lad, named THOMAS HORBIN, about 18 or 19 years of age, grey eyes, black hair, down look, thick lips, and knock kneed; had on, when he went away, an half-worn felt hat, brown cloth coat, saggathy jacket, which is too large for him; homespun shirt, striped linen trowsers, and old shoes. Whoever takes up the said lad and secures him, so that his master may have him again, shall have the above reward, and reasonable charges, paid by

JOHN LESTER.


FOUR DOLLARS Reward.

RUN away from the subscriber, living in Chester, on the night of the 11th instant, a Dutch servant girl, speaks bad English, about 25 years old, middle stature, fair complexion, and has slits in the under parts of her ears; had on, when she went away, a lincey petticoat, a tow shift, with sleeves of a finer linen; had neither shoes nor stockings. Whoever takes up the said servant, and brings her to the subscriber, or secures her, so that her master may get her again, shall have the above reward, and reasonable charges, paid by

October 15, 1776. WILLIAM KERLIN.


RUN away from the subscriber, in Springfield, Burlington county, West New-Jersey, on the 28th day of June last, an English servant boy, named Joseph Harris, about 5 feet high, of a yellow complexion, straight brown hair, dark eyes; he talks much on the English dialect, and is a cunning, lying, deceitful fellow; he is 16 years of age; had on, and took with him, a pretty good felt hat, an old patched shirt, and a new pair of tow trowsers; if he has any shoes or jacket is uncertain. Whoever takes up said servant, and secures him in any goal, so that his master may get him again, shall have FOUR DOLLARS reward, and if brought home reasonable charges, allowed by

JACOB SHINN.

N. B. All persons are desired not to entertain, conceal, or convey him away at their peril.

PHILADELPHIA: Printed by Davidson Signal, near the Sign of the Wolf and Bear, at the head of the Valley road.

Written by AI, to rules its publisher set. The events are real and drawn from whatever source records them — not only from what a printer happened to set in type.

† marks an advertisement composed for this paper — the advertiser, the goods and the terms are ours. Everything else in the advertising columns is reproduced word for word. Nothing concerning an enslaved person or a bound servant is ever composed.

Davidson Signal is a pen name.

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