The New America Times

Philadelphia

The Essay headed, In the Day of Adversity consider, continued from our last.

The Constitution has ever been understood to be the charter or compact of the whole people, and the LIMITATION of all legislative and executive powers. The people at large by their delegates are the only proper makers and amenders of such compacts, and whatever man or body men goes about to alter, add or take away from a Constitution thus formed, by any other means than the consent of the community at large, is guilty of high treason against the State, and justly liable to the punishments by law established for the same.

Our Convention was delegated in so fair a manner, that even from our enemies we have never heard a complaint of the least omission of any thing requisite to render that important body a full representative of the whole people. They were sent to frame and establish a Constitution, without any instruction to wait a moment longer than it was finished—the necessity of the State called for that expedition, as we too evidently find by the violent sedition already stirred up amongst us—they perfected their work in so masterly a manner, that the idolaters of power have sifted it as Satan did St. Peter, to find flaws in it to expose it to contempt and detestation; and at last their masterly penetration found out it must be a vile thing, because a certain Schoolmaster \ had a principal hand in forming it. If such critics had been a little better schooled, they would perhaps have said, with Alexander the Great, that they owed more to Aristotle for their education, than Philip for their descent to the heirship of a kingdom. † I am well informed that in their first secret cabal, one proposed attacking the Constitution on the religious quarter; a more conscientious gentleman, as nemo repente fit turpissimus, objected and said he thought it abominable to bring religion into political debates; and was for his part of opinion, that creeds had nothing to do in civil constitutions; but that he was answered the people could not be moved otherwise, and the necessity of the case carried the question. But here a scene opens upon us too black for description, too base for imagination, and too detestable to escape the execration of future ages, who shall be informed that billets were handed about to persons throughout all parts of the city, who were judged proper subjects to work upon; carefully passing by those who were a little better acquainted with proceedings of this nature, than to be expected to swallow the artful mess which was cooked up to inflame their passions, and mislead their judgments, to the destruction of their own, and the peace, liberty, and happiness of posterity. It is very remarkable that gentlemen who came to impeach the Convention for tyranny, in imposing declarations of our attachment to the government, could not suppose themselves ready to proceed on their business till they had actually subscribed a tantamount declaration.—After this their grand conductor, or as Orator Puff repeats ad nauseum*, their leader, proposes for their consideration, "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." As this was a truth unquestioned by all men it was judged a good entering wedge for all that followed; for few, besides the Lycurgus of the Delaware State, would have conceived it implied a conclusion that any restriction of their commission, and consequent censure of their conduct, was implied by that resolve. However, having got that down, the second was proposed, viz. "That the said Convention assumed and exercised powers with which they were not intrusted by the people." This bold assertion might well have intitled the cool, the moderate man, the friend to peace, liberty and lawful government, to expect some evidence in support of so daring a charge against the majesty of the whole people in their unquestioned representative. The constitution was demanded to be brought forth and read, and the instances in it pointed out, which could ground the allegation. But all in vain, and when the mighty introducer of the resolutions harangued the people on the cruel designs of their Delegates, the burden of his song rested on their remaining at ease in Philadelphia, while he was risquing his life on the sound of Staten-Island. He indeed said they had exceeded their power in many things. Col. Matlack, though greatly indisposed was fired at so wretched an attempt to render men odious for doing what they must have been the most criminal traitors to the commonwealth had they neglected. He read over a list of the extra articles they had acted upon, and at the end of each asked the people was that wrong, cruel or oppressive? They answered in the negative, or were silent to all. The primier orator then said the gentlemen on the other side might spare themselves the labour of vindicating those articles, as he had no reference to any thing without the constitution. On this Dr. Y—g observed that he should feel for the present Assembly in a too sensible a manner, if they should be induced to resolve, that the most important body that ever convened on the affairs of this State exceeded their powers in the instance wherein they had no limitation. Noise, clamour and vague declamation, ended the debate on the second resolution, and the question being put, was decided in the affirmative.

\ Mr. James Cannon, a learned, sensible and disinterested Patriot.*

† They quite forget Dr. Franklin and David Rittenhouse, A. M. were in Convention. 'Tis true they remember Colonel Matlack, but only to inform the true proprietors of dominion (the rich) that the fellow is an upstart and does not keep a chariot.

(To be continued.)

In Congress

Philadelphia, October 31

The committee appointed to make strict enquiry respecting "some late despatches from head quarters, said to have been lost on Monday last at Bristol," this day reported, that they have pursued every probable method "without effect," and "can discover no traces of the robbery or stealth"; and that the express "does not give so clear and satisfactory an account of this matter as fully to exculpate himself," and have brought him back for the farther examination of Congress. Whereupon Timothy Dod, "who had charge of the despatches from General Washington, and alledges he lost them at Bristol," is committed to the custody of Mr. Jewell, keeper of the public prison, to be kept in Mr. Jewell's own apartments and family, and to converse with none but those of his family, till farther orders.

"Resolved, That a committee of five be appointed to prepare an effectual plan for suppressing the internal enemies of America, and preventing a communication of intelligence to our other enemies." The members chosen, Mr. S. Adams, Mr. Wythe, Mr. R. H. Lee, Mr. Wilson, and Mr. Ross.

The committee on the post office are ordered to report, as soon as possible, "ways and means of establishing expresses, and conveying intelligence to and from the army, with safety and despatch." Two thousand dollars are advanced to Colonel Zebulon Butler, for the use of the two companies raised in the town of Westmoreland, "he to be accountable." A letter of the 28th from Brigadier General Greene was read, and referred to the committee of intelligence; and a letter of the 29th from Robert H. Harrison, the General's secretary, was read.

In Council of Safety

Philadelphia, October 31

At the Council of Safety this day, present David Rittenhouse, Vice President, and others,

"Upon application from some inhabitants of York-Town, Resolved, That Doct. John Kearsley, now a prisoner in that Jail, be removed to the Jail in Carlisle, and that the Committee of York-Town be requested to see it done."

Mr. Nesbitt was directed to pay "The Nurse at Hospital, at Province-Island, Account for attending sick belonging to the Fleet," 153l. 16s. 4d.; Woolery Mengs, for two hundred and ninety-seven Bayonet Scabbards delivered to Mr. Towers, 44l. 11s.; Sarah Austin, for Boat-hire, 5l., "at several times"; and an Account for Muskets and Rifles belonging to the Militia of Northampton County, commanded by Colonel Jacob Strowd, 29l. 15s., to be charged to the Colonel. Orders were drawn in favour of Thomas Strawbridge for 75l., on account of coarse Woollens, and of Major Lewis Nicola for 100l.

The Northern Department

Ticonderoga, October 22

In the General Orders of the Northern Army of the 14th instant, the General "returns his thanks to General Arnold, and the officers, seamen, and marines of the fleet for the gallant defence they made against the great superiority of the enemy's force. Such magnanimous behaviour will establish the fame of the American arms throughout the globe."

In the orders of the 15th: "The General is very unhappy to see the want of that spirit, alertness, and industry so necessary for the immediate completion of the forts and redoubts, prevail so shamefully in this Army. The fleet have acted a noble part. Let it not be said hereafter that the cause of all America was injured by the supineness of the Northern Army."

By those of the 21st, the Surgeons of the Army are arranged in case of action: Doctors Kennedy, Barnet, Taylor, Thacher, Silsby and Packer, with their Mates, to attend at the old fort; Doctors Johnson, Holmes, Allison, Harvey and Stewart, with their Mates, near Colonel Wayne's marquee, with all their instruments; and all the Surgeons and Mates on Mount Independence to attend Doctor Potts, at the General Hospital on the Mount. On the 22d it was ordered, that "Whenever an action happens on the Ticonderoga side, the wounded, after being dressed at the places appointed in yesterday's orders, are to be carried to Doctor Potts, at the General Hospital on the Mount. Boats will be kept constantly ready at the carpenter's shop for this purpose, laying in the cove."

From the Southward

Charles-Town, (South-Carolina) October 15.

The following Message from the President was sent to the General Assembly: "Your message of the 11th of April having been notified to the Crown-officers therein described, none of them chose to leave the Province, except Mr. Savage and Mr. Simpson. The Council, therefore, did not think it advisable that they should be permitted to go, and at the time of the late invasion judged it expedient to confine all those persons: they are now restrained to their respective houses. I desire your advice in what manner they should be disposed of in future. I think it proper to acquaint you that Messrs. James Brisbane, John Champney, Henry Mickie, John Tunno, and James Carsan, being deemed persons whose going at large might endanger the safety of the Colony or the liberties of America, were, by advice of the Council, ordered to be, and now are, confined, some in George-Town and others in the Cheraws. JOHN RUTLEDGE." The Message is to be taken into consideration to-morrow.

A Bill of free and general pardon and amnesty was read a second time; and the question being put, whether it should be sent to the Legislative Council, it passed in the negative: "Resolved, That the Bill be rejected."

The House also came to the following Resolutions:

"Resolved, That if any Slaves employed in the publick service shall be killed, maimed, or disabled, in such service, this House will make provision to indemnify the owner of such Slave.

"Resolved, also, That all such Slaves as shall be taken sick whilst employed in the publick service, shall be forthwith returned to their owners, if they require it, or conveyed to a proper Hospital, and there supplied with necessary sustenance, medicines, and attendance, until they shall be able to return to work, or be sent to their respective owners."

Annapolis, October 26

Whereas many young men under twenty-one years of age, seized of lands within this State, have entered into the service of this State or the United States in arms, and by the laws now in being cannot devise their lands, the Convention this day "Resolved, That any last will of any young man in the service aforesaid, made after he hath, or shall have, accomplished the age of sixteen years, shall, in case he hath died or shall die whilst in service as aforesaid, be of the same force and effect, to all intents and purposes, as if he was of the full age of twenty-one years at the time of his making the same will."

The President laid before the Convention a Letter from the Committee of Observation for Kent County, dated Chester-Town, October 23, relative to the conduct of Mr. William Sluby, which was read, and ordered to be entered on the Journal. The Committee, having sat two days on the examination of Mr. Claypoole, and two others summoned at the request of Mr. Sluby, "are of opinion that nothing appeared against Mr. Sluby which would justify the exercise of the power of sending him under a guard to the Convention."

From the Eastward

Massachusetts-Bay, October 25

The General Court have this day resolved, that a Joint Committee of both Houses be annually chosen, to receive, examine, and record, in a book provided for that purpose, the certificates of "any commissioned officer, non-commissioned officer, or private soldier, marine, or seaman, who has been wounded while in the service of the United States of America, by sea or land," and, having examined into the nature and degree of their wounds, to report "what they shall judge ought to be their allowance or pension," and, after order is taken thereon, record the same, agreeable to the resolve of Congress.

Lieutenant Ebenezer Vernum is allowed thirty-three shillings, and Josiah Foster two pounds five shillings, "in full for the losses they sustained respectively in the battle on Bunker's Hill, on the 17th June, 1775."

The Committee of Deer-Island are empowered, if they think proper, to libel in the Maritime Court for the Eastern District the Sloop Sally, belonging to Nathan Jones, taken by them in August, 1775, for the breach of Continental and other Resolutions; and, as they have represented that the said Nathan Jones "hath, in many instances, both by words and other ways, discovered himself to be inimical to the interest of the United States of America," they are directed to take testimonies, properly authenticated, and transmit them to the General Court.

Advertisements

FOUR DOLLARS Reward.

RUN-AWAY from the subscriber, living in Upper Penns Neck, Salem county, West Jersey, on Monday the 12th of August, a Scotch servant man, named JAMES DICK, a thick well set fellow, about 5 feet 9 or 10 inches high, of a sandy complexion, his beard almost red when long; had on when he went away, tow shirt and trowsers, an old twilled cloth jacket, and an old beaver hat. Whoever takes up and secures the said servant, so that his master may get him again, shall receive the above reward, and reasonable charges, paid by

THOMAS CARNEY, jun.

N. B. It is supposed that he has his first indenture, as his old time was ended the first of June last, but has been judged to serve three years for expence and runaway time.

RUN away on the 4th instant, from the subscriber, living in Moreland township, Philadelphia county, a servant Girl, named Mary Williams, about 17 years of age, of a low size, but middling thick; had on, and took with her, a long calicoe gown, a short ditto, two other short gowns, one lincey and the other a striped linen one, a blue skirt and two lincey petticoats, four shifts of home made linen, a black bonnet, and a pair of shoes. Whoever takes up said Girl, so that her master may get her again, shall have Six-pence reward, and Seven-pence for their trouble in bringing her home, paid by

August 8. 1776. EDWARD EATON.

EIGHT DOLLARS Reward.

RUN away, on the 8th of July instant, from the subscriber, in Chester township, Burlington county, New-Jersey, an Irish servant man, named Morris M'Quaid, about 18 years of age, about 5 feet 7 inches high, a well set fellow, fresh colour, black hair, grey eyes, and is very quarrelsome when in liquor; had on, and took with him, when he went away, a silk handkerchief, felt hat, an old dorsettee jacket, a thick grey ditto, two old shirts, one check the other ozenbrigs, a pair of whitish breeches, two pair of tow trowsers, a pair of calf-skin shoes, too big for him: It is likely he will change his name, and go towards York. Whoever takes up the said servant, and secures him in any goal, so that his master may get him again, shall have the above reward, and all reasonable charges, paid by

SETH LIPPINCOTT.

FORTY-EIGHT DOLLARS REWARD.

DESERTED from the company of Captain Samuel Evans, at the Head of Elk, the six following persons, viz. Henry Grandvil, an Englishman born, practices to teach the fife and German flute, and also the drum and slight of hand; had on, when he went off, a brown broadcloth coat, turned, with yellow buttons, full trimmed, a pair of light broadcloth breeches, brown jacket, and thread stockings; his left leg sore, and has continued for some time past; very antick, sings a good song. and is a good deal on the Tory order. John Dickson, born in England, says he left the English at Bunker's hill, about 5 feet 10 or 11 inches high; had on, when he deserted, a white hunting shirt, a pair of light coloured worsted stockings, half-worn velvet breeches, striped jacket, and a pair of pumps; fair hair, fond of drink, and roguish inclined; also took with him, when he went off, a certain Philip Norris, an Englishman born, about 5 feet 10 inches high, a Collier; and had on, when he went off, an olive coloured hunting shirt, buckskin breeches, coarse stockings, a brown jacket; black hair, very quiet, but a great rogue in the main. and very fond of drink; went off with said John Dickson and Philip Norris, William Nailer, about 5 feet 4 inches high; had on, when he went away, a dark coloured hunting shirt, buckskin breeches, coarse stockings and shoes: born in England, a very quiet fellow. Nathaniel Clark, born at Back-creek, Cæcil county, Maryland, about 5 feet 11 inches high, by trade a Ship-carpenter; had on a blue broadcloth coat, turned, check trowsers, old shoes and stockings; a very great rogue, and fond of drink; a good deal freckled with the sun, and has sandy coloured hair. Thomas Armstrong, born near the Cross-roads, in Chester county, about 5 feet 4 inches high; had on a blue broadcloth coat, light coloured jacket, country cloth breeches, and leather spatterdashes; says he often has fits. Whoever takes up and secures said deserters in any goal of the United States, shall have Three Pounds reward for each, and reasonable charges, paid by

SAMUEL EVANS, Captain.

It is hoped the Officers of Militia will carefully examine their respective companies, that none of said deserters may get among them, without having them confined and sent to goal, that such notorious villains may not have it in their power to impose on the country.

TWELVE DOLLARS Reward.

DESERTED from Capt. JAMES MAXWELL's company of Maryland volunteers, for the Flying Camp, the following men, viz. David Morrison, born in Ireland, 21 years of age, fair sandy hair, grey eyes, pock marked, 5 feet 7½ inches high, with light blue coat and Scotch flannel jacket. John Neilson, American born, 22 years of age, brown hair, smooth face, grey eyes, 5 feet 5¾ inches high, with cat-skin hunting-cap, a hunting-shirt and brown coloured coat, other clothes unknown. William Craig, American born, 21 years of age, fresh complexion, brown hair, brown eyes, smooth face, 5 feet 11 inches high, with hunting shirt, other clothes unknown. It is supposed they have gone aboard of one of the privateers or armed vessels in Delaware. Whoever takes up and secures said deserters, or delivers them to their company, shall have the above reward, or Four Dollars for each, and reasonable charges, paid by

JAMES MAXWELL, Captain.

THE subscriber begs leave to inform the public, that he can and has for several years past, infallibly cured the BITE of a MAD DOG, as numbers of people in this and the neighbouring provinces can testify; my ancestors, for upwards of 150 years, did successfully practise the same cures in Old-England, when the ablest physicians there, after exerting their utmost skill, have failed therein; those who are so unhappy as to meet with such fatal disaster, may find an easy and effectual cure, by applying to DANIEL GOODMAN, Baker, living in Arch-street, between Second and Third-streets, Philadelphia.