REGISTER THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. EDITED BY SAMUEL HAZARD. ·VOL. IV.—NO. 11. PHILADELPHIA, SEPTEMBER 12, 1829. NO. 89. CONSTITUTION OF PENNSYLVANIA. In consequence of a resolution of the continental Congress, of May 15,1776, recommending the adoption by the several Colonies, of particular forms of government adapted to their peculiar circumstances, the Committee of this city addressed a circular to the different counties: which appointed committees to attend a conference in Philadelphia, on the 18th of June-to consider the recommendation of Congress. This conference met at the time appointed, and agreed upon the propriety of holding a convention for the purpose of adopting a Constitution. The proceedings of this conference, so far as relates to this object, will be found below. The proceedings of the convention will be published hereafter. Proceedings of the Provincial Conference of Committees, of the Province of Pennsylvania, held at Carpenter's Hall, at Philadelphia. Begun June 18th, and continued by adjournment to June 25, 1776. Tuesday, June 18, 1776. This day a number of gentlemen met at Carpenter's Hall, in Philadelphia, being deputed by the committees of several of the counties of this province, to join in provincial conference in consequence of a circular letter from the committee of the city and liberties of Philadelphia, inclosing the resolution of the continental congress of the 15th May last. Col. M'KEAN, as chairman of the city committee, de clared the motives which had induced that committee to propose the holding of the present conference, and then laid on the table a certificate of deputies appointed to attend on the part of said committee. Returns were also given in from the counties of Phil. adelphia, Bucks, Chester, Lancaster, Berks, Northampton, York, Cumberland, Bedford, and Westmoreland, by the deputies of said counties, by which it appears the following gentlemen were appointed, §viz: For the Committee of the City, &c. of Philadelphia. *Dr. Benjamin Franklin Mr. William Lowman Col. Thomas M'Kean Capt. Joseph Moulder Mr.Christopher Marshall, sr. Major John Bayard Col. Timothy Matlack Col. Joseph Dean Capt. Francis Gurney Major William Coates Mr. George Schlosser Capt. Jonathan B. Smith Capt. George Goodwin Mr. Jacob Barge Mr. Samuel C. Morris Dr. Benjamin Rush A quorum of the members from the above counties being met, except that only two appeared from Chester county; proceeded to the choice of a president, vicepresident, and two secretaries, and Col. Thomas M'Kean was chosen President. Jonathan B. Smith, Samuet C. Morris, S Secretaries. The conference adjourned to three o'clock, P.M. 3 o'clock, P. M. The conference met, present as above, and Adjourned to nine o'clock to-morrow morning. Wednesday, June 19, 1776. The conference met, present 12 committees, 97 members. A return was delivered at the table from Northumberland, and the deputies attended being--Col. William Cook, Alexander Hunter Esq Messieurs John Heitzel, Robert Martin, and Matthew Brown. As did those also from Chester. On motion, it was Resolved unanimously, That in taking the sense of this conference on any question which may come before them, the city and counties respectively shall have one vote. Resolved, That the committee now appointed be instructed to fix upon some number, not less than ninety, nor more than one hundred and ten, for the whole province. Then the cenference adjourned to half after three o'clock, P. M. June 19th, P. M. The conference met. A petition from the German associators of the city and liberties of Philadelphia was read, praying that all associators, who are taxables, may be entitled to vote. Ordered to lie on the table for perusal of the members. On motion, it was Ordered, That the resolution of the continental Congress of 15th May last, recommending the total suppression of all authority under the king of Great Britain, &c. be read, and it was read accordingly, and is in the words following, viz: In Congress, May 15 1776. Whereas his Britannic majesty,in conjunction with the lords and commons of Great Britain, has by a late act of On motion, Resolved unanimously, That this conparliament, excluded the inhabitants of these united ference will now enter into a consideration of the qualicolonies from the protection of his crown-And where-fications of electors, and persons who may be elected. as no answer whatever, to the humble petitions of the colonies for redress of grieviances and reconciliation with Great Britain, has been, or is likely to be given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies-And whereas it appears absolutely irreconcilable to reason and good conscience, for the people of these colonies now to take the oath and affirmation necessary for the support of any government under the crown of Great Britain; and it is necessary that the exercise of every kind of authority under the said crown should be totally suppressed, and all the powers of government exerted under the authority of the people of the colonies for the preservation of internal peace, virtue and good order, as well as for the defence of their lives, liberties and properties, against the hostile invasions and cruel depredations of their enemies, -Therefore, e. Resolved, That it be recommended to the respective assemblies and conventions, of the united colonies, where no government sufficient to the exigencies of their affairs has been hitherto established to adopt such government as shall in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general. By order of the Congress, JOHN HANCOCK, President. By special order the same was read a second time,and after mature consideration, Resolved unanimously, That the said resolution of congress of 15th May last, is fully approved by this conference. On motion, Resolved unanimously, That the present government of this province is not competent to the exigencies of our affairs. Resolved unanimously, That this conference will resolve itself into a committee of the whole, to enter upon said consideration. The president left the chair. The president resumed the chair. Col. Hart, from the committee of the whole reported, that the committee had come to no resolution, and desired leave to sit again. Ordered, That the committee of the whole have leave to sit again to-morrow morning at eight o'clock. The conference adjourned to eight o'clock to-mor row, A. M. THURSDAY, June 20, 1776. The conference met, every committee present. The order of yesterday, for resolving the conference into a committee of the whole was read. Resolved unanimously, That the conference will now go into a committee of the whole. The president left the chair The president resumed the chair. Col. Hart reported from the committee of the whole, that they had come into two resolutions, which he was ready to report, when the conference would receive them. Ordered, That they be received forthwith; then the said resolutions being read and considered, were agreed to by the conference, without one dissenting voice, and are as follows, viz. Resolved, That every associator in the province shall be admitted to a vote for members of the convention, in the city or county in which he resides; provided such associator be of the age of twenty-one years, and shall have lived one year in this province immediately preceding the election; and shall have contributed at any time before the passing of this resolve to the payment of either provincial or county taxes, or shall have been rated or assessed towards the same. On motion, Resolved N. C. D. That it is necessary Resolved, That every person, qualified by the laws of that a provincial convention be called by this conference this province to vote for representatives in assembly, for the express purpose of forming a new government shall be admitted to vote for members of the intended in this province, on the authority of the people only. convention; provided he shall first take the following Resolved unanimously, That a committee be appoint-test on oath or affirmation, if thereunto required by any ed to ascertain the number of members of which the convention ought to consist, and the proportion of representatives for the city and each county; and that two members from the city and each county be appointed on said committee, except from Westmoreland, which can furnish but one, and the following gentlemen were appointed, viz. Messieurs Bayard, Bull, Kidd, Davis, Atlee, Bird, Messieurs Gray, Smith, McClean, Espey, Weitzell, Cook, one of the judges or inspectors of the election, who are hereby impowered to administer the same. do declare that I do not hold myself bound to bear allegiance to George the third, king of Great Britain, &c. and tl at 1 will not, by any means, directly or indirectly, oppose the establishment of a free government in this province, by the convention now to be chosen; nor the measures now adopted by the congress, against the tyranny attempted to be established in these colonies by the court of Great Britain." Ordered, That the committee of the whole have leave to sit this afternoon at three o'clock. Then the conference adjourned to three o'clock this afternoon 1829.] The conference met. CONSTITUTION OF PENNSYLVANIA. June 20, 1776, P. M. On motion, Resolved unanimously, That whereas the county of Westmoreland hath been exempted from the payment of taxes for three years last past; and thereby many persons may be excluded from a vote at the ensuing election in consequence of the foregoing regulations, contrary to the intention thereof, therefore every person of 21 years of age, being a free man, residing in said county, shall be admitted to vote, he being an associator, and having lived one year in this province next preceding the election, and taking the test aforesaid if thereunto required. Resolved unanimously, That the election shall be made by ballot in the manner heretofore used in this province at the general elections. Resolved unanimously, That no person who has been published by any committee of inspection, or the committee of safety in this province, as an enemy to the liberties of America; and has not been restored to the favor of his country, shall be permitted to vote at the election of members for said convention. The conference then adjourned to eight o'clock, tomorrow, A. M. test. "I Resolved unanimously, That any person qualified to vote for members of the assembly, by the laws of this province, may be elected a member of convention, provided that he shall have resided at least one year immediately preceding the same election, in the city or county for which he shall be chosen, and shall, before he takes liis seat in convention, take the following oath or affirmation, viz. do declare that I do not hold my self bound to bear allegiance to George the third, king of Great-Britain, &c. and that I will steadily and firmly at all times promote the most effectual means, according to the best of my skill and knowledge, to oppose the tyrannical proceedings of the king and parliament of Great-Britain, against the American colonies; and to establish and support a government in this province, on the authority of the people only, &c. That I will oppose any measure that shall or may in the least interfere with or obstruct the religious principles or practices of any of the good people of this province, as heretofore enjoyed." Also Resolved, That no person elected to serve as a member of convention, shall take his seat to give his vote, until he shall have made and subscribed the following declaration. "I do profess faith in God the Father, and in Jesus Christ his eternal Son, the true God, and in the Holy Spirit, one God blessed for evermore; and do acknowledge the holy scriptures of the old and new testament to be given by divine inspiration. Ordered to lie on the table for the perusal of the members. Resolved, That Messrs. Moulder, Lollar, Wallace, Hockley, Lowry, Eachard, B. Dupue, McPherson, Clarke, Davidson, Cook and Parry, be a committee, to consider of the proper time, place and manner, of hold. ing and regulating the ensuing election, and to fix a day for the meeting of the representatives of the people so chosen. The conference adjourned to three o'clock, P.M. June 21, 1776, P.M. The conference met. The committee appointed to ascertain the number and proportion of members to represent the province, and each particular city and county in convention, made their report in the words following, viz. 163 The committee appointed for, &c. report, that your committee having conferred together, and endeavoured to obtain the best intelligence that can be had, find that full information respecting the number of taxables in each county cannot now be had; and therefore cannot be adopted as a rule in fixing the number of represen tatives for the city and counties respectively;-your committee, however are satisfied that the number of taxables in the counties respectively does not differ so much as to make it of any probable disadvantage, to allow an equal representation from each county; especially as the convention will probably vote by city and counties, (as in the preceding conventions) upon the questions which shall come before them. We therefore recommend, that it be resolved that eight representatives be sent by the city of Philadelphia, and eight by each county in the province, to the con. vention. On motion, that the inhabitants of the city be divided from the county of Philadelphia, and that they be not admitted to vote or be voted for, in the election of the county members for the convention. It was moved, that the previous question be put, viz. Whether this question be now put? And it was put accordingly, and carried in the negative. Resolved, That this conference approve of the report of the committee. The conference then adjourned to eight o'clock tomorrow, A.M. SATURDAY, June 22, 1776. A.M. The conference met. June 22, 1776, P.M. The committee appointed yesterday, to consider of the proper time, place and manner of regulating the ensuing election, and to fix a day for the meeting of the representatives so chosen, made their report. On motion, Resolved, That this conference will take into consideration the propriety of dividing all or any of the counties into several districts in which the election shall be held, when the said report shall be considered. On motion, The said report being read a second time, by paragraphs, was by order recommitted. The conference ther. adjourned to eight o'clock tomorrow. The conference met. Sunday, June 23, 1776. The committee appointed to consider the proper time, &c. of holding the election, delivered their report at the table, which being read by order, was unanimously agreed to by the house, and is in the words following, viz: The committee appointed to consider of the proper time, place and manner of holding an election for mem bers of convention, and the time of the meeting of the persons so chosen, report as followeth-That they ap point Monday the 8th day of July next for electing said Members --That the several counties proceed to choose their respective members at the following places, viz: For the city and county of l'hiladelphia, the counties of Bucks, Berks and Bedford, at the usual places of election. Chester county, to be divided into three districts. York county to be divided into five districts: Northampton county, to be divided into four districts. Cumberland county, to be divided into three districts. Northumberland county, to be held at George M'Candlish's in Turbert township. Westmoreland county, to be divided into 2 divsions. The county of Lancaster, to be divided into six districts. And that the electors of every borough, ward, or township, in each of the counties, shall meet on Satur day the 6th of July next, between the hours of two and six o'clock in the afternoon, and chuse inspectors to receive the votes from the electors of their boroughs, wards or townships respectively. The place for said elections to be advertised by the county committee, who shall also superintend such elections, and make returns of the inspectors chosen, to the judges of the general election. And if any district shall neglect to chuse in spectors as aforesaid, in such case the judges of the election, shall appoint inspectors for those who so neglect, on the morning of the day of the general election; & that each of the said inspectors, on the day of the general election, shall, before he proceeds to take or receive any votes, take the following oath or affirmation, viz: 3d division at Elizabethtown. Daniel Elliott, Robert Clark, Jacob Haldiman. 4th division at Lebanon. Casper Kuhn, Jacob Eckart, Philip Greenawalt. Js. 5th division at New Holland. M'Cammont, Gab. Davis, Michael Whitman. 6th division at Garber's mill, "I, A. B. do declare, that I will duly attend the ensing election, during the continuance thereof, and will truly and faithfully assist the judges of said election, to prevent all frauds and deceits whatever of electors, or others, in carrying on the same, and in causing the poll or votes at such election to be marked off on the respec- John Rogers, John Harris, James Morrow. tive lists, and fairly cast up;" which oath or affirmation to be administered by any one of the judges. And that the deputies from the city of Philadelphia, and from each county, shall nominate and appoint three discreet and able members of their respective committees residing within the several districts, to be judges of the general election within said districts; which said judges, together with the inspectors, shall appoint clerks for taking the polls at the said election; and the said judges and clerks shall respectively take the same oath or affirmation as is required to be taken by the inspectors, which shall be administered by any one of the judges to the others, they being hereby authorized and appointed to administer the same. And that the commissioners of the city and counties in this province, when required, shall deliver unto the judges of said election true duplicates of all the taxables in the several districts of their respective counties. And that the judges aforesaid shall, and are hereby required and impowered to act in all cases respecting said elections in the room and places of sheriff's, until the same are finished; and when the polls are closed and the votes counted off, or cast up, in the several districts of such counties as are divided as aforesaid, the judges and inspectors shall cause certified accounts thereof to be taken by some of them, to their respective county towns, on the next day, and of the names of the persons chosen in the several districts, with the number of votes for each candidate; which, when compared and added together, the eight highest numbers shall be the persons to represent such county in convention; and also that the judg es, or any two of them, for the cities and counties respectively, shail certify from under their hands and seals to the convention, on the day appointed for their meeting as aforesaid, a true list or certificate of the names of the members so chosen, in the city and counties respectively, together with the number of votes for each of them. And the captains or commanding officer of cach company in the several battalions of this province, are hereby required to furnish complete lists of their companies to the judges and inspectors of the several districts, on the morning of the election. Which persons so chosen to be members of the convention, shall meet at Philadelphia on Monday the 15th of July next, in convention as aforesaid. Ordered, That the following gentlemen be appointed to be judges of the election in the counties, and in the respective districts, viz. City, &e of Philadelphia. Cumberland County. First division, at Carlisle. John Allison, James Maxwell, John Beard. 1st division at York-Town. Charles Lukens, John Hay, Michael Hayn. 4th division at Nicholson's mill. James Leiper, Patrick Scott, Jamnes Savage. 5th division at Robert Stevenson's. John Nesbit, James Nayler, William Mitchell. Bedford County-At the usual place. Samuel Davidson, James Anderson, William Todd. Northumberland County-At George M'Candish's. Thomas Hewitt, William Shaw, Joseph Green. Westmoreland County. 1st division at Spark's fort. George Wilson, John Kile, Robert M'Connell. 2d division at Hannah's-Town. James Barr, John Moore, Clement M'Geary. Northampton County. 1st division at Easton. John Gerhart, David Deshler, George Breinig. Simon 4th division at Nicholas Dupue's. The conference then adjourned to 3 o'clock, P. M. The conference met. The gentlemen appointed to prepare a draft of an address to the inhabitants of this province, delivered at the Samuel Massey, Frederick Kuhl, Thomas Cuthbert. table, a draft which was read. The draft of an address, &c. was by order read a second time; and being considered and amended, was agreed to unanimously, and is in the following words. The Address of the Deputies from the Committees of Pennsylvania, assembled in Provincial conference, June To the People of Pennsylvania. FRIENDS AND COUNTRYMEN, 22. In obedience to the power we derived from you, we 1829.] CONSTITUTION OF PENNSYLVANIA. have fixed upon a mode of electing a convention to form a government for the province of Pennsylvania, under the authority of the people. Divine Providence is about to grant you a favour which few people have ever enjoyed before, the privilege of chusing deputies to form a government under which you are to live. We need not inform you of the importance of the trust you are about to commit to them. Your liberty, safety, and happiness and every thing that posterity will hold dear to them to the end of time, will depend upon their deliberations. It becomes you therefore to chuse such persons only to act for you in the ensuing convention, as are distinguished for wisdom, integrity, and a firm attachment to the liberties of this province, as well as to the liberties of the united colonies in general. In order that your deputies may know your sentiments as fully as possible upon the subject of government,, we beg that you would convey to them your wishes and opinions upon that head immediately after their election. We have experienced an unexpected unanimity in our councils, and we have the pleasure of observing a growing unanimity among the people of the province. We beg that this brotherly spirit may be cultivated, and that you would remember that the present unsettled state of the province requires that you should shew forbearance-charity-and moderation to each other. We beg that you would endeavour to remove the prejudices of the weak and ignorant, respecting the proposed change in our government, and assure them that it is absolutely necessary to secure property-liberty and the sacred rights of conscience to every individual in the province. The season of the year, and the exigencies of our colony require dispatch in the formation of a regular goverment. You will not therefore be surprised at our fixing the day for the election of deputies so early as the 8th of next July. 165 and unjust proceedings against us: And whereas the public virtue of this colony (so essential to its liberty and happiness) must be endangered by a future political union with or dependence upon a crown and nation so lost to justice, patriotism, and magnanimity; "We the Deputies of the people of Pennsylvania assembled in full provincial conference, for forming a plan for executing the resolve of congress of the 15th of May last, for suppressing all authority in this province derived from the crown of Great-Britain; and for establishing a government upon the authority of the people only, now in this public manner in behalf of ourselves, and with the approbation, consent, and authority of our constituents, Unanimously declare our willingness to concur in a vote of the congress, declaring the united colonies free and independent states, provided the forming the government, and the regulation of the internal police of this colony be always reserved to the people of the said colony; and we do further call upon the nations of Europe; and appeal to the great arbiter and governor of the empires of the world, to witness for us, that this declaration did not originate in ambition, or in an impatience of lawful authority; but that we were driven to it; in obedience to the first principle of nature, by the oppressions and cruelties of the aforesaid king and parliament of Great-Britain, as the only possible measure that was left us to preserve and establish our liberties, and transmit them inviolate to posterity. Ordered, That this declaration be signed at the table; and that the president deliver it in congress. June 24, 1776. Resolved unanimously, That thanks be given to the president, for his impartiality and close attention to the business of this conference. Resolved unanimously, That the thanks of this conference be given to the committee of the city and liberties of Philadelphia, &c. for their unwearied endeavours in the public service, and particularly for their patriotic exertions in carrying into execution the resolve of conun-gress of May 15th last, for suppressing all authority un We wish you success in your attempts to establish & perpetuate your liberties, and pray God to take you der his special protection. Signed by unanimous order of the Conference. THOMAS M'KEAN, President. MONDAY, June 24, A. M. The conference met according to adjournment, but many of the members being on committees, the conference adjourned to three o'clock this afternoon. der the crown of Great-Britain. Then the conference dissolved itself. THOMAS M'KEAN, President. Collector's Office, opposite Pittsburgh, Į The conference met, June 24, 1776 P. M. The committee appointed for that purpose brought in a draft of a declaration, on the subject of the indepen- arrivals and departures of Boats on the Western Division MESSRS. EDITORS-Inclosed, I hand you a list of the dence of this colony, of the crown of Great-Britain. which was ordered to be read by special order, the Penn'a Canal during the week ending this night, which same was read a second time, and being fully consider you will publish if you think proper. It may be gratifying to your readers to learn, that this splendid improveed, it was with the greatest unanimity of all the members agreed to and adopted, and is in the words follow-tities of Iron from Blairsville, and Salt from the Kiskement is now in successful operation, and that large quaning, viz: minetas works are daily arriving by the Canal. Whereas George the third, king of Great-Britain, &c. in violation of the principles of the British constitution; and of the laws of justice and humanity, hath by an ac cumulation of oppressions unparalleled in history excluded the inhabitants of this,with the other American colonies from his protection; and whereas he hath paid no regard to any of our numerous and dutiful petitions for a redress of our complicated grievances, but hath lately purchas- | Aug. 23, ed foreign troops to assist in enslaving us; and has excited the savages of this country to carry on a war against us; as also the negroes to embrue their hands in the blood of their masters, in a manner unpractised by civilized nations; and hath lately insulted our calamities, by declaring that he will shew us no mercy until he has reduced us: And whereas the obligations of intelligence (being reciprocal between a king and his subjects) are now dissolved on the side of the colonists, by the despotism of the said king, insomuch that it now appears that loyalty to him is treason against the good people of this country. And whereas not only the parliament, but, there is reason to believe, too many of the people of | Great Britain, have concurred in the aforesaid arbitrary WM. B FOSTER, Collector of Tolls W. D. Pa. Canal. ARRIVALS. Reindeer, Pioneer, Gen. Lacock, Warren Packet. 26, Little Buck, Rambler, Messenger, Jackson, 27, Unexpected, Collier, Blairsville Packet. 28, Reindeer, Spy, General Lacock, 29, Flat, Black-snake.-17. DEPARTURES. |