CONSTITUTION OF PENNSYLVANIA-1776.

SECT. 47th. In order that the freedom of this commonwealth may be preserved inviolate for ever, there shall be chosen by ballot by the freemen in each city and county respectively, on the second Tuesday in October, in the year one thousand seven hundred and eighty-three and on the second Tuesday in October in every seventh year thereafter, two persons in each cityand county of this state, to be called the council of censors, who shall meet together on the second Monday of November, next ensuing their election; the majority of whom shall be a quorum in every case, except as to calling a convention, in which two-thirds of the whole number elected shall agree; and whose duty it shall be to enquire whether Attest JOHN MORRIS, JUNR. Secretary.

1829.

ANTHONY WAYNE.

215

ing called together a multitude of people, he was proceeding with his discourse, when he suddenly stopped short, and looked like a man astonished. The audience concluded that he had been seized with a sudden disorder, but on asking him what the matter was, received from him a confession of the imposture, with tears in his eyes and much trembling. Great was his distress, though it ended happily, for from this time he dated his conversion. His successor John Watts was 12 years pastor. Evan Morgan came next, and was two years in office. Samuel Jones, after that period, had charge about 16 years. To these succeeded Joseph Wood, A-ing, that an annual army, or an army raised on the spur bel Morgan, Jenkin Jones, Peter Peterson Vanhorn, and Samuel Jones, D. D. The last named pastor was an officer about half a century. Under him, though a man of intelligence and respectabil ty, but few accessions were made to the church. The soul-stirring operations of Sabbath Schools, Bible Societies, and missionary enterprise, had not begun to bless the age.

As an evidence of the dormancy of this body, under the late Dr. Jones, we mention the following fact. A lady, brought up by pious parents, members of this church, and in the habit of attending most of its meetings, has no recollection of ever having seen the ordinance of baptism performed, until she was fifteen years of age. Did the church and its vene: able pastor, during that long interval, think that the Lord might be left to do his own work, or they actively engaged in spending, and in being spent for his declarative glory? The present indications in this religious community are happy and encouraging. The spirit of missions, of Sabbath schools, of prayer, and of activity in all the important departments of Christian duty, is now in course of pleasing exemplification among them. The present pastor, David Jones, is a brother whose heart is with the Lord and with his people. To a judicious and faithful ministry, he adds the affection, the kindness and vigilance of pastoral fidelity.-Col. Star.

stage of the campaign, in a letter to a friend, animadverting on the state of affairs, said-"But, alas! our pros pects, flattering as they were, have proved delusions, and I see nothing before us but accumulating distress; we have been half our time without provisions, and are likely to continue so; we have no magazines nor money to form them. We have lived upon expedients until we can live no longer. In a word, the history of the war is a history of false hopes and temporary devices, instead of system and economy. If it were necessary, it could be easily proved to any person of moderate understand. of the occasion, besides being unqualified for the end designed, is, in various ways which could be mentioned, ten times more expensive than a permanent body of men, under good organization and military discipline; which never was, nor never will be the case with new troops. A thousand arguments, resulting from experience and the nature of things, might also be adduced to prove that the army, if it is to depend on State supplies, must disbandon or starve."

The following letter from Gen. Greene, the QuarterMaster General, under date of 11th May, 1780, exhibits the effects of some part of the grievances stated by the Commander-in-chief—“I have little prospect, either of providing for the march of the Maryland troops to the Southward, or of putting this army in motion. Many stores contracted for on advantageous terms, and which I had hopes of possessing have since been sold at private sale, for want of money to fulfil our contracts. Many engaged in the manufactory of a variety of articles, seeing but little prospect of our being able to fulfil the conditions on our part, have declined going on. A great number of wagons, on which we depended for this ar my, have been sold, and others left unfinished. All our public horses which have been to winter and recruit, have been nigh unto starving, and many have actually perished, for want of proper supplies of forage. The stores which we have provided at Boston, Pennsylvania, BAPTISTS IN PENNSYLVANIA. and elsewhere, we find ourselves unable to get forward. Our state has been distinguished in the history of the Numberless embarrassments lie before me, such as state Baptists for containing the oldest association in the U-laws, vulgar prejudices, want of money and support, as nion, viz. The Philadelphia Association, organized in well as heavy demands against the department." A part the year 1707. From this association in process of time, of the Quarter-Master General's letter is corroborated in the word of the Lord sounded forth, and our fathers one addressed by Gen. Wayne to the Commanderinchief. seem to have had a care that other states should enjoy Philadelphia, 10th May, 1780. the blessing of the gospel. But, alas, we may to a considerable extent, adopt the language of the spouse in the song as applicable to ourselves; "Mine own vineyard have I not kept." The states of Virginia and NewYork, contiguous to our own, and like it extending over much territory, abound in Baptists. The first association in each of these states was formed out of the Philadelphia Association, namely, the Ketocton Association, in 1766, and the New Nork Association, in 1791. Address of General Association.

BIOGRAPHICAL MEMOIR OF MAJOR GENERAL ANTHONY WAYNE. [From the Casket.] (Continued from page 199.) The campaign of 1780 opened under prospects of many encouraging circumstances. The European Courts, from motives of policy, had generally evidenced a disposition to aid the United States, at least in humbling the pride, if not lessening the colossal power of England. Spain was at war with Britain; France had promised powerful aid to America, both by sea and land. Russia and other powers had made arrangements to enter into an armed neutrality, in protection of their maritime rights against British usurpation. In addition to which, strong parties, both in England and Ireland, were formed in behalf of America. Notwithstanding those exterior and flattering circumstances, yet in the United States things had assumed,both in and out of the army, a most gloomy aspect. The Commander-in-chief,at an early

Dear Sir-Many gentlemen in this place affect to be very sanguine about the defence of Charleston, and remain in the most unworthy torpidity, waiting the issue; others again are depressed or elevated, like the ebbings and flowings of the tide, upon every intelligence of a gloomy or pleasing complexion; but equal supineness pervades the whole; and whilst they are calling upon your Excellency for troops to send to the South, take no measures to supply their places, or even to furnish provisions or other necessaries for those on their march.

I was in the lower counties of Delaware about eight days since, and found the second Maryland brigade at Newport destitute of provisions, except the fish which they caught for themselves, in nets loaned them by the inhabitants. When I arrived at Wilmington I found the artillery in the same situation, they had been for some days without a commissary, or any supplies, other than the scanty pittance which they collected from the inhabitants, who had employed a few fishermen to take herring for them-a conduct of this nature struck me so forcibly, that I made an immediate representation of it to the board of war, who have since put the troops in motion; but I believe without the least prospect of their being able to arrive in time to afford any succour to Charleston; which, should it fall, and I have too much ground to believe that it cannot hold out long, another detachment will probably be called for, and what service are we to expect from them, adequate to the certain loss in sickness, death, and desertion, which will inevitably take place in a climate to which our people arc not inured.

This was one of five indictments depending on the same question-for vending spirituous liquors without a licence. The following facts were proved or admitted.

Dear Sir, We have still victory within our grasp, at least we may obtain an honorable exit, which, my dear General, I wish with the sincerity of a friend, you and I may experience by each other's side, rather than survive the liberties of our country. Many, too many, a shamed at approaching poverty, and fearful that our situation in the army cannot be changed for a better, are quitting the service. Our line, thank Heaven, are stead-weekly, he sold to the Defendant and others the abso fast yet, and I believe determined to rise superior to the capricious frowns of fortune, or gloriously fall together like a band of brothers. Depend upon it, this resolution pervades the whole line, and if we can only prevent desertion, I am so sanguine as to believe that our country will yet reap signal advantages from our services; however, time and opportunity will probably evince this. But, my dear General, those generous sentiments must be kept alive by the aid of our country; if our resources fail, our men desert, and the same degree of ungenerous, impolitic, and d—ble economy is persisted in which has heretofore been practised, I fear Amor Patriæ will at length expire, even in the army. As its friend, then, and your country's friend, for God's sake urge our state to recruit men; urge them punctually to supply them, and, if possible, fix an idea on the mind of every man, that the way to procure an honorable and an advantageous peace is to be well prepared for war.

It is the wish of every one that you were here, but of none so much as your old friend, who longs to take you by the hand.

I am, dear General, with sincerity, yours,
FRANCIS JOHNSTON.

General WAINE.

Camp, 5th June, 1780. Dear General,-I waited on his Excellency, who received me with his usual friendship, as did the rest of his worthy family. I had some interesting conversation with that noble and good-hearted soul, Harrison, who, you may depend upon it, is your sincere friend. I told him that you would have been here ere this, were it not for injuring the feelings of some good officers, who have commanded your brigade, whilst you were in command of the Pennsylvania line, and subsequently in that of the corps of Light Infantry, and that your resuming it would necessarily supersede them. His reply was pointed and well intended. He said that himself and all your friends regretted your absence, inasmuch as it gave an opening for uneasy beings to find fault, and argue that, when an officer once enjoyed a separate and distinguished com. mand as that of your late corps of Infantry, he afterwards thought himself freed from other duty. Futile as this assertion may be in itself, and totally inapplicable as respects you, yet it may possibly have weight with some. I find that there has not been any direct application for the command of the Infantry, although I am pretty certain it is wished for. General Irvine, our valuable friend, tells me that a large Infantry is to be turned out; this he says he had from the Baron Steuben,but I really fear that the army cannot afford it. I mentioned at Head Quarters that you would be here very soon, and that you would take any command that would be serviceable, even fascine or road cutting. In short, my friend, myself and the officers of the line all wish you here.

Much news dealing out for nothing. Charleston is taken one hour and not the next. I am told by good authority that the states are called on, in the most pointed terms, to fill their regiments by drafts or some other mode, and that no regiment will be reduced. I can get no other news worth your notice, and subscribe myself your very affectionate friend and humble servant,

RICHARD BUTLER.

Mr. Inslee, Lessee and Manager of the Walnut street Theatre, in January last, obtained a licence for that esstablishment in the usual form of a Tavern licence to continue for one year. For a stipulated price payable lute right to the profits of the several bars erected in various parts of the building. In the month of June last, Mr. Inslee ceased to be manager of the theatre and that office became vested in Messrs. Greene and Chapman. The sale of liquor by the Defendant, by less measures than the quart, was admitted, and evidence was given of a custom in all the theatres of this city for many years back, for the manager to take out a licence in his own name and rent out the bars as in this instance. Mr. Rush for the Commonwealth contended-1. That the licence of Mr. Inslee did not authorise him to make an absolute disposition of the bars-and that therefore the defendant could not justify under that licence.. II. That the licence ceased to be operative at the resignation of the management by Mr. Inslee, and that all sales by the defendant, since that time, were unlawful.

Mr. Swift,for Defendant contended—that the custom of the Theatres in the City must be considered as a construction of the law long acquiesced in, and not now to be set aside-and that the licence to Mr. Inslee was still in force.

THE RECORDER-charged the Jury.

In granting Tavern Licences the Court regard two considerations namely-the character of the applicant, and the fitness of the house and neighborhood, in which the privilege is to be exercised. Hence, it has been decided uniformly, that a tavernkeeper, can neither transfer his licence to some other occupant of the same building-nor carry with him his Licence to any other house. An application of this principle to the case before the Court, will decide both cases against the defendant. There is no doubt but an Inkeeper may erect as many bars, or sell liquor in as many parts of his own building, as he pleases but the sale must be by himself or his immediate servants-for his own profit, and on his own re sponsibility. But the moment he grants to another the absolute right to sell in one portion of his house he erects a distinct Tavern, he assigns his licence-unless therefore the Jury can believe that the Defendant sold as the servant of Inslee-they must convict him on this indictment. Evidence of custom will not excuse: The custom of offenders can never make law.

Again-The Licence to Mr. Inslec-is in the usual form of a tavern Licence "for the house in which he now dwells. As no man dwells actually in a theatre,that term must be regarded as applying to the species of occupancy of which a theatre is capable, namely the occupancy of a manager. Upon the same principle therefore that when the licenced keeper of a common Tavern removes from it, his Licence ceases-the licence to Mr. Inslee must be decided to have expired with his resignation of the management. No argument drawn from the pe culiar nature of a theatrical building ought to have weight. Such buildings are licenced under the general law, in relation to Taverns-and if a due application of that law produces inconvenience it is not for this Court or Jury to provide a remedy.

Alderman Duane, delivered at length, his views of the laws in opposition to.the opinion of the other members of the Court as expressed by the Recorder.

The Mayor, expressed his hearty concurrence with the Recorder, and stated the principles upon which he had charged a Jury in a similar case at the last term.