amendment (fo called) at full length; and for the truth and exactness of my copy I dare appeal to Mr. Secretary Shippen.

The words of the bill, p. 43. were, Every "fuch perfon fo offending, being legally convicted "thereof," &c. By the words legally convicted, was intended a conviction after legal trial, in the common courfe of the laws of the land. But the Governor required this addition immediately to follow the words "convicted thereof"] viz. by a court-martial; fhall fuffer DEATH, or fuch • other punishment as fuch court, by their sentence or decree, fhall think proper to inflict • and pronounce. And be it farther enacted by ⚫ the authority aforefaid, That when and so often as it may be neceffary, the Governor and Com• mander in chief for the time being, fhall ap'point and commiffionate, under the great feal of this province, fixteen commiffioned officers in each regiment; with authority and power to them or any thirteen of them to hold courtsmartial, of whom a field officer fhall always be one, and prefident of the faid court; and 'fuch courts-martial fhall and are hereby impowered to adminifter an oath to any witness, ⚫ in order to the examination or trial of any of the offences which by this act are made cognizable in fuch courts, and fhall come before ' them. Provided always, that in all trials by a court-martial by virtue of this act, every officer prefent at fuch trial, before any proceedings ⚫ be had therein, fhall take an oath upon the

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holy evangelifts, before one Juftice of the in the county where fuch court is held; who are hereby authorized to adminifter the fame, ⚫ in the following words, that is to fay; "I A. B. "do fwear, that I will duly adminifter juftice according to evidence; and to the directions of an act, intitled, An Act for forming and regulating the militia of the province of Pensylvania, "without partiality, favour or affection; and that "I will not divulge the fentence of the court, "until it fhall be approved of by the Governor "or Commander in chief of this province for the "time being; neither will I, upon any account, "at any time whatfoever, difclofe or difcover the "vote or opinion of any particular member of "the court-martial. So help me God."- And · no fentence of Death, or other sentence, shall be given against any offender, but by the concurrence of nine of the officers fo fworn. And no fentence paffed against any offender by fuch court-martial fhall be put in execution, until report be made of the whole proceedings to the Governor or Commander in chief of this province for the time being, and his directions fignified thereupon.'

It is obfervable here, that by the common course of justice, a man is to be tried by a Jury of his neighbours and fellows; impannelled by a fheriff, in whofe appointment the people have a choice: the prifoner too has a right to challenge twenty of the pannel, without giving a reafon, and as many more as he can give reasons for chal

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lenging; and before he can be convicted, the Jury are to be unanimous; they are all to agree that ho is guilty, and are therefore all accountable for their verdict.-But by this amendment, the Jury (if they may be fo called) are all officers of the Governor's fole appointing; and not one of them can be challenged; And though a common militia man is to be tried, no common militia man shall be of that Jury; And fo far from requiring all to agree, a bare majority fhall be fufficient to condemn you. And left that majority fhould be under any check or reftraint, from an apprehenfion of what the world might think or fay of the feverity or injustice of their fentence; an Oath is to be taken, never to discover the vote or opinion of any particular member!

Thefe are fome of the chains attempted to be forged for you by the Proprietary faction!—Who advifed the G-r is not difficult to know. They are the very men, who now clamour at the Af fembly for a propofal of bringing the trial of a' particular murder to this county, from another, where it was not thought fafe for any man to be either juryman or witness; and call it disfran-’ chifing the people! who are now bawling about' the conftitution, and pretending vaft concern for your liberties In refufing you the leaft means of recommending or expreffing your regard for perfons to be placed over you as officers, and who were thus to be made your judges in life and eftate; they have not regarded the example of the King, our wife as well as kind master; who in

all

all his requifitions made to the colonies, of raifing troops for their defence, directed that "the bet

ter to facilitate the important fervice, the com"miffions should be given to fuch as from their weight and credit with the people, may be " beft enabled to effectuate the levies *."—In establishing a militia for the defence of the province, how could the " weight and credit" of men with the people be better discovered, than by the mode that bill directed; viz. by a majority of thofe that were to be commanded, nominating three for each office to the Governor, of which three he might take the one he liked best?—

However, the courts-martial being established, and all of us thus put into his Honour's abfolute power, the Governor goes on to enhance the fines and penalties: Thus in page 49 of the bill, where the Affembly had propofed the fine to be Ten fhillings, the Governor required it to be Ten pounds-In page 50, where a fine of Five pounds, was mentioned, the Governor's amendment required it to be made Fifty pounds. And in page 44, where the Affembly had faid, "fhall forfeit "and pay any fum, not exceeding Five pounds," the Governor's amendment fays, "fhall fuffer "DEATH; or fuch other punishment, as fhall, "according to the nature of the offence, be in"flicted by the fentence of a court-martial!”—

The Affembly's refufing to admit of these amendments in that bill, is one of their offences

* See Secretary of State's Letters in the printed Votes.

against the Lord Proprietary; for which that faction are now abufing them in both the languages of the province, with all the virulence that reverend malice can dictate; enforced by numberless barefaced falfhoods, that only the most dishoneft and bafe would dare to invent, and none but the most weak and credulous can poffibly believe.

VERITAS.

[It is hardly neceffary to mention here, that Penfylvania was fettled by a mixture of German and English. E.]

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