Gazette Of The United States, & Philadelphia Daily Advertiser

Amongst the many evils that arise from the predominance of newspapers over every other species of publication in America, it is not the least, that they become the almost exclusive records of transitory facts and circumstances, the importance of which demands frequent recurrence; thousands of things pass away in consequence and after a very short period, virtually cease to exist.

Fortunately, however, the grounds of this complaint do not uniformly exist; and instances sometimes occur, in which we are enabled by these very means to confound falsehood and put villainy to the blush.

I was led to this remark, by observing in a file of old newspapers, printed by Citizen Francis Bailey, numerous anecdotes and biographical sketches of the life of that virtuous Republican The Honorable Thomas M'Kean, Esquire, Doctor of Laws. One of these I am about to rescue from oblivion at a time the more grateful at the present moment, as every trait of civism, which can add lustre to the character of this mild, humane, honest, upright and dignified man, whom we are about publicly to applaud or condemn, by the solemn voice of the whole commonwealth, may be said to belong to the public.

[To His Excellency the President and the Honorable the members of the Supreme Executive Council:

The petition of the subscribers HUMBLY SHEWETH,

THAT your petitioners are much alarmed at a late proceeding of the supreme court of this state in the case of colonel Eleazer Oswald, against whom an attachment hath been awarded, and without any trial by jury he hath been condemned to fine and imprisonment by the court : that your petitioners cannot but consider it as unconstitutional and illegal to deny to a citizen of Pennsylvania the privilege of a trial by jury in any criminal prosecution, 'and subject him to the arbitrary discretion of the judges, by which he may suddenly and without time for preparation or defence, be hurried to a prison and destroyed: that your petitioners conceive that no man is safe if the judges at their will and pleasure may arrest a man upon a charge of contempt, and proceed to immediate punishment upon their own judgment as to law and fact : that if such proceedings are allowed, your petitioners apprehend that nothing can prevent the infamous proceedings of the star chamber of England from being revived in this country, it being the very grievance so highly complained of in that abominable court, that they proceeded by an arbitrary discretion, and frequently punished men with severity on frivolous pretences to gratify the malice of archbishop Laud, or some other member of the court : that your petitioners apprehend that the ninth section of the bill of rights of Pennsylvania was intended to secure to us the invaluable right of trial by jury in criminal cases, and to prevent such arbitrary proceeding as have been instituted in the case of colonel Oswald.- Wherefore your petitioners pray, as the power of extending mercy and pardons is lodged with your excellency and your honors, that you will be graciously pleased to grant a pardon to the said Eleazer Oswald. And your petitioners will pray.

Samuel Wetherill, jr. Baldesqui,
Guy Bryan, Israel Israel,
Jona. D. Sergeant, George Latimer,
Dr. Jas. Hutchinson, Francis Bailey
Manuel Eyre, Hugh Ferguson, jun.
Blair M'Clenachan, Andrew Kennedy
John Smith, Je Barbier Duplessis,
Peter S. Duponceau, William Barton,
David Fukson, Nathan Boys,
Edward Pole, Charles Erdmann,
John Barker, Wm. Shippen, jun.
William Linnard, Robert Smith (3dst.)
Edward Fox, William Rush, jun.
Daniel Wistar, Charles Young.
And a number of others.]