Page:United States Reports, Volume 1.djvu/65

 54  the following narrative of the meaures purued in organizing the contitution, was delivered in upport of the aertion.

The firt act of legilation, under the contitution was paed on the 21t January, 1777. On the 28th day of the ame month, the laws of the late Province, with certain retrictions, were, from and after the 10th day of February then next, to be revived; and on the 4th of March following, the firt Preident and Vice-Preident were elected; when alo, the firt minutes were made on the records of the Supreme Executive Council. So that the prioner’s departure from this State, on the 26th December, 1776, was near a month antecedent to any legilative act; and near three months before all the branches of the government were organized and put into actual operation.—Beides, the act for the revival of the laws, expresly admits that they were not in force from the 14th May, 1776, until the 11th February, 1777; and the act for declaring what hall be treaon, which did not pas till the lat mentioned date, excludes every idea of retropect; declaring only, "“that all perons now inhabiting, &c. within the limits of the State of Pennylvania; or that hall voluntarily come into the ame hereafter to inhabit, &c. do owe and hall pay allegiance, &c.”"

–The prioner, at the time of paing this act, was not an inhabitant; nor had he ince voluntarily become one. He does not, therefore, owe allegiance to the State, and cannot be denominated a ubject of Pennylvania.—With repect to the act of the 6th March, 1778, on the authority of which the preent proclamation iued, it is evidently an  law, and as uch, contrary to the words, and pirit of the Contitution. But if the prioner never was a ubject of the Commonwealth of Pennylvania, this law cannot operate againt him in the deciion of the iue before the court.

The Counel for the prioner cited the following authorities in the coure of their argument : Puff. 639. ''Lock. on Gov.'' 229. 168. 227. Vatt. 23. 25. b. 3. p. 109. Burlimaqui 27. 33. 1 Blackt. 45. Foter C. L. 55. Harvey’s cae.

The Attorney General tated the quetion to be, in fact, whether Pennylvania was a Commonwealth on the 26th day of December, 1776? By the declaration of independence, on the 4th July, 1776 every State in the union was olemnly declared to be free and independent. But even before that period Congres had recommended, that new governments hould be framed, adequate to the exigency of the public affairs; and a Council of Safety, with other temporary bodies, actually dicharged the functions of the State. See Journals of Congres 10th and 14th May, 1776. 4th of June, 1776. 16th June, 1776. 24th do. and July 14th.

In conequence of the declaration of independence, however, a General Convention aembled at Philadelphia on the 15th July, 1776; and on the 28th of September following, agreed to that ocial compact under which the people of this State are now united. It appears that a quorum of the legilative body, created by the contitution thus