R k LE 1G i ., North-1 art r the plan, of faiT delightful peace, Unwarp'd by J't? '"Be, tli like brother. No 302 1 :tf B ,:i-R- ? IS Til Jt, Carolina State Gazette ; ... t . , , '"" 1 ; Monday, JtTLT 8, 1805. . I PENNSYLVANIA POLITICS (Continued from out last.) r. --.J- Ur!hva-Cltiztni, .the'evidence vuic vu -.--n . ...v i. .' -test of the public i terest-on the important subjects ' l. vfiitrnn ? A the lasi L..&n W General Assembly J tn r lose, the ultimate Sot, to subvert the . Constitution of tne oiaicj " --- -,.,t;n and measures were, aa- r . tOfdinclV taken, to obtain signatures to Petition, lor tne can m tion. Bttt this Petition (and wt ap Deal to the inhabitants of every Cpun f c ..nr.Hrtmtion of the fact Co. a rnrrhboratlOn Ol U1C M-t, did not orieinate with the People, bold prt- isem- Con- pur the ie, to -i u.v wnrdi or aeea Mi vuwi3". ' has any individual been yet -.,rrh. to avow himself the sumptuous author. Issuing, howfcver, r. Rrrret Tribunal of the mal contents, it was clandestinely and partially circulated, in the remote districts" of Cumberland, Washing-t7.TA-r.n isrnrthumberldttd, and "rvr-.JFn-.n ,wh"iie in the eity, and tne ;'5-li: frvt confidential per sons, untU .the puuncauouuij.w.. list, in a Newspaper FhladelphJa;--madft u full Jist6- 5,n iiiUed Community. The oo jeet being merely to catch the hbnri of a nosular t iah for a vention, and tbe suare, tor tha pose being thus artfully set rarnntputs seemed, fbr a whl be devoid of every ap prehension of a defaat, and openly maCe arrp-e-mentsfor the enjoyment cf a victory. In the House of Rcprcsentat'iTes, a iGrand CommitUe was appointed to receive the solicited Petitions. Ifefcre a single Petition was prese'nteflv le gislative business of great mdruent (particularly a Bi respecting conlempts of CaurH was laid aside, under the declaratio of a leading character, that 44 thp ap nroachine Convention, superceded norWairv rrartinr iThOn it.'l The correspondence of the members, in favor of a conrenuon, mvitdl sup port from their Fiends : evidently contemnlatin an immediate call ; and forgetting, that their acred trust was conferred, to preserve, nt rttm. the Csnstitution : While W WWW"-y 7 I the correspondence of their joppo hents, anxiously claimed an ekpres sion ofthe sense of their Constituents, to avert the danger of mi immediate dissolution of the Government. I ne Preks, likewise, prematurely consi dered the event as realized ; for, there, the time of asscmblirg the Convention was actually referred to the month ef August ; the -place of meeting was designated at ilarris burg; nd Merchants -and La.svyew men of education and men of wealth, were indiscriminately excluded from the honors ofthe sitting. But these v.sions of disturbed and sickly imaginations, wcrs silddenly disnelled. Our Fellow-Citiiens of every "political description, feeljng, j at length the necessity of a prompt interposition, hastened to ralltr round J -the Constitution, as the ark of their common safety : and nor tiie mal conienU beheld, with terror and dis may, the People, whose nam." they bid craftily assumed, and whose in dignation they had justly elicited, ri- siug in the native -majesty, o t.ieir power, and their virtue, to vindicate the dominion of the laws. In the course of a few davs, by a neous subscription, the li-t o trants considerwhlv exceeded sponta rem on istiious. id r.yi dare, xa&tr siuh -. i; list of names, which h id b lected, durine a loner, ind nrl sprrpt rir rulation ofthe Petition and when the Report of the Grand Csmmiuee was discussed, the com parative numbers were 44944 Peti tioners, and 559a RemonstrWs, ex liibiling; to the actual view of the Le pyislati, a majority of 646 against in. can oi mt wivcuuun nmcir j-f dent ol thousands, who c-auia liot transmit their Remonstrances to the S2at of .Government, beforo the tt:r jnination of the Session, 'f Though tha Malcontents ijad them-selVi-S, .-appealed to the Community ; thougKthsy had loudly dtprecatcd every apecies of resistance to the Mvitf a majority ; and ibtiii tncy liheir own responsibility, or under the authoritative name ol tne rcomc, hv rnuld not natientlv acdui- l esciB a result, soiataito meir 1 cn,l snM TiOUtlCai bpetuiAiiyn. Th reccht expressions ot the public I sentiment, could not be revoit.u ...TMWW d : but tnev invugi4 mieht bS?cVaclea. 1 ne ricciiit Vr.nevlvania were. It IS U UC, ,cMj .w6 ? ' . l f librtv. comDe'ence, ana some a J J but, it was thought, tn.ey uvi, u fa,,r,r,t tn -believe, tht they were oppressed, indigent, and wretched. The People ot rennsyivannuiu .. wish to alter their uovernmcut, . - ir-fit to themselves; but it was thought, that they might be induced to alter it, as a favor to their Iritis. The srratitudc, as well as the policy 1 of the State, forbad the- degraaapon but. ltvas 01 ner vuici ami-v. , - j H.ht. thHt the inconstancy mm credulity of human nature, wuld r 1. :nri,.,:mentn'n nr.f.omDiISh It. To these, and similaruggcsttpns nan alone be ascribed the extraqrdt ..,rv0.tmHc. whir.n succeed tne uaiv iijv.w"i . filiirof the Droiect, for an lmiedi . .,11 tUf P.nnven'ion. The HLC I. UU vw same principle, that commands obe "diehce to the sovereignty of the 1 eo- ple, must always ensure to, in wards the depositaries of their autho rity : but, we can no more regard a few members ofthe Legislature, as .K. t -rv4siot,ir itsflf. than we can n-orvl , f-w malcoriteiHs, as! the body ofthe nation- We saw, there fore, with regret, but we repeat vjath- out apprehension, that cen some men, who were Oe legislative 110- t-v. arjoeared!,. at lhat time, to undertake the direction af the revolutionary engine. 1 h? House of Representatives, too, un der their influence, atsumcd a tone of supcTiority ; and, eventually, (mo nopolized the legislative character of the state, for, the memorials recom mending, as weir opposing the call of a convention, wer addressed to both branches of the General As sembly fto the Senate, as well s to the House of Representatives) but the House of Representatives, alone, received and considered, approveo.. or cbndemed : denying to the Senate all information UDon the subject, ane! all participation in the decision. In this paroxism of revolutionary seal, the report of the grand committee was produced, bearing ind'cUble narks of the disappointment and chlagrin of its authors; Contrary to thfc ap proved maxims of Republican legis lation, and in contempt ofthe ejxcl'u sive right of the People, -to originate rverv clumsre in their eovernment ; the report controverts and demies the sentiments of the maionty!: ap plauds aad enforces the sentiments ofthe minority; propounds abstract principles, which no honest; man 'wili dispute, draws practical con clusions which no wis man can admit ; repudiates the constjtution for sunnositious abuses, or imaginary defects: and, finaliyf solicits .the a-o-fTirv of a convention, to organize a political Millennium, upon the ideal scale of human perfectibility ! j But here, let us "pause for iwh'de, to recapitulate the various pretexts, which have been used,, as a cover for the real designs of the Kjlalcon lents ; and as an excuse, for the un nr.thorised interposition of a majority, of one ofthe Legislative Chambers. 1. It hns been said, in general terms of repiobation, that t ie con stitution is defective : but as ii; would be idle to expect a perfect worc, from the hands of imperfect man ; the re- the mark carries with ltneitner censure, col- I nor information. It may certainty I be applied to every other fornli ol go i'vernment. tast, or present, land we shall only indulge a pernicioti vahi-i tv, if we suppose, that u wu no: uc constitutipn of Pennsylvania esta blish the right of universal suffrage, declares every freeman eligible to every office, and reserves lor the people;, themselves, the appointment of their chief magistrate, ft embra ces, likewise, every -principle of li berty, every security for life, reputa tidn; and property, evevy means of knowledge by 'the, freedom ofthe Press, and everv g-uard against the enMofxhments of delegated power upn papular rights, or co-ordinate departments, which U)e wisest states man could devise, apd the most anxious patriots couldrdesire. Still the constitution of Pennsylvania trf&r be defective : but are the defects such as demand the corrective f a.'Conven tion ? Have thev eenerated calamity - oppression, or disorder Is there a eoincidence of opinion on the points of defect or the modes of reparation?) And do we not incur the risque ot losing a constitution, positively good for the mere chance of obtaining a constitution, hypotheticaily better I , Ihe formation of every social com pact, depends upon mutual deference, and conciliatory sacrifices of indivi dual opinion. No system bf govern ment was ever approved, in all its parts, by those who framed, or by those who adopted it. And wc ven ture to ami rn, that, no new system f government, no scheme of modi fication, or amendment, will ever- unite so great a portion ol public sentiment and attachment in its favor as arc united in favor of the Constitu tion, under which the people of Penn sylvania now live and flourish. ft':c rxDressicns ofiealousv and alarm,! that the delegated powers of the con ttitution, may be perverted andt abu sed ; but this,' also, is a reuftark so ge nerjtl, (embracing 4ualiy the legis lative, the execut ye. and judicial, Dower) that it strxfces at tne very ex- have forgotten, or cdncealed, that '1 of the Snpreme Court, a c6n such things enter not into the com- stitutiohal power, to xum$i contc?nfit.s position of the common law of Penn- of Cturt, by the summary process svlvania. for the constitution tolerates ot attaenmentr ior will we even o'ely that portisn of the common law state the essential distinction, be vonr RncpstoVs voluntarily brought 1 tWeen a wilful violation of the Con v- - 4 II.'-- with them to th - wilderness, as ; a 11 ititution, which tbuld alone be Cfimi- birt-h-vight ; and which the Patriots ; nal, and an honest error in judgment ofthe Revolution bestowed upon us, ; whieh cannot be imputable,r punish- ua rimrtpr nf nnvi pee and bene-lied, unon impeaenment as a crime. ma ct iiui i.v- a 1 a . volence. , Let us not, therefore, be These might be proper grounds of hv the mere similitude of mes; f.vcry nation nas its tpm- ceived nam mon Law. The Cdntmon Law of every nation, is the accumulated wis dom of its bist men, thr ugh a suc cession of ages, settled into known rules, maxima, and precedents. The Common Law of England, stripped of its feudal trappings, is the admi ration ofthe world. The Common Law of Pennsylvania, is the common law of England, as -stripped of 'Us feudal trappings; as originally sui ted to a colonial condition ; as modi fied bt Acts of the General Assem bly; and as purified by the princi ples ot the L onstitution. ror me varying exigencies of social life, for the complicated interests of an enter prizing natian,the positive acts of tha Legislature can provide little ; and, independent f the Common Law, rights would remain fortVcr without j equally applicable to every cu install future effort of human invention. - Jiut the Constitution of Pennsylvania was constructed on the model of the con stitution of-the United Stales, and ha itself -become a model for the of several f obr sister VWli'All-wi- - - states. Its basis and its superstruc ture arc, however, pre-eminently democratic ; for, while other consti tutions exact the qualification of pro perty from electors, as well as can didates, and transfer the choice ot a governor, from the people to a de partment of th government:- me tstenceof civil government. In truth, the use cf power is esser'tial to the order and peace t Society ; and tne hazard of its being abused, must, therefore, be encountered. But eve ry well regulated system, while it confcrspowcr, exacts responsibility i and no government can, consistently with the other important objects apd operations of its institution, he more efficient in this respect than the go vernment of Pennsylvania. ,. Thus, the members of the House of Repre sentatives must annually account to their constituent's. I he Senate an nually sends one fourth of its mem bers, in regular rotation, to the or deal of an election. The Executive Magistrate undergoes a triennial in vestigation of his conduct, at tne oar, ofthe people nor ran he enjoy tfce! favors of popularity, beyond a limned periodi. The Judges are constantly subject te the censorial power ot im peachment, and to Legislative Ad dresses for their removal : while the subordinate officers of t.e state are amenable to the Governor ar;d (in common with himself and the Jud ges) may be impeached and dismis ed. for mtsconaUct in orhwC. it with tuch precautions, there is not safety in the delegation of power, to what substitutes can wc more confi dently resort ? Let it not he answer-, ed, to the direct and constant agency ofthe people ; for, that is impracti cable. Let it not be answered, to the exclusive authority ofthe Legislative Atrents of .the People ; for we know that fLeeislativc agents, may feel poce arid forget right, as well as j Executive and JudiciaAtiviagistrates. But, rather let us bow with reverence to the decrees of Providence, vh"s mingling with all its bounties toman- 1 kind, a portion of bitterness and 5. 'it-has been said, in -terms ot " ranny, and violated .the Consti indication and disgust, tbi$econ- " taon and laws of the State ;" s stituuort tolerates the comrhoii Law ; j.nA U. thf-mforf. inconsistent with true liberty, and genuine republican ism. On no occasion has tjie defa mation ofthe Malcontents betrayed more ignorance, or more wickedness that in the attempt to ; despoil this venerable Code of ' tbefgffectipns and confidence of the People. In depict ing the caramon Law, they have ran sacked the cells of Monks ; they have pillaged the lumber of Colleges : they have revived the follies of a super stitious age ; and they have brandish ed lht rigours ot a military despotism: j but, in all this rage of research, they ' remedies, and wrongs without re dress, The law of nation"?, "the law of merchants, the customs and usa ges of trade, and even the law of er very foreign country, in relation to transitory contracts, originating there but nrosecutcd here, are parts of the ! Common 'Law of Pennsylvania- If is the Common Law, generally speaking, not an act of Assembly, thsft assures the title,; and the pos session, of your Farms and your Houses : that protects yur persons, j youfl liberty, your reputation, from vioietrCe ; that delm-es ana pununes bnenties ; that regulates the trial by iuryf and(ih a word comprehend- nr all its attributes) that gives cm- cacy to the fundamental principles of "the Constitution. If such are the nature and the uses af the Common Law, i it politic, or would it be practicable, te aban don it ? Simply because it origina ted in Europe, cannot afford abetter rison to cbandon it, than to re nounce the English and th German languages ; or to abolisa the institu tions of property and marriage, of education and religion ; since they too, were derived from the more an cient civih-d nations of the world. Messrs, Jefferson, Wythe, and Pen dleton declared, in reference to a revision of the code of irg:ni (lor all our sister states have adopted the Common Law of England, differing only in the decree and the manner ofthe adoption) that "the Common " Law of England, by which is ' meant that pa.-t ofthe English Law, it ..'.'if-l'i Km. ontr'n-r' fn thp rl;it of the oldest statutes extant, is " made the basis of the work. It " was thought dangerous to attempt '! tn fpfinrf it ' to a text: it was " therefore left to be collected from " the usual monuments of it." (Notes on Virginia, p. 268.) How : chimerical, then, must be the pro jret of calling a Convention, to reduce the Common Law, not to a statutory detail, but to a constitutianal text I How sunerP.uons the trouble, and the expence, since the Legislature itself already paSaesses a competent au thority to reform every abus-s, to remedy every defect, and to rontroul ! every .operatiouj, of the Common Law I 4. It has been said, that the judges M under colour of the Common Law have exercised he most daring ty- tir and hehce the necessity ot a vonyentian has also been inferred. This asser tion appears under ihe signature of Mr. Steele, the President ot tb Senate. It involves eleven, of his fellow Senators (Republicans of in flexible political and. perianal integri ty) m the imputation ot perjury, for voting in favour of the impeach ed Judtres : and it charges thoe Judges wit,h a crime, for which they had been fairly tried ; and of. which, they had been lawfully acquitted. Rut we will not enter mto- discifs sion of t!ie question, to wHih th 'xharsre defers, tvhstjsf tK Judses well as the 'decency of Me. Steele's publication ; but in the abstract en quiry, whether the conduct of the Judges, furnishes an adeauate cause forcallin? a Convention, it is suffi cient toObsTBfVfi: that if Contempts 9i to!uii oyriu no longer to oe punishld by attachment, the Legis- i nrix7 Kv tVie-ii rxsrr antVirttitir, modify, or abolish, the process, without any additional sanction Voni a Constituent Assembly : And, - w presume, that . the Malaontcnts will not avow the deeign to render a bara. majority at the enate, compe- eftl to a conviction on impeachment ; est it should be seen, that the una nimity of a Jurj-, in other criminal prosecutions, is, also, obnoxious to their views, and equally the object of revolutionary reform'. 5. It aas teesaid, t hut tne con stitutional nower of "appointment to office, bestaws on the executive th means of acaulrifts a dantrerous in- fluence; an'dtr,that the constitutional negative bf tnGovernor, upon legis- tative propositions, nas oeen employe td to retard the progress of political improvement But the power of ap- nsintment to ofhee, can onlv nroducfe a - 4 -j" a dangerous influence, where those who enjoy it, may b served by gra titude, yet cannot be injured by re sentment, in a ireo- Kepuolican Government, the powcr ol appoint ment to office can never be made a dangerous instrument of ipersonai ambition ; since those who exercis it, uto s's dependant upon the candl- ; dates whom they reject, as tipoft the candidates, whoni they accept ; and the number and activity of the for mer, will forever exceed the number and activity bf the latt cr. The trans actions 'of the day, evince the truth of this political position'. The cla mour of discontent is loud and viru lent, against the present distribution of offices -, and an exercise of tha power of appeintment, in opposition to particular interests, has, obviously furnished a signature for invective, and a certificate lor imposture. But when it is said, that tha Executive ought to be deprived of this power, we should, likewise, ba told, where it can more safely, mora usefully, be deposited. The' secret has sot, v yet been divulged : but, Fellow-Cifi-' zens, beware: There is not,-nuv; honest politician, who, hearing the ',. cabals of elections for Federal Sena- " ' tors, for State Treasurer, for Bank Directorswill readily consent to en danger the purity of the Legislativte character, by enlarging the sphere of its patronage, in the appointment to cuce. Nor can the qualified negative up on legislative proceedings, however beneficial to the public, advance thr popularity, or influence, oftne Chief Magistrate. It is a power wisely created, as an additional security, i- .-l r . n ... ior inc presci vaunu oi tne constitu tion, from the encroachments of a Popular Assembly, whose numbers serve, at once, to abate cnution, and to aimimsn responsiOility-, for the protection ofthe coordinate depart ments of Prc.vrrnrtnt. from !. jsorbrng terKlencies of legislative au- ill . . . t iiioruy ; ana lor tne Prevention rl i suddden and dangerous innovations upon the laws and habitspfthe com munity. For alt theseirposes, yoa have ' seen a firm and honourable in terposition of the power, during the Dresent administration : ht 1 . 1 WW. JUll havc'also. seen, that (raising a host, in oppoaiuon 10 an incividu?il) no caspect ior mo power, as vested by thecirtitiition j no deference for . the claims of consci?nc, as involved in exercising it ; hp consideration of I'tiswi Hi-uui anci: vrortliv as uua ta tire 1 Mngistrate himself;. nor any sense f decorum, as tsispired hyliH censtkuenis; could deter the MaU contents from resorting to this ground as the strotig hold of their or.ra. tionsf asrrunst the oflieial reputation uic vvvfiutf,, iDeasKeq, ! tio Ik if t4i l f