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nroachine Convention, superceded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
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if
t4i
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