Gazette of the United-States. (New-York [N.Y.]) 1789-1793, May 27, 1789, Page 52, Image 4

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    letter.
The RIGHT GOVERNMENT of a COMMON
• WEALTH EXAMINED.
{Continuedfroth our la]}.']
larchamont Nedham lays it down as a funda
mental principle, and an undeniable rule, " that
...e people, that is, Inch as ihall be fucceflivcly
" chosen to represent the people, are the belt
keepers 01 their own liberties, and that for
many reaions : firfl, because they never think
" of ufarping over other men's rights, but mind
" which way to preserve their own."
Our fir ft attention fliould be turned to the pro
polition irfelf, " The people art the belt keepers
" oi their own liberties." But who are the peo
pie ? '• Such as fiiall be fbcceUively chosen to re
" prefcnt them."_ Here is a confufion both of
words and ideas, which, though it may pals with
the generality of readers in a fugitive pamphlet,
or witlj a majority of auditors in a popular ha
rangue, ought, for that very reason, to be as
carefully avoided in politics as it is inphilofophy
or mathematics. If by the people is meant the
whole body of a great nation, it fliould never be
forgotten, that they can never atfl, consult or rea
son together, because they cannot march five
hundred miles, nor spare the'time, nor find a space
so meet; and therefore the propofitio'n, that they
are the bell keepers of their own liberties, is not
true. They are the worlt conceivable ; they arc
no keepeis at all: fh?y can neither aift, judge,
think, or will, as a body politic or corporation.-
If by the people is meant all the inhabitants of
a ftngle city, they are not in a-general afleniljjy,
at all times, the belt keepers of their own liber
ties, norperhaps at any time, ur.lefs you i'epa
rate ii oin them the executive and judicial power,
and temper their authority in legiilation with the
mature councils of tWe oue and the few. If it is
meant by the people, as our author explains him
felf, a representative a'dlmbly, " fueh as shall be
" successively chosen to represent the people,"
they are not Hill the best keepers of the people's
liberties, or their own, if ypu give them all the
power, legislative, executive, an [judicial: they
Would invade the liberties of the people, at lealt
the majority of them would invade the liberties
of the minority, sooner and ofceiier than an ab
solute monarchy, such as that of France, Spain,
or Ruflia, or than a well checked
like Venice, Bern, or Holland. An excellent
writer has laid, somewhat incautioully, that" a
".people wili never oppress themlel vesj or invade
<< their own rights." This compliment, if ap
plied to human nature, or to mankind, or to any
nation or people in being or in memory, is more
than has been merited. If it should be'admitted,
that a people will not unanimously agree to op
press thejnfcvfs, it is as much as is ever, and
more than is always, true. All kinds of experi
ence shew, that greater numbers of individuals
do oppress great lumbers of other individuals;
that pdrtie-; often, if not always, oppress other
parties ; and majorities almost universally mino
rities. All that this observation can mean then,
consistently with any colour of fact, is, that the
people will never unanimously agree to oppress
themselves: but if one parry agrees to oppress
another, or the majority the minority, the peo
pie still opprels tliemfelvcs, for one part of them
opprfcfc another.—" The people never think of
" ufarping over other men's rights." What can
this mekn ? l!>oes it mean that the people never
itn'anitmu'ilv think of usurping over other men's,
rights ? l'liis would be trifling, for there would,
by the supposition, be no other men's rights to
"ttfurp. But if the people never jointly, nor fe
derally, think of usurping the rights of others,
■what occafton can there be for any government at
:rll ? Are there no robberies, burglaries, murders,
adulteries, thefts, norpheats? Is not every crime
an usurpation over other men's rights ? Is not a
great part, I will not fay the greatest part, of
men detected every day in some difpolition or
other, stronger or weaker, moreorlefs, toufurp
over other men's rights ? There are some few,
indeed, whose V/hole lives and conventions (how,
that in every thought, word, and action, they
confcientiouily re fpecl the rights of others : there
lis a larger body still, who, in the general tenor
of thoughts and actions, dil'cover similar
principles and feelings, yet frequently err. If
we fliould extend our candour so far as to own
that the majority of men are generally under the
• dominion of benevolence aud good intentions,
yet it must be confefled that a valt majority fre
quently transgress; and, what is more diretftlv
to the point, not only a majority, butalmoftall,
confine their benevolence to their families, rela
fions, personal friends, parish, village, city,
county, province, and that very few indeed ex
rend it impartially to the whole community,
Now g ant but this truth, and the quqftion is
decided : If a majority are capable of preferring
tneir own private interest, or that of their fami
lies, counties, and part;, to. that.of the nation
fouie provision niuft be made in the
constitution, in favour of justice, to compel all
to rcfpec'i the common right, the public good,
the universal law, jji preference .to all private
and partial considerations.
The proposition of our author then fhouhl be
reversed, and it ihould have been said, that they
mind so much their own, that they never think
enough of others. Suppose a nation, rich and
poor, high and low, ten millions in number, all
afleinbled together; not more than one cr two
millions will have lands, houses, or any personal
property : If we take into the account the women
and children, or even if we leave thein out of the
quefHon, a great majority of every nation is
wholly destitute of property, except a small quan
tify of clothes, and a few trifles of other move
ables. Would Mr. Nedham be rejfponfible that,
if all were to be decided by a vote of the majority,
the eight or nine millions who have no property,
would not think of usurping over the rights of
the one or two millions who have ? Property is
surely a right of mankind as really as liberty.
Perhaps, at firft, prejudice,habit, fhanie, or fear,
principle or religion, would restrain the poor from
attacking the rich, and the idle from usurping on
the industrious ; but the time would not be long
before courage and enterprize would come, and
pretexts be invented by degrees, to countenance
the majority in dividing all he property amono
them, oral least i.i fhaiing it equally with its pre
sent pofiellors. Debts would be abolished firft;
ta\es laid heavy on the rich, and not at all on the
others ; and at lad a downright equal division of
every thing be demanded, and voted. What
would be the confeqnence of this ? The idle, the
vicious, the intemperate, would rush into the
ut iii oft extravagance of debauchery, fell and spend
all theirfljare, and then demand a new division of
tliofe who purchased from them. The moment
the i lea : s admitted into society, that property is
not as sacred as the laws of God, and that there is
not a force of law and public justice to protect it,
anarfhj- and tyranny commence. If " Thou
'• SHALT NOT COVET," and " I Hot? SHALT NOT
" steal." were not commandments of Heaven,
the) must be made inviolable precepts in every
society before it can b? civilized or made free.
If the firft part of the proposition, viz. thai "the
" pc oj : never think of usurping over other
" men's lights,' cannot be admitted, is the se
cond, viz. that " they mind which way to pre
" serve their own," better founded ? There is
in every nation and people under Heaven a large
proportion of persons who take no rational and
prudent precautions to preserve what they have,
much left to acquire more. Indolence is the
natural character of man to such a degree, that
nothing bur the necefljties of hunger, thirst, and
other wants equally pressing, can him
to action, until education is introduced in civi
lized societies, and the strongest motives of ambi
tion to ejccel in arts, trades, and profeflions,
are established in the minds of all men : Until this
emulation is introduced, the lazy savage holds
property in too little eftitnation to
trouble for the preservation or acquisition of ir.
In societies the most cultivated and polished,
vanity, fafliion, and folly, prevail over every
thought of ways to preserve their own: They
seem rather chiefly to study what means of'luxury,
dissipation and extravagance, they can invent to
get rid of it. " Tire cafe is far otlierwife among
" Kings and grandees," fays our author, "as all
" nations in the world have felt to some purpose
that is, in other words, Kings and grandees think
of usurping over other ihen's rights, but do not
mnid w: ich way to" preserve their own. It is
very easy to flatter the deinocratical portion of
society, by making such distinctions between them
and the monarchical and ariftocratical; but flat
tery is as base an artifice, and as pernicious a vice,
when offered to the people; as when given to the
oihers. There is no reason to believe the one much
honefter or wiser than the other ; they are all of
the fame clay, their minds and bodies are alike.
The two latter have more knowledge and sagacity
derived from education, and more advantages for
acqui ing wisdom and virtue. As to usurping
others rights, they are all three equally o- u ilty
when unlimited in power: No wife man wiTl trust
either with an opportunity ; and every judicious
legillator will let all three to watch and controul
each oilier. We may appeal to every page of
hiltory we have hitherto turned over, for woofs
irrefragable, that the people,when they have been
unchecked, have been as unjust, tyrannical, bru
fal.barbarous, and cruel, as any King or Senate
poliefled of uncontronlable power : The majority
has eternally, and without one exception, usurped
over the rights of tlieroinority. '" They naturally
" move," fays Nedham, " within the circle of
" domination, as in their proper centre." When
writerson legislation have recourse to poetry thei.
images may be beautiful, butthey prove nothing
1 his however, has neither the merit of a brilliant
figure, nor of a convincing argument: The popu
lace, the rabble, the canaille, move as naturally
in the circle of domination, whenever they dare,
as the Nobles or a King; nay, although it may
give pain, truth and experience force us to add
that even the middling people, wlien unfcontroul
ed, have moved in the fame circle, and have not
only tyrannized over all above and all below but
the majority among themfelvcs lias tyrannized
over the minority. " Aiid count it no leiis fecn
" rity than wisdom and policy, to brave it ov e .
" rhc people." Declamatory fjourilhes, although
they may fnrnilh a mob with watch-words, afford
no reasonable convitftion to the nnderftanding.
What is meant by braving it > In the liilkory of
Holland you will Tee the people braving it ever
the De Witts and in that of Florence', Siena,
Bologna, Piltoia, and the reft, over many others!
" Csefar, Crailus, and another, made a contract
with each other, that nothing ihould be done
" without the concurrence of all three; Spa it a-,
" tern intert y uequid agerttur in rtpub/ica, quad dij.
" ulti y e tribus." Nedham could not have
felecfted a less fortunate example for his purpose
since there never was a more arrant creature ci'
the people than Carfar ; 110, not even C atilline
Wat Tyler, Maffianello, or Shafe. Th> people
created Csfar on the ruins of the Senate, 2nd oil
purpose to usurp over the rights of others. Ll;
this example, among innumerable others, is \*ry
ajipofite for our purpose. >•
(To be continued-)
MISCELLANEOUS.
[London.'] It is thought that Dr. Wiliis will
not retire from town, as it is expected there may
be great occasion for his abilities for the relief oV
several members of the opposition, whole. heads
are not strong enough to bear the lhock caui'ed
by a late recovery.
of French forces are eXpet'ctd to
march into Flanders, orders having been received
at Bruxelles to prepare barrativs lor them ; they
are to poflefs.tliemielves of
and Nieuport.
The Speaker applied to Sir Joshua to have
his portrait drawn, adorned with the official robes,
but exprefled his fears at the difficulty whiehmult
arise in doing proper justice to the win r-Sir
Joshua replied, "be not alarmed, Mr. Grenville,
for I afl'ure you there is nothing in that!"
Ihe Fate or Genius.—Many a wife head,
and many a worthy heart, are doomed to ache
with the preftiire of human fufferings, living in
misery, and dying in obfeuritv and want, while
the duller worms of mortality fatten on the nar
row ol prosperity, living to tlienifelves alone,
with minds incapable of expanding, and forbid
den by fordid principles to do good and benefit
mankind.—The following short, but ir.elancholly
lift, proves the juftnels of a remark which wounds
sensibility :
Plautus turned a mill '; Terence was a Cave;
Boethius died in a gaol; Paolo Borghere had 14
different trades, yet starved with them all; Taf
fo was often diftrefled for five shillings; Benti
voglio was refufed admilfion into an hospital he
had himfelf erec r ted ; Cervantes died of hunger ;
Camoens ended his days in an alms-lioufe; and
\'angelus left his body to the surgeons, to pay
his debts, as far as it would go !
[ Pittjburgy Penn. May 2. J Died on the 2?th nit.
1 homas Hutchins, Esq. formerly a Captain
in the Britilh army, and late Geographer Ge
neral to the United States. Hisillnefs had been
of i'orae months continuance. It was not such as
to give him great pain, being a gradual failingof
the nerves, and analmoft ihfennble waste of the
constitution. He was in a country where he had
been early known, and to which he had a parti
cular attachment; in the house of his particular
friend, John Ormfbv. He wr^- daily visited dur
ing liis indisposition by thu» this place, and by
gentlemen occasionally resident or palling through
irom different parts of the continent. His fune
ral was attended by a considerable concourse of
people, and the service read at his obfequi'es, by
■ lr. Heckenwelder, a Moravian clergyman, acci
dentally present, and who had long known the
deceased.
His merit is well known; a man greatly ami
able ; and integrity his predominant quality.—
1 Ie gave a proof of this which few have it in their
power to give, viz. relinquifliing his commission,
worth 15001. for the fake of America, his native
country, and lying some time in irons before he
was able to make his efeape from the dungeon in
England.
His map early laid the foundation of American
and his services since his appoint
ment under the United States, have been uriver
fally acknowledged.
He has measured much earth, but a small space
now contains him.
By a gentleman who arrived here a few days ago from S:in
lufky, we are informed, that news was brought there before he
left it, of five paities of Indians, of different tribes, preparingto
<*o to war; it is said they intend for the frontiers of Kentucky
and the Ohio, to watch for beats coming down that river. Th' s
nforrtiation, we hope, will shew the necefTity to tliofe goinj
down the river, of being well prepared, as much danger is un
doubtedly to be apprehended.
(ts Completefeltsfrom the beginning, cf the GAZETTE Of I
[JA IT ED 'il.il ES, may at any time be obtained by thvfe ivhochujito
fu'-f.nlefor that pulslicaiwh, at'he. EdttofsOJicc, No. 9, Mutien-Lar.t.
Published by JOHN FENNO, No. 9, Maide*"-
Lan i., near tfce Os wecp-Markit, Niw-Yos k.