The RIGHT CONSTITUTION of a COMMON WEALTH EXAMINED. [Continued from our IT was by flattery,bribery,artifice,and violence, that Marius andApuleius prevailed with the peo ple to continue tlieir power, in opposition to all that the senate could do to prevent it. Wliat Mould have been the consequence then if there had been no senate ? Would not the majority of the people in the tribes have continued their power, againit all that could have been done by the minority ? Would not ftillmore of the pub lic lands, money, and grain, have been laviihed npon proper inftruinents among the majority, and the minority have been compelled to pay the ex pence ? Our author affects to fay, that the " fe " l-.ate and people continued the power of Pom* " pey and Cxfar." But Ctefar himielf knew it was the people, and notthe senate ; and if the senate continued Pompey,it was because Ctefar and the people laid them under the necessity of doing it in their own defence. Would Csefar have had lels " command in Gallia," if the people, or their successive assemblies, had been poifeffed of all power ? It is molt obvious, that a majority of the people, in that cafe, would have continued Caelar as long as he desired, and have given him a-; much power as he wilhed : so that every Hep of our author's progress demonllrates his fyftein tobefalfe. It is idle to fay, that a continuation of power increases influence, and spreads cor ruption, unless you point out a way to prevent such a continuation of power. To give all power to the people's successive single representative as semblies, is to make the continuance of power, •with all its increasing influence and corruption, certain and inevitable. You may as wifely preach to the winds, as gravely exhort a triumphant majority to lay down their power. It is undoubtedly honorable in any man, who has acquired a great influence, unbounded confi dence, and unlimited power, to resign it volunta rily ; and odious to take advantage of such an opportunity to destroy a free government : but it would be madness in a legislator to frame his policy upon a supposition that such magnanimity would often appear. It is hisbufinefs to contrive his plan in such a manner, that such unlimited influence, confidence, and power, lhall never be obtained by any man. The laws alone can be rruftedwith unlimited confidence :—Tliofe laws, which alone can secure equity between all and every one * ; which are the bond of that dignity which we enjoy in the commonwealth ; the foun dation of liberty, and the foundation of equity ; the mind, the foul, the counsel, and judgment of the city ; whose ministers are the magistrates, whose interpreters the judges,whofe servants are all men who mean to be fieef: —Those laws, which are right reason, derived from the Divini ty,commanding lionefty,and forbidding iniquity; which are silent magiltrates, where the magis trates are only speaking laws ; which,as they are fotmded in eternal morals, are emanations of the Divine mind:f. If, the life of liberty, and the only remedy " against felf-intereft, lies in lucceffion of powers " and persons," the United States of America have taken the molt effectual measures to secure that life and that remedy, in establishing annual elections of their governors, senators, and repre sentatives. This will probably be allowed to be as perfect aneftablifhmentof afucceflion of pow ers and persons as human laws can make : but in what manner annual elec'tions of governors and senators will operate remains to be ascertained. It should always be remembered, that this is not the fii-ft experiment that was ever made in the world of elections to great offices of state : how they have hitherto operated in every great nation, and what has been their end, is very well known. Mankind have univerf.illy difcoveredthat chance was preferable to a corrupt choice, and have trufl ed providence rather than themfeives. Firlt ma giltrates and Senators had better be made here ditary at once, than that the people should be uni versally debauched and bribed,go to loggerheads, and fly to arms regularly every year. Thank Heaven ! Americans underftancl calling conven tions ; and if the time should come, as it is Very poiiible it may, when hereditary descent shall be come a less evil than annual fraud and violence, iucli a convention may still prevent the firlt ma gistrate from becoming absolute as well as here ditary.— 15ut if this argument of our author is considered as he intended it, as a proof that a fucceflion of powers and persons in one aflembiy is the most perfect commonwealth, it is totally fallacious. * Quod <equabile inter omncs atqueunum, omnibus efTc protest. Cic. p. Cstcin. t Hoc vinculum eft hujus dignitatis qua fruimtr in republica, hoc fundamentum libertatis, his tons acquitatis. Mens, et animus, et confiliirm, et fententia civitatis, pofita eft in legibus. Ut corpo ra noftraiine mente, ficcivitas fine lege fuis partibus, ut nervis ac sanguine et menfbris, uti non poteft. Legum minifti i,magiflratus : legum interpreter }udices : legum denique idcirco omn u fervi lumus, ut lib-eri effe polTimus. Cic. pro Clucnt. 146. J Lex nihil aliucl ell nisi retta, ft a numine Deorumtra&a ratio, imperans hoiiefta, prohibens contraria. Cic. ii. in Anton, 28. Ilia Divirra mens fumma lex eft, DcLeg. ii. I{. legem cife loquendem, legem magilfratuin mutum. Dc Leg iii. 2. Though Ave allow benevolence ancl generous affections to exilt in the human brealt, yet every moral rlieorilt will allow the felfifli palfions in the generality of men to be the strongest. There are few who love the public better than them selves, though all may have foine affection for the public. We are not, indeed, commanded to love our neighbour better than ourselves. Self-in tereft, private avidity, ambition, and avarice, will exilt in every state of society, and under every form of government. A fuccellion of powers and persons, by frequent elections,will not lellen tliefe passions in any cafe, in a governor, senator, or re presentative ; nor will the apprehension of an ap proaching election restrain them from indulgence if they have the power. The only remedy is to take away the power, by controuling the felfifh avidity of the governor, by the senate and house ; of the senate, by the governor and house ; and of the house, by the governor and senate. Of all pollible forms of government, a sovereignty in one aHembly, fuccelTively chosen by the people, is perhaps thebeft calculated to facilitate the gra tification of felf-love, and the pursuit of the pri vate intereftof a few individuals ; a few eminent conspicuous characters will be continued in their feats in the sovereign aflembly, from one election to another, whatever changes are made in the feats around them ; by superior art, addrels, and opulence, by more splendid birth, reputations, and connections, they will be able to intrigue with the people and their leaders out of doors, until they worm out most of their oppofcrs, and introduce their friends : to this end they will bellow all offices, contracts, privileges in com merce, and other emoluments, 011 the latter and their connexions, and throw every vexation and disappointment in the way of the former, until they eftablilh such a fyftein of hopes and fears throughout the state as shall enable them to carry a majority in every frefh eledtion of the house. The judges will be appointed by thein and their party, and of consequence will be obsequious enouglito their inclinations. The whole judicial authority, as well as the executive, will be em ployed, perverted, and prostituted to the purpo ses of electioneering. No justice will be attain able, nor will innocence or virtue be fafe, in the judicial courts, but for the friends of the prevail ing leaders : legal prosecutions will be instituted and carried on against oppofers, to their vexation and ruin ; and as they have the public purse at command, as well as the executive and judicial power, the public money will be expended in the fame way. No favours will be attainable but by those who will court the ruling demagogues in the house, by voting for their friends and inftru menfs ; and pensions and pecuniary rewards and gratifications, as well as honors and offices of e very kind, voted to friends and partisans. The leading minds and most influential characters a mong the clergy will be courted, and the views of the youth in this department will be turned upon those men, and the road to promotion and employment in the church will be obftrudted a gainst such as will not worship the general idol. Capital characters among the physicians will not be forgotten, and the means of acquiring reputa tion and practice in the healing art will be to get the state trumpeters on the fide of youth. The bar too will be made so subservient, that a youiif* gentleman will have no chance to obtain a cha racter or clients, but by falling in with the views of the judges and their creators. Even the theatres, and adtors and actrefles, must become politicians, and convert the public pleasures into engines of popularity for the governing members of the house. Theprefs, the great barrier and bulwark of the rights of mankind, when it is pro tected in its freedom by law, can now no longer be free : if the authors, writers, and printers, will not accept of the hire that will be offered them, they must submit to the ruin that will be denounced against them. The prefles, with much secrecy and concealment, will be made the vehicles of calumny against the minority, and of panegyric and empirical applauses of the leaders of the majority, and 110 remedy can possibly be obtained. In one word, the whole fyltem of af fairs, and every conceivable motive of hope.and fear, will be employed to promote private interests of a few, and their obsequious majority: and there is no remedy but in arms. Accordingly we find in all the Italian republics the minority always were driven to arms in despair. " The " attaining of particular ends requires length of " time ; designs must lie in fermentation to train " the opportunity to bring matters to perfection." It is true ; but less time will be neceflkry in this cafs, in general, than even in a simple heredita ry monarchy or aristocracy. (To be continued.) ALBANY. SKETCH OF' PROCEEDINGS OF THE LEGI SLATURE OF NEW-YORK. MONDAY, JUI. Y IJ. The bill for the relief of Abraham Lott and others, was read a third time ; on the question for paflmg the bill, a division was called for. For the affirmative— 45. For the negative—lo. On motion of Mr. Clarkfon, the hous e CAmeto the following resolution : t0 Resolved, as the sense of the legislature tl Fort George in the city of New-York and th* lands adjoining to the fame, ought to be referred and fetured for public uses : and tliar a , house ought to be erected on part of the <L°£ for the residence and accomodation of the PreO dent of the United States ; and that the «vill at their next meeting make the neceffar! legislative provision in the premises. a. t i" Governorof thisStateis hereby requeued tocaul* the street commonly called the Broad-wav to''* continued through the said foi t, and to direVt tV materials of the said fort and battery to be col leifled and l'ecured at the expence of the ihte This resolution was agreed to without'a single diflentient.—lt has fincebcen agreed to by the! Nate —seventeen to three. They also agreed to the amendments made the bill tor the relief of Abraham Lott. The house resolved itfelf into a committee on the bill for appointing commiflioners to declare the independence of Vermont. Mr. Barker in the chair. The bill was read in the words following- An ad: appointing cominiffloners with power to declare the consent of the legislature of the state of New-York, that a certain territory within the jurifditftion thereof, ftiould be formed or erected into a new State. Be it enatfted, &c. That lhall be and hereby are appointed commiflioners, with full power to them, or any of them in their dis cretion, as they lhall judge the peace and interest of the United States in general, and this state in particular to require the fame, and on such terms and conditions, and in such manner and form as they lhall judge neceflary and proper, to declare the consent ot the legislature of this State, that such district or territory within the jurifdidtion and in the porth-eaftern and northern part there of, as the said commissioners lhall judge most con venient. shall be formed and erected into anew state. And every atft of any of the coinmif fioners hereby appointed in the execution ol the power aforefaid, lhall be as effectual to every pur pose as if the fame had been an immediate aCtof the legislature of this state. A motion was then made by Mr. J. Smith toadd the following proviso . —" Provided always and it is hereby declared, that nothing in this ast con tained is intended or lhall be construed to give any person claiming lands in such diftridt so to be erecftcd into an independent state, any right to any compensation whatsoever from this state." This motion was carried 34 to 24. Tuesday, jur.Y 14. The committee appointed to prepare the draught of an address to the President of the United States, made a report. The address reported by them having been read and considered by paragraphs, was unanimously agreed to. The house resolved itfelf into a committee on the Vermont bill; Mr. Barker in the chair. The committee proceeded to fill up the blanks; it was resolved that there Ihould be five commif lioners, three to be named by the aflembly and two by the senate. The members were then call ed on to nominate three commiflioners ; Judge Yates had 54 votes—Mr. King 43 —Mr. Speaker 29, Judge Hobart and the attorney general each 17. The names of Robert Yates, Rufus King, and Gulian Verplanck were then inserted. IN SENATE, JtJI.Y 15- On the question to concur in the appointment of Genera] Schyier one of the senators to re present this State inCongrefs, it was carriedin the affirmative—i 3to 6. HOUSE OF ASSEMBLY, JULY 16. A meflage was received from the senate, informingthat they had pafTcd the Vermont bill, and added the names of four gentlemen as commiflioners in addition to those nominated by the aflertbly; the names are Robert R. Livingfton, Richard Varick, Simeon Dewitt, John Lanfing, jun. This amendment having been taken into conf;deration, wasa greed to. The bill was then sent to the council of revision. A resolution was then moved for to appoint Rufus King one of the senators to represent this State in Congrcfs. The question on Mr. King was then put aud carried unnn'.moufly. A meflage was received from the council of revision that they had agreed to the Vermont bill. A resolution was then moved for, that the next meeting of the legislature should be at the city of New-York; a motion wa* made for Poughkeepfie ; on the question being put on Poughkeep fie, it was negatived, 45 to 14. —New-York was then carried, 32 t°27. Same day in the senate, on the question for concurring in the re solution of the aflcmbly, appointing Rufus King a senator, it was agreed to—ll to 8. . The question on the resolution for holding the next feflion? New-York was then taken into confidcrtion and agreed to t?Jo . The two houses then adjourned to meet at the cityofNew-Yor' on the second Monday in January next. (Lpi ' Threee months have nozv elapsed find the °J this publication: Our patrons uir/lpleaje to notice the terms of /'# rl f tion : Those at a di/lance who can caufc payments to be made jn this Oj zui/l greatly accommodate and oblige the editor. Complete [efts from the beginnings oj the GAZETI E OE UNITED STAFFS, may at am time he obtained bv those °. c "f . [übf ribe for that publication, at the Editor's Officc, No. 9, Published by JOHN FENNO, No. 9, Maided Lake, near the Oficcgo-Markct, New-York. —[3 dghf r - av J
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