/ PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN —" No - 4'. BROAD-STREET, NEAR THE EXCHANGE, NEW-YORK [No. 19, cf Vol. ll.] FOR THE GAZETTE OF THE UN [TED STATES. DISCOURSES ON DAVILA N O . X. Wife if a but if a king More wife, more Icara'd, more just, more every thin-. 'T'HERE is scarcely any truth more certain or ,nore evident, than that the nobles of Eu rope, are, in general, left happy, than the coin inon people.— There is on? irreft-:>.g V oof „f it, which it, that they do not maintain their own population. Families, like stars, or candles, which you will, are going out continually, ; and without frefh recruits from the plebeians, the no bility would in time be extindl. If you make al lowances for the ilate, which they are condemn ed by themselves and the world to support, they are poorer than the poar ; deeply j» debt, and tributary to usurious capitalists, as greedy as the Jews. . The kings of Europe, in the fight of a philosopher, are the greatest slaves upon earth ; how often soever we may call them despots, ty rants, and other rude names, in which our pride and vanity takes a wonderful delight, they have the least exercise of their inclinations, the lead personal liberty, and the least free indulgence of their passions of any men alive. Yet how rare are the instances of reflations, and hew univer sal is the ambition to be noble, and the wish to r °y al - Experience and philosophy are loft upon mankind. The attention of the world has a charm in it, which few minds can withstand. The people consider the condition of the ereat in all those delusive colours in which imagination can paint and gild it, and reason can make little lemlance, to this impetuous propensity. To bet ter their condition, [0 advance their fortunes without limits, is the object of their constant de foe, the employment of all their thoughts by day and by night They feel a peculiar" fy mpatliy with that pleasure, which they prcfume those en joy, who are already powerful, celebrated and ncii "wc favour," fays a E r wt writer, ' aii *• their inclinations, and forward all their wish « £?' •, P, 7' WC th '" k - thac a,, y thing o spoil and corrupt lb agreeable a firuati „ pn : we could wish them immortal, and it teems hard to fts, that death should at last put an end to> such perfect enjoyment. It is cruel we think in nature, to compel them from i their exalted ftat.ous, to that humble, but hof pi table home, which she has provided for all her children. Great king, i lve forever ,; g the compliment, which, after the manner of ealtern adulation, we should readily make 'hem, it experience did not teach us its absur dity. Every calamity that befrls them, every << 'TP r i" cxcites '» the breait of the fpedlator ten times niore'compaffion and ' " fent " l .ent, than he would have felt, had the fame things happened toother men ; it is the i, tnis for tunes 01 kings only, which afford the „ P r ° P s r ,ub for tragedy ; they referable, „ ii l . the misfortunes of lovers. „ V, hefe two fixations arc the chief which inter -4< C ii u S np °V he theatre; because, in fpight of ( . all that re ason and experience can tell us to the << tachTork c e P re j" cllces of the imagination, at- tach to these two ftatesa happinefi superior to „ a »y other. To disturb orpntanend to fucli pei fet-t enjoyment, seems to be the most atro ;; "? USor a ." '"juries. The traitor who con spires against the lite ofhis monarch,is thought " r rnonfte [; thanan y » th «- murderer Ail the innocent blood that was shed in the ci „ tlea - h ot c Miles the firft. a stranger to hu «< n ' au liau,re >. "ho saw the indifference of men '< Set Ut and e i m r e ' y ° ftheir inferiors > and the re grec and indignation which they fed for the n,,rf„m,„ cs , nJ fi^rinpof,b6fcSoTethcm "Zf .?"!"■ •" '"i*™' l»i« must be " n ore tSw! 6 L '' e ro » v «Hions of death « than „ Upon this (iifpofition of mankind, to <r 0 " erf uP Z't VY f ai 'i° ~S 'he rich and pow " teor • the diltilldion ranks"and *< our fnnpr Our obfeqnioufnefs to " admirnr f '" e q uc "tly arises from our « T tllC a :' V3ma S es °ftheir fituati frau rom a V private expectations of bene « cnen'n r eirg °, o,i WilL Their benefics can eft aim wl aVV } buC their fortunes inter « rlif" eVC ,' T bod >'" We are eager to aHi It " ? ? c °mpleatmg a system of happiness that :t J' ' ( "^ ICS -> near to perfection ; and we de " •Iriv «» V ® lem f ° r their own fake > without •X) othei recompencc but the vanity or the WEDNESDAY, JUNE 16, i 7po , u honor of obliging them. Neither is ourde ference to their inclinations founded chiefly, « Zl k ?? th ?' U P°" 3 re gard to the utility of : l h r:?T' arid order Of foclety, " Wh , lch best Supported hy it. Even when the order of society seems to require that we should oppo e them, we can ..crdly bring ourfelvesto do it. That kin© at .• •he servants of the peo « pie, Cobr Hgri, re ,. ;d, deposed, or punifh f,' P ub ' ,c convenlency may require, is the dwftnne of realon and pliilofophy ; but it is not the docftnne of nature. Nature would teach us to submit to them, for their own fakes, n° l . rcill anc * down before their exalted nation, to regard their (mile as a reward fuf „ "''f'ttocompenfateany services, and to dread r 11" P^ ea^ure > though no other evil was to " follow from it, as the severest of all mortifica tions. jo treat them in any respect as men, to reaion anddifpute with them tipon ordina " ry occasions, requires such resolution, that tliere are few men whose magnanimity can, unlet s they are likewise aliilted by familiarity and acquaintance. The itrongeft motives, the mod furious passions, fear, hatred and refenrment, are scarce fufh cient to balance this natural difpolition to re spect tliem : and their condudt mud either " J uft 'y or unjustly, have e::cited the higheftde " gree of all those paflions, before the bulk of " the people can be brought to oppose »hem with iolence, or todefire to fe<? them either punifli• " ed or deposed. Even when the people have " been brought this length, they are apt to re " lent every moment, and ealily relapse into " their habitual ftateof deference. They can not stand the mortification ot their monarch ; compaifion soon takes the place of resentment, " they forget all part pro* cations, their old principles of loyalty 1 eviv , and they run to " re-eftablifli the ruiimd .; t y of their 4»l«l matters, with the lanie violence with which they had opposed it. The death of Charles tiie 111 ft, brought about the restoration of the loyal family. Companion for James the second, when hevvasfeized hy the populace, in making his el cape on {hip board, had almost prevented the revolution, and made it go on more heavi " ly than before. ( To be continued. ) Boston, May 6, 1790. EASTERN CIRCUIT COURT*. The CHARGE of Chief Justice JAY, to the Grand Juries of the Eastern Circuit. TX7HF.TH I.R any peoplecan long govern themselves in an e. V quul uniform and orderly manner, is a question which the a .vocates tor free governments judiy conlider as being exceedingly important to the caufc of liberty. Tnis question, I.ke others whose solution depends on sash can only be determined by ex' perience : It ' S a question on wh.ch many think tome room for makin h C,na ' nS ' Ms " J™' had fcW ta ' r °PP°«U'«"es of makingthe experiment; and this is one reason why less progrefi nas been made m the fcence ot government, than in aim ,11 any other. Ihe tar greater number of- the conllitution. and covert). ments of which we are informed, have originated in force or in raud ; having been either impofcd by improper excriions of "! : f° ! C u d bv th V? of d cfignii. B individuals, whose apparent zeal for liberty, ..id the public good, enabled then. to take advantage of the credulity and misplaced confidence of their lellow-citizens. Providence has been pleafcd to blcfs the people of this country, with m-.re pcrfeft opportunities of choosing, and more effcau'al means of eltablilhing their own government than joy other nation has hitherto enjoyed ; and foriheufe we may make of these op portun'ties, and of these means, we (hull be highly responsible to i "f ov '""ice, as well as to mankind in general, and toour own polleriiy in particular. Our deliberates and proceadines, being unawed and uniiifluenced by power or corruption, domcftic en loreign, are perfectly free—our citizens arc generally and greatlv enlighicned and our country is Co extenfiw, that the personal in- Huenceo[popular individuals, «n rarely embrace large poitions "'it ihe mltitution of general and State governments—their ref pcctive conveniences, and defefls in pra&ice, and the subsequent" alterations made in some ot them, have operated as ufeful experi ments, and coiifpired to promote our advancement in this inter filing science. It is pleating to observe, that the present national government, already affords advantages, which the preceding one k fO n C M i°II ,ecb J c and l!l conftru &«i "» produce. How far it may e (till d ftant from the degree of perfeaion to which it may pol liDly be carried, time only can decide. It is a co.folation to re lhat the Rood sense ot the people will be enabled, by ex perience. to d.fcover and correct us imperfeflions, especially while they continue to retain a proper confidence in themselves, and avoid those jealou/ies and diillntions, -which, often (pringing- Irom the woift deligns, frequently trullratethe bed meafurej. Wi e and virtuous men, have thought and reasoned very dif lereiuly, rcfpefting government ; hut in this, they have at length intn r l H ,an '!rn Un K 3gr ! Cd ' Vlz -~ ' rh " its powers thould be divided nto three diftmft, independent departments ; the executive, legif ati 'e and judicial. But how to c.mftitute and balance them, in liJCh a manner as best to guard againll abuse and fluc'l nation, and . rvethe CQiiftitunon from encroachments, are points on-which t ere continuts to be a great diverfitv of opinions, and on which 'as mucl) to l"rn. The constitution of tfce United Sates, has accordingly instituted these three departments ; and much pains have been taken so to form and define them, as that ey lna y operate as checks one on the other, and keep cach with in Its proper limits : It being umverfally agreed, to be of the last 489 importance to a free pe-ple tha; [hey who are vdled with exec,,, "vc, legi native and judicial powers, ihould reft fatisficd with their r lpeclive p .rt,nnsot power—.nd neither encroach on the pro vince. of each other, nor fuffcr themfcK* nor the others to inter, meddle With the ri n hts refeived by the Cotillitution, to the peopl, 11 then so much depends on our rightly improving the before mentioned c pportumtieS ; if the moll difccrning and enlightened Sr«'e " :n "' ljttn relative to THEORILS, unconfirmed by 1 Jt - h !» on fu-H difficult quellions, men may differ in pinion aud vr»~be patriots—and .t the merits of uur opinions on only be i tainer? by experience— let us patient*/ abide ihc trial and unite our endeavors to render it a fair and impartial or*. inelc remarks may not appear very pertinent to the prefect oc canon and yet tt will be readily admitted, that occaflom of pro moting good will and good temper, and the progress of ufcful truths among our fellow-citiiens, fliould not be omitted These motives urge me further to observe, that a variety of local and other ctrcumflarices, rendered the formation of the judicial dc parrment, particclai ly difficult. We had become a natian-as such we were rrfponfible to othe-j for the observance ol the lam ef nations ■ and as our national coh | cerns were to be related by national lam—national tribunals Became ncceifary tor the intei pieiation and execution of them both. l\o tribunals of the like kind and extent had heretofore exited in this country ; from such therefore, no %ht of experience, nor tHCiii.ies of usage and habit were to be derived. Our lurifpm. deuce vaned in almost every State, and was accommodated to lo cal, not genua! convenience—to partial, not national policy I his convenience and this policy, were neverthclefsto be regarded, and tenderly treated. A judicial coutroul, general and final, wa» • lndifpenfable—the manner of rfUliflang it, with powers neither too extensive, nor too limited : rendering it properly independent »nd yet properly amenable, involved questions of no little intrica cy. The expediency of carrying justice as it were to every man'* door, was obvious ; but how to do it 111 an expedient manner wa 4 tar from being apparent. To provide against discord between national and State jiinfdiftion*, to render them auxiliary instead ol no'file to each other ; ani (<> t<» connect both an to leave each lulhciently independent, and yet fufficicntly combined, was, and will he arduous. Inllitijtions formed uoder such circumllnnces, (hould therefore he received with candor and tried with temper and prudence I was under these embarrafling circuinftances, that the aniclet in n , C ?'^ ltU " o l n as well as the-aft of Congirfs fti,- the judicial courts of the United States, were made Under the authority of tl.at ast, this court now fits—its iurlf. d'Ction is two-fold civil and criminal: to the exerrife of the fuller. y>u, gentlemen, arc ncctflary, and for that purpol'c are now con vesica. Ibe in o y--i> cC-r.-l • •.'i.' .r—J!,r ;;i governments, and the wilelt laws, are vain, unless well (dminiftied ami wen obevm Virtuous cittferis willobferve thein from l fenfc o! duty j but thole ol an oppofue defcriptien. can be reftr. Ned only by irar of diigr.ee and pum(hment. Such beingthe state of things, it is e r . fential to the welfare of focietv, and to the protection of each mem ber ol it in the peaceable enjoyment of his righis, that otfende-s be punilned. Ine end of puniftiment, however, is not to expiate for offen es; but bv'the terror of example, to deter men t.om the com ri,ll""i 'htm. To render these examples ufeful, policy as wcil. s morality, require not only th.it puniftiment be proportionate to ;uili, hut that all proceedings agaiqft oerfons ac-ufcd or lufpefled •"-comp.nied by ,he nfUaion that .hey may i, c inno ent. Hence therefore, it is propet that difpaflionate and careful i.quirylhould precede those rigours, which juft.ee exacts, and v .led Ihould always be tempered with as much humanityand be itvolence as the nature of such cases mav admit. Warm, partial in pricipitate profeeutions, and cruel and abominable exocu ''j'l racli5 > drawing, quartering, burning, .nd the ike 're no left impolitic than inhuman. They infufc into j'tn' C n ". n ' disgust at the barbarous feiverity of government ind fill ,t with pity, and partiality for the fufferers. On the con rary, when ollenders are prosecuted with temper and decency - en they are conv.aed, after impartial trials, and punilhed in a nanner becoming the dignity of public jurtice to prelcribe, the eelmgjand fentnnents of men, will be on the fide of government; ind however d.fpofed they may, and ou ht to be to regard fuf! enng offenders with companion ; yet that compaflion will never >e unmixed with a due degtee of indignation We are happy, that the genius of our laws is mild, and we have ibundant reason to rejoice, in pofleiring one of the bed institutions hat ever was devised, for bringing .A nders to justice, without ndani-eivng peace and fecunty of the innocent, I mean that »l Grant. Junes. Greatly does it tend to promote order and ;ood government, that m every dill, ift, there should frequently Jeallemoled a number ot the most difcrect and refpeftable citi :en» in it, who on their oaths are bound to enquire into, and pre en! all ofle.ices committed against the laws in fucli diftria—and greatly docs it tend to the quiet and faftty of good and peaceful ci. izens, that no man can be put in jeopardy for imputed crimes . I'houl such previous enquiry and presentment. The exient of your_d.(tritf, gentlemen, which is commensurate with the State, lcceflarily extends your duty throughout every county in it, and demands proportionable diligence in your enquiries, and circum pcttion in your prefeptments. I he objeas of your enquiry are, all offences committed against lie laws of the United States in this diftria, or on the high Teas »V pet lons now in the diftria. You will lecollea that the laws it nations make part of the laws of this, and of every other civil ized nation. Theyconfiftof those rules for regulating theconduft J n ' UlOn * towar ds each other, which, resulting from right reason. receive their obligation from that principle, and from general as. sent and prafiice. To this head also belong, those rul?s or laws which by agreement become eltabliihed between particular nati. nns, and of this kind are treaties, conventions, and the like com. patts. Asm private life,a fair and legal contraa between two men, cannot be annulled or altered by either, without the coqfent nt the other, so neither can treaties between nations. States and legiftatures may repeal their regulating flatutes, but ihey canqoc repeal then bargains. Hence it is, that treaties fairly made and concluded, are puieaiy obligatory, and ought to be punauallv obierved. We are now a nation, and it equally becomes us ta perfoi m our duties as to allert Our rights. The penal statutes of the United States are few, and principally relpect the revenue. The right orderingaud management of this important business, is very eflcntial to the credit, charaaer and prolpenty of our country. On the citizens at large, is placed the burthen of providing for the public exigencies : Whoever there. ' tore fraudulently withdraws his fhouldcr from that common bur »ien, neccllarily leaves his portion of the weight to be borne by t e oJiej s. »nd thereby doesinittftice, not only tt> the government rut to them. ° $kse [Whole No. 123.3
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