THOUGHTS ON GOVERNMENT, APPLICABLE TO THE PRESENT STATE or thi AMERICAN COLONIES. Written in the Year 1776, By the VICE-PRESIDENT of the United States, Then a Member of ; In a LETTER to the Hon. GEORGE WYTHE, o[ Virginia. My dear Sir, IF I was equal to the taflc of forming a plan for the government of a colony, I (hould be flattered with your request, and very happy to comply with it ; because as the divine science of politics is the science of social happiness, and the bleflings of society de pend entirelv on the const tutions of government, which are gene rally institutions that last for many generations, there can be no employment more agreeable to a benevolent mind, than arcfcarch after the best. Pope flattered tyrants too much when he said " For forms of government let fools contefl. " That which u befl adminiflered is befl.'* Nothing can be more fallacious than this : But poets read history to colle£l flowers not fruits—they attend to fanciful images, not the effedls of social institutions. Nothing is more certain from the history of nations, and the nature of man, than that some forms of government are better fitted for being well aaminiftered than others. We ought to conudcr, whnt is the end of government, before we determine which is the best form.—Upon this point all Ipe eulative politicians will agree, that the happiness of society is the end of government, as all divioes and moral philosophers will agree that the happiness of the individual is the end of man. From this principle it will follow, that the form of government, which communicates ease, comfort, fccunty, or in one word happiness to the grcateft number of persons, and in the greatest degree, is the best. All sober enquirers after truth, ancient and modern, Pagan and Christian, have declared that the happiness of man, as well as his dignity consists in virtue. Confucius, Zoroatler. Socrates, Ma hornet, not to mention authorities really sacred, have agieed in this. Ifrhereisa form of government then, whose principle and foundation is virtue, will not every sober man acknowledge it better calculated to promote the general happiuefs than any other form ? Fear is the foundation of mod governments ; but is so fordtd and brutal a paflion, and renders men, in whose breads it pre dominates, so itupid, and miserable, that Americans will not be likely to approve of any political institution which is founded on it. Honour is truly sacred, but holds a lower rank in the scale of moral excellence than virtue. Indeed the former is but a part of the latter, and confcquently has not equal pretensions to support a frame of government produ&ive of human happiness. The foundation of every government is some principle or pas sion in the minds of the people. The noblest principles arid moll generou affcclions in our nature then, have the fai re ft chance to support the noblest and most generous models of government. A man mul\ be indifferent to thefneers of modern Englishmen, to mention in their company, the names ot Sidney, Harrington, Locke, Milton, Nedham, Neville, Burnet, and Hoadley. No small fc>rtrude is nercflTary to confefs that one has read them. The •wrctched condition of this country, however, for ten or fifteen years past, has frequently reminded me of their principles and xeafonings. They will convince anv cancid mind, that there is no good government but what is Rcp> lican. Tnat the only val uable part at the Hritifh Conkru >so; because the very deft-. nition of a Republic, is " an lvnpire of Laws, and not of Men." That, as a Republic is t r be ft of governments, so that particular arrangement of th:- v/crs of focietv, or in other words that form *f government, which is best contrived to fccure an impartial and cxatt r xecu'.ion of the laws, is the best of R publics. 0» l Republics, there is an inexhaustible variety, because the pos sible combinations of the powers of society, arc capable of innu merable variations. As pood governments an empire of laws, how shall your laws be made? In a large society, inhabitating an extensive country it is impoflible that the whole should afTemble, to make laws : The firft necefTary step then, is, to depute power from the many, to a few of the mod wife and good.—But by what rules (ball you choose your Reprefcntatives ? Agree upon the number and quali fications of persons, who shall have the benefit of choosing, or an nex this privilege to the inhabitants of a certain extent of ground. The principal difficulty lies, and the greatcfl care should be em ployed in configuring this Reprefentativc AfTembly. It should be in miniature, an exa£l portrait of the people at large. It (hould think, feel, rcafon, and ast like them. That it may be the interefl of this aflembly to do ftrifljuflice at all times, it should be an equal representation, or in other words equal interefl among the people should have equal interefl in it. Great care should be ta ken to effett this, and to prevent unfair, partial, and corrupt elec tions. Such regulations, however, may be better made in times of greater tranquility than the present, and they will spring up of 4 themfclves naturally, when all the powers of government come to be in the hands of the people's friends. At present it will be faf cfl to proceed in all eftablilhed modes to which the people have been familiarifed by habit. A representation of the people in one AfTembly being obtained, a queflion arises whether all the powers of governmenr, legislative, executive,and judicial, shall be left in this body? I think a peo ple cannot be long free, nor ever happ), whole government is in one AfTembly. My reasons for this opinion arc as follow. 1. A Angle AfTembly isliable to all the vices, follies and frailties of an individual. Subjcfl to si'S of humour, starts of passion, flights of cnthufiafm, partialities, of prejudice, and confcquently produflive of hasty results and absurd judgments : And ail these errors ought to be corrected and defeats fupplicd by some con trolling power. 2. A (ingle afTembly is apt to be avaricious, and in time will not scruple to exempt itfelf from burthens which it will lay, without compun&ion, on its constituents. 3. A single AU'einbly is apt to grow ambitious, and after a time •will not hefitateto vote itfelf perpetual. This was one fault of the long Parliament, but more remarkably of Holland, whose AfTem bly firft voted thrm f elves from annual to septennial, then for life, and after a courfeof years, that all vacancies happening by death, or otherwise, should be filled by themselves, without any application to conflitupnts at all. 4. A Representative Alfembly, altho' extremely well qualified, and absolutely neceflary, as a branch of the legislature, is unfit to exercifc the executive power, for want of two cflential properties, fecrecyand dispatch. ,5. A Rcprefentative /.ITembly is still less qualified for the judi cial power ; bccaufe it is too numerous, too flow, and too little {lolled in the laws. 6, Because a Tingle AfTembly, pofTefled of all the powers of go vernment, would make arbitrary laws for their own intcreft,execute all laws arbitrarily for their own intcreft, and adjudge all contro verfics in their own favour. But shall the whole power of legislation reft, in one AfTembly ? Most of the foregoing reasons apply equally to prove that the le gislative power ought to be more complex—to which we may add, that if the lcgiflative power is wholly in one AUembly, and the ex ecutive in another, or in a single person, these two powers will oppofeand encroach upon each other, until the contefl shall end in war, and the whole power, legislative and executive, be ufarped by ihe ftrongcil. The judicial power, in such cafe, could not mediate, ar liolJ the balance between the two contending powers, becau.e t c egi flative would undermine it. And this ihews the neceility too, of giving the executive power a negative upon the legislative, ot ler wifc this will be continually encroaching upon that. To avoid these dangers let a diftinft Atfemblv be constituted, as a mediator between the two extreme branches of the legmature, that which represents the people and that which is veftcd with the executive power. Let the Representative AfiTembly then elect by ballot, from among themselves or their conllituents, or both, a diitintt Atiem bly, which for the fake of perspicuity we will call a Council. It may consist of dny number you please, fay twenty or thirty, and (hould have a free and independent exercise ot its judgment, and consequently a negative voice in the legislature. These two bodies thus constituted, and made integral pruts of the legislature, let them unite, and by joint ballot choofc a Gover nor, who, after being dripped of moll of those badges of domina tion callod prerogatives, ihould have a free and independent cxpi cife of his judgment, and be madealfo an integral part oi the le gislature. This I know is liable to obje&ions. .>nd if you please you may make him only President ofthe Council, as in Connecti cut : But as the Governor is to be inveiled with the executive power, with confentof Council, I think he ought to have a nega tive upon the legislative. If he is annually as he ought tQ be, he will alv. ays have so much reverence and aiteciion for the people, their Keprelentutives and Counsellors, that although yOu give him an independent exercise of his judgment, he will f< ldom use it in opposition tothe twohoufes, except in cases the public uti lity of which would be confpicuoua, and some such cases would happen. In the present exigency of American affairs, when, by an ast of 'arliomcnt we are put out of the royal prote&ion, and conicquent y difchargcd from our allegiance ; and it has become necelTary to flume government for our immediate security, the Gov. Lieut, jov. Secretary, Treafurcf, Comm lTarv, Attorney-General, should 3e cho fen by joint ballot, ol both Houfrs. And thcle and all other elections, especially of Representatives and Counsellors, should be annual, there not being in the whole circle of the sciences, a max im more infallible than this," Where annual elc&ions end, there slavery begins." These great men, in this refpeft, should be, once a year <c Like bubbles on the sea of matter borne, " They rife, they bteak, and to that sea return (To be concluded in our next.) FOR THE GALETTE OF 1 HE UNITED STATES. MR. EDITOR, SPECULATION in public securities, or the debts of the United States, and the individual States, began with the debts themselves—it is a neceflkry and uniform consequence of paper re presentatives of specie, on any principle what ever, funded or not funded : In the former cafc, it is seldom injurious when the funds are good and sacredly applied : In the latter it is always carried toexcefs—andi3 attended with pernicious effects. The United States, previous to the adoption of the new Conltirution, poflfefled no funds—becaufe they had no legislative power. A vain confidence, however, in the success of congressional requifi tionSy procured a circulation for a time, of the many millions of paper which the old Congress iflued. A failure on the part of the respective States in complying with the lequifitions, laid the foundation of that itnmenfe depreciation which followed—and opened the flood gates of speculation. For a considerable time before the difTolution of the old government, the receipts into theTreafury of the United States, were said to be little more than fuflicient to pay the officers of government : These, however, it is to be pre sumed, were punctually paid, as very few of them appeared anxious for a change. A debt fit'jated as that of the United Stares was, mud have been in desperate circuinltances—and it is demonstrable, that before this day, it would have totally funk in the hands of the pofleflors, but for the new Conflitution. How far this was the wish of many of the oppofers of a change in our political fitnation, time may develope—but at present, thank Heaven, it is not material to inveltigate. The time is now come, when the business of speculation, it is to be hoped, will be brought to very narrow limits, and become so un productive, as to be not worth pursuing : And in order to effect this great and valuable object, it is become neceflary that confidence in the faith and honor of government, should take place of that distrust and jealousy, which have led too many of our citizens to facrifice their hard earn ed property for a very trifling consideration. The business of speculation, in its firft stages, was carried on in a very exceptionable and difin genuous manner : The country was filled with a set of itiu erant {harpers, who gulled the unwary and uninformed out of their property by every species of deception : This mode of prosecuting the business, was the only one in which it was carried on for a considerable time—buttheellab lifhinent of offices in the capital towns on the continent, produced an open and fair market and the fame principles which apply in other branches of traffic, obtaining in this also, it then became the interest of the negociators to buy and fell on the lowest terms. This open market broke up the itinerants in a great measure, and afford, ed every pofleflor an opportunity to get the high est price that could poflibly be obtained for liis paper. It is however said, that the ambulatory tribe is not extinct—but the late rife in pub lie paper has added wings to their feet—and in many mltances the credulous and nnfufpedinsr have fuffered by sudden and hasty sales. It is surely high time that confidence in the government should poflefs the minds of the pub lic creditors umverfally : Those whose faith has not failed them for several months part, have ad 610 ded more tljan one hundred pr, cent, twieir property—and iftlieylwill but hopi Uhtotlfc>nA of March next, they inuft find their account in it You, Mr. Editor have done well in puJbJifliiiiE a price cnrrent of Public Securities, finpe the Funding Bill pafled : It has been very frr»; < . Pa|ll to many of my neighbors ; they are ho«cye r <, t a lofsto account for the fluctuation which foibe. times appears. I tell them to be steady— possible reason can be given (thatfhould inflagnce the creditors at large) why the public paperiSSiM be at one price to day, and at a less price to i£»r -row—l tell them alio that tliefe variation!are owing to local confederations only, wViich may be eaiily explained. You may hear from « ej . gain. MADRID, July 9 . OUR dispute with England remains just i„ t | le slate it was, and has not taken a more ami cable turn since the arrival of Mr. Kitzherbert the Spanish Ministry keeping firm to the follow ing DECLARATION. signed and delivered by theComte Florida Blanca at Aranjuez, on the 4th of Junet79o,to theEuo! lifli Charge des Affaires: " THE King, informed of the Reprefenmion presented at the office of his Miniilerson of May, by the Sieur Matty, Charge its Negotia tions of his Britannic Majesty, the dif. putes arisen between this Court and thatofGreat- Britain, on account.of the veflels detained at the port of St. Laurent, or Nootka, on the coaftof California, in the South Sea—lias ordered the tin* derfigned, his firft Secretary of State, to peply to the said Sieur Charge desNegociations of England that which lie had the honor to inform hitg ver bally of, and in writing, oil the r3th of May, viz. " That his Majesty never did, or will prpteud in this port, or in any other seas or places whatv, ever, to any right s but such as belong lo his crou-jj by foleinn treaties with all nations, and especial ly with Great Britain, founded on luch treaties, and on theconfent ot the people, well known and immemorial poH'effion. " That he will confentro an examination and difcuflion of all these points, for the purpofeof accomplishing a pacific and friendly negociation, as soon as he can have an interview with the new Ambaflador, and that his justice will indemnify the parties concerned, and he will difapproveof the condu<ft, and punish his fubjeifts, if it appears they have exceeded their legitimate rights : Thi» offer, and this fatisfadtion, is to ferveas an exam ple to the Court of London, to do as much on it» fide. The two courts of London and Madrid notbav ing yet received fufHciently detailed proofs' of what has really palled in those distant places, ha* caused fonte difference in the expofuion and ac ceptation of fatfts ; for the process verbal drawn upby the Vice-Roy of New-Spain, of whom they have been required, are not arrived at this mo- ment " It is known by posterior accounts, that tfce veflel or English packet boat l'Argonaut, was not detained and confifcaced until after a judicial animation had been made ; and also, that a by lander, or final! veflel, named the Princefißoyiu,. which arrived afterwards, would only havebeen detained and not confifcated, and that the Vice- Roy would have made restitution, or have fetier at liberty, on the Capr. entering into an obliga tion to pay the value, in cafefhe should be deem ed alawful prize, being the fame terms on which a Portugnefe (hip from Macoa, and two belong ing to the American colonies, were fetat liberty. In like manner, all, which ihall be proved not to belong legitimately to this Court, will be given up immediately, as soon as the pieces jufticativtt are arrived. " The fir ft time that our nmbafladordifconrfed with the ininiftry of London (the roth February) on this lubjecft, many circumuances couldnotbe ascertained which are now certain, either of the ref'petftive acfis of pofleffion of Spain on this coast and ports, anterior and posterior to those cited an the said office, and many others which will be let forth, and submitted in a pacific negociation ; and if the court of London, when it was anlwer-- ing the complaints made on the part of the against the traders which Spain regard as afurjv ers and violators of Treaties, bad made an ans wer conformable to the desire at present mam* fefted, of examining and fettling these contefla tions amicably, conliderable expences and disa greeable circumstances would have been avoided. The disagreeable terms and conditions of-the answer of the Britifli Ministry, and that at atime when it is avowed no authentic information is ar rived, threw the Spanilh cabinet into fulpicions, which made them fear this difputewas only taferve as a pretext to break entirely -with our Court, whici has induced it to takefome precautions on the fubjtci- VIENNA, July 17. , An Eftafette arrived here yefterday-at seven o clock in the morning, with the melancholy inte - ligence of the death of out illustrious General Loudhon. , , - He died on the 14th infl.. at eleven o clocK m the forenoon. His impatience under the me R I T 0.
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