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.