PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, BETWEEN SECOND AND THIRD STREETS, PHILADFI PHIA
[No. 25, of Vol. in.]
FROM THE (BOSTON j COLUMBIAN CEN'TINEL.
Mr. RUSSELL,
MR. PAIINJE affirms that the French nation
have a Constitution, and that the Englifli
have none. I have already offered a few ooler
•vations upon the latter part of this allertion, but
as a prelimanary to some remarks, which 1 pro
pose to make upon his comparison, 1 mult pre
mise that directly the reve*fe ot his opinion up
on this fubjedt is the truth, and that in reali.y
the Englifli nation have a Constitution, and th
French as yet have none. The National A lie in
bly have indeed been constantly fitting these two
years, to form a Constitution, and at the teie
niony of the Federation about eleven mouths
since, they swore theinfelves and their King to
the observance of a Constitution, to be made.
But as they are still pollefl'ed of the whole pow
er of the nation, they may repeal any article
upon which they have hitherto agreed, by virtue
of the fame authority, which enabled them to
pass the decree, and therefore according to Mr.
Paint'% own ideas, the French' cannot be said to
have a Conrfltuiion, until the National Aflem
bly Ihall please to diflolve themselves and to put
their whole fyltem into operation.
1 have endeavoured to (how that it is not ab
folutcly efl'ential to the exigence of a Constitu
tion, that it flioold be producible " in a visible
form." The period of time when the founda
tions of the present Englilh government were
laid by the alfociation of the people, in " their
original character" cannot indeed be ascertained.
Many of the laws which are in use to this day
in Great-Britain, and from thence have been
adopted by the American Republics may be tra
ced back to theremotelk period of antiquity, and
the origin even of thp inltitmion of Juries, an
institution so congenial to the genuine spirit of
freedom, is loft in the obicurity of the fabulous
ages. Many of the fundamental principles of
the Englifli Constitution, are known to have had
existence long before the invention of printing,
and even before the inhabitants of Britain were
acquainted with the ofe of letters, and it would
therefore be an absurdity to vequi re that the ori
ginal articles ftiould be produced, " in a visible
form." But "ex nihilo, nihil fit," the very ex
istence of these principles proves the formation
of a social compact previous to that exiltence,
and the spirit of liberty which is their diltin
guifhing characfteqiftick. affords internal evi
dence, that they did not originate in the merci
less despotism of a conqueror, but in the free
and unreltrained consent of a manly and gene
rous people. It will not be said that an original
compacfl was never formed because it is not re
corded in the page of liiftory ; as well might it
be pretended that the pyramids of Egypt arose
felf-created from the earth, because the time of
their erection, and the names of their builders,
have been consigned to that oblivion, in wnich
all human labours aredeftincdto be overwhelm
ed.
William of Normandy, to whom Mr. Pains al
ways refers the origin oftheEnglilh government,
was the conqueror only of Harold. He obtained the
crown of England by popular election, upoa the
express condition that he would govern the na
tion according to her ancient laws and cuttoms ;
lie took the fame oath at his coronation which
had been taken by his predeceflors ; and by his
last will, after bequeathing the province of Nor
mandy to his eldest fbn Robert, he expressly ac
knowledged that he did not poflefs the kingdom
of England as an inheritance, and only recom
mended his son William as hisfucceflor. It would
be altogether unnecefl'ary at this time to discuss
the question whether the crown of England was
originally hereditary or elective, but the faifts
which I have here stated, and which are war
ranted by all the moll ancient and moll authen
tic English historians, fully demonstrate that the
Englilh government did not originate in the Nor
man conquest. "If the fucceliion runs in the
line of the conquest, the nation runs in the line
of being conquered, and it ought to rescue icfelf
from this reproach," fays Mr. Paine. "The
•vitflory obtained at Halting? not being a victory
over the nation colleCirjely, but only over the per
son of Harold, the only right that the conque
ror could pretend to acquire thereby, was the
right to poflefs the crown of England, not to al
ter the nature of the government," fays Judge
Blackltone, (i Com. 199) Upon a question of
Saturday, July 16, 1791.
fadt relative to the English constitution, Black
.tone is, 1 believe, as good -in authority as Mr.
Paine, but 1 wilh not to reft the question upon
iny authority whatever ; I venture to affirm that
my man who will coolly and impartially exa
nine the fubjecft, and appeal to the original
sources of information, will acknowledge, that
rhofe who derive the origin of the English go
vernment from William th.: conqueror, can do
it upon 110 other principle t in that of support -
ing a system.
It is not however neceflaiy on the present oc
casion to revive a question, .vhich has been dif
ciiffcd among the Engltjh with all the acrimony
of faction. Mr. Paine has chosen the ground,
which was not found tenable by the flavifli f'up
porte; s of passive obedience, and the divine right
of Kings. They took it originally because it
was neceflary to them for the support of their
system, and they wete driven from it by the
friends and fupporrers of equal liberty. Mr.
Paine found ii necessary 10 support a doc'trine of
a very diffvrei.t nature ; and adopting the max
im that it is lawful to learn, even from our ene
mies, he has freely borrowed from them the
practice of accommodaiing the farts of history
to his political purposes.
Be i hat however as ir may, the Parliament of
Great Britain from time to time have enacted
certain laws which from tiieir fnperior import
ance have been deiiotnina'ed constitutional ;
the acquiescence of the people, to whom molt of
those laws have been extremely fatisfacftory,
gives them at least as (*ood a faniftion as the
constitution of Krance has obtained. The Na
tional Ailembly were nor oigmally chosen to
form a constitution ; they were called together
as States-General, under the authority of ano
ther constitution, such as it was. They aihimed
the power to dilfolve the old constitution and to
form another, and the acqniefcence of the peo
ple has confirmed that aflinnption. At all events
therefore their conftitnt 'i ilartd* upon no bet
ter ground than the aCU ot the tfritifti Parlia
ment.
If . hen the Parliament of Great Britain have
a right to declare what lhall be the supreme law
of the land, they will be able to produce a sys
tem of constitutional law, even according to
Mr. Paine's wifli "in a visible form." This sys
tem is contained in a number of statutes, enadted
not at one time, or by one body of men, but at
divers times, according to the occasional conve
nience of the people, and by a competent autho
rity. These statutes contain the principles up
on which the Englilh government is founded,
and are therefore proper objects of coinparifon
with the constitution which is to be the supreme
law of the land in France. The comparisons
which Mr. Paine has drawn are not partially fa
vourable to his native country. We lhall en
quire whether they are perfectly confident with
truth.
PUBLICOLA.
The above is No. 6—No. 7, appealed in om lafl.
FROM THE NEW-HAMPSHIRE CHRONICLE.
The ECONOMIST.
Make not more hafle than good speed,
IS advice worth observing. Halle often makes
wufte. Some lose more by their precipitancy
than they gain by their indnftry. They are in
so great a hurry about one thing, that they for
get other things and accoinplifh nothing. They
have a dozen ilefigns in their heads at once, de
manding attention, and like » numerous litter
of pigs, pufliing away one another. They are
busy in collecting ; and what they gather with
their hands, they kick away with their feet.—
Fsrvidus is one of this fort of men. No man is
more busy, or does left to the pnrpufe. A piece
of ground rauft be ploughed to-day. To-mor
row something else malt be done. He hires a
plough-boy, tackles his team, drives them on the
full run into the field, has forgothis plough,
whips the boy because he did not think of it,
hastens back after it, the boy runs home ; it is
noon before he can bring his matters together,
and he does but half a day's work. In the
course of a summer he overturns several loads
of hay: There is the appearance of a Ihower,
lie goads 011 his cattle ; and inltead of looking
at his cart, looks at the cloud ; his load is over
set, and out in the rain. He rises in a winter
morning, with a determination to (led home
three loads of wood. He must firft get his boots
89
fill tso
[Whole No. 251.]
mended. He runs to the barn—throw: some
hay to his cattle in the (tables—forgets thofc in
he yard—never shuts the door, haitens to the
! hoeinaker, but has left his boors at home—runs
back after them—finds his cattle in the barn
and his oxen at the corn-crib—drives them out
with a vengeance—goes into the house in a
foam—ftrikes the firlt he meets for leaving the
barn door open—concludes his oxen will die—
cooks a mess to prevent the fatal effecfts of the
corn they have eaten —in his hurry kicks it o
ver—and then prepares another. He gets no
wood to-day, keeps himfelf in a fret and his fa
mily in a tumult. He gives his people no order
how to employ themselves—they lose their time,
and at night he is in a rage, because not a foul
has done any work. Fervidus fully believes the
doctrine of witchcraft. .And his family are so
berly of the opinion, that there is an evil spirit.
Ltntulus is a different character. He is indul
rrious, but moderate. You never fee him idle,
nor in a great hurry. He plans his business
well ; lays out no more than can be executed
in season ; takes things in their proper order,
without confufion or interference. He finiflies
what lie undertakes, proceeds with little noise,
and never destroys what he has done, by an ea-
Sjernefs to do more than can be done. He rises
early, attends the dated duties of the family de
liberately, idues the orders of the day calmly,
and finds them at night executed faithfully.—
When one thing is done, all know what 10 do
next; there is no confufion ; and what cannot
bt accompli/hed in one day, he is content to
leave for another. If, when he has hay abroad
he fees a shower ariflng, he will secure it if he
can. But he never breaks his rakes by his hur
ry to anticipate the fliower ; nor breaks his reft
if the Ihower anticipates him. When the day is
closed, his cares are dismissed. He spends the
evening in nfeful conversation with his family
or a neighbour. Whatever happens, you will
fee him serene and temperate. He is thankful
for fuccef3—never dircompufeil by cross acci
dents—He never blames others for his mistakes,
nor chides them with paftionate severity for their
own. You never fee him out of humour for
what could not be prevented, or anxious for
what is not in human power. He spends the
day cheerfully, closes it devontly, and pas
ses the night quietly. He is fuccefsful in his
business ; his donielticks love his service ; the
blessings of the poor come upon him, and the
smiles of heaven attend him. Lentulus is never
molested by witchcraft.
FROM THE NEWPORT HERALD.
Bishop Newton's Prophesies.
Mr. Printer,
IN reading the late Bishop of Bristol's difierta
tions on the prophesies, wrote in the year
1754, I met with two paflages bearing some
reference ta what now pafles in Europe :
ift. " There is a current tradition among the
common people in Turkey, that their Empire
shall one time or other be destroyed by the Ruf
fians." This doubtless makes them fear the
Ruffians, and probably occasions their not making
that head against them, that they would againit
another enemy.
The other paflage needs 110 comment: "Rome
therefore will finally be destroyed by some of
the Princes, who are reformed, or (hall be re
formed, from Popery;—and as the Kingx of
France havs contributed greatly to her advance
ment, it is not impoflible, or improbable, that
some time or other they may also be the princi
pal authors of her deftruclion. France hath al
ready fliown some tendency towards a reforma.
tion, and therefore may appear more likely to
accomplish it,"
Ed. 8. V. I. p. 407: V. 11. p. 336.
FRENCH CONSTITUTION.
The following Jketch of the French Conflitutitrt, as
given by the late celebrated Mirabeau, is •wetliuorth
the attention of our readers.
THAT general system of admiration is now
full and complete, which throughout the whole
furface of the empire, gives interpreters to the
petitions of the people, organs to the laws, fanc
ionatiesto the executive power, mandatories
to each department, and to each city intennedia
tory officers to the collctftion of citizens.