The Connecticut courant and Hartford weekly intelligencer — Hartford, Conn., 1777-03-31 00:00:00, page 1

@ O~NNE € TICUT
Mr. Watson,
Plcaft te afford the following a,lace in ,ur Courant, and
you ^iU oblige the town of Pittfold.
f~r~( HIS town impend with the iffirance of their
$ good inventions to all men, and particularly
to thetruc iatoraft cf this State, think proper
tomake the following obfirvatians, which ths, ap
prehend will be fufficient to convince the public that
their ideas of the prufint state of civil government in
this fate are jufl/zod properly founded.
Tae committee of this ?pwa, 'tis true, have once
publifh4d Mr. Charles Goodrich as an enemy to his
country ; giving such rexfuns as they thought (effici
ent to convince the world that the publication was
just. Mr. Goodrich however thought himf#lf injur
ed, and applied to the general iff;mbly of this Rate
for redress, as he has told us in his publication, of
what he calls the extract from the jjurnals of the ge
neral assembly of the Maff^chufatts Bay. The town
are very inclinable to think that the honourable coun
cil of this Rate did never fuffer any such extras to
came from their journals : their reasons are theft viz.
I. It is in their opinion beneath the dignity of such
an august body, to take notice of th, disputes of in
dividuals, so as to enter them on their journals.
2. Such a tryal is unprecedented by any former
council of this state.
3. hiscalled in the publication " the journalsof ihe
general assembly ;" whereas it appears Uy the publi
cation itfelf, that it only passed At council, and then
was copied fit publication.
4. The mode of trvai which at any rate was unpre
cedented in every r^fpeft, if the honourable council
board had been a proper tribunal to try private cun
troverfies, (which we presume they wj! not pretend
they are by the co.nftitution : ) why did not they adopt
fame rule in the tryal ? at bast summon the contend
ing parties: As to this Mr. Goodrich in his remarks
in your paper of the 1.7 th or February, lad f^ys, '' that
Mr. Rathbun as the representative of the town end
chairman of the committee was cited and did attend
the trial." Thismy be true or not; fuppiflag any
other person belonging to the committee asa body cor
porate were citedtud prefect? Mr. Rathbun was not
amenable to the council or houie a# one of the com
mittee of the townof Pittifield, ualefs in his corporate
capacity, in wh'ch case the corporation must be cited,
and be properly empowered to answer for the whole:
so that the hasty lie give# Mr. Rathbun refpe&ing
this matter, isjuttly chargeable or the wil mlignorance
of Mr. Goodrich, and the trial (if any) t^arti to ail
intents and purp.fis.
5. Thireafoning made use of in ;htfe pretended
extracts is very extraordinary. To exculpate Mr.
Goodrich from the charge laid against him by rhe
committee, one of which nas, that said Goodrich re
futed to comply with an order of the general e?urt,
when drafted i^ confidence thereof, for the service
cf this state they fay, “ that wi;h mf^a tn the fe
coad article of charge, it appears that Mr. Goodrich
conflicted hi^fdf as not liable by the laws cf this
stare, to be drafted from the alarm lift, in such man
ner and for such purpofss as was,intended ; and there
fore he did not comply with the order," and then
draw the conclusion that therefore he is excufibU.
We almost blush i^ft this should finally prove the
journals of the hon. council cf this ftatt What, be
caafe a man think# he oughtnot to yield obedience to
the supreme authority of thecate, that therefore this
fime authority as Mr. Goodrich would have it (by hi#
extra^^) decree that he is jufti^ab e, and excufib e,
and thu his country have bmn guilty of , capital er
#pr, in reproving and publishing hint. 'this being the
case, what can't we do with the free cjt>rci& of such
constitutional authority in this State, who may order
§OOO men to be immediately raised, to prevent# lud
d<n taxation did overthrow of the State, ar.d not one
Mian yields obedience to their aider, having affuraace
of a difpenfeuon, at if happened with Mr. Goodrich.
Taus much for the pretended ektraas, which make
law- makers Ihw-b,eskers , # aid renders the authority
of this State, which h but weak at belt, in the most
contemptible light. , We now obfsrve on the remain
der of Mr. Goodrich's piece, and Mr. Hampshire's of
(he fame date, ftiri and di&ie-% “ ihameful, h^ Gya,
that the committee of the town of Pittsfield, Should
complain of expire trials, whea they havs been guil
ty ofholding such trials di others." This m nottrfy
Conteni^ the Fre&ft ADVICES,
10^1; ^^ ^, ^m
Printed amd published by EBENEZER WATSON, hear the GREAT BRIDGE.
^ ^BELM
AND
he observes that he was denied a trial or hearing in
confluence of one bf the commits ; this is also not
true. The next obfevarion worthy if notice, if any,
is by way of answer to a question in the declaration,
adopted by the town,viz."if any flionld be so bold as
to fay we have a canftitution, we aft what it is ? We
never had hat one cenftitetibn, which was that of eur
charter, which we have sometime ago rejeded, and
now we have to feck for another." This, fays Mr.
Goodrich, by way of question, is in dired opp firion
to the declarations of all the Coegreffes, and effsmbly
of this State, ahd the Continental Congreh ; here
Mr. Goodrich was equally mistaken, as was his writ
erin the piece fignad Hyripfliire. Much might be said
refyeaieg the charter cf this province, the manner of
obtaining a judgment ageinft the former charters
which was but very imper fed. There was after th^
desolation of the old and before the obtaining the
new, a general affembl, exiting in this State,, which
exsrcifed powers of government, as they thought pro
per, when really there was no cotflitution existing in
the State, and they were upheld bythe people in so
deing ; the general court then ©lifting hid and exer
cifad much the fame powers with the present general
assembly of this St^te. Mr. Goodrich thinks we have
Kill a conftitutieH, and contlituonal authority, he cer
tainly has notftea or heard of the declaration of indepen
dence ; which operates to all intents and puipofes to
throw all the declared Independent States into a State
of nature, and leave# tL•= i<'ta /al l&Wo^ aoptic,
or choice ta adopt any conUitution or form cf civil
government they pleafs :- --'Tis the mod public ad
that can possibly be made or done, that they have in
that case no governmental all, all allegiance, submis
sion, obligation, conneaion nrad dependence, directly
and indireaiy, being publicly in the nioft fa,cred and
folems manner thrown off and rtjeaed. Herb then
gocharurs, covenants, csmpaa„ laws aid conAitui
ons; all is reduced to a perfcaftate of nature. Where
then exi^s the power now ? As the happiness of the
people is the sole end of government, so the cexfent
of the people is the cal, foundation cf it, in refifon,
morally, and the natural fitnefs of things and there
foie every ad of government, every exercifi of sove
reignty against or without the confers of the people,
is i>jultic«, ufurpatiom and tyranny. It is a maxim
in every government, that there must exilt somewhere,
supreme, abfalute and uncoatrolable power, but this
power resides always in the people; hnd it never was
net ever can be delegated to one man or body of men ;
the great creator having never given to men, a right
to vast others with Authority over them unlimited ei
ther in duration or degree. When therefore, kir gs,
princes, governors, or legislators, infixed of exercising
ths powers delegated them, according to the princi
ples of the cenftiturion, eftablilhed b, the original
compa&, prostitute theft powers to the fubveifion of
the confotation, they are no longer to be confaered as
rulers, but public enernissj and traitors, and ought to
lie treated as such. This is ikefpirit of all the decla
rationsmade by theft Independent States. In regard
to governmantit eneral, Mr. Goodrich queries whe
ther the preftent hpufe of affcmbly are ufurper# or not,
he fays, " that all persons opposing conftiiutior al au
thority in general, are usurpers, acd by the laws of
Grd and man, guilty of trfafoi; against the State ;"
and then draws his concluffon, that zither the council
and all others, exciting authority in this St<te;or th#
tofaof Pittsfield, areguilty of tfafon." km he has
b«gg € d the qurftion, and taken it for granted that the
townof Pittsfield haveoppofsd conithutiuMßl authority;
thisihe town of fitrafi^ld deny. Thi political bands
with which see were coßßcaed with Great- Britain,
being by her broken, difolvei the union entirely, & 4
much indeed as if it had been do^e by the soft public
a^ of both parties, made in she iroft folema manner.
But however, wh^n bo E parties have by their molt
public d^h and declarations, declared the union dif
fblved, V?hat foundation can there bi round in the
charter, which was the original compact, fora fotfri
tution, or a part of a coaftitution / There may be
many laws formerly made by the gaueril affimbly of
this St@te, which will do very wed to adopt in 0^
fate of Independence with a little alteration, many wf
which no doubt wi Ibe adopted. But who is to do
this business ? Why persons properly delegated from
the people far that purpoh. Our charter had the
c/o^. for 'lB iddefy nad ev^ty a& or law df this Sta%
lira ^^/^
e* ^ $
a^^
iNf^LLibENC^i.
made in the life of the charter, had a special reference
thereto, andwas febjeft to be reversed apd difanulled
at the pleasure of the crown. Mr. Hampshire fays,
" I take itthat the fundamental laws of a Sta,tG, to
gether with the charter, go towards making up the
conftitutioß. The : ,States of Holland, therefore, ore
,ny other State or Kingdom who have never had ,n
charter, have no confti urion, though they have fun,
damsntal laws, fufficient to secure the rights cf ths
prince, or legislature, and people in all cases whare.
ver He father observes 66 that the bill of rights, the
habeas corpus, and the toleration a&s, are asmuch th@
essentials of the British cenftitution, as niagna charte;
they maybe, but what is this to the purpose ?,Thar
a&s appointing fele&men, and oth,r town officers,
the incorporation of towns, trials by jury, &c. are to
necefrary parts of the confthution, as the charter. ,
These a& have received their exigence from th^
charter, and lire and die with it: this must have
been the Gafe of the repteftqtatives of thi, slate,,
which induced them to feed, out their hand bills im
September last, regarding the people in whom they
hnew the powers of government to exist, ,0 impower
them to form th« meddle ,of a new conftitatiQn; If
timfoie Mr. Hamplhire is right, why did they not
icqueft a power to patch up and mend the old one ?
or rather, why did they a& for any new authority
from the people for any such purpose f and not use
the word „w with regard to the constitution in the
c t &. The f&& is, thaithcru is not one fisgh aft, or
municipH.law, efiihag and in force at any time be
for# the revolution, which can with propriety be ad
mitted by this as one of the free and independent,
states, without mote or less alteration, although thg
Spirit .of &ra all might suit our conditions apd give,
univ^rfal fati#,aicn to the people.. Mr. Hfimpfhire
blends toge her, fundamental, laws, bill of rights,
habeas corpus and tolerate# ^,, mag^ charts, ad^'
appointing feleQ ffien, and ether town officers, incor
poration of towns, trials by jury, &c. though fy.
rate, yvt ntcrT^y parts of our constitution.
In a fubfetfueut paragraph, he crites aloud, " yd
men es B&rkfhire, would you know what yeur cenfti,
tution is? I will.tell you, it may be ftund in ths
Charter, and fundamental laws of this ftatc, wifely
formed and by experience found to be la'htary, and
agreeably to a resolve of the lion, continental con^
greft : the powers of it are veftad in the general sftfr^
bly of this states and that in conformity to the fpirii
and substance of the charter." Here he bottoms hit?
confutation intitely on the charter and a refohe ex
congrefi ; though above he averts that a variety of
things, erftiinfic frera either go to rns'ce up the con,
ftitetion. We are net felly of Mr Hampfiiirt's op^
nion ; we rather take it " that government is founds
&1 in copped, find originate,, in th# people, and
that there is an essential diftinaion to be obferv'd be
tween the fundamental conftitutien of a free state, and
the powers of legislation : ' the fund,mental conftitutiJ
0% is the basis and ground woik of Irgiflation, and
ascertains the rights, franchife#, immhnitie, ,and li
berties of the people ; how ?nd how often officers ci*
vil and military, fyll be.eleffed by the people, and
circumferibing ar.c denning the powers cf the ru'e%
end so awarding a flared, barrier against tyranny and
defyatifm." Nothing ofthis hn been done fi^ce thq
revolution. Who now thin can be mistaken with re
gard to the prefect corfiitutign of this date, as <{
p'lainc'd by Mr, Hampfhi?e ± okr inftruaor and fabri
cator of this fine boasted conhitution ? We have al-<
ways chimed the rights of ^nglifhmen, by virtue of
oer charter, _ before the revolt, apd we had no
thing else to ffiew that we wire entitled thereto., Th 3
nfivic* of congrefi e%ve relerjed so by Mr. Hemp
fhire, by which ho f,s, '' that the powers of go
vere^nt are veiled in the general affimbly of this,,
state, by a receive of the hon. contineßtal congrefi ;"
By this He must mea^ the advice of the congress to
t<i, GateJerne time before (he 23d of January 1776^
viri " That in order to conform as fhar as may be,
to the fpirh and fhbftai;ce of the charter, it b, recom
mended to tb,4 provincial convention, ( to write letter,
to,he inhabitants of the fevcyal places which arc er
tided to re,refentati,n in s&mbly, rsqueftirg thezi
to choose fic* representatives, and that the aftmbl,
when chosen, do ele& councillors; and that such a 4
Drably and council exercise the powers cf govern
merit, ririril a gu^rn&f of Bis m#fafi„a,,Gouw3i%
Both FOREIGN and DOMESTIC.
COU I A M T\
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