Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-04-15 00:00:00, page 2

no fafety for individuals in such a case, unless goodness
Here always united with power; which is not to be
lebkedder, except under the peWe& government of hea
ven. "It is a inhiake (fays the great Mr.LockE) to think
" that th : s fault (the abuse of power) is proper only to
“ monarchies. Other fonts of government are liable to
" it *s well as that; for wherever the power, that is put
" into any hands, for the g Veroment of the people, and
" the preservation of their properties, is applied to other
" ends,, and made ufc of to impoverish, harrafs, or sub
“ due them to the arbitrary and irregular commands of
"those that have it; there it presently becomes tyranny,
" whether thof( that ufeare one or many. Thus we read
" of thirty tyrants ^t Athens, as well as one at Syracuh,
“ and the intolerable dominion of the Decemviri, or
" ten men at Rome, was nothing better. Wherever law
" ends, tyranny begins*''
Even toe union of nut any two of these powers, the
legislative and executive, for example, in one man, or body
of men, would leave no chance for liberty; because they
who make the laws being also to execute them, they
would be led to frame oppressive laws, for the fake of
the power and wealth which thy might derive to them
selves, by carrying such laws into execution.
Again, there is no liberty, if the power of judging be
not separated from both the other powers. For where
the fame persons who make the laws, are either to exe
cute them, or to judge of their execution ; the life and
liberty of the fubjebi are wholly at their mercy. The;e
principles are general, and they may now be applied to
particular examples.
" In Turkey, these three powers are united in the Sul
" tan's person, and therefore the fubje&s groan under
" the weight of a most frightful oppression."
" In the Republics of Italy, where these three powers
" are united, in a ftarding body of magistrates, there is
" less liberty than in our monarc hies ;" meaning those of
France, Spain, &c. " Their government is obliged to
have recourse to as violent measures for its support, as
even that of the Turks—what a situation must the poor
fubjed be in, in these republics !" The fame magistrates,
as a body, are absolute in every thing. By having the
execution of the laws, they possess whatever powers they
are pleased to give themselves in making them. They
may plunder the state without controul. For, they firlt
of all, in the character of lawgivers, appoint what taxes
they please; and, being also the executors of the laws,
these taxes come into their own hands, and may be put
into their own pockets. Being likewise themfelvesfafys
amidst all these oppreflions, no man can have a remedy
against them, and " every private citizen may be ruined
by their particular decisions. Although in such a state,
there is no external pomp (such as arbitrary Princes have)
that indicates tyranny or despotic sway ;” yet the people
know it by a hirer mark—“ They feel it every-mo
ment." Even at Venice, where the power of the magi
stracy is said to be somewhat foftened, by having different
tribunals erected, which temper each other, there is still
this mifchief—" that these tribunals are composed of ma
gistrates all belonging to the fame body, which constitutes
amoft one and the fame power," unaccountable to any
other.
These three powers ought then, for the preservation of
1 berty, to be lodged in separate bodies, and made to con
t >ul each other. Montesquieu adds, that for the greater
fdety, the judicial power ought not to be given to a
Standing senate ; but that the judges ffiould be of the
fame Ration as the accused; or, in other words, their
Peers— amenable to the law ; only its mouth, and guided
wholly by its decisions ; that, in criminal cases especial
ly, it is proper the person accused should have the privi
lege of chufing in some measure his judges (that is, in our
constitution, a jury) in concurrence with the law, or at
lead he should have a right to except against so great a
number, that the remainder may be deemed his own
choice.
The application of these general doctrines to the Eng
lish constitution, the corruptions that have crept into it,
with the power left in the people for bringing it back to
its first principles, and rendering it faftr for us than any
other we can probably substitute in its room, are im
poi tant Sulje&s, and too copious to be difeuffed in this
letter. C A T O.
LETTE R 11.
To C A T O.
P EFORE I enter on the more immediate purpose
of this letter, I think it necessary, once for all, to
endeavour to fettle as clearly as I can, the following
point, v i ze How far personality is concerned in any poli
tical debate. The general maxim is, that measures and
not men is the thing in question, and the maxim is un
deniably just when rightly understood. Cato, as a refuge
for himfelf, hath quoted the author of Common Sense, who,
11 his preface fays, “ That the object for attention is the
doctrine itfelf, net the man ;" that is, not the rank or con
dition of the man ; for whether he is with those whole
fortune is already made, or with those whose fortune is
yet to make, or among those who seldom think or care
whether they make any, is a matter wholly out of the
question, and entirely confined to himfelf. But the po
litical characters, political dependencies, and political
connections of men, being of a public nature, differ ex
ceedingly from the circumstances of private life ; And
they are in many inflances so nearly related to the mea
fur^s they propose, that, to prevent our being deceived
by the latt, we mus be acquainted with the firft. A to
tal ignorance of men lays us under the danger of raif
taking plausibility for principle. Could the wolf bleat
like the lamb, the flock would soon be inticed into ruin ;
wherefore, to prevent the mifchief, he ought to be fa
as well as heard. There never was, nor ever will be,
nor ever ought to be, any important political debate car
ried on, in which a total Separation in all cases between
men and measures could be admitted with Sufficient fafe
t• # When hypocrisy Shall be banished from the earth,
t le knowledge of men will be unnecessary, because, their
measures cannot then be fraudulent; but until that time
come (which never will come) they ought, under pro
%r limitations, to go together. We have already too
much Secrecy in Some things, and too little in others ;—
were men more known, and measures more concealed,
we should have fewer hypocrites, and more Security.
(For the remainder fee the Fourth Page.)
For tie PENNSYLVANIA PACKET.
A PROUD imperious Court has been opposed in
an attempt to destroy the Rights of America,
founded on every sacred obligation that could fe^ure
respect for them; and in prosecution of this injustice,
the fame Court, and its abettors, have pradtifed every
ijury a>d insult, that fortune and their own fafety,
have put in their power ! If therefore America be net
in afiliation to cruft) Great-Britain for future injuries,
if compete fotisfaCion for the ptefent irjufiice is net re
quired, and security against future wrongs, will it not
be attributed to disgraceful pallions, and lead diredly
to future injuries? The following passage from M.
De Vat tel, a much celebrated writer on the Law
of Nature, is fubnritted to the consideration of those
to whom America may confide the arduous business of
fettling the prelent dispute, by an American.
“ EVERY one is permitted to recede from his
rights, to abandon a just fubjed of complaint, or to
forget an injury. But the conductor of a nation is
not, in tins refpecl, so free as a private person. The
latter may hear only the voice of generosity, and in an
affair which interests none but himfelf alone, deliver
himfelf up to the pleasure he finds in doing good, to
his love of peace and tranquility. The representative
of a nation, the Sovereign, cannot consult himfelf, can
notabandon himfelf to his own inclination. He ought
to regulate his conduct on the greatest advantage of the
state, combined with the universal good of human na
ture, from which it is inseparable. It is necessary that
on all occasions, the Prince should confider with wis
dom, and execute with firmnefs, what is most salutary
to the state, most conformable to the duties of the na
tion towards others; and that he should at the fame
time consult justice, equity, humanity, found policy,
and prudence. The Rights of the nation are benefits,
of which the Sovereign is only the administrator, and
he ought to dispose of them no farther, than as he has
reason to presume that the nation itfelf would dispose
of them. And as to what relates to injuries; it is of
ten laudable in a citizen generously to pardon them.
He lives under the pioteßion of the laws,, the Magis
trate knows how to defend, or to revenge him on the
ungrateful and miserable wretches, who emboldened by
his goodness, offends him anew. di nation has not thefame
defence: Seldom is itfifefor it to dissemble or to pardon
an injury, unless it be manifeftly in a situation to crush
those who are so rash as to dare to offend it. It is then
glorious to pardon those who acknowledge their faults:
“ Parcere fubje&is, et debellare fuperbos: And it
may do this with fafety. But between powers that are
nearly equal, fuffering an injury, without requiring a com
plete fatitfaflion, is almost always imputed to weakness or
cowardice; it is the means of soon receiving from them
those that are the most attrocious. Why do we often fee
quite the contrary pra&ifed by those who imagine that
they are elevated far above other men ? Scarce can the
weak, who have the misfortune to offend them, make sub
missions that are Efficiently humbling : They behave with
more moderation to those whom they cannot punijh without
danger."
©§4 +4 —,*+-++++* +++++*#§
CAMBRIDG E, fyl 4 .
A FAVORITE toast in the best companies is
“ May the INDEPENDENT principles of
COMMON SENSE be confirmed throughout the
United Colonies."
We hear that io or 12 transport vessels, supposed
to be from England, arrived last Thursday in Nantafket
road, where four or five of the enemies ffiips of war
remain.
N E W- Y O R K, April n.
By a gentleman who was present last Lord's day on
Staten Island, about nine miles from this city, we are
informed, that the Riflemen, who were Rationed on that
island to guard it against the depredations of the mink
fterial robbers on board the King's flrips in the bay, had
received intelligence that the Savage sloop of war and
a tender had come as near the shore as they could with
fafety, and had sent on shore two of their boats and a
a number of men, who had placed a centinel with his
musket and colours on an eminence: When our Rifle
men appeared the centinel fired, struck his colours and
ran for the shore with all his (peed; in the mean time
the ship began firing to cover the embarkation of her
men, who were all flying to their boats, but our brave
Riflemen, with unparalleled agility, out-ran them, and
notwithstanding the fire from the ship, surrounded the
men, took ten of them prisoners, and secured one of
their boats, the other pushed off with two men in it;
one of the Riflemen ran after it in the water, but mif
fing his gtafp, fired and killed one of the men, who
fell overboard, the other by lying on Iris back rowed
to the vessel. The Savage kept up a continual fire for
feme hours, without the least hurt to any of our men,
who lay snug behind the rocks and defied their thun
der, and at lucid intervals fired at the flrip. One man
was seen to tumble off the quarter-deck into the water,
whom they took to be an officer. More, it is thought,
were killed. In a few hours there was not a man on
board the ship appeared on deck; the tender flipt her
cable, and the flrip cut her's, and both fell down with
the tide, which proved kinder to them than the Rifle
men. ) hey left behind them one standard, one mus
ket, twenty-seven iron bound calks, a cable and anchor,
a speaking trumpet, watch coats, &c.
P II I LADELPHI A, April 15.
In CONGRES S, ,pri
W HEREAS by the third article : % \
tion, entered into by the late Continental Con
gress, at Philadelphia, on the 24th day of October, in
the year of our Lord 1774, it was agreed that from
that day the inhabitants of the United Colonics " would
not purchase or use any lea, imported on account of the
EcdLlr,dia Company, or any on which a duty had been
or should be paid, and from and after the firft day of
March, then sext following, they would not purchase
or use any East-India Tea whatever." And whereas
it has been represented to this Congress, that the time
as aforefaid limited, for the consumption of the Tea
then on hand, was too short, whereby many zealous
friends to the American cause, who had imported
large quantities of that commodity, with design not
merely to advance thejr fortunes, but to counteract
the plan them purfaed by the Ministry and India Com
pany, to introduce and fell in these Colonies, Tea fub
jed to duty, are like to become great fufferers ; the
greater part of the estates of many of them being vett
ed in that article, and they by that means rendered in
capable, not only of paying their debts and maintaining
their families, but alio of vigorously exerting themselves
in the service oftheir country. And whereas it was
originally the design es Congress, that all India Tea,
which had been imported agreeable to the tenor of the
Hid Affectation, might be fold and consumed, but the
time limited for that purpose proving too short, Refolded,
That all India Tea imported as aforefaid, expressly
excepting all Teas imported by, or on account of the
East-India Company, now remaining on hand in these
Colonies, be fold and used.
And whereas from the future importation of Tea
being prohibited, fame Tea-holders may be tempted to
avail themselves of the scarcity which will be occasion
ed by it, and exad exorbitant prices for an article of
little real value of itfelf, and which owes its worth to s
habit in many refpe&s pernicious to the inhabitants of
these Colonies,
Resolved therefore, That Bohea Tea ought not to be
fold in the smallest quantities at a higher price in any
Colony than at the rate of three fourth parts of a dol
lar per pound ; and other Teas at such price as shall be
regulated by the Committees of the town or county,
where the Tea is fold; and that all persons who A,JI
either give or take a greater price for it ought to )e
considered as enemies to the American cause and treat
ed accordingly: And it is earneftfy recommended to
all Committees of Infpedlion and Observation as well
to be vigilantin carrying this Resolve into execution, as
those which prohibit the importation of India Tea from
any part of the world; it being the desire of Congress
to exclude all Teas except such as may make part of
the cargoes of prizes taken by the ships of war or pri
vateers belonging to these Colonies.
Extract from the Minutes,
CHARLES THOMSON, Secretary,
From Sussex County on Delaware we learn, that a
small schooner, the property of Mr. Nehemiah Field,
of Lewis-Town, returning from St. Euftatia with some
stores, and having information of the Roe Bwck man of
war being in the road, came to anchor a few miles
southward of the Light house, and sent a messenger to
Lewis, desiring assistance to difeharge the cargo: A
company of Continental troops (of the Delaware Bat
talion) Rationed at Lewis, were immediately ordered
to march to the affiftar.ce of the schooner; in the mean
time the schooner perceiving the man of war's tender
bearing down upon her, endeavoured to get into Indian-
River, but not effecting it, she run ashore near to Mr.
Henry Filer's pilot-boat, (which some time tince had
been run ashore by the 3d Lieut, of the man of war and
three hands, who were all taken prisoners) The Com
pany having arrived, got behind the vessels on shore,
and waited for the tender, which when within 200
yards distance fired a broadside; a hot fire from both
tides endued, which lasted near two hours, and the
tender was finally obliged to sheer off without having
effected her purpose, but on the contrary with the loss
of several men, as many were seen to fall. The cargo
was fafely landed from the schooner and secured, with
out the loss of a man, either killed or wounded. The
militia officers at Lewes behaved with that courage and
magnanimity which dees honor to their country.
Philadelphia County Committee, April 8.
WHEREA Sit has been recommended to the
AfTociators of this province, by the Honourable House
of Assembly, that every Associator ought to be provi
ded with proper arms and accoutrements: And as the
uncertainty of the destination of the British army, under
Gen. Howe, makes it nece/Tary that we should be as
much as possible on our guard;—
Rejolved, That it be recommended to the different
Colonels of this County, that they do require every
man in their refpedive Battalions to be provided accor
dingly, and hold himfelf in readiness to march, in case
of necessity, at an hour's warning.
Extract from the Minutes,
ENOCH EDWARDS, Secretary.
*, The uncommon scarcity and high price of paper in
general, with the impoffibitity of obtaining the large Jort,
obliges us for the PRESENT to print the Packet
on the ufualf^e.