The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1782-12-21 00:00:00, page 2

TO the wisdom of the legislature as the fountain
of justice, a r e these observations submitted : that
b dy being the author of good or bad to the people,
should underhand their real interests, and aft as the
guardians of their profperify and happiness. When the
representatives of the people cease to attend to those
objects, and constitutionally to provide for them, the
guardianship reverts to the people themselves, and
they will be fools indeed' if they neglect to Secure those
ends. Vain are the feeble attempts, in a free state, to
govern the people by laws that are repugnant to their
general interefi. Force, and not duty, must procure
fubmfliou to them. What is the force which is not
Hireßed by the will of the majority for the public
good? and where is the public good which compre
hends not the interest of the majority ?
Solon, when he gave laws to the Atheneans, confi
d red their difp< fition and their circumflances, and a
dapting his laws to both, corrected imperceptibly
whatever was bad; and, by his prudence, laid the
foundation of food government. Force and freedom
are, in some degree, incompatible. In a free govern
ment the people acknowledge no force but that which
is derived from the authority of the laws; and the
laws themselves derive their authority from the inter
est and convenience of t h e people. Hence it is that
laws arenot duly executed in a free government, which
being made for the good of the community, produce,
in the execution of them, more injury than good.
They arc tacitly fufpendtd because their operation is
pernicious. It is expressive of the general fen'e of the
community, and is the best criterion to direct the
judgment of the legislature, with reiped to the views
and inti-rest of the community itfelf. If t ere be any
thing existing in tte laws which is repugnant to the
interest and happiness of the people, it should no
longer txift: It will deflrey the operation of that
which is good, and lay the foundation of anarchy.
Let us look hack to the old government, and take
a view of the administration of juflice. The laws were
good, but they were no where more neglected; and
justice was badly administered. Was it owing to the
want of energy in government? That could not be.
It had all the energy of a British government, but
, the people were not free. They had no will, nor the
power of directing measures under the government
for their own good. Their trade was monopolized
and directed to the interest of their maflers; the few
were rich, but the many were poor ; they were hew
ers of wood and drawers of water. In this fituadon of
things the powe r of the laws submitted to the feelings
of the people, and justice weeped at the fight of their
oppression. A tacit suspension grew out of general
consent, urged by general interest. But the bad was
confounded with the good ; the operation of the whole
became feeble; and government itfelf pompously hast
ened the period ofits own dissolution.
They who are friends to the present revolution, will
do well to.look into the history of revolutions, and to
, profit from experience. Let them observe the various
expedients by which they are brought to a favourable
issue, and finally eftabliftied. And, lit them laugh at
the solemn stupidity of those who demand the applica
tion of the rules and forms of common justice, when ne
ceffity has superseded them all, the better to perform
the great work. What are the rules of distributive
justice by which this great revolution h s hither 0 been
conducted? Are they not the expedients of neceffi:y
which has resolved all things into one general princi
ple, the fafety of the whole community? How then
can justice be preserved among individuals, in great
political revolutions, when the power of compelling it
is at lead suspended ; and the means of rendering it per
petually fubjefled to the necessities, and to the arbitrary
difpofsl of the community itfelf! In vain will you look
back to the difireffes created by it; in vain will you
look forward to after cempenfations. The one is part
all remedy ; the other too momentous to be undertaken
and too weighty to be borne. The whole is the work
of necessity and of felf-defence. 'Tis unavoidably car
ried on by temporary expedients, which consumes the
property of one, whilrt that of another remains untouch
ed. Where there are no rules none can be applied.
The society is farming; it is not formed. Life, liber
ty and property are all at flake in revolutions: dur
ing the conflict, every individual endeavours to secure
them all, and finally is established in that which he has
saved. The security of those dear bought privileges
is the greater and best compensation the individual
can receive from the society he has endeavoured to efla
blifh. To bring into the account the losses which he
has fuffained, and to appeal to diflributive justice
which did not, which could not, exist at the time, for
retribution, would be a phenomenon in revoluti
ons. The principle is inaimiffible, and the practice
upon it impossible. The saving of the whole commu
nity would not admit of the difiribution. Who then
shall fay, let us go back to the commencement of the
revolution ; examine the Gate of things, and compel
the justice due to individuals at that time? The time
is long, and many and great are the changes that have
happened. He fees not the difficulties which surround
him ; he knows not the extent of his proposition. It
is the offspring of folly or wickedness ; it requires in
vestigation. Does th" legislature advocate the claims of
British fubjeds against the people? They are not a
ware of the consequences. 'Tis flepping into the gra^e
to bring forth the dead bodies of the fathers, to be
placed before the children as monuments of the folly
of their anceflors. 'Tis preparing them for slavery or
death —to resist with violence the laws of the present
eflablifhment, or to become the humble supplicants for
British mercy. 'Tis renewing the connexion with Eri
tain, and creating an interest in a part of the commu
nity toMupport it at the expence of another part. A
w^y with these (peculations, which lead to divisions
among us deftrudive of the public good. Their claims
are abfolete and done away with the government un
der which they were founded, or discharged by the
Frera the Virginia Gazette, dated November 23, 1702.
The Independent Whig,
rifque and (offerings of the debtors, in defence of them
selves and their property. More rational would it be
to propose an abolition of all claims, and a division of
all property, that as fufferers in one common cause, re
tribution might be found in one common stock. The
British nation hath no right to claim an interest in this
fiate which it has forfeited, nor hath a British creditor
a right to claim that which has been risked and saved
by a citizen of the state.
He has risked all; if he has saved all, he stands ac
quitted against such claims, in the eyeof j uflice and in
the nature of the war. The date itfelf can have no right
but that which may be derived from consent ; the au
thority of government, passed under the laws of nature,
and a new government is established by the mutual a
greemeot of the people. The right of the British fub
jeH being forfeited by oppression, the necessity of re
finance has reduced the citizen to the Rate of nature ;
the right is vefied in him by possession, and supported
by his unequal flake of life, liberty and property, a
gainst it. He hath not only saved it from the ravages
of the enemy : he bath fulfilled also his obligations to
the new government. But he has been victorious to no
purpoteif he is called upon to make restitution out of
what he has saw % - if he is thus placed in a worse fili
ation than his enemy,againft whom he h r -d risked whate
ver was dear and valuable to him. What! shall the
interest of British fubieCts be advocated by citizens of
this fate? Shall they be taught to demand restitution
against the cleared principles of judice ? Shall the citi
zens of the state alone be (offerers from the ravages of
the enemy,and the plunderings and bankruptcy of go
vernment? And shall this government constrain them
to yield to such a demand ? Happy are the people when
those to whom they commit their intereds have wis
dom to difeern and virtue and Spirit tofupport them.
When a nation independent, and acknowledged to be
so, engages in war against another independent nation,
the mode of warfare is different from that in revolution',
and accords with what is eflabliihed as the practice or
law of nations. In such cases, reference may be made
to independent mediatorial powers, who decide accord
ing to the practice or usage of nations. Butin revo'n
tions no mediatorial power of right may interpose. It
is interfering with the municipal government of a state ;
and jurisdiction cannot be Submitted to Here the re
volted are pursued with all the violence of oppression,
and must defend themselves at the risk of life, liberty
and property. During rhe conflict, the municipal law
is abolished, and the law of nations cannot apply. The
law of nature or felf-defence becomes the law of the re
volted, and al means are justifiable. In vain do they
urge a regard to the law of nations, in the mode of war
fare. To extend it to them, is relinquishing the claim
upon them. Life, liberty and property, therefore,
can only be preserved by success. If the revolted are
fuccefsful, the right, the interest, and the authority
of the oppressor cease. They Band confirmed in their
possessions, against the oppreffo or any claiming by
the authority of his laws. They form a government of
themfelves,and are directed by their own municipal laws.
They take place among independent nations,and thence
forward are bound to conform to thelaws of nations.
What has been the condition and the conduct of this
state? I,ook back to the days of your oppression. Has
any forfakeri you? He has forfeited all interest among
you, and can be admitted to return only by your own
consent. Look back to your juFificative declarations,;
you have made the severity of the British nation your
plea for revolting. Did they not declare you to be in
a state of rebellion, and out -f the protection of the
realm? Did they not Subject your lives to forfeiture,
and your property to confiscation ? Did th^y want any
thing but tie power of conquest to carry these laws in
fo execution ? Did they not even legalize the murders
and rapine commit d under the authority of your ex
ecrable g v^rnor, the lo±d Dunmore? And did you not
recite all these timings to prove the necessity of felf-de
fence, and to juftify your declaration of independence?
For what then have you refilled? That you might ex
pose the lives and property of your fellow citizens to
the relentle s fury of the British nation ?—unable to
protest themselves; and unprotected by you ; that you
might reduce thousands of your fellow-citizens to
wretchedness and mifeiy, whilst you draw f r om them
the (mall portions of their property which hath escap
ed the devaflations of the enemy and tiie wants of toe
state, in order to preserve to Britifi Subjects thei for
mer interests? Humanity, forbid the attempt! The
scabbard is ready to fall from the (word—and the Spirits
of the dead, who have fallen in opposition to British ty
ranny, bid us prepare to renew the conflict and com
plete the victory.
There is nothing on which the greatness and happi
ness of a date so much depend, as the due execution
of the laws and the administration of justice. Whenever
these are obstructed, misfortune begins, and the state
soon grows weak and contemptable. It behoves the
legislature of every country, carefully to confider the
disposition of the peeple and the nature of the laws ; to
remember that laws are made for the people and not
the people for laws: and consequently that the
authority of government has its foundation in the in
terest and happiness of the people. These reflections
cannot escape the legislature of a country now groan
ing under the wounds it has received, and Bill flrug
gliog in defence of its liberty, against as tyrannical
laws as ever exifled. The circumstances of this coun
try with refpeft to British debts are peculiarly interest
ing; and the bulk of the people know not the extent
of the demands against them, or those who advocate
them. They take to their friendship the secret work
ers of their own deftrudion, and submit to the influ
ence of arguments deflruHive of the state itfelf. The
payment of British debts in any form, is an obstructi
on to the eflablifhment of good government, and re
tards the administration of juflice. The tree is not
permitted to take root and grow up : left the fruit it
may bear, shall produce the evil that is dreaded. In
vain will the legislature ena& laws which the people
cannot submit to. They must either discountenance
the execution of all, or violently resist the force of one.
The legislature cannot make restitution for the fuffer
ings of their own citizens; in vain will they demand it
for the fufferings of British fubjeds. It brings back
upon them claims innumerable, which must previously
be fatisfied, and which they are not prepared for. Shall
it be asked who is the author of these sentiments ? He
is one who was indebted to British fubjeds ; who, was
in peffeffion of a good patrimony; and who had, be
sides, fufficient in the hands of others to make the pay
ment. He is one who, as a good citizen, has flood
forth in the defence of the state; who has yielded up his
property to its use, without compensation; and whe
hath found an abolition of his claims, in that species
of money which the public necessities forced as a substi
tute upon the best citizens of the state, to emancipate
it from the shackles of slavery.
Will the public make him reparation for all his loss
es; or (hall he pay the residue of his patrimony to the
author of his misfortunes? He speaks for thousands
who are yet silent, because they know not the measure
of the wrongs preparing for them. It lays open to us
a field which we cannt look into without horror!
Thousands have deeply felt the miseries of the war :
and yet thousands more would be made wretched!
The public is not prepared to do justice, to retrieve
its wounded honour, or to difeharge its broken faith!
Surrounding difficulties croud upon us, and we are
brought into a labyrinth almost inextricable. It is in
the wisdom of the legislature, therefore, that the fafe
ty of the state will be found. It behoves them to
confider how these great claims are to be tdifeharged,
before they attempt to re-eflablifh them. They
should have died with the old government and never
have arisen again, but in the honour and confeience of
individuals. They should now by an unequivocal de
termination, stand abolished in the eye of the law
from the commencement of hostilities, that justice
may be henceforth unfettered, and government estab
lished on a solid and lading foundation; that future
generations may find a blessing in the great work of
the present, and the present generation sooner forget
the calamities of the war. The necessities of the state
are great and pressing; they call for every exertion of
the members in its support; the present ability is
not equal to its wants, and a relaxation at this time
may prove fatal. The profpea may be flattering to
some; but viftory has not yet declared in our favour;
and, if it had, the revolution is not yet compleaC
To bring about a revolution is the work of a day ; so
establish government, security and happiness, will' be
the work of years. But there is a delicacy with re
fpe& to British fubjeds which it is difficult to account
for. The repeated determinations of congress, and
the proceedings of other states, have not yet been a
ble to remove it There is a tenderness expressed for
their interest, which seems not to have been felt for
our fellow citizens; —-^ .
From the South-Carolina Gazette, printed near Char
leftown, by Mr. Benjamin F. Dunlap, dated
Odober 2, 1782.
HIS army's novel and cruel mode of warfare:—
After plundering to apply the all consuming fire;
ruling systematically, wherever they prevailed;
with an overbearing haughtiness and studied oppreffi
ou, as if to equal the cruelties displayed at Amboyna
and Calcutta ; appointing invariably a certain sett of
men to rule, not only from their knack of forceing
themselves into, and ingrafting and keeping of places,
but as being more congenial to them to fleece, harass
and goad the people; felling upon, as if felons, con
fining in loathsome dungeons and prison-ships, and ba
nifeing their country citizens, surrendering on ca pitu
la%on, for no other crime than gallantly defending
their city (crowded with women and children, and
scant of provisions) for upwards of forty days, against
more than four timts their number, with the assistance
of a powerful lea armament, and persevering in an in
flexible integrity and attachment to their country's
cause; heightening this heart-easing spite against
these men (who, if they thought the capitulation
would not have secured rhe Populated security, in per
lon and property, tottem arid families, would rather
hive died, drenched in blood) by banishing after them
their wives and children, ^ then more helpless and
distressed, and mat ev, with adding insult to a denial
of requests, of some little assistance from their husbands
and fathers secured estates, the better to enable them
to provide tor their voyage and to subsist in a flrange
country ; compelling prisoners of war, paroled to the
city, to illuminate, whn the freak took them to ima
gme their unjuflly and unnaturally wielded arms had
gained any advantage, on pain of having their houses
pelted and shattered by rufpans employed and inftruft
ed for the p.urpofe ; profaning some of the temples of
the Mos ihigh GOD, and having such spite against
others, as by fire to lay them in ashes ; putting men
to the ignominious death of the halter, without a trial;
giving secret orders to the depriving some of their
lives with the most savage barbarity, who, from having
their certificates of protection in poffiffion, thought
themselves to be in the mos i perfect security ; Slivering
(as they with a deal of pleafamry call it) surrendering
prif^rs, exulting in the tragic fight and Gey-rending
expiring groans; plundering their proteßed indiscrimi
nately with the unrrotefled, widows and unmarried
ladies not escaping their relentless ferocity and avidity;
confiscating even the property they had made secure by
capitulation; violating their capitulation in every in
ftaiKP; insulting, too fllocking to relate, the persons
of delicate women, Gripping them bare of their, and in
fants^earing apparel, in spite of mofi moving intrea
ties of forbearance and shrieks piercing the fki^s, fuff,
cient to melt any but the heart of Qeel : carrying b:l
---lets, in etirft, little Ihort of taking by force the whole
houses, flables, gardens, furniture and servants front
Mr. DUNLA P,
As a minute detail of barbarities exercised in this state
by his Britannic majesty's forces, cannot be com
prised in a Gazette, you'll therefore be pleased to
insert only some general heads thereof, for transat
lantic perusal, viz.