The New-Jersey gazette — Burlington [N.J.], 1781-04-18 00:00:00, page 1

IN my last I have endeavoured to shew the dan
gerous want of fufficient power in Congress.—
Perhaps some of my readers will be somewhat
furprized at my pleading for giving more power
to a body, whose proceedings 1 had before Ihewn to
have been exceptionable in several respects. But let
my readers reflect upon the hint in sth particular un
der the fubjedt of mis-rule of government, No. 111,
and they will find my sentiment then the fame. Tho'
I fear there have been some bad members in that ho
nourable assembly, yet I doubt not but there have
been tull as bad, if not worse, in the legislature. If
so, ought therefore neither t\> have fufficient ,power
for the purposes of their appointment ? And I am Sa
tisfied, that many defaults of government are cither
ascribed to Congress, where Legislatures were to be
blamed; or that the want of proper power in Congrets
has been the true cause. Anri I really and finccrely
fear, if this evil in the constitution of the government
of this empire is not redretfed, we will bill more re
pent it. Every republic!;, particularly an extensive
one, must fink under the burthen of its own weight,
except the distant powers are fufficiently collected to
support it. The contracted republick of Holland
could not have fapported itfeif had it not been for
their solemn confederation; on which the powers of
their States General depend. In consequence of which
I remember to have read, that, at one time, the pro
vince of Utrecht refufing to bring up their quota of
money for the support of the common cause, the
States General ordered their army into that province
and forced a compliance. Which, however dilagrec
able, appears, in case of unrealbnable obstinacy, ab
solutely necessary for the preservation of the whole.
And there seems the fame reasons, and no more dan
ger, for the different Rates to submit such general
powers to Congress, than there is for the different
counties to submit theirs to the Legislature of the
Rate. These matters 1 fugged from a mere concern
for the well being of my country. I have not the
feaft concern or correspondence with any member in
Congress ; and my circumstances in life are such that
I have not the lead dillant profpetit of ever becoming
one of its members. My country's welfare is my
darling object. -To the former two capital reme
dies I add,
3. That government enact laws, and execute them
with spirit, for curbing the pernicious effects of malici
ous machinations again# the fates, and the preserva
tion of good order, and the property of the fubjeds. This
is the very life and source of vigour to civil society in
a time of danger ; and the rev^rfe unavoidably leads
into decay. All nations in alleges afford demon lira
tive evidences in support of this obfervatiom —ls our
laws are infufficient for these salutary purposes, my
knowledge is not fufficient to point out the defers.
But the executive powers will be pleated to pardon
me, if I make bold to offer some remarks on matters
of their department.
As to courts ofjuftice, the general clamours of their
supposed negled affords me piin. I wuh there may
be no foundation for the general rumour, That when
culprits, guilty of the mod heinous crimes againtt the
state, arc apprehended, they generally escape, or trial,
or punifoment after trial. If these alieriions are true,
they arc undoubtedly alarming to the community.
For the very end and purpose for which the fubjetts
have yielded many of their inherent rights to govern
ment, and pledged their allegiance to them, was for
the preservation of then- peace and property : If
therefore government permits individuals to diftui b
either of them, they betray their trull ; become ac
cefl'ary to the crime ; and by receiving their pay for
a principal business neglected, rob the publick. These
generals, applied to particulars, shew, that if a cul
prit escapes before trial, government is answerable
for it to the community. The publick is at the ex
pence of prisons, and what belohgs'to fafe keeping
of prisoners ; but the fafe keeping itfelfis committed
to the refpe&ive government departments, and there
fore the community has a right to demand justice, and
not permit themselves to be parried off with trifling
exeufes. Under these may lurk abandoned villainy.
If a culprit is tried, and the penalties of the laws not
adjudged or executed according to the crimes or guilt,
which lay within the power of the court to know, this
constitutes a greater misdemeanor. Isa court should
be inclined to favour 2 prisoner at the bar, they may
easily omit some responsible evidences, or so manage
them as to prevent the jurors' verdict against him,
though guilty. Ido not lay this to the charge of any
NEW-JERSEY GAZETTE.
Mr. COLLINS,
[Vol. IV.]
Number 111.
WEDNESDAY, April 18, 1781.
n onrt proceedings among us ; I declare to have no
fufficient reasons for such charge, but I hint it as a
warning. The suspicions of many in the community
are awake to criminal proceedings ; as to their true
causes lam not competent to judge. If there should
be any real foundation for such murmurs, God for
bid it should proceed from bribes: I rather would
fappofe they would have proceeded from a notion,
that punishing one or two leaders in a gang as a ter
ror to the rest, is fufficient. But it is evident, that
this belongs to the legislature to judge of, not the
court. That must take the law as it is, and by all
due and proper menus execute it, without any pre
tence to judge of its right or wrong. For in such case
the execution of every law might be suspended ; be
cause the court might judge it improper. What then
would become of the Rate? I clearly conceive that
any judge, proceeding upon such principles, deserves
to be removed from his office. Moreover, I think
such a notion is evidently wrong. For view this in an
other case—Soldiers enlist in the army, being encou
raged by their bounty, pay, and rations; they know
I they enter upon danger ; if they knew their officers,
who lead them on, would only be aimed at, they would
think their danger lei's : But if every soldier expected
inevitable death if he wa§ to be led against the enemy,
who would be got to enliit ? Just so with such gang.
Their object is enticing, and.are encouraged by a
perhaps they may escape ; and if they are apprehend
ed, every one hopes he will be among the number
that will escape puuifhment. But if every one ap
prehended, guilty of a capital crime, was duly pu
nished, and none efeaped ; who would be encouraged
to venture ?—Therefore, may our courts of jultice,
in this critical day, be impartially engaged to prose
cute offenders according to the laws of their country 1
And, my fellow-citizens, be cautious, and not be
lieve ungrounded surmises, or propagate them to the
prejudice of an inftitiition so necefiary and ufeful to
civil society. If friends to their country find reasons
for suspicion, let them investigate the matter, and
prosecute it to effed. Your own representatives are
bound to redress your grievances.
As to courts-martial, it is obvious how much the
peace and fafety of both army and nation, in time of
war, depend upon the due and impartial execution of
those laws. The depravitv of human nature, influ
enced by felfilh principles and views, expole the gen
tlemen, to whom the execution of these laws is com
mitted, to the danger of partiality in the abide of their
power, or negleft of their duty. A possession of pow
er, particularly in those unaccustomed to it, too ge
nerally creates a haughty, domineering difpolrtion,
which is a strong temptation to overlook the rights of
non-commissioned individuals ; and where-ever such
a disposition obtains sway in free popular Rates, per
nicious confluences to the publick mult ensue. An
other danger is, when officers are impeached by the
community, or non-commissioned citizens; those who
are to judge arc evidently expoled to the hazard of
prejudice in favour, of their commifiions : And from
this hazard proceeds the general jealouty, respecting
such judicial proceedings, in the community, both
with relied to the army and the military affairs of the
militia. And therefore it is of the highelt importance
to the peace and confidence of the citizens at large,
that all such trials are conducted with all possible and
demonstrative evidences of ingenuous impartiality.
Ifeniprits are permitted to escape just puniihment, it
evidently encourages pernicious practices in every
military department, and creates suspicions of all
such proceedings ; \fo that the chdra<fters of truly in
nocents, acquitted from falfe afperlions by courts
fufpedted of partiality, often fuffer in the esteem of
their country. Hence is evident, that the ftrid and
impartial execution of jultice in these courts is of
great importance, as well for the due preservation of
the characters connected with them, as for the good
of society. Where is a friend to his country, whole
feelings are not wounded, when he reflects that Be
nedict Arnold had been impeached, and honourably
acquitted by a court-martial ; and now, after his at
tested treason, to hear it generally allowed that the
charges then alledged against him were true ? To ob
serve a Director- General honourably acquitted, and
that acquittal inveighed against with many plausible
reasons, as procured by unfair and partial proceed
ings ? To fee a militia General publickly defend a
field officer fufoeded of mifcondudt, whom general
report altert to have then not adted under his imme
diate cognizance, and previous to any trial. Must
not any subsequent court, appointed under the di
redion of that General for the trial of such an officer,
become liable to suspicions ? I need not shew how ex
ceeding pernicious such suspicions are to us, parti
cularly in pur present circumftan^s.
THE
4. Another capital remedy is, Let our legislature be
truly and zealoujiy engaged to invefigate and redrefo
ever, grievance of the people. I fay, let the legislature
do this, because they are the representatives of the
people ; the source of our civil and military powers :
And therefore such as neglect or abuse them are re.-
fponfible to those who have entrusted them with these
powers ; and to those alone have the people to apply
for redress. The Parliaments of England, while no
minions of the crown, have at all times proved the
bulwarks, in that nation, against the corruptions of
the court. And in our states they are entrusted with
these powers, for those valuable purposes. Hence a
redress of grievances is one important branch oftheir
business. And I feel confident, if our legislature was
to take up ten or twelve weeks in inquiring into the
causes of the present murmurs and complaints, and
tedrefling them, they would do their constituents ir&
nitely more service than in palling a number of laws.
Let them begin in their own body, and make the ne
glect and mifcondud of former kgdl\tures lerfonsfor
amendment to themselves.—Let them proceed to
Congress, and examine what evils have proceeded
from a defeat of the national constitution ; what from
the mismanagement in Congress ; what from the offi
cers of Congress. Whether the expenditures of pub
lick monies have been properly accounted for; if not,
what the reasons are? Whether proper ways and
means are provided to bring publick defaulters to con
dign punilhment "-Whether proper supplies for the
army are contracted for, both at home and abroad;
if not, what the causes may be ? Whether there is any
ground for the surmises, that a quantity of clothing
for the army has been purchased in France above a
year ago, for the payment of which bills have been
drawn, which still remains there, and our army fuf
fering, while continental vessels have returned from
thence, perhaps loaded with private property? If
such surmises are not true, the publick should be un
deceived. If true, it is an infufferable grievance ;
which, if patiently bore, and no way to redress or
punish the authors, argues our nation to be in a most
wretched condition. Let them return to the different
departments of their own internal government ; not
wait for complaints ; the general murmurs and dis
contents of the people arc fufficient. The most ho
nest and disinterested part of the community are un
acquainted with the mode of such impeachments ,
they have been baffled and disappointed in their at
tempts, and lit down, difeouraged and discontented.
Some of the more knowing are coadjutors to the
grievances ; or fellow officers, who do not cboofe to
expose the guilty of their class and rank. Such are
the natural effects of their respective causes. The
constitution has drawn the power of the people at
large to a point, and they have entrusted it to their'
representatives to prevent or redress such evils. If
these negiedt the exercise of those powers, they be
come certainly responsible for all the evils which thence
accrue to the community ; evils Which never fail to
prove a cancer fro the body politick. Let me there
fore beseech and conjure our legislatures, by every
tie of love and regard for the welfare of our country,
to examine their powers and duty for the redress of
our grievances. Fear not the trouble, nor the ex
pence ; I am confident the salutary effects will reward
them an hundred folds Do they difeovec general dis
contents refpeding the proceedings of their courts,
let them inquire in a more private manner what are
the reasons ? If they discover well founded reasons of
fu fpi< ion, I humbly conceive it to be their duty to
cite such officers before them, and sincerely endea
vour to find out what evidences might have been pro
cured, and neglected ; how the evidences given in
the case have been managed; and where-ever they
discover culpable partiality, let such officers, whether
civil or military, be broke with infamy, without re
fpett to persons or characters. Let them not only
thus guard against the abuse of power, but also against
the nested of its exercise. Judges, justices, or offi
cers in the militia, who wilfully neglect the execution
of the laws in their refpe&ive departments, may as
justly and ought as well to be broke as the others :—
For what do the best of laws avail, if not put in exe
cution ? Would our legislatures once make trial of
this recommended remedy, I am confident the re
newed vigour, spirit and life of our civil society would
soon convince us of its salutary effects.
I hope my country will indulge me with the liberty
I take in my remarks, while I assure them they pro
ceed from a love to its welfare.
• So I am,
SI R,
Yom's,
And my fellow-citizens, &c+
A true Patriot.
[Numb. x,%2