The Pennsylvania gazette — Philadelphia, Pa., 1776-04-10 00:00:00, page 4

c ~ id you ;in (bort, although you ought to have counted
the cofl of your work, and have tried to reconcile, with
your design, a multitude of interests, commercial, poli
tical, and economical, —you have only entertained Us with
some loose declamations upon abuses in the English go
vernment; and shocked us, for want of better arguments,
by i perversion of things facfed; filling the papers with
personal invectives and calumnies against all who cannot
fwaliow, at a .venture; every crude notion, which you
may cook up, as the politics of the day. This will as
little agree with the ftomacbs of others as with mine;
although I have declared that, when the last necessity
comes, 1 have no expedient in view, but to take my
chance with you, for better and for worse.
C A T O.
To the PEOPLE of Pennsylvania.
LETTER VII.
TH E author of Common Sense does not trust wholly to
Uis scripture doArmes for the demolition of monarchi
cal government; and indeed how could he ? For he seems
only to have begun his study of the Bible “ since the fa
tal 19th of April 1775." Before that period, as he elo
quently tells us, “ no man was a warmer cvifber to re
conciliation (with monarehial government) than himfelfi"
It may be proper, then, to take some notice of what he
offers by way of argument against monarchy, and parti
cularly the hereditary kind.
“ If hereditary fucceflions," fays he (meaning succes
sion to monarehial government) “ did ensure a race of
good men, it would have the seal of divine authority."
Thus we find him, with his own hand, affixing the seal
of Heaven to what he has before told us, the Devil in
vented, and the Almighty entered his protest against. A
strange inconsistency as well as heterodoxy! For if mo
narcy be from Hell and reprobated by Heaven, how can
a fucceflion to it be fanCtified by the authority of ever
laying goodness?
He finds another curious argument against the English
Monarchy, in particular, by tracing it to the raJcaUy
original of a French Bastard. Yet, in the estimation of
many, this will prove as little against the institution itfelf,
as it would prove against this author's arguments or mine,
in the present controversy, if both of us were difeovered
not only to have sprung from Bastards, but to be such
onrfelves. The Family Scutcheon, that is without a blot,
must be but of very frefh date. The rest of his arguments
appear nothing better than these, even where he displays
his whole force, in laying before us the materials of the
English constitution, under different heads.
^ First —The remains of monarehial tyranny, in the
person of the King. “ Secondly —The remains of arifto
cratica! tyranny, in the perfonsof the Peers. “ Thirdly—
The new republican materials, in the persons of the Com
mons. These he intimates, may be virtuous; but he
should have made them as tyrannical as the others, so far
as these Colonies are concerned; else what are we con
tending for against them?
Alas! what more than Augean labour have I under
taken, in attempting to answer a writer, who, under the
specious name of Common Sense, is constantly dealing out
paradoxes, and setting himfelf up, not only in contradic
tion to the sober Sentiments of the wisest of mankind, but
often in contradiction to himfelf? Can any man expert
credit, who will gravely assert that a people, long famed
for wisdom and love of liberty, would have employed
themselves for a thousand years, in compounding and rear
ing up a constitution, out of the materials of the differ
ent Simple farms of government, and, all the while, have
fele^ed nothing but the tyrannical remains of each? To
reason with such a writer would be loft labour. Some
assertions are too absurd for the possibility of refutation.
The rules of logic cannot lay hold of them.
In such acafe, the best answer that can be given, is to
lay before the reader a true account of the English consti
tution; the praises of which have adorned and filled the
volumes of the greatest men, in our own and other coun
tries. In this part of my work, therefore, I fhaft have
little more to do than to copy them; and as the senti
ments of foreigners may be deemed more impartial than
our own, I shall take one of the greatest of them —the il
lustrious Montesquieu, for my chief guide. But as
this truly enlightened genius, with the dignity of a pro
found lawgiver, delivers himfelf almost in the concise
style of aphorisms, that he may be more ufeful to men,
whole clear and comprehensive understanding renders
them fit for the like office thcmfelves, in the service of
their country; I shall endeavour to convey the substance
of his dodrines in the most familiar style, retaining as far
as lam able his sense and spirit. I shall likewise venture
sometimes to make a few additions, either for illustration,
or to bring his general principles more closely home to
the English constitution.
There is certainly something too venerable in a fabric
built up with so much care by our ancestors, cemented
with so much blood, and to which they have adhered for
so many ages, to be lightly given up, upon the partial
representations, or general invectives, of any writer, or
dumber of writers, arguing from the abuse of things
against the use of them. We would not lock ourfclves
out of an old habitation, till we had provided a new and
better one; nor part with a common friend upon the
padionate accusations of an avowed enemy, without
hearing what he could fay in his defence, and giving him
a fair trial. For, at this rate, we could have nothing of
the least lability, or permanency upon earth; and our
whole lives would be employedin making and unmaking,
building up and pulling down, without ever reaping the
smallest fruit of our labours.
The author of Common Sense Hands lingular in his rage
for condemning the English constitution in the lump, and
the administration of it from the beginning. The im
mortal Sidney himfelf gives it a different character, and
{peaks with reverence of the wisdom of our ancestors.
" They evidently appear, fays be, not only to have in
" tended well, but to have taken a right course to ac
“ complilh what they intended. This had effect as long
66 as the cause continued, and the only fault which can
" be ascribed to that which they established is, that it has
" not proved to be perpetual, which is no more than may
“ be justly said of the belt human constitutions that ever
" have been in the world. If we will be just to our an
“ ceflors it will become us, in our time, rather to pursue
“ what we know they intended, and by new confutations
"to repair the breaches made a,on the old, than to accuse
" them of defeats that will for ever attend the actions of
"men."
Montesquieu himfelf, in the cool moments of philo
sophical reflexion, unbiaffed by local prejudices, and re
PHILADELPHIA: Printed by H ALL and SELLERS, at the New Printing-
Office, near the Market.
mote, both in time'and place, from the feenes he describes,
has given us an inftrudive leßon on this head.
“ A very droll fpedacle (fays he) it was in the last ceit
“ tury, to behold the impotent efforts the English made
“ for the eftablilhment of democracy or republican govern
" ment. The spirit of one faction was suppressed only
“ by that of a succeed ng faction. The government was
“ continually changing. The people, amazed at so ma
" ny revolutions, fought everywhere for a democracy,
" without being able to find it" any where. “ Atlength,
" after a series of tumultuary motions and violent shocks,
" they were obliged to have recQurfe to that very govern
“ ment, which they had so odiously proscribed."
Every government, in order to be compleat, must have
within itfelf the power of preserving its being, as well as
purfiling its well being. And such a power necessarily
implies three things.—ift. Legislation, or the making laws
and regulations for the good ofthe community. 2d. The
execution of these laws. gdly. The judging when they
are duly executed and punishing offenders. The great
objeCt of the whole is political liberty, which Montesquieu
defines —“ That tranquility or peace of mind arising
" from the opinion each person has of his fafety. In or
“ der to have this liberty, it is requisite that the govern
“ ment be so constituted, as one man need not be afraid
“ of another," * either in refpeCt of his person or pro
perty. Every man's own feelings can tell him that this is
a true definition.
But the union of these three powers, the legflatiie, the
executive and judicial, in one man or any number of men,
is not liberty, but tyranny compleat; because there can be
no fafety for individuals in such a case, unless goodness
were always united with power; which is not to be
looked for, except under the perfect government of hea
ven. “ It is a mistake, fays the great Mr. Locke, to think
“ that this fault (the abuse of power) is proper only to
" monarchies. Other forms of government are liable to
“ it as well as that ; for wherever the power, that is put
“ into any hands, for the government of the people, and
" the preservation of their properties, is applied to other
" ends, and made use 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 those that use are one or many. Thus we read
“ of thirty tyrants at Athens, as well as one at Syracuse,
" and the intollerable dominion of the Decemviri, or
" ten men at Rome, was nothing better. Wherever law
" ends tyranny begins."
Even the union of but 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 mvke the laws being also to execute them, they
would be led to frame oppressive laws, for the fake of
the power and wealth which they might derive to them
fel^s by carrying such laws into execution.
These three powers ought then, for the preservation of
liberty, to be lodged in separate bodies, and made to con
troul each other. Montesquieu adds, that for the greater
fafety, the judicial power ought not to be given to a
Handing senate; but that the judges should be of the
fame Hation 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 especially,
it is proper the person accused should have the privilege
of chufing in some measure his judges (that is, in our
constitution, a jury) in concurrence with the law, or at
least 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
firft principles, and rendering it fafer for us than any
ether we can probably substitute in its room, are im
portant fubjetfs, and too copious to be difeuffed in this
letter. ° C A T O.
* Montesquieu, B. XI. Ch. 6.
To be L ET T, on a Term of 14 Years,
A PLANTATIO N in the Northern Liberties, about two
miles from Philadelphia, on the Frankford road, contain
ing abuse an hundred acres of cleared land. There is on this
place a good dwelling-house, a barn, orchard and meadow.
Fllfe to be lett on a term of 31 years, A large LO T, next
above Batchelor's Hall, at Kensington, extending from low
water mark to the street running at the back of the Kensing
ton water lots. John Dickinson.
BE SOL D,
A SULKEY, with a Canvas Top.
Enquire of WILLIAM RUSH, at the Corner of Third
and Race-ftaeets, or BENJAMIN DAVIDS, at the
George, in Archrftreet. April 8,1776. q
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 fubjed are wholly at their mercy. These
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 fubjedts groan under
the weight of a most frightful oppression."
“ In the Republics of Italy, where these three powers
“ are united, in a ftanciing body of magistrates, there is
" less liberty than in our monarchies ;" 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
fubjett 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 date without controul. For, they firft
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 themselves judges
amidst all these oppressions, 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 surer 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 mifehief—“ that these tribunals are composed of ma
gistrates all belonging to the fame body, which constitutes
almost one and the fame power," unaccountable to any
other.
One Hundred And Twelve Dollars Reward.
Deserted from Captain john hulinc^
Company of the Second Pennsylvania Battalion, com
manded by Col. ARTHUR ST.CLAIR, the following
persons, viz.
Sacob Tuffey, American born, about 5 feet 8 inches high, 22
years of age, of a ruddy complexion, fair hair ; he took with
him a bay horse, about 13 hands high ; it is supposed he is gone
towards Hagar'-town, in Maryland.
Cbriftian Dull, a Dutchman, about 25 years of age, 5 feet $
or 9 inches high, by trade a shoemaker; lately resided in Culhe
hoppen townlhip.
James Yocum, a Dutchman, about 21 years of age, 5 feet 10
inches high, fair complexion, by trade a taylor.
Amos Dillon, American born, of Welsh extraction, 22 years
of age, 5 feet 8 inches high, fair complexion, by trade a car
penter.
Bartle Miller, a Dutchman, about 5 feet 8 inches hiph, 26
years of age, brown hair, and brown complexion, by trade a
wheelwright; lived in Cufhehoppe n townffiip.
Hugh Daniel, about 45 years of age, 5 feet 5 or 6 inches high,
of a fair complexion, fair hair ; lately lived with George Hit
ner. Inn-keeper, in Whitemarfh township!
Halentine Sbaufler, a Dutchman, 5 feet Bor 9 inches high, 22
years of age, slender made, black hair, of a pale complexion,
pitted with the small-pox, By trade a carpenter ; resided in
Jones's-town, Lancaster county.
Philip Thomas, 5 feet 5 or 6 inches high, about 21 years of
age, has black hair, of a dark complexion; lived in Cumru
township, Berks county.
Richard Mayberry, about 21 years of age, 5 feet 5 or 6 inches
high, black curled hair, thin visage, slender made, by trade a
taylor; plays on the fife..
Jofepb Culing, about 25 years of age, 5 feet 9 or 10 inches ;
high, thin visage, slender made, fair hair, and of a fair com
plexion, by trade a taylor.
fames Burrows, about 26 years of age, < feet 9 inches high,
slender made, thin visage, of a fair complexion, by trade a
weaver.
'John Ferguson, a well set fellow, 21 years of age, 5 feet 8 or
9 inches high, black hair, of a dark complexion, by trade a
gun smith.
fames Smith, by trade a (hip-carpenter, about 6 feet high,
20 years of age, has short brown curled hair ; formerly resid
ed in Smith's Clove, York government.
George Cornor, of Smith's Clove, is about 25 years of age, of
a dark complexion, about 5 feet 7 inches high, fair hair, tied
behind and turned up before, by trade a (hip-carpenter
Whoever secures said Deserters in amy goal, shall receive the.
above reward, cr Eight Dollars for each. All persons are hereby
forbid harbouring or concealing the above Deserters, under the
penalty of Fifty Dollars for each, according to a Resolve of
Congress. || John Huling, Capt. 2d B. P.
To be SOLD by public VENDUE, on
Thursday, the 25th of April, 1776, at the Iron Works
(formerly called Bennett's Works) 9 miles from York-town,
and i mile from S&fquehanna river, on Codorus creek,
SUNDRY NEGROES, viz. One a hammerman,
one a refiner, and one a stack taker or attender ; they are
fit for any plantation work : Also hoffes, waggons, gears, &c.
breeding mares, colts, cows. Sheep, all the utensils belonging to
a smith's Shop, with several other articles, too tedious to men
tion ; where attendance will be eiven, and njne months credit,
giving bond and security, if required, by the fubferiber at said
works. ROBERT M'CORLEY.
To the P ÜBLI C.
WHEREAS CONRAD HESS, of Lower Sawcon,
in Northampton county and province of Pennsylvania,
yeoman, in a fraudulent manner obtained ten Bonds of the
fubferiber (of Lower Sawcon aforefaid) bearing date about the
beginning of January last, each Bond for the sum of Twenty-
Five Pounds, the firft of which is to be paid on the 27th day of
November next, and so on annually, on the 27th day of No
vember, until the whole are paid : These are to forewarn any
person or persons not to take any alignment on any of the Did
Bonds, as I have not received any value for the said Bonds ;
therefore I Shall refufe the payment of any of them, unless
compelled thereto by law. fACOB SHULL, q
Barracks, Philadelphia, April 9, 1776.
EIGHTY DOLLAR S Reward.
Deserted from Captain Joseph hurley's
Company, of the Third Battalion of Pennsylvania troops,
commanded by Col. JOHN SHE E, now in the service of
the United Colonies, the following recruits, viz.
Charles Connor, an Irishman, 22 years of age, 5 feet 7^ inches
high, a Ihoemaker by trade; had ora, when he went away, a
brown regimental coat, with white facings and pewter buttons,
also a white laced hat, and good buckskin breeches.
Simon Palmer, of German defeent 18 years of age, 5 feet 6
inches high, of a swarthy complexion; he lurks about the town
of Manheim, in Lancaster county.
Michael Houseman, a German, about 5 feet 9 inches high, go
years of age, a coppersmith by trade; he keeps about Windfur
township, York county.
George M Coley, an Irishman, 21 years of age, 5 feet 6 inches
high ; he lately worked at Capt. Old's forge, Lancaster county.
Francis M'Clfky, an Irishman, 5 feet 4^ inches high, about
22 years of age ; had on, when he wept away, a light blue coat
and waistcoat; he also worked at Captain Old's forge.
fohn Anderson, an Englishman, about 23 years of age, 5 feet
4|.inches high, he is much pock-marked and freckled, and
lived in York county.
Charles Gallagher, an Irishman, 22 years of age, 5 feet %1
inches high ; had on, when he went away, a brown regimental
coat, with white facings.
Philip Gallagher, an Irishman, 5 feet 4! inches high, of a
fair complexion, with his hair tied, a taylor by trade, and took
with him a brown regimental coat, with white facings, also a
blue coat, with white facings.
Peter M'Cord, an Irishman, 20 years of age, about 5 feet 5
inches high, he is well set and has Short black hair; had on,
when he went away, a furtout of beaver coating, a small round
hat, and old buck Skin breeches ; he is a cooper by trade.
Samuel Willfon, 30 years of age, about 6 feet high, of a sandy
complexion; he is a labourer, and lately lived in Mountjoy
townthip, Lancaster county.
Whoever takes up any of the above Deserters, and secures
them in goal, or delivers them to me at the barracks, in Phila
delphia, Shall receive for each of them Eight Dollars reward,
and reasonable charges, paid by Joseph Hublev, Captain
3d Battalion, Pennsylvania, troops.
If any of the above will return to the company within the
Space of ten days from the date, Shall be pardoned.
All persons are forbid to harbour or conceal any of the before
mentioned Deserters, otherwise they may depend on being pro
fccuted, agreeable to a Resolve made by the Representatives of
Assembly of this province, viz. “ That any person or persons
whatsoever within this colony, who shall harbour and conceal an,
Deserter (knowing him to be such) from the Continental forces, or
any other forces raijed within this or any other of the United Co
lonies for the defence of America, foal l forfeit and pay any sum
not exceeding Fifty nor less than Thirty Dollars, or Juffer three
months imprifonment."§