Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-06-11


ed aganit the attempts both of indfcrcet men,
who from niitaken zeal for liberty, would .si-
troduce anarchy and confuion and of ambi-
tious men, who ailume the garb of patrotifm,
and employ their talents TO inAamc the paflions
Of the people, and excite their contempt of de-
cency and order.
Upon order, the public happiness is founded
without it, focety is fate of violence and
to maintain it, is to refrain inulticc and OPP
preilion to guard the life and property Of one
man, againit outrage from another to protect
The tnple and Innocent from the attempts of
artihce and fraud, and to produce fuch a tate
of tranquility, tina. the mott defenceleis among
the people may be fafe, under the protection of
government.
The principle of equality among the citizens,
is recognized and eitabiiihed by the contribution.
II is an equality Of rights which enures the
fame protection to each indiyi ual, and requires
that all men OF every dclcription iiai be an,ena-
bic TO julticc II reiuts from equal govern
ment and impartial laws, when the way 10 hon
or and prciernicnt is open TO every one !; and
the pretenGons of no citizen are limited, ex-
cept by the dltin6tion of merit and capacity.
But an equality of property never can exit,
equal in prudence * induitry; and even If they
were perfectly fimilar in theie repes, itll sheir
property would be unequal, unleis Providence
ihousd frnie alike upon the labors OF all, and
grant to every man an equal fare of PROPERTY.
The inequality of. property therefore arifes
from the nature of things, and not from any
defect In the form or administration Of govern
mens. All that the bef government can do, is
to prevent that inequality which fraud, oppref-
hon or violence would produce to encourage
trugality, and as far as ultice and the conffitu-
ton will permit, to refrain luxury and profu-
fion; and to protect the lawful poeiGiions of
every man, 70 that each may enjoy the fruits of
his labor in perfect iecurity.
But though fpirit of equality is favorable
70 puolic happinefs, an extreme degree of it is
iometimes injurious and difgracetul. This hap
pens when manners are exceedingly depraved,
when upright magltrates are no longer refpeet-
cd, and parents and public inifrucfors are treat.
ed with rudenefs and inlolence, when the child
behaves himielf proudly againf the ancient,
and the bale againit the honora e, and the nat
ural and necehary diitinstions in fociety arc df-
regarded.
The terms LIBERTY and EQUALITY, ia their
true ard juit import deicribe eiientia rights in
Republic, which ought to be ailiduouly prefer
we'd and cheriihed but they are 10 liable to
mi!conitrucfion, and have been underitood in
fuch different ienfrs, that prelume you, gem
tlemen, will not think it unworthy of you, to
afiit our fellow citizens in forming correct o.
pinions, concerning them. For if on thefe
points they fhou!d entertain miitaken ideas,
they might be in danger of looting iubitan,ial
benefits, by aiming at thole which are agin-
AIRY.
In lome nations, the genius and habits of the
people iecm not to admit of free government
= they appear to be incapable ofthat iuf and
reatonable obedience to the laws which is necef.
fairy IN free fate. Few indeed have been wife
enough to enjoy perfect liberty with modera-
ton. How tar the people to the Unised
States are poheGed Of this wifdom mutt APP
pear from the experiment, they are now max
ing, upon the illuc of which, every thing vslu-
able to us depends Y GU, Gentlemen, 4 have 10
doubt, will be folicitous to contribute to its
iuecefs, by faithful difcharge of your duty.
But all the efforts of legiiIarive wifdom will not
be tuihcient, without the aid Of thofe inittu.
tons, which form the manners and morals of
the people and which tend TO infpiae them
with yeneration for the Supreme Being. with
reverence for jult authority, and reiPea for
themlelves.
have received letter f. ON The JuAices Of
the Supreme Judicial Court, representing, tina,
the late act of the legislature making further
proviion in the Judicial department is highly
intsreiting to them pcr.onay, and as it affects
their official responsibility That ,heie con
alterations have induced on their part a critical
ax, cE FL e. {
the court propoied by the act, and confulta-
ton together upon the probable effects Of the
iyiiem in other views Of it the reiul, of which
is, a conviction, that the arrangement is in. a
great decree impracticable, and that the opera
ton he lyitem will not, in any degree pro-
porrionabte to the Inconvenience of it, pro-
mote the good intentions of the Legislature for
rhe more etfeefual administration Of iuitlce.