The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-09-17

as his representatives, and are filled in their
connIif!ions. when they open court, :. kii nc
je?2 fhs ki&2's .iHHiee5.'
This, row, underlined thing. called coatcniet
of court, is derived from the Norman conqueit
OF England, as is thewn by the French form of
words uied in England, with which proclamati-
on Tor hlence " on po;n ofimtrjcnment," begins,
" Oyes, Oyes, Oyes."* This fnews it to be of
Norman origin. Ii is, however, a ipecies ot
deipotiim; for contempt of court is now any
tning court imperioully peafe to call 10, AID
tnen 1t Ifiitts pun'ihment as by prcrogative
without trial, AS III Pa,i:nore's caf., which has a
good deal aeiiated the public mind. This
practice requires 10 be Conlttu,onal,y regulat-
ed, hut not by lawyers.
Much yet remains to be done in the improve
ment OF contributions. The Pennfvlvania con-
Vent'on, when 1t meets, will be poifeRed Of ac-
vantages which thoie that preceded it were not
ne ehiuing convention will have two conft.u-
tons before them that OF rs, and that of go.
each OF which continued abont fourteen years.
know no material objection againG the conlti-
tuition or 70, excep: that in practice, it might
&c iuo)ect TO preciptancY; bat this can be ca(i-
~ and efiectually renedcd aa the annexed efiay,
respecting e09qfmionJ, governments, aid
eS0rferJ viii thew. But there have been ma
ny anG great objections and complaints agant
the Preient contribution and the practice unon
IT. arilng from the improper and unequal diari
button it makes OF power.
he circumstance that occurred in the Penn
lyivania fenate In the year 500, on the bill pai.
ed by the houie of representatives for choofing
electors, utilities Frankiin's opinion, which he
gave 10y requeit of the convention of '7s. of
which he was prefdent, refpectng the proprie-
ty or improperly of two houfes negativine each
other. 9 1t appears TO me, flid he, IKE tuftiue
one 1oiJe before a cart and the other 6ekixa II,
AM svbitpiHg fbrm 6otb. Jfthe tories are ofe-
qnGl Frenstb, tbesvbeels efbr cart, like the zvleJ
@go7's'nn1ent, EviH Rand EW; and ffbe borjes
G'fEr0ng enough, the cart zvW b. torn to bieee5.'
L: was only the moderation and good feufr Of
the country, which did not engage in the die.
Pnte raiied by the tenate, that prevented Penn
iyivanla being then torn to pieces by commo:i-
on.
inequality of rights has been the caufe of all
the diiturbanres, infurrections, and civil wars,
that ever happened in any country in any age of
maIkind. 1t was the caufe Of the American re-
voiution, when the Eng!ilh parliament Fat itfelf
up to bi7d america III all CATS qvbat/oezer, and
to reduce her to unconditional fubmfIion. 1t
was the caue of the French revolution ard al
10 OF the civI! wars in England, in the time of
Charles and Cromwell, when the houfe of com.
nous voted the houie of lords ufelefs.
The fundamental principle in representative
government, rs, that the majority governs and
as It VIII DC always happening that man may
be IN the minority on one queition, and in the
majority on another, he obeys by the fame prin-
clpie that he rules. But when there are two
houies OF unequal numbers, and the fnal!er
humoer neeatIving the greater, il is the minority
that governs, which is contrary to the prinCi-
pie This was the cafe in Pennsylvania in
1900.
America has the high honour and Happiness
of being the frft nation that gave to the world
the example of forming written contributions,
by conventions elected expressly for the pur-
pole, and of improving them by the fame pro-
cedure, as time and experience ihaIl flew necef-
larry. Government in other nations, vainly call
ing themirlves civilized, has been efabliihed by
oloodihtd. Not drop of blood has been flied
IN the United States in confequence of eitabliih-
ing contributions and governments by her own
peaceful iytem. The filent vote, or the limple
yea or nay, IS more powerful than the bay net,
and decides the ftrength Of numbers without a
blow.
have now, citizens Of Pennfyivania, prefent-
ed you in good will, with A collection of
thoughts and hiRorical references conderfsd in-
to a fmall compass. that they may circulate the
more conveniently. They are applicable to the
iuojeet before you, that of calling a convention,
IN the progrefS and completion OF which with
you iucceis and happiness, and the honour of
iEewing profitable example to the fates a.
round you and to the world.
Yours, in friendliip,
THOMAS PAINE.
New-Rochelle, N. York.
Hear Js, bear ye, krar Sc.