To the PUBLIC.
(Concluded from our last.)
AS to altering or setting aside the present constitution of civil government—is
it not a plain case, that as the people erected the present form of civil government
in an orderly peaceable manner; so the people at large, when they view their
present constitution as inadequate to the ends of civil government, have an
undoubted power according to the declaration of the bill of rights, to alter
or set aside the same, when the period comes, which they, the people, have fixed
for that purpose. What need then for rising in arms to effect a purpose which
a majority may effect without it, when the object, is worthy the expense and
trouble it must cost? but were such a purpose even necessary, the present seems
to be a very unfit time for it, when the minds of people are in such a state
of ferment; our present constitution was formed at a time when people's minds
were cool and dispassionate, and was then three years in forming, and was a
matter of great trouble and expense; and was it to be fairly demolished in such
a time of public fears? as the present, is there any rational prospect that
another would be settled any other way than by the longest sword, the horrors
of which need not be again described? or if it could, is it probable that what
would defray the expence of civil government for several years, would defray
the cost of forming another constitution with any prospect of its finding a
greater degree of acceptance than the present?----As to the setting aside of
the court of common pleas, (which is a professed object of the present risings)
'tis evident that if, in the opinion of a major part of the citizens of the
State, the Court of Common Pleas is a grievance, no popular rising is necessary
to set them aside; if they are not so viewed by a majority of the people, no
rising of a minority for that end can be warrantable. 'Tis granted that these
courts are expensive, and 'tis the corruption of the people which makes them
so; and if a less expensive, and more effectual method of administering justice
can be introduced in their room, every well-wisher to the rights of mankind
must rejoice in it. But surely if it is expedient to abolish these courts and
introduce another method in their room, 'tis evidently a work of time, as all
the laws of the commonwealth are connected with these courts, which have existed
without any material alteration for time immemorial, consequently a revisal
of the whole body of laws must take place, before the dropping of these courts,
whereby they may be pointed to some other modes instituted in their room. But
to me it appears that if the present popular object of abolishing these courts
and introducing justice courts in their room, was attained, it would not be
the least advantage to the body of the people. It would enlarge the powers of
single magistrates beyond what it is at present, and to cause their judgment
to be rested in generally, there is undoubtedly need of a greater degree of
confidence, both in the abilities and integrity of magistrates, than there is
at present. Business of the most trifling nature would frequently be carried
to the Supreme Judicial Court, which would consequently so enlarge the business
of that court, as to render the effecting of its impossible in the nature of
things. And supposing each magistrate was to summon a Jury to his assistance,
in a county where there is fifty or sixty Justices, there might be so many juries
summoned once a fortnight or oftner, which would be a source of greater expence
and trouble than the courts complained of, and as it is a natural right for
a man to appear in his own case, either by himself or his counsel, as he chuses,
this mode would in my opinion increase instead of lessening the number and influence
of Attornies at law, which is at present complained of as a grievance. As to
the establishing a paper medium, in my opinion the load of internal debt which
we labour under, which is, in part at least, caused by the depreciations of
paper emissions, together with the cries of the widow and orphan, and other
defenceless members of the community, who have been reduced to wretchedness
and want, by the numberless frauds practiced by paper emissions, may be a final
answer. But I shall not trespass upon the patience of the public by repeating
observations upon this head, which have been already made to better purposes
than I am capable of doing; but whether the renewing of the experiment would
not be the establishing mischief by a law, I think is not difficult to determine—As
to lowering the expense of civil government, undoubtedly if there is unnecessary
expense in civil government, it may be lessened in a constitutional way, and
no tumults, or risings to arms are necessary for that purpose, doubtless there
is a loud call to frugality and economy, both public and private. 'Tis true
civil government is expensive and perhaps more so than could be wished, but
has not the account of the expense of it been greatly exaggerated? does it not
appear, from a very fair statement of public affairs, that but a small proportion
of the monies which have been paid have been applied to defray the expenses
of civil government? How inconsistent then with sound policy to incur a greater
expense to save a lesser. It is not an undoubted truth, that many persons, yea
many towns, have already expended more than tenfold their proportion of the
annual expense of government in our late tumults? and what has it effected?
why it has reduced the commonwealth to such a state of anarchy and confusion,
the view of which cannot but be distressing to every feeling mine, it has irritated
the minds of neighbours and even of brethren against one another, and threaten
consequences still more serious. I have no part under the government neither
do I ever expect to have any; but as a member of the community, who as an individual
is interested in the general welfare. I would intreat my friends and fellow-citizens,
who have promoted the present risings candidly to review the scenes which they
have already caused and look forward to those which may probably ensue, and
as they regard the welfare of themselves and posterity, our dearest liberties
and privileges, and the peace of their own consciences, to drop courses which
are both unwarrantable and dangerous to themselves and the public, and if they
labour under grievances that is burthens either unnecessarily, or partially
imposed by the ruling power, to seek redress only in the orderly constitutional
way of petition and remonstrance, and there is not the least doubt but it may
be obtained: thus we might expect to see union and harmony again restored to
our bleeding land, and public burthen hopefully alleviated. One shrewd observation
I find made in favour of the present risings, that is, that although the method
was wrong in the first fitting out, yet, as it is begun it must be persisted
in: But apply this to any thing else in life, and the falsehood of the observation
will appear, if the beginning was wrong the progress must be undoubtedly worse,
and the further we proceed in a wrong path, the more difficult will the retreat
be, a retreat is more difficult now than it was at first, and probably will
grow still more so, and expectation to get into a right path by persisting in
a wrong one, is vain and fruitless. It will carry us still further and further
from this designed haven, and what is unwarrantable in the first degree of it,
must undoubtedly be more so in every greater degree, but by a retreat, and a
return to an orderly, constitutional path, we may do an essential service to
ourselves and posterity, and light may yet come out of darkness and order out
of our present confusions: This is the most fervent wish of the public's, humble
servant,
AMICUS
Hampshire County, Jan. 7, 1787. |
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