4^ ^ .n->/.

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

|50

IIM

2.2

1.8

1.25 1.4

i6L

"< 6" -

►

c'm

c^:

Lrm

^.. '\^

Photographic

Sciences
Corporation

•ss

^*><c^

93 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
Collection de
microfiches.

Canadian Ins.tute for Historical IVIicroreproductions / Institut Canadian de microreproductions historiques

Technical and Bibliographic Notes/Notas techniques et bibliographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographicaliy unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

□ Coloured covers/
Couverturs de couleur

□ Covers damaged/
Couverture endommagie

□ Covers restored and/or laminated/
Couverture restaur^ et/ou pelliculia

□ Cover title missing/
Le titre de couverture manque

I — I Coloured maps/

D
D

Cartes giographiques en couleur

Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)

CoiC'jr^'* plates and/or illustrations/
Planches et/f^u illustrationn en couleur

□

Bound with other material/
Relii avec d'autres documents

Tight binding may causa shadows or distortion
along interior margin/

Ua re liure serrde peut causer de I'ombre ou de la
distorsion le long de la marge int^riaure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
11 se peut que certaines pages blanches ajoutiea
lots d'une restauration apparaissant dans la taxta.
mais, lorsque cela itait possible, ces pages n'ont
pas iti film^es.

Additional comments:/
Commentaires suppldmentaires;

L'Institut a microfilm^ le meilleur exemoiaire
qu'i; lui a 6t6 possible de se procurer. Les details
de cet exemplsire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mithode normale de filmage
sont indiqu^s ci-dessous.

[~n Coloured pages/

Pages de couleur

Pages damaged/
Pages endommag^es

Pages restored and/oi

Pages restaurdes et/ou pelliculdes

Pages discoloured, stained or foxe<
Pages dicotor^es, tacheties ou piqudes

r~n Pages damaged/

nn Pages restored and/or laminated/

r~l^ Pages discoloured, stained or foxed/

□Pages detached/
Pages ddtachdes

r~V^howthrough/
L^ Transparence

r~~] Quality of print vanes/

Quality inigale de {'impression

Includes supplementary material/
Comprand du materiel supplementaire

Only edition available/
Seule Edition disponibia

Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata. une pelure,
etc., ont M filmies d nouveau de fa^on A
obtenir la meilleure image possible.

DISTORTION OF PRINT MAY RESULT FROM CREASED PAGES.

This item is filmed at the reduction ratio checked below/

Ce document est filmd au taux de rMuctlon indiqui ci-dessous.

10X 14X 18X 22X

26X

30X

12X

16X

20X

24X

28X

32X

The copy filmed here has been reproduced thank*
to the generosity of: ;

Metropolitan Toronto Library
Canadian History Department

The images appearing here are the best quaiity
possibie considering the condition and legibility
of the oriqinal copy and in keeping with the
filming contract specifications.

L'exemplaire f ilmi f ut reproduit grAce h la
g6n6rosit* de:

Metropolitan Toronto Library
Canadian History Department

Les images suivantes ont 6x6 reproduittfs avec le
plus grand soin. compte tenu de la condition et
de la netteti de l'exemplaire film6, et en
conformity avec les conditions du contrat de
filmage.

Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated imprer-
sion, or the back cover whan appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

The last recorded frame on each microfiche
shall contain the symbol —•►(meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.

Maps, plates, charts, etc.. may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:

Les exemplaires originaux dont la couverture en
papier est imprimis sont filmis en commenpant
par le premier plat et en terminant soit par la
derniire page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont film6s en commenpant par la
premiere page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la derniAre page qui comporte une telle
empreinte.

Un des symboles suivants apparattra sur la
dernidre image de cheque microfiche, selon le
cas: le symbols —► signifie "A SUIVRE". le
symbols V signifie "FIN".

Les cartes, planches, tableaux, etc., peuvent fitre
film6s & des taux de reduction diffdrents.
Lorsque le document est trop grand pour Stre
reproduit en un seul clich6, il est filmi i partir
de Tangle sup6rieur gauche, de gauche d droite,
et de haut en bas. en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
illustrent la mdthode.

]

|.V».

L E T

E R

rf ■#,.

FROM

PHOC lO N. .

v=».

...^

TC^ THE

,/^#>

CONSIDERATE CITl2p9

'••#,

^.:,

"sX

vS.-

,Ni

o t

NEW- YORK,

On the Politics of the Day,

±a:

NEW.rORK: PriBted b^SAMUEL LWOON.

* \4

•

'[(o/SR

H £.36,50

'i^-mv 'ts'C-^^^^^'

'?m

road
nici
prii
culj
inte

upc

obj

is ii

cff:

trai

nej

atn

fer

iDC

ha(

re\
tb.

( z )

A L E T T E R, &C,

*r ^ -rHlLE not only every perfonil artifice is
^/%/ employed by a few heated and incon-

f y fideraic fpirits, to praftife upon the pafllons
of the people, but the public papers arc
ma^c the channel of the moft inaamn^aiory and per-
nicious dcariaes, tending to the fubverfion of al!
prifare fecurity and genuine liberty; it would be
culpable in ithofe who underftand and value the true
iniereds of the community to be filent fpe^lators. It
i?, however, a common obfervation, that men, bent
upon mifchief,are more aaive in the purfuit of their
objea. than ihcfe who aim at doing good, ^ Hcoce it
is in the prefent moment, we fee the mo(J induftrious
' efforts to violate the conftituiion of this ftate, to
trample upon the rights of the fubjea,and to chicans
or infringe the mofl folemn cbligations of treaty ;
while di'fpaffionate and upright men almoil totally
neglea ihe means of counteraaing thtfe daogerons
attempts. A fenfe of duty alone calls forth the ob-
fervaiioQS which will be fubmitted to the good fcnfe
of the people in this paper, from one who has more
inclioaiion than leifore to fc:rve them ; and who has
had too deep a (hare in the common CKeriions in this
revolution, to be willing to fee its fruits blafted by
the violence of raftior uopriocipled men, without a;

Ifaft protcftipg ag^ioft th^ir defigq?.

( 4 )

The perfon? allu.^cd ro, pretend to appeal to iht
fpirit of WM.f.,.;.f'n. while they cndcivour to put m
motion all toe iunuus aud da.k paffions of the humaa
mind. The fpiri: of Whi^^giim, 's generous, humane,
beoeficeat «n.1 juft. Thele rucn inculcate revenge,
cruelty, perkcadon. and pcrfiJy. The fpirK of Wh.g-
gifm chcr.lhc^ legal liberty, holds the rights of every
individual Ujred, condemns or puniQies no man with-
out rcguUi (rial. and conviaion of fome crime dc-
clarcd by ^.irectdenf laws, reprobates equally the
puoifhmeoc oi the citize:^ by arbitrary afts ot legil-
fature as by th^-l jvl-fs corabinaiio'U of unaurnonled
individuals :— Whue thefe men are advocates for ex-
pellinga large number of their f«llow cwizeas ua-
heard, untried J or if they cannot effea this, are tor
^isfranchilmp: them, in the face of the ccnauution.
•without the judgment of their peers, and contrary
totheUwof the land. '

* Thf 1:5 '1 article of the conmtution dealares,
^ that no meraoer of this tiacC fhall be disfranchifed
« or defrauded of any cf the rights or privileges
«» facred to the (..bjeasot this ftite by the '-.oaltiiu.-
«« tion, unlefs by the law of the land o^ lbs judgment
«« ofhispeersj^ If we enquire 'J»hat is m?anc by the
law of the land, the beft commentators will tell u?,
that it means due procefs of law. that is, by in-
4iam>'nt or prefintment of good and lawful men, ^
3nd trial and conviaion inconsequence.

It it is true, that in England, on extraordinary oc-
caGons, attainders for high ireafou. by aa of parliameiit
have been praaiced, but many of the ableft advocates
for civil liberty have condemned thisi* praaice, and it
has commonly befinexercifed with great caution upoo
individuals only by name, ocver agalnft genera, *

defcriptions

» CcxB upon Magna Chartaj Chap. 29, Page 50,'

€

ppeal re the
iir to put it)
f the human
lus, hunaane,
:are revenge,
irit of Whig-
jh'.s 0^ every
30 man with-
le crime de-
equally the
adls of Icgif-
unaurhorifed
)caces for ex-
' cirizeas ua-
t this, are for
: ccnftiiution,
and contrary

tion c^ealares,

; disft anchifed

or privileges

the './."•aitiiu.-
of ths judgment

meant by the
3rs will tell u?,
\hat is, by in-
' lawful mcn^^

•

traordinary oc-

ft of parliameiit
iblefi; advocates
praflice, and it
at caution upoo
agaloft genera
defcrtptions

9, Page 50;

( 5 )

defcrlptions of men. The fcnfc of our cooftitutiot
00 th^ pra6tice, we may gather from the 41ft art.cicj
where all attainders, other than for crimes committed
during the late war. are forbidden. , , -r

If There hai been no treaty in the way, the legii-
lature migh., by name, have attainted ^^^''f^;^^}"
ffius of hi?h treafon tor crimes committed durmg the
war, but "iodepemknt of the treaty it could not and
cannot without tyranny, disfranchife or puo.lh whole
claffes of ciiizens by general dcfcriptioos, without
trial and conviftion of ofFences known by laws previ-
onQy eftabliihcd declaring the offence and prcfcribing

'^ Vhi^slfa diftate of natural jufticc. and a funda-
' mental principle of law and liberty.

Nothing is more common than for a tree people,
in times of heat and violence, to gratify moment-
. arv paffions. by letting into the government prin-
ciples and precedents which afterwards prove fatal
to thtmfeives. Of this kind is the doai^me of dif-
qualification, disfranchifement and bamlhment by
afts of lepiQature. The dangerous confcquences
of this power are manifeft. If the legiflature can
disfranehife any number of ciiizens at pleaftire by
general defcriptions, it may loon confine all the
votes to a fmall number of partizans, and ellablito
an ariftocracv or an oligarchy , if it may baniQi at
. difcretion all thofe whom particular circumitances
render obnoxious, without hearing or trial, no nua
can be fafe, nor know when he may be the inno-
cent viaim of a prevailing faGion. The name ot
liberty applied to fuch a government ^ would be a
mockery of common fenfe. ^

The Englifh Whigs, after the revolution, froiii
an overweening dread of popery and the Pretender,
^ifrom triennial voted the parliamea^ fepicpnial.—
^ ^ " They

( 6 )

They have been trymg ever fiace to uni!o this fa'ftj
ftcp io vain, and «rc rcpcaiini; the cffedJs of crtcir
folly io :he over-^ro\«ru powtr oF the lunt iamily.
Some imprudent Whigs among us, from refentm:^nc
to thofe who have talc?a the oppofi e (i le, (mi
many of them from worfc motives) would or .^jc
ihe principles of oar govcrnmeat, au 1 furniib ; ^^
dents for future ulurpitioas o;i thi rights i^f u.a
community.

Let the people beware of fuch CDnnfclbrs.*——
However, a few defi^ning men may rife in confe-
quence, and advance their private interefti by fach
expedients, the people, at large, are fare to be the
lofers in the event, whenever ilicy fuiTer • departure
from the rules of general and cquil juftice, or from
Rhe true principles of univerf^l liberty.

Thefe men, not only overleap the barrifrs of the
•onfliiution wiibout rcmorfc, buf they advife us to
become the fcorn of nations, by violaring the folema
engagements of the United Sfates. They endeavour
to mould the Treaty with Great Britain, into fuch
form as pleafes them, and to make it mean any thing
or nothing as fairs their views. — Ttiey tell us that
all the ftipulatioDf, with refpe6l co the Tories, are
merely that Congrefs will recommend, and the Statc«
may comply or not as they plcafe.

But let any man of fenfe and candour read the
Treaty, and it will fpeak for itfclf. The fifth article
is indeed recommendatory ; but the fixth is as pofitive
as words can make it. " Tbere Jhall be no future con-
*' fifcations made, nor profecutions commenced agaiaft
" any perfon or perfons, for, or by reafon of <hc pare
" whkh he or they may have taken in the prefcnt war,
<< and DO perfon (hall, on that account, fuSer any
•* future lofs or daoaage, either its his perfon, liberty,

L'.

property,

' */»,

lis fa'ftj
if cftcir
i'amily,

confe-
>y fjch

be (he
parture
)r from

5 of the
e us to
folema
leavoiir
ro fach
y thing
us fhac
ies, are
le States

:ad the
ti article
pofitive
ire con-
I agaiod
the pare
ent war,
ier any
liberty,

//^4r

( 7 )

At to the rcftoraiion of confifcatcd property,
which is the fubjcft cf the fifth article, the flaica
Hiay rcftorc or not as they think proper, becaufs
CoDgrefs engage only to recomtr.cnd ; but there is
cot a word abcaf rcccmrocndation in the 6th article.

Quotations are mr*,e frc nt the debates in Parlia-
meoi to prove that the whole is undcrflorjj as re-
cotnracodatory ; but the cxprcflioos in thoTe quota-
tions, turn altogether upon thofe perfons who have
been actually prcfcribed and ihcir property confif-
caeed; they have no relation to thofe who coroe
Oflder the fixth article, or who might be the obje^a
of future profecution or punifhment. And to this
it may be added, that it is abfurd and inadmiflible
in fair rcafoning, to combat the plain and authentic
language of folema treaty by loofe recitals of debates
in news-papers.

The found and ingenuous conftruftion of the
two articles taken collc61ively, is this — that where
the property of any perfons, other than thofe who
have been in arms agaiofl the United Stares, had
been a61ually confifcated and themfelves profcribed,
there Congrefs are to recommend a reftoration of
e dates, rights and properties ; and with rcfpeft to
thofe who had been in arms, they are to recommend
permiilicn for them to remain a fwelvemcnth in the
country to folicit a like refloration : But with lefpcft
to all thofe who were not in this fituation, and who
had not already been the objeds of ccnfifcation and
banifhroent, they were to be abfolutely fccnred fronaf
all future injury to petfon, liberty or property.

To fay that this exemption from pofitive injury
does not imply a right to live among us as citizens,
is a pitiful fophiftry; it is to fay that the banifh-
ment of a perfon from his country, connexions and
refources (one of the greaieft puniftimeEts that can
¥sfal a man) is no puniibmeat at a)!.

Bat

I
I

ll <

, ( 8 )

fhemeaoing of the word liberty hti b'« «<>«;
teBed T t ue fenfe muil be ihc rnjo>mcm of .he

i,«nmejt. Theie s no middle line ot juu con

from mtfoDal iraprifoomro. ! If »he Utt were adopted,
he k^^iioa would becotne m-eatory ; aod by
dep..v,S thofewho are the fubjcfl: fj'f'^l
prSteflioD of government It would amount to a
Tirtu.l confifca.ion and ban.lhmea. ; for 'hey "U^^
no. have the benefit of the laws ag^mft thofe ^ho
fliould be aogrcffors. . ,^a*^

Should It be faidthat they may receive protefloa
without being admitted to a full enjoyment of the
; ivuSesotciazens, this muft be e..her matter of
fight uBder .he treaty, or mitter of grace id the
governmeut. If the U..e,,..he government awy
fefufe it, and then .he objefiion prefents i.felf, that
•he trea V would by (hisconftrufiion be virtually de-
feated ; if m...e. of right, .hen i. follows that more
is intended by .he word liberty, 'han aniere e«mp-
on f°om imprifunment. and where (hall the Ime be
dtawn-net a capricious and arbit.ary l.ne. but one
warranted by rational and lepal conftrufl.cn ?

To fay that by elpoufing the caule of G'tit'Sti-
tain they became aliens, ar.d tbjt .t w.ll fatisfy the
reaty to allow them the fame proteflion to wb>cU
aliens are enti.led_is to admit that ^fj^^s "laj
at pleafore renounce .heir allegiance to the ftate o|
which they ar£ members, and devo.e .hemfelves
to a foreifin inrifdiflion ; a principle coo.'"'? '?'•!;
,nd fubv'rfive of government. But even th«i wil
no. fatisfy the treaty ; for aliens cannot ho\A KiX
proper.y under our government ; and 'f<hey ««»''"''
all their real eftates belong .o the public. This will
be to all Joteots and purpofes, a confifcation ot

property.

been COR-
Dt of ihe
fame go-

JU(1 COD-

:xetnptioQ
: adopted,
; and by
it, of ihc
lUDt to a
hey could
thofc who

protection
cDi of the

matter of
:e in the
rocot may
itfcif, ihat
irtually dc-

that more
ere excrop-
thc line be
e, but ooe
^icn ?

GrcatBri-

fatisfy the
D to wbich
jbjeits may
he ftatc of

thcmfclves
rary to law
en this \n\\\
I hold real
ey are aliens.

This will
ififcaiioD of

property,

C 9 )

property. But this Is not all, how r'ocs ic appear tha?
the perfons who arc thus to be ilripped of their
citizeiiftiip, have be?n guilty of fuch an ai!hcrcnce
to ihe enemy, as in legal conromplation amounis to a
Clime. Their merely rcmaioiog in their polTtfiions
under the power of the cocqucror docs not imply
this; but is executed by the laws an! cuftoms of all
civilized naticns.. To adjudge them culpable, ihey
mud be hilf tried and convi^lcd} and this the treaty
forbids. Thefe are the difficulties involved, by re-
curring to fubtle and tvafive, inftead of fimple and
candid conflruaion, which will teach us that the ftipu-
laiions in the treaty, amount to an amnefty and aft

of oblivion.

There is a very fimple and concluUve pomt ct
view in which this fuhjeO may be placed. No ciiizea
can be deprived of any right which the citizens ia
general are intitled to, iwlefs forfeited by fome offence.
It has been feeo that the regular and conflitu-
ti«nal mode of afcertaining whether this forfeiiure
has been incurred, is by legal procefs, trial and con-
viftion. This ex vi termini, fuppofcs profecuiiOD,
Now confiftent with the tieaty there can be no future
profecuiion for any thing done on account of the
war. Can we then do by aft of legiilaiure, what
the treaty difables us from doing by due courfe o£
law ? This would be to imitate the Roman General,
who having promifed Antiochus to reftore half his
veflels, caufed thpm to be fawed in two before theik'
delivery ; or the ^hixx, who having promifed the
Thcbans to reflore their prifoners, had them firft
put to death, and returned them dead.

Such fraudulent fubterfuges are juflly confidered
more odious than an open and avowed violation cf
treaty. When thefe poflure-maftcrs in logic arc
driven from this firft ground of the meaning oi the
treaty ; ihey arc forced to that of atuckiog the right?
^ jB of

( Id )

of Congrefs to make fuch a (lipulatioQ. and arrjlgnlog
the impudence of Great- Britain in aiicmpiing to make
tcrros for our own fubjcas. But here as every where
clfe, they are only fuccefsful in betraying their nar*
rowncfs and ignorance.

Does not the aft of confederation place the cxcla-
five right of war and peace in the United States m
Congrefs? Have they not the fole power of making
treaties with foreign nations ? Are not thefe among
the firft rights of fovercignty. and does not the
delegation of them to the general confederacy, fo far
abridge the foverdgnty of each particular (late?
Would not a different doftrine involve the contradic
tioa of impnum in imperio f What reafonable limits
can be affigned to thefe prerogatives of the union,
other ihan the general fafety and iht jundamentah
of the couftitmion ? Can it be faiJ that a treaty for
arreftiog the future operartion of pofitive a6>sof legif-
Jature, and which has indeed no other effeft than
chat of a pardon .for paft oficnces committed againft
thefe a6^s, is an attack upon the fundamentals of the
ftate conftiiutions ? Can it be denied that the peace
which was made, taken colleaively, was maoifeftly for
the general good ; that it was even favourable to the
folid intereOs of this country, beyond the expcaaiioa
of the raoft fanguine ? If this cannot be denied ; and
none can deny it who know either the value of the
cbjeas gained by the tfeaty, or the oeceffity thefe

flakes were under a: the time of making peace ?

It follows iliat Congrefs and their Mioifters aaed
wifely iu making the treaty which has been made;
and it follows from this, that thefe ftates are bound
by ir. and ought religionily to obferve if.

The utl popdiiif, eacb party to hold what tt
jMis, is the point from which nations fet out m
framing a treaty of peace ; if one fide gives up a pare
»f ks accj^nifitioii?, the other 5d« r«nd«rs ao cqutvaleet

g (o make
jry where
heir nar-

the cxcla-

States m
of making
:fe among

not the
icy, To far
lar (late ?
contradic-
lable limits
he uDJon,
ndamentals

treaty for
^s of legif-
ciTeft than
:ed agaiofl
raisof the

the peace
nifcftly for
able to the
expcOaiioQ
enied ; and
iliie of the
effity ihcfe

>eacc ? •

ifters afted
eeD made;

are bouud

d what it
J fet out in
;s up a pare
€qu(ivaleB£

( n )

i tee other way. "^^^^^'^^ ^"^S^

G.eat-Bricain for all the itinoorraat c««™^

cT.s m^de. She has rende:cd ^^ ^J^^

i„.e .^^ hs l.rge dependenc.es. ^^'^ ^^^.J^^^J

... i^meaiely -^-^^^f ^^^^^t ^ ^i" one

5..hole.fu.t.3^;me^~^

to the navigation of the M.UiUpp • ^

ft.re in the filh^.s. ^^^^V^ei^^- ^Y

SrJ^7Sllthe"^^s,wna:e^^^

bL our origin.l P-^^^^^ " fa\"^

Che laws of °^^--l- ^:,\7t':e give'n re^n ?

bcra<lheremsa™ogas. How,nt>gnm ^^^^

'*'Tffb"efa;:.°"a.'G:«,.Britain has only rcfiored
,0 uV whi (he had uDiuttly taken from as. and that
rhcrefoTe we a.e no. bouod ,o -^e co.peaa^.n -
This admics of fever.l ''"f^J.^-f'f ,,,'",„« of

Srmndiv Thai hnwewr ihe prmc.pie of the ob
yrU have ^-/Xrrc' af^^r-'lh;
mifmg an eqaivaleot. u '=^"« '°\ '^M as to the

external effects ot war, inc vuiu j - -^-^^^

knows no diftiaflio- ^^.'^.f" J^ J,f '"Je' 'Jd^s.he
of the quarrel; bot m the "«»'? °[ P ; " / „hich

"on,ra£?oK P«"«/P°^,f J^'^L Xf»^en« of
i» , Bcceffiry confenaeBC? of the mwpe ^^^.^^^_

(

)

uaticns; for as ihcy acknowledge no common jiicJ^;
ii in concludiog peace both parties were not to ftad
*i3pon the fame ground of right, there never cotd
be an adjuflaaent of diflferenccs or an end of wa-,
This is t fettled principle.

Let us examine the pretext upon which it is div
puted, Congrefs, fay our political jugglers,* have d
right to meddle with our internal police. Thei
would be puzzled to tell what they mean by the ex
preffion. The truth is, it has no definite meaning j
for it is im|)offible for Congrefs to do a fingle aft
which will not dire^ly or indircftly afFca the internal
police of every ftate. When in order to procure
privileges of commerce to the gtizensof thefe dates
in foreign countries, they ftipulate a reciprocity of
privileges here, flioes not fuch an admiffun of the fub-
je-Hs of foreigtj countries to certain rights within thefe
ilares operate, iipmedine'y upon their inteunj police P
And were this not done, would not the poAer of mak-
ing commercial treacles vefted in Congrefs, become a
fn-rc nullity ? 1» (hort. if oorhing was to be done by
Congrefs that woulj afFecl our internal police, in the
large fenfe in which it has been taken, would tot all
the powers of the confederation be annihilated and
the union diffolved ?

Bat fay they again, fuch a thing was never heard
of 3S-an indemnity for traiterous fubje(!ls Itipulafed in
« treaty of peace. Hiftory will inlorin them that it
h i llipulation often made. Two examples (bill be
fi eJ ; The treaty of Muofler which put ao end to
i'i2 niiFereaces between Spain and the Uoited Pro-
\i"ic<i2, after the revolution of thcfe provinces : The
t'Ca:y coQcluicd in 1738, between the Eupirc,
France, Spain, Poland, and (cveral other powers, cal-
. led iba Chridian peace. The war which preceded
this rreny was one of the moft complicated in which
I'^^rr.pe. ha4 been engaged j the fucccflion to the

"Spaniib

ion jnd^,
)t to ftad
ver cotd
I of w?,

I ic IS div

!,*h«VC Di

c. The] '
)y ihc ex
rocacing j

fingle aft
le ioteroal
3 procure
lefe dates
rocfty of

the fub-
ihin thcfe
ii police ?
r of roak-
become a
r done by
e, in the
J Ctoc ali
ated aDd

er heard
ulafed ia
I that ic

(bill be
3 end to
sd Pro-
5: The
Enpirc,
ers, cal-
►reccded
n which

to the
Ipanifl;

( n )

SpaniCh Monarchy, and the right to the throne of P«»
land, had been included in it, Siamllaus having bees
obliged to abcicarr^ the crown. Different parts of the
nations concerned had taken oppofite fides. Many cf
the German Princes had been in arms agamrt the
Empire to 5»hich they owed obedience : This treaty
not only mmually flipulates indemnity to the fubjefts
of theiefpeftive powers, but even reftituiion of pn^
ferty and offices^ The Emperor, who contraftcd in
behalf of the Empire,' has much lefs cxtenfive powers
as he^d of the Empire, than Congrefs as reprefenta-
tive of the United States.

But let it be admitted that Congrefs had no right
to enter into this article— Dacot equity and pru-
dence ftrongly urge the feveral ftaies to comply
with it ? We have in part enjoyed the benefit of
the treaty ; in confeqaence of which, wte of this flare
arc now in pofftirion of our capital ; and this implici
an obligitioQ in confcience, to perform what is to* be
performed on our part — But there is a confideraiioa
which will perhaps have more force with men, wh«
feem to be fuperior to confcientious obligations;
it is that the Briillh are (till in poffeffion of our
frontier pofts, which ihey may keep in fpitc of us ;
and that they may effeniially exclude us from the
filheries if they are fo difpofed. Breach of treaty
on our part will be a juft ground for breaking it oo
iheirp. The treaty muft (land or fall together. —
The wilful breach of a fingle article annuls the
whole. ■'^ Congrefs are appoin^vcd by the conftitu-
lion to manage our ibreign concerns. The nations
with whom they contract are to fuppofe they undcr-
iland their own powers and will not exceed ihem.
If they do it in any inftancc< and we think it proper
to difavow the a£l, ic wiii be no apology to thofe
with whom they contraft, that they had exceeded
their authority. One fide cannot bt bound unle&
•the obligation is reciprocal. Suppofe

* Vatel, Enok ^, Ch. 4. \ ^-j. Grotlu5,Beolf j.Ch. J^, ^ 14,

*i!

( H )

Suppofe thco Great. Britain (hould be induced to
rcfufc a further compliaoce wich the treaty, in con-
fcqaCQCC of a breach of it on our part, what Giaatioo
IhoQld we be in ? Can we renew the war to compel
a compliance. We know, and all the world knows,
it is o«t of our power? Will thofe who have here-
tofore affifted us take our part ? Their afFiirs require
peace as well as ours, and they will not think them-
fclves bound to undertake an unjuft war to regain to
us rights which we have forfeited by a childilb lc?uy
and a wanton contempt of public faith.

We (hould then have facrificed important mtcrclts
to the little vindiaive felfilli mean paflions of a few.
To fay nothing of the lofs of territory, of the diiad-
vantage to the whole commerce of the unio", by
obftruaions in the fiOieries j this ftate would lofc an
annual profit of more than £. 50, 000 Sterling, irom

the furr trade. . .

But not to iofift on poflible inconveniences, there
is a certain evil which attends our intemperance, a loft
of charaaer in Europe. Our Miniftcrs write that
aui condua. hitherto, in this refpeft, has done us
infinite injury, and has exhibited us in the light of a
people deftitute of government, on whofe engagements
©f courfe no dependence can be placed.

The men who are at the head of the party which
fontcndsfor difqualiacation and expulfion, endeavour
:o inlift a number of people on their fide by holding
oui motives of private advantage to them. To the
Trader they fay, you will be overborne by the large
capitals of the Tory merchants ; to the Mechanic,
your bufinefs will be lefs profitable, your wages lefs
confiderable by theinteference of Tory workmen. A
pan, the Icaft acquainted with trade, will indeed
laugh at fuch fuggeftions. He will know, that every
merchant or trader has an intcreft in the aggregate
faafsof capital or ftock in trad? 5 that what he himfeli

induced to
ly, in con-
hai OtU'dtioa
ir 10 compel
orld knows,
have here-
fiirs require
think them-
10 regain to
lildifti lc?ity

mt iotcrcfts
IDS of a few.
)f the difad-
union, by
ould lofe an
Urling, from

cncea, there
erance, a lofi
s write that
las done us
le light of a
engagements

party which
in, endeavour
le by holding
em. To the

by the large
he Mechanic,
lur wages lefs
workmen. A

will indeed
)W, that every
the aggregate
hai he himfel?

( tj ) .

wants in capital, bemnfl make up in credit; thattia^
lefs there are others who ppffefs large capitals, this
credit cannot be had, and that in the diminution of the
general capital of the State, commerce will dectioe,
and his own profpe£ls of proBt will dimiiiifti.

Thefe arguments, if they were underftood, would
be conclufive with the Mechanic :— " There is already
•* employment enough for all the workmen in the
•* city, and wages are fufficicnily high. If you could
*• raife them by expelling thofe who have remained
" in the city, and whom you confider as rivals, the
" extravagant price of wages would have too cffefis;
•' it would draw perfons to fettle here, not only front
" other pans of this State, but from the neighbouring
'* States :-— Thofe clafles of the community who arc
to employ you, will make a great many (hi fts rather
** than pay the exorbitant prices you demand; a man
* will wear his old cloaths fo much longer before he
'* gets a new foit ; he will buy imported (hoes cheap^
** rather than thofe made here at fo dear a rate :—
" The owner of a houfe will defer the repairs as long
*• as poflible ; he will only have thofe which are ab-
« folutely neceffiry made; he will not attend to
** elegant improvement, and the like will happen id
" other branches. Thefe circumftances will give
** you lefs employment, and in a very little time bring
•» back your wages to what they now arc, and cvca
•« fink them lower. But this is not all : You are not
required merely to expel your rival Mechanics, but
you muft drive away the rich merchants and others
•* who are called Tories, te plcafcyour leaders, wh»
" will pcrfuade you they ^i^ dangerous to your liber-
ty (though in h& they only mean their own confe-
qucoce ) By this con^udl yon will drive s^ay the
principal part of thofe who have the means of
becomiog large undertakers. The Carpenters and
" MafoDS in particular, rauft be content with patch-

«ing

<«

({

) '

M;i

hn\

''! i

-c;j

••*

( lO ■

« iogupthe houfcs already built, and buijdidg iitilc
" huts tipon the vacant lots, inftcad of having profi-
" tabic and durable employment in credling large and
« clegint edifices."

There is a certain proportion or level m all the
departments of induftry. It is folly to think to raife
any of them, and keep them long above their naiuial
height. By attempting to do it the oeconoray of the
political machine is diflurbed, and, till things return
10 their proper ftaic,; the fociety at large fufters.
The only objcft of coticern with an iadultrious arti-
fan, as fuch, ought to be, that, there may be plenty
of money in the community, and a bri/k commerce
to give it circulation and aftivity. All attecrpts at
profit, through the medium of monopoly or violence
m\\ be as fallacious as they are culpable.

But fay fome, to fuflfer ihefe wealthy difaffeaed

men to remain amQog us, will be dangerous to our

liberties ; enemies to our government, they will be

always endeavouring to undermine it and bring us

ksck to the fubjcftion of Greai-i&ritain. The fafeft

reliance of every government is on mens interefts.

This is a principle of human nature, on which all

political fpceulation. to be p{\, mult be fonndcd.

Make it the iuiereft of thofe citi^ensi who, during

the revolution were oppofed to us, \o be friends to

the new government, by affording them not only

protection, but a participarion iu iis privileges, and

they will undoubtedly become its triends. The

apprehenfioQ of returning under the dominion of

Great-Britain is chimerical; if there- is any way to

bring it about, the raeafares of thofe men, agaitifl

whofe condua thefe remarks are aimed, lead diredtiy

to it. A diforderly or a violent government may

difguft the bed citiz-ns, and make the body of the

people tired of their indepeudcoce.

The

iildiflg iitifc
aving piofi-
g Urge aod

) in all the
link (0 raife
heifDatuial
loray of the
lings return
irge fuftersr
iftrious arti-
y be plenty
k commerce
attecrpcs at
or violence
•

f difaffe^ed
rous to our
bey will be
3d bring us

The fafeft
as interefts.
which all
be fonndcd.
who, during
»e friends to
m not only
ivi leges, and
lends. The
dominion of

any way to

men, agaitid

lead directly

rnment may

body of I he

The

( 17 ) •

The crc^arraffcd and cxhauflcd (late of Great-
Britain, and the political fyftem of Europe, render it
impoffible tor her ever to rc-acqoire the dominion of
this country. — Her former partizins muft be con-
vinced of this, and abandon her caufe as defperatc.
They will never be mad enough to rifk their fortunes
a fecond time in the hopelefs attempt of reftoring
her authority ; nor will they have any inclination to
do ir, if they are allowed to be happy under the go-
vernment of the fociety in which they live. To
make it prafticable, if they fliould be fo difpofed,
they mull not only get the government of this ftate,
but of the United States into their hands. ^ To
fuppofe this poffible, is to fuppofe that a nnajoriiy of
the numbers, property and abilities of the United States
has been and is in oppofition to the revolution. Its
fuccefs is a clear prqpf that this has not been the cafe ;
and every man of informnion among us, knows the
contrary,— The funpofition iifelf would fiiow the ab-
furdiiy, of expelling a fmall nnmber from the city,
which would conftituce fo infignificant a proportion
of the whole, as without diminifliing their influence,
would only increafe their difpofition to do mifchief.
The policy io this cafe would be evident, of appeal-
ing to their interefts rather than to their fears. No-
thing can be more ridiculous than the idea of expelling
a few from this city and neighbourhood, while there
arc numbers in different parts of this and other flatcs,
who muft neceffarily partake io our governments, and
who can never expert to be the objects of animad-
vcrfion or cxclufion. It is confirming many ioi their
eqmity and prejudices againft the ftaie, to indulge our
enmity and prejudices againft a few.

The idea of fuffering the Tories to live among us
under difqoalifications, is equally mifchievous and ab-
furd. It is fteccflitaiing a large body of citizens ia
the ftaic to cominuc enemies to the gQverament, ready

C ^^

. 1

l|:

' .-

i\r

ili|;-\%

/%t

{

'r 5 1

( i8 )

at aH times, in A moment of commotion, to throw iheip
weight inro that fcale which mcdifaics revenge, whe-
ther favourable or unfavourable to public liberty.

Viewing the fubjeft in every pofliblc light, there
ii not a fiQgle inccreft of the cornmuaity but dilates
moderation rather than violence. That honerty is
ftill the bed policy ; that juftice and moderation arc
the fureft fupportsof every government, are maxims,
which however they may be called trite, at all times
true, though too feldom regarded, but rarely neglcft-
cd with impunity. Wer-j the people of America,
with CDC voice, to aOc, What (hall we do to perpc-
mtecur liberties and fecure our happioefs? The
anfwer would be, " govern well" and you have no-
thing to fear cither from internal diafFc6lion or exter-
nal hoQility. Abufe not the power you poiTefs, and
you need never apprehend its diminufion or lofs. But
if you make a wanton u(c of ir, if you furnifti another
(example, that defpoiifm may debafe the government
of the many as well as ^\t few, you like all others
that have afted the fame part, will experience that
liccntioufneD is the fore-runner to flavery.

How wife was the policy of Augudus, who after
conquering his enemies, when the papers of Brutus
were brought to him, which would ha?e difdofed all
his fecret affociates, immediately ordered them to be
burnt. He would not even know his enemies, that they
might ccafe to hate when they had noihing to fear.
How laudable was the example of Erirabetb,^P
when (he was transfer ed from the priibn to the thiBMC,
fell upon her knees and thanking Heaven, for the
deliverance it had granted her, from her bloody^ per-
fecutors ; difralffed her rcfentment. " Tbis aft of
' pious gratitude, fays the hiftorian, fccms tohavcbccq
the lad circumftance in which the remembered any
paft injuries and hirdttiips. With a prudenqc and
raaaaanimity truly laudable, (he buried all oflfcDccs ^
7-5 "^ * ' ' ' ' / " pblifion,

irow their
;ngc, whc-
crcy.

ght, there
K dictates
hooerty is
;ratioD are
e roaxims,
It all times
ly negicft-
Araerica,
to perpc-
3efs? The
have no-'
or cxter-
)o{refs, and
r lofs. But
lifli another
government
: ail others
jrience that

•

, who after
s of Brutus
difclofed all

thein to be
ies, that they
ling to fear.
natJeth, whp
} the thfscie,
ren, for the

bloody* per-
Tbis aa of
to have beeii
jmbcred any
radenqe and
II oifeoces it\
oblivion,

- (• 19 )

oblivion, and received with affability even thofe, wh«
bad a£lcd with the grcatcft virulence againft her,*'
She did more— (he retained many of the oppofite party
in her councils.

The reigns of thefe two fovercigns, are among the
moft illuftrious in hiftory. Their moderation gave a
(lability to their government, which nothing elfe could
have effcftcd. This was the fecrct of uniting all parties.

Thefe fentiments are delivered to you in the frank-
nefs of confcious integrity, by one vfhofeeU that foli-
citude for the good of the community which the
zealots, whofe opinions he encounters profcfs, by one
who purfuesnot as they do, the honour or cmolu-
menis of his country, by one who, though he has
had, in the courfe of the Revolution, a very confiden-
tial (hare in the public councils, civil and military,
and has often, at leaft, met danger in the common
caufe as any of thofe who now a(rame to be the
guardians of the public liberty, aiks no other reward
of his countrymen, than to be heard without preju-
dice for their owq intered.

P H O C I O N.

P. S, While the writer hopes the fentiments of
this letter will meet the approbation of difcreet and
honed men, he thinks it necelTary to apologize for
the hafty and incorteft manner. Perhapi? too, exprcl-
fjons of too much afperity have been employed againft
thofe who take the lead in the principles which arc
here oppofed ; and feelings of indignation againft the
pernicious tendency of their meafures, have not ad-
mitted fufficient allowances for what is, in fome
inftances, an honeft, though mJ^'^ken, zeal. Though
the writer entertains the wor(i opinion of the motives
pf many of them, he believes there are fonae who
a£t from principle.

//£4^