4^ ^ .n->/. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I |50 IIM 2.2 IM 1.8 « 1.25 1.4 i6L "< 6" - ► V] ^ 7 c'm c^: Lrm ^.. '\^ /^ Photographic Sciences Corporation ,\ « 1. •ss CONSIDERATE CITl2p9 '••#, ^.:, "sX vS.- ,Ni o t W NEW- YORK, On the Politics of the Day, ±a: NEW.rORK: PriBted b^SAMUEL LWOON. 1l * \4 • // '[(o/SR H £.36,50 'i^-mv 'ts'C-^^^^^' '?m 'm \. i road nici prii culj inte upc obj is ii cff: trai or wh nej atn fer of iDC ha( re\ tb. \ 50 ( 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 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 ) T 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 < .1 , ( 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 'fsof 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£ id ( 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 ? bcragnm ^^^^ '*'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 ^^^.^^^_ f ( It ) 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