USA > New Jersey > Documents relating to the revolutionary history of the state of New Jersey, Vol. V > Part 20
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3. The want of necessary power in the collective body of the United States. It is not the number of states in the union, or of their delegates in council, which can procure our preservation or deliverance, but the porrer and abilities they possess. However great the power of extensive America may be, what may it avail, if it cannot be brought to a neces- sary point, to frustrate the views of our enemies? However great our resources, what benefit can they afford, if they cannot be brought forth for a seasonable supply? An essential defect in most republicks is a want of necessary power, in their representative body, which causes dilatory operations, and frequently pernicious consequences to the com- monwealth. Of all others; the American republick seems to have neg- lected this leading principal, in their constitution : While every state has been engaged in its own, the general one has been neglected. And I am fully persuaded, that this is the chief cause of our most dis- tressing calamities. It is true, we have a Congress, a Council of the United States. But are they much more than a mere Council. The acts of that august body have often raised in my mind the idea of a strange novel in the political world. They say, be it resolved, that .such and such things be recommended to the respective states. Then if a mere majority in either branch of any Legislature gives a negative upon the measure, ten to one, if the whole is not void, however neces- sary it may be. . Beside the pernicious delays, which attend such a course of business, the different Legislatures cannot possibly be compe- tent to judge of matters, elsewhere debated upon proper materials. A want of necessary power in Congress may endanger the chain of union. For instance, Congress bas parcelled out to the different states, their respective quotas of supplies for the support of the war. Suppose one, two, or three states, on some pretended excuses, refused to comply, what then? must the others make up their deficiencies, or must the army suffer, disband, and the country be lost? It seems evident, that
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mery department in an empire, ought to enjoy such powers as are pacessary for the discharge of its offices for the good of the community. Therefore all such powers as belong to the policy or good and wholesome poverament of each individual state, ought to be, and remain unalien- wie. But the powers by which the general matters and concerns of the empire are to be managed, ought to be lodged in Congress, agree- able to such general outlines, particulars ought to be squared. It may De mald, it is dangerous to entrust Congress with too much power. I answer, what is too much? what is necessary for the well-being and safety of the whole, cannot be too much. Why is such power more dan- @tous In Congress, than in the respective Legislatures? are not its Gembers annually elected from among our citizens, daily liable to mix again with them in the private stations of life; and so become again ear with them? or is it because the Legislatures, and not the people, appoint them : Then the danger originates from the Legislatures? Iť w. It might be remedied by dividing cach state into circles, and the people themselves to appoint their delegates. This objection therefore rather insinuates some secret views, than real danger. To Congress ought to belong the disbursement of the publick finances ; but a suffi- dent check against danger here, would be, that the different states bad a free and incontrolable right,-to inspect the national accounts, to Instruct their delegates, and to impeach and punish them for mal- administration.
The chain of my ideas has already led me into lengths, which for- bids me to proceed at present. I remain, Sir, &c.
Feb. 8, 1781. A TRUE PATRIOT.
AN ORDINANCE,
Relative to the Capture and Condemnation of Prizes. [ For this Ordinance, see Journals of Congress. ]
FOR THE NEW-JERSEY GAZETTE. To Homo Sum.
Sir,
In your piece on the subject of slavery you are pleased to take it for granted that it is injustice to continue our Negroes in their present state, and assert that of this opinion are two gentlemen who some time since, in this paper, wrote against a law for their manumission. Their performances are now before me, and I must beg leave to inform you, I do not find they give up this point. One of them, indeed, after adduc- Ing several arguments to exculpate those who, possess slaves among us from the charge of injustice, in this respect, says, he wishes not to contend for the justice of retaining our Africans in vassalage ; and, for argument sake doubtless, permits his readers, if they "please," to conclude that justice demands their liberation, that he might next shew the Impolicy of freeing them at present. This is all, Sir, from which you could have formed the idea above expressed. But as you are "an old man," and depended on your memory only, I can readily apologize for the mistake. Thus erring, you did not I suppose, think it material to combat any of their arguments on this head, but proceed to censure them because they can not now consent to the emancipation of our Negroes. With what propriety you compare these writers to Felix, a man self-convicted of guilt, and who, notwithstanding, impiously pro- crastinated his repentence, I will not enquire; nor yet will I examine Into the justness of your unreserved declaration, that "much the greater part of mankind were made of a different complexion with us ;" ---- or, as 1 Immagine you meant, that "much the greater part of mankind at present are black" for Wf' Hl was granted they are a Hitte swarthy or not perfectly white, it would not be anything to your purpose. The expression Is certainly very harmless in the present dispute, and if it does not injure yourself It cannot hurt any other one. But I will take the liberty to animadvert on the other parts of your "gerawl," as you condescend to call it.
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We are informed you do not desire an "immediate liberation of vts Negroes." - - - No. A Score or two of years are to elapse first. But wby so? To obviate, at once, all the "reasonings" of those who fear theit present release would be attended with pernicious consequences to the state. Not that to free them then, without satisfying their owners for their undoubtedly lawful property. would be less unconstitutional at that period than now. You do not seem to entertain an opinion that. in either case, our Assembly, should they grant the request, would deviate from their line of duty, or trespass on our rights. I am really grieved that so respectable a character should be so unacquainted with our principles of liberty ; - -- but perhaps we are in duty bound to attribute this defect also to a decayed memory. I could wish, howerrt. before you design to write again on the subject, you would refresh your powers of recollection, by an attentive perusal of our constitution. If you do so, I am persuaded you will not again propose the example of the state of Pennsylvania in this case, as most worthy to be copied after by us. And also, that you will not think it a trifling thing for individuals, in this manner, to be deprived of their legal property.
Shall I remind you of the principles on which, with so much justice and wisdom, wo opposed the (in itself) contemptible duty laid by Great Britain on her tea? - - - Whether the masters of slaves could afford the is loss or not, I need not observe to you, that this is not the questlos If the Almighty is offended with us for keeping slaves, would he be pleased with an act which should liberate them at the expense of fraud and injustice? Such a sacrifice would be most disgustful, I believe, to the God of justice and holiness : And are we compelled to offer sub incense to the Divine Majesty? Let our oblation then, of this kind. be offered up by the hands of justice, at least, if nationally, and with sincerity, piety and love, if individually. As you have been happily convinced of the iniquity, of detaining Negroes in thraldom, it cannot be doubted but the moment you signed the petition for their release. with a proper disposition, you freed every one of them in your posse, sion : And if it was unjust for you to hold them in captivity a few months ago, it was so seventy or eighty years since; and I conclude also that you have duly stated the account of their service and yout expense, and faithfully paid them the balance, if any, there was in their favour. To this I have no objection ; nor do I object that your vener. able example, in this instance, should be imitated by every slave holder in the state, provided this practice shall be approved by our legislators, and be for the emolument of our Africans, Nor would I in any manner blame you, yourself being persuaded to preserve others others in slavery is a vice, were you with great zeal to address the consciences of the proprietors of slaves, and endeavour to cause them to forsake a practice which you deem sinful. And permit me to say, I am clearly of the sentt. ment that this, or something similar to it, is All that would become you, or any others, to do in the matter: This is your ne plus ultra Petitioning the Assembly, in your strain, betrays things in you that I do not choose to mention lest I offend.
Being now proselyted by your petition, you think the dignity of the state is interested in the immediate passing a law for the abolition of slavery. But, would a solemn act of publick Robbery, or Fraud increase our Dignity ? Such is the act I presume, you request of the Assembly ; but, inadvertently, you have petitioned for it, I hope, and until I can be convinced that such a law would do us Honour, you will think mne justifiable in opposing it, though I cannot believe it will be necessary for me, or any one, to say much on the subject.
Having wrote thus far, Iagain read your publication, and you will pardon me when i say, I saw nothing more in It worthy of attention, except that from its first to its last letter, you concert It is sinful to retain our blacks in a state of servitude, and that your proposed law, would be just ; but with respect to all those who do not agree with you in these things, the arguments, or observations deduced from them, can have no weight, and to others they are needless. Before I conclude, however, let me remark, that as the petition you have annexed to your performance, does not in the opinion of some men, contain a syllable
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No prove the injustice of detaining our slaves in service, or that it would be just for the Assembly to grant its prayer, (whatever senti- #at the paper may contain, by implication, reflecting, in part, on the Justice of the divine government, administered to the people of forach these persons are tempted to suspect your sincerity, and to dobt whether, in fact, you are "an old man." who "has had nogroos øver since you had property of your own." They are inclined to be- Wer this whole story, and the account of your conversion, to be a stroke at art ; a device to embellish your work, and give it a good grace ; but I will not be so rude : I will not hesitate to believe you are aged, very old indeed, so far advanced in years that there shall not be any eur, who thus thinks with me, but will highly commend my noticing you, and with so much respect, had it been in consideration of your a. only, which is always to be honoured.
I am, respectfully, and shall, in future, be proud, Sir, to be employed in your service. TRUTH ET JUSTICE.
CHATHAM, April 4.
On Tuesday night the 27th ult. about 200 regulars and refugees from Staten-Island, under the command of Major Beckwith, who had . eluded, by circuitous routes, the vigilance of the different patroles, ratered Elizabeth-Town in four divisions, where they captured ten of the inhabitants, one Lieutenant and three privates of the state troops, and two continental soldiers. They stayed about an hour and a half in town, and then retreated, with the loss of one man killed and another taken prisoner. They plundered the house of Mr. Joseph Crane to a very considerable amount.
On Monday night, the 26th ult. a detachment of eight men, from the state troops in Elizabeth-Town, went over to Staten-Island and brought of a Lieutenant and one private of the militia. They took two more, but the wind blowing fresh, and their boat small, incapaci- tated them so much that they could not bring them over.
MR. JOHN STAATS,
Having removed from this state, and some of his accounts remaining unsettled, Notice is hereby given to all persons who have any de- mands against him, to bring their accounts to the subscribers, in Somerset county, for settlement.
JOHN SCHENK, NICHOLAS PERINE.
Millstone, April 7. 1781.
TO COVER,
The Ensuing Season, At the Plantation of Robert Crage in Hunterdon county, near New-Germantown, The Famous Horse YOUNG LOFTY, Out of a Dawson Mare.
Young Lofty is a jet black, has a star, snip and one white foot ; full fifteen and a half hands high, and will cover at the low rate of
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Five Bushels of wheat the season. He was got by the noted horwe Old Lofty. It is needless to mention any thing farther in regard to his pedigree, as it is to be seen at his stand.
[Later advertisements similar to the foregoing will be noted by giving merely the names of the horse, locality and advertiser .- A. S.]
Morris county, March 24, 1781.
Whereas inquisition has sbeen found, and final judgment entered thereon, as the Act of Assembly of the state of New-Jersey directa, against John Hutchison, for forfeiting his allegiance to the state, and the United States,-This is to give notice, that all the real and per- sonal estate that did belong to the said Hutchison in this county, will be sold at publick vendue on Tuesday the first day of May next, to be held at the house that did belong to the said offender, at twelve of the clock on said day ; which are as follows,-An excellent Farm, containing upwards of 200 acres, on which he lived, in the township of Hanover, and two other tracts of land lying on Rockaway river, which are valuable, and Household stuff and Farming Utensils. All . which will be sold for ready money by us,
DAVID TIIOMSON, - Commis- sioners.
ALEX. CARMICHAEL, AARON KITCHEL,
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N. B. All persons that have any just demands against said John Hutchison are desired to make it appear before the Judges of the Court of Common Pleas as soon as the sales are over, that they may be settled. And all persons that are indebted to, or that has any of the effects of the said Hutchison in their possession, to pay and de- liver up the same, by the said day of vendue to the commissioners.
TO BE SOLD,
An excellent Negro Wench 33 years old,
for whom new state bills will be taken. Inquire of William Harring- ton, Bethlehem township, near Boskirk's tavern, Hunterdon county, New-Jersey.
STRAYED OR STOLEN,
From the stable of George Brown, in Trenton,
A Black Horse, 11 years old, 14 hands high, hog backed, and has some saddle marks thereon, shod before, and a natural pacer. Who- ever takes up the said horse, and delivers him to the subscriber at Bell Mount, or to George Brown, aforesaid, shall have Two Hundred Dollars reward, and all reasonable charges, paid by
GEORGE EKENSWALLER.
April 6, 1781.
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Wanted immediately, A PAPER-MAKER,
Who is industrious, and understands his business well, to whom good wages will be given by the subscriber at his paper-mill near Allen- town, in Monmouth county, New-Jersey.
WILLIAM TAPSCOT.
[ Horse Selim, Somerset Co .- Jacob Vandoren.]
From the New Jersey Gazette, Vol. IV., No. 173, April 18, 1781.
Number III.
Mr. Collins,
In my last I have endeavoured to shew the dangerous want of suffi- cient power in Congress .- Perhaps some of my readers will be some what surprized at my pleading for giving more power to a body, whose proceedings I had before shewn to have been exceptionable in several respects. But let my readers reflect upon the hint in 5th particular under the subject of mis-rule of government, No. III, and they will find my sentiments then the same. Tho' I fear there have been some bad members in that honourable assembly, yet I doubt not but there have been full as bad, if not worse, in the legislature. If so, ought therefore neither to have sufficient power for the purposes of their appointment? And I am satisfied, that many defaults of government are either ascribed to Con- gress, where Legislatures were to be blamed; or that the want of proper power in Congress has been the true cause. And I really and sincerely fear, if this evil in the constitution of the government of this empire is not redressed, we will still more repent it. Every republiek, partie- ularly an extensive one, must sink under the burthen of its own weight, except the distant powers are sufficiently collected to support it. The contracted republiek of Holland could not have supported itsself had it not been for their solemn confederation ; on which the powers of their States General depend. In consequence of which I remember to have read, that at one time, the province of Utrecht refusing to bring up their quota of money for the common cause, the States General ordered their army into that province and forced a compliance. Which, however disagreeable, appears, 'In case of unreasonable obstinacy, abso- lutely necessary for the preservation of the whole. And there seems the same reasons, and no more danger, for the different states to sub- mit such general powers to Congress, than there is for the different counties to submit theirs to the Legislature of the state. These mat- ters I suggest from a mere concern for the well being of my country. I have not the least concern or correspondence with any member in Congress ; and my circumstances in life are such that I have not the least distant prospect of ever becoming one of its members. My coun- try's welfare is my darling object .- To the former two capital remedies I add,
3. That government enact laws, and execute them with spirit, for curb- ing the pernicious effects of malicious machinations against the states, and the preservation of good order, and the property of its subjects. This is the very life and source of vigour to civil society in a time of danger ; and the reverse unavoidably leads into decay. All nations in all ages afford demonstrative evidences in support of this observation. -If our laws are insufficient for these salutary purposes, my knowledge is not sufficient to point out the defects. But the executive powers will be pleased to pardon me, if I make bold to offer some remarks on matters of their department.
As to courts of justice, the general clamours of their supposed neg- lect affords me pain. I wish there may be no foundation for the gen- eral rumor, That when culprits, guilty of the most heinous crimes against
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the state, are apprehended, they generally escape, or trial, or punishment after trial. 'If these assertions are true, they are undoubtedly alarm- ing to the community. For the very end and purpose for which the subjects have yielded many of there inherent rights to government, and pledged their allegiance to them, was for the preservation of their peace and property : if therefore government permits individuals to disturb either of them, they betray their trust ; become accessary to the crime : and by receiving their pay for a principal business neglected, rob the publick. These generals, applied to particulars, show, that if a culpret escapes before trial, government is answerable for it to the community. The publiek is at the expense of prisons, and what belongs to safe keeping of prisoners : but of the safe keeping itsself is committed to the respective government departments, and therefore the community has a right to demand justice, and not permit themselves to be parried off with trifling excuses. Under these may lurk abandoned villany. If a culpret is tried, and the penalties of the laws not adjudged or executed according to the crimes or guilt, which lay within the power of the court to know. this constitutes a greater misdemeanor. If a court should be inclined to favour a prisoner at the bar, they may easily omit some responsible evidences, or so manage them as to prevent the jurors' virdiet against him, though guilty. I do not lay this to the charge of any court proceedings among us; I declare to have no sufficient reasons for such charge, but I hint it as a warning. The suspicions of many in the community are awake to criminal proceedings; as to their true causes I am not competent to judge. If there should be any real founda- tion for such murmurs, God forbid it should proceed from bribes : 1 rather would suppose they would have proceeded from a notion, that punishing one or two leaders in a gang as a terror to the rest, is suffi- cient. But it is evident, that this belongs to the legislature to judge of, not the court. That must take the law as it is, and by all due and proper means execute it, without any pretense to judge of its right or wrong. For in such case, the execution of every law might be suspended ; because the court might judge it improper. What then would become of the state? I clearly conceive that any judge, proceeding upon such principles, deserves to be removed from his office. Moreover, I think such a notion is evidently wrong. For view this in another case-Sol- diers enlist in the army, being encouraged by their bounty, pay, and rations ; they know they enter upon danger ; if they knew their officers, who lead them on, would only be aimed at, they would think their dan- ger less : But if every soldier expected inevitable death if he was to be led against the enemy, who would be got to enlist ? Just so with such gang. Their object is enticing, and are encouraged by a perhaps they may escape ; and if they are apprehended, every one hopes he will be among the number that will escape punishment. But if every one ap- prehended, guilty of a capital crime, was duly punished, and none escaped ; who would be encouraged to venture ?-- Therefore, may our courts of justice, in this critical day, be impartially engaged to prose- cute offenders according to the laws of their country ! And. my fellow- citizens, be cautious, and not believe ungrounded surmises, or propo- gate them to the prejudice of an institution so necessary. and useful to civil society. If friends to their country find reasons for suspicion, let them investigate the matter, and prosecute it to effect. Your own representatives are bound to redress your grievances.
As to courts-martial, it is obvious how much the peace and safety of both army and nation, in time of war, depend upon the. due and impar- tial execution of those laws. The depravity of human nature, influenced by selfish principles and views, expose the gentlemen, to whom the exe- cution of these laws is committed, to the danger of partiality in the abuse of their power, or neglect of their duty. A possession of power, particularly in those unaccustomed to it, too generally creates a haughty, domineering disposition, which is a strong temptation to overlook the rights of non-commissioned individuals ; and where-ever such a disposi- tion obtains sway in free popular states, pernicious consequences to the publick must ensue. Another danger is, when officers are Impeached by the community, or non-commissioned citizens; those who are to
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Migr are evidently exposed to the hazard of prejudice in favour of Meir commissions : And from this hazard proceeds the general jealousy, Projecting such judicial proceedings, in the community, both with re- spot to the army and the military affairs of the militia. And therefore is to of the highest importance to the peace and confidence of the citizens at large, that all such trials are conducted with all possible and demon- «tratise evidences of ingenuous impartiality. If cutprots are permitted to escape just punishment, it evidently encourages pernicious practices @ every military department, and creates suspicions of all such proceed- ex: so that the characters of truly innocents, acquitted from false as- Frelons by courts suspected of partiality, often suffer in the esteem of tto Ir country. Hence is evident, that the strict and impartial execu- Hon of justice in these courts is of great importance, as well for the due preservation of the characters connected with them, as for the good tweety. Where is a friend to his country, whose feelings are not wounded, when he reflects that Benedict Arnold had been impeached, and Bannerably acquitted by a court-martial; and now, after his attested Breason, to hear it generally allowed that the charges then alledged Brainst him were true? To observe a Director-General honourably ac- quitted, and that acquittal inveighed against with many plausible rea- costs, as procured by unfair and partial proceedings? To see a militia orneral publickly defend a field officer suspected of misconduct, whom cheral report assert to have not then acted under his immediate cog- nlance, and previous to any trial. Must not any subsequent court, ap- pointed under the direction of that General for the trial of such an oficer, become liable to suspicions? I need not show how exceeding per- marlous such suspicions are to us, particularly in our present circum- stances.
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