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from money fe 111 afmefauf drawn
by him the said Alexander Trotttr, from
♦ho governor and company of the bank of
England, and in part fr-im Anns of money
fu placed Aiy the fa id Alexander Trotter in
rl'.c hands of i lie fa id MdTfs. Courts & co,
’ as as. rHf.-Id, wlstn mixed with and undifttn.
guilhed from the proper monks of thefaid
Alexander Trotter,
SIXTH ARTICLE.
That amoigtt the other advances »f mo
ney, so as uforciatd obtain 'd and received
by the laid Henry laird Vi (count Melville
from the said Alexander Trotter, the said
Henry Lord Vifdount Melville did precure,
obtain and receive from the laid Alexander!
Trotter, a film ot zz,ooof. or fonts other
large I Lin or films r.f money, advanced by
the fain Alexander 'Trotter to the fad Hen
ry Lord Viscount Melville without interdl,
put v. hereof was so advanced exclufirely
from public money so as aforefaid illegally
drawn from the Governor and company *f
the bank of England by the (aid Alexander
Tiotter ; and other part whereof was ad
vanced bom thefaid mixed fund, compcfed
as well of public money, so at aforefaid ille
gally drawn by the said Alexander Trotter
from the Governor and company of tie
bank of England, and placed by him in the
hands of the said Messrs. Courts & Compa
ny as as irclnld, as the j»r!»pcr monies of the
fiid Alexander Tr«n«r in the hinds of the
said MeflVs. Coutts & Co. which had been
mixed .therewith, and remained undiftin
guilhcd tlicrefrom. And for the psupofeof
more cffeftually concealing the said advan
ces of money, the said hooks of
vouchers, memorandums and writings, ware
so as a fore Add burnt and destroyed.
jrVIHTH ARIICUE.
That amnngft other advances ®f money,
so as aforefaid obtained and received by the
fail Hinry Lord Viscount Melville from
ih» said Alexander Trotter, thefaid Henry
Lord Viscount Melville did obtain and re.
ceive a fun*, of 22,000 k or some o;hor large
Turn or ferns of money, advanced to him by
the said Alexander Trotter ; and for which
it Lis been ailedged, by the said Henry
Lord Viscount Melville, that he was to
pay intcreft ; and for the purpnfe of more
tffcftually concealing the said last mentioned
advances of money, the said books of ac
count, von Iters, memorandums and wri
tings were so as aforefaid burnt and dc
itroyed,
EIGHTH ARTICLE.
That during all, or great part of the
time, the said Alexander Trotter held and
en j >yed the said office of pay mailer to the
ibid Henry Lord Viscount Melville, as
aforefaid, and the said Henry Lord Viscount
Melville held and enjoved the said office cf t
treafurtr of his Mrijcfty's navy, as aforefaid,
bur, the said Alexander Trotter did gra
fuitoufly, and without Adary or other pccun.
iary compensation, aft in and traufsft the
private buanefs of the said Henry Lord
Viscount Melville, as his agent, and was,
from time to time, in advance for the said
Henry Lord Viscount Melville, in that
refpeft, to the amount of from ten thousand
to twenty thousand pounds, or to some other
great amount: and which advances were
taken from the said Anns of money so platted
by the fpid Alexander Trotter in the hands
of the said Mtffrs. Courts and Co. con
fiding in part, of public money drawn by
him from the governor and company of the
hank of England, as aforefaid, and in part
of his cwn private monies mixed therewith,
and undiftingaUhcd therefrom as aforefaid ;
hv means whereof the said Henry Lord
Viscount Melville did derive benefit and
advantage from the aforefaid illegal afts of
the said Alexander Trotter.
And the said Alexander Trotter did so
gratuitously, and without falaty, aft in and
Uanfaft the private bnfinefs of the find Hen
ry Lord Viscount Melville, and make him
Aich advances of money as aforefaid, in con
fi.icration of the said Henry Lord Vifcsont
Melville at rnd permitting and fufferir-g the
said Alexander Tiotter so as afotefaid >o’ap.
ply and make life of tire said furos of public
money so drawn by him from the bank of
England, and applied and appropriated for
the purposes of private advantage, or inter
ell, profit, and emolument, as aforefaid e
and the said Alexander Trotter would not
have been, as was well known to the said
Henry Lord Viscount Melville not to have
been able to make Aith advances of money
to the laid Henry Lord Viscount Melville
as aforefaid, otherwise than from and by
means of the said Aims of public money so
. drawn by the said Alexander Trotter from
the hank of England, with the privity,
connivance, and perroiffion of the said Hen
ry Lord Vifcoum Mdville as aforefaid, and
applied by the said Alexander Trotter for
purposes of private advantage, intcrcft, pro
fit, and emolument; all which proceedings
and conduft of the said Henry Lord Viscount
Mdvillf, v ere contrary to the duty of his
said office, in breach of the great trull re
pined in him, and in gross violation of tho
laws and ilatutw of tills realm, and by all
and every one of the aforefaid afts done and
committed by him th» said Henry Lord Vis
count Mel vide, he was and is guilty of high
and naldcmeanors.
I
v * fvV3 *
THOMAS PAINE
'to the
CITIZENS OF PENNSYLVANIA,
’■ ON THE
PROPOSAL FOR C ALLING A CONVENTION
( Concluded)
Another fubjcft of complaint in Pennfyl
▼ariia is the judiciary, and this appears to
require a thorough reform. 'Arbitration
w:tl ofitfelf reform a great part, but much
will remain to require amendment.
The courts of law Rill continue to go or,
as to pradice, in the fame manner as when
the slate was a British colony. They have
not yet arrived at the dignity of inde
pendence, They hobble along by the ttilrs
a*d crutches of English and antiquated pre
cedents. Their pleadings ore made tip of
csfvsand reports bom English lawbooks;
many «fwhioh are tyrannical, and all of them
ate now fotcign to us. Our courts require
to be dometticatcd r foras they are at present
conduced, they are a dishonor to the nation
al fovcrcighty. Every c;.fe in America
j ought to be determined on its own merits,
according to American laws, and all refer
ence to foreign adjudications prohibited.
The inirodudtton ot them into American
courts serves only to watte time, embarrass
caafes, and perplex juries. This reform a
lone will reduce cases to a narrow corapafs
eafdy underflow.!.
The terms used in courts of law, in fhc
rifrs Tales, and on several other occasions in
writs, and other legal proceedings, require
reform. Many of those terms arc Latin,
and others French. The Latin terms were
brought into Britain by the Romans, who
spoke La tin, and who continued in Britain
between four and fire hundred years, from
the firft invasion of it by Julius Crefar, fifty
two years before the. chriftlan era. Th*
French terms were brought by the Normans
when they conquered England in rcd6, as
I have before (hewn, and whoso language was
French.
Thefc terms being still ufcd in English
law courts, fbcw the origin of those courts,
and are evidence of the country having been
under foreign jurifdiftion. But they serve
to by not being generally under
stood, and therefore they serve the purpose
6f what is called lavr, whose bufinels is to
perplex; and the courts in England put up
with the difgracc of recording foreign jtirif
diiflion and foreign conquest, for the fake
of ufmg terms which the clients and the pub.
lie do not underfiar.d, and frnm thence to
create the falfe belief that law is a learned
science, andlawycrsarclearredir.cn. The
English pleaders, in order to keep up the
farce of the profdlion, always compliment
each other, though in con tradition, with
the title of, pty leered href her. Twofajm
ers or two merchants will fettle cases by ar
bitration, when lawyers cannot fettle it by
law. Where then is the learning of the law,
or what is it good for ?
It is here neccffary to distinguish between
lawyer’t U< iu, and iegifiat'vvt law, Legif.
lativc law is the law of the land exited
by cur own legillaturcs chofcn by th» people
for that purpose. Lawyer's law is amass
of opinions and decisions, many of them
contradictory to each other, which courts
and lawyers have instituted thcmfelves, and
is chiefly made up of law reports of cases
taken from English law books,—The case
of every man ought to be tried by the laws
of his own country which he knertvs, and not
by opinions and authorities from other coun
tries, of which he may know nothing. A
lawyer in pleading, will talk several hours
about law, but it is lawyer’s law, and not
legijlative law, that he means.
The whole ot the judiciary «eeds reform.
It is very loofcly appointed in tnoft of foe
Rates and also in the gcnernl government.
The case, 1 suppose, has been, that the ju«
diciary department in a conttitution, has
been left to the lawyers, who might be in
a convention to form, and (hty have taken
care to leave it loose. To fay, that a judge
(hall hold his office during good behaviour
is faying nothing ; for the term, gotd btha.
•viour , has neither a legal aor a moral defi.
nition. In the common acceptation of the
term it refers rathar to a stile of manners,
than to principles, and may be applied to
lignify different and contradictory things.
A child of good behaviour, a judge of good
behaviour, a foldicr of good behaviour in
the field, and a dancing matter of good be.
haviour in his school, cannot be thefamegood
behayiour. What then is good behaviour
of a judge ?
Many circumftanccs in the conduft and
character of a man may render him unfit to
held the office of a judge, yet not amount to
cause of impeachment, which always supposes
thscommiffioa of fomc known crime. Judg.
es ought to be held to their duty by contin.
ual relpoAbility, inllcad of which the con
stitution releases them from all responsibility
except by impeachment, from which, by
the loose, undefined cfttblilhtnent of the
judiciary, there is always a hole to creep
out. In annual elections for legidators eve
ry IcgifUtor is refpoofihlc every year, and
no good rcafon can be given why those cn
trullcd with the execution of the laws should
not be as refponfiblc, at Rated periods, as
those entrusted with the power of eaafUng
them. *
Releasing the judges from responsibility
> is w itnitcion of an sft ts the English par-
Hamcnt for rendering tfie judges so far inde
pendent cf what is called ike crown, as rot
to be removable by it. The case is, that
judges in England are appointed by the crown A
and are paid out of the king's civil lilt, as
being his representatives when fitting in
court; and in all prosecutions for treason
and criminal offences, the king is the profe
eutor, It was therefore rcafonable that the
judge, before whom a man was to be tried,
(hould not be dependant for the tenure of
his office an the will of the prosecutor. But
this is no rcafon that in a government foun
ded on ehe representative system, a judge
(hould not be rcfponfible, and also removea
b!e by some constitutional mode, wirhout
the tedious and expenfiye formality of im
peachment. We remove or turn out presi
dents, governors, senators, and representa
tives without this formality. Why then
are judges, ,who are generally lawyers, pri
vilcdged with duration ? It is, I fuppofc,
because lawyers have had the formation of
the judiciary part of the constitution.
The term, (f contempt of court," which
has caufcd some agitation in Pennsylvania,
is also copied from England ; and in that
country it means contempt of the king's au
thority or prerogative in court, because the
judges appear there as his representatives,
and are stiled in their commissions, when
they open a court; “ his majcjly the kirg*s
ju flees,**
This now, undefined thing, called con
tempt of court, is derived from ihe Norman
conquest of England, as is (hewn by the
French-farm of words used in England,
with which proclamation for silence “ on
pain of Imprlfanmenty'* begins, ** Oyez,
Oyez, Oy>tz.“* This (k«ws it to be of
Norman origin. li is, however, a fpccies
ofdcfpotifm; for contempt of court is now
any thing a coart impcrioufly plcafe to call
so, and then it inflifts punifhmcnt as by pre
rogstive without trial, as in Pafmore’s case,
which has a good deal agitated the public
wind. This practice requires to be con
stitutionally regulated but not by lawyers.
Much yet remains to We done in the im
provement of constitutions. The Penn
sylvania convention, when it rnsets, will
be poffelfcd of advantages which those that
preceded it were not. The ensuing con
vention will have two constitutions before
them; that of '76, and that of ’9O, each
of which continued about fourteen years. I
know no material objeflion against the con
stitution of ’76, except, that in praAicu,
it might be fubjeft to precipitancy ; bnt
this can be eallly and effeflually remedied
as the annexed essay, refpefting ft csnjtl.
tat ions, government, and charters** will
(hew. But there hare been many and great
objeftions and complaints against the present
conftitiuion and the practice upon it, arising
frum the improper and unequal distribution
it makes of power.
The circumstance that occurred ia the
Ptnnfylvania senate in the year 1800, on
the bill passed by the house of roprclentalives
for choosing eleftors, juftifics Franklin’s
opinion, which he gave by request of the
convention of '76, of which he was pre
sident, refpefting the propriety or improprie
ty of two hoefes negativing each other,
“It appears to me, said he, like putting
*ne horfe\before a cart and the other behind
if, and whipping them both. If the horses
are of equal strength, the wheels of the cart,
like the wheels of government, will stand
fill; and if the horses am fir tug enough,
the cart will be torn to pieces.** —lt was
oily the moderation and good fenfc of the
•oantry, whieh did not in the dif
pure by the senate, that prevented Penn
sylvania being then tora to pieces by com
motion.
Inequality of rights has been the cause of
all the diftirbanccs, infucre&ions, and
civil wars, that ever happened in any coun
try in any age of mankind. It was the
cause of the American revolution, wh«a the
Englifti parliament fat itfelf up to bind
America in all cases what fever, and ta
reduce her to unconditional submission. It
was the cause of the French revolution ; and
also of the civil wars in England, in the
time of Charles and Cromwell, when the
house of commons voted the house of lords
useless.
The fundamental principle in reprefen
talive government, is. that the majority
governs ; and as it will be always happening
that a man may be in the minority on one
question, and in the majority on Slather,
he obeys by the fame principle that he rules.
But when there are two houfss of unequal
nuraburs, and thcfmaller number negativing
the greater, it is the minority that governs,
which is contrary to the principle. This
was the ca(e in Pennsylvania in j 800.
America has the high honor and happiness
of being the firft natiou that gave to the
world the example of forming written con.
ftititions, by conventions elefted cxpreflly
for the purpefe, and of improving the* by
the fame procedure, as time and experience
tiall (hew neccffary. Government in other
nations, vainly calling themfclves civilized,
has been cftabliftied by bloudflicd. Not a
drop of blood has been (hed in the U. States
in confcqucnce of eftafeii(hing conftirutiors
and governments by her own peaceful system.
The filcni vote, or the simple yea or my,
*■ * Hear ye, hear ye, hearye ,
«
is more powerful than the bayonet, fr!{ j
decides the ftrcngth of numbers withcu* -
blow,
I have now, citizens of
presented you in good will, with a colkc!
tion of thoughts and historical refetetv es
condenftd into a (mail compass, that
may circulate the more conveniently....
They are applicable to the fobjeft before
you, that of calling a convention, in the
progress and completion of ,which 1 with
you success, and the honor of (hewing a pro
fitable example to the Rates around you and
to the world.
Yours, in friendship,
THOMAS PAINE,
Ns<w~Rochclle t N. York.
From a Bourdeaux Paper, received by the
John & Francis.
Translation from the Madrid Gazette, of
the 6th August.
Admiral Grarina, has written to his Ex
cellency the Prince of Peace, under date of
the 29th July, as follows ;
“ Leaving Gape Finifterre ay leagues to
the fouth ealt, on the 22d July the combin
ed fqaadron proceeded with the wind w.w.w.
in the direction of cast, to southeast formed
in three columns, then covered with a
thick fog. 4
fC At noon the chafing vessels made a fig.
■al of feeing 21 fail to the e. n. b. the
greater part of which were {hips of the line.
We immediately formed the line of battle
with the larboard racks on board. I plac
ed myfelf at the htad of the Spanilh {quad,
ton which composed the advanced guard,
and the French admiral placed hiatfclf in the
centre of the line.
4t The enemy appearing to have 1 6 vef.
fels 6f the line, of which three were three
deckers and two armed en flute manoeuvred
on thcoppofite tack, apparently with a de
sign of turning our rear. To prevent this
the admiral made the signal to wear,
which was executed in an instant, without
waiting for the lull figtfal to commence the
evolution.
“ The last vefel of tic rear guard being
covered, the Argonaut, on which I lui
my flag, commenced a fire on the van
guard of the Eflglifh, which continuing the
movement it had commenced, prevented it
from diteovering the one we had executed.
The enemy's squadron formed itfelf in a
circle at the moment we executed the fame
manoeuvre, then began between our van
and tbe whole of th 6 enemy's line, within
half gun (hot, a very lively combat, which
extended itfclf facceffively t# the centre of
our line.
The fog was so thick, that in spite of
the proximity of the enemy, we could only
at intervals diftinguiih their vessels.
Our fire was conftamly supported and
well dircdlcd. Wc saw one three decker
which had loft her mizen and one of an in
ferior size which had loft her main and fore
mans. The aftion continued until nine
o'clock; the enemy then wore and gave ep
the adion ; we were then ranged in a firm
line.
The 23d at day break, notwithstanding
the fog, we difeovered that we had tno
vessels milling, the Firm and St, Raphael.
We then saw the enemy going *n the oppo
site tack; wearing immediately we re
eftafaliftied our iin« in giving them chafe;
we then saw that they had three (hips in
tow« that were difmafted, and that their
line of battle was competed of 13 (hips of
the line, one cf which had loft her forc
topmaft. We continued the chafe the whole
day without any fucoefs, the enemy having
constantly manoeuvered in a manner to pre
vent a fecund rencounlrc, v ,
The 24th passed in the fame manner;
we saw tfac enemy far to leeward, earring
all fail on the (larboard tack, the wind
blowing gently from the north cast.
The 25th, the wind was very* (Irong at
nwth-eaft with a high Tea, we then saw
nothing cf the enemy ; during the day wc
made Cape Finiftcrrc bearing due east, .
“ In this situation the wind being against
oor proceeding to Ferrol, and many of the
French vessels having water for no more
than fix days, embarrnffed hefides with
1300 Cck and wounded, without any means
of fuccouring diem, we determined to enter
the port of Vigo, that wc might obtain
the neceffarics wc stood in need of.
As fe«n as 1 (hall receive the particular
details from each vefll-1, I will hasten to fend
them to ycur excellency. The fix vessels
■ndcr ray orders, have fought on this *cca
ilon with a' great bravery as' understanding,
and 1 think that the enemy avoided a tecond
rencounter, only because he did hot *find the
firft very fatisfaAory. The force was equal
on each fide, as to the quality of vessels, as
we had not one three decker on our fide and
had two small ones of 64 guns each.
The admiral announces, that on the Bth of
June, the squadron being near Batbadocs;
two frigates difeovered at 10 o'clock in the
morning, a convoy 16 fail and made a
signal for a general chafe ; this whs executed
with great fucccls, .for at £ o’clock in the
evening fifteen vessels cf the laid convoy
were captured fay the two frigates and the
Argonaut, on board ot ft hit h admiral Gra
vina had his flag, and which by hit fojpeii*