THE Worcester Magazine. NUMBER III. VOLUME III. For the Third Week in APRIL, 1787. WORCESTER, (Massachusetts) Printed by I. THOMAS, by whom Subfcriptions, Effays, &c. &c. for this Work are taken in. [Price SIX PENCE Single.] Constitution of Massachusetts. Printing-Office, Worcester, April 11, 1787. ROPOSALS for reprinting by Subscription, a Neat and PROPRE Correct Edition of The CONSTITUTION, or FRAME of GOVERNMENT of the Commonwealth of Massachusetts. CONDITION S. 1. It shall be well printed with a fair new elegant type, on good paper, and will confift of about one hundred. pages, duodecimo. II. The price to each fubfcriber for a fingle Book, fhall be only one filling, ftitched in blue paper, or one filling and fix pence in plain binding. Those who fubfcribe for fix fhall have a feventh gratis. III. If the inhabitants of any one or more towns, agree to take off one hundred or more copies, they fhall have them at nine pence per book, ftitched, or one shilling and two pence bound. IV. The work to be committed to the Prefs as foon as One Thousand Copies are fubfcribed for, and published with the greatest expedition. Thofe who will promote the undertaking are requested to give in their names by the first of May next. SUBSCRIPTIONS are received by I. THOMAS, the Publisher, in Worcefter, and by Gentlemen in various parts of the County. To the PUBLICK. As application has been made to the Subscriber, to reprint the CONSTI TUTION, or Frame of Government of this Commonwealth, the want of a correct and good Edition having been long complained of, be is inducea to ijue the foregoing Propofals, for republifhing the work requested, and hopes, as the terms are reasonable, that be fall find fufficient encouragement for the undertaking, especially as every Freeholder, and Freeman, in the Commonwealth, ought to be poffeffed of a copy-it being our Political Bible-the great Charter of our Liberties, on which all our laws are bottomed, and a guide to our political happiness. Unless we are well acquainted with our Conftitution of Government, we cannot determine when it is infringed upon, or defend it when attacked. In fbort, we cannot say whether it be good or whether it be otherwise. ISAIAH THOM A S. A! LL Perfons who have any Demands on, or are indebted to the Estate of LUCRETIA ČARGILL, late of DUDLEX, deceased, are requested to bring in their Claims, in order for fettlement, to Dudley, April 2d, 1787. WILLIAM CARGILL, Adminiftrator. For the WORCESTER Mr. EDITOR, Y MAGAZINE. You are requested to infert the following in your next Magazine. Sterling, April 5th, 1787. ESTERDAY, between four and five o'clock, P. M. a fire was difcovered in a barn belonging to Capt. Timothy Brown. There was a ton or more of hay therein, and the wind being very high, the flames burst through the roof immediately, and instantaneoufly communicated to the Captain's house, a store of English and West-India goods, and two other barns; at the fame inftant caught in another place, among a quantity of boards, fhingles, and other lumber, which was collected for building, and threatened a general conflagration of all the buildings on that part of the ftreet: But happily, by the very active exertions of the inhabitants, every building was faved, except the firft, which was confumed. The ladies, who collected on the first alarm, exerted themfelves exceedingly, by drawing and carrying water to those on the buildings; they really deferve praife. The fire was fo rapid that but few hands could be informed feasonably. The fire was conveyed from a blackfmith's fhop, which stood near the barn-a caution for people who live in places where the houses are thick, not to allow of fmith's shops being placed among them, unless their chimnies are made with two funnels or draughts, the first leading from the fire about eight feet in height, then turning an arch over the top, make another paflage for the fparks, duft, &c. right down by the fide of the firft, either over the fire or to the left of the forge, which would fecure the shop and other adjoining buildings, which are much expofed in dry weather. To be SOLD, or exchanged for a FARM in this Commonwealth, A GOOD FARM, lying in the township of MARLBOROUGH, State of VERMONT, in the centre of the town, and near the meeting-houfe. Said farm contains about two hundred acres of good land, with a young orchard, convenient dwelling houfe, two barns, and several other build. ings thereon. It is now under fuch improvement as to keep 15 or 20 head of cattle. For further particulars enquire of Major NATHANIEL CUSHING, of Brookfield, or the fubfcriber. Brookfield, 27th March, 1787. NATHAN GOODALE. This Day published, price 2f. bound, or 1f. 6d. ftitched in marble paper. THE HE ECONOMY of HUMAN LIFE; translated from an Indian Manufcript, written by an ancient BRAMIN. To which is prefixed, an account of the manner in which the said Manuscript was discovered. In a Letter from an English Gentleman, now refiding in China, to his Friend in London. "The fpirit of virtue and morality, which breathes in this ancient piece of eaftern inftruction-its force and concifenefs," have long fince recommended it to a difcerning publick. It is fuppofed to have run through no less than fifty Editions, in Great-Britain and America-It has been tranflated into various languages, and fo long as goodness fhall be found among the inhabitants of earth, this little, but truly valuable treatife, will have its admirers. A Printed and fold by I. THOMAS, in WORCESTER. This Day Published, Elegantly engraved on Copper Plates. NEW and complete fet of ROUND HAND COPIES; to which is added, neat German Text ALPHABETS. For the Ufe of Schools, and all who wish to write well. THE Published and fold by I. THOMAS, in WORCESTER. Allowance to School-Mafters, and all who purchase by the Dozen. LEICESTER ACADEMY. HE Annual Meeting of the CORPORATION, at faid ACADEMY, is to be, for the future, in May, on Wednesday the Week preced. ing ELECTION in this Commonwealth. The publick EXHIBITIONS on faid Day, no doubt will be entertaining and agreeable to all thofe who have a taste for Literature. VOL. III.] THE [NUMB. III. WORCESTER MAGAZINE. For the Third Week in April, 1787.. HISTORY of the late WAR in AMERICA. DURING all this time, totally blind to their danger,the enemy continued to amuse themselves with their cannon, although a single fire was not returned; a circumftance, which, along with the ftillnefs and imunobility of the British troops. might have reafonably excited apprehenfion, diftruft, and watchfulnels. At length, Colonel Campbell, convinced that the light infantry had got effectually round upon their rear, fuddenly brought forward the cannon, and commanded the line to move brifkly on the enemy. The well-directed fire of the artillery, the rapid advance of the 71ft regiment, and the forward countenance of the Heffians, fo overpowered the enemy, that they inftantly fell into confufion, and difperfed. In the mean time, the light infantry having arrived at the new barracks, which were full in the way they were making to the rear of the enemy, fell in unexpectedly with a body of the militia of Georgia, who were there ftationed with artillery, to guard the great road from Ogeeche; thefe were foon routed, with the lofs of their cannon, and as Sir James Baird was in full purfuit of the fugitives, in his way to fall upon the main body, the terrified and fcattered troops of the Carolina and Georgia brigades, came running across the plain full in his front. Nothing could exceed the confufion and rout that now ensued, when the light infantry, with the rapidity peculiar to that corps, threw themselves in headlong upon the flanks of a flying enemy, already fufficiently broken and confused. No victory was ever more complete. 38 commiffioned officers, 415 non-commiffioned and privates, 48 pieces of cannon, 23 mortars, the fort with its ammunition and ftores, the fhipping in the river, a large quantity of provifions, with the capital of Georgia, were all in the poffeffion of the conquerors before dark. Neither the glory of the victory, nor the military renown arifing from the judicious measures, and admirable mancuvres which led to it, could reflect more honour upon the commander in chief, than every other part of his conduct. His triumph was neither distained by an unneceffary effufion of blood, nor degraded by prefent or fubfequent cruelty. The moderation, clemency, and humanity of all his conduct, will be confidered ftill the more praife-worthy, when it is recollected, that he was under the immediate impreffion of fuch peculiar circumftances of irritation and refentment, as had not been experienced by any other British officer, who had borne command during the American war. The lofs of the Americans in flain was very fmall, confidering the nature of the complete rout they had undergone. Only about fourfcore men fell in the action and purfuit, and about thirty more perished in their attempts to escape through the fwamp. The conduct of their commanders requires no observation. Every body will fee they knew nothing of their bufinefs. Although the fugitives fled, and confequently led the the purfuit through the town of Savannah, and that many of the inhabitants were then in the streets, yet, fuch was the excellent difcipline obferved, that in that heat of blood, not a fingle perfon fuffered, who had aot arms in his hands, and who was not befides in the act either of flight or refiftance. The commander having received fome information, that the fetting of the capital on fire, in cafe of its lofs, had been once a matter in contemplation with the enemy, took effectual measures to guard against that defign, if ftill intended. No place in fimilar circumflances, ever fuffered fo little by depredation, as the town of Savannah did upon this occafion; even taking into the account, that committed by their own negroes during the darkness of the approaching night. A ftrong circumftanciai teftimony, that thofe enormities, fo frequently attributed to the licence of the foldiers, fhould with much more justice be charged to the indefensible conduct of their fuperiours; whether by a previous relaxation of difcipline,an immediate participation in the guilt, or a no lefs culpable fufferance of the enormity. Through the activity and prompt union of the commanders in chief by fand and fea, and the fpirit and diligence of their officers, General Howe, with the broken remains of his army, was not only compelled to retreat into SouthCarolina, but notwithstanding many impediments in their way, and fome wants not easily remedied, particularly horfes for their artillery, they, within lefs than a fortnight, had recovered the whole province of Georgia (excepting only the town of Sunbury) to the British government. In that time they had reftored tranquillity every where, afforded protection to all who remained in or returned to their houses, established fuch pofts as fecured the whole line of frontier on the fide of South-Carolina, and formed the well affected, who came in with their rifles and horfes, into a corps of light dragoons. In the mean time Major-General Provost found no small difficulty in bring ing together, from their scattered and remote cantonments, the fmall parties with which he was to make an impreffion on the fide of Florida. The getting forward his artillery, ftores, and provifions, as the enemy were masters of the navi gation in general, both along the coasts, and on the greater waters inland, was no lefs difficult. In thefe operations, the troops underwent unusual hardships and distresses, which they bore with the most exemplary fortitude and temper; both officers and foldiers having been reduced to live for feveral days folely upon oyiters, and enduring at the fame time the greateft heat and fatigue, without complaint, defpondency, or murmur. The major. general having at length brought for ward a few pieces of artillery, fuddenly furrounded the town and fort of Sunbury, on the frontiers of Georgia. The garrifon, confifting of about 200 men, made fome fhew of defence, and gave the commander the trouble of opening trenches. But although they were fupported by fome armed veffels and gallies, yet all hope of relief being now totally cut off by the reduction of the reft of the province, they found it neceffary to furrender at difcretion. This happened juft at the time, when Col. Campbell, after the fettlement of the interiour country, had returned to Savannah, and was preparing to fet out on an expedition for the reduction of Sunbury. The command devolved of courfe to General Provoft cn his arrival at Savannah. (To be continued.) From the CONTINENTAL JOURNAL, printed at Boston, The Liberty of the Prefs is effential to the fecurity of Freedom in a flate; it ought not therefore to be refrained in this Commonwealth." -Declaration of Rights. N To the Honourable GENERAL COURT. On the TENDER LAW. OTWITHSTANDING the great perplexities, and unufual embarraffments which men in power are at prefent under, yet every citizen has a right to examine, and criticife upon each act of government, and to compare them with the original principles of focieties, and the dictates of our excellent conftitution. There are certain principles effential to government, and you may as well expect to make an animal thrive without light and air, or a plant grow without water and the influences of the fun, as to make a government afford the people happiness without them. ' Government is founded in the nature of man; and it never can be a mark of wifdom to conftruct a system, or adopt principles, which would fuit another ofder of beings, but are heterogeneous to the human race. God could have made and continued the earth in fuclr a form, and of such a texture, as to have produced the neceffa ries and luxuries of life fpontaneously; man might have been made, and continued, fo as to live without labour and toil, but an all-wife and infinitely good Being did not fee fit to make him fo.If man was divefted of the paffions and feelings he now poffeffes, he would not be man, but another order of beings. Since man is as he is, the great quef tion will be, how to fecure his focial happinels. Government is intended for this end. Could we be fecure in our perfons and property, in a state without civil fociety, government would be unneceffary; but the ferocious temper of mankind, altogether excludes happiness, unless it is introduced by the laws of fociety; for our happiness depends upon the fecurity of our lives and property. Says the great Mr. Locke, in his excellent treatife upon government, page 226,"the great and chief end, therefore, of men's uniting into commonwealths, and putting themselves under government, is the prefervation of their property." In the first article of the declaration of rights, it is agreed, that" all men have certain effential unalienable rights, among which may be reckoned the right of acquiring, poffeffing and protecting property." In the tenth article, it is faid, "that each individual has a right to be protected in the enjoyment of life, liberty and property." Now, with that deference and respect, which at all times are due to the rulers of a great and free people, I will inquire, whether the above mentioned act is confiftent with thefe, which are the principles upon which we united into a commonwealth. The fecurity of property is one great inducement to government; for fuch is the law of nature, that industry, and frugality are virtues; and generally fpeak ing, thofe who practice them will be wealthy and honourable; the reverfe of the propofition is as true, that thofe who do not practice them will be neither rich nor refpectable: And yet there is an indisposition in mankind to both these virtues, and a fad inclination to idleness and diffipation. Heaven has then wifely given hunger, cold, thirst, taste, pride, love, fear, ambition and the regard to pofterity, as inducements to that care and toil which men would otherwise avoid. Thus ftimulated, they acquire property, and this property they unite into commonwealths to protect. The property thus acquired, may be divided in that which we actually poffefs, and that which we have a right to poffefs. The property which we have a right to poffefs, is the object of the act under confideration. When one man has acquired from his own, or the induftry of his ancestors, a certain quantity of property, let it be in fpecifick articles, or in money, which is the ticket or repre fentative of property, he has an indefearible right to hold the poffeffion of it againft all men, and all bodies of men ; or otherwise it is none of his. For fays Mr. Locke, page 238, "what property have I, in that which another may by right take when he pleases to himself ?" If then the property thus acquired, may by the general promulgated laws of the State, be delivered over to another upon a special compact or agreement, the one who receives it, is under an obligation to reftore it, or to pay that which is agreed upon as an equivalent for it, according to his compact, and he who delivers it over, has as great and indefeasible, unalienable a demand on the commonwealth, to protect this property, by compelling the other to perform his contract (provided it is an honest one) as he h 1 for the protection of the property before he delivered it out of his poffeffion; and hence fays the eleventh article in the declaration of rights," he ought to obtain right and justice freely, promptly, and without delay, conformably to the laws.” But the act under confideration, provides that the creditor who has a contract for money, fhall not demand a fulfilment of that contract according to the original agreement, he shall not juftice promptly," but fhall be obliged to take fomething elfe in lieu of the thing agreed upon, or he shall not have justice at all. have But it may be faid he is to have justice conformably to the laws, and that the law has made this provifion. To which two anfwers may be given-1ft. That a law relating to compacts made before the law exifted, is an ex poft facto law, and totally deftroys all fecurity in government, and where fuch a right is exercised, there can be no confidence in the laws, fecurity in the State, or credit between man and man. And furthermore, it can never come within the meaning of the word laws, for fays Mr. Locke, page 234; "the legislative cannot affume to itself a power to rule by extemporary arbitrary decrees, but is bound to difpence juftice, and decide the rights of the fubject, by promulgated STANDING laws, and known and authorised judges." The Tender Law provides, that jus tice fhall be denied, unless the creditor will comply with a condition which was no part of the contract, upon which he parted with his property, the fruit of his industry, but is a pofitive, extemporaneous degree of the legiflature, fince the contract was made. |