WHEN I reflect on the reciprocal benefits of civil society, I consider myself as one of a ship's com­pany, who are embarked together, and have to struggle with the difficulties and dangers of a boisterous element, where individual safety is absorbed in that of the whole, and each one, by contributing to the security of the whole, is serving himself; and tho' all cannot have the com­mand of the helm, yet, being so nearly interested, every one has a right to keep a look-out, and, if he appre­hends danger, give the alarm, which to neglect might be a criminal omission; and should his fears appear not equally important to others, his motive being good, ought to secure him from censure. This may apologize for my solicitude for the common safety, when I behold the supineness and inattention of those appointed to the watch.

Physicians, in judging of the health of a human body, examine symptoms, some they deem mortal, others dan­gerous, &c. If we take the same method to judge of the vigor and health of government, I know of no symptom more justly alarming, than a general slight and disregard to good and wholesome laws. That this is too much the case at present in New-Jersey admits of no dispute. Laws calculated to guard the manners and morals of the people; to check vice, and encourage and promote industry and frugality, the strongest sinews of independence, and truest riches of a state or nation; when such laws are treated as objects of trivial moment, and not worthy the serious notice of the Executive au­thority, it certainly denotes a great depravity of man­ners. To shew that this is really our present situation is the intention of the ensuing pages, wherein I shall make [Page 4]extracts from some of our laws, with remarks thereon, for the inspection of such of my fellow-citizens who may not so fully have considered the power which every ho­nest man has of lending a hand to suppress vice. In doing of this, if any thing I say should appear harsh or severe, I may declare once for all, that I desire to give no just offence to any, my motive is upright and disin­terested, at which virtue and worth can never be offend­ed; and as for those of a contrary cast, their obloquy is praise. ^* I am enough acquainted with the world, to know that honest truths too often offend ears accustomed to adulation; neither is physic grateful to the disordered stomach; but this was never thought a sufficient reason for suppressing the one, or neglecting to administer the other, for the real advancement of health and happiness.

There are two laws in this state for the regulating of taverns, &c. The first was passed in 1738, the other in 1768. The preamble to one says, The vices so much practised in them were to the great scandal of religion, the dishonor of GOD, and impoverishing of the commonwealth. That to the other gives the reason for passing it, i. e. More effectually to prevent taverns from being perverted to places of gaming, tippling, drunkenness, revelling, extortion, and other vices. Here we discover the sense the Legisla­ture had of the conduct common in taverns when these laws were passed, and the necessity they saw of providing a remedy. In doing of this, they give the Justices in their sessions as full and ample a power as words can well express—Licences must be renewed every year, and are in the discretion of the Justices either to grant or refuse, with this restriction, that they shall not grant a licence to any person but what comes to them well recommend­ed, as being of good repute for honesty and temperance. Nevertheless it is a constant complaint throughout the state, that hardly any one ever applies, however bad their character, but they obtain a licence. It may be said, they come recommended, and that is the guide to the [Page 5]Court. Will that excuse for sinning against knowledge? But the truth is, hardly any good law was ever so trifled with, or tortured, to evade the true intent and meaning of it, as this. It requires a recommendation, signed by at least six freeholders of the neighbourhood where the ta­vern is to be kept; instead of this, tavernkeepers will sign each others recommendation, be each others security, &c. and such who cannot get a reputable neighbour to sign, will pick up any they can, and sometimes from the remotest parts of the county. Thus is the security the law provides against persons of bad fame rendered a mere farce and mockery, and this in open Court, in the face of the county, thereby teaching the common people to evade and trifle with the solemnity of laws, instead of en­deavouring on all occasions to inculcate a reverence for, and religious obedience to them. To enable my readers to judge for themselves, here follows extracts from those laws, whereby they may compare the present mode of executing them with their true intent and meaning, and then seriously reflect where such a perversion of law must lead.

In making the foregoing extracts, I have not copied whole sections, but so much only as appeared sufficient to give my reader a true idea of what the law is, whereby he may know when it is transgressed; and what his duty, as a lover of rectitude, requires. He may read them at large in Allinson's edition, as aforesaid.

The law says— No licence shall be granted to any person but such who come well recommended, by at least six free­holders of the neighbourhood, as being in good repute for ho­nesty and temperance, and well accommodated, &c. That if any Justices shall grant a licence to any person contrary to the true intent and meaning of that act, each of them shall forfeit ten pounds for every such offence.

Are all tavernkeepers in good repute for temperance, or rather are not many of them well known to the Justices who grant them licences to be very intemperate, and such who are likely to encourage it in others? But they come recommended; the Court cannot be supposed to know all who apply. Be it so. But many of them are well known to the Court, as also the scandalous orders they have heretofore kept, and that they are not accommodated as the law requires, and often situate in private corners, or where there is not any just pretence of necessity to answer the end of that institution, which is in fact establishing tippling-houses by authority, to debauch the morals of the people, there being at the writing of this five taverns on the road from Coopers Ferries to Salem, in the distance of five miles and an half. Did the Justices make it their business to examine into the situation of proposed taverns, [Page 10]whether necessary, if the signers were of the neighbour­hood, and of good repute, and not tipplers in taverns, they might easily discover if the person recommended was within the description of the law, and if not (which I believe is oftener the case than otherwise) careful to fine those who dare offend the law by so imposing upon them, they would shew themselves real friends to their country, and worthy the dignity of their stations. The good ef­fects of such a conduct would soon appear; and will any one pretend to say their duty and office qualification doth not enjoin this care in a matter wherein the good of the commonwealth is so highly interested? For, unless some method can be fallen upon to check the licentious con­duct so much practised in these houses, parents may in­deed sit down and sorrow, and instead of being careful to save something for their children, may conclude the great­est kindness will be, not to afford them the means of de­bauching themselves with the fruits of their care in those seminaries of corruption, a practice so common with young heirs of the present day.

The difficulty of checking a licence of conduct among a free people is made an excuse for it by some, which is just in other words saying—We are willing to do as we please, and to give others the same liberty. Here, if I am not mistaken, is the root of the mischief. The dif­ficulty is really not so very great, were the executive au­thority but men who joined example with their power, paid a strict obedience to laws themselves, and with a becoming firmness exacted it from others, always careful to punish the wilful violators. The task, I believe, would then be easy. I myself a few years past travelled in three of the New-England states, and supposing taverns to be the same there as in my own country, was very unwilling to lodge in them, and endeavoured several evenings to get private lodgings, offering to pay full price for what I had, but could not succeed, and soon found I could lodge and be entertained as quietly in their taverns, as in private houses; and for several weeks that I was in those parts, saw no tippling or disorderly conduct in any [Page 11]of them, nor one person disguised with liquor. If such order and decorum can be preserved in New-England, why not in New-Jersey? And further, a kinsman who was in France a considerable time during the late war gave me the like account of that country, and assured me that from what he saw, a person might travel over the kingdom, and not see a drunken man. This excel­lent oeconomy appears to have been brought about by not suffering their hotels, or houses for public entertainment, to keep any spirituous liquors to sell. O America! were thy rulers virtuous enough to establish a like regulation, how many millions would it save, that is now spent up­on thy lusts, and perhaps numberless souls from perdition. Reader, reflect a moment. Can a single reason of weight be given against such a reform here? at least that no spi­rits, simple or mixed, nor foreign liquor of any kind, should be kept to sell in taverns. Their true use is to accommodate travellers and passengers with lodging and necessary entertainment; a dram, bowl of punch, or glass of wine, custom only renders necessary. Were taverns upon such an establishment, people of the best characters would keep them, and use them when occasion required. Whereas, in their present state, it is rather a disreputa­tion for a sober person to be seen in some of our taverns, nor will they lodge in one if they can make any other shift, which occasions private houses in some places to be much burdened. The public would also be much better supplied with what is necessary and useful, their profits and attention being now chiefly on tipplers; and indeed, if no other reason were sufficient, the public debt we are likely so long to groan under ought to induce our rulers to give every discouragement to the introduction of foreign liquors, that are equally unnecessary and mischievous.

Every tavernkeeper enters into a recognizance of twen­ty pounds, not to game, nor suffer others to game in his house for money, or the value of money, and in all things, as a public housekeeper, to maintain good order and rules; and yet—how astonishing—that persons who have entered into such a recognizance in the face of the county should [Page 12]dare to suffer a conduct, and that the most public and notorious, whereby they forfeit that recognizance almost every day they live; but still more astonishing, that all this should pass unnoticed, and hardly an instance ever known where it hath been called in question. If this is not a mockery of the solemnity of laws, I know not any thing which deserves the term. But the scene exhibited in the case of Constables is still more extraordinary; the sacredness of laws, and solemnity of oaths are treated as objects destitute of the least binding force, and affords a sorrowful specimen of the manners of a people, when the strongest bands human wisdom can provide, to make man faithful to man, are treated with so little ceremony, which hath a direct tendency to dissolve, or render nuga­tory, every civil compact. This ought indeed to alarm the community; for like a hole through a water bank, if not stopped, the breach will grow wider until the whose enclosure is deluged. If one good law may be tramp­led upon with impunity, it is a kind of licence to treat all laws in the like manner. Let us see if the portrait hath wronged the original. Constables are strictly com­manded to make diligent search within their respective districts, for persons who sell strong liquor without licence, and to in­spect taverns at least four times in the year, and report to the sessions all evil practices they discover, such as gaming, tippling, selling more liquor than is necessary for refreshment, tippling on the Lord's day; if rates are up in their houses as the law requires; if they demand, or receive more than said rates allow; sell liquer to any apprentice, servant or slave; or suffer any disorders contrary to their recogni­zance. And that they may have no excuse from ignor­ance, the Clerk of the Court is enjoined to give each Con­stable a list of tavernkeepers names, and the Court to acquaint them with their duty, and command them to perform it, which they solemnly qualify they will do; and there the farce ends, and little or no further notice taken either by Court, Clerk or Constable. Yea, some Justices and Constables are themselves perhaps as ready as any to trample upon these judicious regulations, and thereby [Page 13]encourage others to do it without hazard. What name this deserves, let every serious Christian judge. The consequences which naturally flow from such a contempt of these laws is indeed felt by all, and every one appears sensible of, but is become so familiar, that, generally speaking, it operates like laudanum, lulls into a state of ease and content, without seeking a remedy.

I shall now exhibit a few extracts from the laws rela­tive to horse-racing, shooting-matches, immorality, &c.

I have said so much on the subject of taverns, &c. I need say no more to the other laws mentioned, than just to shew how much is in every man's power to render an essential service by helping to enforce them; nor can I see how any honest man, who really desires the good of his country, can see her laws trampled upon and hold his peace, which is the case with the law that prohibits giving rum at vendues, &c. a practice the pernicious and ruinous effects whereof before this law was passed is well known; nevertheless, it is in some places getting into [Page 15]common practice again, and no marvel, when civil officers of the foremost rank will countonance it by receiving drams from the cryer, which he is furnished with to entice people to bid, as a reward to the highest bidder, thereby to inflame his ambition, that he may disdain to be outdone. Now the breach of this law is [...], that any private man might by a proper exertion easily put a stop to it in the neighbourhood where he lives, had he virtue enough to bestow so much labour for the public good.

Of the same kind is horse-racing, which the legislature declares to be public nuisance, ‘ That they tend to de­bauch youth, impoverish families, and propagate vice and immorality.’ These ruinous mischiefs arising from this practice are so easily checked, that it is really [...] ­ful to hear so much complaint about them, and so little done to prevent them, when nothing more is necessary than to give the Overseers of the Poor proper imformation of any horse-race, where above ten persons are present, and, if they do not prosecute the offenders, prosecute them. I am acquainted with an instance of this kind, in a village where seldom a week passed without several horse-races, when a neighbour who lived several miles off, being grieved at the consequences, exerted himself in the above manner, and so effectually stopped it, that for ten years past there has not been an attempt to renew the practice.

That of shooting matches is still more easily punished, by only giving the names of the persons concerned there­in, and witnesses to prove it, to a Grand Juror or States Attorney.

As to drunkenness and prophane swearing, they are such fashionable Vices among our superiors, that I despair of their being punished, while so many of those who are chosen to make laws, and those appointed to execute them, think it no blemish on their characters to bid open defiance in those respects, not only to human laws, but in the most daring manner to the laws of that tremendous Judge, be­fore whom they know they must soon appear,—and there I leave them, and proceed to address my fellow-citizens at large.

[Page 16] The confusion of the late times were in a great degree such, wherein every man did what was right in his own eyes, vice and profanity, with brazen front, stalked about in open day, bidding defiance to restraint or controul. The Magistrate who was desirous to discharge his duty by enforcing the laws, found himself unsupported, and too feeble for the mighty task. Hence a licence of conduct, and perversion of manners ensued; numberless abuses for want of the curb of law were suffered, overlooked, (and sorrowful to say) too often countenanced by some who held the sword of Justice.—That this is a true state of the case, hardly any one will deny.—The storm is now past, the raging billows are become calm, the chan­nel of justice is now undisturbed by the bloody sword and roaring cannon.—Now, fellow-citizens, the calls of our common interest, our country, our religion, and our God, is to each individual in their several stations, to exert themselves in promoting the general good of our infant States, and strengthen the blessings of society.—May we with thankful hearts improve the opportunity, and Ame­rica become as conspicuous in the annals of time, for the rectitude of her manners, and love of virtue, as she is for the love of liberty, the continued enjoyment of which she can only thus secure.

In all the departments of civil government, there are none who have it so much in their power to check and suppress vice, as the magistracy. They may indeed be just­ly termed the guardians of the laws, and manners of the people. But alas! how few whose conduct manifests a con­scientious care faithfully to discharge the duties of that station in this respect, which ought to be a serious sub­ject to all intrusted with authority, if the opinion of an eminent author is believed— ‘That each one must an­swer for their own offences, and rulers for the sins of others, which they could have prevented and did not.’ Eli's care seems to confirm this doctrine. He appears to have been a worthy man. Nevertheless how severe the sen­tence against him for not restraining his son's vices.—I most sincerely wish the reflection might make an impression on [Page 17]every mind equal to its importance. It would occasion those in the foremost stations to be very guarded in the appointing of others under them, like Moses, to choose men fearing God and hating covetuousness. Such Magistrates are a blessing to a people, ever mindful to discharge the duties of their stations, not so much to please men, as him, at whose awful Tribunal they soon expect to appear, to account for the use of that share of power he hath de­legated to them.

It would also lead Grand Juries to assert the antient dignity of their office, in a serious discharge of the very extensive and important power with which they are in­trusted, of impeaching mal-administration and dignified crimes, dragging vice out of its dark lurking holes, and teaching a reverence to the laws.—Their power is indeed very great, as their title— The Grand Inquest for the County, and their qualification, point out; which were they religi­ously to discharge, the effects would reach beyond what is generally supposed. I may not be a competent judge, but must believe most of the abuses pointed out in the foregoing extracts are objects of their enquiry and presen­tation; and though a Judge is not punishable for an error in his judgment, where he uprightly endeavours to dis­charge his duty, yet it may justly be questioned whether Justices are not liable to be called to an account by Grand Juries for granting licences against their own knowledge, and a manifest evidence of want of proper qualification in the person licensed, contrary to the true intent and meaning of the laws.—However, the legislative body might be addressed on such a conduct to good effect, and is an object highly worthy attention. In general, I expect the following are doubtless so—Clerks and Constables who shew a contemptuous disregard to the duties requir­ed—disorderly taverns—such who demand more than their rates allow—such who dare to impose on a Court by signing an untrue recommendation—Under Sheriff or Goaler, who shall sell liquor to the prisoners—shopkeep­ers who encourage frolicking, tippling, &c. in their houses —and those little pests, who, under pretence of selling [Page 18]cakes, are many of them real tippling houses, where children and the refuse of mankind resort, and so pro­lific is the [...] breed, as in some places to be in sight of each other, an increasing evil, which calls for the vigi­lance of Grand Juries to extirpate.—Whether all these mischiefs are within their cognizance and influence or not, the Council assigned them by the constitution can point out; and surely the languishing calls of virtue, re­ligion, and their country's good, are forcible incentives to every suitable exertion.

And now a few words to Magistrates—You, gentle­men, are raised above your brethren by commissions. This is a gift from others, but to rise above them by virtue and good works, depends on yourselves, will add digni­ty to the station, give a weight and influence, and make you loved and revered. Without this, your elevations will only expose your flaws the more to the notice and con­tempt of those below you. Esteem begets a chearful obe­dience, but to obey those we despise, is like a stony piece of bread that almost choaks in swallowing—Reflect, I beseech you, on the importance of the trust reposed—how much the scale of virtue and vice is poised by your ex­ample and your power.—If you fear God, and love your country, demonstrate it by using the sword of justice as a terror to evil doers, and praise of them who do well. This is the true use of power, which every human sanction ought to corroborate, and will promote at the same time the two greatest events man can be employed about— your country's good, and your own present and eternal happiness.

I could wish every intelligent person would often ad­vert to the foundation of government, detached from so­ciety. Its original object was, to preserve order, restrain corrupt nature, curb and punish the vices of the people for the good of the whole, agreeable to rules and sanctions agreed upon by the whole. In delegating this power, the society do not resign all further care about the com­mon good, but reserves in itself a power by its Represen­tatives, Grand Juries, &c. of enquiring into and im­peaching [Page 19]peaching mal-administration. In this sense each indivi­dual is, or ought to be, a watch upon the conduct of those himself has agreed to invest with authority for the gene­ral benefit, and if any of them betray their trust, neglect their duty, or pervert the end of their appointment, the common good demands it of him to discover, and endea­vour to have the mischief remedied; this the very nature of things confirm. Government is a creature of society, which invests it with all the power it can legally have. The term Majesty (among human distinctions) ought on­ly to be ascribed to society.—Society is the creator, go­vernment the creature; government is created for society, and not society for government. But alas, how liable are human institutions to be perverted, and none was ever more than government. The first servant of the state is stiled Majesty, and his constituents generally treated as a stock of creatures on a farm, the property of every new master. From this fountain a degree of the same insolence but too much runs through every department of power, from the King to the Constable, who think themselves ill used if their conduct is inspected, or in the least called in question by those from whom their authority is derived; and indeed, as matters stand, it is pretty ticklish to at­tempt, and would lead one to suppose the above reason­ing must be all wrong—that a King was first created and a country given him, and then a race formed of in­ferior mold to people it,—or, as a humurous author has it— That mankind are born with saddles on their backs, and the business of government is to ride them. What a humi­liating and degrading picture of the common herd of ra­tional beings—and is it not a true one?—

But what does all this rant mean? What end is it to answer? Government is an arduous business, and those who rule well are worthy of double honor. All this I fully admit. No man can give honor and obedience to good rulers more chearfully than myself. Such neither neglect nor abuse their power, nor grasp after more than is given them. They act in it as a duty the good of the community demands, and when that requires, will more [Page 20]freely resign their dignity than they received it: An ex­ample of this kind we have seen in the first and most di­stinguished man in America. To worth of this sort the people are never ungrateful—But at strutting importance without merit, they cannot but laugh (a sight not unu­sual in our time.) These, instead of being attentive to the duties of their station, uniting their authority and in­fluence for the public good, spend their zeal in pursuing power, promoting parties, abusing, calumniating, and worrying those who disapprove their conduct. Such ru­lers are entitled only to contempt; they have no claim to honor.

These observations on government were suggested from an earnest desire, that all persons united in civil society would assert the dignity of humanity, and of freemen, in giving their assistance to enforce obedience to laws which themselves have agreed to be governed by, and is the doctrine I wish to inculcate— That the good of each in­dividual being inseparably connected with the good of the whole, the good of the whole ought to be every one's care— That laws and sanctions agreed upon by the whole, to promote their joint interests, ought to be held sacred, and every wilful transgressor, so far lays waste the enclo­sure of law, the only protection we have to our lives, li­berty, religion, &c. is so far an enemy to the communi­ty, and ought to be punished. The law makes it crimi­nal to conceal great crimes, or suffer the offender that is in our power to escape. The same reason holds good in degree in every species of offences against law; nor can any one demonstrate a greater love for his country, or yield her more essential service, than by exerting his in­fluence in promoting a due reverence for and obedience to her good and wholesome laws, more especially such of them whose object is to encourage virtue, and suppress vice, the basis on which government is founded; to im­press this sentiment is my motive for writing. A large part of my life I have at times been pained on reflecting upon the mischievous effects, and flood of corruption, spread abroad from houses for public entertainment, which [Page 21]indeed admits a question, whether all the labour and pains bestowed by ministers of the gospel promotes virtue, equal to what they promote vice; a portentous mischief, which it appears very clear to me might be entirely re­medied by a virtuous execution of the laws now in force. To endeavour to stimulate my fellow-citizens to an exer­tion of their power to effect this, drew me some time back to cast a few hints together for the news-paper, but found myself too much cramped in that way, and threw it by. But the subject continuing often to present itself to my reflection, as a debt due to the community, of which I am myself a part, I have now discharged it in as brief a manner as I well could, omitting however much I intended to have said; and should it answer no other purpose than to engage some abler hand to take it up, and do the subject greater justice, I shall not think my labour wholly lost.

I shall now conclude with part of a speech delivered to a renowned, and then a free people, but who did not long continue so, which this speech seemed to predict. The observations it contains are worthy the notice and practice of every government, and particularly those of America in the present day.