/i .^2. . oS. Srom f^e feiBrarp of gprofcBeor ^dmuef (tttifPer in (^emori? of 3ubge ^amuef (Qttffer (grecftinrib^e (Jjteeenfeb 6)? ^(Xmuef (gUiffer QBrecftinribge &on^ fo f^e fei6rarp of gprincetott C^cofo^icaf ^emtnar^ /6^'>•, COLLECTION of ESSAYS AND FUGITIV WRITINGS. O N MORAL, HISTORICAL, POLITICAL and LITERARY SUBJECTS. BY NOAH WEBSTER, jun. ATTORNEY AT LAW. Heureufes les villes qui, comme les individus, n'ont point encore pris leur pli ! Elles feules peuvent afpirer a des loix unanimes, profondes et fages. tableau de faris. PRINTED AT SOJTOW, FOR THE AUTHOR, By I. THOMAS and E. T. ANDREWS, At Faust's Statue, No. 45, Newbury Streets MDCCXC. SUBSCRIBERS THE honorable John Adams, Efq. Vice Prezident of the United Sates, 2 copies. The hon. Pierce Butler, Efq. *^ The hon. Charles Carrol, Efq. The hon. Oliver Ellfworth, Efq. The hon. William Few, Efq. The hon. Benjamin Hawkins, Efq. The hon. John Henry, Efq. > n cr5 The hon. Ralph Izard, Efq. The hon. William Samuel Johnfon, Efq. The hon. Samuel Johnfton, Efq. , The hon. Rufus King, Efq. The hon. Robert Morris, Efq. The hon. George Read, Efq. Hon. Jonathan Trumbull, Efq. 7 Reprefentatlvs Jeremiah Wadfworth, Efq. 2 copifes. 3 in Congrefs. A. Nathaniel W, Appleton, Phyfician, Bojlon. John Allen, Efq. Attorney at Law, Litchfield^ B. Ifaac Baldwin, Efq. Clerk of Court, Litchfield, Ifaac Baldwin, jun. Efq. Attorney, do. Mrs. Ruthy Barlow, Greenfield. Mr. Jefle Benedid, Fairfield. Mr. Ifaac Bronfon, Hartford, Mr. Caleb Bull, do. Mr. James Burr, do. Jonathan Brace, Efq. Attorney, Glanjlenbury. David Burr, Efq. Attorney, Fairfield. Barna Bidwell, Efq. Attorney, New Haven. John Bird, Efq. Attorney, Salifi>ury. c. Peter Colt, Efq. Treafurer of Connecticut, Hartford. Mr. John A4'Curdy, Merchant, do. Richard M'Curdy, Efq. Attorney, Lyme. John Caldwell, Efq. Alderman of the City of Hartford, Mr. John Chenevard, jun. Hartford. A 2 Hon, iv SUBSCRIBERS. Hon. John Chefter, Efq. Judge of the County Court, IP ether ifield. Thomas Chefter, Efq. Attorney, IVethenfidd^ Edward Carrington, Ph-yfician, Milford. Reverend Henry Channing, New London. Jofliua Coit, Efq. Attorney, do. Mr. Lynde A'l'Curdy, Merchant, Norwich. Meflieurs Coit and Lathrop, Merchants, do. Mafon F.. Cogfwell, Phyfician and Surgeon, Hart- ford.^ Reverend John Clarke, Bo/ion. D. Samuel W. Dana, Efq. Attorney, Middleton^ David Daggett, Efq. Attorney, New Haven. Mr. Benadam Dennifon, Norwich. E. Pierpont Edwards, Efq. Attorney for Connecticut Diftri(ft, New Haven. F. Mr, Thomas Fanning, iSTorwich. G. William Greenleaf, Efq. Bojion. Chauncey Goodrich, Efq. Attorney, Hartford, Elizur Goodrich, Efq. Attorney, New Haven. Gideon Granger, jun, Efq. Attorney, Suffield. Gaylord Grifwold, Efq. Attorney, IVindjor. H. His Excellency Samuel Huntington, Efq. Governor of Conne£ticut. Lemuel Hopkins, Phyfician, Hartford. Mr. Afa Hopkins, Druggift, do. Uriel Holmes, Efq. Attorney, New Hartford. Colonel Ebenezer Huntington, Merchant, Norwich, Mr. Jofeph Howland, do. Mr. Andrew Huntington, Merchant, do. Mr. Levi Huntington, do. David Hull, Phyfician, Fairfield, William Hillhoufe, Efq. Attorney, New Haven. Captain SUBSCRIBERS, v Captain Pliny Hillyer, Granhy. Sanauel Healhaw, £fq. A'"a;7/? line a from bottom, for jurijdifiion reed ufurpaties. line 13, for v- hihited between Natural Relations^ defigncd to de- . termin the Propriety of marrying a iVife'i Sijlcr. No. XXVII. Miscellaneous Remarks on Divifions of Property, Guv- ernment, Education, Religion, Agriculture, Slavery, Commerce, Climate and Difeezes in the United States. Connexion between Property and Power. 326 Tenure of Lands in Europe. ibid, " . ' -^ • in N'ew England — its Effe£is 328 Caufes which may in Future change our Governments. 332 Kara^ier of the Firji Settlers of Neiu England — their Injlitutions — Support of Clergy incn^ Skools, Neivf- papers^ Parijh Libraries y ilfc. 332 to 339 Con/iitution of CormeSlicut — Origin — Excellencies and Defers. 340, 347 Remarks on the State of Neiu Tork. 347 —- New ferfey — lerritorial Controverfy between Eafi arui tVeJi ferfey. 348 Penfylvania — Territorial Controverfy between that State and Conneiiicut, 355 J\4aryland. 360 Virginia. 36 1 CaroUnas and Georgia. 364 Agriculture — Influence of Slavery on this, 365 Climate of America. 368^ Coinparativ Temperature of the TVether in the North- ern and Suthern States. 372 No. XXVIII. On a Difcrimination between the Original and Pur- chajmg Creditors of the United States. 378 No. XXIX. An Addrcfs to Tung Gentlemen. 387 No. XXX, An Addrefs to Tung Ladies, 406 O'l COLLECTION of ESSAYS. N- r. NEW YORK, 1788. On the EDUCATION of YOUTH in AMERICA. H E Education of youth is, in all governments, an objeft of the firft confequence. The imprefilons re- ceived in early life, ufually form the charadters of individuals ; a union of which forms the general character of a nation. The mode of Education and the arts taught to youth, have, in every nation, been adapted to its par- ticular ftage of fociety or local circumftances. In the martial ages, of Greece, the principal ftudy of its Legiflators was, to acquaint the young men with the ufe of arms, to infpire them with an undaunted courage, and to form in the hearts of both fexes, an invincible attachment to their country. Such was the effefl of their regulations for thefe purpofes, that the very women of Sparta and Athens, would reproach their own fons, for furviving their companions who fell in the field of battle. Among the warlike Scythians, every male was not only taught to ufe arms for attack, and defence ; but was obliged to fleep in the field, to carry heavy bur- thens, and to climb rocks and precipices, in order to habituate himfelf to hardfhips, fatigue and danger. B la 2 EDUCATION. In Perfia, during the flourifliing reign of the great Cyrus, the Education of youth, according to Xeno- phon, formed a principal branch of the regulations of the empire. The young men were divided into clafles, each of which had fome particular duties to perform, for which they were qualified by previous ini^rudlions and exercife. While nations are in a barbarous ftate, they have few wants, and confequently few arts. Their princi- pal objefts are, defence and fubfiftence ; the Education of a lavage therefore extends little farther, than to en- able him to ufe, with dexterity, a bow and a tomahawk. But in the progrefs of manners and of arts, war ceafes to be the employment of whole nations ; it be- comes the bufinefs of a few, who are paid for defending their country. Artificial wants multiply the number of occupations ; and thefe require a great diverfity in the mode of Education. Every youth muft be in- ftruSed in the bufinefs by v/hich he is to procure fub- iiftence. Even the civilities of behavior, in polilhed fociety, become a fcience ; a bow and a curtefy arc tauglit with as much care and precifion, as the elements of Mathematics. Education proceeds therefore, by gradual advances, from fimplicity to corrupiion. Its iirft object^, among rude nations, is fafety ; its next, utility ; it afterwards extends to convenience ; and among the opulent part of civilized nations, it is di- rcvfled principally to fhow and amufemcnt. In defpotic ftates. Education, like religion, is made fubfervient to government. In fome of the vaft em- pires of Afia, children are always infiru^ied in the oc- cupation of their parents ; thus the fame arts are al- ways continued in the fame families. Such an infii- tution cramps genius, and limits the progrefs of nation- al improvement ; at the fame time it is an almoft im- moveable barrier aguinft the introduction of vice, lux- ury, taction and changes in government. This is one of the principal caufcs, which have operated in com- bining numerous millions of the human race under one form of government, and preferving national tran- quillity E D U C A T I O N. 3 tjuiility for incredible periods of time. The empire of China, whofe government was founded on the patriarchical difcipline, has not fufTered a revolu- tion in laws, manners or language, for many thou- fand years. In the complicated fyftems of government which are rftablidied among the civilized nations of Europe, Education has lefs influence in forming a national character ; but there is no ftate, in which it has not an infeparable connecftion with morals, and a confe- quential influence upon the peace and happinefs of fociety. Education is a fubjeft which has been exhauf!:ed by the ableft writers, both among the ancients and mod- erns. I am not vain enough to fuppofe 1 can fuggeft any new ideas upon fo trite a theme as Education ia general ; but perhaps the manner of conducEling the youth in America may be capable of fome improve- ment. Our conftitutions of civil government are not yet firmly eftabliflied ; our national charader is not yet formed ; and it is an objed of vaft magnitude that iyftems of Education fhould be adopted and purfued, which may not only diffufe-a knowlege of the fciences, but may implant,, in the minds of the American youth, the principles of virtue and of liberty ; and infpire them with juft and liberal ideas of government, and with an inviolable attachment to their own country. It now becomes every American to examin the modes of Education in Europe, to fee how far they are ap- plicable in this country, and whether it is not poffible to make fome valuable alterations, adapted to our local and political circumftances. Let us examin the fub- je£l in two views. Firft, as it refpefts arts and fciences. Secondly, as it is connefted with morals and govern- ment. In each of thefe articles, let us fee what errors may be found, and what im.provemcnts fuggeited, ia our prefent pra6lice. The firft error that I would mention, is, a too general attention to the dead languages, with a neglect of our ©wn. B 2 This 4 EDUCATION. This pra^^ice proceeds probably from tl\e common life of the Greek, and Roman tongues, before the Eng- lifh was brought to perfection. There was a long pe- riod of time, when thefe languages were almoft the only repofitories of fcience in Europe. Men, who had a tafte for learning, were under a neccflity of recurring to the fources, the Greek and Roman authors. Thefe will ever be held in the higheft eftimation both for ftile and fentiment ; but the moH: valuable of them have Engli(h tranllaiions, which, if they do not contain all the elegance, communicate all the ideas of the originals. The Engliih language, perhaps, at this moment, is the repofitory of as much learning, as one half the languages of Europe. In copioufnefs it ex- ceeds all modern tongues ; and though inferior to the Greek and French in foftnefs and harmony, yet it ex- ceeds the French in variety ; it almofl: equals the Greek and Roman in energy, and fails very little fnort of any language in the regularity of its ccnllruflion.* In deliberating upon any plan of inftruclion, we Ihould be attentive to its futuve influence and probable advantages. What advantage does a merchant, a me- chanic, a farmer, derive from an acquaintance with the Greek and Roman tongues ? It is true, the etymology of words cannot be well underAood, w ithout a knowl- ege of the original languages of which ours is com- pofed. But a very accurate knowlege of the meaning of words and of the true conftruiflion of fentences, may be obtained by the help of Didlionaries and good Eng- li(h writers -, and this is all that is neccflary in the com- mon occupations of life. But fuppofe there is fome advantage to be derived from an acquaintance with the dead languages, will this compenfate for the lofs of five or perhaps feven years of valuable time ? Life is fnort, and every hour fhould be employed to good purpofes. If there are no ftudics of more confequence to boys, than thofe of Latin and Greek, let thefe languages em- ploy their time j for idlenefs is the bane of youth. But • Tliis remark is confined folely to its conJlruSI'ion ; in point ©f orthography, our language is intolerably irregular. EDUCATION. s B-ut when we have an elegant and copious language of our own, with innumerable writers upon ethics, geog- raphy, hiftory, commerce and government ; fubjedts immediately interefting to every man ; how can a pa- rent be j unified in keeping his fon feveral years over rules of Syntax, which he forgets when he (huts his book ; or which, if remembered, can be of little or no ufe in any branch of bufmefs ? This abfurdity is the fubjeil of common complaint ; men fee and feel the impropriety of the ufual practice ; and yet no argu- ments that have hitherto been ufed, have been fufticient to change the fyftem ; or to place an Englifh fchool on a footing with a Latin one, in point of reputation. It is not my wirti to difcountenance totally the rtudy of the dead languages. On the other hand I fliould urge a more clofe attention to them, among young men who are defigned for the learned profeffions. The poets, the orators, the philofophers and the hiftorians of Greece and Rome, furnifli the mofi: excellent mod- els of Stile, and the richeft treafures of Science. The flight attention given to a few of thefe authors, in our ufual courfe of Education, is rather calculated to make pedants than fcholars ; and the time employed in gain- ing fuperficial knowlege is really wafted. '< A little learning is a dangerous thing, " Drink deep, or tafle not the Pierian fpring." But my meaning is, that the dead languages are not neceflary for men of bufmefs, merchants, mechanics, planters, &c. nor of utility fufficient to indemnify them for the expenfe of time and money which is requilite to acquire a tolerable acquaintance with the Greek and Roman authors. Merchants often have occafion for a knowlege of fome foreign living language, as, the French, the Italian, the Spanilh, or the German ; but men, whofe bufmefs is wholly domeftic, have little or no ufe for any language but their own ; much lefs^ for languages known only in books. There is one very necelTary ufe of the Latin lan- guage, which will always prevent it from falling intq neglect j 6 EDUCATION. neglecl; which is, that it ferves as a common inter- preter among the learned of all nations and ages. Epitaphs, infcriptions on monuments and medals, treaties, &c. deligned for perpetuity, are written in Latin, which is every where underftood by the learn- ed, and being a dead language is liable to no change. But the high eftimation in which the learned lan- guages have been held, has difcouraged a due attention to our own. People find themfelves able witliout much ftudy to write and fpeak. the Englifh intelligibly, and thus have been led to think rules of no utility. This opinion has produced various and arbitrary prac- tices, in the ufe of the language, even among men of the moft information and accuracy ; and this diveri;ty has produced another opinion, both falfe and injurious to the language, that there are no rules or principles on which the pronunciation and conftruction can b« fettled. This negledl is fo general, that there is fcarcely an inftitution to be found in the country, where the Eng- lifh tongue is taught regularly, from its elements to its true and elegant conftruilion, in profe and verfe. Per- haps in mort fchools, boys are tauglit the definition of the parts of fpeech, and a few hard names which they do not underfland, and which the teacher feldom at- tempts to explain ; this is called /earning grammar. This prafVice of learning queftions and anfwers with- out acquiring any ideas, has given rife to a common remark, that gramfnar is a dryjiudy ; and fo is every other ftudy which is profccuted without improving the head or the heart. 'Ihe ftudy of geography is equally dry, when the fubje6l is not undcrftood. But when grammar is taught by the help of vifible objcfls ; when children perceive that differences of words arife from differences in things, which they may learn at a very early period of life, the ftudy becomes entertaining, as well as improving. In general, when a ftudy of any kind is tireiome to a perfon, it is a prefumptive evidence that he does not make any proficiency in knowlege, and this is almoft always the fault of the inftrudor. la EDUCATION. 7 In a few inftances perhaps the ftudy of Engllfh is thought an objetSt of confequence ; but here alfo there IS a great error in the common praftice ; for the ftudy of Englifn is preceded by feveral years attention to Latin and Greek. Nay, there are men, who contend that the beft way to become acquainted with Englifn, is to learn Latin firft. Common fenfe may juftly fmile at fuch an opinion j but experience proves it to be falfe. If language is to be taught mechanically, or by rote, it is a matter of little confequence whether the rules are in Englifh, Latin or Greek : But if children are to acquire ideas^ it is certainly eafier to obtain them in a language which they underftand, than in a foreign tongue. The diftinsflions betv/een the principal parts of fpeech are founded in nature, and are within the ca- pacity of a fchool boy. Tiiefe diftin6lions fliould be explained in Engllfh, and when well underftood, will facilitate the acquifition of other languages. Without feme preparation of this kind, boys will often find a foreign language extremely difficult, and fometimes be difcouraged. We often fee young perfons of both fexes, puzzling their heads with French, when they can hardly write two fentences of good English. They plod on for fome months with much fatigue, little im- provement, and lefs pleafure, and then relinquifli the attempt. The principles of any fcience afford pleafure to the fludcnt who comprehends them. In order to render the ftudy of language agreeable, the diftin6lions between words ftiould be illuftrated by the differences in vifible objeds. Examples ftiould be prefented to the fenfes, which are the inlets of all our knowlege. That nouns are ihe names of things^ and that adjeciroes cxprefs their qualities^ are abftraft definitions, wliich a boy may repeat five years without comprehending the raea;i- ing. But that table is the name of an article, and hard or fquare is its property, is a diftinftion ob- vious to the fenfes, and confequently within a child's capacity. There « EDUCATION. There is one general practice in fchools, which I cenfure with diffidence ; not becaufe I doubt the pro- priety of the cenfure, but becaufe it is oppofed to deep rooted prejudices : This pracHce is the ufe of the Bible as a fchool book. There are two reafons why this praftice has fo generally prevailed : The firfl: is, that families in the country are not generally fupplied with any other book : The fecond, an opinion that the read- ing of the fcriptures will imprefs, upon the minds of youth, the important truths of religion and morality. The firft may be eafily removed ; and the purpofe of the laft is counteracted by the pracftice itfelf. If people defign the doftrines of the Bible as a fyftem of religion, ought they to appropriate the book to pur- pofes foreign to this defign ? Will not a familiarity, contracted by a carelefs difrcfpedful reading of the facred volume, v;eaken the influence of its precepts upon the heart ? Let us attend to the effed of familiarity in ether things. The rigid Puritans, who firfl: fettled the New Eng- land States, often chofe their burying ground in the center of their fettlements. Convenience might have been a motive for the choice ; but it is probable that a flronger reafon waSj the influence which they fup- pofed the frequent burials and conftant fight of tlie tombs would have upon the lives of men. The choice, however, for the latter purpofe, was extremely inju- dicious ; for it may be laid down as a general rule, that thofe who live in a conftant view of death, will become hardened to its terrors. No perfon has lefs fenfibility than the Surgeon, who has been accuftomed to the amputation of limbs. No perfon thinks lefs of death, than the Soldier, who has frequently walked over the carcafTcs of his flain comrades ; or the Sexton, who lives among the tombs. Obje(fts that affedt the mind ftrongly, whether the fenfations they excite are painful or pleafureable, alway? lofe their effed by a frequent repetition of their im- prefnons. EDUCATION. 9 preffions.* Thofe parts of the fcripture, therefore, which are calculated to ftrike terror to the mind, lofe their influence by being too frequently brought into view. The fame objeftion will not apply to the hiftory and morality of the Bible ; feleft palTages of which may be read in fchools to great advantage. In fomc countries, the common people are not permitted to read the Bible at all : In ours, it is as common as a newfpaper, and in fchools, is read with nearly the fame degree of refpe6t. Both thefe pradices appear to be extremes. My wifh is not to fee the Bible excluded from fchools, but to fee it ufed as a fyftem of religion and morality. Thefe remarks fuggeft another error which is often committed in our inferior fchools : I mean that of putting boys into difficult fciences, while they are too young to exercife their reafon upon abftraPc fubjeds. For example ; boys are often put to the lludy of math- ematics, at the age of eight or ten years ; and before they can either read or write. In order to i^iow the impropriety of fuch a praftice, it is neceffary to repeat what was juft now obferved, that our fenfes are the avenues of knowlege. This fad proves that the mort: natural courfe of Education is that which employs, firft the fenfes or powers of the body, or thofe faculties of the mind which firft acquire ftrength ; and then proceeds to thofe ftudies which depend on the power of comparing and combining ideas. The art of writ- ing is mechanical and imitative ; this may therefore employ boys, as foon as their fingers have ftrength fuf- ficient * The veneration we have for a great character, crafes with an intimate acquaintance with tlie man. Tlie fame principle is obfervable in the body. Higli feafoned food, witliout fre- quent intervals of abltinence, lofer, its rclilh. On the other hand, objetts that make flight impreffions at firft, acquire ftrength by repetition. An elegant fnnplicity in a building may not affeft the mind with great pleafure at firft fight ; but the pleafure will always increafe with repeated examinations of the ftrudlure. Thus by habit, we become exceffively fond pf food which does not relifh at firft taftingj and ftrong attaqh- •nents between the fexes often take place from indiiiercnce, pnd even from averfion. 10 EDUCATION. ficlent to command a pen. A knowledge of letters requires the exercife of a mental power, memory ; but this is coeval almort with the firft operations of the hu- man mind ; and with refpeit to obje^^s of fenfe, is al- moft perfect even in childhood. Children may there- "jtm. fore be taught reading, as foon as their organs of fpeech have acquired ftrength fufficient to articulate the founds of words.* But thofe ftiences, a knowlege of which is acquired principally by the reafoning faculties, fhould be poft- poned to a more advanced period of life. In the courfe of an EngliOi Education, mathematics fhould be per- haps the laft lludy of youth in fchools. Years of val- uable time are fometimes thrown away, in a fruitlefs application to fciences, the principles of which are above the comprehenfion of the ftudents. There is no particular age, at which every boy is qualified to enter upon mathematics to advantage. The proper time can be beft determined by the in- (l^ru'ftors, who arc acquainted with the different capaci- ties of their pupils. Another error, which is frequent in America, is that a marter undertakes to teach many different branches in the fame fchool. In new fcttlements, where people are poor, and live in fcattered fituations, the practice is often unavoidable : But in populous towns, it muft be confidered as a defeclive plan of Education. For fup- pofe tliC teacher to be equally mafter of all the branch- es which' he attempts to teach, which feldom happens, yet his attention mull: be diftraiRed with a multiplicity of objeiTiS, and confcquently painful to himfelf and not ufeful to the pupils. Add to this the continual inter- ruptions which the ffudents of one branch fuffor from thofe of anotlier, which mult retard the progrefs of the whole * Great caution fhould be obferved in teaching children to pronounce the letters of the alpliabct. Tlic labials arc cafily pronounced j thus the fidi words a child can (peak arc papa and mama. But there arc foine letters, particularly / and r, which are of difficult pronunciation, and children Ihould not be prelled to fpeak words in which they occur. The difficult^' may produce a habit of Itammering. EDUCATION. It whole fchool. It is a much more eligible plan to ap- propriate an apartment to each branch of Education, ■with a teacher who makes that branch his fole employ- ment. The principal academies in Europe and Amer- ica are on this plan, which both reafon and experience prove to be the moft uleful. With rerpe(5l to literary inftitutions of the firfl: rank, it appears to me that their local fituations are an objedt of importance. It is a fubje6l of controverfy, whether a large city or a country village is the mofl. eligible fitu- ation for a college or univerfity. But the arguments in favor of the latter, appear to me decifive. Large cities are always fcenes of diffipation and amufement, which have a tendency to corrupt the hearts of youth and divert their minds from their literary purfuits. Reafon teaches this doftrinc, and experience has uni- formly confirmed the truth of it. Stri(5l difcipline iseffential to the profperity of a pub- lic feminary of fcience ; and this is edabliftied with more facility, and fupported with more uniformity, in a fmall village, where there are no great objefts of cu- riofity to interrupt the ftudies of youth or to call their attention from the orders of the fociety. That the morals of young men, as well as their ap- plication to fcience, depend much on retirement, will be generally acknowleged ; but it Vv^ill be faid alfo, that the company in large towns will improve their manners. Thequeftion then is, which fhall be facrificed ; the ad- vantage of an uncorrupted heart and an imprGvcd head ; or of poliftied manners. But this queftion fuppofes that the virtues of the heart and the polifh of the gen- tleman are incompatible v^ith each other ; which is by no means true. The gentleman and the fcholar are often united in the fame perfon. But both are not formed by the fame means. The improvement of the head requires clofe application to books ; the refine- ment of manners rather attends fome degree of diffipa- tion, or at leaf! a relaxation of the mind. To preferve the purity of the heart, it is fometimes neceflary, and always ufeful, to place a youth beyond the reach of bad examples ; J2 EDUCATION. examples ; whereas a general knowlege of the world, of all kinds of company, is requifite to teach a unlverfal propriety of behavior. But youth is the time to form both the head and the heart. The underftanding is indeed ever enlarging ; but the feeds of knowlege fhould be planted in the mind, while it is young and fufceptible ; and if the mind is not kept untainted in youth, there is little probability that the moral character of the man will beunblemifh- ed. A genteel addrefs, on the other hand, 7tia)' be ac- quired at any time of life, and mujl be acquired, if ever, by mingling with good company. But were the culti- vation of the underftanding and of the heart, inconfifl:- cnt with genteel manners, ilill no rational perfon could hefitare which to prefer. TliC goodnefs of a heart is of infinitely more confequence to fociety, than an elegance of manners ; nor will any fuperficial accom- plifhments repair the want of principle in the mind. It is always better to be vulgarly right, than politely wrong. But if the amufements, diflipation and vicious ex- amples in populous cities render them improper places for feats of learning ; the monkilh mode of fequefter- ing boys from other fociety, and confining them to the apartments of a college, appears to me another fault. The human mind is like a rich field, which, without conftant care, will ever be covered with a luxuriant growth of weeds. It is extremely dangerous to fuffer young men to pafs the moft critical period of life, when the paflions are ftrong, the judgement weak, and the heart fufceptible and unfufpeiling, in a fituation where there is not the leafl: reftraint upon their inclinations. My own obfervations lead me to draw the veil of filence over the ill effedts of this practice. But it is to be wifh- , cd that youth might always be kept under the infpec- tion of age and fuperior wifdom ; that literary inftitu- tions might be fo fituated, that the ftudcnts might live in decent families, be fubjeiV, in fome meafure, to their difcipline, and ever under the control of thofe whom they refpetSl. Perhaps EDUCATION. i^ Periiaps it may alfo be numbered among the errors in our fyftems of Education, that, in all our univerfities and colleges, the ftudents are all reftricl^ed to the fame courfe of Audy, and by being claffed, limited to the fame progrefs. Clafling is neceflary, but whether ftu- dents ihould not be removeable from the lower to the higher claiTes, as a reward for their fuperlor induflry and improvements, is fubmitted to thofe who know the efFe6l of emulation upon the human mind. But young gentlemen are not all defigned for the- fame line of bulinefs, and why fhould they purfue the fame ftudies ? Why (hould a merchant trouble himfelf with the rules of Greek and Roman fyntax, or a planter puzzle his head with conic fetStions ? Life is too fhort to acquire, and the mind of man too feeble to contain, the whole circle of fciences. The greatefl: genius on earth, not even a Bacon, cin be a perfed mafter o^ every branch ; but any moderate genius may, by fuitable ap- plicaiion, be perfedl in any one branch. By attempting therefore to teach young gentlemen every thing, we make the moft of them mere fmatterers in fcience. In order to qualify peifons to figure in any profeflion, it is neceflary that they Ihould attend clolely to thofe branches of learning which lead to it. There arefome arts and fciences v.hich are neceflary for every man. Every man fhould be able to fpeak and write his native tongue with corrednefs ; and have fome knowlege of mathematics. The rules of arith- metic are indifpenfably requifite. But beiides the learn- ing v>'hich is of common utility, lads fliould be directed to purfue thofe branches which are connected more im- mediately with the bufinefs for which they are deftined. It would be very ufeful for the farming part of the community, to furnifli country fchools with Ibme eafy fyfl^em of pradical hufbandry. By repeatedly reading fome book of this kind, the mind would be ftored with ideas, which might not indeed be underflood in youth, but which would be called into practice in fome fubfe- quent period of life. This would lead the mind to the fubjedl: of agriculture, and pave the way for improve- ments. Young 14 EDUCATION. Young gentlemen, defigned for the mercantile line, after liaving learned to write and fpeak Englifh correft- ly, might attend to French, Italian, or fuch'other living 'language, as they v;ill probably want in the courfe of "bufinefs. Thefe languages fhould be learned early in youth, while the organs are yet pliable j otherwife the pronunciation will probably be imperfefl. Thefe ■ftudies might be fucceeded by fome attention to chro- nology, and a regular application to geography, mathe- matics, hifrory, the general regulations of commercial nations, principles of advance in trade, of infurance, and to the general principles of government. It appears to me that fuch a courfe of Education, which might be completed by the age of fifteen or fix- teen, would have a tendency to make better merchanti than the ufual pra6iice which confines boys to Lucian, Ovid and Tully, till they are fourteen, and then turns them into a ftore, without an idea of their bufinefs, or one article of Education necefiary for them, except per- haps a knowlege of writing and figures. Such a fyftem of Englifh Education is alfo much preferable to a univerfity Education, even with the ufual honors ; for it might be finilhcd fo early as to leave young perfons time to ferve a regular apprenticefhip, without which no perfon fhould enter upon bufinefs. But by the time a univerfity Education is completed, young men commonly commence gentlemen ; their age and their pride will not fuff"er them to go thro the drudgery of a compting houfe, and they enter upon bufinefs without the requifite accomplifiiments. In- deed it appears to me that what is now called a liberal Education^ difqualifies a man for bufinefs. Habits are formed in youth and by practice ; and as bufinefs is, in fome meafure, mechanical, every perfon Ihould be ex- ercifed in his employment, in an early period of life, that his habits may be formed by the time his appren- ticefiiip expires. An Education in a univerfity inter- feres with the forming of thefe habits ; and perhaps forms oppofite habits ; the mind may contract a fond- nefs for cafe,- for pleafure or for books, which no efforts can EDUCATION. 15 can overcome. An academic Education, whicli fliould furnifh the youth with feme ideas of men and things, and leave time for an apprenticefhip, before the age of twenty one years, would in my opinion, be the moft eligible for young men who are defigned for a6liv em- ployments. The method purfued in our colleges is better calcu- lated to lit youth for the learned profefTions than for bufinefs. But perhaps the period of rtudy, required as the condition of receiving the ufual degrees, is too ihort. Four years, with the moft affiduous application, are a ihort time to furniOi the mind with the necefTary knowlege of the languages and of the feveral fciences. It might perhaps have been a period fufnciently long for an infant fettlement, as America was, at the time when moft of our colleges were founded. But as the country becomes populous, v;ealthy and refpe61:able, it may be worthy of confideration, whether the period of academic life fhould not be extended to fix or feven years. But the principal d6fecl in our plan of Education \n America, is, the want of good teachers in the acade- mies and common fchools. By good teachers I mean, men of unblemiftied reputation, and pofiefTed of abili- ties, competent to their ftations. That a man fhould be mafter of what he undertakes to teach, is a point that will not be difputed ; and yet it is certain that abil- ities are often difpehfed with, either thro inattention or fear of expenfe. To thofe who employ ignorant men to inftruft their children, permit me to fuggeft one important idea : That it is better for youth to have no Education, than to have a bad one ; for it is more difficult to eradicate habits, than to imprefs new ideas. The tender ftirub is eafily bent to any figure ; but the tree, which has acquired its full growth, refifts all impreffions. Yet abilities are not the fole requifites. The in- ilrudlors of youth ought, of all men, to be the moft: prudent, accompliftied, agreeable and refpeclable. What avail a man's parts, if, while he is the " wifeft and jr6 EDUCATION. and briglitefl:," he is the "mcaneft of mankind ?" The pernicious effects of bad example on the minds of youth will probably be acknowleged ; but with a view to im- provement., it is indifpenfably necefiary that the teach- ers n^ould poffefs good breeding and agreeable manners. In order to give full efFe6l to inftru(5lions, it is requifite that they Ihould proceed from a man who is loved and refpected. But a low bred clown, or morofe tyrant, can command neither love nor refpe6l ; and that pupil who has no motive for application to books, but the fear of a rod, will not make a fcholar. The rod is often necefiary in fchool ; efpecially after the children have been accuftomed to difobedlence and a licentious behavior at home. All government orig- inates in families, and if neglected there, it will hardly exifl: in fociety ; but the want of it muil be fupplied by the rod in fchool, the penal laws of the flate, and the terrors of divine wrath from the pulpit. The govern- ment both of families and fchools fliould be abfolute. There fhould, in families, be no appeal from one parent to another, with the profpecft of pardon for offences. The one fliould always vindicate, at leafl: apparently, the conduiEl of the other. In fchools the mafter fliould be abfolute in command ; for it is utterly impoffible for any man to fupport order and dlfcipline among children, who are indulged with an appeal to their pa- rents. A proper fubordination in families would gen- erally fuperfede the necefllty of feverlty in fchools ; and a ftrict difcipline in both is the befl foundation of good order in political fociety. If parents fliould fay, " we cannot give the inflru£^- ors of our children unlimited authority over them, for it may be abufed and our children injured ;" I would anfwer, they muft not place them under the diredlion of any man, in whofe temper, judgement and abilities, they do not repofe perfect confidence. The teacher Ihould be, if fuch can be found, as judicious and rea- fonable a man as the parent. There can be little improvement in fchools, without flricl fubordination ; there can be no fubordination, without EDUCATION. 17 ^vithout principles of cfreem and refpeiH: in the pupils ; and the pupils cannot efteemand relpefi: a man who is not in hiiilfelf refpeilable, and who is not treated with refpe6t by their parents. It may be laid down as an invariable maxim, that a perfon is not tit to fuperin- tend the Education of children, who has not the qual- ifications which will command the efteem and refpedt of his pupils. This maxim is founded on a truth ■which every perfon may have obferved ; that children always love an amiaibh man, and always ejieern a rejpeSf- ahle one. Men and women have their paflions, which often rule their judgement and their conduft. 'I^hey have their caprices, their interefts and their prejudices, which at times incline them to treat the moft meritori- ous characters with difref]>e£l. But children, artlefs and unfufpeding, refign their hearts to any perfon whofe manners are agreeable, and whofe condudi is refpeiita- ble. Whenever, therefore, pupils ceafe to refpedl their teacher, he fhould be inilantly difmiffed. Refpe-ft for an inftrudior will often fupply the place of a rod of corrcflion* The pupil's attachment will lead him to clofe attention to his ftudies 5 he fears not tlie rod fo much as the d'ljfleafure of his teacher ; he waits for a fmile, or dreads a frown ; he receives hi* ihftruftions and copies his manners. This generous principle, the feaf of offending, will prompt youth to exertions ; and inflead of feverity on the one hand, and of fiavifh fear, with reluflant obedience on the other, mutual efteem, refpe6l and confidence ftrew flowers in ihe road to knowlege. With refpefl to morals and civil fociety, the other view in which I propofed to treat this fubjei3, the ef- fects of Education are fo certain and extenfiv, that it behooves every parent and guardian to be particularly atterttiv to the characters of the men, whole province it is to form the minds of youth. From a firange inverfion of the order of nature, the caufe of which it is not nectfiary to unfold, the moft important bufineis in civil fociety, is, in many parts of •Anieric3, committed to the moU worthiefs characters. C^ The -iS EDUCATION": 1 he Education of youth, an employment of more con- fequence than making laws and preaching the gofpeJ, becaufe it lays the foundation on which both law and gofpel rell for fuccefs ; this Education is funk to a level with the moH: menial fervices. In moft inftances we lind tlie higher feminaries of learning intruded to men^ of good chara61ers, and poffcfled of the moral virtues and fecial affeflions. But many of our inferior fchools, which, fo far as the heart is concerned, are as important as colleges, are kept by men of no breeding, and many of them, by men infamous for the moft deteftable vices.* Will this be denied ? will it be denied, that before the war, it was a frequent pradice for gentlemen to * How difFcrent tliis praflice from the manner of educating youth in Rome, during the flourifhirg ages of the republic ! There the attention to children commenced with their birtli ; an infant was net educated in the cottage of a hireling nurfe, but in the very bofom of its mother, whofe principal praife was, that (he fuperintended her family. Parents were careful to choofe fome aged matron to take care of their children ; to- form their firfl liabits of fpeaking and aiSting ; to watch theii* growing palTions, and direct them to their proper objc6ts ; to guard thorn from all immodefl fports, prefcrve their minds in- nocent, and diredt their attention to liberal purfuits. *' — Filius — non in cella emptns nutricis fed gremio ac finu matris cducabatur, cujus prscipua laus, tueri domum, et in- liervire liberis. - Eligebatur autein aliqua major natu propin- qua, cujus probatis fpedtatifque moribus, omnis cujufpiani familiic foboles comniittcretur, coram qua neque dicere fas erat c[uod turpe'dictu, neque facere quod inhonelkun faftu videre- tur. Ac non liudia modo curafque, fed remilliones etiam lufus que pueroruni, fani5titate quadam ac verccundia temperabat." Tn this manner were educated the Gracchi, C^cfar, and other celebrated Romans. " C^na? difciplina ac feveritas eopertine- bat, ut flnceni et intergra ct nullis pravitatibus dctorta unius cujufque natura, toto ftatcm pectore, arriperet artes honeftas.'' "Tacitus dc (Jrat. Dial. 28. The hiftorian then proceeds to mention the corruption of manners, and the vicious mode of Education, in the later ages- of Rome. He fays, children were committed to fome maid, with the vilcfl: Haves ; with whom they were initiated in their low converfation and manners. " Horum fabulis et erroribus tcneri flatim ct rudes animi imbuuntur ; nee quis quam in toto domo penfi liabet, quij coram infante domiao aut dicat a:it &ciat," Ibm, za- EDUCATION. 19 to purchafe convl>5L3, vAio Iiad been tranrported for their , crimes, and employ them as private tutors in their fam- ijies ? Gracious Heavens ! Mufl the wretcliss, who have forfeited their lives, and been pronounced unworthy to be inhabitants of a foreign country, be entrufted with the Education, the morals, the charaf^ier of American youth ? Will it be denied that many of the inftruftors of youth, whcfe examples and precepts ihould form their ininds for good men and ufeful citizens, are often found to fleep away, in fchool, the fumes of a debauch, and to liun the ears of their pupils with frequent blafphemy ? It is idle to fupprefs fuch truths ; nay more, it is wick- • ed. The praai'ce of employing low and vicious char- acters to dired the fiudies of youth, is, in a high degree, criminal ; it is dedruclive of the order and peace of fociety; it is treafon againll morals, andof courfe, againll government ; it ought tobe arraigned before the tribunal of reafon, and condemned by all intelligent beings. The pra6lice is fo exceedingly abfurd, that it is furprifing it couldeverhaveprevailedamong rational people. Parents wifh their children to be zvell bred^ yet place them under the care of clowns. They wi(h to fecure tlijsir hearts from vicious principles znd habits^ yet commit them to the care of men of the moO: projiigate lives. They v;i(h to have their children taught obedience and re/pe<^ for fu- periors, yet give them a mafter that both parents and children dcfpifc. A prafiice fo glaringly abfurd and ir- rational has no name in any language ! Parents them- felves will not afibciate with the men, whofe company they oblige their children to keep, even in that moft im- portant period, when habits are forming for hfe.* Are * Tlie praftice of employing lowcharaclcrs in fchools is not novel — Afcham, preceptor to Qu^een Elizabeth, gives us the following account of the practice in his time. •' Pity it is that commonly more care is liad ; yea and tliat among very wile men, to find out ratlier a cunning man for their Iiorfe, than a cunning man for their children. Thev fav, nav, in word ; but C 2 ... ^^^ f 20 E D U C A T I O K. Are parents and guardians ignorant, that children' always imitate thofe with whom they live or aflbci- ate r That a boy, bred in the woods, will be a favage ? That another, bred in the army, will have the man- ners of a foldicr ? That a third, bred in a kitchen, will Ipeak the language, and pofl'efs the ideas, of fer- vants ? And that a fourth, bred in genteel company, v-ill have the manners of a gentleman ? We cannot believe that many people are ignorant of thefe truths. Their conduct tnerefore can be afcribed to nothing but inattention or fear of expenfe. It is perhaps literally true, that a wild life among favages is preferable to an Education in a kitchen, or under a drunken tutor ; for favages would leave the mind uncorrupted with the vices, which reign among llaves and the depraved part t^f civilized nations. It is therefore a point of infinite importance to fociety, that youth Ihould not aflbciate with perfons whofe manners they ought not to imitate- ; much lefs (hould they be doomed to pafs the moft fuf- ceptable period of life, with clowns, profligates and llaves. There are people fo Ignorant of the conf^itution of our natures, as to declare, that young people fhould fee vices and their confequences, that they may learn to tlicy do fo, in deed. For to one they \vill give a flipcnd of two hundred crowns, and lotfi to oft'er the other two hundred ihillings. Gcd, that littcth in tlic Heaven, huighctli their choice to Icorn and rcwardclh their liberality as it Ihould : for he fufiCrcth them to liave latnc and ivcll ordered horfts ; but "Mild and iir.fortumUE children : and therefore in the end tliey find niore pleafure in their horfe, than comfort in their child." This h old language, but tlic facrts flated arc modern truths. Tlic barbarous Gothic practice has furvivcd all tjie attacks of common fenfe, and in many parts of America, a gentleman's groom is on a level with his Ichoolmadcr, in point of reputa- tion. But hear another authority for the practice in Kng- land. " As the cafe now flands, thofe of the firft quality pay their tutors but little above half fo mucli as they do tlieir J'oot- tneii." — Guardian, ^o. 9J. " 'Tis monltrous indeed tliat men of the befi cRates and i'.iiniiies are more folicitous about the tutelage of a lavorite dog 01" hor/e^ tJuui of their heirs tnale."—lbin. EDUCATION. IX to detefl and fliun them. Such reafoning is like that of the novel writers, who attempt to defend their de- iineations of abandoned charaders ; and that of fiage players, who would vindicate the obfcene exhibitions of a theater ; but the reafoning is totally falfc.* Vice always fpreads by being publifhed ; young people sre taught many vices by fidion, books or public exhibi- tions ; vices, which they never would have known, had they never read fuch books or attended fuch public pla- ces. Crimes of all kinds, vices, judicial trials necefihriJji' obfcene, and infamous punKhments, (hould, if pofiible, be concealed from the young. An examination in a court of juflice may teach the tricks of a knave, the arts of a thief, and the evafions of hackneyed offenders, to a dozen young culprits, and even tempt thofe who have never committed a crime, to make a trial of their (kill. A newfpaper may fpread crimes ; by commu- nicating to a nation theknowlege of an ingenious trick of villainy, which, had it been fuppreflcd, might have died with its tirfi: inventor. It is not true that the ef- fects of vice and crimes deter others from the practice ; except when rarely feen. On the other hand, fre- quent exhibitions either ccafe to make any impreffions on the minds of fpediators, or elfe reconcile them to a courfe of life, v;hich at firft was difagreeable. " Vice is a monfter of fo frightful mein, As to be huted, needs but to be lean ; Yet feen too ot't, familiar with her face, We firft endure, then pity, then embrace." For thefe reafons, children fliould keep the bed: of company, that they might have before them the beft manners, the bell breeding, and the befi: converfation. Their minds (hould be kept untainted, till their reafon- ing faculties have acquired ilrength, and the good prin- ciples which may be planted in their minds, have tak- en deep root. They will then be able to make a hnn and * The fa(5l related by Juftin, of an ancient people, will ap- ply univerfally. " 1 anto plus in illis proncit viftiorum ig- noratio, quam in his cognitio virtutis." An ignorance of vic<^ lias a better cffed, tliau a know lege of virtue. 22 EDUCATION. and probably a fuccefsfnl refiPfancc, againft the attacks of lecrct corruption and brazen libertinirm. Our Icgillaiors frame laws for the fupprefiion of vice and immorality ; our divines thunder, from the pul- ])it, the tenors of infinite wrath, againft the vices that Itain the characters of men. And do laws and preach- ing eiTe^l a reformation of manners ? Experience Vvould not give a very favorable anfwer to this inquiry. M'he reafon is obvious ; the attempts are directed to the wrong objects. Laws can only check the public e{Te>5is of vicious principles ; but can never reach the principles themfelves ; and preaching is not very in- telligible to people, till they arrive at an age when their principles are rooted, or their habits lirmly eflablithcd. An attempt to eradicate old habits, is as abfurd, as to lop oil the branches oi a huge oak, in order to root it out of a rich ibil. The moit that fuch clipping will eitecl, is to prevent a further growth. The only pratticabie method to reform mankind, is to begin with children ; to banifn, if poffible, from their company, every low bred, drunken, immoral charac- ter. Virtue and vice will not grow together in a great degree, but they will grow where they are planted, and when one has taken root, it is not eafily fupplant- ed by the other. The great art of corredllng mankind therefoi-e, confifts in prepolTefling the mind with good principles. For this reafon fociety requires t'lat th.e Education of youth fnould be watched with the molt fcrupulous attention. Education, in a great meafure, forms the moral charadkrs of men, and morals are the bails of government.* Education fliould therefore be the firft care of a Legiflature ; not merely the inftitution of fchools, but the furnifningof them with the bcfl men for teach- ers. A good fyftem of Education Ihould be the fird article in the code of jxjlitical regulations ; for it is much calitr to introduce and cftablilh an eftedtual fyf- tem for preferving morals, than to correct, by penal llatutcs, * Plus lb: tcni mores valcnt, quam alibi bonan leges. Tric. de Mor. Germ. 19. E D U C A T I O t:. 23 iftatutes, the ill effefls of a bad fyflem. I am fo fully perfuaded of this, that I Ihall ahnoft adore tliat great man, who fhall change our practice and opiiiions, and make it refpeftable for the firR and beft men to fuper- intend the Education of youth. Another defeiR: in our fchools, vvliich, (ince the rev- olution, is become incxcufeable, is the want of proper books. The colletftions which are now ufed conult uf ■eflays that refpe6l foreign and ancient nations. Ti-.e minds of youtii are perpetually led to the hiflory of Greece and Rome or to Great Britain ;'boys are con- (iantly repeating; the declamations of Demcilhenes anct Cicero, or debates upon foine political queftion in t'le Britifh Parliment. Thefe are excellent fpeciniens of good fenfe, poliflied ftile and perfect oratory ; but they are not intererting to children. They cannot be very ufeful, except to young gentlemen wiio want them as models of reafoning and eloquence, in the pulpit or at the bar. But every child in America fhould be acquainted v^th his own country. He fliould read books that furnifli him with ideas that will be ufeful to Irim in life and pra61ice. As foon as he Cj^ens his lips, he fhould rehearfe the hldory of his own country ; he fhould lifp the praife of libert)', and of thofe illuftrious heroes and rtatefmen, who have wrought a revolu'doa in her favor. A fele£lion of eflays, refpeiSiing the fettlement and geography of America ; the hiftory of the late revolu- tion and of the moil: remarkable charadters and events that diflinguhlied it, and a compendium of the prin- ciples of the federal and provincial governments, fliould be the principal fcliool book in the United States. Thefe are interefting objecSis to every man ; they call home the minds of youth and fix them upon the in- tercfts of their own country, and they aifift in forming attachments to it, as well as in enlarging the under- i^andit-g. " It is obferved by the great Ivlontefquieu, that the laws of education ought to be relative to the principles ■of the government."* Xn * Sjpirit of L;u\ s. Book 4^ 24 EDUCATION. In defpotic governments, the people fliould have lit- tle or no education, except what tends to infpire them with a fervile fear. InfLrfmation is fatal to defpotifni. In monarchies, education Ihould be partial, and a- dnpted to the rank of each clafs of citizens, i^ut *' \n a republican government," fays the fame writer, " the V. hole power of education is required." Here every clafs of people Ihould inow and love the laws. This knowlege fliould be difFufed by means of fchools and r.ewfpnpers ; and an attachment to the laws may be formed by early imprefiions upon the mind. Two regulations are efiential to the continuance of republican governments : i. Such a diRribution of lands and fuch principles of defcent and alienation, as llmll give every citizen a power of acquiring what his induftry merits.* 2. Such a fyftem of education as gives every citizen an opportunity of acquiring knowl- ege and fitting himfelf for pbces of trail. Thefe are fundamental articles ; the Jjne qua non of the exillence of the American republics, Hence the abfurdity of our copying the manners and adopting the iniututions of Monarchies. In feveral States, we find laws pafied, eftablifliing provifion for colleges and academies, where people of property may educate their fons ; but no provifion is made for inltru£ling the poorer rank of people, even in reading and writing. Yet in thefe fame States, every citizen who is worth a few lliillings annually, is entit- led to vote for legiLlators.f This appears to me a niofl: glaring fojecifm in government. The conilitutions are rcpulUcav, and the laws of education are monarchi- cal. The former extend civil rights to every honeft induftrious man ; the latter deprive a large proportion of the citizens of a moft valuable privilege. In our American republics, where governments is in * The power of eatailing real eflates i^ repugnant to the fpirit of our American governments. t I have known inllriidions from tlic inhabitants cf a coim- ly, two tliirds of whom could not write their names. Hew competent mufi fuch men be to decide an iruportant jpoint in 5cgination ! EDUCATION. 25 in the hands of the people, knowlege fliould be univer- ially diffufed by means of public fchools. Of fuch confequence is it to foci^ty, that the people who make laws, fnould be well informed, that I conceive no Leg- jUature can be juftiiied in negleding proper eftablifh- ments for this purpofc. When I fpeak of a ditFufion of knowlege, I do not mean merely a knowlege of fpelling books, and the New Teflament. An acquaintance with ethics, and with the general principles of law, commerce, money and government, is neceffary for the yeomanry of a republican ftate. This acquaintance they might ob- tain by means of booft.s calculated for fchools, and read by the children, during the winter months, and by the circulation of public papers. " In Rome it was the common exercife of boys at fchool, to learn the laws of the twelve tables by heart, as they did their poets and claflic authors."* What an excellent pradicethisina free government ! It is faid, indeed by many, that our common people are already too well informed. Strange paradox ! The truth is, they have too much knowlege and fpirit to re- iign their Ihare in government, and are not fuificiently informed to govern themfelves in all cafes of difficulty. There are fome ads of the American legiflatures which aitonifh men of information ; and blunders in legiflation are frequently afcribed to bad intentions. But if we examin the men who compofe thefe legilla- tures, we fhall find that wrong meafures generally pro- ceed from ignorance either in the men themfelves, or in their conftituents. They often miftake their own intereft, becaufe they do not forefee the remote cpnfe- quences of a meafure. It may be true that all men cannot be legiflators ; but the more generally knowlege is diffufed among the fabftantial yeomanry, the more pertccl will bc the laws of a republican ftate. Every fmall diftrift fliould be furniflied with a fchool, at leafl four months in a year ; when boys are not oth- crwife * ^li^dleton's life of Cicero, volume i, page 14, 20 EDUCATION. erwife employed. This fchool (hould be kept by the moft reputable and well informed man in the diftrict. Here children fhould he taught the ufual branches of learning ; fubmiffion to fuperiors and to laws ; the moral or Ibcial duties ; the hiftory and tranfaftions of their own country ; the principles of liberty and gov- ernment. Here the rough manners of the wildernefs iliould be foftened, and the principles of virtue and good behaviour inculcated. The virtues of men are of more confequence to fociety than their obilities ; and for this reafon, the heart fnould be cultivated with more afliduity than the bead. Such a general fyftem of education is neither im- practicable nor difncult ; and excepting the formation of a federal government that fhall be efficient and per- manent, it demands the firft attention of American patriots. Until fuch a fyftem fhall be adopted and piirfued ; until the Statefinan and Divine fliall unite their efforts \n forming the human mind, rather than in loping its excreflences, after it has been negle^^ed ; un- til Lcgillators difcover that the only way to make good citizens and fubjeits, is to nourilh them from infancy ; and until parents fliall be convinced that the tuorji of men are not the proper teachers to make the bf/i ; mankind cannot know to what a degree of perfection fociety and government may be carried, America af- fords the faireft opportunities for making the experi- ment, and opens the moft encouraging profpeCt of fuc- cefs.* Iq * It is worthy of remark, that in proportion as laws are fa- vorable to the equal rights of men, the number of crimes in a flate is diminifi-ied ; except where the human mind is debafed by •extreme fervitude, or by fu perdition. In France, tlicrcarebut few crimes ; religion and tlie rigor of a military force prevent them ; perhaps alfo, ignorance in the peafantry may be aflign- cd as anotlier reafon. But in England and Ireland the liuman mind is not*R) deprcffed, yet the diftribution of property and Jionors is not equal ; the lower clafTos of people, bold and in- dependent, as well as poor, feci the injuries w liich flow from the feudal fyftem, even in its relaxed ftate ; tliey become def- po/ate, and turn highwaymen. Hence tliofe kiii£;doms pro- adequate to all our own purpofes ; without fending our youth abroad, or depending on other nations for books and inftrudors. It is very little to the reputation of America to have it faid abroad, that after the heroic atchievements of the late war, thefe independent people are obliged to fend to Europe for men and books tO' teach their children ABC. But in another point of view, a foreign education is- diredly oppofite to our political interefts, and ought to be difcountenanced, if not prohibited. Every perfon of common obfervation will grant, that moft men prefer the manners and the government of that country where they are educated. Let ten Ame- rican youths be fent, each to a different European king- dom, and live there from the age of twelve to twenty, and each will give the preference to the country where he has refided. The period from twelve to twenty is the moft import- ant in life. The imprefiions made before that period are commonly effaced ; thofe that are made during that period ahvays remain for many years^ and generally thro life. Ninety nine perfons of a hundred who pafs that period in England or France, will prefer the people, their man- ners, their laws, and their government, to thofe of their nativ country. Such attachments are injurious, both to the happinefs of the men, and to the political interefts of their own country. As to private happinefs, it is univerfally known how much pain a man fuffers by a: change of*habits in living. The cuftoms of Europe are and ought to be different from ours ; but when a man has been bred in one country, his attachm'ents to its manners make ihem, in a great meafure, neceffary to his happinefs. On changing his relidence, he muft there- fore break, his former habits, which is always a painful iacri£ce ^ 32 EDUCATION. facrifice ; or the difcordance between the manners of hxS own country, and his habits, muft give him inceflant imeafmcfs ; or he muft introduce, into a circle of his friends, the manners in which he was educated. Thefe confequences may follow, and the laft, which is inevita- ble, is a public injury. The refinement of manners in every country fliould keep pace exactly with the in- creafe of its vfealth ; and perhaps the greatell: evil A- nierica now feels is, an improvement of tafte and man- ners which its wealth cannot fupport. A foreign education is the very fource of this evil ; it gives young gentlemen of fortune a relifh for manners and amufements which are not fuited to this country ; ivhich however, when introduced by this clafs of peo-» pie, will always become falhionable. But a corruption of manners is not the fule objeftiori to a foreign education : An attachment to z foreign gov- ernment, or rather a want of attachment to our ozun^ is the natural effect of arefidence abroad, during the pe- riod of youth. It is recorded of one of the Greek cities, that in a treaty with their conquerors, it was required that they fliould give a certain number of male children as hoftages for the fulfilment of their engagements. The Greeks abfolutely refufed, on the principle that thefe children would imbibe the ideas and embrace the manners of foreigners, or lofe their love for their own country : But they offered the fame number of (j/.a'mcn, without hefitation. This anecdote is full of good fenfe. A man (hould always form his habits and attachments in the country where he is to refide for life. When thefe habits are formed, young men may travel without dan- ger of lofing their patriotifm. A boy who lives in England from twelve to twenty, will be ati Englljhmnn in his manners and his feelings ; but let him remain at home till he is twenty, and form his attachments, he may then be feveral years abroad, acid ftill be an Amen- (an.* There may be exceptions to this obfervation ; but living * Cicero was twenty ciglit years old wlicn he left Italy to truveMnto Greece and ATia. •« He did not ftir abroad^" lays Dr. EDUCATION. 2^ Uviiig examples may be mentioned to prove the trutii of the general principle here advanced, relpedting th j influence of habit. It may be faid that foreign univerlities furniHi mucli better opportunities of improvement in the fciences than the American. This may be true, and yet wiil not juftify the pratT:ice of fending young lads from their owa country. There are fome branches of foience vvhicii may be ftudied to mucii greater advantage in Europe than in America, particularly chymiilry. When thefe are to be acquired, young gentlemen ought to fpare no pains to attend the beft profefl'ors. It may, therefore, be ufeful, in fome cafes, for ftudents to crofs the atlantic to complete a courfe of frudies j but it is not neceflary for tliem to go early in life, nor to continue a long time. Such infiances need not be frequent even now ; and the neceiricy for them v^'ill diminiih in proportion to the future advancement of literature in America. It is, however, much queflioned, whether, in the or- dinary courfe of Ihidy, a young man can enjoy greater advantages Dr. Mitldleton, " till he had completed liis education at home ; for nothing can be more pernicious to a nation, than the necel- fity of a foreign one." — Life of Cicero, I'ol. i. p. 48. Dr. Moore makes a remark precifely in point. Speaking of a foreign education, propofed by a certain Lord, who objected to the public fchools in England, he fays, " I have attended lo his Lordlhip's obje>5i:ions, and after due confiderationj and weighing every ciirumflance, I remain of opinion, that no coun- try but Great Britain is proper for the education of a Br'tifh fubje6t, who propofes to pafs his life in his own country. The 'mod important point, in my mind, to be fecured in tlie educa- tion of a young man of rank of our country, is to make him an Englilhman ; and this can be done no where (o effectually as in England." See his Vienv of Society and Mariners, Szc. vol. i, page 197, where the reader will find many judicious remarks upon this fubjedt. The following are too pertinent to be omitted. — " It is thought, that by an early foreign education, all ridiculous Englifh prejudices, will be avoided. This may b«i true ; but other prejudices, perhaps as ridiculous, and much more detrimental, will be formed. The firil cannot be attended with many inconveniencies ; the fecond may render the young- people unhappy in their own country when they return, and dij- agreeable to their countrymen all the re(t of theirlives." Thefe -'■emarks, by a change of names are applicable to America. D 34 EDUCATION. advantages in Europe than in America. E:rperlence inclines me to raife a doubt, whether the danger to whicii a youth muli be expofed among the fons of dif- lipation abroad, >A'iIl not turn the fcale in favor of our American colleges. Certain it is, that four fifths of the great literary charatSlers in America never croiTed the atlantic. But if our univerfities and fchools are not fo good as the Englifh or Scotch, it is the bufinefs of our rulers to improve them, not to endow them merely ; for en- dowments alone will never make a flourilhing femin- ary ; but to fumifli them with profetfors of the firft abilities and moft afliduous application, and with a com- plete apparatus for ellablifhing theories by experiments. Nature has been profufe to the Americans, in genius, and in the advantages of climate and foil. If this country, therefore, fhould long be indebted to Europe for opportunities of acquiring any branch of fcience in perfedion, it mud be by means of a criminal negled of its inhabitants. The difference in the nature of the American and European governments, is another objeflion to a foreign education. Men form modes of reafoning, or habits of thinking on political fubjeds, in the country where they are bred ; thefc modes of reafoning may be found- ed on fa(5i in all countries ; but the fame principles will not apply in all governments, becaufc of the infinite variety of national opinions and habits. Before a man can be a good Legiflator, he mull be intimately ac- quainted with the temper of the people to be governed. No man can be thus acquainted with a people, without refidingamongll them and mingling with all companies. For want of this acquaintance, a Turgct and a Price may reafon moft abfurdly upon the Conftitutions of the American ftates ; and when any perfon has been long accurtomed to believe in the propriety or impropriety of certain maxims or regulations of government, it is very difficult to change his opinions, or to perfuade him to adapt his reafoning ro ncv; and different circum- rtances. One EDUCATION. 35 One half the European Proteftants will now contend that the Roman Catholic religion is fubverfive of civil government. Tradition, books, education, have con- curred to fix this belief in their minds ; and tliey will not refign their opinions, even in America, where fome of the highefi: civil offices are in the hands of Roman Catholics. It is therefore of infinite importance that thofe who dire6l the councils of a nation, Ihould be educated in that nation. Not that theyfhould reftrift their perfonal acquaintance to their own countrj', but their firfl ideas, attachments and habits fliould be acquired in the coun- try which they are to govern and defend; When a knowlege of their own country is obtained, and an at- tachment to its laws and interefts deeply fixed in their hearts, then young gentlemen may travel with infinite advantage and perfect fafety, I wifli not therefore to difcourage travelling, but, if poffible, to render it more ufeful to individuals and to the community. My mean- ing is, that men ihould travel, and not hoys. It is time for the Americans to change their ufual route, and travel thro a country which they never think of, or think beneeth their notice ; I mean the United States. While thefe States were a part of the BritiHi Empire, our intereft, our feelings, were thofe of Englifiimen j our dependence led us to refpedt and imitate their man- ners, and to look up to them for our opinions. We little thought of any national interefl: in America ; and while Our commerce and governments were in the hands of our parent country, and we had no common intereft, W'C little thought of improving our acquaintance with each other, or of removing prejudices, and reconciling the difcordant feelings of the inhabitants of different Provinces. But independence and union render it nec- eflary that the citizens of different States (hould know each others characters and circuinftances ; that all jeal- oufies fliould be removed ; that mutual refpecf and confidence lliould fucceed, and a harmony of views and interefts be cultivated by a friendly intercourfe. D2 ' A X 36 E D U C A T I O N. A tour thro the United States ought now to be con- fidered as a necelTary part of a hberal education. In- fiead of fending young gentlemen to Europe to view curiofities and learn vices and follies, let them fpend twelve or eighteen months in examining the local ntu- ation cf the different States; the rivers, the foil, the population, the improvements and commercial advan- tages of the whole ; with an attention to the fpirit and manners of the inhabitants, their laws, local cuRoms and inflitutions. Such a tour Ihould at kali precede a tour to Europe ; for nothing can be more ridiculous than a man travelling in a foreign country for informa- tion, when he can give no account of his own. When, therefore, young gentlemen have finifhed an academic education, let them travel thro America, and afterwards to Europe, if their time and fortunes Vv'ill permit. But if they cannot make a tour thro both, that in America is certainly to be preferred j for the people of America, vs'ith all their information, are yet extremely ignorant of the geography, policy and manners of their neigh- bouring States. Except a few gentlemen whofe public employments in the army and in Congrefs, have extend- ed their knowlege of America, the people in this coun- try, even of the higher claHcs, have not fo correct in- formation refne*5ling the United States, as tliey have re- fpefiing England or Erance. Such ignorance is not only difgraceful, but is materially prejudicial to our po- litical friendlhip and federal operations. Americans, unlhackle your niimls, and acSl like inde- pendent brings. You have been cliildren long enough, fabjecl to the control, and fubferxient to the intcrefl of a haughty parent. You have now an intcreft of jour own to augment and defend : You have an empire to raife and fupport by your exertions, and a national char- zilcr to cltabiifh and extend by your wifdom and vir- tues. To effect thcfe great objciSls, it is necellary to frame a liberal plan of policy, and build it on a broad fyfiem of education. Before this fvfiem can be formed : jid embraced, the Americans mufl: bdicve^ and a5i from the belief, that it is dilhonorable to walk life in mim- icking the follies of other nations and baH'Jng in the funfliinc cf foreign glory. [Tiic EDUCATION. 37 [The following (hould have been added, in a note, on page 5, after the fecond paragraph. In our colleges and univerfities, fludents read fome of the ancient Poets and Orators ; but the Hiftorians, ■which are perhaps more valuable, are generally negled- cd. The ftudent juft begins to read Latin and Greek to advantage, then quits the ftudy. Where is the fem- inary, in which the ftudents read Herodotus, Thucy- dides, Xenophon, Polybius, Dionyfius HalicarnafTeus, Livy, Velleius, Paterculus and Tacitus ? How fuper- ficial muft be that learning, which is acquired in four years ! Severe experience has taught me the errors and defefls of what is called a liberal education. I could not read the bed: Greek and Roman authors while in college, without negledling the eftablifhed claflical flud- ies ; and after I left college, I found time only to dip into books, that every fcholar fhould be mafter of; a circumftance that often fills me with the deepeft regret. *' Quis enim ignorat et eloquentiam et caeteras artes defcivifTe ab ifta vetere gloria, non inopia hominum, fed defidia juventutis, et negligentia parentum, et infcientia praecipientium, et oblivione morls antiqui ? — Nee in au(^loribus cognofcendis, nee in evolvenda antiquitate, nee in notitia velrerum, vel hominum, vel temporum fa- tis operae infumitur."^ — Tacitus^ de Orat. Dial. 28. 29. J No. II. f 38 1 No. II. KEVV YORK, 1788. PRINCIPLES of GOVERNMENT and COMMERCE. ALL mankind are, by nature, free, and have a right to enjoy Hfe, hberty and property. One perfon has no right to take from another his life, liealth, peace, or good name; to take away or lef- fen his freedom of thinking and a(5iing, or to injure his eftate in the fmalleft degree. A colledion of individuals forms a fodety j and eve- ry fociety muft have government^ to prevent one man from hurting another, and to punifh fuch as commit crimes. Every perfon's fafety requires that he ihould iubmit to be governed ; for if one man may do harm without fuffering punifhment, every man has the fame right, and no perfon can be fafe. It is neceflary therefore that there fliould be laws to control every man. Laws fliould be made by con- fent or concurrence of the greateft part of the fociety. The whole body of people in/ociety is the fuvereiga power or ftate ; which is called, the body politic. Eve- ry man forms a part of this ftate, and fo has a fliare in the fovereignty ; at the fame time, as an individual, he is a fubjedt of the ftate. When a fociety is large, the whole ftate cannot meet together for the purpofe of making laws ; the people therefore agree to appoint deputies, or reprefentativs, to adt for them. When thefe agents are chofen and met together, they reprefent the whole fta|p, and ad as the fovereign power. The people refign their own au - thority to their reprefentativs ; the ads of thefe depu- ties are in effedl the ads of the people ; and the people have no right to refufe obedience. It is as wrong to refufe obedience to the laws made by our reprejentalivs, as it would be to break lav/s made by GOVERNMENT and COMMERCE 39 by otirfelves. If a law is bad and produces general harm, the people may appoint new deputies to repeal it ; but while it is a law, it is the a£l and will of the fovereign power, and ought to be obeyed. The people in free governments, make their own laws by agents or reprefentativs, and appoint the execu- tiv officers. An executiv officer is armed with the au- thority of the whole flate arul cannot be refilled. He cannot do wrong, unlefs he goes beyond the bounds of the laws. An executiv officer can hardly be too arbitrary ; for if the laws are good, they fhould be ftridiy executed and religioufly obeyed : If they are bad, the people can alter or repeal them ; or if the offixer goes beyond his powers, he is accountable to thofe who appoint him. A negle*5t of good and wholefome laws is the bane of fociety. . Judges and all executiv officers fhould be made as much as poilible, independent of the will of the people at large. They fhould bechofenby the reprefentativs of the people and anfwerable to them only : For if they are eleraduallv emerged ir.to ancient freedom.. 46 B I L L S e/" R I G H T S. tativs to Parliament ; and from that time have been gradually a iTuming their proper degree of confequence in the Britifh Legiflaturc, In fuch a nation, every law or ftatute that defines the powers of the crown, and circumfcribes them within determinate limits, mull be confidercd as a barrier to guard popular liberty. Every acquifition of freedom mud be eftabli(hed as a right^ and folemnly recognized by the fupreme power of the na- tion ; left it (hould be again refumed by the crown under pretence of ancient prerogativ : For this reafon, the habeas corpus adt pafied in the reign of Charles 2d, the ftatute of the 2d of William and Mary, and many others which are declaratory of certain privileges, are juiily confidcred as the pillars of Englifh freedom. Thefe ftatutes are however not efteemcd becaufe they are unalterable ; for the fame power that enacted themj can at any moment repeal them ; but they are efteem- ed, becaufe they are barriers creeled by the Reprefenta- tivs of the nation, againft a power that exifts indepen- dent of their own choice. But the fame rcafons for fuch declaratory confticu- tions do not exift in America, where the fupreme power IS the people in their Reprcfentaths. The Bills of Rights^ prefixed to fevcral of the conftitutions of the 'United States, if confidered as afligning the reafons of our fep- aration from a foreign government, or as folemn dec- larations of right againft the encroachments of a for- eign jurifdi6tion, are perfedly rational, and were doubt- lefs neceftary. But if they are confidered as barriers againft the encroachments of our own Lcgiflaturcs, or as conftitutions unalterable by pofterity, I venture to pronounce them nugatory, and to the laft degree, abfurd. In our governments, there is no power of legifla- tion, independent of the people ; no power that has an intcrcft detached from that of the public ; confequently there is no power cxifting againft which it is neccffary to guard. While our Legiflatures therefore remain elevSliv, and the rulers have the fame intereft in the laws, as the fubje£ls have, the rights of the people will be perfedlv fecure without any declaration in their favor* But B I L L S c/ R I G H T S. 47' But this is not the principal point. I undertake to prove that a ftanding Bili of Rights is abjurd^ becaufe no conftitutions, in a free government, can be unalterable. The prefent generation have indeed a right to declare ■what they deem a privilege ; but they have no right to fay what the next generation fhall deem a privilege. A State is a fupreme corporate that never dies. Its powers, when it acts for itfelf, are at all times equally extenfiv ; and it has the fame right to repeal a law this year, as it had to make it the laft. If therefore our pof- terity are bound by our conftitutions, and can neither amend nor annul them, they are to all intents and pur- pofes our tlaves. But it will be enquired, have we then no right to fay, that trial by jury, the liberty of the prefe, the habeas cor- pus writ, and other invaluable privileges, Ihall never be infringed nor deflroyed ? By no means. We have the fame right to fay that lands fhall defcend in a particular mode to the heirs of the deceafed proprietor, and that fuch a mode fliall never be altered by future generations, as we- have to pafs a law that the trial by jury Ihall never be abridged. The right of Jury trial, which we deem invaluable, may in future ceafe to be a privilege ; or other modes of trial more fatisfaclory to the people, may be devifed. Such an event is neither impoffible nor improbable. Have we then a right to fay that our pofterity (hall not be judges of their own circumflanccs ? The very attempt to make /i^r/i^/^^/ conflitutions, is the aflumptionof a right to control the opinions of fu- ture generations ; and to legiflate for thofe over whon\ we have as little authority as we have over a nation in Afia. Nay we have as little right to fay that trial by jury Ihall be perpetual, as the Engliih, in the reign of Edward the Confeflbr, had, to bind their poflerity for- ever to decide caufes by fiery Ordeal, or fingle combat. There are perhaps many laws and regulations, whicii from their confonance to the eternaf rules of juftice, will always be good and conformable to the fenfe of a nation. But moil infiitutions in fociety, by reafon of an unccafing change of circumftanccs, either become altogether 48 B I L L S ^/ R I G H T S. altogether improper, or require amendment ; and every nation has at all times, the right of judging of its cir^ cumftances and determining on the propriety of chang- ing its laws. ihe Englifh writers talk much of the omnipotence of Parliament ; and yet they feem to entertain fome fcru- ples about their right to change particular parts oftheif conftitution. I queftion much whether Parliament would not hefitate to change, on any occafion, an article of Magna Charta. Mr. Pitt, a few years ago, attempt- ed to reform the mcdcof reprefentation in Parliament. Immediately an uproar was raire \\\^ freedom of election. Tlie right ot eleding rulers is the people's prerogativ ; and while this remains unabridged, it is a fufficient banier to guard all their other rights. This prerogativ fliould be kept facred ; and if the people ever luffer any abridg- ment of this privilege, it 'muit be their own folly and an irrecoverable lofs. Still further, I maintain that a people have no riglit to fay, that any civil or political regulation fliall be pcr- petualj becaufe they have no right to make laws for thofe who are not in exigence. Tiiis will be admitted ; but fhU the people contend tliat they have a right to pre- fcribe rules for their Legiflature, rules which fliall not be changed but by the people in a convention. But \vhat is a convention ? Why a body of men chofen by the people in the manner they choofe the members of the Legillature, and commonly compofed of the fame men \ but at any rate they are neither wifer nor better. The fenfe of the people is no better known in a con- vention, than in the Legiflature.* , But * The «0OT/>7«/clif[!ni5tion'of Coni'cnt'ion and Leg'Jlature was probably copied from the Englifli ; but tlie AmerTcan didinc- tion goes farther, it implies, in common acceptation, a differ- ence of poTver. This difference does not exift in G. Britain. The affembly of Lords and Commons wliich reftored Charles II, and that which raifcd the Prince of Orange to the throne, v.ere E2 52 GOVERNMENT. But admit the right of eftablifhing certain rules of principles which an ordinary Legiflature cannot changes, and what is the confequence ? it is this, a change of circumftances mitf fuperfede the propriety of fuch rules, or render alterations neceii'ary to the fafety or freedom of the State ; yet there is no power exifting, but in the people at large, to make the neceffary alterations. A convention then muft be called to tranfad a bufmefs, ■which an ordinary Legiflature can tranfail juft as well ; a convention differing from the Legiflature merely in name, and in a few formalities of their proceedings. But when people have enjoyed a tolerable fliare of hap- pinefs under a government, they will not readily ftep out of the common road of proceeding ; and evils infen- fibly increafe to an enormous degree, before the people can be perfuaded to a change. The refervation there- fore of certain powers may, by an imperceptible change of circumftances, prove highly pernicious to a State. For example : V/hen the Commons of England were firfi: admitted to a ihare in the legiflation of that king- dom, which was probably in the reign of Henry III, in 1265,* the reprefentation was tolerably equal. But the changes were called Con, and collecting inftrudions ; but I mean the opinions of tjie ivhole Jociety, formed on the informa- tion and debates of the whole fociety. Thefe opinions can be formed no where but in a Convention of the tvhole State, or of their Reprefcr.tativs. So far therefore are the people from having a power paramount to that of their Reprefentativs in Convention, that they can exercife no acft of fupremacy or legiflation at all, but in a Conven- tion of the whole State by Reprefentativs.* Unlefs tliereforc, ♦ "In a democrncythcrccanbenocxercifeoffoverci^^nty but by fuffrage : In En-land, where the people do not debate in 5 ■ coUectiye GOVERNMENT. 57 therefore, it can be proved that a Canveni'ioiiy fo called, which is compofed moftly of the fame men as a Legif- lature, poffelTes fome wifdom, power or qualifications, wiiich a Legidature does not and cannot^ then the diftinc- tion is ufeiefs and trifling. A Legiflature is fuppofed to confifi: of men whom the people judge bed qualified to fuperintend their interefts j a convention cannot be compofed of better men ; and in fact we find it gener- ally compofed 01 ihcfame ?nen. If therefore no a6l of fovereignty can be exercifed but in an Afiembly of Rep- re'entalivs, of what confequence is it, whether we call it a Convention or a Lcgifuiture f or why is not the Af- fembly of Reprefentativs of a people, at all times a Coii- vention^ as well as a LegiJIature ? To me it appears that a diflinclion is made without a difference ; but a dillinclion that will often prevent good meafures, perpetuate evils in government, and by creating a pretended power paramount to the Legifla- ture, tend to bring laws into contempt. POSTSCRIPT. This reafoning applies folely to the individual States, and not to the United States, before they were formed into a federal body. An im- portant dictinflion muft be obfervcd between the Con- Jiitutlon of a fovereign Statc^ and oi thirteen d'ljl'in^i fov ereigntics. In a fovereign State, whatever they may fugged to the contrary, the voices of a majority are binding upon the minority, even in framing the fird plan of government. In general, a majority of the votes of the Reprefentativs in Legiflature or Convention have been admitted as obligatory upon every member of the State, in forming and eftablifliing a Conflitution : But when the Conftitution has been fubmittcd to the peo- ple, as it is called, in town meetings or other fmall af- fem.blies, the afllent of every individual could not beex- prefsly obtained ; and the difl'ent of any number, lefs than half the freemen prefent, who m.ight not be one half the whole number in the State, could not prevent the colleclive body, but by reprefentaticn, the exercife of t!ris fov- ereignty confifts in the. choice of licprefentati^jcs." Blackjlonc' sCum, h. I. ck. 2. 'I his is the fole power of the people in America, 58 GOVERNMENT. the eflabllfhment of the government, nor invalidate the obligation of evi;ry ?nan to fubmit peaceably to its opera- tion. The members of a ftate or community, cannot from tteceJTtty, be confidered as parties to a contract, where the alTent of every man is neceflary to bind him to a performance of the engagement. But the feveral States, enter into a negociation like contrary parties ; they agree that the aflent of every individual State, (hall be requifite to bind that State ; and the frame of gov- ernment, fo agreed upon, is confidered as a compact between independent fovereignties, which derives its binding force from the mutual and unanimous confent of the parties, and not merely from a necelTity that the major part of the people (hould compel the reft to fub- mifilon. But in this very compact, the States have refigned their independent fovereignty, and become a fingle body or ftate, as to certain purpofes ; for they have folemnly contracted with each other, that three fourths ofxhtxx number may alter and amend the firft compa6t. They are therefore no longer feparate individuals and con- tracfling parties ; but they form a fingle State or body politic ; and a majority ot three fourths can exert every aft of fovereignty, except in two or three particulars, cxprefsly referved in the compadl. No. V. [ 59 ] ^^^^^^^^ No. V. • ^~^^ NEW YORK, 1788. On G O V E R N M E N T. THE ccnftitution of Virginia, like that of Connec- ticut, ftands on the true principles of a Republi- can Reprefentativ Government. It is not ftiackled with a Bill of Rights, and every part of it, is at any time, alterable by an ordinary Legiflature. When I fay every part of the conftitution is alterable, I would except the right of elcv^ions, for the Reprefentativs have not power to prolong the period of their own delegation. This is not numbered amono; the rights of legiilation, and deferves a feparate coniideration. This right is not vefted in the Legiflature ; it is in tlie people at large j it cannot be alienated without changing the form of government. Nay the right of election is not only the bajis^ but the wZ^o/^yrtf^/z^forefTenceof a republican con- flitution ; it is not merely oney but it is the- only itgif- lativ or conftitutional aift, which the people at large can with propriety exercife. The fimple principle for which I contend is this, *' That in a repreiVntativ democracj^, the delegates chofen for Legiflators ought, at all times, to be compe- tent to every polFible acl of legiflation under that for 7n of government ; but not to change that for my Befides it is contrary to all our ideas of deputation or agency for others^ that the perfon afting fhould have the power of extending the period of agency beyond the time fpeci- lied in his commiffion. The Reprefentativ of a peo- ple is, as to his powers, in the fituation of an Attorney, ■vvhofe letters commiffion him to do every thing which liis conftituent would do, where he on the fpot ; but for a limited time only. At the expiration of that time his powers ceafe ; and a Reprefentativ has no more right to extend that period, than a plenipotentiary has to renew his commiffion. The Britiih Parliament, by prolonging to GOVERNMENT. prolonging the period of their exiftence from one to three, and from three to feven years, committed an un- juft act ; an adt however which has been confirmed by the acquiefcence of the nation, and thus received the higheft conftitutional fancStion. I am fenfible that the Americans are much concerned for the hberties of the Britilh nation ; and the a6l for making Parliaments feptennial is often mentioned as an arbitrary, oppreffiv aft, deftrucfiv^ of Englifh hberty.* The Englilh are doubtlefs obliged to us for our tender concern for their happinefs ; yet for myfelf I entertain no fuch ideas : The Engiifh have generally underftood and advocated their rights as well as any nation, and I am confident that the nation enjoys as much happinefs and freedom, and much more tranquillity, under feptennial Parliaments, than they would with annual eledions. Corruption to obtain offices will ever attend wealth ; it is generat- ed with it, grows up with it, and will always fill a country with violent factions and illegal practices. Such are the habits of the people, that money will have a principal influence in carrying elections ; and fuchvaft fums are necefiary for thepurpofe, thatlf eleiStions were annual, none but a few of the v;ealthiert men could de- fray the expenfe ; the landholders of moderate eftates would not offer themfelves as candidates j and thus in fact annual eledions, with the prefent habits of the people, would actually diminifn the influence of the Commons, by throwing the advantage into the hands of a corrupt miniftry, and a few overgrovm nabobs. Ecfore annual eledions would be a bleflino; to the Ens:- lifh, their habits muft be changed ; but this cannot be effedted by human force. I wilh my countrymen would believe that other nations undcrltand and can guard their privileges, without any lamentable outcries from this fide of the Atlantic. Government will always take its complexion from the habits of the people ; habits are continually changing from age to age ; a body' of Legillators taken from the people, will generally repre- fent • The feptennial a6t was judged tlie only guard againft a Popiflueign, and therefore highly popular. GOVERNMENT, 6j fent thefe habits at the time when they are chofen : Hence thefe two innportant conclulions, ift, That a leg- iflativ body fliould be frequently renewed and always taken from the people : 2d, That a government which Is perpetual, or incapable of being accommodated to every change of national habits, muft in time become a bad government. With this view of the fubjei)-, I cannot fupprefs my furprife at the reafoning of Mr. jefFerfon on this very point.* He confiders it as a defeft in the conftitution of Virginia, that it can be altered ly an ordmarj Legijla- inre. He obferves that the Convention which framed the prefent conftitution of that State, " received no powers in their creation which were not given to every Legillature before and fmce. So far and no fartlier au- thorifed, they organized the government by the ordi- nance entitled a Conftitution or form of government. It pretends to no higher authority than the other ordi- nances of the fame felilon j it does not fay, that it fhall be perpetual ; that it fhall be unalterable by other Leg- illatures ; that it fhall be tranfcendant above the powers of thofe, who they knew would have equal powers with themfelves." But fuppofe the framers of this ordinance had faid, that it fnould be perpetual and unalterahh ; fuch a dec- laration would have been void. Nay, altho the people the^mfelves had individually and unanimoufly declared the ordinance perpetual, the declaration would have been invalid. One Afiembly cannot pafs an ad:, bind- ing upon a fubfequent Afiembly of equal authority \\ and the people in 1776, had no authority, and confe- quently could delegate none, to pafs a fnigle a6l which the people in 1777, could not repeal and annul. And Mr. JefFerfon himfelf, in the very next fentence, afUgns a reafon, which is an unanfwerable argument in favor of my pofition, and a complete refutation of his own. Thefe are his words. '• Not only the filence of the in- ftrument is a proof they thought it would be alterable, but * Notes on Virginia, page 197. Lend. Edit. Query 13. 'Contracts, where a Legiflature is a party, are excepted. 62 On GOVERNMENT. but their own pradl^ice al fo : For this very Convention, meeting as a Houfe of Delegates in General AHembly with the new Senate in the autumn of that year, paffed adls of Affembly in contradiction to their ordinance of government ; and every AJJembly frotn that time to th'is^ has done the Jam e." Did Mr. Jefferfon reflefl upon the inference that would be juftly drawn from thefe fadts ? Did he not confider that he was furnirtiing his opponents with the moll effectual weapons againft himfelf ? The acis pafled by every fuhfequent JJjemb'iy in contradiSlion to the firji or- dinance, prove that all the Affemblies '^zxo. fallible men ; and confequently not competent to mdkt perpetual Con- Jiitutions for future generations. To give Mr. Jeffer- fon, and the other advocates for unchangeable Conjlitu- tions, tlie fulieft latitude in their argument, I will fup- pofe every freeman of Virginia, could have been alTem- bled to deliberate upon a form of government, and that tiie prefent form, or even one more perfeft, had beea the refult of their Councils ; and that they had declar- ed it unalterable. What would have been the confe- quence ? Experience would probably have difcovcred, what is the {z6i ; and what forever will be the cafe ; that Ccnventions arc not poflefTed of infinite wifdorn ; that the wifcft men cannot devife a perfect fyflem of govern- ment. After all this folemn national tranfadtion, and a formal declaration that their proceedings fhould be unalterable, fuppofe a Ungle article of the Conftitu- tion fhould be found to interfere with fome national bcn» eiit, fome material advantage ; where would be the power to change or reform that article ? In the fame general AfTembly of all the people, and in no other bodv. . But muft a State be put to this inconvenience, to fini ' a remedy for every defeiSl of conflitution ? Suppofe, however, the Convention had been empowered to declare the form of government unalterable : Wh.at would have bejii the confequence ? Mr. Jefferfon him- felf has related the confequence. Every fucceeding Af- fembly has found errors or defcfls in that frame of gov- ernment, and has happily applied a remedy. But had not GOVERNMENT. 65 not every Legiflature had power to make thefe altera- tions, Virginia muft have gone thro the farce, and the trouble of calling an extraordinary Legillature, to do that which an ordinary Legillature could do juft as well, in their annual feflion ; or thofe errors mult have remain- ed in the conftitution, to the injury of the State. The whole argument for Bills of Rights and unalter- able Conrtitutions refts on two fuppofit^ons, viz. that the Convention which frames the government, is in- fallible ; and that future Legiflatures will be lefs boncji^ lefs tuife^ and le/s attentiv to the inter ejl of the State^ than a prefent Convention : The iirft fuppofition is always falfe^ and the laft is generally fo. A declaration of per- petuity, annexed to a form of government, implies a fuppofition oi perfedl tu ij do m and probity in the framers ; which is both arrogant and impudent ; and it implies a fuppofed power in them, to abridge the power of a fuc- eeeding Convention, and of the future ftate or body of people. The lall fuppofition is, in every poffible inftance of legiflation,/^^^ ; and an attempt to exercife fuch a power, a high handed aft of tyranny. But fet- ting afide the argument, grounded on a want of power in one Aflembly to abridge the powerof another, what occaiion have we to be fo jealous of future Legiilatures ? Why fiiould we be fo anxious to guard the future rights of a nation ? Why fliould we not diftruft the peo- ple and the Reprefentativs of the prefent age, as well as thofe of future ages, in whofe a6ls we have not the fmall- eft intereft ? For m.y part, I believe that the peeple and their Reprefentativs, two or three centuries hence, will be as honefl:, as wife, as faithful to themfelves, and will underftand their rights as well, and be as able to defend them, as the people are at this -period. I'he contrary fuppofition is abfurd. I know it is faid, that other nations have loft their liberties by the ambitious defigns of their rulers, and we may do the fame. The experience of other nations, furnilhes the ground of all the arguments ufed in favor of an unalterable coniiitution. The advocates feemi determined that pofterity ihall not lofe their liberty, even 64 G O V E R N i\I E N T. even if they fhould be willing and dcfirous to furrdndCf it. If a few declarations on parchment, will fccure a fingle blefling to pofterity, wliich they would otherwife lofe, I refign the argument, and will receive a thoufand declarations. Yet fo thoroughly convinced am 1 of the oppofite tendency and effect of fuch unalterable dec- larations, that, were it polfible to render them valid, I fhould deem every article an infringement of civil and political liberty. 1 fhould confider every article as a reftri6lion which might impofe fome duty which in time might ceafe to be uieful and neceffary, while the obli- gation of performing it might remain j or which in its operation might prove pernicious, by producing effefts which were not expeded, and could not be forefeen. There is no one fingle right, no privilege, which is com- monly deemed fundamental, which may not, by an un- alterable eftablifiiment, preclude fome amendment, fo.Tie improvement in future adminilfration of govern- ment. And unlefs the advocates for unalterable con- ftitutions of government, can prevent all changes in the wants, the inclinations, the habits, and the circum- ftances of people, they will find it difficult, even with all their declarations of unalterable rights, to prevent changes in government. A paper declaration is a very feeble barrier againft the force of national habits, and inclinations. The lofs of libert}', as it is called, in the kingdoms of Europe, has, in feveral inftances, been a mere change of government, effe^Tted by a change of habits, and in fome inftances this change has been favorable to liberty. The government of Denmark, was changed from a mixed form, like that of England, to an abfolute mon- archy, by a folemn deliberate aft of the people or States. Was this a lofs of liberty ? So far from it, that the change removed the opprellions of fadlion, reftored lib- erty to the fubjeil andtrannuiility to the kingdom. The change was a blelhng to the people. It indeed lodged a power in the Prince to difpofe of life and property ; but at the fame time it lodged in him a power to defend L-jib J a pov/er which before was loilged nowhere j and it GOVERNMENT. 65 It is infinitely better that fuch a power Hiould be vefted in ^finglc hand^ than that it fhould not exi/i at all. l^he monarchy of France has grown out of a number of pet- ty ftates and lordlhips ; yet it is a fa6l, proved by hiftory and experience, that the fubjefts of that kingdom have acquired hberty, peace and happinefs, in proportion to the diminution of the powers of the petty fovereignties, and the extenfion of the prerogativs of the Monarch. It is faid that Spain loft her liberties under the reign of Charles Vth ; but I queftion the truth of the aflertion ; it is probable that the fubjedl has gained as much by an abridgement of the powers of the nobility, as he loft by an annihilation of the Cortez. The United Nether- lands fought with more bravery and perfeverance to preferve their rights, than any other people fince the days of Leonidas ; and yet no fooner eftablKhed a gov- ernment, fo jealoufly guarded as to defeat its own defigns, and prevent the good eftedis of government, than they negledted its principles ; the freemen refigned the privilege of ele£lion, and committed their liberties to a rich ariftocracy. There was no compulfion, no external force in producing this revolution ; but the form of government, which had been eftablifhed on paper, and folemnly ratified, was not fuited to the geni- us of the fubjec^s. The burghers had the right of electing their rulers ; but they negleded it voluntarily j and a bill of rights^ a perpetual conjlitution on parchment, guaranteeing that right, was a ufelefs form of words, be- caufe oppofed to the temper of the people. The gov- ernment alTumed a complexion, more correfpondent to their habits, and tho in theory no conftitution is more cautioufly guarded againft an infringement of popular privileges, yet in practice it is a real ariftocracy. The progrefs of government in England has been the reverfe : The people have been gaining freedom by in- trenching upon the powers of the nobles and the royal prerogativs. Thefe changes in government do not pro- ceed from h'tlh of rights^ unalterable forms and perpetual ejlabli/hments j liberty is never fecured by fuch paper declarations, nor loft for want o^ them. The truth is, F Government 66 GOVERNMENT. Government originates in necefTity, and takes its form and ftruclure from the genius and habits of the people ; and if on paper a form is not accommodated to thofe habits, it will affume a new form^ in fpite of all the formal famflions of the fupreme authority of a State. Were the monarchy of France to be difTolved, and the wifeft fyftem of republican government ever invented, folemnly declared, by the King and his council, to be the conftitution of the kingdom ; the people with their prefent habits, would rcfufe to receive it j and refign their privileges to their beloved fovereign. But fo op- pofite are the habits of the Americans, that an attempt to erect a monarchy or an ariftocracy over the United States, would expofe the authors to the lofs of their heads.* The truth is, the people of Europe, fince they have become civilized, have, in no kingdom, poflefled all the true principles of liberty. They could not there- fore lofe what they never poflefled. There have been, from time immemorial, fome rights of government, fome prerogativs vefted in fome man or body of men, independent of the fuffrages of the body of the fubjedls. This circumftance diflinguilhcs the governments of Europe and of all the world, from thofe of America, There has been in the free nations of Europe an incef- fant ftruggle between freedom or national rights, and hereditary prerogativs. The conteft has ended variouf- ]y in different kingdoms ; but generally in depreffing the power of the nobility ; afcertaining and Jimiting the prerogativs of the crown, and extending the privi- leges of the people. The Americans have htn the re- cords of their flruggles ; and without confidering that the objects of the conteft do not exiji in this country ; they are laboring to guard rights which there is no party to attack. 7'hey are as jealous of their rights, as if there exifted here a King's prerogativs,or the powers of nobles, independent of their own will and choice, and ever eager to * Some jealous people ignorantly call the propofcd Confti- tvition of Federal Government, an drijlocracy. If fuchmen are honed, their honefty deferves pity : There is not a feature of true ariftocracy in the Conftitution ; the whole frame of Gov- ernment is a pure Rcprcfeatativ Republic. GOVERNMENT. C; \o fwallow up their liberties. But there is fio man in America, who claims any rights but what are common to every man ; there is no man who has an intereft in invading popular privileges, becaufe his attempt to cur^ tail another's rights, would expofe his own to the famd abridgement. The jealoufy of people in this country has no proper objedl againft which it can rationally arm them ; it is therefore direfted againjl themfelvesy or againft an invafion which they imagine may happen in future ages, llie conteft for perpetual bills of rights againft a future tyranny, refembles Don Quixote's fight- ing windmills ; and 1 never can refle£l on the decla- mation about an unalterable conjiitution to guard certaiii rights, without wiftiing to add another article, as necef- fary as thofe that are generally mentioned, viz. " that no future Convention or Legiflature fliall cut their own throats, or thofe of their conftituents." While the habits of the Americans remain as they are, the people will choofe their Legiflature from their own body j that Legiflature will have an intereft infeparable from that of the people, and therefore an a<5l to reftrain their pow- er in any article of legiflation, is as unneceflary as an a^ to prevent them from committing fuicide. Mr. JefFerfon, in anfwer to thofe who maintain that the form of government in Virginia is unalterable, be- caufe it is called a conjiitution^ which, ex vi termini, means an z^ above the power of the ordinary Legifla- ture, aflerts that conjiitution^ Jiatute^ law and ordinance^ nre fynonymous terms, and convertible as they are ufed by writers on government. Conftitutio dicitur jus quod a.principe conditur. Conftitutum, quod ab im- peratoribusrefcriptum ftatutumveeft. Statutum, idem quod lex.* Here the words conjlitution^jiatute and laxv^ are defined by each other j they were ufed as convert- ible terms by all former writers, whether Roman or Britilh ; and before the terms of the civil law were in- troduced, our Saxon anceftors ufed the correfpondent Englifli words, bid and/'/.f From hgnce he concludes that * Calvini Lexicon Juridicum. •\ See Laws of the Saxon Kings. F 2 6S G O V E R N M E N T. that no inference can be drawn from the meaning of the word, that a con/iitution has a higher authority than a Jaw or ftatute. This concluiion of Mr. JefFerfon is jufl. He quotes Lord Coke alfo to prove that any parlia- ment can abridge, fufpend or qualify the aiis of a pre- ceding Parliament. It is a maxim in their laws, that *' Leges pofteriores priores contrarias abrogant." After having fully proved that conjiitution^jiatute^ law znA or- dinance^ are words of fidilar import, and that the con- (litutioti of Virginia is at any time alterable by the or- dinary Lcgifiatufe, he proceeds to prove the danger to which the rights of the people are expofed, for want of zn unalterable form of government. V]\Q firft proof of this danger he mentions, is, the power which the Af- fembly exercifes of determining its own quorum. The -Britirti Parliament fixes its own quprum : The former Aflemblies of Virginia did the fanie. During the war the Legiflature determined that forty members fhould be a quorum to proceed tobufinefs, altho not a fourth part of the whole houfe. The danger of delay, it was judged, would warrant the meafure. Tliis precedent, our writer fuppofes, is fubverftveof the principles of the government, and dangerous to liberty. It is a di6iate of natural law that a majority pmiU gov -^ em ; and the princi))le is univerfaliy received and ef- tablifhed in all focreties, where no other mode has been arbitrarily fixed. This natural right cannot be alienat- ed in pcrpetifum \ for altho a Legiflature, or even the body of the people, may refign the powers of govern- ment to forty, or to four men^ when they pleafe, yet they may likewife rcfumc them at pleafure. 'Lhe people may, if they plcafc, create a dictator on an emergency in war, but his creavion would not dcfroy, biit merely fufpcml ih^hether the people of any diftridl, county or town, in their local meet- ings, are competent to judge of this gejieral good ? A law, which is, in its operation general, muft be founded on the beft general information : The people themfelves have no right to confent to a lav/, without this general information : They have no right to confent to a law, on a view of a local intereft ; nor without hearing the objedions and arguments, and examining the amend- ments, fuggefted by every part of the community, which is to be affeded by that law. To maintain the con- trary * It is a capital defeiSl in fome of the States, that the gov- ernment is fo organized as not to admit fubordinate adls of legiflation in Jmall dillricts. In thefe States, every little col- lection of people in a village muft petition the Legiflature for liberty to lay out a highway or build a bridge ; an aft'air in which tlie State at large has very little intereft, and of the necef- firy and utility of which the Legiflature are not fuitable judges. This occaficns much trouble for the State j it is a needlefs ex- penfe. A State ftiould be divided into inferior corporations, veiled v/ith powers competent to all afts of local police. What right have the inhabitants of Suftblk to interfere in the build- ingof a bridge in Montgomeryf ? Who are the molt competent judges of a local convenience ; the whole State, or the inhabi* tants of the particular diftri£t ? \ This w?s written in New York. 74 GOVERNMENT. trary Is to defend the moft glaring contradictions. But can the inhabitants, in detaclied aflbciations,be acquaint- ed with thefe objections and arguments ? Can they know the minds of their brethren at the diftance of three or five hundred miles ? If they cannot, they do not pof- fefs the right of legiflation. Little will it avail to fay, that the people acquire the neceflary information by newfpa- pers, or other periodical publications : There are not more than two States in the thirteen, where one half the freemen read the public papers. But if every free- man read the papers, this would not give him the in- formation neceflary to qualify him for a Legiflator ; for but a fmall part of the intelligence they contam is official, "which alone can be the ground of law ; nor can the coUectiv fenfe of a nation or ftate be gathered from nev;f. papers. The whole body of people, or Reprefenta- tivs of the whole body, are the only vehicles of informa- tion which can be trufted, in forming a judgement of the true intereft of the whole State. If the colle£liv fenfe of a State is thebafis of law, and that fenfe can be known officially no where but in an Affembly of all the people or of their Reprefentativs ; or in other words, if theie can be no fuch thing as a coL leSlion offentiments made in any other manner, than by a Convention of the whole people or their Delegates, ■where is the right of injlru^ing Reprefentativs r' The fenfe of the people, taken in fmall meetings, without a general knowlege of the objeftions, and reafonings of the whole State, ought nqt to be confidered as the true fenfe of the State ; for not being poflefled of the belt general information, the people often form wrong opin- ions of their own intereft. Had I the journals of the fev- eral Legiflatures in America, I would prove to every man's fatisfaiflion, that moft of the fchenies for paper money, tender laws, fufpenfion of laws for the recovery of debts, and moft of the deftru£tiv meafures which have been purfued by the States, have originated in towns and counties, and been carried by pofitiv inftru^^ions from Cpnftituents to Reprefentativs. The freemen, in thefe cafes, have wrong ideas of their own intereft j their er- ror, GOVERNMENT. 75 ror, in the firft inftance, is afcribeable merely to ignor- ance, or a want of that juft information, which they themfelves would obtain in a General Aflembly.* The right therefore of prefcribing rules to govern the votes ofReprefentativs, which is fo often aflumed, frequently amounts to a right of doing infinite mifchief, with the beft intentions. There is perhaps no cafe in which the people at large are fo capable of knowing and purfuing their own intereft, as their Delegates are when aflembled for confultation and debate. But the pradice of giv- ing binding inftruitions to Reprefentativs, if it has any foundation, is built on this maxim, that the conftitu- ents, on a view of their local interefts, and either with none, or very imperfedt information, are better judges of the propriety of a law, and of the general good, than the moft judicious men are (for fuch generally are the Reprefentativs) after attending to the beft official in- formation from every quarter, and after a full difcuflion of the lubjedl in an Affembiy, where clafhing interefts confpire to deteft error, and fuggeft improvements. This maxim is obvioufty falfe ; and a pradice built on it, cannot fail to produce laws, inaccurate, contradiito- ry, capricious and fubverfive of the firft rights of men. Perhaps no country, except America, ever experienced the fatal effedls of this pradice, and I blufh to remark, what candor itfelf muft avow, that few arbitrary gov- ernments, have in fo fhort a period, exhibited fo many legal infrafiiQm of facred right ; fo many public invafions of private property ; fo many wanton abules of legifla- tiv powers ! Yet the people are generally honeft ; and as well informed as the people of any country. Their errors proceed from ignorance ; from falfe maxims of governments. The people attempt to legillate without the neceffary qualifications for lawgivers ; yes, they leg- ijlate at home ! and while this pradtice fubfifts, our pub- lic meafures will be often weak, imperfe.5t, and change- able J and fometimes extremely iniquitous. From thefe confiderations, _ * An error, originating in miftake, is often purfuedthro ob- ftinacy and pride ; and fometimes a familiarity with faljebood^ piakf s it appear like truth. r6 GOVERNMENT. confiderations, it appears that the powers of aReprefent- ativ Ihould be wholly difcretionary when he zfh as ^ Legiflator ; but as an agent for a town or fmall fociety, he may have pofitiv inftructions. His courtituents, in the lait cafe, are competent to inftruft him, becaufe they are the whole body concerned ; but in the hrft inftance, they are but a part of the State, and not competent tQ judge fully of the intereft of the whole. I'o place the matter in the flror.gert point of light, let us.fuppofe a fmall State, in which the whole body of people meet for the purpofe of making laws. Suppofe in this democracy, the people of a town or other dif- trift fhculd defire a particular aft, for inftance, a tender law. Would the inhabitants of this town, have a right to- meet a few weeks before the General Affembly, where they all would expect to be prefent, to debate and vote ; and in this town meeting take an oath, or otherwife bind thcitifelves to vote for the ail: ? V.^ould they have a right to fliut their ears againft argument ; to lay a ref- traint upon their own minds ; to exclude the poffibility ofconviftion, and folemnly fwear to vote in a certain manner, whether right or wrong ! If in this cafe, the people of a dilhicl: have no right to lay a reliraint upon themfelves before they enter the General Afl'embJy, neither have they a right, in reprefentativ democracies, to lay fuoh a reftraint upon their Delegates. The very reafon why they are incompetent to direct their Depu^ tieSf is that they cannot determine how to a£l lhe?n- felveSy till they come into the AllembJy. 1 he very doftrine of reprefentation in government excludes the right of giving binding inftruftions to Deputies. ^Tha ciefign of chooling Reprefentativs is to coi/cit the tvif- dom of the State ; the Deputies are to unite their Coun- cils ; to meet and conjidt for the public fafety : But pof- itiv inftruclions prevent this effeft ; they are dictate^ by local interefts, or opinions formed on an imperfect view of facts and arguments ; in ihort they totally counteradt the good effects of public deliberations, and prevent thofe falutary meafures which may refult from united Councils. They make the opinions of a fmaU part GOVERNMENT. 77 part of the State a rule for the whole ; they imply a de- cif:on of a queftion, before it is heard j they reduce a Reprefentativ to a mere machine, by retraining the ex- ercife of liis reafon ; they fubvert the very principles of republican government. i^ut let us attend to theinconfiftency of thepra(3^ice. The oath required of a Reprefentativ, before he takes his feat, binds him to vote or aS: from a regard to the public good, according to his judgement and the be/} of his obiiities. Some of the Conftitutions contain an oath that binds a Reprefentativ, not to ojjent to^ or vote for^ any. a^ that he jh all deem injurious to the people. But what opinion, what judgement can a man exercife, v.ho is under the reftraint of pofitiv inftrudlions ? Suppofe a man fo inftruf^ed fliould in confcience believe that a bill, if enacted, would be prejudicial to his confrituents, yet his orders bind him to vote for it ; how would he ar^J?/- cable mode of eledion. To render the mode perfe6^, the whole body of freemen fhould be at liberty to choofe their Delegates from the whole body. This would def- troy, in a great meafure, the local views and attach- ments which now embarrafs government j every Rep- refentativ would be chofen by the whole body ; and the intereft of the whole number of conftituents would be his obje(5l. This mode Is either impraflicable or hazardous ; notwithftanding this, when a Delegate is eleded by a part of the State, he is really the Reprefentativ of the whole^ as much as if he w^re eleSied by the whole. The conftituents of every Reprefentativ are not folely thofe who voted for him, but the whole State, and the man that a61s from a local intereft, and attends merely to the wiflies of thofe men who eledled him, violates his oath, and abufes his truft. Hence the abfurdity of inftruc- tions, which are generally didlated by a partial intereft, and can perhaps in no cafe be the foleruleof aLegifla- tor's condutSl. When therefore a Reprefentativ fays, fuch is the wijh of my conflituents ; Juch are their direSlions ; his declaration is but partially true ; for his inftrudions are the wifhes of a part only of his conftituents. His conftituents, whom he adually reprefents, and whofe greateft intereft is the fole rule of his condudl, are the whole body offreemtn. This is an important truth, and I muft repeat it ; the man who is deputed to make laws for a State, and fuffers a local intereft to influence his conduct, abufes a facred truft ; and the Reprefentativ who obeys his inftruflions, in oppofition to the convic- tion of his own mind, arifing from a general view of public good, ii guilty ofafpecies of perjury. Such So GOVERNMENT. Such are the opinions,whicl« after long deliberation, I have formed refpeilino; the principles of a republican gov- ernment. I feel a diffidence in pubiifhing fentiments fo repugnant to the principles received by my countrymen^ and recognized by fome of the State Conftitutions. But a ftrong perfuafion of the truth of thefe opinions, ac- quired by reafoning, and confirmed by feveral years ob- fervations, forbids me to fupprefs them. A fummary of the truths, deduced from the forego- ing reafoning, is this : That the power of a State is at all times equal ; that neither the people themfelves, nor a Convention of their Delegates, have either the power or the right to make an unalterable Conftitution j that the power of creating a legiflativ body, or the fovereign right of eledion, is folely in the people ; but the fove- reign power of making laws is folely in an Aflembly of their Reprefentativs ; that the people have no right to give binding inftruflions to their Reprefentativs ; con- fequently a diftiiKflion between a Convention and a Leg" ijlature, can be merely a difference oi forms ; that Rep- refentativs have no right to prolong the period of their delegation ; that being taken from the mafs of the peo- ple, and having a common intereftwith them, they will be influenced, even by private intereft, to promote the public good ; and that fuch a government, which is a novelty on earth, is perhaps the beft that can be fram- ed, and the only form which will always have for its ob- jeft, the general good. No. VII. ~" No. VII. ~^ PHILADELPHIA, 1787. REMARKS onthe MANNERS, GOV- ERNMENTj^?i^DEBT o/M^ United States. SINCE the declaration and eftablifliment of a gen- eral peace, and fince this country has had an oppor- tunity to experience the effe;5ls of her independence, events have taken place, which were httle expedted by the friends of the revolution. It was expeded, that on the ratification of peace, by the belligerent powers, America would enjoy perfect political tranquillity. The ftatefman in his clofet, ind the divine in his addrefles to heaven, predi(^Ved and anticipated the happy periodj when every man would reft, unmolefted, under his own vine and his own fig tree. The merchant fore- faw, in vifion, the ports of all nations open to his fliips» and the returns of a favorable commerce pouring wealth into his coffers. The honeft laborer, in the (hop and the field, was told that independence and peace would forever remove the fears of oppreflion, would lighten his burthen, and give him legal fecurity for the uninterrupted pofieflion of his rights. This flattering profpedl infpired an irrefiftible enthufiafm in war. The contention for freedom was long and ar- duous ; the prize was obtained ; the delufion vaniihed, and America is furprized at the difappointment. Inftead of general tranquillity, one State has been in- volved in a ci»vil war, and moft of them are torn with fay the luxuries of the wealthy ; and even thefe few are moftly foreigners. But we have no body of manufacturers to fupport by didipation. All our fuperfluities are imported, and the confumption of them in this country enriches the merchants and fupports the poor of Europe. We are generous indeed ! generous to a fault. This is the pernicious, the fatal efFect of our dependence on foreign nations for our manners. We labor day and night, "we facrifice our peace and reputation, we defraud our public creditors, involve ourfelves in debts, impoverish our country : Nay, many are willing to become bank- rupts and take lodgings in a prifon, for the fake of being as foolifh as thofe nations which fubfift their poor and grow rich and refpeftable by their follies. No objection can be made to rich and elegant drefles among people of affluent circumflances. But perhaps we may fafely calculate that one third of the expenfes incurred by drefs in this country, add nothing either to convenience or elegance. A new drefs is invented in London or Paris, not for the fake of fuperior elegance, becaufe it frequently hap- pens that a new drefs is kfs rich and elegant than an old one ; but for the fake of giving food to manufac- turers. That new fafhion is fent acrofs the Atlantic ; let it be ever fo troublefome and uncouth, wc admire its novelty ; we adopt it becaufe it is fafliionable ; and mcrciv 0/theVNlTED STATES. S9 jnerely for a change, that may be made in half an hour by a tailor or a milliner, 20, 30, or 50,000 pounds are drawn from the capital ftocks of property in America, to enrich nations which command our commerce and fmile at our folly. But it is not only the wealth of this country that is facrificed by our fervile imitation of other nations ; our complaifance often requires us to difpenfe with good lafte. It will probably be admitted that amidil the infinite variety of dreffes which are fafliionable, during a courfe often or fifteen years, fome of them muft be more convenient and elegant than others. True taflc in drefs confifts in fetting off the perfon to the bell ad- vantage. That drefs which unites the articles of con- venience, fimplicity and neatnefs, in the greateft per- fection, muft be confidered as the mofc elegant. But true tafte goes farther ; it has reference to age, to ftiape, to complexion, and to the feafon of the year. The fame drefs which adorns a mifs of fifteen, v.'ill be frightful on a venerable lady of feventy. The fame drefs will embellifh one lady and disfigure another. But the paflive difpofition of Americans in receiving every mode that is offered them, fometimes reduces all ages, ihapes and complexions to a level. I will not undertake to fay that people ought not, in the article of drefs, to facrifice tafte to national interefi:. A facrifice of that kind, in a manufafturing country, may be laudable ; it will at leaft be pardonable. But in a reverfc of fituation, in America, where a wafte of property and a group of political evils accompany a bad tafte, thefacrifice admits of no apology. It is not unfrequent to hear ladies complain feverely of the inconvenience of fafhion. .Their good fenfe disap- proves and their tafte revolts at incumbrances. And yet where is the lady who woul^ not fooner fubmit to any fatigue, rather than be ridiculous. I fpeak of la- dies particularly j in point of expenfe, the gentlemens' dreffes are exceptionable as well as the ladies ; in point of convenience, the ladies are the greateft fufferers by faftiion. ^ 96 REMARKS on the MANNERS, ^c. fafhion, as their drefs admits of the greateft variety of incumbrances. Perhaps the trouble of conforming entirely to the fafliions of Europe is as great a tax upon the ladies, as the expenle is to their hulbands and parents. One fociety of people, the Friends, are happily re- leafcd from the tyranny and inconveniencies of talhion. However difagreeable the reftraints of their religion i$ may appear in othfr refpects, it muft be acknowledged that, in point of drefs, the rules of their fociety con- form to purity of tafte. Perhaps we may fafely eftimate, that the ladies of that fociety drefs with two thirds of the expenfe which other ladies incur, even when the articles of tlieir drefs are equally rich and expenfiv j the difference is faved by neglecling fuperfluous iinery. And are not their tarte in drefs, their fimplicity and neatnefs, univerfally ad- mired ? Does jt not fet otf their perfons to the bell ad- vantage ? Do not gentlemen almoft univerfally give the preference to the tafte of Quaker ladies ? Nay, I yvould afk, whether other ladies themfelves, under a ftrong bias in favor of a tawdry drefs, are not fre- <}uently lavishing encomiums on the fuperior elegance and convenience of the Friends' drefies ? And how of- ten do they figh beneath the trouble of their own drefs, and wifh that particular articles would §o out of falh-i' ion. If there is any thing on earth, which can make a ra- tional mind difgufted with fociety, it is that cruel ne- celHty, which obliges a perfon to facrihce both his in- tereft and his tafte, or run the hazard of being laughed at for his fingularity. In fome Afialic countries, people never change their modes of drefs. This uniformity, which continues for agci, proceeds from the fame principles as the monthly changes in England and France ; both pro- ceed from necefhty and policy. Both arife from good caufcs which operate in the feveral governments •, that is, the manners of each government are fubfervient to its particular intcreft. The reverfc is true of this country. Of the UNITED STATES. 91 country. Our manners are wholly fubfervient to the intereft of foreign nations. Where do we find, ir drefs or equipage, the leaft reference to thecircumltan- ces of this country ! Is it not the fole ambition of the Americans to be juft like other nations; without the meaijii of fupporting the refemblance ? We ought not to harbor any fpleen or prejudice againfi: foreign king- doms. This would be illiberal. They are wife, they are refpeftable. We fhould defpife the man that piques himfelf on his own country, and treats all oth- ers with indifcriminate contempt. I wifh to fee much lefs jealoufy and ill nature fubfifting between the Amer- icans and Englilh. But in avoiding party fpirit and refentment on the one hand, we fliould be very careful of fervility on the other. There is a manly pride in true independence, wliich is equally remote from info- lence and meannefs ; a pride that is chara£teriftic or great minds. Have Americans difcovered this pride fmce the declaration of peace ? We boaft of independ- ence, and with propriety. But will not the fame men, who glory in this great event, even in the midft of a gafconade, turn to a foreigner and afk him, " what is the lateft fafhion in Europe I" He has worn an ele- gant fuit of clothes for fix weeks ; he might wear it a few weeks longer, but it has not fo many buttons as the laft fuit of my lord : He throws it alide, and gets one that has. The fuit cofts him a fum of money ; but it keeps him in the falhion, and feeds the poor of Great Britain or France. It is a fingular phenome- non, and to pofterity it will appear incredible, that a nation of heroes, who have conquered armies, and raif- ed an empire, (liould not have the fpirit to fay — we will %vear our clothes as we pleafc. Let it not be thought that this is a trifling fubje£l ; a matter of no confequence. Mankind are governed by opinion ; and while we flatter ourfelves that we en- ioy independence, becaufe no foreign power can impofe laws upon us, we are groaning beneath the tyranny of opinion ; a tjTanny more fevere than the laws of mon- archs ; a dominion voluntary indeed, but for that rea- fon. 92 REMARKS oh the MANNERS, ^c. fon, more effe£tual ; an authority of manners which commands our fervices, and Tweeps away the fruits of our labor. I repeat the fentiment with which I began ; the rev- olution of America is yet incomplete. We are now in a fituation to anfwer all the purpofes of the Euju^pcaa nations ; independent in government, and dependent in manners. They give us their falhions, they direct cur tafte to make a market for their commodities ; they engrofs the profits of our induftry, without the hazard of defending us, or the expenfe of fupporting our civil government. A fituation more favorable to their in- tereft, or more repugnant to our own^ they could not have chofen for us, nor ive embraced. If fuch is the ilate of fads, and if the influence of foreign manners does a£tually defeat the purpofes of the revolution ; if our implicit fubmiflion to the pre- vailing tafte of European courts, involves individuals and the public in unnecefTary expenfes, it is in the power of a few influential charafters in each of our commercial cities to remedy the whole evil. And in a reformation of this kind, the ladies would have no in- confiderable fliare. It is really a matter of aftonilhment, that the pride of the Americans has fo long fubmitted tamely to a foreign yoke. Afide of all regard to intereft, we Ihould cxpe6t that the idea of being a nation of apes would mortify minds accuftomed to freedom of thought, and would prompt them to fpurn their chains. Have the ladies jn America no ingenuity, no tafte .? Do they not underftand what dreflTes are moft conve- nient and elegant ? What modes are beft adapted to the climate, or other circumftances of this country ? They moft certainly do. Foreigners acknowlege that the nativ beauty and underftanding of the American ladies are not excelled in any country, and equalled in very few. And one would imagin that the modes of embellifliing fo manyperfonal charms ought not, in all cafes, to be prefcribed by the milliners and manteau makers on the other fide of the Atlantic. A noble pride Of the UNITED STATES. 93 pilde fliould forbid that ladies of birth and breeding iChould be wholly indebted to the tafte of others, for the decorations of their beauty. When the gentlen:ien in America fhall exercife fplrit enough to be their own judges of tafte in drefs : When they have wifdom to confult the circumftances of this country, and fortitude enough to retain a fafliion as long as their oivn intere/i requires, inftead of changing it when other fiaiicns direft : When the ladies (hali exercife the rights of their fex, and fay, we will giijg the laws of fafhion to our own jiatiou^ inllead of receiv- ing them from another^ we will perform our part of the revolution : When both fexes fhall take ifiore pride and pleafure in being their own ftandards, than in be- ing the humble imitators of thofe who riot on the profits of our commerce ; we fhall realize a new fpe- cles of independence ; an independence flattering to generous minds, and more produ6live of wealth than all the laws of power, or the little arts of national pol- icy. And in tins revolution of manners, there needs not any facrifice of real drefs. I will venture to efli- mate, that the retrenching of fuperfluous articles ; ar- ticles which conftitute no part of drefs, and ferve but to disfigure an elegant perfon ; articles that are made and fent to us to fupport the lixpenny day laborers of Europe ; I fay, a retrenching of thefe trifling articles only, would be an annual faving to America fufHcient to pay one half of the interefl of our federal debt. We can throw no blame on foreign nations ; they are wife, and profit by our want of fpirit and tafie. On the footing that all mankind are brethren, per- haps it is generous in us to afTifl foreigners, who are a part of the Great Family. It is to be wifhed, however, that we might firfl dif- charge our honeft debts : That the foldier, whofe labor and blood have purchafed our empire, and whofe fer- vices have been repaid with a fliadow of reward, might be indemnified by the juflice of his country : That the widow and orphan might at leaft receive the flipulated fatisfadlion for lofTes which money cannot repair. Yes, let 94- REMARKS c« the MANNERS, ^c. let us firft be/«y?, and then generous. When we hav« no better ufe for our fuperfluous property, then let us beftow it upon our wretched brethren of the humaa race. They will repay our charity with gratitude, and blefs God that he has peopled one half the world with a race of freemen, to enrich the tyrants, and fupport the vaffals of the other. In another particular, our dependence on nations far- ther advanced in fociety than ourfelves, has a very un- happy efFeiSl. , I affume it as a fa6V, conceded by all philofophers and hillorians, that there has been, in every civilized nation, a particular period of time, peculiarly favorable to literary refearches ; and that in this period, language and tafte arrive to purity ; the beft authors flourilh, and genius is exerted to benefit mankind. This period in Greece was the age of Themiftocles, immediately after the invafion of Xerxes. In Rome, it was the reign of Auguftus Caviar, when a revolution had left the empire in a rtate of tranquillity. In France, the reign of Louis the XlVth was diftinguifhed for the number and eminence of its authors, and the correcl- nefs of tafte. The correfponding period of tafte in England, commenced about the middle of the fixteenth century, and ended with the reign of George the lid. Scotland was later in improvement ; but perhaps has now feen its meridian fplendor. There feems to be a certain point of improvement beyond which every flep in refinement is corruption ; moral fentiment is pofiponed to wit, and fcnfe is facrific- cd to found. This has been the cafe in ail nations, and is now true of England. The candid among the nation aeknowlege and lament the decline of true tafte and fci- ence. Very few valuable writings appear in the prcf- cnt age ; plays, novels, farces, and compilations fill the catalogue of new publications ; and the library of a man of fafliion confifts of Chefierfield's Letters, Trif- tram Shandy, and a few comedies. A gentleman in high office in London, in a letter to an eminent literary charader in America, which I had the Of the UNITED STATES. ^5 Vhe honor to read, informs, " that fo low is the tafte of the nation, that were Milton's Poem to be now firll publKhed, it would not find purcbafers : Mufic and painting are the only arts that have royal encourage- ment." He fays further, " that there is a national combination to oppofe the fame of every American art, production and charadter." 1 would hope that this account is an exaggeration of the truth ; but wc have thebeft teftimony to convince us that every thing is facrificed to amufement and pleafure. We ought not therefore to form our tafte after fucli models : in order to write, think and ail with proprie- ty, we Ihould go back half a century, to the ftyle and morality of Addifon and his cotemporaries ; there we may find the moft perfect models. By making the prefent talte of Europe our Ccandards, we not only debafe our own, but we check the attempts of genius in this country. Eminence is fometimes apt to impofe errors upon people, whofe refpeft for the charaiter may filence all icruple, and prevent them from examining into the grounds of his opinion. Such is the implicit confi- dence repofed in the opinions of certam celebrated writers, that when an American ventures to call in <]ue(tion a received principle or opinion of theirs, his countrymen charge him with arrogance, and exclaim, how rtiould this man be as good a judge of the fubjcdl as a foreigner 1 Such falfe notions of the perfedtion of particular charafter-, fetter the mind, and in concert with credulity and idlenefs, prepare it for the reception of any errors, however enormous. This fame veneration for eminent foreigners, and the bewitching charms of fartiion, have led the Ameri- cans to adopt the modern corruptions of our language. Very feldom have men examined the firudture of the language, to find reafons for their practice. The pro- nunciation and ufc of words have been fubjetft to the fame arbitrary or accidental changes, as the (hape of their garments. My lord wears a hat of a certain fize and ihaps j he prsnounce^ a word in a certain man- ner ; ^6 REMARKS on the MANNERS, ^c. ner ; and both muft be right, for he is a fafhioriable man. In Europe this is right in drefs ; and men wlio have not an opportunity of learning the juft rules of our language, are in fome degree excufeable for imitat- ing thofe whom they confider as fuperiors. But in men of fcience, this imitation can hardly be excufed. Our language was fpoken in purity about eighty years ago ; fince which time, great numbers of faults have crept into prailice about the theater and court of Lon- don. A.n afFecled erroneous pronunciation has in many inftances taken place of the true j and new words or modes of fpeech have fucceeded the ancient correct Englilh phrafes. 'I'hus we have, in the modern Englifh pronunciation^ their natihures, conjunclfhures, conftitfhutions, and tfhumultfliuous legiflatftiures ; and a long catalogue of fafhionable improprieties. Thefe are a direfl viola- tion of the rules of analogy and harmony ; they offend the ear, and embarrafs the language. Time was, v;hen thefe errors were unknown ; they were little known in America before the revolution. I prefume we may fafcly fay, that our language has fuffered more injurious changes in America, {ince the Britifli army landed on our Ihores, than it had fuffered before, in the period of three centuries. The bucks and bloods tell us that there is no proper ftandard in language ; that it is all arbitrary. The aflertion, however, fervcs but to (liow their ignorance. There are, in the language itfelf, decifive reafons for preferring one pronunciation to another; and men of fcience fhould be acquainted vith thefe reafons. But if there were none, and every tiling relied on pradice, v.-e fhould never change a gen- eral prailice without lubftantial reafons : No change ihould be introduced, which is not an obvious im- provement. But our leading charaftcrs feem to pay no regard to rules, or their former praflice. To know and em- brace every change made in Great Britain, whether right or wrong, is the extent of their inquiries, and the height of their ambition. . It is to this deference we may t?fthe tTNITED STATES. 97 may afcribe the long catalogue of errors in proriUncia- tion and of falfe idioms which disfigure the language of our mighty fine fpeakers. And fhould this imita- tion continue, we fhall be hurried down the ftream of corruption, with oldet nations, and our language, with theirs, be loft in an ocean of perpetual changes. The only hope we can entertain is, that America, driven by the fhock of a revolution, from the rapidity of the cur- rent, may glide along near the margin with a gentler ftream, and fometimes be wafted back by an eddy. The foregoing remarks fuggeft fame of the caufes which operate to defeat the true end of the revolution. Every man fees and feels our political embarraillnentis 5 the foes of the revolution afcribe them all to that event, and the friends charge them upon the enmity and re- fentment of oxxx parent country. Both are wrong. The revolution is, and will ultimately prove, a happy event for us and for the world. The Englifh, as a nation, are wife and refpe6lable : As citizens of the world, we fhould efteemthem : As a commercial peo- ple, we fhould cultivate a friendly intercourfe with them ; but as a foreign nation, whofe political circum- flances are very different from ours, we fhould not make them, in all cafes, our ftandard. I repeat the declarartion I before made; The independence of this country is incomplete : There has been a total change in government, with little or no change in the princi- ples which give energy to the operations of govern- ment. In the preceding remarks, I have endeavored to fhew in what refpe£l the revolution of America is yet in- complete, and that an independence of manners and opinion is neceflary to give full efFeft to an independ- ence of government. 1 propofe now to make fome remarks on government, to ftat€ the efFefts of the rev- olution on the morals of people, and the influence of money on mens' fenfe of juliice and moral obligation. It is perhaps a fundamental principle of government, that men are influenced more by habit, than by any abftradi ideas of right and wrong. Few people exam- H in 98 REMARKS on the MANNERS, ^c. in into the propriety of particular ufages or laws ; or if they examin, few indeed are capable of comprehending their propriety.^ But every man knows what is a law or general pratftice, and he conforms to it, not becaufe it is right or beft, but becaufe it has been the pradtice. It is for this reafoa that habits of obedience fhould not be difturbed. There are perhaps in every govern- ment, fome laws and cuftoms, which, when examined on theoretical principles, will be found unjuft and even impolitic. But if the people acquiefce in thofe laws and cuftoms, if they are attached to them by habit, it is wrong in theLegiflature to attempt an innovation which (hall alarm their apprehenfions. There are multitudes of abfurdities pradtifed in fociety, in which people are evidently happy. Arraign thofe abfurdities before the tribunal of examination ; people may be convinced of their impropriety ; they may even be convinced that better fchemes may be projeded j and yet it might be impoflible to unite their opinions fo as to eftablilh dif- ferent maxims. On the other hand, there are many good inftitutions, in which, however, there may be the- oretical faults, which, if called into public view, and artfully reprefented, might (hake the beft government on earth. Speculativ philofophers and hiftorians have often defcribed, and fometimes ridiculed the warmth with which nations have defended errors in religion and government. With the moft profound deference for wife and refpefliable men, 1 muft think they are guilty of a miftake ; and that the errors which nations tight to defend, exift only in the heads of thefe theorifts. Whatever fpeculation may tell us, experience and the peace of fociety, require us to confider every thing as right, which a nation believes to be fo. Every inftitu- tion, every cuftom, may be deemed juft and proper, which does not produce inconvcniencies that the bulk of mankind may fee and feel. The tranquillity of fo- ciety therefore ftiould never be difturbed for a philo- fophical diftinflion. It Vfihe UNITED STATES. 99 It will perhaps be objecfled, that thefe doflrines, if pra6lifed, would prevent all improvements, in fcienccj religion and government. By no means ; but they point out the method in which all improvements (hould be made, when opinion and fixed habits are to be overthrown, or changed. They fhow that all ref- otmation fliould be left to the natural progrefs of foci- ety, or to the conviftion of the mind. They (how the hazard and impra£licability of making changes, be- fore the minds of the body of the people are prepared for the innovation. I fpeak not of defpotic govern- ments, where the will of the prince is enforced by an army ; and yet even abfolute tyrants have been aflaffin- ated for not attending to the fpirit and habits of their fubjecls. In vain do rulers oppofe the general opinion of the people. By fuch oppofition, Philip lid, of Spain, kept one part of his fubjedts, for half a century, butch- ering the other, and in the end, loft one third of his dominions. By not regarding the change of habits in the nation, Charles Ift, of England, loft his head. By carrying his changes too far, Cfomwell began to oppofe the fpirit of the nation, and had he lived to profecute his fyftem, that fpirit would, in a few years, have brought his neck to the block. The general fpirit of the nation reftored to the throne, the fon of the prince, whom that fpirit had but a few years before arraigned and condemned. By oppofing that fpirit, James was obliged to leave his kingdom, and the fenfe of the na- tion ftill excludes the family which, by their own law of fucceflion, has the beft title to the throne. But there is no prefcription againft general opinion ; no right that can enter the lift againft the fenfe of a na- tion ; that fenfe, which after all our reafoning, will for- ever determin what is beft. The truth of thefe remarks is proved by examples in this country. An immenfe revenue might have been drawn from America without refiftance, in almoft any method but that which the Britifti parliament adopted. But their firft attempts were made upon articles of H 2 common ido ROvlARKS on the MANNERS, l^c common neccffity j the attempts were too vifible ; the people felt and refifted. Their apprehenfions were a- larmed ; their fears, whether well founded or imaginary, were multiplied and confirmed by newfpaper rhapfo- dies, and finally produced a combined oppofition to all Britifh taxation. Then Great Britain fhould have compounded 5 (he did not ; (he oppofed the general fenfe of three millions of her fubjeds, and loft the whole. A difpute exifted between CcmneiSlicut and Penfyl- vania, refpe<^>ing a trad: of land ; a federal court decid- ed the jurifdidion, or State claim, in favor of Penfylva- nia j five thoufand inhabitants, feated on iht lands, ac- knowlege the jurifdidion, but contend that their original purchafe, and fubfequent labor, entitle them to the lands. Notwithftanding the invalidity of their State claim, the fettlers determin to maintain their lands. Tl>e queftion of right is at once fufpended, and the only inquiry is, which is the belt policy, to indemnify a few individuals by a pecur>iary compofi- tion, or facrifice five thoufand fubjeds. This queftion, left to the commonwealth, would be decided by a great majority, in favor of the fettlers, and againft the very principles of right on wiwch the State holds the jurif- didion. I am not competent to judge of the merits of the difpute berween New York and Vermont ; but if the ufurpation of Vermont were a conceded fad, and that uiurpation to be defended by arms, and the queftion of granting them independence were left to the State of New York, I am confident that nine tenths of the peo- ple would decide for the independence of Vermont againft their own rights. Thus it otten happens, that a general opinion, grounded on rational expediency, will, and ouglit to decide political queftions, contrary to the ftrid princi- ples of juftice and equity. I would, by no means, be underftood to defend, by fuch dodrines, the infurredions of a neighboring State. I reprobate every thing that wears tlie leaft appearance of Of the UNITED STATES. loi of oppofition to lawful authority. It is evident how- ever, that the Legillature of MaiTachufetts were too inattentive to the general fpirit of the State. The niurmurs of the people were heard long before they broke out into rebellion, and were treated with too much negle«fl. They were a proof at leaft that fome- thing was wrong. This the Legiflature acknowleged ' in their late ads, and the complaints of the populace might once have been filenced by fuch conciliatory meafurcs. But an oppofition fo violent muft fuddenly ceafe, or acquire fyftem. In the latter cafe, the demands of the infurgents will rife in proportion to their ftrength ; they will afk unreafonable conceflions, and the fword muft decide their claims. The infurgents took wrong fteps to obtain redrefe ; they (hould, have refled their agrievances on petitions, and the event of an eleflion ; but one rafh ftep leads to a fecond, and to a third. Thefe fatal effects of popular difcontent afford one ufeful lef- fon, that rulers Ihould not attempt to carry a meafurc againft the general voice of a people.* But a queflioni will arife, how far may the people be oppofed, when their fchemes are evidently pernicious ? i anfwer, this can never happen thro defign ; and errors, even of the populace, may gradually be removed. If the peo<. pie cannot be convinced, by reafon and argument, of the impolicy or injuftice of a favorite fcheme, we have only to wait for the confequences to produce convic-^ tion. All people are not capable of juft reafoning on the great fcale of politics j but all can feel the inconve- njencies * Some have fufpefted from thefe fentiments, that I favof the inlurreftion in MalFachufetts. If it is neceflary to be more explicit than I have been in the declaration, " / reprobate^ &c." I miifl: add, that in governments lijce ours, derived fronj the people, I believe there is no pojfible Jltuation in which vjo*. lent oppoiition to laws can be juftified ; becaufe it can n^ver be necelTary. General enjils will always be legally redreffed, and partial ennls muft be borne, jf the majority require it. A tender law, which interferes with paji contra<5ls, is perhaps the wickedeft aft that a Legiflature can be guilty of; and yet I think the people in Rhode Ifland have done right, in jiot op. pofing thcir's, in a violent manner. 102 REMARKS on the MANNERS, ^c. niencies of wrong meafures, and evils of this kind gen- erally furnifh their own remedy. All popular Legifla- tures are liable to great miftakes. Many of the a£ls of the American Legiflatures, refpe£ting money and commerce, will, to future generations, appear incredi- ble. After repeated experiments, people will be better informed, and aftoniflied that their fathers could make fuch blunders in legillation. If the people of this State* are not already convinc- ed, they certainly will be, that the addition of 1 50,000!. of paper, to the current fpecie of the State, did not in- creafe the permanent value of circulating medium a fmgle farthing. They were perhaps told that fuch a fum of paper would (hut up the fpecie, or enable the merchant to export it ; but their jealoufy made them believe thefe the fuggeftions of intereft ; and nothing but the experiment could fatisfy their wiflies. Every man of refledion muft regret that he is fubjecft to the evils confequent on popular miftakes in judgement ; but this is the price of our independence and our forms of government. Let us attend to the immediate and necefTary con- fequences of the American revolution. So great an event as that of detaching millions of people from their parent nation, could not have been cffefted without the operation of powerful caufes. Nothing but a feries of real or imaginary evils could have fhaken the habits by which we were governed, and produced a combined oppofition againft the power of Great Britain. I fhall not enumerate any of thefe evils ; but obferve that fuch evils, by twenty years op- eration upon the fears or feelings of the Americans, had alienated their afFe£lions or weakened thofe habits of refpc£l, by which they were predifpofed to voluntary obedience. When a government has loft refpe<5l, it has loft the main pillar of its authority. Not even a military force can fupply the want of refpefl among fubje(5ts. A change of fentiment prepares the way for a change of government, and when that change of fen- timent * Penfylvania. Of the UNITED STATES. 103 tlmcnthad become general in America, nothing could have prevented a revolution. But it is more eafy to excite fears than to remove them. The jealoufy raifed in the minds of Americans againft the Britilh government, wrought a revolution ; but the fpirit did not then fubfide ; it changed its ob- jeft, and by the arts of defigning men, and the real dif- trefles confequent on fuch a political llorm, was dire£l- ed againft our own governments. The reftraints im- pofed by refpe6l and habits of obedience were broken thro, and the licentious paflions of men fet afloat. Nothing can be fo fatal to morals and the peace of fociety, as a violent (hock given to public opinion or ijxed habits. Polemic difputes have often deftroyed the friendship of a church, and filled it, not only with rancor, but with immorality. Public opinion there- fore in religion and government, the great fupports of fociety, fhould never be fuddenly unhinged. The fep- aration of America, however, from all dependence on European government, could not have been effected without previoufly attacking and changing opinion. It was an efTential flep, but the effects of it will not eafily be repaired. That independence of fpirit which pre- ceded the commencement of holtilities, and which vic- tory has ftrengthened \ that love of dominion, inherent in the mind of man, which our forms of government are continually flattering ; that licentioufnefs of inquiry which a jealoufy of rights firft produced and flill pre- ferves, cannot be controled and fubdued, but by a long feries of prudent and vigorous meafures. Perhaps the prefent age will hardly fee the refloration of perfedt tranquillity. But the fpirit and principles, which wrought our feparation from Great Britain, wj.ll moflly die with the prefent generation ; the next gen- eration will probably have new habits of obedience to our new governments ; and habits will govern them, with very little fupport from law. The force of habit in government is moft flriklngly illuftrated by the example of Connedicut. Moft of ^he laws, cuflotns and inftitutions, which the people brought 104 REMARKS on the MANNERS, ^c. ^ brought with them from England, or which tliey In- troduced, on their firft fettlement, remain to this day, with fuch fmall alterations only as would naturally be made in the progrefs of fociety and population. The government of Conne6licut had formerly little more than a nominal dependence on England ; inde- pendence therefore required but a little change of the old conilitution. The habits of the people have not been materially changed ; their refpedt for the govern- ment has not been fufpended nor diminiftied. It would therefore be extremely difficult to raife an infur- re6tion in that State againft their own government ;* for they have not been accuftomed to difpute the pro- priety of their eftablifhed maxims and laws. What- ever alterations in their conftitution, a difcerning Leg- iflator might fuggeft, it would be highly impolitic to attempt any changes, which Ihould difturb public opinion or alarm apprehenfion. When a law or cuf- tom becomes inconvenient, the people will feel the evil and apply a remedy. Moft of the other States had new conftitutions of government to form ; they had a kind of interregnum ; an interval, when refpeiSt for all government was fuf- pended ; an interval fatal in the laft degree, to morals and focial confidence. This interval between the ab- olition of the old conftitution and the formation of a tiew one, lafted longer in Maflachufetts than \n the other States, and there the effe<5h are moft vifible. But per-i haps it is impoffible to frame a conditution of govern- ment, in the clofet, which will fuit the people ; for it is frequent to find one, the moft: perfefl in theory, the moft objectionable in praclice. Hence we often hear popular complaints againft the prefent governments in America ; And yet thefe may proceed rather from the novelty of the obedience required, than from any real errors * This alTerfion may fecm to be contradi6ted by the oppa. fition of Connetilicut to the half pay ai^t ; but that oppofition did not even threaten violence or arms : It was conducted in a jteaceable manner ; and I do not know that the State has furnilhed an inftance of a tumuhuous interruption of law. Of the UNITED STATES. 105 errors or defedts in the fyftems : It may be nothing but the want of habit which makes people uneafy ; the fame articles which now produce clamors and difcon- tent, may, after twenty years pradice, give perfedt fat- isfadlion. Nay, the fame civil regulation, which the prefent generation may raife a mob to refift, the next generation may raife a mob to defend. But perhaps a more immediate and powerful caufe of a corruption of focial principles, is a fluduation of money. Few people feem to attend to the connexion between money and morals j but it may doubtlefs be proved to the fatisfaftion of every refleding mind, that a fudden increafe of fpecie in a country, and frequent and obvious changes of value, are more fruitful fources of corruption of morals than any events that take place in a community. America began the late war without funds of money, and its circulating fpecie was very inconfiderable. Commerce was regular, and Jpeculatioriy a term un- known to the body of the people. The emiflion of paper was an obvious and necefTary expedient ; yet it was bad policy to throw vaft fums into circulation without taking fome meafures to recall it. It was the fate of America to receive in bills of credit, and in the courfe of three or four years, a- bout twenty times the nominal value of its current fpecie ; the bills depreciated in the fame proportion, and the real value of the medium continued the fame. The firft vifible efFeft of an augmentation of the medium and the confequent fluctuation of value, was, a hoft of jockies, who followed a fpecies of itinerant commerce ; and fubfifted upon the ignorance and hon- efty of the country people ; or in other words, upon the difference in the value of the currency, in different places. Perhaps we may fafely eftimate, that not lefs than 20,000 men in America, left honeft callings, and applied themfelves to this knavilh traffic. A fudden augmentation of currency flattered people with the profped of accumulating property without labor. The zo6 REMARKS on the MANNERS, i^c. The firft efFe£l of too much money is to check manual labor, the only permanent fource of wealth. Induftry, which fecures fubfiftence and advances our intereft by flow and regular gains, is the beft preferva- tive of morals ; for it keeps men employed, and af- fords them few opportunities of taking unfair advanta- ges. A regular commerce has nearly the fame efFe*5l as agriculture or the mechanic arts ; for the principles are generally fixed and underftood. Speculation has the contrary effetfi. As its calcu- lations for profit depend on no fixed principles, but folely on the different value of articles in different parts of the country, or accidental and fudden variations of value, it opens a field for the exercife of ingenuity in taking advantage of thefe circumflances. The fpecu- lator may begin with honefl intentions ; and may juf- tify his bufinefs, by faying, that he injures no man, ■when he givs tlie current value of an article in one place, and fells it for its current value in another ; al- tho in this cafe he is a ufelefs member of fociety, as he Jivs upon the labor of others, without earning a far- thing. But he does not flop here ; he takes an ad- vantage of ignorance and necefljty ; he will, if poiTible, monopolize an article to create a necefTity. Re- peated opportunities of this kind gradually weaken the force of moral obligation ; and nine perfons of ten, who enter into the bufinefs of fpeculation with a good charader, will, in a few years, lofe their principles, and probably, their reputation. Speculation is pernicious to morals, in proportion as its effects are extenfiv. Speculation in the Englifh funds is pradifed on principles def^rudliv of juftice and morals ; but it confilb in the transfer of large fums ; the contingencies on which it depends are not frequent, and the bufinefs is confined to a few fharpers in the metropolis. Such a fpeculation affeds not the body of the people. The medium circulating in the king- dom, has a fixed permanent value, and affords no op- portunities for irregular gains. Very Of the UNITED STATES. 107 Very different is fpeculation in America. Here its obje(fts are in every perfon's hands ; changes of value are frequent ; opportunities of gain, numberlefs ; and the evil pervades the community. The country fwarms with fpeculators, who are fearching all places, from the ftores of the wealthy, to the recefles of indi- gence, for opportunities cf making lucrativ bargains. Not a tavern can we enter, but we meet crowds of thefe people, who wear their charadter in their counte- nances. But the fpeculators are not the only men whofe character and principles are expofed by fuch a ftate of the currency ; the honeft laborer and the regular m.er- chant are often tempted to forfake the eftablifhed prin- ciples of advance. Every temptation of this kind at- tacks the moral principles, and expofes men to fmall deviations from the rectitude of commutativ juftice. Such are the fources of corruption in commercial in- tercourfe. A relaxation of principle, in one inftance, leads to every fpecies of vice, and operates till its caufes ceafe to exift, or till all the fupports of fecial confidence are fubverted. It is remarked by people very illiterate and circumfcribed in their obfervation, that there is not now the fame confidence between man and man, which exifled before the war. It is doubtlefs true ; this dif- truft of individuals, a general corruption of manners, idlenefs, and all its train of fatal confequences, may be refolved into two caufes : The fudden flood of money during the late war, and a conflant flu6luation of the value of the currencies. The effeds of a fudden augmentation of the quanti- ty of money in circulation were fo obvious, during the war, and the example is fo recent, that the fubjedt re- quires no illuflration, but a rccolle£lion of fafts. Yet there is an example recorded in the Hiftory of France, fo exadly in point, that I cannot omit it. During the regency of the Duke of Orleans, one Law, who had fled from punifhment in Scotland, and taken refuge in France, obtained, by his addrefs, a great fhare of confidence in the councils of the regent. He formed jc8 REMARKS on the MANNERS, ^f. formed a plan of drawing all the fpecie from circula- tion, and ifluing bills upon the royal treafury. It is not neceflary to name the expedients he ufed to efFe<5l his purpofe. It is fufficient to obferve, that by various methods, he drew moft of the fpecie of the kingdom into the public treafury, and iffued bills to about one hundred times the value of the fpecie, which had be- fore circulated. The notes or fecurities depreciated as they were thrown into circulation, like our continental currency. The nature of a medium of trade, it feems, was not well underftood : Such a fudden depreciation was a furprifing phenomenon at that period j men of property, who were the holders of the paper, were a- larmed j the kingdom was in confufion. When the bills had funk to a fifth of their value, a royal edidl was iffued, ordaining that the remaining fpecie in circula- tion (hould be funk to a level with paper. This re- fembles, in fome refpecls, the regulation of prices in America. An edicft, fo rafh and abfurd, increafed the evils it was meant to remedy, and filled the kingdom with clamor. In a fhort time, the paper was funk as low as our continental currency, before its death. The confufion was general ; the regent and Law were obliged to fly the kingdom ; and both died in ob- fcurity, the one in Italy, and the other, if I miftake not, in the Netherlands. In France there was a total change of property ; poor men made fortunes by fpeculation, and the rich were beggared. The refult ot the whole was, that the paper was called in at a difcount, by means fimilar to X\\t forty for one act of the United States. But the principal view I have in ftating this example is, to (how the effect of a fudden inundation of money upon induflry and morals. No fooner did the nation feci an increafeof the quantity of money, but the king- dom was overrun with fpeculators ; men who left ufc» ful occupations, for the profpe'h« The DEVIL is in you. i^I "^ViO encourages a mob to prevent the operation of law, ceafes to hzfree or fafe ; for the fame principle which Jeads a man to put a bayonet to the breaft of a judge, will lead him to take property where he can find ir ; and when the judge dare not adt, where is the lofer's remedy ? Alas, my friends, too much liberty is no liberty at all. Giv me any thing but mobs ; for mobs are the devil in his word fhape. I would flioot the leader of a mob, fooner than a midnight ruffian. People may have grievances, perhaps, and no man would more readily hold up his hand to redrefs them than myfelf ; but mobs rebel againft lav/s of their own, and rebellion is a crime which admits of no palliation. My countrymen, I am a priva-te, peaceable man. I have nothing to w-in or to lofe by the game of paper currericy ; but / revere juftice. 1 would fooner pick oakum all my life, than ftain my reputation, or pay my creditor one farthing lefs than his honeft demands. While you attempt to trade to advantage, without % head to combine all the States into fyftematic, uniform meafures, the world will laugh at you for fools. While merchants take and giv credit, the world will cali tiiem idiots, and laugh at their ruin. While farmers get credit, borrow money, and mortgage their farms, the world will call them fooJs, and laugh at their em- barraflments. While all men liv beyond their in- Come, and are harrafled with duns and fheriffs, no maa will pity them, or giv them relief. But when mobs and conventions oppofe the courts of juftice, and Leg- iflatures make paper or old horfes a legaj tender in all cafes, the world v/iil exclaim with one voice — Te are *'fogues^ and the devil is in you ! No. K 2 [ tp 3 N6. XI. NEW LONDON, OCTOBER, 1786. DESULTORY THOUGHTS. NO government has preferved more general and uninterrupted tranquillity for a long period, than that of Connedicut. This is a ftrong proof of the force of habit, and the danger that ever attends great altera- tions of government or a fufpenfion of law. Every fyftem of civil policy muft take its complexion from the fplrit Jt^j^l manners of the people. Whatever political conftitutions may be formed on paper, or in the philofopher's clofet, thofe only can be- permanent which arife out of the genius of the people. A jealous uneafy temper has fometimes appeared, a- mong the people of this State ; but as this has always proceeded from reftlefs, ambitious men, whofe defigns have been reprobated as foon as detedled, this uneafinefs has always fubfided without any violence to the Con- flitution. We do not advert to the time when the courfe of law has been forcibly obllruded in Connec- ticut. In the middle and fouthern States the corrupt Eng- ]ifli mode of eledions has been adopted : We fee men meanly ftoop to advertife for an office, or beg the votes of their countrymen. In thofe States elections are often mere riots ; almoil always attended with difputes and bloody nofes, and fometimes with greater violence. In Connecticut, a man never advertifes for an office, nor do we know that a man ever folicited a vote for himfelf. We cannot name the eledtion that produced a difpute, even in words. It belongs to the unprincipled of other States and countries to deride religion and its preachers. It be- longs to the coxcombs of courts, the produdions ot dancing fchools and playhoufes, to ridicule our bafliful deportment DESULTORY THOUGHTS. 133 deportment and fimplicity of manners. We revere the ancient inftitutions of fchools and churches in this State. We revere the difcipline which has given fuch a mild complexion to the manners of its inhabitants, and fecured private fatisfadtion and public tranquillity. Paper money is the prefent hobby horfe of the States, and every State has more or lefs of the p.-^per madnefs. What a pity it is m^kind will not difcern their right liands from their mt. Cajh is fcarce, is the general cry. Well, this proves nothing more than that the balance of trade is againft us, and that we eat, drink, and wear more foreign commodities than we can pay for in produce : That is, we fpend more than we earn ; or in other words, ive are paor. But nothing fiiows the folly of people more, than their attempts to remedy the evil by a pa^ currency. This is ignorance^ it is abfurdity in the extreme. Do not peoole know that the addition of millions and mil- lions ot money does not increafe the value of a circu-. la ting medium one farthing. Do they not know that the value of a medium ought not to be increafed be- yond a certain ratio, even if it could be ? and tha| to increafe the circulating cafh of one State beyond the circulating ca(h of other States, is a material injury to it. Thele propofitions are as demondrable as any problem in Euclid. Ten millions of dollars in fpecie ■were fuppofed to be the medium in America before the war. Congrefs ifiiied at firfl: five millions in bills. As thefe came into circulation, fpecie went out ; confe- quently they held their nominal and real value on par, for the nominal value of the medium was not much increafed. Congrefs fent out another fum in bills ; the nominal value of the medium was doubled, the bills funk one half, and the real value of the medium remained the fame. This was the fubfequent prog- refs ; every emiflion funk the real value of bills, and two hundred millions of dollars were, in the end, worth juft ten millions in fpecie, and no more. Towards the clofe of the war, the fpecie in America was more than doubled j it funk to lefs than half its former val- ue, X34 DESULTORY THOUGHTS, ue, and the paper bills funk in the fame proportion ; from forty to eighty for one, nearly. We had too much fpecie in the country, in the years 1782 and 1783 ; it ruined hundreds of merchants, and injured the community. But it is faid, we want a circulating medium. This is not true •, we have too niuch in circulation. Tlie fpetie and paper now circulating in America, amounts tv? fifty or iixty millions of dollars ; whereas we want not more than ten or hfrcen millions. The paper is therefore funk in real value, fo as to reduce the real value of the whole medium to that fum which is want- ed. We may make millions of paper if we pleafe : but we fhall not add one farthing to the property of the State. Money is not wealth in a State, but the rep- refcntatiy of wealth. A paper currency may anfwer a temporary purpofe of enabling people to pay debts ; but it is not an advantage even to the debtor, unlefs it is depreciated ; and in this cafe it is an injury to the creditor. If the paper retains its value, the debtor niuft fooner or later purchafe it with the produce of his laboi ; and if it depreciates, it is the tool of knaves ■while it circulates ; it ruins thoufands of honeft un- fufpecting people ; it gives the game to the idle fpecu- jator, who is a nuifance to the State ; it ftabs public credit and private confidence ; and what is worfe than all, it unhinges the obligations which unite mankind. A fludluation of medium in a State makes more fatal ravages among the morals of people, than a peftilence among their lives. O America ! happy would it have been for thy peace, thy morals, thy induftry, if, inftead of a depreciation of paper Llils and fecurities, ftamped, with public faith, millions of infernal fpirits had been let loofe among thy inhabitants ! Never, never wilt thou experience the return of induftry, economy, pri- x'ate confidence and public content, till every fpecies oC depreciated and fluduating medium fhall be annihilat- ed ; till Legiilatures learn to revere juftice, and dread a breach of faith more than the vengeance of vindictiv heaven! Americans f DESULTORY THOUGHTS- 13^- Americans I you talk, of a fcarcity of cafli. Well, the only remedy is, to enable Congrefs to place our commerce on a footing with the trade of other na- tions. Foreign States have nothing to do with Maf- fachufetts or New York. They muft make treaties with United Jmerica^ or not make them at all. And while we boaftof the independence of particular States, vye lofe all the benefits of independence. For fear that Congrefs would abufe their powers and enrich themfelves, we, like the dog in the manger, will not even enrich ourfelves. We complain of poverty, and yet giv the profits of our trade to foreign nations. Infatuated men ! We have one truth to learn — That nothing but the ahfolute power of regulating our commercey vejied in jome federal head, can ever reftore to us cafh, or turn the balance of trade in our favor. New York alone, by its advantageous fituation, is growing rich upon the fpoils of her neighbors, and impoverifhing the continent to fill her own treafury. Lawyers, you fay, O deluded Americans ! are an evil. Will you always be fools ? Why lawyers are as good men as others : I venture to fay further, that lawyers in this country have devifed and brought about the wifefl public meafures that any State has adopted. My countrymen, the expenfe of fupporting a hundred lawyers is a very great and a very needlefs expenfe. You pay to lawyers and courts every year thirty oj: forty thoufand pounds. A great expenfe, indeed ! But courts and lawyers are not to be blamed. The people are the caufe of the evil, and they alone, as in- dividuals, are able to remedy it. And yet the remedy is very fimple. Ceafe to run in debt, or pay your debts punSlually ; then lawyers will ceafe to exift, and court hoiifes will be (hut. If you wifli or exped any other remedy than this, you certainly will be difappointed. A man, who purpofely rufhes down a precipice and breaks his arm, has no right to fay, that furgeons are an evil in fociety. A Legiflature may unjurtly limit the furgeon's fee ; but the broken arm muft be healed, 5r*d a furgcon is the only man to do it. My 136 DESULTORY THOUGHTS. My friends, learn wifdom. You are peaceable yet, and let the diftradions of your neighbors teach you to preierve your tranquillity. Spend lefs money than you earn, and you will every day grow richer. Never run in debt, and lawyers will become farmers. Never make paper money, and you will not cheat your citizens, nor have it to redeem. Above all, pay your public debts, for independence and the confederation require it. No. [ 137 J No. XII. "^ NEW HAVEN, DECEMBER, 1786. ADVICE to CONNECTICUT FOLKS. MY FRIENDS, TIMES are hard ; money is fcarce ; taxes are high, and private debts pufh us. What fhall we do ? Why, hear a few. fads, ftubborn fads, and then take a bit of advice. In the year 1637, our good forefathers declared an pftenfiv vs'ar againft the Pequot Indians. Their troops were ninety rnen. Weathers^ekl was ordered to furn- ifli a hog for this army, Windfor a ram goat, and Hart- ford a hogfhead of beer, and four or five gallons of ftrong water.* This was ancient fimplicity ! Let us make a little eftimation of the expenfes annually incurred in Con- nedicut. (I fay incurred, for we can poiitrad debts, though we cannot pay them.) I will jufi: make a diftinclion between neceflary and wnneceflary expenfes. NecelTiry, Unneceflity, I' I' & 300 300 100 100 Governor's falary, Lieutenant governor's. Upper houle, attendarice and travel, 60 days a year, at lol. a day, 609 600 Lower houfe, attendance and travel, 170 mem- bers, at 6s. a day, 60 days, 3,060 1,530 i,S3» Carried over, 4,060 2,530 1,530 ^ See the records of this State, where rum is called ftrong water. This was foon after the firft diftilling of fpirits, and rum was not then named. It feems, however, that our pious anceftors had * taile for it, which therr pofterity have carefully improved. ^ NeceOarj'. Unnecertirj-, £.■ I- £' 4,000 2,530 i>533 900 ?20 900 720 )-38 ADVICE to CONNECTICUT FOLKS. Brouglit over, Five judges of the Superior Court, at 24s. a day, fuppofe 150 days, Forty judges of Inferior Courts, at 9s. a day, fuppofe 40 days, Six thoufand a61ions In the year, the legal expeale of each, fuppofe 3]. Gratuities to 120 lawyers^ fuppofe 50}. each. Two humired clergymen, at 100]. each, Five hundred fchools, at 2cl. a year, Support of ppor, Bridges and other town expenfes, Contingencies and articles not enumerated, 18,000 1,000 17,000 6,000 1,000 5,000 20,000 20,000 10,000 10,000 10,000 10,000 * 1 0,00 J) 10,000 10,000 10,000 ;C>89,68o;C.66,i50/C. 23,530 . Now comes RUM, my friends. 400,000 gallons of rum, at 4s. a gallon. Allow for rum drank, on which excife is not paid, 50,000 gallons, at 4s. 80,000 10,000 I' 90,000 Ninety nine hundredths unnecefiary. This is a fa£t : Deny it if you can, good folks. Now, fay not a word about taxes, judges, lawyers, courts, and women's extravagance. Your govern- ment, your courts, your lawyers, your clergymen, your fchools, and your poor, do not all cod: you io much as 0119 ADVICE to CONNECTICUT FOLKS. 139 one paltry article, which does you little or no good, hnx. is as deftrudtiv of your lives as fire and brimltone. But let us proceed. A million of pounds of fugar, eftimated by j^. the returns of excife mafters, at 8d. SSjSSS {This is double tlie quantity we want ; but as it is pernicious neither to health nor morals, I let it pafs.) 200,ooolb. of tea, at 3s. 6d. 35>00'^ 2j00o ditto hyfon, at 14s. 1,400 (Moftof thefe unneceflary.) Coffee, molaffesj fpices, &c. 10,000 Dry goods, 250,000 '^ £' 329.733 The whole fettjement will ftand tlms : I' Necefiary expenfes, 66,150 Unneceflary, ditto, 23,530 Rum, and other diftilled fpirits, 90,000 Other foreign articles, 329)733 £' 510,413 Intereft of the federal and State debts, £. 130,000 Now, good people, I have a word of advice for you. I will tell you how to pay your taxes and debts, with- out feeling them. I ft. Fee no lawyers. You fay lawyers have too high fees. I fay they have not. They coft me not one farthing. Do as I have always done, and lawyers' fees will be no trouble at all. If I want a new coat, or my wife wants a new gown, we have agreed to wear the old ones until we have got ca(h or produce to pay for them. When we buy, we pay in hand j we get things cheaper than'our neighbors ; merchants never dun us, and we have no lawyers' fees to pay. When we fee fiieriffs and duns knocking T43 ADVICE to CONNECTICUT FOLKS. knocking at the doors of our neighbors, we laugh at their folly. Befides, 1 keep a little drawer in my defk, ■with money enough in it to pay the next tax ; and 1 never touch a farthing until the collecicr calls. Now, good folks, if you will take the fame method, you will lave out of lawyers' fees and court ch".rges, on the moft moderate calculations, 20,oool. a year. 2dly. I allow my family but t\«o gallons of rum a year. This is enough for any family, and too much /or moft of them. I drink cyder and beer of my own manufaclure ; and my wife makes CTjcelient beer, 1 af- fure you. ,1 advifi; you \\\ to do the fame. I am a- ftonifhed at you, good folks. Not a mechanic or a laborer goes to work for a merchant, but hetrarries home a bottle of rum. Not a load of vvood comes to t,own, but a gallon bottle is tied to the cfft ftake to be filled with rum. Scarcely a woman comes to town with tow clotfi, but Hie has a wooden gallon bottle in one fide of her faddle bags, to fill with rum. A Gran- ger would think you to be a nation of Indians by your third for this paltry liquor. Take a bit of ad- vice from a good friend of yours. Get two gallons of rui;i in a year ; have two or three frolics of innocent mirth ; keep a little fpirit for a medicine, and let your common drink be the produce or inanufa^^ure of this country. This will make a faving of almoft '400,000 gallons of rum, or 8o,ogo1. a year. 3dly. Never buy any ufelefs clothing. Keep a good fuit for Sundays and other public days j but let your common wearing apparel be good fubftan- tial cloths, and linens of your own manufaeliure. Let your wives and daughters lay afide their plumes. iFeathers and fripperies fuit the Clierokees or the wench in your kitchen ; but they little become the fair daughters of America.* Out of the dry gopds im- ported, you may fave 50,000!. a year. Thefc ■■% * I would juft mention to my fair readers, whom T love and efteem, tliat feathers and other frippery of the head, arc dif • reput|ible in Eiiroj;.e. ADVICE to CONNECTICUT FOLKS, ut Thefe favings amount to 150,000!. a year. This is more than enough to pay the intereft of all out public debts. My countrymen, I am not trifling with you : I am ferious. You feel the fa^ls I ftate ; you know you are poor, and ought to know, the fault is all your own. Are you not fatisfied with the food and drink which this country aflbrds ? The beef, the pork, the wheat, xhs. corn, the butter, the cheefe, the cyder, the beer, thofe luxuries which are heaped in profufion upon your tables ? If not, you muft expedl to be poor. In vain do you wirti for mines of gold and filver. A mine would be the grcatcfl: curfe that could befal this coun- try. There is gold and filver enough in the world, and if you have not enough of it, it is becaufeyou conibme all you earn in ufelefs food and drink. In vain do yoa "wilh to increafe the quantity of cafh by a mint, or by paper emiffions. Should it rain millions of joes into yourchimnies, on your prefent fyflem of expenfes, you would ftill have no money. It would leave the coun- try in ftreams. IVifle not with ferious fubjeils, nor fpend your breath in empty wifhes. Reform ; econ- omize. This is the whole of your political duty. You may reafon, fpeculate, complain, raife mobs, fpend life in railing at Congrefs and your rulers ; but unlefs you import lefs than you export, unlefs you fpend lefs than you earn, you will eternally be poor. C 142 J No. XIII. NEW TORK, DECEMBER, 1787. To the DISSENTING MEMBERS of the late Convention 0/ Pennsylvania. Y GENTLEMEN, OUR long and elaborate publication, afligning the rcafons for your refuling to fublcribe the rat- iiication of the new Federal Conjiltution^ h|s made its appearance in the public papers, and, I flatter myfelf, ■will be read throughout the United States. It will feed the flame of oppofition among the weak, the wick- ed, the defigning, and the fa6tious ; but it will make many new converts to the propofed government, and furnilh the old friends of it with new weapons of de- fence. The very attempt to excite uneafmefs and difturbance in a State, about a meafure legally and con- ftitutionally adopted, after a long and ample difcuflion in a convention of the people's delegates, will create fufpicions of the goodnefs of your caufe. My addrefs to you will not be fo lengthy as your publication j your arguments zxtfew^ altho your harangue is long and infidious. You begin with telling the world, that no defe^ was dlfcovered in the prcfent confederation^ till after the war. Why did you not publifli the truth ? You know, gen- tlemen, that during fix years of the war, we had na confederation at all. You know that the war com- menced in April, 1775, and that we had no confederal iion till A4arch, 1781. You know (for fome of you are men of abilities and reading) or ought to know, a principle of fear, in time of war, operates more power- fully in binding together the States which have a com- mon intereft, than all the parchment compafls on earth. Could we, theft, difcover the defedls of our prefent to the DTiSEKTTING MEMBERS, Ifi. ^43 prefent confederation, with /tt;^?)'^/?;-^' experience only j and an enemy in our countr)' ? You know we could not. I will not undertake to detefl the falfehood of every aflertion, or the fallacy of all your reafoiiing on each article. In the moft of them the public will anticipate any thing I could fay, and confute your arguments as faft as they read them. But, gentlemen, your reafon- ing againlt the new Conjiitution refembles that of A'lr. Hume on miracles. You begin with fome gratis ditia^ which are denied ; you aflume prernijes which are to- tally falfe^ and then reafon on them with great addrefs. Your whole realoning, and that of all the oppofers of the federal government, is built on this fulje principle^ that the federal Legijlature will be a body d\Jlinti front and independent cfihe people. Unlefs your oppolitioa is grounded on thai principle^ it fiands on nothing ; and on any other fuppofition^ your arguments are but ed, >vitli material correttions, and a Letter from the late Commander in Chief, explaining the Circumftanccs and Proceedings, preparatory to the Capture of Lord Cork- V/ALHS. AMERICA was originally peopled by uncivilized nations, which lived moilly by hunting and iifli- ing. The Europeans, who firll: vifited thefe Ihores, treating the nativs as wild hearts of the t'oreft, whicii have no property in the v/oods where they roam, plant- ed the ftandard of their refpeitiv mafters where they firft landed, and in ti\eir names claimed the country by right of difcoveryj^ Prior to any fettlcment in Nortli America numerous titles of this kind were acquired by the Englilh, French, Spanifli, and Dutch navigators, who came hither for the purpofes of iiihing and trad- ing with the nativs. Slight as fuch titles were, they were afterwards the caufes of contention between the European nations. The fubjedh of different princes often laid claim to the fame tra6t of country, becaufe both had difcovered the fame river or promontary ; or becaufe the extent of their refpectiv claims was inde- terminate. While the fettlements in this vaH: uncultivated coun- try were inconfiderable and fcattered, and the trade of it confined to the bartering of a few trinkets for furs, a trade carried on by a few adventurers, the interfering of claims produced no important controverfy among the * As well may tlie New Zealanders, nho have not yet dif- covefed Europe, fit out a Ihip, land on the coaft of England or France, and, finding no inhabitants but poor finicrnien and peafants, claim the whole country by right ofdifcovcry. SKETCHES of the late REVOLUTION. 155 the fettlers or the nations of Europe. But in propor- tion to the progrefs of population, and the growth of the American trade, thejealouhes of the nations, which liad made early difcoveries and fettlements on this coail, were alarmed ; ancient claims were revived ; and each power took meafures to extend and fecure its own poflefiions at the expenfe of a rival. By the treaty of Utrecht in 17 13, theEnglifli claim- ed a right of cutting logwood in the Bay of Cam- peachy, in South America. In the exercife of this right, the Englifli merchants had frequent opportuni- ties of carrying on a contraband trade with the Span- ifli fettlements- on the continent. To remedy this evil, the Spaniards refolved to annihilate a claim, which, though often acknowleged, had never been clearly afcertained. To efFedl this defign, they cap- tured the Englifh veflels, which they found along the Spanifli Main, and many of the Britifh fubjefts were doomed to work in the mines of Potofi. Pvepeated feverities of this kind at length (1739) produced a war between England and Spain. Porto Bello was taken from the Spaniards, by Admiral Ver- non. Commodore Anfon, with a fquadron of fhips, failed to the South Seas, diftrefled the Spanilh fettle- ments on the weftern Ihore of America, and took a galleon, laden with immenfe riches. But in 1741 a formidable armament, deftined to attack Carthagena, under the command of Lord Cathcart, returned un- fuccefsful, with the lofs of upwards of twelve thoufand Britifli foldiers and feamen ; and the defeat of the ex- pedition, raifed a clamor againft the minifter, Sir Rob- ert Walpole, which produced a change in the admin- iftration. This change removed the fcene of war to Europe, fo that America was not immediately affeded by the fubfequent tranfadions ; except that Louif- burgh, the principal fortrefs of Cape Breton, was taker! from the French by General Pepperell, aflifted by Commodore V7arven and a body of New England troops. This 156 S K E T C H E S ^/ //;^ This war was ended in 1748 by the treaty of peace figned at Aix la Chapelle, by which reftitution was made on both fides of all places taken during the war. Peace, however, was of fliort duration. The French pofiefifed Canada, and had made confiderable fettle- ments in Florida, claiming the country on both fides of the Miffifippi, by right of difcovery. To fecure and extend their claims, they eftablifhed a line of forts, on the Englifh pofleffions, from Canada to Florida. They had fecured the important pafs at Niagara, and erecled a fort at the junction of the Allegany and Mononga- hela rivers, called Fort Du Quefne. They took: pains to fecure the frienduiip and affiftance of the nativs, en- croachments were made upon the Englifh poficffions, and mutual injuries fucceeded. The difputes among the fettlers in i'tYSSerica, and the meafures taken by the French to command all the trade of the St. Lawrence river on the north, and of the Miflifippi on the fouth, excited a jealoufy in the Englifli nation, which foon broke forth in open war. In 1756, four expeditions were undertaken in Amer- ica againft the French. One was condudled by Gen- eral Monckton, who had orders to drive the French from the encroachments on the province of Nova Scotia. This expedition was attended with fuccefs. General Johnfon was ordered, with a body of troops, to take porteflion of Crown Point, but he did not fuc- ceed. General Shirley commanded an expedition againft the fort at Niagara, but loft the feafon by delay. General Braddock marched againft fort Du Quefne, but in penetrating through the wildernefs, he incautiouOy fell into an ambufcade and fufFered a total defeat. General Braddock was killed, but a parr of his troops were faved by the prudence and bravery of General VValhington, at this time a Colonel, who then began to exhibit proofs of thofe military talents, by which he afterwards conducted the armies of America to viiSlory, and his country to independence. The ill fuccefs AMERICAN REVOLUTIOl^. 157 fuccefs of thefe expeditions left the Englifh fettlements in America expofed to the depredations of both the French and Indians. But the war now raged in Eu- rope and the Eart Indies, and engaged the attention of both nations in thofe quarters. It was not until the campaign in 1758, that affairs aflumed a more favorable afpecS in America. But up- on a change of adminiftration, Mr. Pitt was appointed Prime Minifter, and the operations of war became more vigorous and fuccefsful. General Amherfl: was fent to take poffefTion of Cape Breton ; and after a warm fiege, the garrifon of Louifburgh furrendered by Capitulation. General Forbes was fuccefsful in taking pofleffion of fort Du Quefne, which the French thought fit to abandon. But General Abercrombie, who com- manded the troops deftined to aft againft the French at Crown Point and Ticonderoga, attacked the lines at Ticonderoga, where the enemy were ilrongly entrench- ed, and was defeated with a terrible flaughter of his troops. After his defeat, he returned to his camp at Lake George. The next year, more effef^ual meafures were taken to fubdue the French in America. General Prideaux and Sir William Johnfon began the operations of the campaign by taking the French fort near Niagara.* General Amherfttook pofleflion of the forts at Crown Point and Ticonderoga, which the French had aban- doned. But the decifiv blow, which proved fatal to the French interefts in America, was the defeat of the French army, and the taking of Quebec, by the brave general Wolfe. This hero was flain in the beginning of the aftion, on the plains ot Abram, and Monfieur Montcalm, the French commander, likewife loft his life. The lofs of Quebec was foon followed by the capture of Montreal, by General A mherft, and Can- ada has remained ever fince in poflefiion of the Eng- Colonel * General Prideaux was killed by the burfting of 2 mortars before the furrender of the French. 158 SKETCHES cf tl:c Colonel Grant, in 1761, defeated the Cherokces Kh Carolina, and obliged the-n to fue for peace. The next year, Martinico was taken by Admiral Rodney and General Monkton ; and alfo the illands of Grena- da, St. V^incents, and others. The capture of thefe was foon followed by the furrender of the Havanna, the capital of the iiland of Cuba. In 1763, a definitiv treaty of peace was concluded at Paris, between Great Britain, France and Spain, by which the Englifh ceded to the French feveral iflands in the Weft Indies, but were confirmed in the pofleiFion of all North America on this fide the Miflifippi, except New Orleans, and a fmall diftri6l of the neighboring country. But this war, however brilliant the fuccefs, and glo- rious the event, proved the caufe of great and unex- pe(Sted misfortunes to Great Britain. Engaged with the combined powers of France and Spain, during fev- eral years, her exertions were furprifing, and her ex*- penfe immenfe. To difcharge the debts of the nation^ the parliament was obliged to have recourfe to new ex- pedients for raifing money. Previous to the laft treaty in 1763, the parliament had been fatisfied to raifc a revenue from the American Colonies by monopoly of their trade. At the beginning of the laft war Vv^ith France, com- miflioners from many of the colonies had aflenlblcd at Albany, and propofed that a great council fiiould be formed by deputies from the feveral colonies, which, with a general Governor to be appointed by the crown, ftiould be empowered to take meafures for the common fafety, and to raife money for the execution of their defigns This propofal was not relifhed by the Britifh miniftry ; but in place of this plan, it was propofed, that the Governors of the colonies, with the afilftance of one or two of their council, Hiould aflemr ble and concert meafures for the general defence ; ereifl forts, levy troops, and draw on the trcafury of England for monies that ihould be wanted ; but the treafury to be rcimburfed fey a tax on the colonies, to be laid by the AMERICAN REVOLUTION. 159 the Englifli parliament. To this plan, v/hich would imply an avowal of the right of parliament to tax the colonies, the provincial aitemblies objeiled with un- Ihaken tirmnefs. It feems, therefore, that the Britidi parliament, before the war, had it in contemplation to exercife the right they claimed of taxing the colonies at pleafure, without permitting them to be reprefented. Indeed it is obvious that they laid hold of the alarming fituation of the colonies about the year 1754, and 1755, to force them into an acknowlegement of the right, or to the adoption of meafures that might afterwards be drawn into precedent. The colonies however, with an uncommon forefight and firmnefs, defeated all their attempts. The war was carried on by requifitions 011 the colonies for fupplies of men and money, or by vol- untary contributions. But no fooner was peace concluded, than the Eng- lifh parliament refumed the plan of taxing the colo- nies ; and to juftify their attempts, faid, that the money to be raifed, was to be appropriated to defray the ex- penfe of defending them in the late war. T^he firfl: attem.pt to raife a revenue in America ap- peared in the memorable Jlamp a5i^ pafTed March 22, 1765 ; by which it was enadled that certain infiruments of writing, as bills, bonds, &c. Ihould not be valid ia law, unlefs dravvn on flamped paper, on which a duty was laid. No fooner was this ztk publi(hed in Amer- ica, than it raifed a general alarm. The people were filled with apprehenfions at an acl which they fuppof- ed an attack on their conftitutional rights. The colo- nies petitioned the king and parliament for a redrefs of the grievance, and formed aflbciations for the purpofe of preventing the importation and ufe of Britifli man- ufaftures, until theadt fliould be repealed. This fpir- ited and unanimous oppofition of the Americans pro- duced the defired effeft ; and on the i8th of March, 1766, the ftamp afl was repealed. The news of the repeal was received in the colonies with univerfal joy, and the trade between them and Great Britain was re- jjewed on the moftjibexa] footing. The j6o S K E T C H E S e/* the The parliament, by repealing this aft, io obnoxious to their American brethren, did not intend to lay afide the fcheme of raifing a revenue in the colonies, but merely to change the mode. Accordingly the next year, they palled an aft, laying a certain duty on glals, tea, paper, and painters' colors ; articles which were much wanted, and not manufaftured, in America. This aft kindled the refentment of the Americans, and excited a general oppofition to the meafure ; fo that parliament thought proper in 1770, t6 take off thefe duties, except three pence a pound on tea. Yet this duty, however trifling, kept alive the jealoufy of the colonics, and their oppofition to parliamentary taxationi continued and increafed. But it muft be remembered that the inconvenience of paying the duty was not the fole, nor principal caufc of the oppofition, it was the principU which, once ad- mitted, would have fuhjefted the colonies to unlimit- ted parliamentary taxation, without the privilege of being reprefented. The rights abftraftly confidered, "was denied ; and the fmalleft attempt to eftablifti the claim by precedent, was uniformly refifted. The A- mericans could not be deceived as to the views of par- liament ; for the repeal of the flamp a6t v^'as accompa- nied with an unequivocal declaration, " that the par- liament had a right to make laws of fufficient validity to bind the colonies in all cafes whatfoever." The colonics therefore entered into meafures to en- courage their own manufadures, and home produc- tions, and to retrench the ufe of foreign fuperfluities ; while the importation of tea was prohibited, in the royal and proprietary governments, the Governors and people were in a ftatc of continual warfare. Afl*em- blies were repeatedly called, and fuddenly difTolvcd. While fitting, the aflemblies employed the time in flat- ing grievances and framing remonrtrances. To in- flame thefe difcontents, an aft of parliament was pafT- ed, ordaining that the Governors and Judges fliould receive their fabrics of the crown ; thus making them 'independent of the provincial aflemblies, and removea- able only at the plcafure of the king. Thefe AiViERICAKr REVOLUTION. i5t Thefe arbitrary proceedings, with many others not here mentioned, could not fail of producing a rup- ture. The tirft adl of violence, was the mafTacre at Bofton, on the evening of the fifth of March, 1770. A body of Britifh troops had been flationed in Bofton to awe the inhabitants, and enforce the meafures of parliament. On the fatal day, when blood was to be Ihed, as a preclude to more tragic fcenes, a riot was raifed among fome Soldiers and boys ; the former ag- grefling by throwing fnow balls at the latter. The bickerings and jealoufies between the inhabitants and foldiers, which had been frequent before, now became ferious. A multitude was foon colledled, and ths controverfy became fo warm, that to difperfe the people, the troops were embodied and ordered to fire upon the inhabitants. This fatal order was exe- cuted, and feveral perfons fell a facrlfice. The people fedrained their vengeance at the time ; but this wan- tori a(5l of cruelty and military defpotifm fanned the fiame of liberty ; a flame that was not to be extin- guifhed but by a total feparation of the colonies from their oppreffiv and hoftile parent. In 1773, the fpirit of the Americans broke out into open violence. The Gafpee, an armed fchooner, be- longing to his Britannic Majefty, had been flationed at Providence, in Rhode liland, to prevent fmuggling* The vigilance of the commander irritated the inhabit- ants to that degree, that about two hundred armed men entered the vefTel at night, compelled the officers and men to go on fliore, and fet fire to the fchooner. A reward of five hundred pounds, offered by government for apprehending any of the perfons concerned in this daring a6f, produced no efFe6tual difcovery. About this time, the difcovery and publication of fome private confidential letters, written by the royal officers in Bofton, to perfons in office in England, ferved to confirm the apprehenfions of the American::, with refpe£t to the defigns of the Britifl-i government* It was now made obvious that more effedlual meaf- ures would be taken to eftablifh the fupremacy of the Britifh parliament over the colonies. The letters rec- M om mended 16-2 S K E T C H E S £/■ ihe ommended decifiv meafure*, and the writers were charged, by the exafperated Am&ricans, with betraying their truft and the people they governed. As tlie refohitions of the colonies not to import or confume tea, had, in a great meafure, deprived tlie Englifh government of a revenue from this quarter, the parliament formed a fcheme of introducing tea into America, under cover of the Eaft India company. For this purpofe au ail was pafTed, enabling the company to export all forts of teas, duty free, to any place what- ever. The company departed from their ufual mode of bufmefs and became their own exporters. Several fhips were freighted with teas, and fent to the Ameri- can colonies, and fadors were appointed to receive and difpofe of their cargoes. The Americans, determined to oppofe the revenue fyftem of the Englifh parliament in every poflible Ihape, confidered the attempt of the Eafl: India compa- ny to evade the refolutions of the cclonies, and difpofe of teas in America, as an indirect mode of taxation, fandioned by the authority of parliament. The peo- ple alTembled in various places, and in the large com- mercial towns, took meafuresto prevent the landing of the teas. Committees were appointed, and armed with extenilv powers to infpefl merchants' books, to propofe tefts, and make ufe of other expedients to fruf- trate the dcfigns of the Eafl India company. The fame fpirit pervaded the people from New Hampfhire to Georgia. In fome places, the conllgnees of the teas were intimidated fo far as to relinquilh their appoint- ments, or to enter into engagements not to adt in that capacity. The cargo fent to South Carolina was flor- ed, the confignees being reflra'ined from offering the tea for fale. In other provinces, the fliips were fent back without difcharging their cargoes. But in Bofton the tea fhared a more violent fate. Senfible that no Ic^al meafures could prevent its being landed, and tiiat if once landed, it would be dif[)ofed of ; a number of men in difguife, on the i8th of De- cember 1773, entered the fhips and threw overboard three AMERICAN REVOLUTION. i^ three hundred and forty cliefts of it, which was the proportion belonging to the Eaft India company. No iboner did the news of this deftru6tion of the tea reach Great Britain, than the parliament determined to pun- ifh that devoted town. On the king's laying the A- , merican papers before them, a bill was brought in and pafled, " to difcontinue the landing and difcharging, lading and fhipping of goods, wares and merchandizes at the town of Bofton, or within the harbor." This ai51:, pafled March 25, 1774, called the Bofton port bill, threw the inhabitants of Maflachufetts into the greatefi: confternation. The town of Bofton pafled a refolution, exprefling their fenfe of this opprefliv meafure, and a defire that all the colonies would con- cur td-ftop all importation from Great Britain. Moft: of the colonies entered into fpirited refolutions, on this occalion, to unite with Maflachufetts in a firm oppofi- tion to the unconftitutional meafures of the parliament. The firft of June, the day on which the port bill was to take place, was appointed to be kept as a day of hu- miliation, fafting and prayer throughout the colonies^ to feek the divine diredion and aid, in that critical and gloomy jun6lur« ofaffairsv During the height of the cOnfternation and confufioti which the Bofton port bill occafioned ; at the very time \^hen a town meeting was fitting to confider of it, Gen- eral Gage, who had been appointed to the government of Maflachufetts, arrived in the harbor. His arrival however did not allay the popular ferment, or check the progrefs of the meafures then taking, to unite the col- onies in oppofltion to the opprefliv aft of parliament. . But the port bill was not the only aS: that alarmed the apprehenflons of the Americans. Determined to compel the province of MaflTachufetts to fubmit to their laws, parliament pafled an a6l for " the better regulat- ing government in the province of Maflachufetts Bay." The objeiSt of this a£t was to alter the government, as it flood on the charter of king William, to take the ap- pointment of the executiv out of the hands of the peo- ple, and place it in the crown ; thus milking even the M 2 judges i64 SKETCHES cf the judges and fheilffs dependent on the king, and re* moveable only at his pleafurc. This a£l was foon followed by another, which or- dained that any perlbn, indicted tor murder, or other capital offence, committed in aiding the magiftrates in executing the laws, might be fent by the governor ei- ther to another colony, or to Great Britain for his trial. This was foon followed by the Quebec bill ; which extended the bounds of that province, and granted many privileges to the Roman Catholics. The ob- jeiSt of this bill was, to fecure the attachment of that province to the crown of England, and prevent its joining the colonies in their refiftance to the laws of parliament. But thefe meafures did not intimidate the Ameri- cans. On the other hand they ferved to confirm their former apprehenlions of the evil defigns of government, and to unite the colonies in their oppofition. A cor- refpondence of opinion with refpeil to the unconfiitu- tional ads of parliament, produced a uniformity of proceedings in the colonies. The people generally concurrred in a propofition for holding a Congrcfs by deputation from the feverai colonies, hi order to con- cert meafures for the prefervation of their rights. Dep- uties were accordingly appointed, and met at Philadel- phia, on the 26th of October, 1774. In this firft Congrefs, the proceedings wefe cool, de- liberate and loyal ; but marked v\'ith unanimity and firmnels. Their firfl: a(5t was a declaration, or flate of their claims as to the enjoyment of all the rights of Britifli fubjeds, and particularly that of taxing them- felves exclufivly, and of regulating the internal polics of the colonies. They alio drew up a petition to the king, complaining of their grievances and praying for a repeal of the unconftitutional and opprefllv aiits of parliament. They figned an aflbciation to fufpcnd the importation of Britifli goods, and the exportation of American produce, until their grievances (hould be re- drelTcd. 1 hey fent an addrefs to the inhabitants of Great iBritain, and another to the people of America 1 in AMERICAN REVOLUTION. 16.5 in the former of which they enumerated the opprefiiv fteps of parliament, and called on their Britifli brethren not to aid the miniftry in enflaving their American fubjects ; and in the latter, they endeavored to confirm the people in a fpirited and unanimous determination to defend their conftitutional rights. In the mean time, every thing in Maflachufetts wore the appearance of oppofition by force. A new council for the Governor had been appointed by the crown . New judges were appointed, and attempted to proceed in the execution of their office. But the juries refufed to be fworn under them ; in fome counties, the people af- iembled to prevent the courts from proceeding to buf- inefs ; and in Berk (hire they fucceeded, fetting an ex- ample of refiftance that has fince been followed, in vio- lation of the laws of the State. In this lituation of affairs, the day for the annual niufter of the militia approached. General Gage, ap- prehenfiv of fome violence, had the precaution to feize the magazines of ammunition andftores at Cambridge and Charleftown, and lodged them in Bofton. This meafure, with the fortifying of that neck of land which joins Boflon to the main land at Roxbury, caufed a univerfal alarm and ferment. Several thoufand people aflembled, and it was with difficulty they could be re- ftrained from falling upon the Britilh troops. On this occafion, an affembly of delegates from all the towns in Suffolk county, was called ; and feveral fpirited refoiutions were agreed to. Thefe refolutions were prefaced with a declaration of allegiance ; but they breathed a fpirit of freedom that does honor to the delegates. They declared that the late afls of par- liament and the proceedings of General Gage, v/ere glaring infraiffions of their rights and liberties, which their duty called them to defend by all lawful means. This affembly remonflrated againlf the fortiiication of Bofton neck, and againft the Quebec bill ; and re- folved upon a fufpenfion of commerce, and encourage- ment of arts and manufa(5fures, the holding of a pro- yi??cjal Congrefs, and a fubmilTion to the mealures ^ which 166 S K E T C H E S e/" '^^^ which fliould be recommended by the Continental Congrefs. '1 'hey recommended that the colle£lors of taxes fhould not pay any money into the treafury, with-r out further orders ; they alfo recommended peace and good order, as they meant to a£l merely upon the dc- fenllv. In anfwer to their remonftrance, General Gage af- fured them that he had no intention to prevent the free cgrefs and regrefs of the inhabitants to and from the town of Bofton, and that he would not fuffer any per- Ibn under his command to injure the perfon or proper- ty of any of his majcfty's fubjecls. Previous to this, a General Afiembly had been fum- moned to meet ; and notwithftanding the writs had been countermanded by tl^c Governor's proclamation, on account of the violence of the times and the refig-. nation of feveral of the new counfellors, yet reprefen- tativs were chofen by the people, who met at Salem, re-p folvcd themfelves into a provincial Congrefs, and ad- journed to Concord. This Congrefs addreffed the Governor with a re- hearfal of their dlilrefTes, and took, the necejTary ftcps for defending their rights. They regulated the militia, made provilion for fupplying the treafury, and furnifn- jng the people with arms ; and fuch was the enthufiafm and union of the people, that the recommendations of the provincial Congrefs had the force of laws. General Gage was incenfed at thefe meafures ; he declared, in his anfwer to the addrefs, that Britain could never harbor the black deilgn of enflaving her fubjedis, apd publiflied a proclamation in which hein- finuated that iuch proceedings amounted to rebellion. He alfo ordered barracks to be erciSled for the foldiers ; but he found difficulty in procuring laborers, either iix Bofton or New York. In the beginning of 17 75, thefifhery bills were paflcd in parliament, by which the colonies were prohibited W trade with Great Britain, Ireland or the Weft Indies, »r tp take fift) on the banks of Newfoundland. In AMERICAN REVOLUTION. 167 In the dlftreiTes to wliich thefe a'51s of parliament re- duced the town of Bofion, the unanimity of the colo- nies was remarkable, in the large fupplies of provifion, turniflied by the inhabitants of different towns from New Hampfnire to Georgia, and fliipped to the relief of the fuffercrs. Preparations began to be made, to oppofe by force^ the execution of thefe afls of parliament. The mili- tia of the country were trained to the ufe of arms ; great encouragement was given for the manufacture of gunpowder, and meafures were taken to obtain all kinds of military ftores. In February, Colonel Leflie was fent with a detacl:- ment of troops from Bofton, to take pofielllon of fome cannon at Salem. But tlw people had intelligence of the delign, took up the draw bridge in that town, and prevented the troops from paffing, until the cannon were fecured ; fo that the expedition failed. In April, Colonel Smith, and Major Pitcairn were fent with a body of about nine hundred troops, to de- ftroy the military ftores which had been colledied at Concord, about twenty miles from Bofton. It is be- lieved, that another object of this CKpedition, was to feize on the perfons of Mefirs. Hancock and Adams, who, by their fpirited exertions, had rendered them- felves very obnoxious to General Gage, /ft Lexing- ton, the militia were colledled on a green, to oppofe the incuruon of the Britifh forces. Thefe were fired upon by the Britifti troops, and eight men killed on the fpot. The militia were difperfed, and the troops proceeded to Concord ; where they deftroyed a few ftores. But on their return, they were inceflantly harrafled by the Americans, who, iniiamed with juft refentment, fired upon them from- houfes and fences, and purfued them to Bofton. The lofs of the Britifn in this expedition, in killed, wounded and prifoners, was two hundred and fcventy three men. ^ Here was fpilt the Jir/i blood in the late war ; a vi-ar vhich fevered America frpm the Britifh empire. Llx^ ingUn i68 SKETCHES of the ington opened the firil fcene of this great drama, wliich, in its progrcfs, exhibited the moft illuflrious characters and events, and clofed with a revolution, equally glori- ous for the adtors, and important in its confequences ta mankind. This battle roufed all America. The militia col- Ie<5led from all quarters, and Bolton, in a few days was belieged by twenty thoufand men. A ftop was put ta all intercourfe between the town and couniiy, and the inhabitants were reduced to great want of provifions. General Gage promifed to let the people depart, if they would deliver up their arms. The people complied ; but when the General had obtained their arms, the perfidious man refufed to let the people go. In the mean time, a fmall number of men, to the amount of about two hundred and forty, under the command of Colonel Allen, and Colonel Eafton, with- out any public orders, furprifed and took the Eritifh garrifons at Ticonderoga and Crown Point, without the lofs of a man on either fide. During thefe tranfactions, the Generals Howe, Bur- goyne, and Clinton, arrived at Bofion from England, with a number of troops. In June following, our troops attempted to fortify Bunker's hill, which lies near Charleftown, and but a mile and an half from Bofton. They had, during the night, thrown up a fmall bread: work, which fheltered them from the iire of the Britifli cannon. But the next morning, the Britifh army was fent to drive them from the hill, and, landing under cover of their cannon, they fet fire to Charlcdown, which was confumed, and marched to attack our troops ia the entrenchments. A fevere en- gagement enfued, in which the Britifli, according to their own accounts, had feven hundred and forty kill- ed, and eleven hundred and fifty wounded. They were repulfed at firfi, and thrown into dilbrder ; but they finally carried the fortification, with the point of the bayonet. The Americans fufFered a fmall lofs, compared with the Britifli j the whole lofs in killed, wounded, and prifoners, bein§; but about four hundred and fifty. The AMERICAN REVOLUTION. 169 The lofs moft lamented on this bloody day, was that of Dr. Warren, who was at this time a Major General, and commanded the troops on this occafion. He died like a brave man, lighting valiantly at the liead of his party, in a little redoubt at the right of our lines. General Warren, who had rendered himfelf cdn- fpicuous by his univerfal merit, abilities, and eloquence, had been a delegate to the iirft general Congrels, and v;as at this time Prefideni of the provincial Congrefs of MalTachufetts. But quitting the humane and pfeace- able walk of his profefTion as a phyfician, and breaking through the endearing ties of family connexions, he proved himfelf equally calculated for the field, as for public bufinefs or private fcudy. About this^ime, the Continental Congrefs appoint- ed George Waftiington, Efq. a nativ of Virginia, to the chief command of the American i-.rmy. This gentleman had been a diftinguiflied and fuccefsful of- licer in the preceding war, and he feemed deftined by heaven to be the favior of his country. He accepted the appointment with a diffidence which was a proof of his prudence and his greatnefs. He refufed any pay for eight years laborious and arduous fervice j and by his matchlefs Ikill, fortitude and perfeverance, condu(5l- cd America thro indefcribeable difficulties, to inde- pendence and peace. While true merit is efteemed, or virtue honored, mankind will never eeafe to revere the memory of this Hero i and while gratitude remains in the human breafl, the praifes of Washington (hall dwell on ev- ery American tongue. General Wafliington, with other officers appointed by Congrefs, arrived at Cambridge, and took com- mand of the American army in July. From this time, the affairs of America began to afiume the ap- pearance of a regular and general oppcfition to the iorces of Great Britain. In autumn, a body of troops, under the command pf General Montgomery, beiicged and. took the gar- rifun 170 SKETCHES of the rifon at St. John's, which commands the entrance in- to Canada. The prifoneis amounted to about fcven liundred. General Montgomery purfued his fucccfs, and took Montreal ; and defigned to pu(h his vidories to Quebec. A body of troops, commanded by General Arnold, "was ordered to march to Canada, by the river Kenne- beck, and through the wildernefs. After fuffering ev- ery hardfliip, and the moft diftrelfing hunger, they ar- rived in Canada, and were joined by General Mont- gomery, before Qiiebec. This city, which was com- manded by Governor Carleton, was immediately bc- fieged. But there being little hope of taking the town by a fiege, it was determined to ftorrn it. The attack was made on the laft day of December, but proved unfuccefsful, and fatal to tlj^e brave Gen- eral, who, with his aid, was killed in attempting to fcale the walls. Of the three diviuons which attacked the town, one only entered, and that was obliged to furrender to fu- perior force. After this defeat, General Arnold, who now commanded the troops, continued fome months before Quebec, altho iiis troops fuffered incredibly by cold and ficknefs. But the next fpring, the Americans were obliged to retreat from Canada. About this time, the large and tlouriiliing town of Norfolk, in Virginia, was wantonly burnt by order of lord Dunmore, the then royal Governor of that province. General Gage went to England in September, and was fuccecded in the command, by General IIowc. Falmouth, a confiderable town in the province of. Maine, in Maffachufetts, Ihared the fate of Norfolk j being laid in aflies by order of the Britifn admiral. llie Britifli king entered into treaties with fome of the German princes /or about fevcnteen thoufand men, who were to be font to America the next year, to aflllt in fubduing the colonies. The parliament alfo pafied an a>5l, forbidding all intercourfe with America ; and while they repealed the Bofton port and filhery bills, they declared all American property on the high fcas, forfeited AMERICAN REVOLUTION. 171 forfeited to the captors. This a£t induced Congrefs to change the mode of carrying on the war ; and meaf- ures were taken to annoy the enemy in Borton. lor this purpofe, batteries were opened en feveral hiils, from whence fliot and bombs were thrown into the town. But the batteries which were opened on Dor- chefter point had the beft effecl:, and foon obhged Gen- eral Howe to abandon the town. In March, 1776, the Britifh troops embarked for Halifax, and General Waftiington entered the town in triumph- • In the enfuing fummer, a fmali fquadron of (hips commandpd by^ir Peter Parker, and a body of troops under the Generals Clinton and Cornwaliis, attempted to take Charlefton, the capital of South Carolina. The fhips made a violent attack upon the fort on Sullivan's Ifland, but were repulfed with great lofs, and the ex- pedition was abandoned. In July, Congrefs publifhed tlieir declaration of in- dependence, which feparated America from Great Britain. This great event took place two hundred and eighty four years after the firft difcovery of America by Columbus ; one hundred and fixty fix, from the firll effeitual fettlement in Virginia ; and one hundred and fifty fix from the firft fettlement of Plymouth, in Maf- fachufetts, vhich were the earlieft Enghlh fettlements in America. Juft after this declaration. General Howe with a powerful force arrived near New York, and landed the troops upon Staten Illand. General Wafhington was ihNew York with about thirteen thoufand men, who were encamped either in the city or the neighboring fortifications. The operations of the Britifh began by the a<3;ion on Long Ifland, in the month of Auguil. The Ameri- cans were defeated, and General Sullivan and lord Sterling, with a large body of men, were made prifon- ers. 1 he night after the engagement, a retreat was ordered, and executed with fuch fiience, that the A- mericans left the ifland without alarming their ene- mies, and without lofs. 1?» 172 SKETCHES ^y the In September, the city of New York was abandoned by the American army, and taken by the liritilh. In November, Fort "VVafliington, on Yoik Ifland, ■was taken, and ' more than tv;o thoufand men made prifoners. Fort Lee, oppofit to Fort Wafhington, on the Jerfey fiiore, was foon after taken, but the garrifoii cfcaped. About the fam.e time, General Clinton v/as fent with a body of troops to take pofieflion of Rhode Iiland ; and fucceeded. In addition to all thefe lofles gnd defeats, the American army fuffered by defertion, and more by ficknefs, which was epidemic, and very mortal. The northern army at Ticonderoga, was in a difa- greeable fituation, particularly after the battle on Lake Champlain, in which the American force, confifting of a few light velTels, under the command of Generals Arnold and V/aterbury, was totally difperfed. But General Carleton, inftead of purfuing his victory, land- ed at Crown Point, reconnoitered our ports at I'icon- deroga and Mount Independence, and returned to winter quarters in Canada. The American army might now be (aid to be no more. All that now remained of an army, which at the opening of the campaign, amounted to at leall twenty five thoufand men, did not now exceed three thoufand. The term of their engagement* being ex- pired, they returned, in large bodies, to their families and friends ; the few, who from perfonal attachment, local circumftanccs, or fuperior perfeverance and brav- ery, continued with the Generals Wadiington and Lee, were too inconfiderable to appear formidable in the view of a powerful and vidlorious enemy. In this alarming and critical fituation of affair^. General Lee, through an imprudent careleffnefs, which ill became a man in his important ftation, was cap- tured by a party of the Britifh light horfe, commanded by Colonel Harcourt ; this unfortunate circumftance gave a fevere fliock to the remaining hopes of the lit- tle armv, and rendered their fituation truly dillreflmg. While AMERICAN REVOl!UTION. 173 \Vhile thefe things were tranfafting in New Jerfey, General Walhington, far from being difcouraged by the Jofs of General Lee, and always ready to improve every advantage to raife the drooping fpirits of his handful of men, had made a ftand on the Penfylva- nia fide of the Delaware. Here he colleded his Mat- tered forces, called in the afliftance of the Penfylvania militia, and on the night of the 25th of Decemberj (1776) when the enemy were lulled into fecurity by the idea of his weaknefs, and by the inclemency of the night, which was remarkably boifterous, as well as by the fumes of a Chriftmas eve, he croffed the river, and at the breaking of day, marched down to Trenton, and fo completely furprifed them, that the greater part of the detachment which were ftationed at this place, fur- rendered after a {hort refiftance. The horfemen and a few others made their efcape at the oppofit end of the town. Upwards of nine hundred Heffians were taken prifoners at this time. Tiiis fuccefsful expedition firil gave a favorable turn to our I'itairs, which, after this, feemed to brighten thro the whole courfe of the war. Soon after, Gen- eral Washington attacked the Britifli troops at Prince- ton, and obtained a complete vidtory ; not, however, without being bravely oppofed by Colonel Mawhood, The addrefs in planning and executing thefe enter* prifes, reflected the higheft honor on the commander, and the fuccefs revived the defponding hopes of Amer- ica. The lofs of General Mercer, a gallant officer, at Princeton, was the principal circumftance that allayed the joys of vidlory. The following year, 1777, was diftinguifhed by very memorable events, in favor of America. On the op- ening of the campaign, Governor Tryon was fent with. a body of troops, to deftroy the ftores at Danbury, in Connedlicut. This plan was executed, and the town moftly burnt. The enemy fuffered in their retreat, and the Americans loft General Woofter, a brave and experienced officer* General f 74 S K E T C H E S the articles of confederation were ratified, as the frame of government for the United States. Thefe articles, however were framed during the rage of war, when a principle of common fafety fupplied the place of a coerciv power in government j by men who could have had no experience in the art of gov- erning an extenfiv country, and under circumftances the moft critical and embarraffing. To have offered to the people at that time, a fyftem of government armed with the powers neceffary to regulate and con- trol the contending interefts of thirteen States, and the poffeffions of millions of people, might have raifed a jealoufy between the States or in the minds of the peo- ple at large, that would have weakened the operations of war, and perhaps have rendered a union impradi- cable. Hence the numerous defeds of the confeder- ation. On the conclufion of peace, thefe defects began to be felt. Each State aflumed the right of difputing the propriety of the refolutions of Congrefs, and the in- tereft i84 SKETCHES^/ the tereft of an individual State was placed in oppofition to the common intereft of the union. In addition to this fourcc of divifion, a jealoufy of the powers of Con- grefs began to be excited in the minds of people. This jealoufy of the privileges of freemen, had been roufed by the opprefliv acts of the Britifh parliament ; and no fooner had the danger from this quarter ceafed, than the fears of people changed their object, and were turned againft their own rulers. In this fituation, there were not wanting men of in- duftry and talents, who had been enemies to the revo- lution, and who embraced the opportunity to multiply the apprchenlions of people and increafe the popular difcontenti. A remarkable inltance of this happened in Connecticut. As foon as the tumults of war had fublided, an attempt was made to convince the people, that the a6t of Congrefs palled in 177B, granting to the officers of the army, half pay for life, was highly unjuft and tyrannical ; and that it was but the rirlt Itep to- wards the eltablilhment of penfions and an uncontrol- abledefpotifm. The act of Congrefs, pafTed in 17B3, commuting half pay for life for five years full o^y, was defigned to appeafe the apprehenfions of people, and to convince them that this gratuity was intended merely to indemnify the officers for their lofles by the depre- ciation of the paper currency j and not to eftablilh a precedent for the granting of penfions. This a(5t, however, did not fatisfy the people, who fuppofcd that the officers had been generally indemnified for the lofs o'i their pay, by the grants made them from time to time by tlie legillatures of the fcveral States. Befides the act, while it gave five years full pay to the officers, allowed but one year's pay to the privates ; a diftinc- tion which had great influence in exciting and contin- uing the popular ferment, and one that turned a large fhare of the public rage againlt the officers themfelves. The moment an alarm was raifed refpetSting this atS of Congrefs, the enemies of our independence became a6tiv in blowing up the flame, by fpreading reports un- favorable to the general government, and tending ;o create AMERICAN REVOLUTION. 185 create public diflenfions. Newfpapers, in fome parts of the country, were filled with inflammatory publica- tions ; while falfe reports and groundlefs infinuations were induftrioufly circulated to the prejudice of Con- grefs and the officers of the late army. Among a peo- ple feelingly alive to every thing that could affe6t the rights for which they had been contending, thefe re- ports could not fail of having a powerful effedl: ; the clamor foon became general ; the officers of the army, it was believed, had attempted to raife their fortunes on the diflrefles of their fellow citizens, and Congrels be- come the tyrants of their country. Connedicut was the feat of this uneafinefs ; altho other States were much agitated on the occafion. But the inhabitants of that State, accuftomed to order and a due fubordination to the laws, did not proceed to outrages ; they took their ufual mode of collei3:ing the fenfe of the State ; afficmbled in town meetings ; ap- pointed committees to meet in convention, and confult what meafures fhould be adopted to procure a redrefs of their grievances. In this convention, which was held at Middletown, fome nugatory refolves were pafT- cd, exprelling a difapprobation of the half pay ad>, and the fubfequent commutation of the grant for five years whole pay. The fame fpirit alfo difcovered itfeJf in the aflembly, at their Otflober feffion, in 1783. A re- monftrance againfl the a6ls in favor of the officers, was framed in the houfe of reprefentativs, and notwith- /landing the upper houfe refufed to concur in the meaf- lure, it was fent to Congrefs. During this fituation of affairs, the public odium againft the officers, was augmented by another circum- ftance. The offi.cers, juft before the dilbanding of the army, had formed a fociety, called by the name of the Cincinnoiti^ after the Roman Dictator, Cincinnatus, which, it was laid, was intended to perpetuate the mem- ory of the revolution, the friendfhip of the officers, and the union of the States ; and alfo to raife a fund for the relief of poor widows and orphans, whofe hulbands end fathers had fallen during the war, and for their defcendants. i86 SKETCHES of the defcendants. The fociety was divided into State fq- cieties, which were to meet on the 4th of July, and •with other bufinefs, depute a number of their members to convene annually in general meeting. The mem- bers of the inftitution were to bedillinguifhed by wear- ing a medal, emblematical of the defign of the fociety, and the honors and advantages were to be hereditary in the eldefl: male heirs, and in default of male iffue, in the collateral male heirs. Honorary members were to be admitted, but without the hereditary advantages of the fociety, and provided their number fliould never exceed the ratio of one to four of the officers or their defcendants. Whatever were the real views of the framers of this inftitution, its dcfign was generally underftood to be harmlefs and honoiable. The olfenfible views of the fociety could not however fkreen it from popular jeal- oufy. A fpirited pamphlet appeared in South Caro- lina, the avowed producfion of Mr. Burke, one of the judges of the fupreme court in that State, in which the author attempted to prove that the principles, on which the fociety was formed, would, in procefs of time, originate and ellabiifli an order of nobility in tiiis coun- try, which w^ould be repugnant to the genius of our republican governments, and dangerous to liberty. This pamphlet appeared in Conne^tjcut, during the commotions raifed by the half pay and commutation acts, and contributed not a little to fpread the flame of oppofition. Nothing could exceed the odium which prevailed at this time, againfl the men who had haz- arded their perfons and properties in the revolution. Notwithftanding the difcontents of the people were general, and ready to burrt: forth in fedition, yet men of information, viz. the officers of government, the clergy, and perfons of liberal education, were moftly oppofed to the unconftitutional fleps taken by the com- mittees and convention at Middletovv'n. They fup- ported the propriety of the meafures of Congrefs, both by converfation and writing, proved that fuch grants to the army were necefiary to keep the troops together, and AMERICAN REVOLUTION. 187 and that the expenfe would not be enormous nor op- preffiv. During the clofe of the year 1783, every pof- fible exertion was made to enhghten the people, and luch was the efFe^ of the arguments ufed by the mi- nority, that in the beginning of the following year, the oppofition fubfided, the committees were difmifled, and tranquillity reftored to the State. In May, the legifla- ture were able to carry fcveral meafures which had be- fore been extremely unpopular. An act was paffed, granting the impoft of five per cent, to Congrels ; an- other giving great encouragement to commerce, and feveral towns were incorporated with extenfiv privi- leges, for the purpofe of regulating the exports of the State, and facilitating the colle(5iion of debts. The oppofition to the Congreffional a6ts in favor of the officers, and to the order of the Cincinnati, did not rife to the fame pitch in the other States as in Connec- ticut ; yet it produced much diHurbance in Mafiachu- fetts, and fome others. Jcaloufy of power had been univerfally fpread among the people of the United States. The deftrudion of the old forms of govern- ments, and the licentioufnefs of war had, in a great meafure, broken their habits of obedience ; their paf- fions had been inflamed by the cry of defpotifm ; and Jike centinels, who have been fiiddenly furprifed by the approach of an enemy, the ruftling of a leaf was fuf- iicient to giv them an alarm. This fpirit of jealoufy, which has not yet fubfided, and which will probably continue vifible during the prefent generation, operated with other caufes to relax the energy of our federal operations. During the war, vaft fums of paper currency had been, emitted by Congrefs, and large quantities of fpe- cie h^d been introduced, tow^ards the dole of the war, by the French army, and tlse Spanifti trade. This plenty of money enabled the States to comply vvith the hrft requifitions of Congrefs ; fo that during two or three years, the federal trcafury was, in fome mcafurc, fupplied. But when the danger of war had ceafed, and the vaft importations of foreign goods had lefiTened the quantity |88 S K E T C H E S £/- th quantity of circulating fpecie, the States began to be very remlfs in furnifhing their proportion of monies. The annihihtion of the credit of the paper bills had totally flopped their circulation, and the fpecie was leaving the country in cargoes, for remittances to Great Britain ; flijl the luxurious habits of the people, con- trailed during the war, called for new fupplies of goods, and private gratification feconded the narrow policy of State intcrefl: in defeating the operations of the general government. Thus the revenues of Congrefs were annually di- minifhing ; fome of the States wholly neglei^ling to iTialee proviHon for paying the intereft of the national debt ; others making but a partial provifion, until the fcanty fupplies received from a few of the rich States, would hardly fatisfy the demands of the civil lift. This weaknefs of the federal government, in con- junftion with the flood of certificates or public fecuri- ties, which Congrefs could neither fund nor pay, occa- . fioned them to depreciate to a very inconfiderable val- ue. The officers and foldiers of the late army were obliged to receive for wages thefe certificates, or prom- iflary notes, which paiTed at a fifth, or eighth, or a tenth of their nominal value; being thus deprived at once of the greatell part of the reward due for their fervices. Some indeed profited by fpeculations in thefe evidences of the public debt ; but fuch as were under a necefilty of parting with them, were robbed of that fupport which they had a right to expefl and demand from their countrymen. Penfylvania indeed made provifion for paying the in-; terell: of her debts, both State and federal; affuming her fuppofed proportion of the continental debt, and giving the creditors her own State notes in exchange tor thofe of the United States. The refources of that State are immenfe, but (he has not been able to make punclual payments, even in a depreciated paper cur- rency. Maflachufetts, in her zeal to comply fully with the r^quifitions of Congrefs, and fatisfy the demands of AMERICAN REVOLUTION. 189 her own creditors, laid a heavy tax upon the people. This was the immediate caufe ot the rebellion in that State, in 1786. But a heavy debt lying on the State, added to burdens of the lame nature, upon almort: every incorporation within it ; a decline, or rather an extmition ot public credit ; a relaxation and corruption of manners, and a free ufe of foreign luxuries ; a decay of trade and manufactures, with a prevailing fcarcity of money ; and, above all, individuals involved in debt to each other : Thefe were the real, though more remote caufes of the infurrection. It was the tax which the peo- ple were required to pay, that caufed them to feel evils which we have enumerated : This called forth all their other grievances ; and thefirll; adt of violence commit- ted, was the burning or deftroying of a tax bill. I'his kdition threw the State into a convulfion which lafted about a year ; courts of juftice were violently obftrudt- ed J the coUeclion of debts was fufpended ; and a body of armed troops, under the command of Gener^al Lin- coln, was employed during the winter of 1786, to dif- perfe the infurgents. Yet fo numerous were the latter in the counties of Worcefier, Hampfhire and Berk- fhire, and fo obftinately combined to oppofe the execu- tion of law by force, that the Governor and Council of the State thought proper not to intrufl General Lin- coln with military powers, except to ai5l on the defen- Hv, and to repel force with force, in cafe the infurgents Ihould attack, him. The leaders of the rebels however were not men of talents ; they were defperate, but without fortitude ; and while they were fupported with a fuperior force, they appeared to be imprefled with that confcioufnefs of guilt, which awes the moft daring wretch, and makes him fiirink from his purpofe. This appears by the conduft of a large party of the rebels before the magazine at Springfield ; where General Shepard with a fmall guard, was ftationed to protedt the continental ftores. The infurgents appeared upon the plain, with a vaft fuperiority of numbers, but a few ftiot from the artillery made the multitude retreat ia diforder, with tlie lofs of four men. This fpirited con- dudt Igd SKETCUES of the dufl of General Shepard, with the induftry, perfeve- rance and prudent iirmnefs of General Lincoln, dlf- perfed the rebels, drove the leaders fro:n the State, and feftored tranquillity. An iiit of indemnity was paiTed in the Legidature for all the infurgents, except a few leaders, on condition they (hould become peaceable fubje(5ts, and take the oath of allegiance. The leaders afterwards petitioned for pardon, which, from motivs of policy, was granted by the Legiflature. But the lofs of public credit, popular difturbances, and infurreiflions, were not the only evils which v/erei generated by the peculiar circumftances of the times. The emiflions of bills of credit and tender laws, were added to the black catalogue of political diforders. The expedient of fupplying the deficiencies of fpe- cie, by emiffions of paper bills, was adopted very early in the colonies. The expedient was obvious and pro- duced good eftcvfts. In a new country, where popula- tion is rapid, and the value of lands increafing, the farmer finds an advantage in paying legal intereil for money ; for if he can pay the intereft by his profits* the increafing value of his lands will, in a few years, difciiarge the principal. In no colony was this advantage more fenfibly ex-» perienced than in Penfylvania. The emigrants to that province were numerous j the natural population rapid ; and thefe circumftances combined, advanced the value of real property to an aftonilhing degree. As the firft; fettlers there, as well as in other provinces, were poor, the purchafe of a few foreign articles drain- ed thern of fpecie. Indeed for many years, the balance of trade muft have neceffarily been greatly againtl: the colonics. But bills of credit, emitted by the State and loaned to the indurtrious inhabitants, fupplied the want of fpecie, and enabled the farmer to purchafe ftock. 'Fhefe bills were generally a legal tender in all colonial or private contra(^ts, and the fumsiffued did not gener- ally exceed the quantity requifit for a medium of trade j thev retained their full nominal value in the purchafe of AMERICAN REVOLUTION. 191 of commodities. J'ut as they were not received by the Britifii merchants, in payment for goods, there was a great demand for fpecie and bills, which occafioned the jatter at various times to appreciate. Thus was intro- duced a difference between the Englifh fterling money and the currencies of the colonies which remains to this day.* The advantages the colonies had derived from bills of credltj under the BritiHi government, fuggeded to Congrefs, in 1775, the idea of ifTuing bills for the pur- pofe of carrying on the war. And this was perhaps their only expedient. Money could not be raifed by taxation ; it could not be borrowed. The firft emif- fions had no other effe£l upon the medium of com- merce, than to drive the fpecie from circulation. But when the paper fubftituted for fpecie, had, by repeated ^millions, augmented the fum in circulation, much beyond the ufual fum of fpecie, the bills began to lofe itheir value. The depreciation continued in proportion to the fums emitted, until feventy, and even one hund- red and fifty nominal paper dollars, were hardly an equivalent for one Spanifh milled dollar. Still from the year 1775 to I78i,this depreciating paper cun-ency was almoft the only medium of trade. It fupplied the place of fpecie, and enabled Congrefs to fupport a nu- inerous army ; until the fum in circulation amounted to two hundred millions of dollars. But about the year 1780, fpecie began to be plentiful, being introduc- ed by the French army, a private trade with the Span- ifh illands, and an illicit intercourfe Vvfith the Britifh garrifon at New York. This circumftance accelerated the depreciation of the paper bills, until their value had funk almoft to nothing. In 1781, the merchants and ' brokers * A dollar, in flerling money, is 4/6, But the price of a dollar rofe in New England currency to df \ in New York to %f \ in New Jerfey, Penfylvania and Maryland to 7/6 ; in Vir- ginia to 6/; in North Carolina to 8/; in South Carolina and Georgia to 4/8. This difference, originating between paper and fpecie, or bills, continued afterwards to exilt in the nom- inal ehimation of gold and filver. h'nmkJins Mifcel. Worksop. 217* 192 S Pt E T C H E S ^/ the brokers in the fouthern States, apprehenfiv of the sft* proaching fate of the currency, pulhed iniiBenfe quan- tities of it fuddenly into New England, made vaft pur* chafes of goods in Bofton, and inftantly the bills vanilh- ed from circulation. The whole hiftory of this continental paper is a hif- tory of public and private frauds. Old i'pecie debts were often paid in a depreciated currency, and even new contracts for a few weeks or days were often dif- charged with a fmall part of the value received. From this pJenty and flu>5luating ftate of the medium, fprung hofts of fpeculators and itinerant traders, who left tiieir honell: occupations for the profpe6l of immenfe gains, in a fraudulent bufmefs, that depended on no fixed principles, and the profits of which could be reduced to no certain calculations. To increafe thefe evils, a proje6l was formed to fix the prices of articles, and reftrain perfons from giving or receiving more for any commodity than the price ilated by authority. Thefe regtilating a£ls were reprobated by every man acquainted with commerce and finance j as they were intended to prevent an efFe6t without re- moving the caufe. To attempt to fix the value of money, while fireams of bills were inceffantly flowing from the treafury of the United States, was as ridicu- lous as an attempt to rellrain the rifing of water in riv- ers amidfi (bowers of rain. Notwithrtanding all oppofition, fome States framed and attempted to enforce thefe regulating acls. The effei5l was, a momentary apparent Hand in the price of articles ; innumerable ai^s of collufion and evafion a- mong the dilhoneft ; numberlefs injuries done to the honell ; and finally a total difregard of all fuch regu- lations, and the confequential contempt of laws and the authority of the magifirate. During tlicfe fluctuations of bufinefs, occafioned by the variable value of money, people loft fight, in fome meafure, of the fteadv' principles which had before gov- erned their intercourfe with each other. Speculations followed and relaxed the rigor of commercial obliga- tions, ^ Induilry AMERICAN REVOLUtlON. 193 induftry likewife had fufFcred by the flood of money which had deluged the States. The prices of produce had rifen irv proportion to the quantity of money in. circulation, and the demand for the commodities of the country. This made the acqu-.fition of money eafy, and indolence and lujcury, with their train of defolating confequeqces, fpread themfelves among all defcriptions of people- But as foon as hoftjlitles between Great Britain and America were fufpended, the fcene was changed. The bills emitted by Congrefs had long before ceafed to cir- culate ; and the fpecie of the country was foon drained off to pay for foreign goods, the importations of which exceeded all calculation. Within two years from the clofe of the war, a fear city of money was the general cry. The merchants found it impoffible to collect their debts, and make punctual remittances to trieir creditors in Great Britain ; and the confumers were driven to the neceffity of retrenching their fuperfluities in living and of returning to their ancient habits of induftry and economy. This change was however progrefliv and flow. In many of the States wliich fufFered by the numerous debts they had contrai^ed, and by the diftrefles of war, the people called aloud for emilFions of paper bills td fupply the deficiency of a medium. The depreciation of the continental bills, was a recent example of the ill effe£ls of fuch an expedient, and the impoflibility oc fupporting the credit of paper, was urged by the oppof- ers of the meafure as a fubftantial argument againft adopting it. But nothing would filence the popular clamor ; and many men of the firft talents and emi- nence, united their voices with that of the populace. Paper money had formerly maintained its credit, and been of fingular utility ; and paft- experience, notwith- ftanding a change of circumftances, was an argument in its favor that bore down all oppofition. Penfylvania, although one of the richeft States in the union, was the firft to emit bills of credit, as a fub- ftitute for fpecie. But the revolution had removed the O neceffity 194 SKETCHES ^/ the neceflity of it, at the fame time that it had deflroyed the means by wJiich its former credit had been fupport- ed. Lands, at theclofe of the war, were not rifing in value ; bills on London could not fo readily be pur- ehafed, as while the province was dependent on Great Britain ; the State was fplit into parties, one of which attempted to defeat the meafures mofl popular with the other ; and the depreciation of continental bills, with the injuries which it had done to individuals, infpired a general diftruft of all public promifes. Notwithftanding a part of the money was loaned on good landed fecurity, and the faith of that wealthy State pledged fot" the redemption of the whole at its nominal Value, yet the advantages of fpecie as a medium of commerce, efpecially as an article of femittance to London, foon made a difference of ten per cent, be- tween the bias of credit and fpecie. This difference may be confidered rather as an appreciation of gold and filver, than a depreciation of paper ; but its effefts, in a commercial State, muff be highly prejudicial. It opens the door to frauds of all kinds, and frauds are iifualiy pra£tifed on the honeft and unfufpeding, efpec- ially upon all clafles of laborers. This currency of Penfylvania is receivable in all pay- ments at the curtom houfe, and for certain taxes, at its nominal value ; yet it has funk to two thirds of this value, in the few commercial tranfadions where it is received. North Carolii)ji, South Carolina, and Georgia, had recourfe to the fame wretched expedient to fupply themfelves with money ; not reflefting that induftry, frugality, and good commercial laws are the only means of turning the balance of trade in favor of a country, and that this balance is the only permanent fourc€ of folid wealth and ready money. But the bills they emitted (hared a worfe fate than thofe of Penfylvania j ihey expelled almoft all the circulating calh from the States ; they loft a great part of their nominal value ; they impoverifhed the merchants, and cmbarraficd the j/hntcrs. Th« AMERICAN REVOLUTION. J9J Th? State of Virginia had too much wifdom to emit bills ; but tolerated a praflice arhong the inhabitants of' cutting dollars and fmaller pieces of filver, in order to prevent it from leaving the State. This pernicious pradice prevailed alfo in Geoi'gia.* Maryland efcaped the calamity of a paper currency. The houfe of delegates brought forward a bill for the emiffion of bills of credit to a large amount ; but the Fenate firmly- and fuccefsfully refifted the pernicious fcheme. The oppofition between the two houfes was violent and tumultuous ; it threatened the State with anarchy ; but the queftion was carried to the people^ and the good fenfe of the fenate finally prevailed. ,. New Jerfey is fituated between two of the largef^ commercial towns in America, and confequently drained of fpecie.. This State alfo emitted a large fuin in biils of credit, which ferved to pay the intereft of the public debt ; but the currency depreciated, as in other States. Rhode Ifland exhibits a melancholy proof of that licentioufnefs and anarchy which always follows a re- laxation of the moral principles. In a rage for fup- plying the State with_.jnoney, and filling every man's pocket without obliging him to earn it by his diligence, the Legiilatuie pafTed an a6l for making one hundred thoufand pounds in bills ; a fum much more than fuf- ficient for a medium of trade in that State, even with- out any fpecie. The merchants in Newport and Providence op^Jofed the a6l with firmnefs ; their oppo- fition added fre(h vigour to the refolutionof the aflem- bly, and induced them to inforce the fcheme by a legal tender of a moft extraordinary nature. They paffed an a(?l, ordaining that if any creditor fliould refufe td take their bills, for any debt whatever, the debtor might lodge the furh due, with a juftiee of the peace, who (hould * A dollar was ufually cut in five pieces, and each pafTed by toll for a quarter ; fo that the man who cut it gained ai iquarter, or rather a fiftli. If the State flioiild recoin this fii- ver^ it muft lofe a fifth. O2 196 SKETCHES o/ the fliould giv notice of it in the public papers ; and if th^ creditor did not appear and receive the money within iix months from the iirft notice, liis debt fliould be for- feited. This a6t aitonifheti all honefl: men , and. even the promoters of paper money making in other States, and on other principles, reprobated this a^ of Rhode Ifland, as wicked and oppiefTiv. But the State was governed by faction. During the cry for paper money, a number ^f boifterous ignorant men, were defied into the Lcgillature, from the fmaller towns in the State. Finding themfelves united with a majority in opinion, they formed and 'executed any plan their inclination fuggefted ; they oppofed every meafure that was agree- able to the mercantile intereft ; they not only made bad laws to fuit their own wicked purpofes, but appointed their own corrupt creatures to hll the judicial and ex- ecu tiv departments. Their money depreciated fuffi- ciently to anfwer all their vile purpofes in the difcharge of debts ; bufincfs almoft totally ceafed ; all confidence v,as loft : the State was thrown into confulion athome^ and was execrated abroad. Maffachufetts Bay had the good fortune, amidft her polillcal calamities, to preventftn emiflion oi bills of credit. New Hampfhire made no paper ; but in the diftreffes which followed her lofs of bufinefs after the War, the Legillature made horfes, lumber, and moft ar- ticles of produce a legal tender in the fulfilment of contraiSls. It is doubtlefs unjuft to oblige a creditor to receive any thing for his debt, which he had not in con- templation at the tin>e of the contrail. But as the commodities Vvhich were to be a tender by the law of New Ha-npfhire, were of an intrific value, bearing fome proportion to the amount of the debt, the in- juftice of the law was lefs flagrant, than that which en- forced the tender of paper in Rhode Ifland. Indeed :t iimilar law prevailed for fome time in Maflachufetts j and in CdnnC'^iicut it is optional wi:h the creditor, ei- ther to imprifon ihc (lebtor, or take land on an execu- tion, at a price ro be fixed by three indiiterent freehold- ers ; provided no other means of payment fhall appear to AMERICAN REVOLUTION. igf^ to iatisfy the demand. It iiiuft not hawever be omit- ted, that while the moft flourifliing commercial State^ introduced a paper medium, to the great injury of hon- cfl men, a bi)l for an emifllon of paper in Connedicut, where there is very little fpecie, could never command more than one eighth of the votes of the Legillature. The movers of the bill have hardly efcaped ridicule ; fo generally is the meafure reprobated as a fource of fraud and public mifchief. The Legiflature of New York, a State that had the leafl: neceffity and apology for making paper money, as her commercial advantages always furnifn her with fpecie fufficient for a medium, iffued a large fum in. bills of credit, which fupport their value better than the currency of any other State. Still the paper has raifed the value of ipecie, which is always in demand for ex- portation, and this difference of exchange between pa- per and fpecie, expofes commerce to moft of the incon- veniencies refuklng from a depreciated medium. Such is the hiftory of paper money thus far ; a mif- erable fubftitute for real ccjn, in a country where the reins of government are too weak to compel the ful- filment of public engagements ; and where 3II confi- dence in public faith is totally deftroyed. While the States were thus endeavoring to repair the Jofs of fpecie, by empty promifes, and to fupport their bufmefs by (hadows, rather than by reality, the Britilh miniftry formed fome commercial regulations that de- prived them of the profits of their trade to the Weft Indies and to Great Britain. Heavy duties were laid upon fuch articles as were remitted to the London merchants for their goods, and fuch were the duties up- on American bottoms, that the States were almoft wholly deprived of the carrying trade. A prohibition was laid upon the produce of the United States, (hip- ped ta the Enghlh Weft India Iflands in American built veflels, and in thofe manned by Am.erlcan fea- men. Thefe reftridions fell heavy upon the eaftern Statt;?, which depended much upon fiiip building fpf the J98 SKETCHES cf the the fupport of their trade ; and they materially Injured the bufinefs of the other States. Without a union that was able to form and execute a general fyftem of commercial regulations, fome of the States attempted to im.pofe reftraints upon the Brit- ifli trade that fliould indemnify the merchant for the iofles he had fuffered, or induce the Britifh miniftry to enter into a commercial treaty, and relax the rigor ot their navigation laws. Thefe meafures however pro- duced nothing but mifchief. The States did not acl in concert, and the rel^raints laid on the trade of one State operated to throw the bufinefs into the hands of its neighbor. MafTachufetts, in her zeal to counteraifl the effe^Sl of the Englifh navigation laws, laid enormous duties upon Britifli goods imported into that State j but the other States did not adopt a fmiilar meafure ; and the lofs of bufinefs foon obliged that State to re- peal or fufpend tlie law. Thus when Penfylvania laid heavy duties on Britifh goods, Delaware and New Jer- .fey made a number of free ports to encourage the land- ing of goods within the limits of thofe States ; and the duties in Penfylvania ferved no purpofe, but to create fmuggling. Thus divided, the States began to feel their wealc- nefs. Moft of the Legillatures had neglected to com- ply with the recjuifitions of Congrefs for furnifhing the federal treafury ; the refolves of Congrefs were difre- garded ; the propofition for a general impoft to be laid and collected by Congrefs was negatived firft by Rhode Ifland, and afterwards by New York. The Britifh troops continued, under pretence of a breach of treaty on the part of America, to hold pofTefTion of the forts on the frontiers of the States, and thus comnianded the fur trade. Many of the States individually were infcfted with popular commotions or iniquitous tender laws, while they were opprefTed with public debts ; the certificates or public notes had lofl: moft of their value, and circulated merely as the objefls of fpeculation ; Congrefs loft their refpc^tability, and the United 'States their credit and importance. In AMERICAN. REVOLUTION. 199 In the mtdft of thefe calamities, a propofitioii waS made in 1785, in the houfe of delegates, in Virginia, to appoint commiirioners, to meet fuch as might be appointed in the other States, who (hould form a fyf- tem of commercial regulations for the United States, and recommend it to the feveral Legillatures for adop, tion. Commiffioners were accordingly appointed and a requeft was made to the Legillatures of the other States to accede to the proportion. Accordingly fev- eral of the States appointed commiflioners, who met at Annapolis in the fummer of 1786, to confult what meafures fliould be taken to unite the States in fome general and efficient commercial fyRem. But as the States were not all reprefented, and the powers of the commiflioners were, in their opinion, too limited to pro- pofe a fyftem of regijlation? adequate to the purpofes of government, they agreed to recommend a general con- vention to be held at Philadelphia the next year, with powers to frame a general plan of government for the United States. This meafure appeared to the commif- fioners abfolutely neceflary. The old confederation was eflentially defediv. It was deftitute of almoft ev- ery principle neceffary to giy effect to legiflation. it was defeitiv in the article of legillating over States, inftead of individuals. AH hiftory tefl:ifies that recom- mendations will not operate as laws, and compulfion cannot be exercifed over States, without violence, war and anarchy. The confederation was aljb deftitute of a fandion to its laws. When refolutions were pafled in Congrefs, there was no power to compel obedience by fine, by fufpenlion of privileges or other rneans. It was alfo deftitute of a guarantee for the State govern- ments. Had one State been invaded by its neighbor, the union was not conftitutionally bound to aliift in re- pelling the invafion, and fupporting the conftitution of the invaded State. The confederation was further deficient in the principle of apportioning the quotas of pioney to be furniftied by each State ; in a want of power to form commercial laws, and to rnife troops for jh^ defence and fecurity cf tlie union ; in the equal fuffrage ■zoo SR-ET CUES of the fufFrage of the States, which placed Rhode Ifland on a footing in Congrefs with Virginia ; and to crov/n all the defedls, we may add the want of a judiciary power, to define the laws of the union, and to reconcile the contradidory deciiions of a number of independent judicatories. Thefe and many inferior defe(3:s were obvious to the commilfioners, and therefore they urged a general convention, with powers to form and offer to the con- iideration of the States, a fyftem of general government that fhould be lefs exceptionable. Accordingly in May, 1787, delegates from all the States, except Rhode Ifland, affembled at Philadelphia j and chofe General Wafhington for their prefident. After four months deliberation, in which the claihing interefts of the fev- eral States, appeared in all their force, the convention agreed to recommend a plan of federal government, &c. As foon as the plan of the federal conlHtution was fubmitted to the Legiflatures of the feveral States, they proceeded to take meafures for colle<5ling the fenfe of the people upon the propriety of adopting it. In the fmall State of Delaware, a convention was called in November, which, after a few days deliberation, ratified the conftitution, without a diffenting voice. In the convention of Pcnfylvania, held the fame month, there was a fpirited oppofition to the new forrn of government. The debates were long and iatereft- ing. Great abilities and firmnefs were dil'played on both fides ; but, on the 13th of December, ihc confti- tution was received by two thirds of the members. The minority w?re dilTatisfied, and with an obrtinacy that ill became the reprefentaiivs of a free people, pub- lirtied their reafons of difient, which were calculated to inflame a party already violent, and which, in fact, pro- duced fome difturbances in the wcftern parts of the State. But the oppofition has fince fubfided. In New Jerfey, the convention which met in De- cember, were unanimous in adopting the conftitulion ; as was likewife that of Georgia. Jn AMERICAN REVOLUTION. 201 In Connecticut there was fome oppofition ; but the conftitution v/as, on the 9th of January, 1788, ratilied by three fourths of the votes in convention, and the minority peaceably acquiefced in the decilion. In MaiTachufetts, the oppofition was large and re- fpe(^table. The convention, confifting of more than three hundred delegates, were aflembled in January, and continued their debates, with great candor and hberalit}', about five weeks. At length the queflion was carried for the conllitution by a fmall majority, and the minority, with that manly condefcenfion which becomes great minds, fubmitted to.the meafure, and united to fupport the government. In New Hampihire, the federal caufe was, for fome time doubtful. 'i"he greateft number of the delegates in convention, were at firft on the fide of the oppoli- tion ; and fome, who might have had their objections reqrioved by the difcuffion of the fubjefr, intruded to rcjedl the conftitution. Altho the inllrud^ions of con- ftituents cnnnot, on the true principles of reprefenta- tion, be binding upon a deputy, in any legifiativ af- fembly, becaufe his conflituents are but a part of the State, and have not heard the arguments and objec- tions of the whole ; whereas, his adt is to affedt the vjhole State, and therefore is to be direded by the fenfe or wifdom of the whole, collected in the legifiativ af- fembly ; yet the delegates in the 'New Hampfhire con- vention conceived, very erroneoufly, tliat the fenfe of the freemen in the towns, thofe little diftrids, where no ad: of legillation can be performed, impofed a re- ftraint upon their own wills.* An adjournment was therefore moved, and carried. This gave th.e people opportunity to gain a farther knowlege of the merits of the conftitution, and at the fecond meeting of the convention, it was ratified by a refpedable majority. In Maryland, feveral men of abilities appeared in the oppofition, and were unremitted in their endeavors to perfuade the people, that the propofed plan of govern- ment * This pernicious opinion has prevailed in all the States, and done infinit aiifchief. 4202 SKETCHES of i/je ment was artfully calculated to deprive them of their (deareft rights ; yet in convention it appeared that rive fixths of the voices were in favor of it. In South Carolina, the oppofition was refpet^able ; but two thirds of the convention appeared to advocate ^nd vote for the confiitution. In Virginia, many of the principal characters op- pofed the ratiiication of the conftitution with great a- bilities and induftry. But after a full difcuflion of the fubje£l, a fmall majority, of a numerous convention, appeared for its adoption. In New York, two thirds of the delegates m con- vention were, at their rirft meeting, determined to re- jedt the conftitution. Here, therefore, the debates were th_~ mofl interefting, and the event extremely doubtful. The argument was managed with uncom- mon addrefs and abilities on both fides of the queftion. But during the feflion, the ninth and tenth States had acceded to the propofed plan, fo that by the conftitu- tion, Congrefs were empowered to iflue an ordinance for organizing tli^ new government. This event placed the oppofition on new ground ; and the expe- diency of uniting with the other States ; the generous motivs of conciliating all differences, an4 the danger of a rejedlion, influenced a refpetflable number, who were originally oppofed to the conftitution, to join the fed- eral intereft. The conftitution was accordingly rati- fied by a fmall majority ; but the ratification was ac- companied here, as in Virginia, with a bill of rights, declaratory of the fenfe of the convention, as to certain great principles, and with a catalogue of amendments, which were to be recommended to the confideration of the new Congrefs, and the feveral State Lnd in mofl of them rejeded. In fome of the large towns, partic- ularly in Newport and Providence, the people colledied and refolved, with great propriety, that they could not take up the fubjecft j and that the propofition for em- bracing or rejecting the federal conftitution, could come before no tribunal but that of the State in convention or legiflature. From the moment the proceedings of the general convention at Philadelphia tranfpired, the public mind was exceedingly agitated^ and fufpended between hope and fear, until nine States had ratified the plan of a federal government. Indeed, the anxiety continued until Virginia and New York had acceded to the fyf- tem. But this did not prevent the demonftrations of joy, on the acceffion of each State. - ' On the ratification in Maffachufetts, the citizens of \\ Bofton, in the elevation of their joy, formed a procef-^ fion. in honor of the happy event, which was novel, jfplendid and magnificent. This example was after- wards followed, and in fome inftances improved upon, m Baltimore, Charlefton, Philadelphia, New Haven, Portfmouth and New York, fucceffivly. Nothing could equal the beauty and grandeur of thefe exhibi- tions. A (hip was mounted upon wheels, and drawn thro the ftreets ; mechanics erected flages, and exhib- ited fpecimens of labor in their feveral occupations, as they moved along the road ; flags with emblems, de- fcriptiv of all the arts and of the federal union, were invented and difplayed in honor of the government ; multitudes of all ranks in life afTembled to view the majeftic fcenes ; while fobriety, joy aad harmony marked the brilliant exhibitions, by which the Amer- icans celebrated the eftablifhment of their empire. In March, 1789, the delegates from the eleven rati- fying States, convened in New York, where convenient and ^04 S K E T C H E S «/ the, ^c and elegant acconiaiodations had been fumifhed by the citizens. On opening the ballots for Prefidcnt, it ap- peared that the late Commander in Chief of our ar- mies was unanimoufly elected to the dignified office. Tlvis event difFufed univerfal joy among the friends to the union. The deliberations of the firft American Legiflature were marked with wifdom, fpirit, and generally with candor. The eftablifhment of a revenue and judiciary fyftem, with other national meafures ; the vdfe ap- pointments to offices ; the promptnefs and energy of the executiv, with a growing popular attachment to the general government, open the faireft profpeil of peace, union and profperity to thefe States ; a profpecl that is brigiitened by the acceffion of North Carolina to the government iji November, 1 789. No. t 205 ] ti-t No. XVI. kEMARKS on the Method of burying ihe DEAD among the Nativs of this ' Country ; compared, with that dmong the ancient Britons. Being an Extrafl of a Letter to the Rev. Dr. Stiles, Prefi- dcnt of Yale College, dated New York, January 20, 1788. ■ [Note. / had embraced the idea^ that the reynarka^ ■hie foriificat'iom on the Mujkingum^ might hejiijily afcribed to the Spaniards, under Ferdinand de Soto, who penetrated into Florida, about the year 1 540 ; which opinion I en- deavored to maintain as probably well founded, and wrote three or four letters on the fub'jeSl, to Dr. Stiles, which Were publijhed in 1789. It is now very clear that my epinion was hot well founded j but that Chicaca, which J had fuppofed to be Alujkingum, ought to have been tvritten Chicaca, zvith a cedilla, as it is in the original Spanijl) ; and pronounced Chikefaw. This determins the place of Soto's winter quarters, the fecond year after land-^ ing, to he in the territories of the prefent Chikefaws, Thofe letters, therefore, are not ivorth republijhing j but the following extras, on a different fubje£l, may be confidiredas worthy ofprefervaiion.'] \\JT how fliall we account for the mounts, caves, ^^_J graves, &c. and for the contents, wliich evince the exiftence of the cuftoni of burning the dead or their bones ; can thefe be afcribed to the Spaniards ? I pte- fume, Sir, you will be of opinion they cannot. Capt. Heart fays,* thefe graves are fmall mounts of earth, from fome of which human bones have been taken ; in. one were found bones in the natural pofition of a man, buried nearly eaft and weft, and a quantity of ifing glafs on his breaft ; in the other graves, the bones were ir- regular, fome calcined by fire, others burnt only to a sertain * Ctilumbian Magazine for May, 1787. 2o6 REMARKS, i^c, certain degree, fo as to render them more durable ; Ifi others the mouldered bones retain their fhape, withoui any fubftance j others are partly rotten and partly the remains of decayed bones ; in mofl of the graves were found l^ones evidently burnt, pieces of charcoal, Indian arrows and pieces of earthen ware, which appeared to be a compbfitiort of fhells and cement. That thefe mounts and graves are the works of the nativ Indians, is very evident, for fuch fmall mounts are fcattered over every part of North America, " It was cuftomary with the Indians of the Weft Jerfey," fays Mr. Smith, page 137, " when they buried the dead, to put family utenfils, bows and arrows, and fometimes wampum into the grave, as tokens of their afFeere!y the perfpiration of the earth ; it rilh inftead of fail'rng^ and rifes during the night.* It was alfofuppofed that manna m the esftern coun- tries, came from above, and it is called in fcripture bread from heaven. Yet majina is a gum, exuding from plants, trees and bufhes, when pierced by certain in- fe6ls. The truth of this faift was not difcovered, till the middle of the fixteenth century. Every man knows, when the prices of goods rife, it is faid they become dear ; yet when the prices rife in confequence of an overflowing fum of money in circu- lation, the fa6t is that the value of money falls^ and the value of goods remains the fame. This erroneous opinion had an amazing effecTI: in raifing popular clam- or, at the commencement of the late revolution. I will ' * Any perfon may prove tin's by a trifling experiment. Let him place a glafs receiver or bowl over the grafs in a funimer's tlay, and the next morning he will find as much dew under it as aiound it. The truth is tliis ; the particles of water are conrtantly ex- haled from the earth by the heat of the fun. During the day time, thefe particles afcend in an im.perceptible manner, and furnifli the atmofphere with the materials Of clouds and rain. But in the night, the atmofphere grows cool, .\hile the earth, retaining a fuperior degree of heat, continues to throw off'the particles of water. Thefe particles, meeting the colder atmof- phere, are condenfed, and lodge upon the fi^irface of the earth, grafs, trees and other objcfts. So that the exprelfion, the den.-J fnllS) is m a degree true, altho iljirp rfesivom the earth. 0.2 228 INFLUENCE of LANGUAGE, ^c, I will name but one other inftance, which has a ma- terial influence upon our moral and religious opinions. It is faid in fcripture that Gid hardened Pharaoh's heart. How ? Was there a miracle in the cafe ? By no means. The manner of fpeaking leads us into the miftake. The firft caufe is mentioned, and not the intermediate caufe or caufes. So we fliould fay, that General Wafl)- rngton attacked the Britijh troops at Monmouth ; altho he was at a great diftance when the attack was commenc- ed, and only ordered the attack. I fufpe£l that fimilar modes of fpeaking in fcripture often lead fuperficial minds into miltakes, and in fome inftances, giv occa- fion to infidels to fcofF at paflages, which, if rightly un- derftood, would filence all objedions. This is a fruitful theme, and wouldlead an ingeni-* ous inquirer into a wide field of inveftigation. But I have neither time nor talents to do it juftice ; the few- hints here fuggefted may have fome effed: in convincing my readers of the importance and utility of all candid Tefearches into the origin and ftru£lure of fpeech ; and pave the way for further inveftigations, which may af- fiil us in correiling our ideas and afcertaining the force- and beauty of our own language. No. C 229 ] ~~No7xiX^ ^ PHILADELPHIA, 17,^7. On VOCAL MUSIC. THE eftabli(hment of fchools for teaching pfalm- ody in this city is a pleafing inftitution ; but peo- ple leem not to uncjerftand the defign, or rather are not swareof the advantages which may refult from it, if properly conducted and encouraged. Moft people con- fider mufic merely as a fource of pleafure ; not attend- ing to its influence on the human mind, and its confe- quent effc^s on fociety. But it fhould be regarded as ^n article of education, ufeful as well as ornamental. The human mind is formed for a£tivity j and will ever be employed in bufinefs or diverfions. Childrer; are perpetually in motion, and all the ingenuity of their parents and guardians (hould be exerted to devile methods for reftraining this a61:jv principle, and dire£t- ing it to fome ujlful objcft, or to harmlefs trijies. If this is not done, their propenfity to adion, even with- out a vicious motjv, will hurry them into follies and crimes. Every thing innocent, that attracts the atten- tion of children, and will employ their minds ir^ leifure hours, when idlenefs might otherwife open the way to vice, muft be confidered as a valuable employ- ment. Of this kind is vocal mufic. There were in- stances of youth, the lafl: winter, who voluntarily at- tended a finging fchool in preference to the theatre. It is but reafonable to fuppofe, that if they would negle^d^ a theatre for linging, they would negleit a thoufand amufements, lefs engaging, and more pernicious. Inllrumental mulic is generally prefered to vocal, and confidered as an elegant accomplishment. It is indeed a pleafmg accomplishment j but the preference given to it, is a fpecies of the fame falle tafte, which places a fon under the tuition of a drunken cloixjn^ to •fi^ake hima aentkman oijiri^ morals. Ini^ru mental -30 On VOCAL MUSIC. Inftrumental mufic may ex'ceed vocal in foine nice touches and diftinclions of found ; but when regarded as to its effects upon the mind and upon fociety, it is as inferior to vocal, as found is inferior to fenle. It is very cafy for a fpruce beau to difplay a contempt for \'ocal mu,fic, and to fay that human invention has gone beyond the works of God Almighty. But till the fyftem of creation (hall be new modelled, the human voice properly cultivated will be capable of making the mofl pcrfedl njufic. It is negleited ; fol famg is un- fadiionable, and that is enough to da-nn it : But peo- ple who have not been acquainted with the pcrfedtion of pfalmody, are incapable of making a fuitable com- parifon between vocal and inflrumental mufic. I have often heard the bcrt vocal concerts in America, and the befl inftrurnental concerts ; and can declare, that the mufic of the latter is as inferior to that of the former, as the merit of a hand box macaroni is to that of a Cato, Inflrumcntal muiic affords an agreeable amufe- tnent ; and as an amufement it ought to be cultivated. But the advantage is private and limited ; it plcafes the ear, but leaves no impreflion upon the heart. The defign of mufic is to awaken the paffions, to foften the heart for the reception of fentiment. To awaken palfion is within the power of inrtruments, and this may afford a temporary pleafure ; but fociety de- rives no advantage from it, unlefs fome ufeful fentiment is left upon the heart. InHruinents are fecondary in their ufe ; they were invented originally, not to Supercede, but to aliiff the voice. The firft iiillories of all nations were written in verfe, and fung by their bards. In later ages, the vaten reed^ the harp and the lyre^ \\%xt found to improve tlie pleafures of mufic ; but the neglect of the voice and of fentiment Was referved for modern corruption. Ignorant indeed is the man, and poffciled of a w retch- ed tafte, who can ferioufly defpife the humble pleafures pf vocal mufic, and prefer the bare harmony of founds. Sentiment Ihould ever accompany mufic ; the founds (hould ever corr^fpond with the j^eas, ptherwife mufic lofes On VOCAL MUSIC. 231 I'jfes all ks force. Union of fentiment, with harmony of founds, is the perfcclion of mufic. Every ftring of the huinaii heart may be touched ; every pafllon rouf- ed bv the different kinds of founds ; the courage of the warrior ; the cruelty of the tyrant ; anger; grief; love, with all its fenfibilities, are fubjed to the influence of mufic. Even brutes acknowlegc its cffedls ; but while they in common with man feel the effecfts of a harmo- ny of mere founds, man enjoys the fuperior felicity of receiving fentiment ; and while he relifhes the pleafures of chords in found, he imbibes a difpolition to com- municate happinefs to fociety. Seldom indeed do men refle>5l on the connexion be- tween the chords of mufic and the focial affediions. Morality is to immorality, what harmony is to difcord. Society detefts vice, and the ear is offended with dif- cordant founds. Society is pleafed and happitied with virtue, and the ear is delighted with harmony, Tliis beautiful analogy points out the utility of cultivating mufic as a fcience. Harfli djfcordint founds excite the peevifh malevolent paflions ; harmonious founds correal and foften the rougher palhons. Every perfon will acknowledge, that love refines the heart, and renders it more fufceptible, and more capa- ble of focial virtue. It is for this reafon that men who have particular attachments to women, or aflbciate much with ladies of delicacy, are more difpofed to do a6^s of kindnefs, in every fphere of life, than thofe who feldom frequent ladies company. On the qther hand, anger, jealoufy, envy, are diHocial paflions ; and even when they are excited by 9 fmgle object, they poifori the heart, and difqualify it for exciting the focial af- fections towards any of the human rgce. Every infti- tution, therefore, calculated to prepare the human heart for exerting the focial virtues, and to fupprefs or check the malignant paflTions, mufl be highly beneficial to fo- ciety ; and fuch I confider eftablifliments in favor of vocal mufic. Happy, indeed, fhould I feel, could i fee youth devoted every where to the refinement of their voices and morals j to fee them prefer moral or re- ligious 232 On VOCAL MUSIC. ligious pieces to the indecent fongs or low dlverfions which taint the mind in early life, and d iff ufe their per- nicious influence through fociety. If the poifon of the tarantula may be counterafled by mufic ; if the Spanidi ladies are won by noifturnal Serenades ; if the foldier is infpired with courage by the martial founds of the trumpet, and the Chriftian im- prefTed with devout fentiments by the folemn tones of the organ j what advantage may fociety derive from the foftening harmony of choirs of voices, celebrating the praifes of focial virtue ! Happy days ! v/hcnfa/je iajle and falje opinions fhall vani(h before the progrefs of truth ; when princes (hall refume their ancient and hon- orable tafk of teaching the young to be gaod znd great ; when an Addifon fhall be preferred to a Chefterfield j when the wealth of nations fliall be no longer lavifhed upon fiddlers and dancers ; when the chara(?lers of a Benezet and a Washington fhall obfcure the glories of a Caefar ; and when no man fhall be alliamed to be good^ becaufe it is unfafhioaabk. No. C 233 3 No. XX. NEW YORK, JUNE, IjgS. On M O R A L I T Y. " rTT^HE principles of morality are little underftood J_ among favages," fays Lord Kaimes, " and if they arrive to maturity among enlightened nations, it is by flow degrees." With fubmifTion to that writer, I would advance another pofjtion equally true, "that the principles of eating and drinking are little underllood by favages, and if they arrive to maturity among civilized nations, it is by ilow degrees." The truth is, morality confifts in difchargingthe fe- cial duties of life i and fo far as the ftate of favages re- quires an intercourfe of duties, the moral principles feem to be as perfedl in them as in more enlightened nations. Savages in a perfeiftly rude ftate have little or no commerce ; the tranfaftions between man and man are confined to very few objeds, and confequent- ly the laws which regulate their intercourfe and diftrib- ute juftice, muft be few and fimple.* But the crime of murder is as feverely punifhed by favages, as by civ- ilized nations. Nay, I queftion whether it is poffible to name the barbarous tribe, which fuffers an individ- ual to take the life of another, upon as eafy terms as the modern feudal Barons in Europe may do that of a vaflal ; or with the fame impunity that a planter in the Weft Indies takes the life of a flave. I fpeak of a time of peace, and of the conduit of favages towards their own tribes. As to war, every nation of favages has its arbitrary * It is a fa£l, fupported by unqueftionable teftimony, that the favage nations on the frontiers of thefe States, have fewer vices in proportion to their virtues, than are to be found in the beft regulated civilized focieties with which we are ac-- quainted. 234 ^- M O R A L I T Y. arbitrary cuftoms, and (o has every civilized nation. Savages are generally partial and capricious in the treatment of their prifoners ; I'omc they treat with a fingijlar humanity j and others they put to death with the icvcreft cruelty. Well, do not civilized people the fame ? Did a lavage ever endure greater torments, than tiioufands of prifoners during the late war ? But not to mention the pradice of a finglc nation, at a fmgle pe- riod ; let us advert to a general rule among civilized nations ; that it is lawful to put to death prifoners tak- en in a garrifon by ftorm. The practice grounded on this rule, is as dire6l and as enormous a violation of the laws tjf mprality, as the flow deliberate tortures ex- ercifed by the moit barbarous favages on earth. Well, wliat are the ideas of favages refpefting thc/t ? How do they differ from thofe of an enlightened pe5- ple ? Many things are poffefTed in common, as provif- itms taken in hunting, corn, 5fC. Ferdinand de Soto relates, that the tribes (and he vifited hundreds in Florida) had public granaries of corn laid up for wint- er, which was diflributed by aiithority to each family, according to its number. But for an individual to take from this common ftock without licenfe, was con- fidered as a criminal defrauding of the public. And v/ith regard to the few articles, in which individuals acquire private property, the favages have as correct ideas of nuum and Vuum^ of theft, trefpafs, hz. and are as careful to guard private piopcrty from invafion, by laws and penalties, as any civilized people. The laws of the Creeks, the Cherokees, the Six Nations, &c. with regard to thefe and many other crimes, in point of rea- fon and equity, rtand on a footing with thofe of the mof^ civiliz^ed nations ; and in point of execution and ob- servance, their adrniniftration would do honor to any government. Among mofl favage nations there is a kind of monarchy which is efficient in adminiftration ; and among thofe tribes which have had no intercourfe with civilized nations, and which have not been de- ceived by the tVicks of traders ; the common arts of cheating, by which millions of enlightened people get a living On MORALITY. 235 a living or a fortune, are wholly unknown. This is an incontrovertible hSi. I lately became acquainted with a lad of about twelve years old, who was taken captiv by the Indians in 1778, while a child, and had con- tinued with them till about ten years old. He had no recolleftion of the time when he was taken, and con- fequently his mind could not have been corrupted a- mong the Engli(h. When he was reftored, agreeable to the treaty, he was a perfe6l favage ; but what I re- late the circumftance for, is this ; the lad was not ad- didted to a fmgle vice. He was inftant and cheerful in obeying commands ; having not even a difpolition to refufe or evade a compliance. He had no inclination to he or fteal ; on the other hand, he was always fur- prifed to find a perfon faying one thing and meaning another. In Hiort, he knew not any thing but hon- efty and undifguifed franknefs and integrity. A fmgle inftance does not indeed eftablifli a general rule ; but thofe who are acquainted with the nativs of America can teftify that this is the general charafter of favages who are not corrupted by the vices of civilized nations. But it is faid favages are revengeful j their hatred is hereditary and perpetual. How does this differ from the hatred of civilized nations ? I queftion much whether the principle of revenge is not as perfect in enlightened nations, as in favages. The difference is this ; a favage hunts the man who has offended him, like a wild beaft, and affaffmates him wherever he finds him ; the gentleman purfues his enemy or his rival with as much rancor as a favage, and even ftoops to notice little affronts, that a favage would overlook ; but he does not fiab him privately ; he hazards his own life with that of his enemy, and one or both are very hon- orably murdered. The principle of revenge is equally adiv in both cafes ; but its operation is regulated by certain arbitrary cuftoms. A favage is open and avows his revenge, and kills privately j the polite and well bred take revenge in a more honorable way, when Ufe is to be the price of fatisfadion ; but in cafes of fmall af- ffonts, they are content with privately ftabbing the reputation a36 On IVI O R A L I T Y. reputation or ruining the fortunes of their enemies. In (liort, the palfions of a favage are under no rcftrainr ; the paflions of enlightened people are rellrained and regulated by a thoufand civil laws and accidental cir- cumftanccs of fociety. But it will be objected, if favages underftood princi- ples of morality, they would lay fuch paflions under reltraint. Not at all : Civil and political regulations are not made, becaufe the things prohibited are in their own nature wrong ; byt becaule they produce incon- venicncies to fociety. The moft enlightened nations do not found their laws and penalties on an abllradl regard to tvrong ; nor has government any concern with that which has no influence on the peace and fafety of fociety, If favages, therefore, leave every man to take his ow'n revenge, it is a proof that they judge it the bcft mode of preventing the neceflity of it ; that is, they think their fociety and government fafer under fuch a licenfe, than under regulations which ihould control tl:ie palTions of individuals. They may have their ideas of the nature of revenge independent pf fociety ; but it will be extremely diiiicuit to prove, that, abftradlied from a regard to a Deity and to focie- ty, there is fuch a thing as r:ght and zurong. I con» fider 7norality merely as it refpedts/<'f/^/_)' ; for if we fu- peradd the obligations of a divine command, we blend it with religion ; an article in wh;ch Chriflians have an inlinit advantage over favages. .Confidering moral duties as founded folely on the coniiitution of fociety, and as having for tlieir fole end the happinefs of focial beings, mai^y of them will vary in their nature and extent, according to the particular ftate and circumftances of any fociety. Among the ancient Britons, a lingular cuftom pre- vailed ; which was, a community of wives by common confent. Every man married one woman ; but a number, perhaps ten or twelve, relations or neighbors, agreed to pofTefs their wives in common. Every wom- an's children were accounted the children of her huf- band ; but every man had a fliare in the coinmon de- fence On M O R A L I T Y. 237 fence and care of this little community.* Was this any breach of morality ? Not in the leafb. A Britidi woman, in the time of Scverus, having become inti- mate with Julia Augufta, and other ladies, at the court of Rome, had obferved what palled behind the curtain ; and being one day reproached for this cuftom of the Britons, as infamous in the women, and barbarous in the men ; flie replied, " We do that open/y with the he/i of our men, which you do privately with the worfi of yours." This cuftom, fo far from being infamous or barbarous, originated in public and private conve- nience. It prevented jealoufy and the injuries of adul- tery, in a ftate where private wrongs could not eafily be prevented or redreffed. It might be an excellent fubllitute for penal laves and a regular adminirtration of juftice. But there is a better reafon for the cuftom, which writers feem to have overlooked ; and this is, that a community multiplied the chances of fubfiftence and fecurity. In a favage life, fubfiftence is precarious, for it depends on contingent fupplies by hunting and iifhing. If every individual, therefore, fhould depend folely on his own good luck, and fail of fuccefs, I^is family muft ftarve. But in a community of twelve, the probability that fome one would procure provifions is increafed as twelve to one. Hence the community of provifions among moft favage nations. f The Britons, when the Romans firft vifited their iHand, did not attend much to the cultivation of the earth. " Interiores plerique," fays Caefar, " frudienta non * Uxores habent deni, duodeniquc inter fe communes ; eC maxims fratres cum fratribiis, et parentcs cum liberis. Sed li qui lunt ex his nati ; eorum habenter liberi a qiiibus primuin virgines quaeque du^la; fuiit. defar de bell. Gall. Lib. 5. f Let an individual depend folely on his 'own exertions for food, and a fmgle faihire of crops fubjefts him to a famin. Let A populous country depend folely on its own produce, and the probability of a famine is diminilhed ; yet is (till polTible. But a commercial intcrcourlc between all nations, multiplies the chances of fubfiftence, and reduces the matter to a certain- ty. China, a well peopled country, isfubjeit to a famia mere*. Jy for v.ant of a free commerce. !238 On M O R A L I T Y. non ferunt, {tA iacte et came vivunt." By Cilablinilng a community of good*, they fecured themfeives againft the hazard of want ; and by a community of wives and offspring, they confirmed the obligations of each to fu- perintend the whole ; or rather, changed into a natural obligation what might otherwife depend on the feebler force of pofitiv compact. Befides, it is very polFibic that perfonal fafety from the invafion of tribes or indi- viduals, might be another motiv for eftablifhing thefc fingular communities. At any rate, we mull: fuppofe that the Britons had good civil or political reafons for this cuftom ; for even favages do not aft without rea- fon. And if they found fociety more fafe and happy^ with fuch a cullom than without it, it was mofl un- doubtedly right. Should it be faid, that a community is prohibited by divine command ; I would anfv/er that it is not pre- fumable that the old Britons had any pofitiv revela- tion ; and 1 do not know that the law of nature will decide againfl their pradice. The commands given to the Jews were pofitiv injunctions ; but they by no means extend to all nations, farther than as they are founded on hnmutahle principles of right and wrong iti all focieties. Many of the Mofaic precepts are of this kind ; they are unlimited in their extent, becaufe they iland on principles which are unlimited in their ope- ration. Adultery is forbidden in the Jewifh Iaw3 ; and fo it is in the codes of other nations. But adultery may be defined diflferently by different nations ; and the crim- inality of it depends on the particular pofitiv inftitu- tions, or accidental circumfiances of a nation. The fame reafons that would render a fimilar cufiom ia civilized modern nations highly criminal, might render it innocent and even neceflary among the old Britons. A prohibition to gather flicks on the Sabbath, under a penalty of death for difobedience, might be founded on good reafons among the ancient Jews ; but it would be hard to prove that a modern law of the fame kind, would be warrantable ia any nation. No. [ 239 J No. XXI. NEW YORK, JUNE, 17S8. A LETTER from a LADY, -with RE- MARKS. SIR, AS' you have, in your writings, dilcovercd that you take a particular intereft in the happinefs of ladies, 1 hope you will not deem it a deviation from delicacy, if one of them offers you her grateful acknovvlegements, and requcfts you to giv your fcntiments upon v\ hat will be here related. About four years ago, T was vifited by a gentleman who profeffed an unalterable attachment for me. He being a genteel, fenfible and handfome man, I thought myfeif juftifiable in treating him with complacency. After I was convinced by his conftant attention and fre- quent profelHons, that I was a favorite, he ufed fre- quently to upbraid me, for being fo filent andreferved : It fliewed, he faid, a want of confidence in him ; for I mufl; be fenfible he derived the greateft pleafure imagin- able in my converfation, and why would I then deprive him of the greatell happinefs by abfenting myfeif, when he paid a viiit, refufmg to chat with my ufual free- dom. Tho he profelled himfelf to be an admirer of candor, and a ftriil adherer to the rules of honor, Hill I could not but doubt his fmcerity from the extravagance of his expreffions. This he confidered as an affront, faying that no man oi honor would exprefs fentimenis that were not genuine. I found myfeif. unwilling to b.^ any thing that fliould be difagrecable, and difpofed to males him underibnd by an attention that i fuppofed liim entitled to, that he was prefered to any other per- fon. He continued his vifits in this manner for about eighteen months, conducing himfelf with the grcateit delicacy, affection and refpccl. During this time, he never .240 J LETTER, wlih REMARKS. never exprclled a wilh tu be united, which made me un- •eafy, asl knew that all my friends though^us engaged. At lall I told him his attention was too particular ; I knew not what condrudtion to put upon it. He repli- ed that I was too particular in my ideas ; it was a con- vincing proof to him, with my refcnting trijilng liber- ties^ that I had not an affetflion for him, and that he was not the man I wilhed to be conne6led with ; there- fore he would not trouble me any longer with his com- pany, and wifhed me a good night. Tliis, Sir, you mud fuppofe, diftrefled me greatly ; I viewed myfelf injured and trifled with, but knew not liow to obtain redrefs. My attachment and pride ■were fo great that I would not allow my friends to call him to an account for his behavior ; tho I now defpife his conduft, and would refufe him the hand of which he has proved himfelf unworthy, dill I feel hurt at the treatment I have received. You, Sir, as a friend to our fexj and one who wifhes to preferve the peace of mind of unfufpedling girls, will do them an efl'ential fer- vice, by your animadverfions on thefe facts, and guard- ing our fex from fimilar impofitions. Thefe cireumftances would not have been related, ■were 1 not rendered difcontented and wretched at home, in confequence of refufing the offers of three other gentlemen ; either of whom would doubtlefs have been acceptable, had not my affedions been preengag- ed to one who has proved himfelf worthlefs. Their charaiElers and fituations in life are equal to my wifhes ; but I cannot do them fo much injuftice and myfelf fo much injury, as to giv my hand unaccompanied with my heart. In confulting my own inclinations I liave incurred the difpleafureof all my family ; they treat me ■with great inattention, and are continually reflecting on my want of fpirit and refolution. 1 am contident, Sir, that every generous mind will pity your unhappy fend dirtretTcd friend, CONSTANTIA. Tt A LEttER, with REMARKS. 24-1 To CONSTANTIA. WHILE I acknowlege rtiyfelf honored by your cor- refpondence, and happy in an opportunity of rendering you or your fex the leaft fervice, permit me, in compli- ance with your requeft, which Ihall be to me a facred law, to offer my fentiments with a franknefs, corre- fponding with that which marks the relation of your misfortunes. For altho 1 feel the warmeft indignation at every fpecies of deception, and particularly at that long continued inexplicitnefs which is deliberate decep' tiotiy and which is the caufe of your Wretchednefs, can- dor and truth require that cenfure fhould fall where it is due. If the ilightefl; blame can fall on you, it is that you indOlged the vifits of a gentleman for eighteen months tvithout an explicit and honorable declaration of his inten- tion. A delicate^ affeSlionate and refpe^ful attention to a lady, for one quarter of that period, is fufficient to make an impreflion on her mind, and decide her choice : At the fame time, it might not render an attachment on her part. To ftrong as to make a fcparation very pain- ful ; it might not giv the world an opinion that an en- gagement exirts, or fubjeil the lady to the neceffity of difmiffrng other fuitors. It is therefore prudent at leaft for ia lady tb condud herfelf in fuch a manner as to bring her admirer to an explicit declaration of his de- figns. A man of real honor and principle would hot wait for a firatagem on the part of the lady, or for a frank demand of an explanation of his condud:. A tolerable acquaintance with the hurnan heart would enable him to^ difcover when a declaration would be agreeable to the lady, and after this difcovery;, he would not keep her a moment in fufp'enfe. A man of gener- ous feelings, who has a lively attachment, looks with anxiety for fome proof that his addrefles are agreeable, and that a declaration of his intentions will be well re- ceived. No foonerdoes he find this proof, than he haft- ens to unbofom himfelf to the dear objedt of his wilhes^ R and 242 A LETTER, wUh REMARKS. and communicate the happinefs he fo ardently defires to receive. When therefore a man neglefts fuch a decla- ration, after he has had convincing proofs that his offers would be well received, it may and (hould be taken for granted that his intentions are not honorable, and the lady (hould treat him accordingly. If therefore, my unhappy friend, you deferve the leaft degree of cenfure, it is becaufe you delayed too long to take meafures for undeceiving yourfelf. Yet this delay is a proof of your unfufpefting confidence and fiticere attachment ; and faults, proceeding from fuch amiable caufes, are almoft changed to virtues ; in your fcx, they entitle the fufferer to forgivnefs and to love. You inform me, Conftantia, that the man who hat Injured you, profefTed to adhere to the rules of honor. Never, Conftantia, truft a man who deals largely in that hackeyned virtue, honor. Honor^ in the fashiona- ble fenfe of the word, is but another name for vlllany^ The man of honor would not be guilty of the leaft impro- priety in public company ; he would not for the world negieil the leaft punctilio of the cuftomary etiquette, but he would, without hefitation or remorfe, blow out the brains of a friend, for treading on his toe, or rob an amiable woman of her reputation and happinefs to gratify his vanity. If a man talks too much of his honor^ he is to be ^voided, like the midnight ruffian. He that really poffelTes a virtue never boafts of it, for he does not fuf- pe£l the world think him deftitute of it. Numerous profeflions are commonly mere fubftitutes for what is profefled. The man, who has given you fo much uneafinefs, never deferved the conlidence he won ; he muft be def- titute of principle, of virtue, and of attachment to you. His deliberate ill ufage proves him to be callous to every tender emotion, and to deferve your contempt. Will not a generous pride and deteftation expel the leaft fentiment of refpedl for him from your breaft ? Can you not forget that you have been mifled, and will not your innocence buoy you above misfortunes ? That you J LETTER, with REMARKS. 243 Vou have refufed good offers, is to be regretted ; but your friends, if they know the reafon, as they ought, will not pain you by difingenuous refle£tions. On the other hand, they will aflift you in finding objects to a- mufe you and diffipate your own melancholy reflec- tions. Smile away the anxiety that fhuts your heart againft other imprefTions. Bafe as men are, there may be fome found who defpife the character of him who has given even an hour's pain ; there may be one who knows your worth, and may be difpofed to reward your con/iancy. It is a mortifying refledion to an honefl mind, that had hearts are fo often fuffered to giv pain to the good 5 that the trijiing and the bafe of our fex are not conftrain- ed, by neceffity, to affociate only with the trijiing and the hafe of yours, and that the good, the generous and the conflant fhould be expofed to the abufes of the fic- kle and defigning. But fuch is the conftitution of fo- ciety, and for the evils of it, we have no remedy, but cautious circumfpeffion to prevent, or patient fortitude to fupport the adverfe events of our conditions. No man can entertain a more cordial deteflation of the fmallefl difpofition to annoy the peace of mind and difturb the tranquillity of mankind, than myfelf ; the defign of exiftence here is to footh the evils, and muJ- * tiply the felicities of each other, and he muft be a villain indeed, who can deliberately attempt to poifon the fources of pleafure, by crofling and difappointing the focial pafTions. To your fex, Conf^antia, permit me to giv a word of caution j never to make any inquiries about a man's family, fortune or accomplifhments, till you know whether he is a man oi principle. By principle^ I mean, a difpofition of heart to conduct with flridl propriety, both as a moral being and as a member of civil fociety ; that is, a difpofition to increafe the happinefs of all a- round him. \i he appears to wifh for his own gratifi- cation, at the expenfe even of a fervant's happinefs, he is an unfocial being, he is not a fit affociate for men, much lefs for amiable women. If he is a man of R 2 principle^ 744- ^ LETTER, xvith REMARK3. prjntiple, then proceed to inquire into his (landing in life. IVith principle he may make a woman happy in almoft any circumftances ; without it, birth^ fortune and education ferve but to render his worthleflhefs the more confpicuous. With fentiments of efteem, I am your obliged friend, and humble fervant, E. Nd. C 245 ] No. XXIL NEW YORK, JULY, 1788. A LETTER to the AUTHOR, with RE- MARKS. SIR, I BEG leave to relate to you a few circumftances refpe6ling the condu<3: of a young friend of mine in this city, and to requeft your own remarks and advice on the occafion. Should any other'' perfon fimilarly fituated, be difpofed to receive benefit from the advice, I Ihall be much gratided, and my defign more than an- fwered. This young friend to whom I allude, has been till within a few years, under the watchful eyes of very at- tentiv parents ; from whom he received much better advice and much more of it, than the generality of parents in this city are wont to beftow on their child- ren ; they taught him to regard truth with a fteady at- tachment ; in fliort his education, till their deaths, was fuch as might with propriety have been called rigidly virtuous. Since that int>ru6\iv period, he has been un- der the guidance of no one but himfelf ; his former af- fociates with whom he grew up, and for whom he ftill feels a degree of fchoolmate attachment, are almofi: univerfally debauched charaders. The force of exam- ple is great, and let it be mentioned to his honor, that ia general he has had fufficient virtue to refifl: their im- portunities, and to follow a line of conduct diredily contrary to the one they would gladly have marked out for his purfuanjie. He pofl'efles many of the focial vir- tues, and is warmly attached to the amiable part of the female world. This attachment has preferved him from the fafhionable vices of the age, and given him a relifh for dome'ftic happinefs, which I think he wil} never lofe. A young gentleman fo capable of making^ himfelf 246 LETTER and ANSWER. Jiimfelf agreeable to good and virtuous chara£ters, ought not, in my opinion, to indulge himfelf in any practices, that fhall tend in the lead to depreciate his general merit. The praiflices I would mention, are few and not very confiderable ; ftill I think he (hould difmifs them entirely, or at leaft not indulge them to his difadvantage. He fings a goodfong^ and he knows it tolerably well j he is often urged into company on that account ; he can make himfelf agreeable withal, and is really a mufical companion ; he pays fo much attention to learning in^ finging fongs^ that he has but little leifure time on his hands ; he reads part of the day, but he reads principally novels or fong books. I would not be underftood to confider fmging fongs as criminal ; far from it ; I am often delighted with a fong from him j but the query with me is, whether he ought not to de- vote part of the time which he now employs about what may be called genteel trifling, to the improvement of his mind in a manner that may be of lafting benefit to him i I wifli you to giv him your advice, and dire£t him what books to read. He has another /ia//, which, altho it originates in the benevolence of his difpofition, may ftill be called a fault. He has a very fufceptible heart, and opens it with a generous freedom, fo much fo that he fometimes forgets himfelf, and opens it where he ought not to do. A ftrangcr with a fpecious outiide might eafily impofe on him. Ijuftthrowout thefe hints, that he may be on his guard againft thofe whofe buiinefs it is to deceive. There are feveral fmaller faults dependant upon, or rather confequent to, thofe I have mentioned, which I at firft intended to have enumerated, but if the firft are amended, the oth- ers will forfake him of courfe. The ANSWER, SIR, BY the defcrjption you have given of your young friend, it appears that he is rather trijiing and inconfid- erate than profigate. His faults are, his Jpcnding tot iiiucb LETTER and ANSWER. 247 ttmch time in learning and ftngitig Jongs ; and too much franknefs of hearty which expofes him to impofitions. But you have not, Sir, informed me whether he was bred to bufwefs ; and by his chara(f^er, I judge that he was not. He has had good precepts indeed j but of how httle weight are precepts to young people ! Advice to the young fometimes does good ; but perhaps never, except good habits have been previoufly formed by cor- redi difcipline in manners, or by a mechanical attention to honeft employments. The truth is, advice or feri- ous council is commonly laviihed where it does no good, upon the young, the gay, the thoughtlefs ; whofe palFions are ftrong, before reafon begins to have th? fmalleft influence. I am young myfelf, but from the obfervations I have hitherto made, I venture to atHrm, that grave advice never yet conquered a paffion, and rarely has reftrained one fo as to render a fprightly youth, in any degree ferious. How (hould it ? In- ftrudtions are tranfient j they fcldora touch the heart, and they generally oppofe pafllons that are vigorous, and which are inceflantly urging for indulgence. I have ever thought that advice to the young, un- accompanied by the routine of honeft employments, is like an attempt to make a fhrub grow jn a certain direction, by blowing it with a bellows. The way to regulate the growth of a vegetable is to confine it to the propofed direction. The only effectual method per- haps is to keep young perfons from childhood bufy in fome employment of ufe and reputation. It is very immaterial what that employment is ; the mind will grow in the dire£lion given it at firft ; it will bend and attach itfelf to the bufinefs, and will not eafily lofe that bent or attachment afterwards : The mind will attach itfelf to fomething j its natural difpofition is to pleaf- ure and amufement. This difpofition may be chang- ed or overcome by keeping the mind, from early life, bufy in fome ufeful occupation, and perhaps by nothing elje. Advice will not produce the effed. I fufpeil, Sir, that your young friend has been bre4 1^ tnflej" i that he has had money to fupport him with-^ out 248 LETTER and ANSWER. out the labor of acquiring it ; that he has never been anxious about his future fubfiftence. If fo, his educa- tion muft be pronounced erroneous. Whether worth twenty pounds or twenty thoufand, it fhould make no dififcrence in his attention to bufinefs while young. We are the creatures of habit ; a habit of acquiring property fhould always precede the ufe of it, otherwife it will not be ufed with credit and advantage. Befides, bufinefs is almoll the only fecurity we have for moral reclitude and for confequence in fociety. It keeps a young perfon out of vicious company ; it operates as a conftant check upon the paflions, and while it does not deftroy them, it reftrains their intemperance ; it ftrengthens the mind by exercife, and puts a young perfon upon exerting his reafoning faculties. In (hort, a man bred to bufinefs loves fociety, and feels the im- portance of the principles that fupport it. On the oth- er hand, mankind refpe£l: him ; and whatever your young friend may think of the aflertion, it is true that ^he ladies uniformly defpife a man who is always dang- ling at their apron ftrings, and whofe principal exceU lence confills m finging a good fong. If, Sir, your friend is ftill fo young, as to undergo the difcipline of a profeffional or other employment, his habits of trifling may be changed by this means ; but if he is fo far the gentleman as to difdain bufinefs, his friends have only to whiftle advice in his ears, and ■yvalt till old age, experience, and the death of his paf- fions, fliall change the man. Accept of my thanks, Sir, for this communication, and be aflured that my opinion on any fubje£t of this Jciijd will always be at your fervice. E, r-(0. [ 249 ] No. XXIII. BOSTON, MARCH, X789. An Enquiry into the Origin of the Words DOMESDAY, PARISH, PARLIA- MENT, PEER, BARON; with Re- marks, New and Interesting. IN the courfe of my etymological inveftigations, I hav been led to fufpeft that all the writers on the laws and conftitution of England, hav miftakenthe or- igin and primitiv fignifieation of feveral words of high antiquity, and in confequence of the miftake, hav adopt- ed fome erroneous opinions, refpeding the hiftory of parliaments and trial by peers. Whether my owa opinions are wel fupported by hiftory and etymology, mufi: be hereafter decided by able and impartial judges of this fubjedl:. Dome book^ or domefday hooky iz a word wel underftood by Englifh lawyers. Dome book^ or dom bee, zz it waz formerly fpelt, waz the name given to the Saxon code of laws compiled by Alfred. Some other codes of lo- cal cuftoms or laws were alfo denominated dom becs^ but theze are ail loft. After the conqueft, a general furvey of all the lands in England, except a few counties, waz made by order of William, and recorded in a volum which iz ftil extant, and called dome/day. This furvey waz begun by five juftices affigned for the purpofe in each county, in the year 1081 and completed 1086. Our pious anceftors were not a little frightened at the name of this book, which iz ufually pronounced doom/day ; fuppoiing it to hav fome reference to the fi- nal doom, or day of judgement. In order to quiet fuch apprehenfions, lawyers of lefs credulity undertook to refute the common opinion. Jacob, after Cowtl, very gravely aflerts, that the termination day in this word does not allude to the general judgement. " The additioa 250 ORIGIN of DOOiMSDA Y, l^c. addition of day to this dome book, waz not ment with any allufion to the final day of judgement, az m?/?/)^/-- fons hav C3nceevedyh\i\. vizz to ftrengthea and confirm it, and fignifieth the judicial decifiv record, or book of or this opinion, we hav the authority of the Saxon laws and charters. " Ego Cealwulfus, dei gratia rex Merciorum, rogatus a Werfritho, Epifcopo Hwiccio- rum, iftam libertatem donavi, ut tota parochia Hwiccio" rwffj a paftu equorum, regis et eorum qui eos ducunt, libera fit, &c." Charta Cealwulfi regis, Anno 872. *' Epifcopus, congregatis omnibus clericis totius faro- Ma^ &c." in a paflage quoted by Cowel tit. parijh. Here the bijhoprick iz explicitly c-i\\Q6.z parijh^ parochia ; and Blackftone remarks, " it is agreed on all hands, that in the erly ages of chriftianity in this ifland, par- ifhes were unknown, or at leeft fignified the fame az a diocefe does now." Com. Vol. I. 112. This, being a fettled point, wil perhaps furnifli a clue by which we may find the true origin of the word and of the divifion. It iz certain that there waz an ancient word among the Gothic nations, and probably among the Celtic, which fignified originally a matty afterwards a freeman, or landholder, in oppofition to that clafs of men who had no real property. This word waz fpelt by the Romans wV, and fignified a man^ by way of eminence, az diftinguiihed from homo 5 azalfo a huiband or houfe- holder. It anfwered to the otynf of the Greeks, az dif- tinguiihed from avfipoTTo?, a word denoting the human nice in general. The fame wordin the Gothic or an- QJent • Blackftone Com. vol. I. ira. 154 ORIGIN cf DOOMSDAY, t^c. cient German waz fpelt bar ;* and probably in fotrtc dia!e(fls/)^r, for thecon^'ertibility of hWwhp iz obvi- ous to every etymologilLf In the Erfe language, az Mc Pherfon toftifi.es, bar fignifies a man. The word iz alfo pronounced y>r oryVar, which approaches nearer to the Latin v'tr : Fergus or Ferguth iignifies a man of word or command. In modern Welfh, which iz the pureft relict of the old Celtic, bar is a fon, and barn a judge. In the ancient Iriih, brehon or barhon^ which iz merely baron with an afpirate, fignified a judge. See Lhuyd, Mc Pherfon, Offian, p. 4. and Blackftone's Commentaries, Vol. I. This word iz the root of the modern word baron ; for in ancient manufcripts, it iz fometimes fpelt viron^ denoting its derivation from vir. For this we hav the autterity of Camden and Du Cange under the word baron. So far we tred on fure ground. That theze words hav exifted or do ftil exift in the fenfe above explained, "wil not be denied ; and it iz almoft certain that they all had a common origin. The * Camden's Britannia. Baron. ■f Let no one queflion the probability of fuch changes of conronants which are formed by the fame organs ; for to this day ^ and i> are often ufed promifcuoufly. In the Spanifh language, we are at liberty to pronounce, A az f, or f az A ; and with us, marble is often pronounced mar'vle. It is alfo certain that the Roman -vir is found in the word mentioned by Cefar. Com. 11. 19. Vergo bretus, an annual magiftrate a* mong the ^^dui, a nation of Germany. This word iz derived from 'T'ir, and guberno, altho Cefar and Tacitus never fufpeft. ed it. The fame word iz mentioned by Mc Pherfon, az ftil exiting in the Erft language, fergubreih ; and its meaning iz the fameaz in Cefar's time : A decifiv argument that 'vir,fer^ and bar, are radically the fame ; and that the ancient Celtic language had a common origin with tlie Latin, A fimilar change of confonants iz obfervable in the words i/e/o and bull (the Pope's decree) wliich are radically the lame ; az alio the German too// and the Englifh nu'dl. So the ancient Pergamus jz called by the modern Turks, Bergapne. See Malheim's Eccle. Hift. Vol. I. and any DifTsrtations on the Eng. Lan- guage, Appendix. mth REMARKS. 755 The word Baron iz evidently.derived from the Ger- man bar or par, and under the feudal fyftem, came to lignify the proprietors of large tra£ts of land, or thoze valTals of the Lord Paramount, who held lands by hon- orable fervice.* I fhall hereafter attempt to proov that feveral mod- ern words are derived from the fame root ; at prefent I confine my remarks to the word pari/h, which, I con- jedure, iz a compound of par^ a landholder, and rick or rich, which hazbeen explained, az denoting territo- ry or jurifdiition : Parick or parich, the jurifdi^lion of a par or baron. It iz true the words baron and parlia^ tncnt feem not to hav been ufed among the Saxons be- fore the conqueft ; but they were ufed by moft of the nations of the fame original, on the continent ; az in Germany, Burgundy, Sweden and Normandy : And the ufe of the word parochia in England, before the conqueft, or at leeft by the firft lawyers and tranllators of the Saxon laws, iz to me the ftrongeft proof that fome fuch word az parick exifted among the erly Sax- ons, or which waz latinized by thoze writers. Even if wefuppofe the word borrowed from nations on the continent, my fuppofition of the exiftence of fuch a word iz equally wel founded, for they all fpoke dialeils of the fame tung. The firft knowlege we hav of the word parijh or rath- er parochia^ iz in the Saxon laws, copied and tranflated into Latin by thoze erly writers, BracSton, Britlon, Fleta, or others of an erlier date. In that erly peiiod, parochia waz a diocefe or bijhoprick, I fufpeil the jurifdi6tion of the bifhop waz originally limited by an erldom, county fhire, or territory of a great lord. This waz probably the general divifion ; forfometimes a clergyman or bifhop, in the zerude ages, had ' • The feudal fyftem iz commonly fuppofed to hav originat- ed in the conqueft of the Roman empire by the northern na- tions. The rudiments of it however may be difcovered az er- ly az the Cimbric invafion of Italy, a century before the Chrift- ianera. Se Florus. lib. 3. c. 3. The Cimbri and Teutones were tribes of the fame northern race, az the Germans and Saxons. S56 ORIGIN of DOOMSDAY, f^c, ' had cure of fouls in two or more adjoining lordrtiips ^ &nd it often happened that a lord had much wafte land on hiz demefne, which waz not comprehended in the 'original pariJJj^ and thus came, in later times, to be called extraparochial. But whatever particular excep- tions there might be, the remark az a general one, will hold true, with refpedl: to the original jurifdidtionof a bilhop. The number of counties in England iz at prefent forty, and that of the diocefes, twenty four j but the number of counties haz been different at different * times ; and fome changes, both" in the civil and ecclefi- aftical ftate, hav doubtlefs, in a coui fe of a thoufand years, deftroyed'the primitiv divifion. It iz however fome proof of my hypothefis, that mod of the bilhops in England are ftil called by the names of counties, or of cities which are fliires of themfeives ; az the bifhop of Durham, of Worcefter, of London, of Norwich, &c. or by the names of the cheef towns in counties ; az bifhop of V/inchefter, of Chichefler, he. Selden's account of the ancient divifions of the king- dom, confirms this opinion. See Bacon's Selden, ch. ti. The province or jurifdies than one, tho there are often many manors in one parilh." This iz the prefent ftate of facts, for originally the parifh, like the modern diocefe, covered many manors, or eftates of the inferior feudatories. Parliament iz faid to be derived from the French, parkfnent^ which iz compofed of parler, to fpeak, and ment or mens., mind. Cowel tit. Parliament. " Parliament," fays Johnfon, " parliamcntuns, law Latin ; parlement, French." Dt6t. fol. Edit. "It "• Par/on iz faid, by Coke and others, to be derived fi on>. perjonay becaufe this officer reprcfents tlie corporation or chwvch, 'vicemfeu perfonam ecclejia gererf. This reezoii leenis to be obfcure and iinfatisfactory. It iz polliblc the word nic*y proceed from tlic fame root az parijb, s'xz.par. mth REMARKS. 25^ *'* It is called parliament," fays Coke Litt. p. i lo. Ed. Lond. 1778, " becaufe every member of that court ftiould fmcerely and difcretely parlcr le ment" (fpeekhiz mind) " for the general good of the com- monwelth ; which name it alfo hath in Scotland ; and this name before the conquert: waz uzed in the time of Edward the Confeflbr, William the Conqueror, &c. It waz anciently, before the conquert, called inkheLfi- kath^* michel-gemote ; ealla^ ivitetia-gemote ; that is to fay, the great court or meeting of the king and all the wifemen ; fometimes of the king, with the counfel of hiz bifhops, nobles and wifefl: of hiz peeple. This tourt, the French men call les eflates ; or I'aJJcmble des ejiates. In Germany it is called a diet. For thoze other courts in France that are called parliaments^ they are but ordinary courts of juftice, and az Paulus Jovius affirmeth, were firft eftablifhed with us." The late editor of Cokes Inftitutes, remarks, in a note on this paflage, that the latter part of this etymol- ogy iz juftly exploded, and apologizes for hiz author by faying, " it iz to be found in preceding authors of eminence." He difcards the meniy and confiders it, hot az an eflential, but an adventitious part of thei word ; deeming it fufficient to derive the word from ■parlevy to fpeak. This opinion he receives from Lam- Dard. Such a definitioh, v;ith great deference to theze venerable authorities, iz a difgrace to etymology. Coke waz a great lawyer, and Johnfon a good Latin and Greek fcholar ; but neether of them waz verfed in the Teutonic language and inftitutions, where alone we fliould look for the origin of ovir laws and the Englifli conftitution. Johnfon indeed waz a mere Compiler of other mens etymologies, and Cowel, Sdden, Junius and others from whom he copibd, tho deeply lerned, fometimes fell into very whimfical miftakes. I am bold to afTert that the Englifh derivation o{ parliament^ or parlement from the French parler, haz no better au- thority * Great fynod — great meeting, S2 2^0 ORIGIN of DOx\^ESDAY, l^c. thorlty than a mere whim or notion of theze writers. We might az well derive purler from parliament^ and both from a parcel oi gollips, becaufe they are loqua- cious. The true etymology of the word iz par, or bar^ a landholder or baron, and le^ mote^ the meeting. I fay mote^ for this waz the Saxon fpelling of the word, after the prepofitiv ge waz dropped. It waz originally ge-- mote^zrz, in ivitena-gemote ; afterwards xhc ge waz difuf- ed, az in falk-mote. What the original French orthog- raphy waz, I am not certain j but the word came to England from f ranee, and we find the French article prerixed, par'le-ment ; a meeting of the barons. The fame found waz ufed in Germany, Burgundy, and oth- er parts of Europe, and in all, it had the fame meening, which it, in fome mefure, retains in France to this day. T\iQ coimnwiie concilium QiY.x\^-2iW^y before the con- queii, eonfifted of the witena^ or wife men. It retained the name oi zvitcna- gemote^ til after the Norman inva- fion. It iz perhaps impofTible, at this diftance of time, to afcertain exa<5fiy the manner of fummoning this na- tional aflembly^ or whether the commons or Tefler no- bility were entitled to a feet. In old charters, the king iz faid to hav pafTed laws by advice of the archbifliops, bifhops, abbots, erls and wife men of the relm j feniorum fapientium populi. But we are not able to determia whether theze feniores fapientes were admitted on ac- count of their age and vvifdom ; or whether pofleffion of real eftate waz a requifit qualification. So much iz certain, that in PVance and Germany, where we firft heer of parliamcntSy all the barons, that iz, all the nobil- ity, were entitled to a feet in the national council, in right of their baronys ; and this iz aflerted to hav been the cafe in England.* This fatfl-, fo well attefted in hiftory az to be undeniable, ought long ago to hav led the critical enquirer to the true origin of the French word, parlement. The name of parliament took its rife under the feudal fyftem, when the aflembly of men, fo called, confirtcd folely of barons or bars. It iz front this * i^tuarti EngUfli Conflitution, p. 275. mth REMARKS. 261 this circumftance that the provincial afiembjies of France are properly denominated parliaments. The eriy Norman princes, who introduced the name into England, fummoned none to their council but the cler- gy and nobility, and fometimes a few only of the great- er barons. The houfe of lords iz ftridly a parlia77ient^ according to the original of the word, altho fince the commons hav made a part of tlxe legiflature, the name 17. extended to the whole body. The word peer iz faid to be derived from the Latin par equal ; and this circumftance haz been the occafion of innumerable encomiums on the Englilh trial by peers. So far az equaUty in the condition of judges and parties, iz an excellence in any judicial fyftem, the pref- ent pra6tice of trial by jury iz efteemable among a free peeple ; for whatever may be the origin of the word peer., a trial by men of the naborhood may often proov a capital fecurity againft a court devoted to party. But it iz at leaft doubtful whether /)^^?j, az ufed for jurors, came from the Latin /><3r ; for it iz almoft certain that the word peer^ az ufed for nobles, iz derived from the German par^ a landholder, and this iz undoubtedly the tru primitiv fenfe of the word. That there waz fuch a word in ancient Germany, iz unqueftionable ; and par- amount^ which fignifies the lord of higheft rank, iz from the fame root ; par-amount^ the par or baron above thjg reft. The jurifts on the continent latinized the word, calling the lords pares ; and this, in later ages, waz miftaken for the plural of the Latin par. Az the pares or barons claimed almoft exclufiv ju- rifdiction over their manors, and held courts of juftice, ether in perfon or by their bailiffs, they came to be con- fidered az the fupreme judges in the laft refort of all civil and criminal caufes. Pares or barons became e- quivalent to yW^^x. \{tnQQ.x\\Q houfe of peers in Eng- land iz the fupreme judicatory of the nation. Elence the parliaments (meetings of peers) in France are fu- preme courts of juftice. Twelv waz a favorit number with our Saxon an- ceftors, aiid the king, or lord paramount, with twelv judges. 262 ORIGIN of DOMESDAY, 'dc. judges, conftituted the fupreme court or council among the ancient Germans. It will hardly be confidered a digreflion to exainin this inftitution with more atten- tion ; for if I miftake not, tlie rudiments of it are vifi- ble az far back az the Chriftian era \ or even az the Gothic migrations to the wefl and north of Europe. In the Edda, or fyftem of Gothic mythology, com- piled by Snorro Sturlefon, fupreme judge of Iceland, about the year 1220, we may difcern the principles which would naturally giv rife to the pradtice of trial by twelv men. The Edda will indeed be faid to be a collection of fables. To this 1 anfwer, fable iz gener- ally, perhaps always, founded on fa6l ; whatever addi- tions may be made in a courfe of time by imperfect tra- dition. The Edda iz acknowledged to contain an au- thentic account of the opinions of the northern nations at the time it waz written. This iz all I aflc. Snorro, and Torfaeus the hiftorian of the north, in- form us that even in Scythia, " Odin, the fupreme god of the Goths, performed the fun6lions of cheef preeft, aflifced by tivelv pontiffs^ who dijiribut?d jujUce."* Let us attend to a facl confirming the account. Mal- let, a hillorian of credit, teGihes that the hall or feet of juftice, my be flil feen in different parts of Sweden an4 Denmark. " Theze monuments, whoze rude bulk haz preferved thetii from the ravages of time, are only vaft * Mallets North. Antiq. Vol. I. 61. The northern nations had, like the Greeks, tnxiel'v principal deities, and this article m their religious beleef might originate the inliitiition of t-url-v prcejls, t'wel'v judges. Sec. Many civil inflitutions among rude nations, may be traced to their religious opinions ; and perhaps the preference given to the nunibtr tivelnj, in Germany, iu Greece, and in Judea, had its origin in fome circumftances az ancient a^ the race of the Jews. Odin, which in Anglo Saxon, waz IFoden, waz the fupreme god of the Goths, anfwering to the Jupiter of tlie Greeks : And it iz remarkable that the words, '^0^,^00^, odlii and "Tjuodea, all fprung from one fource. Wc (hall not be furprized that the fame word fliould begin with fuch different letters, when we refleft that: fuch changes are very common. The Danes omit -w in nvord ; a diftionary they call ord-bog., a word book' ; c»nd the Spaniards, in attempting to pronounce iv, always ar- ticulate^. See my Diflvitationsj p. 33 J. fPith REMARKS. 263 vaft unhewn ftones, commonly tweh in number, fet upright, and placed in form of a circle. In the middle iz a ftone, much larger than the reft, on which they made a feet for their king. The other ftones ferved az a barrier to keep off the populace, and marked the place of thoze whom the peeple had appointed to make the eIe6fion (of king.) They treeted alfo in the fame place of the moft important affairs."* There iz one neer Lunden,f in Scania, another at Leyra, in Zea- land, and a third neer Viburg, in Jutland. This being a well attefted fa6i, we are difpofed to bcleev what iz related in the Edda, Fable 7th, where it iz afked, " what the univerlal father do when he bik Afgard, (the divine abode.") It iz anfwered, a- greeable to the receeved opinion of the Goths, " he in the beginning eftabliflied governors, and ordered then2 to decide whatever differences Ihould arize among men, and to regulate the government in the plain, call- ed Ida, wherein are tivelv feets for themfelves, befides the throne which iz occupied by the univerfal father,"| On this paffage, the tranllator of Mallets Hiftory haz the following note. *' Theze judges were twelv in number. Waz this owing to there being twelv primary deities among the Gothic nations, az there were among the Greeks and Romans ? This I ftialj not take upon me to decide ; but I think one may plainly obferve here the iirft traces of a cuftom, whicli hath extended itfelf to a great many other things. Odin, the conqueror of the north, eftabliftied a fupreme court in Sweden, compofed of twelv members, to affifl: him in the functions of the preefthood and govern- ment. This doubtlefs gave rife to what waz after- wards called the fenate. And the fame eftablifhment in like manner took place in Denmark, Norway, and other northern States. Theze fenators decided in th* laft appeal, all differences of importance ; they were, if I may fay fo, the affeflbrs of the prince ; and were in number * North. Antiq. Vol. I. 169. t London, in England, probably had its name from t|ijs place. ■ X North. Antiq. Vol. II. 41, • 264 ORIGIN cf DOMESDAY, ^c. number twe!v, az we are exprefsly informed by Saxo, in hiz life of king Regner Lodbrog. Nor are other monuments wanring, which abundantly confirm this truth. We find in Zealand, in Sweden, neer Upfal, and if I am not miftaken, in the county of Cornwai, large ftones, to the number of twelv, ranged in the form of a circle, and in the midft of them, one of a fuperior height. Such in thoze rude ages, waz the hall of au- dience ; the ftones that formed the circumference, were the feets of the fenators ; that in the middle, the throne of the king. The like monuments are found alfo in Perfia, neer Tauris. Travellers frequently meet there with large circles of hewn flones ; and the tradi- tion of the country reports, that theze are the places where \\\txaQus or giants formerly held their councils.* I think one may difcover veftiges of this ancient cuf- tom, in the fable of the twelv peers of France, and in the eftablifhment of twelv jurymen in England, who are the proper jzidgeSy according to the ancient laws of that country." It iz certain that feme outlines of this mode of de- ciding controverf.es by twclv^ may be feen in the cuf- toms of the Cimbri and Teutones, long before the Chriftian era. But I cannot find that the idea of cquaL jty ever entered into the original inftitution. On the other hand, every old authority that I hav confulted confirms me in tlie opinion, that the ttvelv men were chofen from among the landholders or better claffes of peeple ; that thcv were the judges of the court, and that the diftinciion between judges and jury, law and fadf, iz a refinement or improovment on the orig- inal conftitution, and comparativly of modern date. It iz certain that a difference of rank exifted among the Germans in the time of Tacitus. " Reges ex no- bilitate, duces ex virtute fumunt."f The fame writer exprefsly declares, that matters of inferior concern and private juftice came within the jurildiiftion of their ^iinces. " De minoribus rebus priiicipes confultant, de majoribus, * See Chardin's Travels,- Vol. III. t Tac. de Mor. Germ. r. 7. mth REMARKS. 265 majonbus, omnes.'"* In nnother paflage, he is more explicit : " Principes jura per pagos vicofque red- dunt."t Cefar iz ftill more explicit : " Principes regionum atque pagorum inter fuos jus dicunt, contro- verfiafque minuunt."J Theze principes regionum atque pagorum^ Blackftone fays, we may fairly conftur to be lords of hundreds and manors ;§ they were originally elediv, az we are informed by Tacitus, " eliguntur in conciliis * Tac. de Mor. Germ. c. 11.— f C. 12, % De Bello Galileo. lib. VI. c. 21. ^ Com. Vol. III. 35. This cannot be flriflly true ; for the principes were eletitiv ; and therefore could not hav owned the land (pagus) or exercifed the office of judge in right of their property. The kings, princes, and generals of the an- cient Germans were ele£ted ; lome for their nobility, that iz, the refpeftability of their families, arifing from the valor and merits of their anceflors ; others, az their duces, military com- manders, were chofen for their virtues, their perfonal bravery. This I take to be the meening of that pafiTage in Tacitus, •'Reges ex nobilitate, duces ex virtute fumunt." " The Comitcs ex pkbe," fays Selden, chap. 18, " made one rank of freemen fuperior to the reft in wifdom." The Saxon nobles were called adelingi, or wel born ; the freemen, frilingif or free born ; the latter might be afliftants in the judicial de- partment. The lower ranks were called /azzi or flaves ; and indolence iz fo neceCTary a confeqnence of bondage, that this word lazzi, or Jazy, haz become finonimous with indolent, Jlwg- gijh. This word iz a living national fatire upon eveiy fpecies offlavery. 3iit the efFeff of Slavery iz not merely /7/Jo/^«iecd every nobleman waz originally a baron. Coke. I. 74. l"he lords of manors, both in England and on the continent, were the fuitors in the king's court, and called fares Curtis or curia;. The lords tenants were called the peers of hiz court baiou. See Blackltone, Vol. I. ch. 4. mth REMARKS. 11% \o t remote period of antiquity, and find it ufed by the emperor of Germany ; or at leeft an appellation giv- en to one of the firft councils in hiz dominions. This iz the pure primitiv fenfe of the word peers^ baram j that iz, in the full latitude of its fignification, all the an- cient nobility j who held landsof him ether immediately or mediately j who formed hiz fupreme judicial court, and in fome countries, hiz legillativ alTembly ; who were hereditary councillors of the crown j and cheef judges of all caiifes arifmg on their own manors, ex- cept fuch az were of great confequence. This explanation accounts for what Selden has re- marked, chap. 65, that " the barons of England, be- fore the reign of Edward I, were rather the great and richer fort of men, than peers^ altho they were of the number.'* That iz, the Saxon thanes, who were great landholders, but inferior to the erls, had, after the con- queft, receeved the appellation of barons from the con- tinent ; but, being a fecondary clafs of nobility, had not claimed or acquired the power and privileges cf the German and French princes and nobles who had the title of peers^ until the Norman kings had intro* duced, into the kingdom, the opprefllv and invidious diftindions of the feudal tenures, in the full extent of the fyllem. It will be enquired, if this iz the fenfe of the word» how came juries of common freeholders to be called peers ? The anfwer iz eefy ; the jurors were xXxt judg- es of tiie inferior courts, and not merely the equals of the parties, az iz commonly fuppofed. The erl or haron, in ftriftnefs ; but more commonly, the vice* comes, fherifF or lords deputy, waz the prefident or cheef juftice, and the jurors, the ajjijiant judges. For this opinion, numberlefs authorities may be produced. The barons were the affiftant judges, piers^ in the court of the lord paramount or king, and thus became judges by prefcription ; fo the word peer or baron^ in time, became equivalent to judge. Az the nobles were judg- es in the kings court, and decided on appeels in the laft refort, fo the freeholders who conftituted the court T in i74 ORIGIN of DOMESDAY, erV. * in the county, liundred or manor, came to be derioitt- inated peers^ that iz, judges. Reeve, in hiz hiftory of the Englifh Lav/, remark;;, that " the adminiftration of juftice in the days of Wilhairi the conqueror, wax {o commonly attendant on the rank and character of a baron, that baro and juji'iciarius were often ufed fynonimoujly" Blackflone fays, " it iz probable the barons were the fame az our lords of manors, to which the name of court baron (which iz the lords court, and incident to every manor) givs fome countenance." Vol. I. 398. It iz furpriz- ing, theze writers fhould approach fo neer the tru orig- inal and meening of the word, boron^ and not reech it. Molt writers on the ancient ftate of government iii Europe, hav remarked that the nobility held the office of judges. " Les mefmes comtes," fays Mezeray, *' et dues, (Jui jugeoint les Francois, les menoient a la guerre." torn. 1. p. 118. The counts and duke$ v.'e're both judges and generals. •' Duo — comitum munera fure ; unum videlicet juflitiae populis miniftrandae, alteram militia fibi fub- je^'tae, quando irt bellum eundum erat, educendae atque regendae." Muratori. Antiq. Ital. tom. I. p. 399. The counts had two offices or departments of bufi- nefs ; tiie adminiftration of juftice, and command of the troops in war. Stuart, in hiz Englifh Conftitution, remarks, " that the erls prefided in the courts of law. Their jurifdic- tion extended over their feefs : In all caufes, civil and criminal, they judged without appeel, except in cafes of the utmoft confequence." Part 3. Sed. 3. I prefume it iz needlefs to multiply authorities. Thd ftrongeft argument in favor of my opinions iz drawn from the fupreme judiciary powers of the houfe of lords in England. The lords are peers of the relm ; that iz, the ancient prefcriptiv judges or barons, who claim the privilege by hereditary right or immemorial ufuage. The houfe of peersy iz literally and in fa(5l, a houfe of judges j an aftembly of all the ancient judges in the kingdom. So Selden relates of the Saxons, whom he rrith REMARKS. 37s fie fuppofes to be defcended from the fame original aa the Greeks, and long prior to the ages of Roman glory j " rheir country they divided into counties or circuits, all under the government of twelv lords, like the Athe- nian territory under the Archorites. Theze, with the other p7-inceSy had the judicial power of dijiributiv jujiice committed to them, with a hundred commoners out of each divifioh." Tit. Saxons. The fame writer de- clares, chap. 58, that the nobles " were in their moft ordinary work, meetings of judges^ or courts of judicature ; that the king and I;iiz barons made many laws and conftitutions which hav obtained the name of ftatutes," (which he fuppofes may hav been equitable decilions 6f new caufes, which afterwards had the force of laws) " that the judges of this fupreme court are the baronage df England ; and that the houfe of lords rtill retain their fupreme judiciary powers by ancient prefcriptiv right." In addition to this authority, I would remark that the modern fupreme judiciary of Scotland iz copied al~ moft exadtly frotn the ancient Saxon trial by laghmeii or thanes. The lords of feffion, or prefident and four- teen judges, are a court of law and (zSt, without a ju- ry ; and this iz exactly the old trial by peers. The parliaments in France are juftly faid by lord Coke, to be ordinary courts cf jujiice-, another ftriking evidence of what I hav advanced. The word parlia- ment came from France, where it denotes that aflembiy of barons, which conftitutes the fupreme ccurt of juftics in each of the feveral provinces. This iz the original import of the word, and the parliaments in France ftill retain that fignification. This name waz introduced into England, under the Notman princes^ and fuper- feded the Saxon name of the national afi'embly, witena- gemote. Indeed, during the depreffion of the peeple, under the firft princes of the Norman line, when the military tenures were eflablilhed with rigor, national aflemblies were called but feldom, and when fummoned, confifled principally of the bi(hops and peers (barons) of the relra. They however acquired the name of /ar- ' T 2 lismenty sj6 ORIGIN or DOMESDAY, ^c. liament, and retain it to this day ; altho one branclr of that body iz compofed of commoners. Ti^etru meen- Jng oi parliamrni iz a meeting of barons or peer s^ and theif principal bufirrefs waz to decide controverfies : They hfad original jurifdiction over caufes in which the no- bles were parties, az men of rank would not feek re- drefs before ari inferior tribunal ; and they had an ap- pellate jurifdiftiorr over other caufes in the laft refort. The parliament of Englarki iz a legiflativ body ; but the houfe of lords retains' tl>e primitiv privilege of finally deciding controverHes. This branch of the^eg'itlature alone anfwers to the parliaments in France, which ap- proach neer the ancient irrftitution.* So in England', the houfe of lords, and even the temporal lords alone, were called formerly a parliament. Blackftone, b. IV", c. 19, upon the authority of ancient books and records, repeetedly denominates the houfe of peers, when afting az a court of fupremejudicaturey a' parliament, zfull parliament ; and the fpiritual lords are not permitted to giv any vote upon|-///y or not gilty^ fot tliey are riot arfcierrt/>5d'ri(tlTat iz, bafons, prefcrip- tiv judges) oi the relnri. It haz been douted whether the fpiritual lords had a right to f?t in the houfe on the trial of a peer ; but by a determinatiorf of the lords ire tlie erl of Danby's cafe, r67d, they were permitted *' to flay and fit in court in capital cafes, till the court proceeds to the vote of gilty or not gilty." Still they form no p'art of the court ; the temporal lords confti- tuting ^ full parliament^ that iz, az I hav explained the tru primitiv meening of the word, a meeting of barons or judges, f I would • The Norman princes might well c'aU theii' councils ^ar/w- 'ihents, meetings of barons \ for they often fiimmoned none but the barons and clergy, and fometimes but a few of the barons- Henry the third, once funimoned but twenty five barons of two hundred and fifty, then in the kingdom, and one hundred 4nd fifty of the clergy. Yet this meeting waz a parliament. Scldcn, chap. 67. t Thoze who wifh to fee a more particular account of the extenfiv judicial powers of the barons in Europe, may confult Rotertfon's Charles V. Vol. I. page 49, »nd note [Z] page Jior, w.herc the authorities are referred to. With REMARKS. 477 I would juft add on this head, that the inftltution of fweh judges in England, iz. copied from the ancient mode of trial in Germany. The old Curia Regis cori- fifted of the king, hiz grand jufticiary, the officers of hiz palace and his barons. This court followed the Kings perfgn wherever he went. Out of this wer? formed the feveral courts now eftabliftied at Weftmin- iler. But the title of barons ofihe exchequer and barons of the cinque ports, who are judges, furnifhes an addi- tional argument in favor of my opinions. The foregoing explanation oi the words, baron and feer^ leeds to a probable account of the trial by peers. It can be prooved that the jurors were theyW^^^ of the county, hundred and manor courts, and the probability iz that thefuitors in theze courts receeved the appella- tion of peersy from the circumftance of their being landholders. Several autl^orities feem at leeft to favor this opinion. *' Concerning the inftituti^on of this court by the laws and ordii^ances of ancient kings, and efpecially of Alfred, it appeereth that theftri^ kings of this relm had all the lands of England in demefne, and les grand manors et royalties, they referved to themfelves ; and of the remnant, they, for the defence of the relm, en- feoffed the barons of the relm, with fuch jurifdi6tian az the court baron now hath, and iriftituted the free- holders to ht judges of the court baron."* " The manor courts ar£ of two forts. The firft is by the common law, and iz called the court baron, az fome ha\^ faid, for that it iz the freeholders or freemen? court, (for barons m one fenfe fignifie freemen) and of that court thefreeholders^being luitorj, he judges. The fecond iz the copyholders court, which iz called a court baron, becaufe among the laws of king Edward the confeflbr, it iz faid : *^ Barones vero qui fuam ha- bent curiam de fuis' hominibus," taking the name of the baron who waz lord of the manor, or for that prop- erly * Coke Litt. 74. That the freeholder^; were judges if tru ; but that the oarons and freeholders derived tlieir authority feom kings, iz wholly a miC.ake, 278 ORIGIN of DOMESDAY, k^c. erly in the eye of the Iaw,it hath relation to \.\\c freeholds ers who are judges of this court. And in ancient charters and records, the barons of London and the cinque ports do fignify x\\q. freemen of London and the cinque ports."* Theze paiTages are exprefs to my purpofe. Indeed it muft hav been that the freeholders, now c^Al- td juror s^ were judges ; for the lord of the manor waz cheef judge or prefident merely, and we heer nothing, at this erly period of Saxon junfprudence, of a dilHnc- tion between law and facl. Home, in the Mirror of Juftices, aflertsf " that by the conftitutions of Alfred, the free tenants in every county, hundred and manor, were to meet together and judge their nahors,'" " Every free tenant hath ordinary jurifdi(^lion in theze courts." '* The lords and ten- ants ihall incur certain penalties by the judgement of the fuitors." " Theze courts are called county courts, v/here the judgement iz by thejuitors, if there be no writ, and iz by warrant of ordinary jurifdiftion." That iz, when there waz no fpecial court held by the juftices in cyre.J So alfo in a book, called the " Diverfity of Courts," written in Henry the eighth's time, it iz faid, " in the court baron the fuitors are the judges^ and wi the Jieivard." Cowel tels us, " the court baron iz more properly curia baronum^ i. e. the court of freeholders^ (for fo bar- ones does alfo fignify) over whom the lord of the manor prelides. In this court Xht freeholders are judges.''^ Selden's authority confirms this fact. He fays, " neether waz the bifnops nor fherifFs work, in the folk-mote or county court, other than diredory or de- claratory ; for the freemen were judges of the ta6l, and the other did but edocere jura populo."\\ Here a diltinc- tion iz cleerly made beetween the freemen and the pop- ulus ; the freemen were the judges, and the bifhop or (lierifF edocuit jura, proclaimed the decifion to the multitude. * I. CokeLitt. 73. 1 Cap. I. Sea. III. I He mufl fpetkof tlie flate of things after the conqyefj, otlierwife >j(y?/Vdv in ejrc would not hav been mentioned. \ L?.w Dift. Court baron. \\ Bacon's Sclden. chup. 2;^. mth REMARKS. ?79 jnultltude. The freemen, or landholders, then were the peers of the court ; they were not the equals of the multitude, for the populus^ the laborers of all defcrip- tions, were confidered az belonging to an inferior clafs of men, and had no voice in the folk-mote. To fum up the whole, we hav the authority of the corredl and judicious Blackftone, who exprefs- lyaflerts, book III. chapters IV and V, that in the court baron, the hundred court and county court, the freeholders or fuitors are the judges^ and the Rew- ard in the two former, and the flieriff in the latter, are the regijlrars or rninijlerial officers. Now it iz well Icnown that before the conqueft, theze included all the courts that were in the kingdom, except the w'ltena- gemote^ in which there waz nothing like a jury, feparate from the members of that council. So that the free- holders or jurors were not only yzi^^^j, but they were jthe fole fudges in all the inferior courts in the king- dom j and of courfe there could be Uttle or no diflinc- tion between law and foH. Nay, more, the fuitors were the witneffes alfo ; and the principal reezon for fummoning freeholders of the vicinage waz originally this i it waz fuppofed they werp acquainted with the fads in difpute. Hence laws were made to compel the jurors to tell the truths if they knew thefa^s, which waz always fuppofed, till the contrary appeered. In theze courts fmall caufes were decided ; and the coun- ty court had cognizance of ecclefiaftical caufes, az well az civil, and, often determined difputes between the pobles, about real eftates of immenfe value. But important matters were generally brought be- before the witena-gemate^ or aflembly compofed of the king, bifhops, erls and wife men. This waz a nation- al council, whicl) unjtefi in itfelf all powers, legiflativ, judicial, civil and ecclefiaftical, in law and equity. Such a thing az % jury w^z never known in this fupreme court. William the conqueror firft feparated the civil from the ecclefiaftical authority, and fubftituted the au- la regies^ a high court, confifting of hiz cheef officers and barons, in place of the Saxon witcna- gemote. This cpurt v»raz the fupreme judicature in the nation j a jury was i$Q ORIGIN of DOMESDAY, 6'r. waz no part of it, and it followed the king wherevc^ he went, till it waz fixed by Magna Charta in WeA- minfter Hall. Afterwards, in the reigns of Henry III and Edward I, feveral courts were carved out of the yfu/a Regis ; az the common pleas,»the court of kings bench, the exchequer and chancery courts ; and it does not appeer that a jury, diftin6t from the judges, formed any part of the important common law courts, till af- ter this period. The diftindion therefore between judges and jury, law and fadl, feems not to hav been known, till the dilTolution of the Jula Regis^ at the cloze of the thirteenth century. Let us enquire what kind of me^i theze freeholders were, who were fummoned az jurors or judges at theze courts. Lord Coke iz exprefs, and quotes Glanvil and Brac- ton for authorities, that " in ancient times the jurors were tiue/v knights," (that iz, probably, perfons hold- ing land amounting to a knights fee.)* Henry III ifTued writs to the feveral counties to en- quire into the liberties of hiz fubjeds, by tweh good and lawful knights.\ The Saxon laws are more explicit. " Habeantur pbcita in fingulis wapentachiis, ut exean- tur duodecem tkoyni et praepofitus cuni eis, et jurent fu- per fanetuarium, quod eis dabitur in rnanu, quod ne- lYiinem innocentem velint accufare, vel noxium conce- ]are."t Here the law of Ethelred iz explicit in or- daining a court of twelve thayn'i^ thanes or barons, with iheir praepofitus or prefident, who wa'z the officer of the hundred. Cowel remarks on this pafTage, " that this may feem to intend the number of judges y and not of the jury ; but the jury themfelvcs, in fome cafes, arc judges,, that iz, they zxt judges of ihtfacl^ and the judg» iz bound to giv fentence according to their verdid." This * Some fay this fee waz eight hundred akers of land j others, fix hundred and eighty, or 20I. a year, vi hich, confider- ing the dificrence in the value of money, ^vaz equal perhaps ro 300I. or 400I. at tlie prefent time. Here lecms to be a confufion of ancient and modern ideas. The ancient knights fee waz a certain traf t of land ; in later times that fee was vahied at 20I. in money. ' t Hale"s Hid of Com. Law, 154. X L L Ethel, c. 4. mth REMARKS. i8i This v/riter here fuppofes the thayni to be r^zWy jurors ^n^ judges ; but judges only of the fa^. This iz t.h'^ Jundamental error of moft lawyers who hav written on the fubjeit j they take it for granted, that the diftindion Ciilavj 7Li\Afa£i waz coeval with the trial by twelv free- holders. Yet a fmgle circumftance, mentioned by Cowel in the fame page, with the paflage quoted, might hav undeceeved him, which iz, that " trial by jury waz anciently called duodecetn virale jud'uium^^ the judgement of twelv men. Their fentence or decifion waz called a judgement '^ the diftindtion between the "jerdi^i of a jury, and the judgement of the court, waz unknown in the erly ages of the Saxons 3 nor can I find it mentioned, till after the conqueft. This, and fimilar paflages, hav however occafioned much difpute among other Engliih lawyers and aiiti- quaries. They hav adopted the opinion, tliat a jury muft confift of twelv equal commoners, and cannot ex- plain wh^t iz ment by fummoning twelv thanes. *' Brady and Hicks," fays Stuart, " contended that theze thanes were not jurors^ but judges or lawyers. Coke and Spelman were of a different opinion." The truth iz, they were both jurors and judges j and a knowlege of the tru primitjv fenfe of one little mono- fyllable in our language, would hav unravelled the whole myftery to theze learned enquirers. The moft ufual word for jurors, in the Saxon laws, iz lahmen or lagemen ; a word that haz puzzled the law writers, az it feems to meen fomething more than equals J and they hav no idea of any thing in a jury, but equality. Hicks fuppofed them to be judges, " duo- deni jure confulti," men yerfed in law. Spelinaii Rendered the word, legales homines, good and lawful men ; very inadequate words indeed ; but the error haz been copied times without number, and ftiU pre- vails. Lahman iz literally a law man, man of the law, a judge. Law waz in a rude ftate, at that period ; but the thanes were both lawyers znA judges ; jure conjulti."^ Profelfional * We find by ancient records, tliat the clerg}-, before the fonquell, were foinetijnes fummonedaz jurors or judges in the ■"■■■'. ' ' ' teniporsU ?82 ORIGIN of DOMESDAY, i£c. Profeffional diftincflions could not be but little known, amidft an unlettered peeple, who had few pofitiv laws, and fewer records and precedents ; and the lahmen^ the feitiores thaniy or rneliores viriy az they were called, were fummoned at certain times to decide controver- fies, according to law, where a law waz provided ; oth- erwife according to their difcretion. The decifions of theze lahmen were held in efteem ; many of them were preferved and handed down by tradition, and I hav no dout, theze, rather than flatutes, gave rife to the general and particular cuftoms, which are called the common law of England.* Coke defines lahman to be one, " habens focam et facam fuper homines fuos ;" that iz, liberty of hold- ing a court over hiz tenants : Which explanation he qUjiptes from Bracton. " Soke, (or foe) lignificat lib- ertatem curia tenentium quamy^t\2/« appellamus."t This temporal courts.^ But the thanes\^tx^ the mofl; ufual judges in the courts baron. The proper Saxon name of this court vaz halim&te or halmote, hallmeet'ivg ; *• Omniscaufa terminetui' vel hundredo, vel comitatu, vel halmote, Iccani habentiam, vel dominorum curia."f And in W. Thorn, Anno 1176, the judges of this court are exprefsly faid to be ihanes, " tha- fienfes, qui in Halimcto fuo, in Thaneto, omnia fua judicia ex- erceri,' (debent.) Seiden, chap. 47, mentions a law of Henry I, which recites a cuftom of that time, by v\ hich " the bijhnps and erls, with other the cheef men of the county, were prelent in the county court az afliftants in direflory of judge- ment." Nothing can be more explicit. And altho Seiden, in a paiTage hereafter quoted, mentions a compromife between Gunthrune, the Dane, and the Saxon king, that men of a rank inferior to lords fliou|d be tried by their equals, yet this inferior rank could extend only to frceinen; for others were never admitted upon juries. • " And the fherifFs and bailiffs caufed the free tenants of their bailiwicks to meet at the counties and hundreds, at which jiillice waz fo done, that every one fo judged hiz na- bor by fuch judgement az a j^an could not elfewhcrc rcceev in the like cafes, until fuch tuues az the cuftoms of the rehn ivere put in writing, and certainly cflabliflied." Mirror. chap I. fedt. 3. t Fleta. lib. I. c. 47. § See Seljien, tit Sax. bi/hops.— — — f L. L. Hen. I. cap . 10. mth REMARK S. 283 This word iz found in domefday and in the laws of Edward the confeflbr. Cowel quotes a paflage from an ancient book, where Uh'et, the Son of Forno, iz called lagamayi of the city of York, where, he fays, it doutlefs fignified fome cheef officer, az judge or re- corder. Thoze who had Jocam et faca?.>i, or jurifdic- tion over the perfons and eftates of their tenants, were the thanes or barons ; ajid this iz agreed by Lambardj Somner, Coke, Cowel, and mofl writers on law>- Lambard, whoze authority iz very refpedtablc, fpeeks of a jury thus : " In finguiis Centuriis comitia lunto, atque liberae conditionis viri dUodeni a^tate fuperiores una cum pra;pofito, facra tenentes juranto, &c." Of a jury ^?r medietatem leriqua, he fays, " Viri dacodeni jure conjtdti^ Anglias fex, Walliae totidem, Anglis et Wallis jus dicunto." Fol. 91. 3. Here Lambard not only defcribes jurors az men oi free * condition and refpedable for age, but az jure ccnjulti^ the judges of the court ; znd jus dicunto ^ they were men who ad- miniftered law and juftice. This, it appeers from all ancient teftimonies, waz the uniform pradice among the Saxons. The jurors were twelv thanes or men of free condition ; lahmen, jure conjulti^ or jydges, and conftituted the court ; with the praspofitus, or proper officer of the diftricl, az their prefident, who fat az the deputy of the eri, in the county court ; the deputy of the lord of the manor, in the court baron ; or az the cheef magiftrate of the hundred. And one fource of error in underftanding this ancient inftitution, haz been the wrong tranflation of lahnian^ by Spelman and others, who rendered the word, legalis homo ; a good and lawful man. The meenjng iz not fo indefinit az a lazvful man^ which could not be redily underllood or explained. Rude nations do not deal in fuch vague ideas. * Laghmavy to this day, iz the name of a judge or maglf- jtratc, both in Sweden and Iceland. In thcze countries it re- tains its primittv and tru Enghlh nieening.— Mallels Northo Vol, I. p%4 ORIGIN cf DOMESDAY, ^r, ideas. The meening iz, man of laiu, whoze bufinc^ it waz to know the law and adminifter juftice.* But if we fuppofe the.word to meen Ugalis homo, and that the only requifit in a juror, iz freedom ; or that he fliould be /iber homo ; this would exclude z vaft proportion of the Englifh nation from the privi- Jege. I know that Magna Charta repeetedly mention* theze freemen, liberos homines^ and fecures to them certain rights, among which iz, trial per pares fuos, vhich I fuppofe to hav been originally, by their judges ; altho at this period, the idea of equality in the condi- tion of judges might hav prevailed : And indeed the Jreemen were moftly tried by men of equal rank. I am fenfible alfo that the modern conftrudlion of Magna Charta extends this privilege to every man in the relm of England ; omnis liber homo iz faid to comprehend every Englifh fubjecft. I rejoice that by the ftruggles pf a brave peeple, this conftrudion of fhat compad has adually • Selden waz forced to confefs the jure cpnJuUi and state fu^ ferioreSf fo often mentioned in the Saxon laws, az compofing the homage or jury of twelv, to hav been cheef men both fo^ t^xperience tmd AnvwUge. To fuch as ftumble at this conceet, as he exprefles it, he remarks that the work of jurors requires them to be cheef men, a^ they judge of matter of faS \ (a rcezon drawn from the modern notions of jurymen's province.) And |ie adds, the jurors, who were co-aireilbrs, with the bifliop or fheriff in the court, were feeted in the moft eminent place, and might hav held it to this day, az they do in Sweden, had th< €heef men ftill liolden the fervice. But the great became neg- ligent of fuch public duties, and Ipft the bufinefs to thoze ot x xiieener condition, wlio would not or durfl: not take the bench ; and therefore took tlieir leets on the floor— (took feparat^ feets.) He fays further, that the Danes, on their lettiement in England, would notaflbciate with men of this condition ; fo tliat a compromife took place between Alfred, the Saxon king, and Gunthrune, the Dane, by which it waz decreed, that a lord or baron fliould be tried by twelv lords, and one of infe- rior rarjc, by ele- cipes pagorum iet regionum^ with a certain number of af- fiftants, originally a hundred, fometimes twenty four, but commonly twelv, eleded by the peeple, {noi prs re iiat(7^ but for a ftated period) formed a council (concilium) for the government of a diftri(5^ : That in their military expeditions, the duces^ or generals, had their life guards^ or comites, who attached themfelves to the perfon of their cheef, and fought by hiz fide :* That others, teftify that the folk-mote, peeple's meeting or county court, waz a county parliament, invefted with legillativ or dii- cretionary powers in county matters. In theze Tmall diftridts, they appeer to hav been competent to decide ail controverfies, and make all neceflary local regulations. The legiflativ, ju- dicial and executiv powers, both civil and ecclefiaftical, were originally blended in the fame council ; the wltena-gemote had the powers of a legiflature, of a court of la.v, and cf a court of equity over the whole kingdom, in all matters of great and general concern. But this court waz compofed of lords, bifb- ops, and majores natu or fapientes, men refpeifled for their age and lerning, who were of the rank of freemen. All the free- men were bound alfo to do fuit in the lords court, and to at- tend the folk-mote on the flieriffs fummons ; but t'iuel' II, there were in England eleven hun- dred and fifteen caftles,andaz many tyrants az lords of caftles. William of Newbury fays, in the reign of Stephen, " Erant in Angliaqiiodammodotot reges, vel potius tyranni, quotdom- ini taltellorum." It waz the tyranny of theze lords or their deputies, which rendered the intervention of twelv judges of the naborhood, highly neceffary to prcferve the peeple from the impofitions of their ra acious maflers. Hence the privi- lc.ufliati boiarons itfelf iz derived from bar^ az wel az bajs^. The authority of this judicious and lerned writer wil however confirm what I hav advanced in the forego- ing pages ; 1 (hal therefore cloze my remarks witn a palTage from hiz works, vol. HI, 363. " I k;iow very well how much critic haz been em- ployed by the mod lerned, az Erafmus, Selden, Spel- man, az well az many others, about the two words baro and feudum j and how much pains hav been taken to deduce them from l4ie Latin and Greek, and even the Hebrew and Egyptian tungs ; but I find no reezon, after all ihey hav faid, to make any doubt of their hav- ing been both the original of the Gothic or northern language ; or of barons having been a term of dignity, of command, or of honor, among them, and ieudum of 9 foldier's ihare of land. I find the firft ufed abuv eight hundred years ago, in the verfes mentioned of king Lodbrog, wlien one of hiz exploits waz to hav conquered eight barons. And tho fees or feuda were in ufe under later Roman emperors, yet they were de- rived from the Gothic cuftoms, after fo great numbers of thoze nations were iritroduced into the Roman ar- mies. Az to the word baroy it iz not, that I find, at all agreed among the lerned, from whence to derive it ; but what that term imports, it iz eafy to collect from their feveral accounts, and confirm by whatrtil remains in all the conltitutions of the Gothic government. For tho by barons are now ment in England fuch az are created by patent, and thereby called to the houfe pf lords ; and baron in Spanifh (ignifies only a man of worth or note, and the quality denoted by that title be flifferent in the feveral countries of Chriftendom ; yet there * See my Differtations on the Englifli language, 313. 298 ORIGIN of DOMESDAY, ISc there iz no queftion, but they were originally fuch per- fons az, upon the conqueft of any country, were, by the conquering prince, inverted in the pofleirion ot cer- tain trafts or proportions of free lands, or at leeil az they held by no other tenure but that of military ferv- -^ ice, or attendance upon their prince in war with a cer- tain number of armed men. Theze in Germany, France, Scotland, feem to hav had, and fome ftil to re- tain, a fovereign power in their territories, by the exer- cife of what iz called high and low juftice, or the power of judging criminal az well az civil caufes, and in- f-ifting capital punifhments. But I hav not found any thing of this kind recorded in England, tho rhe great barons had not only great number of knights, but even petty barons holding under them. 1 tliink the whole relm of England waz, by William the conqueror, divided into baronies,* however the dif- tin£lions may hav been long fmce worn out ; but ia Ireland they ftill remain, and every county th^re iz di- vided into fo many baronies, which feem to hav been the Ihares of the firft barons. And fuch as theze great proprietors of land, compofed, in all the north weft regions (of Europe) one part of the ftates (eftates general) of the country or kingdom." Sir William Temple proceeds then to giv hiz con- je£^ures refpCvSling the origin of the word baron. He remarks that Guagini, in hiz defcription of Sarmatia, printed in 1581, calls all thoze perfons who were cheef pofl"cflbrs of lands and dignities, next to the prince, duke or palatine, in the vaft empire of Mufcovy, by the common appellation of bo'iarom^ now contracted into boicirs. From this he fuppofes baron to be derived. It iz however much more probable that baron and boi- aron had a common root in fome period of remote an- tiquity J which afterwards fpread into all parts of Eu- rope. With * This iz not accurate. The thaneniips or lord/hips of the Saxons, at the conqueft, took the title of baronies j but the diviaons probably exilkd before. JVlth REMARKS. 299 With refpe^t to trial by jury, Sir William remarks, Vol. III. 130, that this waz undoutedly of Saxon infti- Jution, and continued thro all the revolutions in Eng- land. He fays there are fome traces of it in the fidl jnftitutions of Odin, the firft great leeder of the Afiatic Goths or Getae into Europe, He mentions the coun- cil of twelv, edabiifhed by Odin, and thinks it probable theze twelv men were at firft both judges and jurors ; that iz, they were a court of arbitrators or referees, az we fhould now flyle them, empowered to decide all caufes according to equitable principles and the cir- cumftances of e.ich cafe ; and their determinations af- terwards grew into precedent for their fucceflbrs. In procefs of time and multiplicity of buflnefs, the matter of fa6l continued to be tried by twelv men of the na- borhood ; but the adjudgement of punilhment and the fentence waz committed to one or two perfons of lerning or knowlege in the ancient cuftoms, records and traditions. Thus, he obferves, in the Saxon reigns, caufes were adjudged by the aldermen and bifli- op of the feveral (hires, with the afliftance of twelv men of the fame county, who are faid to hav been judges or affiftants. He allows, the terms jury and verdi£l were introduced by the Normans 5 but aflerts very juftly that trials by twelv men, with that circum- ftance of their unanimous agreement, were ufed not only among the Saxons and Normans, but are known to hav been az ancient in Sweden, az any records or traditions in the kingdom ; and the practice remained in fome provinces of that country, til the late revolu- tion. POSTSCRIPT. ON further examination of this fubjefl, I am led to fahjoin the following remarks, which are fupported by the indiiputable authority of Glanville and Braifon. 1 hav before fuggefted that the Saxons, prior to the coAqueft, conduced moft of their important affairs in the dounty or fherifFs court, where all the free tenants wer^ 300 ORIGIN of DOMESDAY, l^c, were bound to attend. Theze free tenants confifted of the lefier barons, the knights and fokemen, or foccage tenants who had freehold eftates. Theze freeholders, >vere, by the nature of their ertates, the pares curth ; they were the proper and ioXt judges of all caufes triable at the county court, which included almoft: all civil ac- tions, and they wore denominated in Saxon, lahmen^ lawmen. The county court, thus compofed of all the freeholders in the (hire, waz a tribunal of great confe- qucnce, and inferior only to the witena-gemote, or na- tional ailembly. The Latin rlters called theze free- men par^i curi'is :nv\6. fcSlatoreSjpeers of court zndfuitors. Curtis iz a Saxon word latinized,* Wke warrantizo mur- ^/?'//;;2, and hundreds of other law terms .; and there iz little dout xhzx pares iz a word of fimilar origin. But what places the point I would eftabliih, beyond controverfy, iz, the pares curtis were in fafl of different ranks. The knights or lefler barons, az well az the common foccage tenants, were included in the term pares curtis ; for they were bound to do fuit and fervice in the court of the lord paramount. Another fa£l iz of equal weight in the argument : Theze /)tf?v5, in the county court, tried all real actions between the nobility. In the caufc of Odo, BiHiop of Bayeux, and archbilliop Lanfranc, in the reign of William the conqueror, the king dircifted totum Comitatum conftdere. Many fimilar inftances might be cited, were it neceflary. Theze noblemen were tried by the pares curtis^ the peers of the county court ; but who ever faid they were tried by their equals ? The Norman princes attempted to difcountenance theze (hire motes of the Saxons, and fubftitute the trial of fails by twelv juratores^ men fworn to fpeek the truth. In the reign of Henry II, the trial by jurors had become common, if not general. Qiieftions of Jei/in were tried by twelv cogiimon freeholders j but quertioris of right were tried by twelv knights ; the fheriff fummoning four knights who defied the tivelv. I would « * Curtis i court and ihc Spanifh Cortez are all the fame word. mth it t x\i ARKS. 3ot I would here remark that the principal original rec- kon for fuitimoning freeholders of the v'lc'rdag}^ waz tiiat of their fuppofed perfoaal knowlege of the facl in difpute. The y'wrijr^ were properly the w'/V«£//(?j. Thi$ iz evident from circumftances and from the pofitiv teftimony of the eriy law-riters. The firft mention of a proper jury, in any public aift, iz in the conftitutions of Clarendon, 1164, where the (heriff iz dire£led, quod facial jurare duodechn legates homines de vic'ineto^ Jeu de v'llla^ quod inde veritatemfecundum confcientiam fuam man^ ifejiabunt. It iz faid in old writers that the jury jnujl /peek the truthy if they know it. If the twelv men lirffc Aimmoned knew the truth, they were compelled to de- clare it, under the penalty of perjury. If fome knew the fa6ls and others did nor, the latter were difmifled and others lummoned, till twelv were found who knew the fadls, ether by what they had (ttn and heerd them- felves, or from fuch teftimony of their fathers and oth- ers, az gained full credit. Without attending to juries in this light, the laws refpeiling them appeer beyond meafure abfurd and ty- rannical. Their btmgfivorn to fpeek the truth^ would be abfurd on any other ground j for had they judged of fads on te/iimony^ they would hav been fworn to de- clare their opinion^ and not the truth. Their verdi£l^ vere didium, derives its name and propriety from the fame circumftance ; and the prefent practice of fwearing them to " a tru verdi<5l giv," when they judge of facls only by the perhaps contradi>5tory teftimony of fcvcral witneftes, iz, ftridly fpeeking, abfurd. The keeping juries, without meet, drink or fire, can be accounted for only on the fame idea ; it waz a meth- od to compel an agreement among men, who were ac- quainted with fa£is, fome of whom might at times be obftinate, and not willing to difclofe them. But how ridiculous would it be to punifti men for not agreeing in opinion, about what others teftified ! All this iz ftill more evident from the manner in which many queftions refpe£ling real eftates were af- certained and determined. It waz cuftomary for the jurors. 3bi ORIdIN of DOAlESDAY, is\. jurors, after they were chofen, to go upon the land td find the tru ftate of the facSt in queltion, and then de- liver their verdift. Hence the propriety of the expref- fion in clolUng iiTues j and this he prays may be enquired of by the country. I would obferve further, that th e reezon, why appeels from the yerdicl of a jury were not allowed, iz fimply vthis, that the jurors were fuppofed to hav decided j-item their own knowlege. It waz certainly a wife pro- vifion that the folemn declaration of men under oath, living in the naborhood, and eye or eer witnefles of the recent tranfacVions between the parties, Ihould not be overthrown by other teilimony ; for all other evidence muft hav neceflarily been of an inferior nature. But the reezon haz ceefed, and there iz now nothing more facred in the verdi6t of a jury, given on the teftimony of others, than there iz in the opinions of arbitrators, referees or auditors under oaih. The laws refpeding juries are all founded on the idea that the men were acquainted with 'the fa6ls in difpute. Their verdid: waz formerly a declaration of fa£is \ it iz now a mere matter of opinion. In iliort, the original defign of the inditution iz totally" changed, and moftly fuperfeded. Since juries rely on teftimony, they need not be coUedt- ed from the vicinage ; it iz even fafer to hav men who are Grangers to both plaintiff and defendant.. Jurors cannot be punifhed for perjury., for how can a man/)^/'- J«r^ himfelf in giving hiz opinion? They cannot be flarved to deth, nor carted about town for difagree- ment ; for how iz it polliblc for twelv men always to think alike., when they hav to form their opinions on cialhing telVi monies ? In (liort, juries do not now anfwef one of the purpofcs for which tiiey were at tirft inftitut- cd ; and however necclTary they may be deemed to the prefervation of civil liberty, it appeers to me they are, in a great meafure, ufelefs. I cannot leev this fubjedl without remarking the influ- ence of habit, in maintaining/i? ////;, when the fubfance no longer exifts. This iz neerly the cafe with the whole inflitution of juries j but particularly in the manner fVith REMARKS. 303 manner of adminifterjng the oath to them. The prac- tice of fwearing the foreman and the other jurors fep- arately, ftill exifts in fome of theze ftales, ahno the ree- zon no longer remains. It originated in the maimer of delivering the verdi6l, which waz, for every juror feparately to anfwer the interrogatories of the judge. While this pradice remained, it waz very proper that eech juror ftiould take a feparate oath ; altho this for- mahty izdifpenfed with, in adminiftering the oath to witneffes, in modern courts; the words, *'■ you and eech of you fwear," being fubftituted for a feparate ad- miniflration of the oath. No. C 304- ] ■■ ■ - ■■ -'' ■ ■ ■-* ^ No. XXIV. r- ;■■'■• ■ ■ ■■ ■ '■".a HARTFORD, SEPTEMBER, 1789. The INJUSTICE, ABSURDITY, and BAD POLICY of LAWS agamjl USURY. USURY, in the primitiv fenfeof the word, figni- •fies any compenfation given fot the ufe of money ; bui in modern legal acceptation, it iz the taking an ex- otbitant fum for the ufe of money j or a fum beyond what iz permitted by law. The municipal laws of different ftates and kingdoms hav fixed different rates of intereft ; fo that what iz ufury in one country or ftate, iz legal intereft in another. The propriety of fiich laws iz here called in queflion. I. It iz prefumed that fuch laws are unjujl. Money iz a fpecies of commercial property, in which a man haz az complete ownerOiip, az in any other chattel in- tereft. He haz therefore the fame natural right to ex- ercife every afl of ov/nerftiip upon money, az upon any other perfonal eftate ; and it iz contended, he ought tok hav the fame civil and political right. He ought to hav the fame right to trade with money az with goods ; to fell, to loan and exchange it to any advantage what- ever, provided there iz no fraud in the hufmefs, and the minds of the parties meet in the contrails. The legiHature haz no right to interfere with private con- trails, and fay that a man (hall make no more than i certain profit per cent on the fale of hiz goods, or limit the rent of hiz houfe to the annual fum of forty pounds. This pofition iz admitted for felf evident, az it refpefls every thing but money ; and it mufl: extend to money alio, unlefs it can be proved that the privi- lege of ufmg money in trade or otherwife without re- ftraint, and making what profit a man iz able by fait* contrail, with gold and filver, az well az with houfes and lands, will produce fome great public inconveni- ence. the INJUSTICE, &:. 305 erice, which will warrant the ftate in laying the ufe of fuch gold and filver under certain reftriftions.* The only reezon commonly given for limiting the intereft of money by law, iz, that monied men will oth- erwife take advantage of the diftreiTes of the poor and needy, to extort from them exorbitant intereft. Ad- mit the proportion in its utmoft latitude, and it furn- ifhes no argument in favor of the reftraint, hecaufe the rejlraint iz no remedy for the evil. On the other hand^ it generally increafes the evil ; for when the law forbids a man to take more than fix per cent, for the ufe of hiz money, it, at the fame time, leevs him the right qf withholding hiz money from hiz diftreffed nabor, and s6lually lays before him the ftrongeil motivs for with- holding it. The lav*' tuches the pride of a man, by reftraining what he deems an unalienable right, and this conlideration, added to a certainty of employing hiz money to greater advantage, impels the man to turn a deef eer to hiz nabors calamities, when he would be otherwife difpofed to afford relief. The law there- fore, fo far from furnifhing a remedy, actually doubles the evil. , To proov this afTertlon more cleerly, let me call the attention of my reeders to fa6ls within their knowlege. Every man knows that there are perfons in every flate, who, thro imprudence, idlenefs or misfortune, become • involved, and unable to pay their dets when du. Theze perfons feldom make provifion for difcharging . their dets, till they are prefTed by their creditors. When they are urged by jufl demands or legal procefs, they * In a converfation T had at Dr. Franklin's on this fubject^ the doctor admitted the principle, and remarked, that a maq who haz loooi. in cafli, can loan it for fix per cent, profit only '; but he may bild a houfe with it, and if the demand for houl'es iz fiifficient, he may rent hiz houfe for fifteen per cent, on the value. Thla iz a iair ftate of the argument, and I challenge my antagonifts to giv agood reezon for the diftinftion ^vhich the laws make in the two cafes ; or why a man iliould hav a.a imreftrained right to take any fum he can get for the ufe of hiz houfc, and yet liiz right to make profit by the loan of monev, be abridi^ed by law. \v 3o6 7he I N J U S T I C E, y^ they are under a neceflaty of ralfing money iinmedlatc-i iy : But money iz fcarce ; it iz in a few men's liandsj who will not pay the full valu of lands or perfonal ef- tate. The . poor detor iz then obliged to fell hiz farm or hiz cattle, or both, at private fale or at auftion, for any price they will fetch, which iz commonly but a fmali part of the valu. Now, if the detor could hav borrowed a fum of money, at ten, fifteen, or even twen- ty per cent, he might hav been a gainer by the loan ; for by being prohibited by law from borrowing money, at a high intereft, he haz been obliged to facrifice twen- ty, perhaps fifty or a hundred per cent. Laws againft ufury do not help fuch men j on the contrary they op- prefs them. Could fuch men get money even at twenty per cent, they would often be benefited by the loan ; they might fave their eftates and avoid mifery and ruin. . A prohibition of high intereft only compels the diftrefTed to feek releef by facrificing property in a way not guarded againd: by law. Nay, I beg leev to aflert that fuch laws are the very meens of producing, fupporting and enriching a hoft of oppreflbrs in every ftate in America. There are a fev/ men, in every ftate, who are what iz called beforehand; theze men will not loan money at legal interefl, for this very good ree- zon, they can do better with it, az they fay j and no man can blame another for making the molt profitable ufe of hiz money. Theze men therefore keep their money, till their diftrefled nabor iz forced by det to fell hiz farm ; then iz the time to lay out their money ; they get the farm at their own price, which iz generally lefs than half its valu. In inoft ftates, lands are fold at auiftion, where they are facrificcd ; and the poor owner haz all the charges of a legal fuit to pay, az wel az the det ; and the land fold for a fmall part of its valu. This iz the common pra6tice, authorized by law ; fo that laws againft ufury only create an evil in one way, by endevoring to prevent it in another. The evil and hardfhips of this law, of felling real eftareon execution, hav been fo great, az to giv rife to a different mode of fatisfying executions in Conne(fli- cut. Of LAWS agalnjl USURY. 30? c\it. In fhis ftate, a man's perfon and eftate are both liable for :cept the univerfal principles of right and rong. Should it be faid, that a man may bind himfelf by cath to perform the pofitiv or political duties required by a ftate, altho he may remoov and become a citizen of another ftate ; I anlwer, this wil involv him in the Jirahs and difficulties mentioned by Blackftone ; for the political duties of the two ftates may interfere with eech other. The truth iz, a man haz no right to take fuch an oath, nor haz a ftate any right to require it. He 320 Oi; A L L E G I A N C E. He may fwear, when he enters into any kingdom or ilate, that he wil be a good citizen, and fubmit to all the laws of the ftate, ivhi/e he iz a 7ne?nher of it ; and further, that he wil obferve the moral law in hiz con - dudt towards that fociety, alter he haz ccejedtb be a ineni' Icr of it. Further than this, he haz no right to fwear. Az to every duty, not required by the laws of fociety in general, but only by the municipal laws of a ftate, a man's allegiance commences when he enters that ftate ; and ceefes the moment he leevcs it.* The dodrin of a perpetual allegiance iz wholly a feudal idea ; inculcat- ed, when every lord waz at war with hiz nabor ; and "waz compelled by felf prefervation to attach hiz valTais to himfelf by oaths, the penalties of perjury and the forfeitures of treezon. Blackftone fays, in the paiTage already quoted, " that natural allegiance iz a det of gratitude," becaufe the fubjedt iz under the kings protection while an infant. He might juft az wel fay, proteiiion iz a det of gratitude du from the prince, becaufe the fubjeil iz born in hiz dominions. On this principle of gratitude, a child iz obliged to obey and ferve hiz parent, after he haz left hiz family, and while he livs. This det, according to the fame author, cannot be cancelled, but by " concur^ rence of the le^iJJatiire." How in the name of reezon, can an act of the lc(!;iilature diflblv a natural tie ? How can it cancel a det of gratitude F Common fenfe looks with difdain on fuch week and futile reezoning. But if there iz fuch a thing az natural and perpetual allegi- ance, an Englilhman, who remoovs to France, cannot take arms to defend France againft an invafion from England. Is this agreeable to the laws Oi"'" nature and fociety, that a man ftiould not proteifl himfelf and hiz property ? It wil be faid that the man iz within the Englifli king's liegeance, and entitled tohiz proteiilion. But the king cannot prote61: him ; it iz beyond hiz power, and the Englidimaa iz not obliged to leev France and fcek protcciion in England. Hiz eftate and hiz family may be in France, and if he choofes to re- fjile there, it iz hiz unalienable right and duty to de- fend •■ Except f!ie cafi" of AmbafTadors or other agent?. CJ« A L L E G I A N C E. 321 fbnd both againft any invafion whatever. Every wafj except a defenfiv one, iz a breech of the moral law ; but when a natural born fubje6l of England, haz be- come a citizen of France, he iz fubje6l to the laws of France, and bound to alTift, if required, in defending the kingdom againfl: hiz natural prince. No. z [ 3^2 j No. XXVL Hartford, july, 17S9. EXPLANATION o/M^ REEZONS, why MARRIAGE /z PROHIBITED hctioun NATURAL RELATIONS. MLJCPl haz been faid and written to afcertaln be- tween what relations marriage ought to be per- mitted. The civil, the canon, and the EngHfh laws, differ az to the degrees of confanguinity necedary to render this coanc'^ion improper. A detail of the ar- guments on this fubjefl, and even a recapitulation of tlie decrees of ecelefiallical councils, in the eriy ages of t!»e church, would be tedious and unintcrefting. I fliali only offer a few thoughts of my own on the queft- lon, with a view to illufiratc a'fingle point, which haz been agitated in modern times, and on which the dif- ferent American Hates hav palfed different decifions. The point iz, whether a man ihould be permitted to marry hiz former wife's fifcer. In ibme dates this iz permitti^d ; in oth::rs, prohibited. Thozc who favor the prohibition, ground their rec- kon on the Lcvitical law, which fays a man Ihall not marry Iiiz wife's (iiler, during the life of hiz wife, to vex her. This prohibition, while it retrains a man from having two fiflers for wives at the fame time, among a peeple where poligamy waz permitted, iz a negativ pregnant, and a ftrong argument that a man waz allowed, after the deth of a wife, to marry her fifter. The Jewifli law, however divine, wax defigned for a particular nation, and iz no farther binding upon other nations, than it refpcih the natural and focial duties. In no one particular, hav men been more miflaken, than in explaining divine commands. It haz been fufficicnt for them to rcfolv a law into the wil of God, without bn ilARRYING COUSInI 36I Without exarrilninlng into the reezorls for which th^ law wzz revealed. They feem to "hav inverted thfe foundation of moral obligation, in fuppofing the moral Jaw to derive its propriety and iitnefs originally from thd wil of Deity, rather than from the nature of things. They talk about the fitneis and unfitnefs of things, in* dependent, not only of fociety, bur o( God himfelf. Such wild notions, I prefume, are not common. There tould be rtp fitnefs nor unfitnefs of things, before things were made ; iior could right and rong exift without focial beings. The moral duties therefore are not right, merely becaufe they are commanded by God ; but they are commanded by hirh, becaufe they are right. The propriety or fitnefs of them depends orl the very nature of fociety ; and this fitnefs, which waz coeval with crealiort, waz the ground of the divine command.* The law of Mofes, regulating marriages, waz found- ed on this propriety or fitnefs of things. A diviae command givs a farittion to the law ; but the propriety of it exited prior to the command. The reezons foi^ prohibiting marriage between certain relations are im- portant; yet they feern not to be underrtood. It has been fufiicient, in difcufling this point, to hy^ fucb i% the lazv of God \ and few attempts hav been made to find the reezons of it, by which alone its extent and authority can be afcertainfed. There are two rules, furnifhed by the laws of nature, for regulating mattimonial connections. The firft iz, that marriage, which iz a focial and civil conneflion, fhould not interfere with a natural relation, fo az to defect or deftroy its duties and rights. Thus it iss highly improper that an aunt (hould marry her nephew, or a godfather hiz grand daughter ; becaufe the duties and * It may be faid, that ?wra/ right and rcng mull uitlmafely be refolved into the wil of Deity, becaufe fociety itfelf depend-? bn hiz wil. This iz conceded ; I only contend that moral fit- nefs and unfitnefs refult immediately from the (tate of created heingSjwith relation toeech other, and not from any arbitrary rules- impo fed bv Deity, fubfeqiicnt tocieation, X 7, 324 On MARRYING COUSINS. and rights of the natural relation, would be fuperfedccJ by the poiitiv duties and rights of the civil connection. The other rule iz much more important. It iz a law of nature that vegetables fhould degenerate, if planted continually on the fame foil. Hence the change of feeds among farmers. Animals degenerate on the fame principle. The phyfieal caufes of this law of nature, are perhaps among the arcana of creation ; but the effects arc obvious ; and it iz furprlzing that modern writers on law and ethics fhould pafs over al- moft the only reezons of prohibiting marriage between blood relations. Confanguinity, and riot affinity, iz the ground of the prohibition.* It iz no crime for brothers and fiflers to intermarry, except the fatal confequences to fociety ; for were it generally prailifed, men would foon become a race of pigmies. It iz no crime for brothers and fillers child* ren to intermarry, and this iz often practifed ; but fuch ngar blood conncvilions often produce imperfect children* The common peeple hav hence drawn an argument to proov fuch connections criminal j confidering weak- nefs^ ficknefs and deformity in the offspring az judge- ments upon the parents. Superflition iz often awake, when reezon iz aileep. It iz juft az criminal for a man to Tnarry hiz coufin, az it iz to fow flax every year on the fame ground ; but when he does this, he muft not complain, if he haz an indifferent crop. Here then the queftion occurs, iz it proper for a man to marry hiz wife's fifter ? The anfwer iz plain. The praitice does not interfere with any law of nature or fociety ; and there iz not the fmalleft impropriety in a man's marrying ten filers of hiz wife in luccelTion. iliere iz no natural relation deflroyed ; there iz no re- lation by blood ; and ccjj'ante railone^ ceffat ct ipja Lex ; the law ceefcs when the reezon of it ceefcs. * By the .indent laws of England, relations in the fame de- gree, whether by conlangiiinity or affinity, were placed exact- ly on a footing. See the futtle rcezoning by which the pro- hibitions were fuppyrteJ, in Reeve's Hiftory of the iingliflj Laws, Vel. IV. No. [ 325 ] No. XXVII. HARTFORD, FEBRUARY, 1790. MISCELLANEOUS REMARKS oti DI^ VIZIONS of PROPERTY, GUVERN- MENT, EDUCATION, RELIGION, AGRICULTURE, SLAVERY, COM- MERCE, CLIMATE a«ti DlSEEZESm the UNITED STATES, THE laws which refpe£l property, hav, in all civ- ilized communities, formed the mort important branch of municipal regulations. Of theze, the laws which diredtthe divifion and defent of lands, conftitute the firft clafs ; for on theze, in a great mezui e, depend the genius of guvernment and the compledion of man- ners. Savages hav very few regulations refpe^ling proper- ty ; for theie are but few things to which their delires or necefTities prompt them to lay claim. Some very rude nations feem to hav no ideas of property, efpecial- ly in lands ; but the American tribes, even when tirft difcuvered, claimed the lands on which they lived, and the hunting grounds of eech tribe were marked from thoze of its nabors, by rivers or other natural bounda- ries. The Mexican and Peruvian Indians had indeed advanced very far towards a ftate of civilization ; and land with them had acquired almofl: an European valu ; but the northern tribes, yet in the hunter ftate, would often barter millions of akers for a handftjl of trinkets and a few firings of wampum. In the progrefs of nations, land acquires a valu, pro- portioned to the degree of populoufnefs ; and other obr jeds grow into eftimation, by their utility, convenience, pf fpnie plezuie tliey afiord to the imagination. 326 MISCELLANEOUS REMARKS. In attending to the principles of guvernment, the leading idea that ftrikes the mind, iz, that political power depends moftly on property ; confequently guv- ernment will take its completion from the divifions of property in the ftate. In defpotic Ihtes, the fubjefts muft not poflefs prop- erty in fee j for an excjuiiv pofTeffion of lands infpires ideas of independence, fatal to dcfpotifm. To fupport iuch guvernments, it iz neceflary that the laws Ihould giv the prince a fovereign control over the property az wel az the lives of hiz fubjedts. There are however very few countries, where the guvernment iz fo purely arbitrary, that the peeple can be deprived of life and ertate, without fome legal formalities. Even when the firft poflefiion waz the voluntary gift of the prince, grants or conceflions, fantfiioned by prefcriptiun, hav often eftablilhed rights in the fubje^t, of which he can- not be deprived \vithout a judicial procefs. In Europe the feudal fyftem of tenures haz giver^ rife to a fingular fpecies of guvernment. Moft of the countries are faid to be guverned by monarkics ; but many of the guvernments might, with propriety, be called arijlocratic republics. The barons, who pofief^ the landj, hav mofl of the power in their own hands. Formerly the kings were but lords of a fuperior rank, pr'iml inter fares ; and they were originally elediv. This iz ftil the cafe in Poland, which continues to be what other ftates in Europe were, an arijlocratic repub- lic. But from the twelfth to the lixteenth century, the princes, in many countries, were ftruggling to circum- fcribe the power of the barons, and their attempts, which often dcfolated their dominions, were attended with various fuccefs« What they could not accom- piilh by force, they fometimes obtained by ftratagem. In fome countries the commons were called in to fup- port the voyal prerogativs, and thus obtained a ftiare in legi/lation, which haz fmce been augmented by vad acceifions of power and influence, from a diftribution and encreefe of welth. This haz; been the cafe in i^ngland. In other countries, the prince haz combin- ed MISCELLANEOUS REMARKS. 327 cd with the barons to deprefs the peeple. Where the prince holds the privilege of difpoiing of civil, njilitary and ecciefiaftical offices, it haz been eezy to attach the nobility to hiz interefl:, and by this coalition, peece haz often been fecured in a kingdom j but the peeple hav been kept in vafTalage. Thus by the laws of the feu- dal fyftcni, moft of the commons in Europe are kept in a ftate of dependence on the great landholders. But commerce haz been favorable to mankind, Az the rules of fucceflion to eftates, every where eftablifhed in Europe, are calculated to aggrandize the froj at the cxpenfeof the t/iany, commerce, by creating and accu- mulating perfonal eftate, haz introduced a new fpecies of power to ballance the influence of the landed prop- erty. Commerce found its way from Italy and the eelt, to Germany and England, diffufing in its progrefs freedom, knowlege and independence. Commerce iz favorable to freedom; it flunflies moil: in republics; indeed a free intercourfe by trade iz almoft fatal to def- potifm ; for which reezon, fome princes Jay it under fevere jeflrictions : In other countries it iz difcuragcd by public opinion, which renders trade difrepuiable. This iz more fatal to it, than the edicts of tyrants. The bafis of a democratic and a republican form of government, iz, a fundamental law, favoring an equal or rather a general diftribution of property. It iz not neceflary nor poflible that every citizen Ihould hav ex- actly an equal portion of land and goods, but the laws of iuch a ftate fliould require an equal diftribution of intertate eftates, and bar all perpetuities. Such lav.s occafion conftant revolutions of property, and thus hold out to all men equal motivs to vigilance and indufiry. Tliey excite emulation, by giving every citizen an equal change of being rich and rcfpeflable. in no one particular do the American dates differ from European nations niore widely, than in the rules which regulate the tenure and diilribution of lands. This circumftance alone wil, for ages at leed, nrezerve a government in the united flates, very different Ircni any which now exifts or can arjze in Europe. In 3?8 MISCELLANEOUS REMARKS. In New England, inteftate eftates defend to all the children or other heirs in equal portions, except to the oldeft fon, who haz two (hares. This exception in fa- vor of the oidefl: fon, waz copied from the levitical code, which waz made the bafis of the firft New Eng- land inftitutions. The legiflature of Maflachufetts, at their May felfion, i/b'o, abolifhed that abfurd excep- tion ; and nothing but inveterate habit keeps it alive in ihe other ftates.* In confequence of theze laws, the peeple of Ne\y England enjoy ah equality of condition, unknown in any other part of the world. 'I'o the fame caufe may be afcribed the rapid population of theze flates ; for ef- tates by divifion are kept fmall, by which meens every man iz obliged to labor, and labor iz the direiSb caufe of population. For the fame reezon, the peeple of theze iiates, feel and exert the pride of independence. Their equality makes them mild and condefending, ca- pable of being convinced and guverned by perfuafion ; ijut their independence renders them irritable and ob- f^inate in refifting force and oppreffion. A man by af- fociating familiarly v.ith them, may eezily coax them into hiz views, but if he aiTumes any airs of fuperiori^ ty, he iz trceted with az little refped az a fervant. *I'he principal inconvenience arizing from theze dif- pofitions iz, that a man who happens to be a little dif- tinguirtied for hiz property or fuperior education iz ev- er expofed to their envy, and the tung of llunder iz bizzy in backbiting him. In this manner, they op- poze diftin£tions of rank, with great fuccefs. This however iz a private inconvenience ; but there iz an evil, arifing from this jealoufy, which deeply affeiis their guvernment. Averfe to diftinflions, and reddy to humble fuperiority, they become the dupes of a fut in the reign of queen Ann, the guvernment waz rezigned to the crown, and for a KUTiber of yeers, the guvernor of New York waz alfo guvernor of the Jerfies, altho eech province had a dif- tria MISCELLANEOUS REMARKS. 34^ trii^ affembly. The heirs of the original proprietors, or their purchafers, ftil hold the foil. There are in this llate many large eftatcs, but an entailment iz good on- ly to the firft donee in tail ; the eftate, on hiz deth in- teftate, being divided equally among hiz heirs. la general the laws of New Jerfey are highly republican ; but they make no provifion for a general ditTufion of kncwlege. Many of the yemanry are extremely ig- norant. The college at Princeton iz a very valuable inftitution ; but fo little concern haz the legiflature for the intereft of lerning, that the funds of that college are taxed by law. The prefent conftitution of New Jerfey iz liable to few exceptions; but the llate iz divided into two par- ties which often agitate the guvernment. Az the caufe and effeils of the controverfy which began and il'il continues theze parties, are little known to their nabors, I beg leev here to offer a concife ftate of the facts from iinqueftionable authority. James, duke of York, in June 1664, conveyed New Jerfey to John, lord Berkeley, and Sir George Carteret, in fee. The bounds of the territory granted \yere, the main fee and Hudfon's river on the eeft, Delaware bay or river on the weft, Cape May on the fouth, and on the north the northcrnmcjl branch of Delaiuare bay^ or river ^ which iz forty one degrees and forty rninutcs of lat- itude^ crojfing over ther.ce in a jlrait line to HudJ^n's river ^ in forty one degrees of latitude. Some intermediate conveyances of lord Berkeley's tindividetl half part were made, but need not be here recited. On the firft of July, 1676, waz executed a quintipartitc deed, between Sir George Carteret, and the grantees of lord Berkely, by which the territory waz di- vided ; Sir George Carteret releefing all the weilern^ part to the grantees of Berkeley, and the latter releefing the eeftern part to Sir George. Tlie line of partition, which originated all the fubfequent difputes, iz thus defcribed in the deed : " Extending ecftward and northward along the fee coaft and the faid river, called Hudfon's river, from, the ecfl Sde of a certain place or ' hdrbor.. iso MISCELLANEOUS REMARKS. harbor, lying on the futhern part of the fame trai£l of land, and commonly called and known in a mafsof ti«e fame, by the name oi Little E^g Harbor^ to that part of the faid Hudfon's river, which iz in forty one de- grees of latiLiide, being the furthermoft part of faid traft of land and premifes, which iz bounded by the faid river, and croflingover from thence in a ftrait line, extending from that part of Hudfon's river aforefaid, to the northernmoft part or branch of the before men- tioned river, called Delaware river, and to the moH: northerly point or boundary of the faid tract of land and premifes, granted by hiz royal highnefs, James, duke of York, to lord Berkeley and Sir George Car- teret." A difficulty aroze about the northern pioint of par- tition ; the duke of York's grant making the northern- moft branch of Delaware bay or river to be in forty one degrees and forty minutes of latitude ; and declaring a line from this point to t!ie latitude oi forty one on Hud- fon's river, to be the northern boundary of New Jerfey. Difputes aroze, and the legillature of New Jerfey, iti 17 1 g, pafled an a£l, declaring that a partition line be- tween Eeft and Weft Jerfey, fliall be run from the mojl northerly point or boundary of the province, on the northern^ jnojl branch of Dclaiuare river^ to the moft futherly point of Little Egg Harbor. Commifiioners were ap- pointed for this purpofe, and alfo for running the line bctv;cen Kew York and New Jerfey. They met with commifiioners from New York, but could not agree, and left the bufinefs unfinilhed. In 1741, another at- tempt waz made by Mr. Alexander, furveyor general of both divifions, but obnoxious to the Weft Jerfey proprietors. He began to run tlie line, but fome er- rors he committed, or bad inftruments, prevented the completion of the bufinefs ; he flopped half way. Dif- putes ran high, and were attended with riots, till the yecrs 1762 and 1764, when by a law of New York and another of New Jerfey, it waz agreed the line between the provinces ftioukl be run by commiftioncrs to be ap- pointed by the crown. To this agreement the pro- prietors MISCELLANEOUS REMARKS. 351 prietors of Weft Jerfey az well az Eeft, were parties. The commiflloners met, fixed the two ftation points between New York and New Jerfey, one at a rock on Hudfon's river, in forty one degrees of latitude, the other at the forks of the Delaware, at the mouth of the river Makhakamak, in latitude 41°. 21'. 37". This point on Delaware iz eighteen minutes twenty three fec- cnds^ to the futhward of the northern boundary of New Jerfey, az defcribed in the duke of York's grant to the iirft proprietors ; which waz, on the northernmoj} branch vf Delaivare river ^ which izfarty one degrees forty minutes of latitude. Both parties appeeled to the crown, but without fuc- cefs. A'fls were afterwards pafled, both by New York and New Jerfey, confirming the line between the prov- inces, and theze aiis receeved the approbation of the king in council. This waz an amicable fettlement be- tween the two provinces ; and it waz expelled that the northern limits of Neiu "Jerfey and the fiati on points on both riversj being fixed by law, nothing waz neceffary to quiet all parties, but to run the line from the north ftation point on Delaware to Little Egg Harbor. A correfpoadence for this purpofe took place between the proprietors of Eeft and Weft Jerfey ; but before the matter waz completed the war commenced. Since the war, the controverfies hav been revived, and divid- ed the ftate into violent parties. It feems the proprie- tors of Eeft Jerfey expected the north Jiation pint on Delaiuare would hav been fixed az high az forty one de- grees forty minutes^ the point defcribed by the original grant from the duke of York. This would hav "car- ried the limit of the ftate about eighteen miles further north on the Delaware fide. Now there iz a bend in the Delaware, at the forks, fo that the ftation point az now fixed, iz carried further eeft than it would be, had it been fixed \n forty one degrees forty minutes ; fo the decifion of the commiflloners waz in favor of the Weft Jerfey proprietors. From the forks, the river bends its courfe wefterly of north, and from a point eighteen niiles north, a line to Little Egg Harbor, would leev an aiisle 352 MISCELLANEOUS REMARKS; angle confaining feveral thoufand akers of land, in Ee(l- Jcrfey. This iz a fhort llate of the origin and progrefi of a controveily, which ltd agitates the (late and dif- turbs the peece of their guvernment ; the jealoufies be- tween Ecli and Well: Jerfey being almoft az great az between the northern and futhern ftates, upon a queft- jon refpeifling the feet of guvernment, or any other matter of Httle confequence to the union. The con- tell however i/, of magnitude to both parties in New Jerfey, az the lands in difpute hav been fettled upon doutfu! titles ; and altho an act of the legiflature may eflablifh theze, yet the loozing party wil expect a com- penfation.* The commerce of New Jerfey Iz almoft wholly car- ried on thro New York and Philadelphia. Its fitua- tion, between two large commercial towns, refemblcs that of Connecticut ; but in one refpefl, the latter haz the advantage, viz. that of a butiful navigable river, penetrating the flate and affording the beft convenien- cies for a trade to the Weft Indies. The legillature of New Jerfey hav attempted to call home the trade of the llate, by holding out liberal encouragement for direft importations from abroad, and making free ports. Perth Amboy affords a fine harbor, but it iz difficult, perhaps impollible, to raize a rival in the naborhood of New York- New Jerfey and Connecticut wil find their intereft in encuraging manufacftures. Penfylvania waz fettled by a religious fe6t, remarka- ble for their fobriety, induftry and pacific difpofition. Mr. Penn, the firft proprietor of the province, waz a man of fuperior talents. The free indulgence given to all religious denominations, invited fettlcrs from Eng- land, Germany and Ireland, and the population of the province, with the confcquential increefe of the valu of lands, waz rapid beyond any thing known in the other colonies. I'lie province however waz harraffed with difputes between the adting guvernors and the com- mons. \ * Tlie foref;piiig fai?l9 ai"e taken from Learning and Spicer's Collection; a concife view of the contiovcrfy, &c. puljliflied in J 785 J and from the afls of the legillature of New Jerfey. MISCELLANEOUS REMARKS. ssi nons. The proprietary, who waz the guvernor, ufu- ally rczided in England j appointing a deputy with a council, to act for him in the province. The proprie- taries were often feltirti, and made demands upon the peeple, which their fenfc of liberty and right would not permit them to grant. The quit-rents, paper curren- cy, and fome other matters, were conftant fubjeils of altercation, whenever the affembly convened.* The long and violent oppohtion to the influence of their proprietaries, who were abroad, and often confid- ered az hoftile to popular privileges, together with the beneficial efFe(5ls ot a paper currency, during the infant ftate of the province, may be the re»zons why the con- ftitution of Penfylvania, formed at the revolution, verg- ed too much towards an extreme of democracy ;f and why the legiflature of that ftate waz the firfl: ro iflue a- paper currency, after the war. The old republicaa patriots, who had refifted, with fuccefs, the encroach- ments of arbitrary guvernors and kings, determined to frame a conflitution, which fhould prevent the inter- ference of a guvernor and council in acts of legiilation ; and men who had feen the good effects of paper curren- cy, without its evi/s, would be thefirft to recommend it. It iz natural ; men are guverned by habit. At the revolution in 1776, the reprefentativs of the province, aiSting on the principle that public good tranfcends all confiderations of individual right, alTum- ed the reigns of government, formed a conftitution for the purpofe, and diverted the proprietaries of both, territory and jurifdiiffion. They gave them however, 130,0001. fterling in lieu of all quit- rents, and rezerved to them confiderable tradts of land. The firft confli- tution, like that of the Netherlands, waz framed upon the * See Dr. Franklins Review of the guvernment of Pen- fylvania. t The powers of legiflatfon by the late conftitution, were defigned to be verted in the peeple ; but in fact were vefted no wliere. The pretended legiflature confided of but one houfe; and no bill, except on prefling occafions, could be paiTed into a hn, until it had been publiftied for the alfent of the peeple* ;354 MISCELLANEOUS REMARKS, the ruins of opprefiion, and with a too jealous atterr- tion to popular rights. It waz dcfeiftiv in the moft material articles, and a few yeers experience induced the peeple to adopt another form, more analagous to thoze by which her fifter ftates are guverned. The laws of Penfylvania, refpeding inheritances^ hav not barred entails ; but az entails may be docked by the Englifli tinerfe of common recoveries ; az the divifions of lands favor equality, az wel az the genius of the peeple, there can be no apprehenfions of an arif- tocratical influence from large poflcifions of real eftate. A fingle man may hold real or perfonal eftate to fuch an amount, az to hav an undu influence in politics and commerce. When a man haz become fo powerful that hiz nabors are afraid to demand their rights of liim in a legal way ; or when a town or city iz fo far under hiz control, that the citizens are generally afraid ot offending him, he iz or may be a dangerous man in a free fl:ate, and a bad man in any ftate. A Clive and a Hadings are az dangerous in a -ftate, az an Arnold or a Shays, if they hav the fame evil propenfities ; for thoze who oppoze law, are generally punifhed ; but thoze who are abuv law, may do injuftice with impu- nity. The peeple hi Penfylvania may be included under the three denominations of Frends^ Germans^ and Irifh tiefendants. ^^he Frends and Germatis were the firft fett- lers, and for the mofl: part liv between the Delaware and Sufquehanna. Theze are peeceable and induftrious peeple. The Irilh or their defendants, inhabit th6 weftern counties ; they are induftrious, but not fo wel informed in general, az the inhabitants of fome older counties, and at times hav been turbulent citizens. It v/az the misfortune of this, az of all the futhern ftates, that no provifion for public fkools waz incorporated into the original fundamental laws. Witliout fuch a provilion, it iz not poflible that a body of freemen fliould hav the reeding neceflary to form juft notions of liberty and law. I'his defeat wil probably be fupplied by the new conftitution and the future MISCELLANEOUS REMARKS. 355 future laws of the ftate. The number of colleges and academies alreddy founded and endowed, proov the dif- pofition of the legillature to encurage fcience. The only difilcultyiz to perfuade an agricultural peeple to jfertle in villages or ilans, for the purpofe of maintaining a clergyman and fkoolmafter ; and thus to carry into effeil tiie wife and benevolent defigns of their rulers. Philadelphia iz a great commercial city ; but it iz quedioned whether commerce wil giv it a future growth equal to that of New York. The future population of the futhern part of New Jerfey, and the peninfula between the Chefapeek and the Atlantic, wil not add much to the trade of Philadelphia. The naborhood of the city and raoft of the lands towards Lancafter and Bethlehem, are alreddy wel fettled. About fev- enty three miles weft of Philadelphia runs the Sufque- hanna ; a river not indeed navigable at the mouth, but with fome portages, capable of opening a communica- tion by water from Wioming to the Chefapeek ; and fliould canals be opened to avoid the falls and rapids^ the trade of the ftate, quite to the hed of that river, wil center in Baltimore. At any rate Baltimore and Alex- andria wil command moft of the trade weft of the Suf- quehanna ; fo that Philadelphia muft depend moftly, for the increefe of her buftnefs, on the population northward, about the hed of the Deleware. The com- merce however wil always be confiderable, and the fpirit of the citizens in eftabliftiing manufactures, prom.- ifes a great extenfion of the city. The ftate of Penfylvania waz, for many yeers, agi- tated by a territorial controverfy with Connecticut j the hiftory of which iz breefly this. King James I. in 1620, made a grant to a number of gentlemen, called the Piimouth Company, of all the lands in North America, included between the 40th and 48th degrees of latitude, throughout all the mam land from fee to ft \ except fuch lands az were then fettled by fbme Chriftian prince or ftate. The only fettlements at that time north of Virginia, were at New York and Albany, on the Hudfon. Z 2 In 356 MISCELLANEOUS REMARKS. In 1628, a number of <];entlemen obtained from thi company a grant of lands, bounded on the north, by a Jine three miles north of Mcrrimak river, and on the fouth, by a line three miles fouth of Charles river, throughout the main lands from the Atlantic on the eejl^ to the South See^ on the locjl. This waz the firft grant of Mafjachufetts. In the yeer 1631, Robert, erl of Warwick, prefidcnt of the Plimouth company, granted to lord Say and Seal, and lord Brook, all that part of New England, extending from Naraganfet river, the fpace of forty \tQ'^ on a ftrait line, neer the fee coaft, north and fouth in latitude and bredth, and in length and longitude of and withirl all the aforefaid bredih, throughout all the main lands from the ivcftcrn Ocean to the South See. This grant waz confirmed by the charter of Charles II. dated April 23^ 1&62, with a fimilar defcription of the territory* l\\ 1664, king Charles II. gave hiz brother a tra£l qf land in America, the defcription of which iz not whol- ly confluent or intelligible ; but one part of the grant interfered with the Connecticut patent, and difputes aroze, which Vv-ere amicably fettled by commiirioners in 1683 •, the line between Connecticut and New York being fixed at Byram river, about twenty miles eeft of the Hudfon. In 1680, Sir William Pcnn obtained from the crown a tra6l of land, extending from twelv miles north of New Caftle, on the Delaware, to the forty third degree of lati- tude, and from the Delaware weftward five degrees of longitude. This grant interfered with the patent of Con- jiesSticut,^ provided the grant to the guvernor and com- pany of Connedicut ihould be extended weft of New York, according to the words of that and the other grants of New England. Mr. Penn took care to gain a juft title to hiz patent by bona fide purchafcs of the Indians, who polTclTcd the foil. But tlie queftion iz, whether he had a right of pre-emption to lands before granted to other msn j and whether the king's grant to him could be valid, fo far az it cuvercd lands alredy conveyed by tlie MISCELLANEOUS REMARKS. 357 the crown to a company, which had begun fettlements upon the grant. The Penfylvanians contended that, the geografy of this country being Httle knovvn in Er.gland, az all the maps and charts at that tir/,e were impcrfedt and erro- neous, it muil hav been owing to an ignorance of the diftance from the Atlantic to the South See, that the grants were made to run thro the continent : That Mr. Penn had acquired the beft of titles to the lands in difpute by fair purchafe from the nativ proprietors : And that ConneiSlic.ut, by a fettlement of her boundary ■with New York, had fixed her weftern limits, and re.-- jinquifhed all claim to lands weft of New York. While any part of Connedicut, eeft of New York, remained unlocated, the inhabitants fuffered their claims weftward to lie dormant. But about the yeer 1750, the whole of this territory waz located, and the peeple began to think of forming a fettlement weftt)f Delaware river. They how-.ver knew that the lands were claimed by Penfylvania, and to remoov all douts az to the validity of their own title, requefted the opin- ions of the moft emineat council in England, upon their right by charter to the lands in queftion. They receeved for anfwer, that the grant to the Plimouth company, did extend to the weftward of New York : That the fettlement of the boundary line between New York and Connecticut, did not affe(R; their claims to lands in other parts : And that, the charter of Con- nedicut being of a prior date to that of Sir William Penn, there waz no ground to contend, that the crown could make an effe^ual grant to him of that country which had been fo recently granted to others. This anfwer waz fo decifiv and cleer in favor of their claim, that they proceeded to locate and fettle the lands on the Sufquehanna river, within the latitude of the Con- necfticut charter. It feems however that a few fcatter- ing fettlements had been made within the fame latitude, on theoppofit fide of the river, under Penfylvania loca- tions. The fettlers foon came to an open quarrel, and |30t|i ^ates became intereficd in the controverfy. The difpute 35S MISCELLANEOUS REMARKS. difpute hov;ever fubfided a few yeers during the war, til finally both dates fubmitted their claims to the ju- rifditiion of the territory^ to a federal court, which waz held at Trenton, in November, 1782. The decifion pf this court waz in favor of Pcnfylvania, and Con- nedlicut acquiefced. DiiTarished with this decree, the fettlers under Con- nedlicutaiid individual claimants, determined to main- tain their right to the foil, which they had poflefled more than twenty five yeers ; and to fubmit this alfo to a fed- eral court. No court however waz ever held for the pur- pofe ; the claimants not finding any fupport from the guvernment of Conneflicut. I'he fettlers, amounting to many hundreds, remained upon the foil. Penfyl- vania, by a precipitancy arifing out of an imperfecfl frame of guvernment, refolved to take pofi"efllon of the lands, and fent an armed force for the purpofe. This mfcure waz rafh, efpecially az the principal fettlers liad taken ^he oath of allegiatice to that fiate, and were •willing, if they could be quieted in their poffelTions, to becumgood and peeceable citizens. Tumults follow- ed ; the hiftory of which would be difagreeable to moft jeeders. At length, Penfylvania pafled a law to quiet thoze who were a(5iual fettlers before the decree at Trenton, in the pofleffion of their farms, amounting to about three hundred akers eech. The territory waz eredled into a county, by the name of Luzerne, in honor of the French minifter of that name. Colonel Pickering waz appointed Prothonotary* of the county. This gentleman haz fuffered much in reconciling par- ties ; but hiz integrity, zeel, prudence, and indefatiga- ble induflry, bid fair to meet with merited fuccefs in quieting diforders and eftablifliing guvernment. In this controverfy, feveral quefiions arize. Firft, What right had the crov/n of England to the lands in North America ? I anfwer, the right of difcuvery. This right, how- ever the law of nations may hav confidered it, does not in fa6t entitle a prince or ftate to the foil, even of I 2n ' Clerk or rcgifter. MISCELLANEOUS REMARKS. 35^ sn uninhabited territory ; much lefs, of lands pod'efTcd by any of tlie human race. It entitles the difcu\ ering nation to a preference in forming fcttlements or occu- pying vacant lands. And this right iz derived rather from the common convenience of nations, or the ne- ceffity of fome principle by which to prevent contro- verfy, tlian from any connexion between difcuvery and a title to -property. Secondly, What right could the grantees derive from a royal grant of lands in America ? I anfwer, merely a right of pre-emption^ or a prefer- ence in purchafing the lands of the proprietors, the na- tiv Indians. Thirdly, The guvernor and company of Conne(f>i- cut, by the prior date of their charter, having the right cf pre-emption to all the lands cuvcred by the charter, could Mr. Penn acquire a title to any of the fame lands by pre-emption ? On legal principles he certainly could not. The only fubftantial ground of title which Penfyl- vania could hav to the controverted lands, vvaz, that Conne6ficut, by negleding to purchafe of the Indians, might forfit their right of pre-emption, and Icev the territory open to any purchafer whatever ; fo that Mr. Penn or hiz heirs might acquire a good title by iirft purchafe. Whether Mr. Penn adualiy acquired fuch a title or not, I am not poffefled of documents to decide. That the hrft grant of New England a6f ually extended to the Weftern or Pacific Ocean, cannot be denied ; and congrefs hav admitted the claim, by accepting from Conne6ticut a ceffion of lands weft of Penfylvania. Connefticut however flil holds a tra6l of one hundred and twejiity miles, weft of that ftate, which iz now for fale. The ftate of Mallachufetts haz a fimilar claim to lands weft of New York, ftate ; and the line between the two flates haz lately been fettled by commiffioners. At any rate, the controverfy between Connedicut and Penfylvania waz finally terminated by the decree of Trenton, and it iz to be wilhed no future altercatiori ipay difturb the ftates or individual proprietors. The 36o MISCELLANEOUS REiMARKS. The fmall (late of Delaware refembles Penfylvanla in refpefl to its hiftor^' and guvernment. Maryland waz fettled by Roman Catholic emigrants, from England and Ireland, under lord Baltimore. Large grants of land were carved out to individuals, and flaves purchafed from Africa to cultivate the foil. Soine of the largefl: eftates in America lie in Maryland. 'I'he guvernment waz foraierly in the hands of the proprietary ; but the peeple, at the revolution, alTumed it. Mr. Harford, the natural fon of lord Baltimore, inherited hiz property in Maryland ; but being an ab- ientee during the war, hiz eflates were conlifcated, and on petition, the Icgiflature refuzed him even the ar- reerages of rent, du at the commencement of hoftili- ties.* The prefent conflitution iz in general excellent ; and particularly in the eftablifhment of an independent fenale. In a popular llate, nothing contributes fo much to ftability and fafety, az an independency -and firmnefs in one branch of the legiflature. This flate however, like its nabors, iz remarkable for tumultuous elections ; a malpradice that haz exifted from its firfl fettlement ; a pradlice which wil fooner or later proov fatal to the attempts of merit in obtaining offices, and fap the foundation of a free guvernment. The body of the peeple are ignorant. I once faw a copy of inftruftions given to a reprefentativ by hiz con- ftituents, with more than a hundred names fubfcribed ; three fifths of which were marked with a crofs, becaufe the men could not write. Two or three colleges, and fome academies and private fkools, conflitute the prin- cipal meens of inftru:e the proceedings of the legiflature of Mar>'l3nd in ?7*5- - ■ ■ ■■ MISCELLANEOUS REMARKS. , 361 in Baltimore and the vicinity, than in all New Eng- land. But Maryland muft decide upon the public benefit derived from this unreftrained admiffion of foreigners. Virginia waz fettled eight yeers before New York, and fourteen before New England. This circumflance haz given the ftate the quaint appellation of the ancient dominion. The divifions of property are large, and the lands cultivated by flaves. Entailments of land were barred before the revolution ; but real eftate iz not liable for det upon an execution. It appeers ftrange at firfl: view, that men fhould exempt their lands from this liability, and at the fame time, fufFer their perfons to be imprizoned for det : The Angularity however iz eezily accounted for, by their karat^eriftic attachment to large fjlates^ or rather to the name of poflefling them. When a man's confequence and reputation depend principally on the quantity of land and number of negroes he iz faid to pojfefs^ he will not rifk both for the fake of hiz creditors. The paflion for the name of a planter^ ab- forbs all other confiderations. I waz once prefent at an entertainment, given by z yiing planter in Virginia, who had much land and many Jlaves. He aroze at two o'clock next morning, pawned hiz knee buckles and fome other articles, gave hiz landlord a note for about fixty dollars, and rode off without paying hiz hair-drelT- er. But he waz faid to be a man of property. Many of the planters are indeed nominally rich ; but their dets are not paid. I waz told by wel informed plant- ers, that fome whole counties in Virginia would hardly fel for the valu of the dets du from the inhabitants. The Virginians, it iz tru, owe immenfe fums to Britifti merchants, and the difficulty of paying them might be a principal reezon for fufpending the colIe(51:ion by law, at the cloze of the war ; but that the real eftates of a whole county would not difcharge the dets of it, iz not to be beleeved. A large part of the peeple in Virginia hav not the jneens of education. The difperfed fitqation of the planters in tl]e futhern ftates, renders it impofiible for all 362 MISCELLANEOUS REMARKS. all to hav accefs to llcools. The univerfity of Wij- Jiamfburg, and a few academies in large towns, coBfti- tute the principal mecns of education in Virginia ; and the fame remark iz applicable to all the futhern ftates. But a fmall proportion of the white children can reep any advantage from theze inPulutions. Since the rev- olution, the legiilatures of all the futhern ftates hav /liown a difpozition togiv liberal cncuragcment to the education of every rank, of citizens ; but the local cir- cumftances or habits of the peeple throw innumerable obftacles in the way of executing their patriotic dc- figns. Gentlemen of property, reziding on their plan- tations at a diftance from a village, wil fometiraes hire a private inllruclor in their families ; but theze inftruc- tors mufl be vagabonds, for the moft part ; az the gentlemen wil not admit that ^fnoolmajhr can be zgen- tlcman j in confequence of which opinion, moft or all teechers are excluded from genteel company. While this iz the cafe, men of good breeding wil not be found to teech their children. An exception inufl be made o'i gravimar rna/lers, az they are called ; for a man who can teech Latin, they fuppoze, may be a decent man, and fit for gentlemen's company. Religion fares worfe in Virginia than education. Before the war, the epifcopal waz the eftabliflied relig- ion of the province, and the churches were liberally endowed by law. A parifli ufually contained four churches, in eech of which a clergyman officiated in rotation, one Sunday in a month. But this greevous burthen waz remooved by the revolution, and great numbers of parifhes hav no officiating miniiier. A motion waz brot forward in 1785, to make fome legal provizion for fupporting clergymen ; but the propofiiiori waz fufpended til the next felhon of the legillature. In the meen time a pompous retorical memorial waz circulated and fubfcribcd, in oppozition to themezure. The arguments uzed againft any ecclefiallical eftab- lifliments were fplendid, liberal ^r\d efficacious ; and at the following feffion, the legiflature pafled a declaratory argument a tiv MISCELLANEOUS REMARKS. 365 argumentativ refolv againft giving religion any eftab- liihment and protedlion.* When men hav thrown off a reftraint that iz difa- greeable and uareezonable' it iz to be expected that they wil run into the extreme of licentioufnefs. Yet it iz one of the mod difficult problems in the hiftory of theze ftates, that the liberal and eminently lerned men, who condufl the guvcrnment of Virginia, (and many ot their leeding karadters are of thisdefcription) (liould not view the minifters of religion, in America, az defti- tute of that odious and tremendous authority over hu- man confciences, which waz afllimed under the papal hierarky. I can hardly beleev a man of reeding and reflecflion to be ferious, when he afi'erts that legiflatures hav no right to compel the fubjecl to contribute to the ff'-Pport of clergymen^ becaufe they hav no authority over men's conjciences. Neether clergymen nor human lawS' hav the leeft authority over the confcience ; nor iz any fuch power implied in a law compelling every citizen to contribute annually to the fupport of a clergyman. But any fovereign authority may juflly command the citizens to eftabliih and attend religious ailemblies, az wel az to meet for the choice of reprefentativs, or fend their children to a fkool ; powers which were never queftioned. A man iz not bound in confcience to be- leev all the inftrudions of hiz preceptor ; nor are the citizens compellable to beleev the opinions and deci- lions of a court of juftice ; but the legiilature haz a right to compel every citizen to pay hiz proportion of taxes to maintain preceptors and judges. This iz pre- cifely the fa6t with refpe6t to a legal fupport of clergy- men. No man iz bound in law or confcience to beleev all a preecher fays ; but the whole queftion iz this ; are clergymen, az moral inftru6lors, a beneficial order of men ? Haz their miniftration a good effedl: upon focie- ty ? If this (hould be admitted, there iz no more dout of * Virginia however iz not alone in this mezure. Rhode Ifland formerly took the fame flep?, and flil adheres to its //^ . 364 MISCELLANEOUS REMARKS. of the right of a legiflature to fupport fucli men by law, than there iz of their right of inftituting univer- fities or courts of juftice. "1 hat enormous error which feems to be rivetted in popular opinion, that the func- tions of clergymen are of afpiritual and divine fiature^ and that this order of men JI)Duld hav no concern with fecular affairs, haz laid the foundation of a feparation of in- tereft and influence between the civil and ecclefiaftical orders ; haz produced a rivalftiip az fatal to the peece of Ibciety az war and peftilence, and a prejudice againft all erders of preechers, which bids fair to banifli the " gof- pel of peece" from fome parts of our empire. The Krif- tian religion, in its purity, iz the beft inftitution on erth fgr foftening the ferocious tempers, and awakening the benevolent affeclions of tnen. To this religion, Eu- rope and America are indetted for half their civilizn- tion. There hav been periods, when mankind hav fuffered from ecclefiaftjcal tyranny ; but information XT' demolifhing all fyfteins of defpotifm, civil and ec- clefiaftical. And when the clergy themfelves leev all rangling about fpeculativ points, which neether they nor philofophers undcrftand, and confine themfelves to publifhing and enforcing the benevolent precepts of a gofpel which breethcs nothing but univerfal luv and peece to all mankind, they wil remooy the prejudices againft their order, they wi) be really the melfengcrs of peece, they wil conciliate affe(5^ion, and thus open the harts of men to receev imprelTions of virtue, they wil make men good citizens here, without which they are never prepared to be members of a heavenly fociety j and finally they wil eftabiifh a rational pioral infuence over an enlightened peeple, equally fatal to the decla- mation of ranting fanatics, apd the pernicious aniufe- ment of gambling at inns and horfe-races. in the Carolinas and Georgia, we find the ftate of property, literature and religion, refembling that in Virginia and Maryland. Charlefton iz remarkable for its hofpitality and good order. But in the ftates fouth of Penfylvania and Delaware, the divifions of jproperty, the habits of the peeple, and the difpcrfed local MISCELLANEOUS REMARKS. 365 local fituation of the planters, are all unfavorable to improovments of any kind. Men Vv'ho liv remote from fociety, furrounded only by flaves, acquire man- ners fingular and often difagreeably imperious, ruf and clovvnifh. Urbanity iz acquired only in focieties of wel bred peeple. They cannot hav the benefit of fkools and churches, without which the body of a pee- ple canr.ot be wel informed, and wil not acquire (ocial and virtuous habits. The manners of lettiement therefore, tho it may be neceiTary and beneficial to in- dividuals, may be confidered az highly inaufpicious in a yung country, whoze conftitutions of guvernment are founded on the principle of equality, and eannoc fiurifh without mildnefs of manners and a general dif- fufion of knowlege. In the agricultural improovments of the united dates, there iz a remarkable ditference, which muft hav proceeded principally from the flavery of the futh- ern. In Virginia and Maryland, I (hould queftion whether a tenth of the land iz yet cultivated. In New England, more than half the whole iz cultivated, and in Conne6licut, fcarcely a tenth remains in a wild ftate. Yet Virginia haz been fettled longer than New Eng- land. I once heerd the Prezident remark, " that from the northern to the futhern ftates, the agricultural improov- ments are in an inverfe proportion to the number of ilaves." This remark, like the actions of that illuftri- ous karailer, dezerves to be engraven on monuments of marble. Slaves hav no motiv to labor ; at leeft, none but what iz common to horfes and cattle. They want the only ftimulus that unites induftry with econ- omy, viz. the profpe6l of a permanent advantage from their labor. It haz been obzerved in Europe, that land rented on long leefes, iz better cultivated, than that which iz farmed on (liort leefes. A man who holds lands in fee, will uze them to the beft advantage, for he experts hiz children wil enjoy the benefit. A man who «haz lands on very long leefes, hai neerly the fame motivs to 366 MISCELLANEOUS REMARK^. to improov them. Tenants for life wil make the moft of lands for them felves ; but wil probably leev them in the moil impoverilhed condition. Leffees for a yeer hav few motivs to keep a farm in good repair ; and Haves are the vvorft cultivaters on erth, az they hav the leell: intereCi: in the fruits of their labor. One yeman, who iz mafter of himfelf and hiz labors, and eets fub- ftantial food, v/d perform the work of four Haves. This iz not the whole eVil. Slaves not only pro- duce k/s than freemen, but they wafte more j every tlave, az Dr. Franklin haz remarked in hiz Mifcella- neous wurks, being, from the nature of fituation, a theef. In addition to this, wherever flavery exiles, a great proportion of inhabitants are rendered indolent, and indolence iz followed by vices and diffipation. Suppoze twenty thoufand men to do no produdiiv bufinefs ; what an immenfe difference wil this make in the cultivation of a ftate and in the annual income. In New England every man does fome kind of bufi- nefs : In the futhern ftatcs, the proprietors of large plantations do little or no bufmefs. The reezon why the planters make fuch a profit on the labor of their flaves iz, that the fubfiftence of negroes iz not very ex- penliv. The northern yemanry not only require more clothing than the futhern, but they liv on expenfiv food and drinks. Every man, even the pooreft, makes ufe of tee, fugar, fpirits, and a multitude of articles, which are not confumed by the laborers of any other coun- try.* But * Tlic confumption of beef in New England iz the reczort why the exports of that article do not exceed thoze of Ireland. Moft of the laboring pecple in New England cet meet twice a day, and az much az their appetites demand. Suppofe eech pcrfon to eet but fix ounces a day on an average, wJiich iz a low elMmatc, and the inhabitants of New England confumc more than ene hundred million pounds of meet, in a yeer. I do not know what proportion of this iz licef, but the greateft part iz beef and pork, worth fwo fence, and fwo pence half fenny a poiiPjl. By the bell: accounts from Ireland, it iz probable the inhabitants do not confume a twentieth part of the meet, con- fumed in the northern ftatcs, in proport ionto their numbers- But A4ISCELLANEOUS REMARKS. 367 But however cheep may be the fubfiftence of flaves, while every thing iz left to a mercenary unprincipled cv^rfeer and to hzy negroes, a ftate wil never be wel cultivated. In auiumri, 1785, a gentleman in Rich- mond informed me he had juft carried fome manure upon a field to make an experiment for the firfl time. This fact wil hardly be beleeved in the northern flates. In travelling thro Virginia, from Alexandria to WilJ- iamfburg, and alfo to Peterlburg, 1 faw not one mill- dam, except vdiat confifted of mere fand, thrown acrofs a ftreem. The idea of conftru6ling -dams of timber and planks, laid fo az to make an angle of forty five or fifty degrees with the horizon, that it might gain flrength and lability in proportion to the prelTure of the incumbent water, feemed not, at that time, to hav prevailed in Virginia. In a variety of particulars, the flow progrefs of invention in the futhern llatcs, waz; equally remarkable. Slavery iz an evil of the worft kind ; this iz gener- ally acknowledged. But what remedy can be applied ? To liberate the flaves at once would bcmadneis ; it v/ould ruin both mafters and flaves. To liberate them gradually, and fuffer the freed men to liv with the whites, might giv rife to difcord and tumults. Colon- ization, by a gradual exportation, iz an expedient that would be fafe and effedtual, but camiot be put in exe- cution. The probability iz, that, in the lapfeof time, the blacks wil all be blended with the whites ; the mixed race wil acquire freedom, and be the predomin- ant But ftippoze they confume a tenth ; let the New England pee- ple reduce the confumption of meet in the fame proportion, and they would ikve ninety milVions for exportation. Tliis at two pence a pound makes the fum of t^vjo million fi-ue hundred fhoufand dollars, which iz a very handfome commercial income. Let the redudlion proceed to all kinds of food and clothing ; let our common peeple liv like the poor of Ireland in a// r^v ffeds, and they would fave twice the i'um. I would not rec- ommend tliis to my countrymen ; I wifh them to enjoy good eeting and drinking. But I make thezeeftimates to (how tlieni that they never wil hav much mmey ; for they eet and drink ^\\ thev ern. 368 MISCELLANEOUS REMARKS. ant part of the inhabitants. This event haz taken place in Spanifli Aoierica, between the nativs and Spaniards ; and, to a great degree, in feme of the Weft India illands. The fame event iz rapidly taking place in the futhern ftates. A propozition v^•az once made in the houfe of delegates, in Virginia, for granting the rights of freemen to the free blacks ; it waz not car- ried ; but I do not fee how any ftate can deny theze rights to blacks that hav the legal qualitications of property and refidence. This privilege once granted, would facilitate the intercourfe between the whites and blacks, and haften the abolition of flavery. In the climate of the united ftates, there are feveral particulars thatdezerv notice. In the firfl: place, every circumftancein the local pofition of Atlantic America, concurs to render the wether variable. Theze ftates extend thro fifteen degrees of latitude, in the tempe- rate zone ; confequently muft always experience the extremes of winter and fummer. Every part of this territory experiences fudden changes of wether ; but the moft numerous and violent changes, are between the 36th and 43d degrees of latitude, on the Atlantic coaft. Within this diftrift, the moft frequent varia- tions feem to be in Penfylvania and Maryland. Four months in the winter feafon, the wether in Penfylvania^ Maryland and Virginia, rcfembles the March wether in New England ; almoft every week exhibiting the varieties of cold, heet, froft, fnow and rain. For two months in the fpring, and one in autumn, New Eng* land iz expozed to eefterly winds and rain ; except in theze months, the changes of wether, tho fometimes fudden and violent, are not very frequent. The eeft* erly winds, which uzually bring rain, ceeCe about the 20th of May. The variations of wether in the united ftates, arizing from the latitude of their fituation, are multiplied by their pofition on the ocean. Water in an ocean iz of a very uniform temperature ; whereas land iz eeziiy heeted and cooled. This circumftancc creates an in- ceftant conteft between heet and cokl, on an extenfiv fee MISCELLANEOUS REMARKS. 369 fee coaft ; and of courfe an everlafting variablenefs of winds. This iz true in all countries. According to this theory, Atlantic America muft always hav a vari- able climate. The fouth eeft winds from the ocean, falling upoa the continent at right angles with the (here, invariably produce rain ; the oppofit, or north weft winds, proceed- ing from the high lands in the back country, invariably produce cold cleer wether. North eeft winds, running parallel with the (liore, produce ftorms of fnov/ in win- ter, and longcoid ftorms of rain in fpring and autum. Our moft violent gales blow from the north eeft. A ibuth wefterly wind fometimes brings rain, and when, it firft blows in winter, iz chilly ; but it foon moderates cold wether, and In fummer it iz the gentle zepher of the poets. In fpeeking of winds, itiz necefTary to corre6l a vul- gar error. It iz commonly faid, that north weft winds contrail their coldnefs from the vaft lakes in the north weft regions of the united ftates. This iz an unphilo- fophical opinion, for water always moderates the tem- perature of the air ; and it iz a wel known faiSl that the large lakes do not freeze at all ; fo that if we were to feel the wind immediately after palTing over them, we ftiould find it always temperate. The truth iz, our wefterly winds come from high mountains and high regions of the at mofphere, which are always cool. The top of the blu ridge, or firlt range of mountains in Vir- ginia,, iz about four thoufand feet abuv its bafe. The top of the Allegany or middle ridge, which iz the height of land between the Atlantic and the iMiffifippi, tho not fo far from its bale, muft be much higher iri the atmofphere. How far the bafe of the blu ridge Iz abuv the furface of the ocean, haz not bseii afcertained ; but fuppoze it five thoufand feet, and the top of the Alleg- any, two thoufand feet abuv the blu ridge, and the greateft elevatipn of land iz eleven thoufand feet, abuv the waters of the Atlantic. The air on the tops of theze mountains iz never Keeted to the degree it iz in the low countries. The cold regions of the atmofphere are much neerer to fuch A a • hightSj 370 MISCELLANEOUS REMARKS. hights, than to a vaft extended plain. Thus the top3 of mountains are often cuvered with fnow, when the land at the feet of them, iz fit for plowing. From the regions of air abuv theze mountains, proceed the fe- rene cold winds which fweep the Atlantic ftates, puri- fying the atmofphere and bracing the bodies of ani- mals. I would jiift remark here, that the climate of the tranf-alleganean country, wil never be expozed to the frequent changes of air and violent tempefts which harrafs the inhabitants of the Atlantic (hore. The force and difagreeable efTefls of eefterly winds from the ocean, are broken by the mountains ; and the norther- ly vi'inds wil be tempered by paffing over the lakes ; tvhile the futherly winds wil be az refrefhing in fum- mer az on this eeftern coaft. Theze remarks are now verified by fa6>s ; altho by being cleered from forefts, the country wil become more expozed to variations of \vind. In the fecdnd place, it i2 obzcrvable that the climate cf America grows more variable, in proportion to the cultivation of the land. Every perfon obzerves this effedl of cleering the lands in the eeftern and middle ftates. The heet in fummer, and the cold in winter, are not fo fteddy az formerly, being interrupted by cool rains in fummer, and moderate wether in winter. Our fprings and autums are longer, the former ex- tending into fummer, and the latter into winter. The caufe of this chang'e iz obvious : By levelling the for- efts, we lay open the erth to the fun, and it becumes more impreflible with heet and cold. This circum- ftance muft multiply changes of wethef. The culti- vation neceflary to produce this effeft, haz proceeded about one hundred miles from the Atlantic, or perhaps a little farther. But in Vermont and other back fet- tlements, the wether iz yet fieddy ; there being few violent ftorms, efpecially in winter. The fnow falls gently, and lies til fpring ; whereas neer the Atlantic, moderate wether for three or four days, or a warm rain, often fweeps away the fnow in January or February. But MISCELLANEOUS REMARKS. 37* But altho the wether iz growing more variable from the cleering of lands, yet the falutary effects of cultiva- tion are vizible in the increefmg falubrity of the cli- mate. The aga and fever iz a diforder that infefts moft new fettlements. Cultivation wit totally remoov the caufes of this diforder, from every tradt of country, which iz capable of being drained. Forty veers ago, this difeefe prevailed in the ftate of Connecticut, in the fame manner it now does in Maryland. But for twenty or thirty yeers paft, it haz hardly been heerd of in the ftate. There are a few places expozed to the ef- fluvia of marfhy grounds, where the diforder ftil infefts the inhabitants. Some parts of the futhern ftates can never be drain- ed ; the land iz fo low that the frefties in the rivers, or the tides, are almoft conftantly cuvering it with water. Vegetable putrefaction may be confidered az furnifh- ing the miafmala in any country ; and the greateft quantities of putrid effluvia are exhaled from lands conftantly expozed to a flux and reflux of water. But all countries, except the very mountanous, when firft cleered, are infefted with intermittants. Peeple on tlie fronteers of New York and Vermont, are trubbled ■with it, efpecially in low flat trads of land. The furface of a wildernefs iz cuvered with leevs and rotten wood ; at the fame time, it iz moift, the rays of the fun being excluded by the trees. Therefore when peeple firft fettle in a wildernefs, they are not immedi- ately attacked with intermittents. They muft lay open the furface of the erth to the action of heet and wind ; the noxious effluvia then begin to rize, and wil infe/ cannot refufc to pay the full fum of lool. becaufe Cgave but fifty for the note. This reezoning iz applied to the cafe of the public det -, and yet a flcool boy ought to be afhamed of the application. The cafe iz not parrallel, and the reezoning iz defei^iv and inapplicable in every particu- Jar. Gh a DISCRIMINATION, ^c. ^^i In the firfl: cafe. It iz not tru that the alienation of the certificates waz a voluntary a6t ; but in mofi: cafes,; Vvaz an ail of necefilty. Mod of the original creditors Vvere ether rich men who loaned money, or poor men who did perfonal fervice. In many inftances, thoze who loaned money, loaned all their eftates ; and when they found no provizion made for paying the intereft, or when the intereft waz paid in paper of lefs valu than fpecie, they were left deftitute of the meens of fubuft- ence. Someoftheze hav been obliged to part with their certificates at a great lofs. But a large number of creditors were poor peeple, who had little or no property, but their certificates, who had performed fer-^ vice, and were under a necefTity of negociating them on az good terms az they could. Mofi of the alienations liav therefore been a necefiary confequence of public delinquency. Many of the creditors hav experienced a degree of dirtrefs, which, in a court of ciiancery, would entitle them to a confideraticn and redrefs. When a number of lofTes iz fo great az to effetSl the public, the legiHature then becumes a court of equitv, Vfhere the fufferers muft feek reparation* The legal principle mufi: be fufpended, and fpecial provifion made for this particular cafe. Thoze creditors Vv'ho were able to keep their certificates, hav generally done it, and On every principle are entitled to the full nominal valu. In the fecond place, the cafe of an individual aflignee of a bond wil not apply ; for 5, in the fuppozitiori, takes the bond voluntarily, yf, the dettor, haz prop- erty, and it iz optional with B, whether to brirjg a fuit for the money, recover a judgement, and take A't property, or take a bond on intereft. This iz general- ly the cafe with individuals, but not with the publict creditors. Thcze hav no alternativ ; they muft take promifes, which the fubjedl cannot compel the public to fulfil, when the money iz wanted. In another par- ticular, the two cafes are widely different, y/, B, and C, are three difiind perfons. y^iz the dettor, and it iz indifi^crent whether he pays the det to B or C. But when B haz fold the note for halt the valu, he cannot be 382 On a DISCRIMI>fATION, e5f^. be called upon for tlie money, nor for any part of it. In the other cafe, the creditors and the public are, in fome mezure, the fame perfon. The fame perfonS wiio looze their property by pubhc delinquency, are af- terwards taxed to pay their proportion to the purchaf- ers. But I wil for a moment fuppoze the two cafes exailly fimilar ; for I am willing to giv my antagonifts the faireft field of argument ; and what conclufion can be drawn in favor of paying the certificates to the bear- ers ? Can that reezohing be juft which draws general confequences from particular propozitions ? Such bad logic ought not to impeech a man's heart j but it can do very little lionor to hiz head. Do men, who reezon in this manner, confider that a principle with refpecl to individuals, may be perfect- ly yw/i, and yet purfucd to a certain degree, it may be- come entirely falfe ? That the fame principle which may be good in a certain degree, may, in the extreme becume criminal, iz tru not only in politics, but in the natural and moral fyftems. Heet and water, prouducc vegetables ; but too large portions of either, deiVoy plants. Every pafiion, natural to man, iz good in it- k'S^ and the wurk of a perfectly wife being ; but any pailion indulged to a certain degree, becumes criminal and dcftruftiv to focial happinefs. Self-love, the fpring of all action, and in the tru fenfe of the word, the moft neceffary principle^ in creation, when it becumes excefliv, iz az criminal and pernicious, az the mofl malignant pafTion. Eeting and fleeping are effential to helth ; but beyond a certain degree, they are hurtful, and may be fatal to the human body. In politices, the greateft poflible good iz the end of guvernment. Any principle, which may be tru, in particular inftances, but which, when extended to the public, does not produce the greatefl: good to fociety, iz certainly falfe in legiflation. A law whicli may be good and neceifarily in a community, may flil bear hard upon individuals, lliis iz generally tru of all laws. If a man takes a note of another, and fells it for half its valu, he haz, no remedy in law, nor ought the law On a DISCRIMINATION, bfc. 383 law to make provifion for hiz cafe ; for laws are, in their nature and ufe, general ; they do not defend to particular cafes. The reezon iz obvious. Were laws to notice every inconvenience, which may flow from their operation, they would produce confufion rather than order, and occafion greater injuries to the public, than would refult from the lofles of indi- viduals. But when fuch particular loffes becume gen- eral, the principle loozes its force. Sufferings, multi- plied to a certain number, becume public, and then re- quire the interference of the legiflature. If a man iz in det, and cannot pay, he iz at the difpofal of the law ; the law cannot be fufpended nor relaxed for hiz par- ticular benefit. But when the body of a peeple becume involved, the public fafety requires a fufpenfion or re- laxation of law. If an individual fettles upon land of another man, he iz confidered az a trefpafler, and iz liable to an ejectment. But let thirty thoufand men fettle thus upon land that iz not their owu, and a wize legiflature wil confirm them in their pofleffions. Ne-» ceflity or general good, in fuch cafes, fufpends the op- ieration of legal right, or rather changes private rongs into public right. Or to expfefs the idea differently ; when evils are increefed and extended to a certain de- gree, it iz better to let them remain, than to rifle the application of a violent remedy. Inftances of this kind occur fo frequently, that it iz needlefs to multiply examples. Nothing betrays greater weeknefs, than the reezoning of peeple, who fay, if a principle iz juft, it extends to all cafes. I fhould however be very un- happy to hav fuch men for my legiflators. It may be alked, where iz the line of difi:in6lion ? I anfwer, it may be impofTible to determin. Where the right ends, and the rang begins i where the legal principle fliould ceefe to operate, and fpecial legiflativ interference be- cumes neeeffary, it may be difficult to difcuver j but the extreme iz always obvious. Whenever the opera- tion of a receeved maxim or principle givs general un- eafinefs, it iz a demonflirativ proof that it iz rong ; that it produces public evil j and a wize leglflator wil reflraiw 334. 0/r a DISCRIMINATION, ^c. reflrain the operation, or edablifti a dlfFererit principle/. On the fuppozition therefore tliat tlie prelent holders of the public det, are precifely in the fituation of the af- fi2;nees of bonds, ftil the principle wil not apply nor warrant the fame conclufion in both cafes ; becauzc we cannot reezon from particulars to generals, efpecial- ly on political fubje^ts. Suppoze the original creditors to be five, and the prefent holders two ; more than half the number of creditors hav loll: the money which waz due to them ; the lofs atfeits them in the firft inftance, and the hevy taxes which are neceffary to appreciate the certificated in other hands, double their injuries and complaints. Thezeloozing creditors hav an idea that they are real- ly cheeted, and their murmurs foment that popular jealoufy which iz ever bizzy to check large and fudden revolutions of property, 'rhe certificates fall into the hands of rich men^ at a great difcount, and the body of the peeple fay, " we wjl. not fufferour own lolfes to enrich our welthy nabors*" This outcry, it iz faidj proceeds from a levelling principle, which aims to deftroy all diftindion of rank and property. But in the prefent cafe, the popular complaints proceed from equitable principles ; nor do I know of any inftance of public jeloufy, exciteu by an acquizition of property in the courfe of honeft induflry. Fortunes may be foddenly raized in private bufinefs, by commercial fpeculations, and no notice taken of the event-; but when public delinquency haz thrown num- berlefs advantages into the hands of a particular clafs of men, which the peeple know are made at their own expenfe, it iz impoflible that they fhould behold fucha change of property, without queftioning the propriety of it, and the jurtnefs of the principle by which it ia defended. When the common fenfe of mankind iz oppozed to fuch a change, it ought to be confidered az a good proof that it iz not juft. Whatever conclufions therefore may be drawn from a principle, eftablifhed in courts of laiv^ or among na- tions in different circumftanccs, the public fenfe of jiillice On a DISCRIMINATION, ^r. 385 juftice tnuft, after all, decide the queftion. A lawyer may wurk bimfelf up to convidlions, in wire-drawing principles ; but hiz reezoning iz oppozed to the fenfe of mankind. Peeple may not be zb\c \.o di/cuvcr the fallacy of the reezoning, but they can feel it. They may htftlenced^ but cannot be convinced. One grain of common fenfe iz worth a thoufand cobweb theories ; and however peeple may be abuzed for refining upon juftice, we rarely find them generally difpozed to do rong. The domeftic det of America furnlflies a new era in the hiftory of finance. We hav no examples to fol- low ; we muft purfu fome pradicable fyfterti, with our eyes invariably fixed on public juftice. I knov/ it iz faid that the original creditors can purchafe certificates how, at the fame or a lefs price than they took for them. But this iz not ftridly tru. Individuals might purchafe at a low rate ; but a general demand for them ■would raize their valu much abuv their current valu at any paft period : For it ftiould be confidered that hith- erto the fellers hay been numerous, and the pur- chafers, few ; that iz, a full market, with little demand for the articles. Reverfe the cafe. Let the fellers be- cume the purchafers ; the demand would at once raize the valu of the certificates neerly to the face of them. But if the certificates were to pafs at their prefent low valu, few of thoze who hav alienated them, could re-purchafe i for the fame neceffity which obliged them to fell at a lofs, now prevents their repurchafing. Pee- ple hav not grown rich fince the revolution ; efpecially thoze who were faithful in the fervice of their coun- try. At any rate it iz to be wilhed that the certificates might ceefe to circulate az objects of fpeculation. They are a Pandora's box to this country. Almoft the whole adiv fpecie of the country iz em- ployed in fpeculation. Laws prohibiting ufury, re- ftraiti the loan of money, while the certain profits of fpeculation amount to five or ten times the legal in- tereft. No money can be borrowed 3 no capitals can Bb be 386 On a DISCRLMINATION, ^c, be raized to encurage agriculture and manufa£ture$ I Lucrativ induftry iz checked ; land iz funk to two thirds of its real valu, and multitudes of induftrious peeple are embarralTed. From fuch eviJs, good Lord deliver us. Uq{ [ 387 ] ' No. XXIX. HARTFORD, JANUARY, 1790. An ADDRESS to YUNG GENTLEMEN. AT a time of life when the pafllons are lively and ftrorig, when the reezoning powers fcarcely be- gin to be exerciled, and the judgennent iz not yet ripen- ed by experience and obzervation, it iz of infinit con- fequence that yung perfons fhould avail themfelves of the advice of their frends. It iz tru that the maxims jof old age are fometimes too rigorous to be relidied by the yung ; but in general they are to be valued az the leflbns of infallible experience, and ought to be the guides of youth. The opinions here offered to your confideration hav not the advantage of great age to giv them weight, nor do they claim the authority of long experience : But they are formed from fame experience, ■with much reeding and refle6lion ; and fo far az a seel for your welfare and refpeitability in future life merits your regard, fo far this addrefs haz a claim to your notis. The firft thing recommended to your attention iz, the care of your helth and the prezervation ot your bodily, conftitution. In no particular iz the negledl of parents and guardians more obvious and fatal, than in fuffering the bodies of their children to grow without care. My remark applies in particular to thoze who defign their children to get a living without manual la- bor. "Let yung perfons then attend to fads, which are always before their eyes. Nature feldom fails to giv both fexes the materials of a good conftitution ; that iz, a body complete in all its parts. But it depends moftly on perfons themfelves to manage theze materials, io az to giv them ftrength and folidity. B b 2 The 388 AAr)r>KESSfo The moft criticcal period of life, in this refpeft, J^ the age of puberty, which iz ufually between thirteen and leventeen, or eighteen. Before this period, you are very much in the power of parents or mafters, and if they wifh to fee you ftrong and robufl:, tliey wil (ocd you with coarfe fubftantial food of eezy digeftion. But at fourteen yeers old, yung perfons are capable of exer- cifing their reezon, in fome degree, and ought to be in- ftru^ted in the mode of living, beft calculated to fecure helth and long life. It iz obzervable that yung pfer- fons of both fexes grow tali very rapidly about the age of thirteen, fourteen, fifteen or fixteen ; but they do not acquire mufcular ftrength in du proportion. It Ihould then be the bizzinefs of yung perfons to aflift nature, and ftrengthen the growing frame by athletic exercifes. > Thoze perfons who leed a fedentary life, fhould praci- tis fome amufement which requires confiderable exer- tiorl of the lims ; az running, foot ball, quoit ; taking care not to injure themfelves by too violent exertion ; for this would defeet the falutary purpofe of fuch exer- cizes. But the exercize I would moft recommend, iz fencing ; for the art itfelf iz highly ufeful at times, and the practice tends more to render the body firm and vigorous than almoft any exercize whatever. It braces the mufcles of the arm, fpreds the breft, opens the chert to giv the lungs play ; an efFe£l of great confe- quence to perfons about the age of puberty. For, az waz before obzerved, perfons of this age, (hoot up very faft ; the body grows tall, but narrow ; the mafs of flelh and blood iz increefed much fafter than the tone of the veffels and mufcular flrength j the cheft iz two narrow for the lungs to perform their office, and the blood veffels hav not fufficient elafticity to produce a brifk free circulation ; the fyrtem iz often too week to carry on the necefTary fecretions of the juices ; and the confequence of the whole iz, an obf^ructed circulation produces ulcers upon the lungs, which bring on a de- cay, or fome infirmities of body, which laft for many yeers, and not unfrequently for life. T« YUNG GENTLEMEN. 2^g To avoid theze ills, much exercife of the arms and body iz not only ufeful, but necefl^ry ; and when it v^ not the lot of yung perfons to labor, in agriculture or mekanic arts, fome laborious amufement fliould be conflantly and daily purfued az a fubftitute, and none iz preterable to fencing. A fencing fkool iz perhaps az neccHary an inftitution in a college, az a profeflbr- fliip of mathematics ; for yung men ufualiy enter col- lege about the age of puberty ; and often leev a labori- ous occupation, to commence a fedentary lite, at the very time when labor or other exercize iz the moll neceffary to giv firmnefs and vigor to their conftitu- tions. In confequence of this change and an academ- ic life, they often run up into long, flender, effeminate bodies, wiiich a flight cold may throw into a confump- tion ; or by intenle application to books, add, to a de- bilitated frame of body, a week nervous fyftem, which keeps them always -dying, tho it may not end life til old age. Dancing iz an excellent amufement for yung peeple, efpecialiy for thoze of fedentary occupations, its ex- cellence conlifts in exciting a cheerfulnefs of the mind, highly efiential to helth ; in bracing the mufcles of the body, and in producing copious perfpiration. Az the two firft effefls are very vilibly beneficial, they are the fubjedl of common obzervation j but the laft, which jz perhaps the moft generally beneficial, iz rarely men- tioned. Experience haz led me to the following ideas on this fubjed:. Our bodies are fo confiituted that a large portion of the juices (liould be thrown off by infenfi- ble perfpiration ; nor can the procefs be abated without danger, nor wholly obftru£i:cd without occafioning dif- eefe. The body muft perfpire, or muft be out of or- der. A violent cold iz a fudden obftrudlion of the procefs, which throws the matter, intended for evacua- tion thro the pores of the fkin, back upon the mteJUnes^ taking the word, not in a tecknical, but in its original extended fenfe. All that iz neceflary to cure a cold, which iz not attended with fymptoms of inflamation, vs. to "' 39© :.:fe A D D R E S S f^ to open the pores of the body ; which may he dorjc by .bracing, az by drinking cold water, which excites cir- culation by its tonic power ; or by relaxing the fyftem, az by the warm bath and v^^arm teas. The firft wil anfwer, where the body haz vigor enough to giv the tonic its full effect ; but iz not fo efficacious, nor fo generally prai^icable az the laft. It iz not fo eezy to force thro a wall, az to open a gate. The common houfe-wifely remedies, confifting of butter or other oily fubuances, mixed with fpirits, iifually hav no effect upon a cold, or a bad one. Flan- nel, warm teas, orfimple warm water, hav the beft ef- fe6l in relaxing ; but if they fail of producing a perfpi- ration, the patient fliouM hav recourfe to exercife. Dancing in a warm room, ot other violent exercife, wil generally throw a perfon into a copious fwet in a few minutes ; and this, two or three times repeeted, wil ufually releev the perfon, however obftinate the cold. If every thing elfe fails, the warm bath Ihould be reforted to az an almoft infallible remedy. But there ^another fpecies of obltrudted perfpira- tion more dangerous perliaps than fudden colds, be- caufe lefs perceptible-; I . meen, that which proceeds from a week habit of body. Whenever the tone of the veflels iz lofl:, the circulation of the blood becumes languid, the animal heet iz diminifhed, and the fyftem haz not ftrength fufficient to throw off the perfpirable matter. The confequence iz, the fkin becumes dry and rigid, and the perfon ufually feels a dull pain in hiz hed and the back part of hiz neck. Wimen, literary men, clerks, &c. are moft expozed to theze fymptoms. The remedy for them iz, free perfpiration ; but the moft effeiftual remedy iz dancing, or other vigorous exercife, which increefesi at the fame time, animal laeet and the tone of the veflels. Dancing indeed unites to theze, the other advantage of cheerfulnefs and good fpirits, which iz of fingular ufe to perfon saccuf- tomed to clofe application to bizzinefs or Contemplation. The only caution to be obzcrved iz, not to go into the cold air, v/itliout confiderable additional cJothing. l^ YUNG GENTLEMEN, 391 In cafes where perfons cannot hav recourfe to danc- ing or other exercize in a warm room, the warm batli may be uzed to great advantage. At firft thought, one would imagin, that the cold bath fliould be prefcribed for giving tone to a week fyftem ; but on reflexion, this would appeerto be generally, tho not always haz- ardous. The truth iz, a general relaxation of the body checks perfpiration ; and the firft effedl of cold, in fucli cafes, iz to brace the exterior parts of the body, and throw the offending matter, lodged in the fkin by the debility of the fyftem, back upon the lungs, or other interior parts. If the fyftem haz ftrength enough, or can receev enough by the operation of cold, to force open the pores and produce a copious perfpiration, the cold bath wil hav an excellent eifect. But when the perfon iz of a week frame, tlie experiment iz extremely dangerous. The fafeft remedy iz the warm bath, which remooves the obftruding matter by a gentle relaxation of the furface ; thus enabling the veffels to recuvec their tone, in a degree, and keep up a brifk circulation. The warm bath then iz the moft fafe and efficacious remedy for obflructed perfpiration, occafioned by de- bility ; and this iz an evil to which all fedentary peeple are expozed, and by which moft of them fufFer. I hav been often fupri zed that the moderns hav (o generally neglected the me.ens of prezerving helth, which were uzed by the ancients. A little attention to the ftru£lure of the human body, and the effeil: of heet and cold upon it, led the ancients to the obvious and almoft infallable meens of garding themfelves from difeeze. Their method waz to bathe almoft daily ; and then oil their bodies. By bathing, they kept their perfpiration free, and their bodies of courfe, in vigor and clenly ; and by the ufe of oil, they fecured the body from the fatal efFeils of fudden cold. In the later ages of Rome, warm baths indeed became a luxury, and were uzed to excefs ; but this waz only an abufe of a good thing, the excellent effecls of which had been experienced for ages. The neglefl- of the fame pieens, of preventing difcefe, haz obliged the modern? to 392 jfn ADDRESS ts to hav recourfe to phyfic, a fubftitute, more expenfiv and trublefome, and not always effeftual.* Whether in bizzinefs or amufement, let your whole conduct be guided by temperance. Are you ftudents I Eet moderately, and let your food be of the nutritiv kind, but not oily, high feefoned and indigeftible. Drink, but little, or rather no diftilled liquors j wine and fermented liquors are much to be preferred. A good cup of tee, iz fometimes a cordial ; coffee may be uzed freely ; but the conlfant ufe of hot liquors fel- dom fails to debilitate the fyfteni and impair the digef- tiv powers. Whether you reed or rite, accuftom yourfelves to ftand at a high defk, rather than indulge an indolent habit of fitting, which always weekens, and fometimes disfigures the body. The neerer you can keep every part of the body to an eezy ftrait pofture, the more equable wil be the circulation of the fluids ; and in or- der to giv them the mofl unconftrained flow to the ex- tremities of the lims, it iz very ufeful to loofen thoze parts of drefs that bind the lims clofely. There iz another kindof temperance which I would warmly recommend ; that iz, temperance in ftudy. Little does a helthy robuft yuth refledl upon the deli- cate texture of the nervous fyftem, which iz immedi- ately affedlcd by clofe mental application. The full fed mufcular man may fpum the caution, that warns him * It iz evident, from the filence of all ancient monuments, that tlie lieeling art waz not cultivated, and fcarcely known among the old Romans. For feveral ages from the bilding o^ Rome, there iz hardly any mention made of a phylician. Pliny relates, that Rome fluriftied, fix hundred yeers, without phylicians ; that iz, the profelTion waz not honorable, being confined to fervants or other low karafters. In Seneca's time, many of theze had acquired eftates by the bizzinefs ; but they were flil held in no eftimation, " Bona in arte medendi hu- millimifque quibus contingere videmus." After tlie conqueft of Greece and Afia, the manners of the Romans were cor- rupted by the luxuries of tlie eeft ; difecfes multiplied, and the practice of phyfic became more necelfary and more reputable ; but the art of furgery waz not feparated from that of medicin, til the times of the emperors. • YUNG GENTLEMEN. 395 hltn againft the danger of hypocondriacs ; but it iz next to impoflible that the hard ftudent, who cloflets hiinfelf feven or eight hours a day, in deep meditation, fliould efcape the deplorable evil, which makes men valetudinarians for life, without hope of a radical cure, and with the wretched confolation of being perpetually laughed at. 1 our hours of uninterrupted ftudy In a day iz gen- erally fufficient to furnilh the mind with az many ideas az can be retained, methodized and applied to pradtice ; and it iz wel if one half of what are run over in this time are not lofi:. It may fometimes be necefiary to ftudy or reed more hours in a day j but it wil az often be found ufeful to reed lefs. When you exercize at any diverfion, or go into company, forget your ftudies, and giv up yourfelves en- tirely to the amufement. It wil do you no good to leev your books behind", uniefs you difmifs your atten- tion or train of thinking. Attend to experience. You find it very fateeging to ftand, fit or even to lie in one fixed pofture, for any length of time, and change affords releef. The fame iz tru of the mind. It iz ueceflary, if I may indulge the expreflion, to change the pozition of the mind ; that iz, vary the train of thought ; for by a variety of ideas, the mind iz releev- ed, in the fame degree az the body by a change of pof- ture. When you reed, always endevor co reed with fomc particular objeft. You wil find many books that ought to be red in courfe ; but in general when you take up a treetis upon any fcience, or a vol urn of hif- tory, without a view to inform yourfelf of fome par- ticular in that wurk, you are not likely to retain what you reed. The objefl: iz too general ; the mind iz not capable of embracing the whole. For inftance, if you reed Hume's England in courfe, with defign to acquaint yourfelf with the whole flory, you wil find, at the end of your labor, that you are able to recolledt dnly a few of the moll remarkable occurrences 5 the ^reatefl; part of the hiftory haz efcaped you. But iif you 394 ^7z A D D R E S S ;* you confine yourfelf to one pobit ofhijlory at a time, for example, the life and policy of Alfred, or the account of Mary, queen of Scots, and reed what every author you can lay your hand on, haz faid upon that fubjecl, comparing their different accounts of it, you wil im- prefs the hiftory upon the mind, fo az not to be eezily effaced. Law ftudents (hould attend to theze re- marks. There iz another kind of temperance of more con- fequence than thoze mentioned, viz. temperance in plezure : For to all the perfonal evils of an exceffiv in- dulgence of the animal appetite, we may add innumer- able evils oi a moral and focial nature. No inter- courfe fhould take place between the fexes, til the body haz attained to full ftrength and maturity. In this re- fpevfl, ancient barbarous nations hav fet an example, that ought to make moderns blufh for their effeminacy of manners, and their juvenile indulgences. The old Germans accounted it fliameful and difreputable for yung men to hav any intercourfe with the other fcx, before the age of twenty.* To this continence were they much indetted for their mufcular bodies, their helth and longevity. But fuch an abflinence from plezure waz not maintained by law ; the Germans knew that pofitiv prohibitions would be ineffectual to reftrain this indulgence ; they had recourfe to the only certain method ; they made it d'lflmiorable. How dif- ferent iz the cafe in modern times ! So far iz debauch- ery from being fcandalous, that it iz frequently the boaff of men in the lir ft offices of flatc ; and a karac- terof licentioufnefs iz little or no objedion in a can- didate for preferment, f Oppozed * Qui diutifrime impubcrcs pcrmanferunt, maxiriiam inter fuos fenint landem : Hoc all Itaturain, all vires, nervofque connrniari piitant. Intra annum vero xx fcminae notitiain habuifle, in turpiflimis habent rebus.— —Celar De Bel. Gal. lib. 6. 19. f The ancients were wifer than the moderns in many re- •fpefts ; and particularly in refiraining certain vices by opinioHf rather than by pofaiv injuniTiom, Duelling and profane fWear- YUNG GENTLEMEN. 39s Oppozed to paflion and to falfe pride, caution wil perhaps be unavailing. But men who wifli for per- manent happinefs, fhould be perfuaded to take the meens for fecuring it. Wil you then run the rifk of erly indulgence in illicit plezure ? Some of you mo.y efcape the evils which generally follow j but the chanc- es are againft you. In nine cafes of ten, you wil de- ftroy the vigor of your bodies, and thus impair the ability of enjoyment by excels ; or what iz an addi- tional evil, you wil contrail difeefe. What iz the con- fequence ? Eether your tafte for the vileft plezures wil grow into habit and make abandoned rakes of yon, averfe to the innocent enjoyments of the married life, and of courfe bad members of fociety ; or you wil perhaps marry amiable wimen, with your ftrength and helth impaired, and your minds debauched, fickle, prone to jeloufy. In this cafe, you are neether Tecure of jng are prohibited by the laws of moft countries ; yet penal- ties hav no effect in preventing the crimes, whilft they are not followed by lofs of reputation. Vices which do not immedi- ately affeft the lives, honor or property of men, which are not 7na la infe, which are eezily conceeled, orwnich are fupported by a principle of honor or reputation, are not reftrainable by law. Under fome of theze defcription fall, duelling, profane fwearing, gambling, &c. To check, fuch vices, public opinion muft render them infamous.* Thoze who hav the diftribu- tion of honors and offices, may reftrain theze vices by making the commiflion of them an infuperable bar to preferment. Were the Prezident and the executivs of the feveral ftates, to be az particular in enquiring whether candidates for offices are given to gambling, fwearing or debaucheries ; whether they hav ever given or receeved a challenge, or betrayed an inno- cent female ; az they are in enquiring whether they are men of abilities and integrity ; and would they, with imdeviating refolution, profcribe from their favor and their company, ev- ery man whoze karafter, in theze particulars, iz not unim- peechable, they would djminifli the number of vices, exclude fome wholly from fociety, banifh others from genteel company, and confine their contagion to the herd of mankind. But where iz the man of elevated rank, of great talents, of un- fhaken firmnefs, of heroic virtue, to begin the glorious refor- mation ? America m.ay now fufiiifii the man, but where fliall biz fuccelTor be found >. * See Vattels Law of Nations, b. f. ch. i'. 3^6 yf« A D D R E S S w of your partners affeclions, nor wil you be likely to know the valu of their virtues. Having broken over the barriers of virtue, you are forever liable to ftray j and the probability iz, you deftroy the happinefs of your wives, and the peece of your families. Perhaps with fome art, and the forgiving temper of your wives, you may conceel the family difcord, and the wretched ftate of your minds, from a cenforious world ; pride, reputation, every motiv would urge you to this pre- caution ; l3Ut iz not this a poor fubftitute for happi- nefs ? A poor confolation for the multiplied evils that follow, in an endlefs train, from the unreezonable and criminal indulgences of a few yeers ? You may be af- fured alfo that a woman of good principles cannot feel a pure fatisfaftion, in the company even of a reformed hufband, when ftie rcfle£ls, az fhe frequently wil, that lie haz wafted hiz helth and fubftance upon the vileH: of her fox. My yung frends, it iz idle, it iz weeknefs and folly to exped any kind of happinefs or plezurc, which fhal indemnify you for the trubble of feeking ir, except in the purfuance of the principles which moral- ity prefer! bes. Whenever you purfu an objeft, at the expenfe of any moral principle ; when the attainment of your end murt injure the perfon, the property, the reputation or the feelings of one child of Adam, the acquifition of that objed wil not giv you happinefs ; you are purfuing a fantom. This leeds me to fay fomething on one of the moft hanous crimes a man can commit, and which the laws of fociety cannot or at leeft do not punifti ; that iz, feduf^ion. Fadiion, which iz often founded on moral propriety, and oftener on political convenience, iz fometimes an enemy to both ; and public opinion, enlifted in the cauze of vice, iz a greater fcurge to fociety than war or peftilence. It iz one of the evils, or rather of the curfes of civilization, that certain crimes, az malignant in their nature, and az fatal in their confequenees, az murder and robbery, becume fafliionable, and to a cer- tain degree, reputable. Of this kind, iz deliberate fe- dudtion. It iz az malignant in its nature az murder, for YUNG GENTLEMAN. ^9^ for it Iz accompanied with the fame aggravation, mal- ice prepenfe, or a premeditated defign : It iz az fatal to fociety ; for reputation iz az deer az life ; and the wretched vid^ims of deception, if they lay violent hands on themfelves, or linger out a life of difgrace, are equal- ly murdered, equally loft to fociety. And the only reczon why the feducer and the murderer hav not been placed on a footing by the laws of fociety, muft be, the difficulty of proof, or of afcertaining the degrees of gilt, where there iz a poffibility or a prefumtion of aflent on the part of the woman. There are however certain inftances of this crime which are az capable of proof az, arfon, burglary or murder ; and why the laws of a ftate, which prohibit under fevere penalties, the taking or giving more than lix per cent, intereft on the loan of money, even on the faireft contrail, fhould yet permit the feducer to take another's reputation, to doom to indelible infamy the helplefs female, whoze reputation iz all her portion, iz one of thoze problems in fociety, which the philofo- pher wil impute to human imperfeflion, and the Krift- ian number among the infcrutable myfteries of provi- dence. But I am not addreffing legiflators ; I am reezoning with individuals. Waving the bafenefs of the crime, let us attend to its confequences in families and focie- ty. You wil doutlefs acknowlege, for I do not fee how you can deny, that when you deliberately commit a crime that afFeds your nabor, you explicitly admit that your nabor haz an equal right to commit the fame crime againft yourfelves ; for 1 prefume no man wil arrogate to himfelf an exclufiv privilege of being a vil- lan. You attempt then to feduce the wife, the fifter, or the dawter of your frcnd ; but hav you none of theze relations ? Hav you not a wife, a lifter, a dawter, whoze reputation iz deer to you ; whoze honor you would die to defend ? You hav attacked the honor of your nabor ; haz he not the fame right to affail your family, in the fame delicate point ? But if jpu hav none of theze jg8 Ja ADDRESS i^f theze neer connexions, hav you no female frend whoze reputatation iz deer to you ? Now by attempting the honor of any woman, ^ou wage war with the whole human race ; you break down the barriers which na- ture and fociety hav eflablifhcd to gard )our own fam- ily and fiends, and leev tb^ir honor and happinefs, and confequently your own, expozed to the intreegs of ev- ery unprincipled retch ; You even invite an attempt upon your family and frends ; you beet a challenge, and bid chsfiance to any man who haz the fpirit to re- venge the rongs of the helplefs. Theze are ferious confiderations, in which men of principle and of nb principle are equally interefted ; for an abandoned rake iz ufually az fond of hiz own and hiz family's honor, az the man of the chafteft life. Mingle with your fuperiors in age and wizdom, whenever you can do it with propriety. If your pa- rents are wize, they wil affociate with you az much az pofiible in your amufements ; they wil be cheerful and facetious, and thus make you az happy az you wiflito be at home. A morofe crabbed old man iz not inviting company for the yung and fprightly ; and you ought rather to fliun the illnatured, if polTible. But when- ever your parents are of a cheerful difpozition, and luv their children, they make the moft agreeable and moft yfeful companions. They wil find amufements for you at home, and you wil be happier there than any where elfe. If your parents are thus difpozed to make themfelves your principal companions, always indulge their inclination. You wil thus avoid the contagion of vicious company, you wil form a habit of content- ment and fatisfaclion at home ; and remember, if you do not find happinefs there, you wil never find much fatisfadion abroad. In choofing fociety however, be careful not to pufll yourfelf into company. Yung men are often impa- tient of the rertraints which modelly and decorum im- poze upon them. They are anxious to afibciate with thozc of greater age and rank than themfelves ; and €xpe£l more notis tlian mankind in general fuppoze they YUNG GENTLEMEN. 399 they dezerv. This proceeds from the ambition and fire of youth ; the motivs I beleev to be often innocent and laudable ; the ambition therefore Ihould be guv- erned, rather than reprefled. A little experience wil didate patience and a modefi: deportment, which, with yeers and information, wil always enfure refpet^ability. I once knew a man of twenty two chagrined even to petulence, becauze he could not be admitted a truftee of a college. I waz furprized at hiz fevere remarks On the venerable body of gentlemen who rejeded him. He thought himfelf a man of more fcience than fome of the corporation ; and tlierefore better qualified to direfl a literary inftitution. Admit the fad, that he excelled in fcientific attainments, yet the vexation he felt at hiz difappointment waz proof enough that he waz deftitute of the firft requifits in the overfeers of yuth, coolncfs and judgement. In the world, avoid every fpecies of affeflation, and be az fafhionable az convenience wil warrant. Yet never be the firft to invent novelty, nor run to excefs in imita- tion. This advice, to be faJJjionable^ ihould however be qualified, and reftrained to things indifferent, in point of morality. Az the moral karadler of men does not depend on the fhape of their garments, it iz generally bed to wear our clothes in the model that fafhion pre- fcribes ; unlefs your circumftances forbid, or the fafliion itfelf iz inconvenient : For if you are not able to af- ford the expenfe, it iz criminal in you to follow the cuftoms of the welthy ; and if the (hape of a garment makes it uneezy upon you or cumberfome, the fafhion iz ridiculous, and none but week peepie, the common coxcombs and butterflies of the world, wil adopt it. For thisreezon follow lord Chefterfield's maxims with great caution. His letters contain a ftrange compound of the be/i and worji inftrudions ever given to a yung man ; indeed it Afrould be expeded of a rnan, whoze object waz not to make hiz fon goodj but to make hiin Jhowy. Hiz lordfhip, I think, recommends to hiz fon to wear hng nails ; in confequence of which advice, long nails are /{.CO ^n ADDRESS id are very falhionable wherever hiz letters are red. B\it a man ought to be confiftent. Why did he not at the fame time recommend long beards ? Both are very proper among favages, who hav no ideas of neetnefs ; and one would think, they fliould always go together ; but among civilized peeple, both are equally flovenly. Hiz lordlhip glvs an excellent reezon for hiz advice ; that mekanics pare their nails, and gentlemen ought to be diftinguifhed from laborers. Why did not he add, that az mekanics walk on two feet, gentlemen, for fake of diftindion, ought to walk on all fours ? But hiz lordfhip had better reezons for hiz advice. Long nails are a moft commodious fubftitute, or at leeft furnifh a reddy alleviation of the evils arizing from a fparing ufe of ivory. Befides, hiz lordfhip waz a courtier, fond of royal examples, &c. He found a princely one in the AiTyrian monark, who, when he waz a beeft, wore hiz nails in the fame manner. Nebuchadnezzer however waz under the diredion of a divine impulfe ; an au- thority that hiz lordfhip could not claim for all hiz in- jun6tions and maxims. Never let fafliion blind you to convenience and con- gruity. Do not introduce foreign cuftoms, without reezon, or by the halves. The French feed themfelves with forks, uzing knives merely to cut their meet ; therefore knives with fliarp points, are for them the moft convenient. But it iz really laughable to fee the A- mericans adopting the ufe of fharp pointed knivesj without the practice of feeding themfelves with forks. They do not fee the particular convenience of the cuf- tom in France, where it originated ; but it iz thefajlnon io uze thejn^ and this iz all they think of. They are however well punifhed for their fervile apifhnefs, efpec- ially when they are hungry ; for a man may az wel feed himfelf with a bodkin, az with a knife of the prefent fafhion. Be equally careful of affe£lation in the ufe of lan- guage. Uze words that are moft common and gener- ally underftood. Remember that fublimity and ele- gance do not confift principally in words i az, the mod- ern VuNd GENTLEli^EN. 401 cm ftile of writing would make us bcloev. Sublimity Confifls in grand and elevated ideas ; and elegance iz moll generally found in a plain; neet, chafte phrafeolo- gy. In pronunciation be very cautious of imitating the ftage, where indeed nature JJ)ould be reprefented^ bat where in fadl we find too much ftrutting^ mouthing, rant, and evefy kind of afFecElation. The modern pro- nunciation of our language on the Englilh ftage iz, beyond mezure, affeded and ridiculous. The change of /, dzndf into c/6, j and/), in fuch words az na^ ture, educat'miy fuperjiition^ originated in the theatrical mouthing of words ; and iz, in language, what the ftage-ftrut iz in walking. The pradtice haz indeed fpred froni the ftage among our polite fpeekers, who hav adopted it, az peeple do other fafhions, without knowing why. Were it a matter of indifference, like the (hape of a hat, I would recommend it to your imi* ration ; but 1 hav cleerly prooved in another place,* that the pradlice iz not vindicable on any good princi- ples ; that on the contrary, it materially injures the language, both in orthography and the melody of fpeeking. There iz fuch a thing az tru and falfe tafte, and the' latter az often direds fafhion, az the former. The nachure and edjucatiok of modern times are to pu- rity of language, what red fethers and yellow ribbons are to elegance in drefs ; and could the pradice be rep- fefented with a pencil, it would be az boldly caricatur- ed, az the normous hed-drefles of 1774. Do not adopt fuch phrafes az averje from^ agreeably to, going pa/i, and other modern alterations of the ufual idiom J for they are grofs violations of the principles of the language, az might be eezily prooved, were this the place. If you are a lawyer, do not confound fuch terras, az, witnefs^ tejilmony and evidence^ calling a wit » nefsy an evidence, Witnefs iz the perfon teftifying ; tef. timony iz what he declares in court j and evidence iz the effeft of that teftimony in producing convidion. Do not confound fuch words az, genius and capacity, or fenfe, lerning and knowlege. Genius iz the power of /«- vention i * See my Diflcrtations on the Englilh Language, 4. C c 402 j^n A D D R E S ^ to vention ; capacity^ the power of receeving ideas. Senfe iz the faculty of perception ; lerning iz what \t obtained in bc:)ks ; knowUge iz what iz acquired by obfervation. Attach yourfelves to bizzinefs in the erly part of life. Shun idle diffipated karaflers az you would the plague. Liiflen to nature ind reezon, and draW juft ideas of things from theze pure fources ; othervvizG you wil imbibe fadilonahle fentbncnts^ than which a more fatal evil cannot happen to you. Yoii wil often heer biz- zinefs condemned ^z drudgery and difgrace. Defpize the fenriment. Nature fpeeks a different language. Nature tells you, " that fhc haz given you bodies, which require conftartt exercize ; that labor or fome othet exercize iz eflential to helth ; that employment i?; nec- elTary to peece of mind ; and induftry iz the meens of acquiring property." Nature then haz rendered bizzi^ nejs neceflary to helth and happii\efs^ az we] az to inter eji ; and when men riegledl her dictates, they are ufually punifhed with poverty, difeeze and retchednefs. ' It fometimes happens that aman's anceftdrs hav accu- mulated fuch an eftate, that he iz wel fecured from poverty ; but the very eftate he poflefles, iz the meens of entailing upon him difeeze and all its confequential evils : For a rich man iz ftrongly tempted to be lazy ; and indolence, by debilitating the animal fyftem, de- ftroys the power of enjoymerfr. Befides, a man of eezy circumftahces iz very ^pt to looze the virtu of felf de- nial ; he indulges hiz appetite too freely \ be becume^ an epicure in eering, and perhaps a bakkanalian ; he iz^ then a ilave of the worft kind, a Have to hiz own de- fires, and- hiz 'faithful fcryic^s to himfelf are revvarded with the gotrt; ■ ' ■ \;'--'-' -- y ' ; './ , -^,.. |'„;,' In addition to thi^Vbe'ftiay fquandei* away hlS eflfate'i and then he iz poor indeed ! For a man who fz bred^ in affluence, fcldom haz the refolution or the knowlfege requiUt to repair a broken fortune. The way, to keep an e/iate^ iz to lem in youth how to acquire oMe j " ahd the way to enjoj an eftate, iz to be conftahtly in fome bizT-inefs which (hal find employment for the faculties - of ihc mind. Idlenefs and plezure fateeg az foon az .::;;j-^. .;, ' bizzineft ^ VUNG GENTLEMEN. 403 blzzinefs ; and' indeed when bizzinefs haz becume habitual, it iz the firfl: of plezures. In forming a matrimonial conne£lion, bridle fanc/j and reduce it to the control of reezon. You wil per- haps be in luv at fixteen ; but remember, you cannot rely on the continuance of the paflion. At this erly period of life, a man's paflions are too violent to laft ; he iz in raptures and ecftacy ; but raptures and ecjlacj pever continu thro life. While a man talks of rap- tures and paradife on erth, lie iz not jfit to be married ; for hiz paflion, or rather hiz frenzy, warps hiz judge- ment i he iz az unqualified to form a juft eftimate of a woman's karader, az a blind man to judge of colorsi The probability iz, in all fuch cafes, that a man wil make a bad choice ; at leeft the chances are ten to one ggainft him. Before a man marries, he Ihould liv long enuf to experience the fallacy of hope, and to moderate hiz expectations down to real life. He wil then meet with fewer difappointments, and be better prepared to realize the happinefs that iz within hiz power. p If you feel a violent paffion for a young lady, the chance iz that the firft opportunity you hav, you, wil difcloze it, and affure her you are dying for her. Should paffion hurry you to fuch a declaration, before you hav njuch acquaintance with her, and before you hav, by your attentions, made fome favorable impreflions on her hart, you may be fure of a repulfe ; for your fu^- den profeffions frighten the lady, and ladies are never frightened into luv. A widow wil fomefimes furren- der to the moft unexpeded attack ; but yung coy maidens are to betaken only by gradual approaches. To enfure fuccefs, take the advjce of a very fenfible woman ; . " firft be the frend, and then, the luver." Be polite and attentiv ; lliow yourfelf a particular fr^nd> for ladies are not alarmedat profeffions of efteem ;.be neether bafhful, nor difcuver uncommon folicitude j and the, lady's hart wil probably be ypurs; before ilie knows it. • ' . ■ . , .- Do you afk, how you dial diffiuver the tru karade^ of.a.woman, fo az not to be deceeved ? I anfwer, this C c a nnuft: 404 ^;: A D D R E S S /* moft depend moftly on obzervations of your own, ot of thoze that are more acquainted with the fex than yourfelf. The virtues of good nature, delicacyymodeft rezervednefs, prudence, 5:c. are difcuverableonly- by confiderable acquaintance. I would however advize you to be cautious of connefling yourfelves with the following karafters : Firft, wimen who bav been ac- cu!lort>eQ to indulge familiarities, even in company, fuph 3z kiifing, playing with their hands, and the like. Secondly, thoze who wil never be feen in the morning ; for if a lady runs out of a room, and avoids you in a morning drefs, the fufpicion iz that fhe iz a nut, anvhen this fountain iz pure, the words and atftions that flow from it, wii be chafte and delicate. Yung, mifles therefore Ihould be remooved az far az poffible from all company that can taint their minds, or accuilom them to indecency of any kind. Their nurfes, their companions, their teechers, fliould be fele<51ed from pceple of at leell uncorrupted morals and amiable man- ners. But a more advanced ftage of life, the time when yung ladies enter into fociety, iz, with refpedl to their future reputation, a period extremely critical. Little, my deer friends, do you rePie£l, how important iz the man- ner in which you enter into life. Prudery and coquet- ry are extremes equally to be fhunned, becauze both are equally difagreeable to our fex, and fatal to your reputations. It haz been faid that coquetts often looze their reputation, while they retain their virtu ; and that prudes often prezerve their reputation, after they hav loft their virtu. I would only add this remark, that coquetts are generally^ but prudes ahnojl alvuays fufpeiSt- ed ; and fufpicion iz az fatal to a female karacfer, az a crime. Iz this unjuft ? Coquetry and prudery are both afiectation ; every fpecies of affeciation dezerves pun- ilhment ; and when perfjns relinquiih their own nat- ural karaclers for tXyo^Q which are borrov^ed, iz it un- juft to fufpedl their motjvs, a?i 3 punifhment for t^ic offence ? You are taught to fufpecl the tuan who flatters you. But your good fen fe wilyery eezily diftinguilh between ^xprelTions of mere civility and declarations of real ef- tcem. In general one rule holds, that tlie man who vi. jDoft layifh in declarations ofefteem and admiration, !uvs and admires you the leeft. A profufion of flattery j^, real ground for fufpicion. Reel efteem iz evinced by 4o8 yf« A D D R E S S to by a uniform couiTe of polite refpeftful behaviour- This iz a proof on which you may depend ; it iz a flattery the moft grateful to a lady of underftanding, becaufe it muft proceed from a real refpe£l for her kar- a6lerand virtues. Permit me here to fuggeft: one caution. You arc told that unmeening flattery iz an infult to your un- derftandings, at)d fometimes you are apt to refent it. This fhould be done with great prudence. Precipitate refentment iz dangerous ; it may not be dezerved at the time ; it may make you an enemy ; it may giv un- .cezinefs to a frend ; it may giv your own harts pain ; it may injure you by creating a fufpicion that it iz all af- fevStation. The common place civilities of dangling beaux m^y be very trifling and difagreeable, but can rarely amount to an infuir, or dezerve more than indif- ference and neglecl. Refentment of fuch trifles can hardly be a marj^of tru dignity of foul. At this period of life, let the prime e?:cellence of your karaders, delicacy^ be difcuvered in all your words and actions. Perm.it me, az one acquainted at leeft with the fentiments of my own fcx, to aflure ,'you, that a man never refpetfts a woman, who does not refpeil herfelf. The moment a woman fufi^ers to fall from her tung, any exprefllons that indicate the leeft indel- icacy of mind ; the moment (he ceefes to blufh at fuc!^ cxprefiions from our fex, flie ceefes to be refpe<5ted ; becauze az a ladv, file iz no longer refpec^able. What- ever familiarity of convcrfation may be vindicable or pardonable in ether fex alone, there iz, in mixed com- panies, a facred decorum that fhould not be violated by one rude idea. And however difpozed the ladies may be to overlook fmall tranfgrefllons in our fex, yet unfor- giving man cannot eezily forget the offences of yours, efpecially when thoze ofi'ences difcuver a want of al| that renders you lovely. If your words are to be fo ftn<^'y watched, how much more attention iz neceflary to render your con- duii unexceptionable. You charge our fex, with being the feducers, the betrayers of yours. Admit the charge to ^ YUNG LADIES. 40^ to be partially tru, yet let us be candid. Az profligate az many of our fex are acknowleged to be, it iz but Juf- tice to fay, that very few are fo abandoned az to attempt deliberately the fedudion of an artlefs and innocent lady, who fhows, by her conducl, that (he iz confciou$ of the worth of her reputation, and that (he refpefls her own karafler. I hav rarely found a libertine who had impudence enuf to aflail virtue, that had not been expozed by fome improprieties of condudl. There i^ fomething fo commanding in virtu, that even villanS rcfpeifl her, and dare not approach her temples but irt the karacfler of her votaries. But when a woman h incautious, when fhe'iz reddy to fall into the arms of any r^art that approaches her, when fhe fuffers double entendres, indecent hints and converfation to flow from her lips in mixed companies, (he remooves the barriers of her reputation, (he difarms herfelf, and thoufands cpnfider themf^lves at liberty tc* commence an attack- When fo much depends on your principles and rep- utation ; when we expeft to derive all the happinefs of the married life from that fource, can it be a crime to wi(h fpr fome proof of your virtu before the in- diflbluble connexion i"^ formed ? Iz that virtu to be trufted which haz never been tempted ? Iz it abfurd to fay that an attack may be made even with honora- ble intentions ? Admit the abfurdity ; but fuch at- tempt? are often made, and may end in your ruin. The man may then be retched in hiz miftake becauze he iz difappointed in hiz opinion and expeftations. Be afl"ured, my frends, that even vile man cannot but ef- teem the woman who refpefts herfelf. We look to you, in a world of vice, for that delicacy of mind, thdt innocence of life, whjch render pa lovely and our/elves happy. Do yoi; wifh for admiration ? But admiration iz az tranfient az the blaze of a meteor. Ladies who hav the moft admirers, are often the lafl: to find valuable Partners. ^ Do 410 jfn A D D R E S S is Do you wi(h to be efteemed and luved? It izeezy to render ycurfelves efteemable and lovely. It iz only by retaining that foftnefs of manners, that obliging and delicate attention to every kara£ter, which, whether natural or acquired, are at fonie period of life, the prop- erty of almofl: every female. Beauty and money, without merit, will fometimes command eligible connexions ; but fuch connections do not anfwer the wifhes of our fiearts ; they do not render us happy. Lerning, or an acquaintance with books, niay he a very agreeable or a very difagreeable accomplifhment, in proportion to the difcretion of the lady who poflefles it. Properly em- ployed, it iz highly fatisfactory to the lady and her con- ne(5tions ; but 1 b^Ieey obzervation wil confirm my ^onjedur^, that a ftrong attachment to books in a lady, often deters a man from approaching her with the of- fer of hiz heart. This iz afcribed to the pride of our (ex. That the imputation iz always falfe, I wil not aver ; but I undertake to fay, that if pride iz the cauze, it iz fupported by the order of nature, One fex iz formed for the more hardy exercizes of the council, the field and the laborioijs emplo) ments of procuring fubfiftence. The other, for the fuperintend- ance of domeftic concerns, and for difiufing blifs thro fecial, life. When a woman quits her o'An depart- ment, fhe offends her hufband, not merely becauzg fhe obtrudes herfelf upon hiz bizzinefs, but becauze flic departs from that fphere which iz afTigned kerm th«^ order of fociety ; becauze fhe neglects her duty, and }eeves her own department vacant. The fame remark wil apply to the man who vifits the kitchen and gets the name of a betty. The fame principle which ex- cludes a man from an attention to domeflic bizzinefs, excludes a woman from law, mathematics and agron- omy. Eech fex feels a degree of pride in being bcft qualified for a particular ffation, and a degree of re- fcntnient when the other encroaches upon their privi-. Jege. This iz acting conformably to the conftitution of fociety. A woman would not willingly marry a man who iz ftrongly inclined to pafs hiz time in feeing th(5 houfe Y U NO LADIES. 411 houfe and furniture in order, in fuperintending the cooks, or in working gauze and tiffany ; for (he would prediiSt, with Tome certainty, that he would neglect hiz proper bizzinefs. In the fame manner, a man iz cau- tious of forming a connection with a woman, whoze prediledion for tlie fciences might take her attention from neceflary family concerns. Ladies however are not generally charged with a too 0rong attachment to books. It iz necelTary that tliey (houid be wel acquainted with every thing that refpeds life and manners j with a knowlege of the human hart and the graceful accomplifhments. The greateft mif- fortune iz, that your erly ftudiesare not always wel di- reded ; and you are perinhted to devour a thoufand volumes of fictitious nonfenfe, when a fmallcr number of books, at lefs trubble and expenfe, v^ould furniih you with more valuable trezures of knowlege. To be lovely then you muift be content to be wimen ; to be mild, focial and featimental ; to be acquainted \^ith all that belongs to your department, and ieeve the mafculiae virtues, and the profound refearches of ftudy, to the province of the other fex. That it may be neceflary, for political purpofes, to confider man az the fuperior in authority, iz to me probable. I queftion whether a different maxim would not deftroy your own happinefs. A man iz pleezed with the deference hiz wife fhows (or hiz opinions j he often loves her even for her want of information, when jt creates a kind of dependence upon hiz judgement. On the other hand, a woman always defpifes her hufband for hiz inferiority in un- derflanding and knowlege, and bludies at the figure he piakes in the company of men who pofTefs fuperior talents. Do not theze fatts juftify the order of focie- ty, and render fome difference in rank between the fex- es, neceflary to the happinefs of both ? But this fuperi- prity iz comparativ, and in fome mezure, mutual. In many things, the woman iz az much fuperior to her hufband, az lie iz to her, in any article of information. 'J'fiey depend on eech other, and the afTymption of any ' -ij) ■ ' ■ ' prerogativ 412 An ADDRESS is prerogativ or fuperiorlty in domeftic life, iz a proof that the union iz not perfefl: ; it iz a ftrong evidence the parties are not, or xv'il not be happy. Ladies are often ridiculed for their loquacioufnefs. But ridicule iz not the worft punifhment of this fault. However witty, fprightly and fentimental your conver- fation may be, depend on it, az a maxim that holds- without exception, that the perfon who talks inceflant- ly, vvil loon ceefe to be refpeiled. From congrefs to private families, the remark iz tru, that a man or wom- an who talks much, loozes all influence. To your fex, talkativnefs iz very injurious j for a man wii hardly ever chooze a noizy loquacious woman for hiz com- panion. A delicate rezerv iz a becuming, a command- ing chara6teriftic of an amiable woman ; the want of which no brilliant accomplifliments wil fupply. A want of ability to converfe, iz fcarcely fo much cen- fured, az a want of difcfetion to know when to fpeek and when to be filent. In the choice of hufbands, my fair reeders, what ihall I fay ? It haz been faid or infinuated, that you prefer men of inferior talents. This iz not tru. You are fenfible that a good addrefs and a refpe6^ful atten- tion, are the qualities which moft generally recommend to the efteem of both fexes. A philofopher, who iz abfent and ftupid, wil not pleafe az a companion ; but of two perfons equal in otlier refpefts, the man oi fu- perior talents iz.your choice. If my obzervations hav hot deceeved me, you pride yourfelves in being con- ne^fted with men of eminence. I mention this to con- tradifl the opinion maintained in the Lounger, that la- dies giv a fort of preference to men of inferior talents. The opinion wants extenfion and qualification ; it ex- tends to both fexes, when tru, but iz never tru, except when men of talents are deftitute of focial accomplifh- ments. Money iz the great obje£l of defire with both fexes ; but how few obtain it by marriage ? With refpecft td our fex, I confefs, it iz not much to a man's credit to feek a fortune without any exertions of hiz own ; but th« V U NX:^ LA DIES. 413 the ladles often make a capital miftake in the mecjis of obtaining their object. They afk, w/W /z a inau'sfor^ tuni? Whereas, if they are in purfuit of welth, folid permanent welth, they Ihould alk, h h€ a man of bi%%i- nefs P Of talents ? Of perfevering induflry ? Doei he know the ufe of money ? The difference in the two cafes iz this : The man of fortune, who haz not formed a habit of acquiring property, iz generally ignorant of the ufe of it. He not only fpends it, but he fpends it without fyftem or advantage, and often dies a poor man. But the man who knows how to acquire prop- erty, generally keeps hix expenditures within hiz in- come ; in exerting hiz talents to obtain^ he forms a habit of wzzVz^hiz property to advantage, and commonly en- joys life az we! in accumulating an eftate, az the man of fortune doe^.in diffipating one. My idea iz breefly this ; that the woman who marries a man of bizzi- nefs, with very little property, haz a better chance for a fortune in middle life and old age, than one who marries a rich man who livs in idlenefs. After all, ladies, it depends much on yourfelves to de- termin, whether your families fliall enjoy eezy clrcum- ftances. Any man may acquire fomething by hiz ap- plication ; but econ4>my^ the moft difficult article in con- duvfling domeftic concerns, iz the womans province. You fee with what franknefs and candor I tell you my opinions. This iz undoutedly the beft mode of condu6ting foclal intercourf€,^and particularly our in- tercourfe with the faireft part pftbe creation. I rite from feeling j: from obzervatibn j from expe- rience. The i^xts^ rWh'Ie rcech keep their proper fphere, cannot fail to r^derecch other focial and hap- py. But frail az yours iz commonly reprefented, you may not only boaft of a fuperior Ihare of virtu your- felves, but of garding and cherilhing ours. You hav not only an intereft in being good for your own fakes, hut fociety iz interefted in your goodnefs ; you polifh our manners, corred our vices, and infpire our harts with a love of virtue. Can a man who loves an amia- ble woman, abandon himfelf to vices which ihe ab- hors ? 414 ^//ADDRESS, ^c hors ? May your influence over our fex be increefed j not merely the influence of beauty and gay acconn- plifliinents, but the influence of your virtues, whoze dominion controls the evils, and multiplies the blelFings of fociety. The en D.