fe.s O K4Jl 
 Book_ ^ 
 
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 PX^ 
 

 A SKETCH 
 
 OF THE 
 
 INTERNAL CONDITION 
 
 OF THE 
 
 UNITES STATES OF AMERICA, 
 
 AND OF THEIR 
 
 tpolitfcal telatConi^ toiti^ fSuropr* 
 
A SlCETCH 
 
 OF THE 
 
 mTEHXTAL GSOXTDITIOIT 
 
 OF THE 
 
 ^i7!£>3f:i^ @i?i.f ig m LMim^Ai 
 
 AND OF THEIR 
 
 POLITICAL RELATIONS WITH EUROPE. 
 
 B7 A XtUSSIAXT. 
 
 fnAKBLATED FROM THE FREJfClJ, 
 BIT AN AMZSXIICAI?. 
 
 WITH NOTES. 
 
 Ualttmore: 
 
 PUBl^ISHEt) BY E. J. COALE. 
 
 B. EDES, PRINTER, 
 1826. 
 
 3- 
 
District of Maryland — to wit: 
 
 BE IT REMEMBERED, That on the third day of August, in the fiftieth year of the Inde- 
 pendence of the United States of America, Edward J. Coale, of the said District, hath deposited 
 in this office the title of a book, the right whereof he claims as proprietor, in the words follow- 
 ing, to wit: 
 
 "A Sketch of the Internal Condition of the United States of America, and of their Political Re- 
 lations with Europe. By A. Russian. Translated from the French, by an American; with notes." 
 
 In conformity with the Act of the Congress of the United States, entitled, "An Act for the en- 
 couragement of learning, by securing the copies of maps, charts and books, to authors and 
 proprietors of such copies during the times therein mentioned;' and also to the Act, enti- 
 tled, ''An Act Supplementary to the Act,entitled.'An Act for the encouragement of learning, by 
 securing the copies of maps, charts and books, to the authors and proprietors of such copies, 
 during the times therein mentioned,' and extending the benefits thereof to the arts of design^ 
 ing, engraving, and etching, historical, and other prints." 
 
 ^ *' ^' PHILIP MOORE, 
 
 Clerk of the District of Maryland. 
 
PUBIiISHER'S PREFACS. 
 
 A COPY of the following volume was re- 
 ceived, by the publisher, directly from the au- 
 thor. It was immediately translated from the 
 French, in which it was originally written, that 
 it might be. offered without delay to the Ameri- 
 can public. The rapidity with which this was 
 executed, will be an apology for any inaccura- 
 cies that may be discovered. The notes are 
 meant for a further illustration of the distinguish- 
 ed author's opinions, and an explanation of such 
 as may, from the change of circumstances, seem 
 to be erroneous. His mistakes are so few and 
 slight, that it would be scarcely necessary to no- 
 tice them, if we did not suppose, from the dis- 
 tinguished author's impartiality and information, 
 that such corrections would give him pleasure. 
 Many alterations, both in our condition and poli- 
 cy, have ensued since the work was written. 
 
publisher's preface. 
 
 which we find from the date of the authar's pre- 
 face (accidentally omitted in the translation,) to 
 have been at Washington, in February, 1823. 
 The acquaintance with our laws, manners and 
 customs, which he displays in the following 
 sketch, and the equal justice with which he 
 notes our merits and our faults, will do him honor 
 with the liberal and honest. In his praise he is 
 never indiscriminate, in his censure never harsh 
 or fretful: and his profound acquaintance with 
 our country, and due appreciation of our institu- 
 tions, must surprise us in a man, born and bred 
 under others so entirely dissimilar. 
 
CONTBNTS. 
 
 First Section. 
 general Considerations. page 5 
 
 Second Section. 
 
 Chap. 1. Extent of Territory, - - - . 19 
 
 Chap. 2. Population, 22 
 
 Chap. 3. The American Confederation, - - 36 
 
 Chap. 4. The Federal Government, _ - _ 43 
 
 Chap. 6. The Army, ------ 52 
 
 Chap. 6. The Navy, 66 
 
 Chap. 7. Finances, 60 
 
 Chap. 8. The Political Relations of the United States with 
 
 Europe, 69 
 
 Third Section. 
 
 Chap. 1. Administration of Justice, - - - 73 
 
 Chap. 2. Penitentiaries. 93 
 
 Fourth Section. 
 
 State of Society, - - - - - - -103 
 
 Appendix, containing notes. ----- 139 
 
PREFACE. 
 
 The materials of this work were originally 
 collected during my first residence in the Unit- 
 ed States of America, in the years 1810, 1811, 
 and 1812. On my return to Europe in the last 
 mentioned year, I had not leisure to commit 
 them to writing, being too much engaged in the 
 memorable events which caused the destruction 
 of the French Army in Russia; events, which, 
 to use such an expression, duty required me to 
 follow, and which in fact I did follow, until the 
 dissolution of the Congress of Aix de la Chap- 
 elle about the end of the year 1818. 
 
 A second residence of three years in the Unit- 
 ed States, whither I returned in 1819, gave me 
 an opportunity of correcting and developing the 
 views I had previously taken of that country; 
 and the extensive excursions I made into the in- 
 terior, were with that object alone. 
 1 
 
11 
 
 Comparing then my first impressions with the 
 result of my subsequent observations, I found 
 but little difficulty in discovering the imperfect- 
 ness of my former labour; for during the inter- 
 val of seven years w^hich had elapsed between 
 my two visits to the United States, the changes, 
 or to speak more accurately, the improvements 
 in all the departments of domestic economy, 
 surpassed the most sanguine calculations of po- 
 litical prophecy. Wretched villages, which I 
 had left in the midst of impenetrable forests, 
 had assumed the appearance of flourishing towns. 
 Cultivated fields had taken the place of heaths, 
 which not long before seemed impassible, and 
 over ground, which could scarcely be traversed 
 in country wagons, mail sAges were to be seen 
 whirling along w^ith the greatest rapidity. Such 
 changes are particularly remarkable in the 
 western part of the State of New York. 
 
 A metamorphosis so sudden and striking, con- 
 vinced me of the uselessness of sw^elling out this 
 work with details purely statistical: for as long 
 as the United States continues to offer so great a 
 disproportion between the number of its inha- 
 bitants and the extent of its territory; and the 
 
Ill 
 
 astonishing fertility of the soil in many sections 
 of the country, to repay liberally the labour of 
 the cultivator; it is certain that its statistics 
 will always in their details, be liable to impor- 
 tant alterations. It will therefore be difficult for 
 an exact and scrupulous observer to give a satis- 
 factory view of a country, subject at every mo- 
 ment to changes more or less obvious. 
 
 I think it therefore proper to apprise my read- 
 ers, if this work should be fortunate enough to 
 have them, that they will not find in it, statistical 
 details sufficiently copious to affi3rd a complete 
 view of the actual physical resources of the 
 United States. They will likewise, vainly seek 
 for private anecdotes in which loungers so much 
 delight. 
 
 In this view of the political and social condition 
 of the United States, the reader will find noth- 
 ing but facts, which, being permanent in them- 
 selves, will, for a long time to come, appear still 
 the same to the most superficial observer. 
 
A SKETCH 
 
 OP THE 
 
 iMTsmiTAm ©©irmraa^M 
 
 OF THE 
 
 UNITED STATES OF AMERICA. 
 
 FIRST SECTION. 
 GENERAL CONSIDERATIONS. 
 
 From the irrevocable recognition of the polit- 
 ical independence of the United States of Amer- 
 ica, by the Treaty of Paris, of 1783, until to- 
 wards the present time, the world has seen them 
 prosper with a rapidity without example in the 
 history of the most civilized nations. 
 
 Natural and immutable causes, joined to others 
 entirely accidental and transient, have concurred 
 in producing the extraordinary developement of 
 industry, in a country so recently emancipated, 
 and so far from the great focus of civilization. 
 
6 
 
 Among the permanent causes, we must assign 
 the first rank to the geographical situation of the 
 United States, which gives them all the advanta- 
 ges of an insular position, in regard to external 
 security, without excluding those which result 
 from the possession of a territory immense in ex- 
 tent and susceptible of every species of culture. 
 To be perfectly secure in the peaceful enjoyment 
 of this vast and beautiful domain, the North 
 Americans never had nor have they now any 
 other but tribes of Indian hunters to contend 
 with, which daily and visibly diminish by the 
 necessary effects of their precarious and wander- 
 ing life. The great extent of fertile lands, and 
 the abundance of the means of subsistence in 
 the United States are the more favourable to 
 the population, as it is naturally active, la- 
 borious and enterprising. Thus have we seen 
 it double itself in the space of twenty years suc- 
 ceeding the war of their Independence. This 
 single fact in their statistical annals, has not since 
 been repeated. 
 
 To this principal cause of the so rapidly in- 
 creasing prosperity of the United States, we 
 $hould undoubtedly add the salutary influence 
 
of a government as imperceptible in its progress 
 as in its operations. Here, locality has again 
 been favourable to that country. The ab- 
 sence of all immediate neighbourhood that could 
 be dreaded, enables them to afford to their re- 
 publican institutions all the latitude w^hich the 
 opinions and prevailing habits of the people 
 could claim. Wisely judging that the existence 
 of a standing army would badly accord w^ith the 
 genius of a popular government, they have re- 
 duced it to a handful of men, so that they have 
 no cause to apprehend any serious inconven- 
 ience to the safety or tranquillity of the Ameri- 
 can Confederation. 
 
 Their civil and political lav\rs have been con- 
 ceived in a spirit eminently calculated to guard 
 individual liberty. Such must be the case in a 
 country, in which, since its first colonization, the 
 hatred of political or religious persecution has 
 been transmitted from age to age as a revered 
 tradition. 
 
 It is well known that the first colonists who 
 came to the United States, were men who had 
 abandoned their own country to seek refuge 
 from the civil troubles with which England was 
 
agitated about the middle of the seventeenth 
 century. Many of them fled from the reli- 
 gious persecution, to which the English protes- 
 tants were exposed during the reign of the Steu- 
 arts. These colonists were the first legislators 
 of the country. It is therefore natural that all 
 their ideas, all their solicitude should be directed 
 to the adoption of the most effectual measures 
 against arbitrary and religious intolerance. In 
 fact, among the first institutions and municipal 
 laws which governed the English Colonists of 
 Nojth America until their en[jancipation, we 
 find the most protecting spirit of liberty and 
 the most unlimited freedom of conscience. 
 The war of Independence, commonly called in 
 Europe the American War, effected but little 
 change in these matters, because the sole object 
 of that war was political Independence* and not 
 
 *The principal, and indeed the only cause of the differen- 
 ces between England and her colonies of North America, was 
 the right asserted by the British Parliament and Government 
 to tax the colonies without the consent of their local Legisla- 
 tures. It is only necessary to read the petitions which the col- 
 onists addressed to the King of England on that subject, and 
 the declaration of their Independence promulgated on the 4th 
 of July 1776, to be convinced that civil liberty had no agency 
 in causing that celebrated war, and that political rights alone 
 were the ground of hostilities. This assertion is confirmed by 
 Dr. Franklin in his memoirs. 
 
9 
 
 civil liberty, which the Anglo-Americans had en- 
 joyed in an equal degree with their English 
 brethren. 
 
 So true is this, that when the rupture took 
 place between the mother country and the col- 
 onies, some of the thirteen confederated states 
 retained their ancient constitutions granted by 
 the British Government; and what is still more 
 remarkable, these very states were considered 
 more democratical than the rest. It will be suffi- 
 cient to offer as an example the state of Connec- 
 ticut, which, until the year 1818, had not chang- 
 ed its original constitution under which polit- 
 ical power was delegated but for six months. 
 
 The state of Rhode Island to this very mo- 
 ment is governed by a constitution granted by 
 the Kings of England, (^pp. Note A,) 
 
 Yet however powerful may be the action of 
 these causes which we have mentioned, they 
 are not adequate to the explanation of the devel- 
 opement of the prodigious natural resources of 
 the United States of America. Accidental caus- 
 es have perhaps contributed more efficiently 
 than the former. At the epoch of the French 
 Revolution, the United States had just emerged 
 
 o. 
 
10 
 
 from numberless difficulties, against which they 
 had struggled in consequence of the deranged 
 condition of their finances which the sacrifices 
 incident to their war of Independence had render- 
 ed necessary; and by the inherent defects of a 
 confederated goverament, badly defined in its 
 powers, badly understood, and therefore badly 
 administered. 
 
 The Federal Constitution of 1788, which since 
 that period has governed, and still continues to 
 govern the Aiiierican confederation, without 
 prejudice to the rights of sovereignty, reserv^ed to 
 themselves respectively by the several states com- 
 posing the Union, being better adapted to the 
 wants of the country, looked to the most important 
 objects and marked out for the general govern- 
 ment, a safer course and a more regular action. 
 Under the ssgis of this government as defective 
 as it w^ould appear at the first glance, the United 
 States have presented themselves to the nations 
 of Europe to claim their part in the great com- 
 merce of the world and the navigation of its seas. 
 This participation w^ould have been inconsidera- 
 ble, taking into consideration the spareness of thc^ 
 population, the excessive dearness of every spe- 
 
11 
 
 €ies of workmanship, without the long and bloody 
 wars, of which the French Revolution w^as either 
 tl^e cause or the pretext. Seeing nothing to fear 
 from the eruptions of this political volcano, the 
 North Americans profited by the misfortunes of 
 Europe: and having by a series of favourable cir- 
 cumstances, become the only neutral nation of the 
 civilized world, they soon appropriated to them- 
 selves the universal coasting trade, concurrently 
 with the English, who ruled the seas, without 
 being able nevertheless to subdue the coasts, from 
 which they were constantly repulsed. Whether 
 the neutral commerce or the coasting trade prov- 
 ed most advantageous to the Americans, or to 
 the other nations with whom it was carried on^ 
 certain it is that the profits derived from it by 
 the former were so enormous, that after having 
 paid for all the consumptions of the United 
 States, in foreign merchandise, there still re- 
 mained enough to gratify the expensive taste of 
 arising luxuriousness and the no less costly re- 
 finements of fashionable life. 
 
 The violent measures against neutral naviga- 
 tion adopted at different periods, by the govern- 
 ments of France and England, diminished some- 
 
12 
 
 what the gains of the Americans by multiply- 
 ing the risks: but they could not suppress their 
 spirit of enterprise and speculation, because in 
 the event of success, their profits amply compen- 
 sated them for the hazard they were obliged to 
 encounter. 
 
 On the other hand, the war which took place 
 in Spain, opened to the Americans a certain and 
 lucrative market. During five or six years fol- 
 lowing the commencement of the year 1809, 
 the English, Spanish and Portuguese armies 
 were supplied with provisions exported from 
 the United States. The large profits they ob- 
 tained at Lisbon and Cadiz, by the sale of Amer- 
 ican flour, raised the price of that article to ten 
 and eleven dollars per barrel in all the maritime 
 cities of the United States. Mr. Pitkin, who 
 for a longtime was a representative from Connec- 
 ticut in the American Congress, and whose statis- 
 tics of the United States are held in high es- 
 teem for their accuracy, makes the American 
 flour exported to Spain and Portugal during the 
 
13 
 
 years 1812 and 1813 amount to the quantities 
 stated below.* 
 
 The influence of such high prices, kept up by 
 circumstances during several years, on all branch- 
 es of agriculture, or rather on the general in- 
 dustry of the United States, may be easily con- 
 ceived. Some statistical facts, drawn from the 
 most authentic sources, hereto annexed, will serve 
 to confirm our assertions. 
 
 Number of Inhabitants, 
 Value of Exports in dollars 
 Tonnage — tons, - - - - 
 Revenue in dollars, - - - 
 Expenditure do - - - - 
 Public Debt do - - - - 
 
 In 1791 
 
 3,921,326 
 
 19,012,041 
 
 602,146 
 
 4,771,342 
 
 3,797,436 
 
 ,75,169,974 
 
 In 1801 
 
 6,33 9,762 
 94,116,926 
 
 1,033,218 
 12,945,466 
 
 12,273,376 
 ,82,000,167 
 
 In 1811 
 
 7,239,903 
 61,316,833 
 
 1,232,602 
 14,422,634 
 13,692,604 
 47,856,070 
 
 This table is extracted from a work published 
 in 1818, in Philadelphia, under the title of. 
 Statistical Annals of the United States of Amer- 
 ica, founded on official documents, commencing 
 
 * To Spain; 
 
 Flour in barrels. 
 8,865. - - - 381,726. 
 74,409. - - - 431,101. 
 
 To Portugal. 
 
 - 33,591. - - 667,218. 
 
 - 214,126. . - - 542,399. 
 
 These exportations for the year 1813 alone were worth on the 
 spot, 11,213,447 dollars, and ought to have produced when sold 
 at Market at least 15,000,000 dollars,— (76,000,000 roubles in 
 Bank Notes.) 
 
 1812. 
 1813. 
 
 1812. 
 1813. 
 
14 
 
 on the 4th of March^ 1789, and ending on the 
 ^Oth o/dpril^ 1818. By Adam Seybert, M. 
 D. (Page 10.) (App. Note B.J 
 
 This prospei*ous state of things did not begin to 
 alter until the anti-commercial decrees of Napo- 
 leon, and the scarcely less unjust and iniquitous 
 British orders in Council were executed in all 
 their force, not only on the high seas, but even 
 on the coasts of the United States; and, if we 
 may use the expression, within the very glare of 
 the American light-houses. Nevertheless these 
 inconveniences were diminished by means of 
 licenses, which the French government then 
 publickly sold, and which were obtained as easily 
 in England, notwithstanding that government 
 managed the affair with more apparent modesty 
 and good faith. 
 
 The war declared by the American govern- 
 ment against England in 1812, in opposition to 
 its own judgment, and solely to gratify the clam- 
 orous demands of a powerful party actuated by 
 personal considerations, a war awkwardly con- 
 ducted by both parties, but which terminated so 
 fortunately for the United States, was the first 
 retrogressive step in their career of prosperity. 
 
i5 
 
 It is difficult to estimate the disastrous conse- 
 quences which the prolongation of it another 
 year, would have entailed on the finances, agri- 
 culture, commerce and navigation of the United 
 
 States. 
 
 The miraculous peace of Ghent, as the Amer- 
 icans themselves call it, re-produced an extraor- 
 dinary, although transient activity in the gene- 
 ral industry of the country, or rather revived 
 the extravagant spirit of speculation among the 
 inhabitants. But the pacification of Europe en- 
 tirely reversed the former order of things, whose 
 operation was so favourable to the Americans. 
 The changes which took place in Europe para- 
 lized all the efforts they made after the conclu- 
 sion of the Treaty of Ghent, to repossess them- 
 selves of the advantages they had so long enjoy- 
 ed in commerce and navigation. 
 
 When the great avenues to these two sources 
 of national wealth were opened to all the nations 
 of Europe, and when they hastened successively 
 to reclaim their share, that of the Americans di- 
 minished as rapidly as it had increased. Of the 
 truth of this assertion, facts extracted from offi- 
 
16 
 
 eiai documents published by the order of Con- 
 gress in 1821, will offer irrefragable proof.* 
 
 All the maritime cities of the United States 
 were glutted with European merchandise, 
 whilst a portion of the products of the soil, such 
 as corn and flour, for want of a market in Eu- 
 rope, rotted on their hands. In consequence of 
 the pacification this branch of commerce devolv- 
 ed on Russia, From her ports on the Black Sea, 
 Europe was supplied with provisions during the 
 calamitous years of 1816, and 1817; and it is 
 more than probable that Russia will, for a long 
 time, continue to furnish the south of Europe 
 with grain at least, for she can partially do so, 
 at a much cheaper rate than the United States. 
 
 The general distress which prevailed in the 
 United States as well as in Europe, brought 
 about by the too rapid transition from a long 
 
 *The annual products of the United States were in 
 
 1816 -36,306,022 dollars, 51 cents. 
 
 1816 27,484,100 dollars, 36 cents. 
 
 1817 17,524,775 dollars, 15 cents. 
 
 1818 21,828,451 dollars, 48 cents. 
 
 1819 -19,116,702 dollars. 
 
 1820 15,005,320 dollars. 
 
 , (Report of the Committee of ways and means, upon tht 
 
 svbject of the Revenue February 1821.) 
 
17 
 
 state of war to that of universal peace, was height- 
 ened by the multiplication of Banks and the 
 shameful abuses of which some were guilty in 
 the employment of thdr funds. 
 
 The disappearance of specie, the invariable 
 consequence of too great an emission of paper 
 money, the general distrust, the simultaneous 
 stagnation in all branches of industry, the de- 
 preciation of every species of property, the re- 
 duction of salaries, were all the bitter fruits of 
 unsuccessful and inordinate speculation,by which 
 it was attempted to replace commerce in its for- 
 mer prosperous condition. Having made enor- 
 mous fortunes during the space of about a quar- 
 ter of a century, either by the coasting trade or 
 by other commercial enterprizes, the inhabitants 
 of the United States persuaded themselves that 
 this state of things would last for ever; and when 
 the pacification of Europe restored commerce 
 to its natural channels, the thirst after gain and 
 the want of luxury had made too great progress, 
 not to cloud the councils of prudence in the 
 minds of the merchants. 
 
 Such is, even at this moment, the internal con- 
 dition of that country. A general depression is 
 3 
 
18 
 
 felt throughout the populous cities on the shores 
 of the atlantic, as well as in the rising towns on 
 the banks of the Ohio and Mississippi. Every 
 where is heard the complaint of the hardness of 
 the times, the depreciation of property, and the 
 low price of the produce of the soil. 
 
 But this state of suffering and depression can- 
 not be otherwise than temporary, since all the 
 natural means of prosperity which result from 
 local circumstances, such as the extent of territo- 
 ry, the richness and variety of its productions, the 
 advantages of geographical position, possessed 
 by the United States in an eminent degree,, re- 
 main untouched. When the effects of a sudden 
 transition from war to peace shall have ceased to 
 operate throughout all the countries of the civil- 
 ized world; when commerce and general indus- 
 try shall have found their natural level; the part 
 to be acted by the United States will be suffi- 
 ciently important to assure them a distinguished 
 rank among commercial nations, and to afford 
 every requisite encouragement to her domestic 
 agriculture. 
 
 Geographical and statistical details of the Unit- 
 ed States, will complete the sketch which we 
 have marked out for ourselves in this work. 
 
SBCONB SECTION. 
 
 CHAP. I. 
 
 EXTENT OF TERRITORY. 
 
 According to the maps made by American 
 geographers since the treaty of Washington of 
 the22d February, 1819, with Spain,* the ter- 
 ritory of the United States, lies between 25" 50" 
 and 49° 37" north latitude, and 10° east, and 48** 
 20' west longitude, by the meridian of Wash- 
 ington. 
 
 The greatest extent of territory from north to 
 south-east, is 1650 English miles; the greatest 
 breadth from east to west, 2,700. Its super- 
 ficies is computed to contain 2,379,350 square 
 miles, or 1,522,784,000 acres. 
 
 Anterior to the treaty of Washington of 1 809, 
 with Spain, the superficies of the territory of 
 
 *This treaty, although shortly after ratified by the Senate and 
 President of the United States, was not immediately approved 
 by the Court of Madrid. Nevertheless, the Americans flatter 
 themselves that it will ultimately be concluded; and it was 
 ^nder this belief and corresponding to its provisions, that the 
 last edition of the general map of the United States by Melish, 
 published in 1819, wg,s drawn. 
 
£0 
 
 the United States, as stated by Blodget, was 
 1,280,000,000 acres; but the authority of this 
 author has always been doubted, and his cal- 
 culations are evidently much exaggerated. By 
 Mr. Blodget's estimate, the quantity of cultivat- 
 ed lands in 1809, did not amount to more than 
 40,000,000 acres. 
 
 In 1783, the period of the recognition of the 
 Independence of the United States, their terri- 
 tory, according to Mr. Hutchins, formerly geo- 
 graphical engineer to the Government, is repre- 
 sented to have contained but 640,000,000 acres, 
 on a length of about 1250 English miles, and 
 a breadth of 1040. By this same authority, 
 51,000,000 acres were covered by rivers, lakes, 
 streams, Slc. 
 
 The United States have therefore acquired 
 triple the extent of their original territory, since 
 their political Independence. 
 
 A considerable portion of these acquisitions 
 was derived from the purchase of Louisiana, 
 which the Fi^ench Government, in consideration 
 of fifteen millions of dollars, transferred to them. 
 The limits of this province not having been as- 
 certained at the date of the sale, the American 
 
21 
 
 Government took advantage of the uncertainty, 
 and have since pushed their boundaries west- 
 w^ard as far as the Pacific Ocean. Previous to 
 the session of the Floridas, on the 22d Febru- 
 ary, 1819, their pretensions to the mouth of the 
 Columbia river, rested alone on that foundation. 
 
 It may also be asserted that a vast quantity of 
 land has been extorted from the Indians, either 
 by force or under the semblance of formal con- 
 tracts. This unfortunate race, the legitimate 
 ovrners of the whole soil, finding themselves 
 closer and closer hemmed in by the Americans, 
 either buried themselves in the depth of their 
 forests, abandoning their possessions without an 
 equivalent, or ceded them for a small fixed com- 
 pensation, which frequently consisted merely of 
 woollen clothing, fire arms, brandy, corn and 
 some trifling pecuniary annuity. 
 
 Throughout the whole topography of the 
 United States, you are struck by the breadth 
 and depth of the rivers even when they are of 
 no considerable length; hence the small eleva- 
 tion of the mountains, the loftiest of which is 
 not higher than one thousand to twelve hundred 
 feet above the level of the sea. 
 
22 
 
 CHAP. 11. 
 
 POPULATION 
 
 In this immense territory there are but frotn 
 nine to ten millions of inhabitants, exclusive of 
 the tribes of Indian hunters, whose number 
 could never be computed with any degree of ex- 
 actness. We only know that their tribes form 
 an inconsiderable part of the whole population 
 of the United States; and that they rapidly di- 
 minish by the natural effects of their course of 
 life.* According to the census of 1810, the 
 
 *The fourth census begun in 1820, but which was not com- 
 pleted until towards the end of the year 1821, states the en- 
 tire population of the United States at 9,637,999 persons of 
 different ages and complexions, distributed in the following 
 proportions: 
 
 States. 
 
 Inhabitants 
 
 Maine 
 
 298,335 
 
 New-Hampshire 
 
 - 244,161 
 
 Massachusetts 
 
 523,287 
 
 Rhode-Island 
 
 - 83,059 
 
 Connecticut 
 
 275,248 
 
 Vermont 
 
 - 235,764 
 
 New- York 
 
 - 1,372,812 
 
 New-Jersey - 
 
 - 277,575 
 
 Pennsylvania 
 
 - 1,049,451 
 
 Delaware 
 
 - 72,729 
 
23 
 
 total population of the United States, was calcu- 
 lated to be 7,239,903. We should not exagge- 
 rate in saying that, independently of the Indians^ 
 it amounts at this moment to 9,500,000 persons. 
 
 Maryland - 
 
 407,350 
 
 
 Virginia 
 
 - 1,665,366 
 
 
 North Carolina - 
 
 638,829 
 
 
 South Carolina 
 
 - 502,741 
 
 
 Georgia 
 
 340,980 
 
 
 Alabama 
 
 - 127,901 
 
 
 Mississippi 
 
 75,448 
 
 
 Louisiana 
 
 - 153,407 
 
 
 Tennessee 
 
 422,613 
 
 
 Kentucky - 
 
 664,307 
 
 
 Ohio 
 
 - 510,434 
 
 
 Indiana 
 
 147,178 
 
 
 Illinois - - . 
 
 - 55,211 
 
 
 Missouri 
 
 66,586 
 
 
 Michigan Territory - 
 
 8,896 
 
 
 Arkansaw - 
 
 14,246 
 
 
 District of Columbia 
 
 - 33,039 
 
 
 Grand Total. - 9,637,999 
 
 Of this total number, blacks, actual or emancipated slaves, 
 together with freeborn persons of colour, amount to two mil- 
 lions of persons. 
 In 1822, Slavery was sanctioned by the following states, 
 Maryland, 
 Virginia, 
 North Carohna, 
 South Carolina, 
 Georgia, 
 Alabama, 
 Mississippi, 
 
24 
 
 Of ail the statistics of the United States the 
 enumeration of its inhabitants aflfords to the ob- 
 server the most exact and at the same time the 
 most curit)us subject of enquiry. 
 
 Since the achievement of the American In- 
 dependence, the government has taken particu- 
 lar pains to obtain an accurate knowledge of the 
 population of the country. The practice of tak- 
 ing a census, first established in 1800, is repeat- 
 ed every 10 years, and the result of each esti- 
 mate, with all the details necessary to shed light 
 upon this important department of American 
 statistics, published by the order of Congress. 
 
 These official publications deserve the more 
 confidence, as the central government of the 
 United States have neither the means nor any 
 
 Louisiana, 
 
 Tennessee, 
 
 Kentucky,, 
 
 Missouri, 
 
 The Floridas, 
 
 Territory of Arkansaw, 
 
 The District of Columbia. 
 It is to be still found in the State of Delaware, New Jersey, 
 and even in Pennsylvania and New- York; but the laws of the 
 latter States have fixed a period for its entire abolition. 
 
 In all the other States of the Union, slavery is prohibited by 
 the laws. 
 
£5 
 
 interest in withholding from the public, a full 
 knowledge of the particulars of their internal 
 administration. 
 
 On their part, the citizens having no standing 
 army to support, and scarcely any direct taxes to 
 pay, have likewise no motive to induce them to 
 elude the enquiries of public officers charged 
 with the duty of enumerating the inhabitants of 
 the country. 
 
 The population of the United States is compos- 
 ed of three distinct species of persons. 
 
 1st. The aborigines or Indian hunters scatter- 
 ed over the Western States. These, as we have 
 before remarked, are inconsiderable in number 
 and visibly diminish. 
 
 2nd. The whites of European origin, who 
 form a great majority of the population of the 
 United States. 
 
 3d. The blacks in all the variety of complex- 
 ion of the African race. 
 
 It has already been stated, that according to the 
 
 last census of 1810, the population of the United 
 
 States amounted to 7,239,903 inhabitants. Of 
 
 this grand total, the whites constituted about six 
 
 4 
 
£6 
 
 millions. The black slaves, mulaltoes and free 
 negroes, make together 1,377,810 persons. 
 
 This population equally distributed over the 
 whole surface of the United States, v^^ould allow 
 about five and three-fourths of inhabitants to 
 each German square mile. 
 
 Ages will therefore elapse, before it will have 
 acquired a density proportionate to the extent of 
 tlie territory it is destined to occupy. 
 
 According to Dr. Seybert, the population is^ 
 divided among the different States in the Union 
 in the following ratio, agreeably to the Census 
 of 1810. 
 
state of New- York 
 
 — — Virginia - 
 
 — — — Pennsylvania 
 
 Massachusetts - - ' S" 
 
 ■^^ o 
 
 North Carolina - - ^\ ^ 
 South Carolina - - ^\ 
 
 !* 
 
 ' Kentuckj^ ----_'_. i^ 
 
 — Maryland - - - - ^'- p^ 
 
 * Georgia - - - - ^^ § 
 
 ■ New-Jersey - - - ^- ^ 
 
 Ohio ----- ^1^ ^ 
 
 ' — Connecticut - - - ^^ p 
 
 Tennessee " - - -3^? % 
 
 New Hampshire - ^\ ^ 
 
 — Vermont - - - - ^^ i 
 
 Rhode-Island - - - _?^ 
 
 Delaware - - - - ^^^ 
 
 By the same author we are informed, that 
 the free whites, from 1790 to 1800, increased 
 ■^^To% p. c. from 1800 to 1810, 35^?^?^ p. c; and 
 during twenty years, embracing these two peri- 
 ods, S5j%% p. c- 
 
 The numher of free blacks and mulattoes in- 
 -creased from 1790 to 1800, 185J^p. c.;from 
 
28 
 
 1800 to 1810, I697V0 p. c; and in twenty yeai^, 
 313/^Vp. c. 
 
 Doctor Seybert attributes this extraordinary 
 augmentation of the last mentioned species of 
 population, to the manumission of slaves by their 
 masters, and the desertion of the former, who, 
 when they once arrive in the northern states, are 
 considered as freemen. 
 
 The slave population increased from 1790 to 
 1800, '24j%\ p. c; from 1800 to 1810, 35 ^%\ 
 p. c; and during these twenty years, 79 Viro P- c. 
 
 The whole of the free and slave population in- 
 creased from 1790 to 1800, 35 ^Vo P- c.; from 
 1800 to 1810, 36-||o p. c; and during these 
 twenty years 84tVo P- c; (Seybert, page 24, 25.) 
 
 To extend further our researches on this head, 
 w^ould be an act of supererogation. The facts 
 which have already been quoted, are sufficient to 
 authorize the conclusion, that population in the 
 United States multiplies rapidly, and that it will 
 continue to do so in the same proportion, as long 
 as there are fertile and vacant lands in abund- 
 dance. 
 
 Whilst on this subject, it may not be useless to 
 remark, that after the census of 1 8 1 0, more than 
 
29 
 
 half the population of the United States, consist- 
 ed of persons above sixteen years of age; and be- 
 fore we take leave of it entirely, some general 
 observations respecting the black population may 
 not be irrevelant. 
 
 In every condition of civilized society, or where 
 it approaches civilizatidh, slavery, however ame- 
 liorated it may be by the operation of laws and 
 customs, is an absolute evil; because it is in the 
 nature of slavery, as in every other usurpation 
 of right or abuse of power, to retard civilization 
 by cramping the developement of the moral facul- 
 ties with which the Supreme Being has endow- 
 ed mankind. This evil assumes a character, dan- 
 gerous in another way, in a country, where ci- 
 vil liberty is incessantly invoked — where every 
 thing is done in its name and for its perpetuation. 
 
 Such is the case with the United States, where 
 blacks either actually in slavery or emancipated 
 from it, compose nearly the sixteenth part, if not 
 more, of the whole population. Hence the in- 
 convenience of slavery is the more serious, as na- 
 ture herself has placed an eternal barrier between 
 the two classes, which, in the United States, stand 
 towards each other in the relation of master and 
 
30 
 
 slave. The difference of colour and conformation 
 of face, oppose insurmountable obstacles to their 
 gradual emancipation. Nevertheless, it is going 
 on rapidly in the United States. By thecensus of 
 eighteen hundred and ten, the number of black and 
 free persons of colour was one hundred and eigh- 
 ty-six thousand four hunHred and forty-six. Yet 
 it is precisely this portion of the inhabitants that 
 must be regarded as the most troublesome and 
 dangerous. The reason is plain. Like their 
 brethren in slavery, the free blacks and mulat- 
 toes are not only exiled from the society of the 
 w^hites, but excluded from all participation of 
 power, by virtue of common usage; for the law 
 does not recognize any difference of colour, nor 
 does it establish any distinction, except that of 
 master and slave. Consequently it is very natu- 
 ral that the hostility existing between the free 
 blacks and the whites, should be more inveterate 
 than that of slaves towards their masters, the for- 
 mer being completely subjected to their controul; 
 for the free blacks knowing the delights and ad- 
 vantages of liberty, and living in the midst of free 
 men, must frequently experience those mortify- 
 ing and humiliating sensations that disdain and 
 contempt never fail to inspire. 
 
31 
 
 The inconvenience of such a population is 
 generally felt throughout the country. Nor is 
 it pretended to be concealed, that in the event of 
 an insurrection on the part of the slaves, they 
 w^ould look for leaders among the free blacks. 
 With a view to obviate this danger, laws have 
 been framed throughout all the United States, 
 where slavery subsists. In Virginia, especially, 
 a law is in force, by which all manumitted slaves 
 are compelled to quit the Commonwealth.* 
 
 The same policy has prevailed in the estab- 
 lishment of the American Society for the colo- 
 nization of free persons of colour. This so- 
 ciety was formed about two years ago, and 
 counts among its members the most distinguish- 
 ed citizens of the several States of the Union. 
 Its principal object is to get rid gradually of this 
 class of human beings, by colonizing them on 
 the Coast of Africa near the English colony of 
 
 *Precautions, suggested by the same fears, have been carried 
 even further in the State of Virginia. By legislative enactment 
 it is forbidden, under heavy fines, and even corporal punish- 
 ment, to teach black slaves to read or write. 
 
32 
 
 Sierra Leone. In January 1820, the first expe-- 
 dition of the colonists left the ports of the Uni- 
 ted States for the place of their destination.* 
 From all the calculations made concerning the 
 population of the United States, it appears that 
 the blacks increase in an equal proportion with 
 the whites. This single fact is enough to put 
 beyond doubt the good treatment which the 
 slaves in general receive, for man like all other 
 organized beings, does not multiply in a state of 
 constant suffering. Slaves being regarded in the 
 United States in the light of chattels, enjoy no 
 political rights. Nevertheless, by a kind of 
 anomaly which cannot fail to astonish at the 
 first glance, it is a fact, that these selfsame slaves 
 delegate that political power to others of which 
 they themselves are destitute. This enigma is 
 solved when we recollect that at the formation 
 of the Federal Constitution in 1787, it was 
 
 *Tlie unsuccessful termination of this first attempt at colo- 
 nization, under the auspices of the society, scarcely permits the 
 hope of a more fortunate result in future. Besides, the enter- 
 prise is gigantic, and the means at the disposition of the society, 
 extremely limited. It may be anticipated that the labours of 
 this association, (so respectable in itself) will turn out like 
 the cask of the Danaides. 
 
33 
 
 agreed between the southern and northern 
 States, that three fifths of the slaves in the for- 
 mer should be considered as so many freemen, 
 that is to say, that 500,000 negro slaves at this 
 moment residents of Virginia, should be rated 
 as 300,000 freemen. 
 
 In virtue of this compromise, the southern 
 States which tolerated slavery, have to this time, 
 exercised a preponderating influence in the con- 
 duct of national affairs. As a striking proof 
 of this truth, of the five Presidents chosen since 
 the adoption of the Constitution, four have been 
 from Virginia.* 
 
 From similar considerations, the question 
 arose whether slavery should be permitted to ex- 
 
 
 *THESE FIVE PRESIDENTS 
 
 ARE, 
 
 1st. 
 
 Genl. Washington, - - 
 
 Virginia. 
 
 2d. 
 
 Mr. 
 
 Adams, - - - - 
 
 Massachusetts. 
 
 3d. 
 
 Mr. 
 
 Jefferson, - - - 
 
 Virginia. 
 
 4th. 
 
 Mr. 
 
 Madison, - - - 
 
 Do. 
 
 5th. 
 
 Mr. 
 
 Monroe, - - - . 
 
 . Do. 
 
 It must be remarked that Mr. Adams was President only 
 during four years, whilst the rest (with the exception of the 
 officiating president,) were so during two terms fixed by the 
 constitution, or eight years. There is no doubt but that Mr. 
 Monroe, who has not yet finished his first term, will be re-elect» 
 ed for the second. 
 
34 
 
 ist or prohibited in the new State of Missou- 
 ri, so warmly debated during the present session 
 of Congress, derived its importance. It has just 
 been decided in favour of the toleration of sla- 
 very; and in this way is a predominating influ- 
 ence, for a considerable time to come, secured 
 to the States which allow it. 
 
 The population of the United States is distri- 
 buted among them in the following propor- 
 tions. 
 
 Number of Inhabitants to each square mile. 
 
 Connecticut . , . . 60 
 
 Massachusetts . . . .54 
 
 New-York . . . . 18 
 
 Pennsylvania . . . .16 
 
 " Virginia . . . .14 
 
 Louisiana, less than, . . 2 
 
 (^Melish's description of America.)'^ 
 
 These statements will show the disparity be- 
 tween the population of the United States and 
 its territorial dimensions. 
 
 Another observation may be proper in this 
 place: it is, that the black population, notwith- 
 
 *This distribution corresponds to the census of 1810. 
 
35 
 
 standing its number, so far from contributing in 
 any degree to the defence of the country, is ra- 
 ther a cause of weakness and alarm, than of 
 strength, security, and tranquillity. (See app. 
 note C) 
 
36 
 
 CHAP. III. 
 
 THE AMERICA J^ C0J^FEDEIU1TI0:N'. 
 
 The American confederation consists of twen- 
 ty-four states; which are, 
 
 1 New-Hampshire, 
 
 2 Maine, 
 
 3 Massachusetts, 
 
 4 Rhode Island, 
 
 5 Connecticut, 
 
 6 Vermont, 
 
 7 New- York, 
 
 8 Pennsylvania, 
 
 9 New-Jersey, 
 
 10 Delaware, 
 
 11 Maryland, 
 
 12 Virginia, 
 
 13 North Carolina, 
 
 14 South Carolina, 
 
 15 Georgia, 
 
 16 Kentucky, 
 
 17 Tennessee, 
 
 18 Ohio5 
 
37 
 
 19 Louisiana^ 
 ^ £0 Indiana, 
 
 21 Mississippi, 
 25 Illinois, 
 
 23 Alabama, 
 
 24 Missouri. 
 
 The states of Maine and Missouri were not 
 admitted into the Union, until the session of 
 Congress of 1821. 
 
 The following territories destined on a future 
 day, to enlarge the Union; when their popula- 
 tion shall have attained the requisite number 
 fixed by the constitution of the United States* 
 and shall be capable of supporting a local govern- 
 ment, like the rest of the States, are to be con- 
 sidered as dependencies of the American con- 
 federation. 
 
 1st. The Arkansaw Territory. 
 
 2d. North Western Territory. 
 
 *It is established by the Federal Constitution as a general 
 rule, that every territory belonging to the United States, shall 
 have the right of admission into the Union as a state, when 
 its population shall amount to sixty thousand persons. But 
 this admission into the Union, may be granted by Congress 
 l)y special favour, when the population of a territory has attain^ 
 6d but half the number required by the law. {App. JSiote C.) 
 
38 
 
 3d. Michigan Territory* 
 
 4th. District of Columbia. g| 
 
 The last enumerated, the District of Colum- 
 bia, subjected to the exclusive jurisdiction of 
 Congress, contains the City of Washington, the 
 metropolis of the Union, and the seat of the 
 Federal Government. 
 
 In all probability the number of the states 
 forming the Union, will ere long, be augmented 
 by the incorporation of East Florida, which will 
 complete the southern frontier of the United 
 States. 
 
 We should exceed the limits of this sketch, 
 by giving a succinct description of the different 
 states composing the American confederation. 
 Independent sovereignties, so far as concerns 
 their local interests, they are scarcely distinguish- 
 able from each other in the body politic which 
 they united constitute. 
 
 To convey a general but an accurate idea of 
 them, it is only necessary to state, that they are 
 so many republics erected on the principles of a 
 pure democracy. The differences observable in 
 their respective forms of government exists only 
 externally. They rest on a common foundation; 
 
39 
 
 every where the numerical majority influences 
 directly the choice of men and measures: every 
 where the executive power, very limited in its 
 attributes, is frequently renewed; every where 
 in fine, the people possess rights reserved to them- 
 selves which their legislators dare not touch. 
 These rights, having for their object individual 
 liberty and security, are like the laws of Moses, 
 placed on a tabernacle, which no profane hand 
 dares assail. Viewed at a distance, this constel- 
 lation of republics pleases the eye and satisfies 
 the mind; the principles on which they are bas- 
 ed, reflect honor upon humanity; the apparent 
 effects of these popular forms of government, 
 present the image of happiness and contentment; 
 but as soon as you examine them more closely, 
 you discover serious imperfections, and even ano- 
 malies. In watching over individual rights thus 
 tenderly, justice is rendered incompetent to the 
 suppression of many offences committed in the 
 daily transactions of life. Without being very 
 important in themselves, they nevertheless af- 
 fect public order and tranquillity; a well organ- 
 ized police, a thing incompatible with American 
 institutions, could easily, at least in a considera- 
 
40 
 
 ble degitie, have prevented their occurrence. In 
 guarding against the abuse of executive power, 
 they have made it incapable of fulfilling the ob- 
 ligations they have imposed upon it, whether it 
 concerns the conduct of the foreign relations of 
 the country, or those of the confederated states 
 ^among themselves. In their anxiety to restrict 
 the expenses of government, they have exclud- 
 ed from public employment men of education 
 and talents; for it is certain, and all those who 
 have sojourned any time in the United States 
 will concur in the opinion, that a seat in Con- 
 gress is little sought after by lawyers and phy- 
 sicians in possession of an extensive practice.* 
 
 This is not however the place to enter into a 
 critical examination of popular governments. 
 Like every other work of man, it bears the 
 stamp of imperfection. But if, as the author 
 believes, limited and constitutional monarchies 
 better guarantee individual safety and public 
 
 * These observations should be taken in a limited sense, that 
 is to say, as applicable to all democratical governments. To 
 prevent any misunderstanding on this point, the author does 
 not hesitate to declare it as his conviction, that a republican 
 government alone suits the United States in their present situ- 
 ation, and is the only one which could subsist in that country. 
 
41 
 
 tranquillity than democratical states; yet it is 
 certain, at least, that the latter are the most eco- 
 nomical form of government that can be adopt- 
 ed: and, whatever we may think of it in other 
 respects, this must be admitted to be% very im- 
 portant advantage in a country which meteor 
 like is just bursting from obscurity. 
 
 There prevails among the American people 
 an almost universal opinion, and which will not 
 be easily eradicated, that under the peculiar cir- 
 cumstances in which their country is placed, a 
 popular government is the best adapted to them. 
 They have known no other since its first co- 
 lonization, and the history of the United States 
 furnishes no single incident exhibiting the slight- 
 est tendency in the nation towards a change in 
 the existing form of government — a form which 
 recommends itself so powerfully to their fa- 
 vour by the smallness of the expenditure ne- 
 cessary for its maintenance. It is only when 
 the Americans represent their institutions as a 
 perfect creation of human wisdom, suscepti- 
 ble of application at all times and to all coun- 
 tries, that the extravagance of their republican 
 notions becomes manifest. For after all, the in- 
 6 
 
[2 
 
 stitutions of which they seem so proud, having 
 as yet stood the test of but forty years experi- 
 ence, cannot be regarded as having been submit- 
 ted to a conclusive experiment. They have yet 
 to pass thiDugh the ordeal of the immediate vi- 
 cinity of a great powder like that of Mexico^ 
 when this kingdom, after having entirely severed 
 its political ties with Spain shall be permanently 
 erected into an independent state, either in the 
 form of a constitutional monarchy, or an indivi- 
 sible republic. The first effect of this change 
 of character on the United States, would be to 
 create an absolute necessity for a considerable 
 increase of their regular army, and thereby of 
 the influence of the federal government. 
 
 Meanwhile we have already witnessed the 
 experiments of federated republics, constructed 
 on the model of the United States, among South 
 American colonies of Spain. As yet, these ex- 
 periments have produced but bitter fruits; and 
 it is still very doubtful whether they will ever 
 be productive of a better harvest, because the 
 elements of a democratical government do not 
 exist in those provinces, and are never created 
 by constitutions framed under the pressure of 
 sudden emergencies. 
 
43 
 
 CHAP. IV. 
 
 THE FEDERAL GOVERNMENT. 
 
 The general interests of the American Unionj 
 are entrusted to a central government establish- 
 ed in the city of Washington. It is proper to 
 have an idea of its structure, because all the re- 
 lations of the country v^ith foreign nations, fall 
 within the scope of its povrers. 
 
 The federal government, as vrell as the par- 
 ticular state governments, is composed of three 
 elementary parts, or, in other words, of three 
 distinct powers: that is to say, the executive, le- 
 gislative and judicial. 
 
 The executive power is confided to a Presi- 
 dent for the term of four years: although, ac- 
 cording to the constitution, he may be indefi- 
 nitely re-elected. Custom, which in free coun- 
 tries is frequently stronger than law, has deter- 
 mined that the President is re-eligible but once. 
 On the other hand, if it should happen that he 
 is not re-elected at the expiration of the first 
 
44 
 
 term, it is considered as a political dishonour. 
 This is the reason why the jftrst term of each 
 President is employed in securing re-election 
 through the agency of the friends he makes, by 
 flattering every popular sentiment which seems 
 to have any consistency. 
 
 Such liability to change in the executive 
 branch, does not allow the American govern- 
 ment to follow any fixed policy, and even com- 
 pels it to pursue courses dictated by dominant 
 opinions, often contrariant to each other. This 
 defect in the federal constitution is acknowledg- 
 ed by all enlightened Americans. They all 
 agree that it would be better to prolong the 
 term of service of the President, by abolishing 
 re-election,* 
 
 The President is assisted in the administration 
 of the affairs of the government by four Minis- 
 ters or Secretaries of State. 
 
 The Secretary of State^ properly speaking, 
 who unites in this office the two departments of 
 internal and foreign affairs. 
 
 The Secretary of the Treasury^ or of finances. 
 The customs, public lands, the post office, and 
 
 * Quere de hoc. — Translator^ 
 
45 
 
 all other sources of revenue fall within the pro- 
 vince of this officer of the government. 
 
 The Secretary at War. To his department 
 belong the army and all the military establish- 
 ments of the Union; such as fortifications, arse- 
 nals, ammunition, &c. He likewise superin- 
 tends the relations of the United States with the 
 different tribes of Indians residing within their 
 territory or in its neighbourhood. 
 
 The Secretary of the Navy is entrusted with 
 all the details of the administration of the naval 
 department, save those relating to the construc- 
 tion of vessels, which are confided to a distinct 
 body, called the Navy Boards consisting of three 
 naval officers, of acknowledged experience and 
 ability in their profession. 
 
 These assistants of the President with the 
 Attorney General, form the President's council. 
 The Attorney General conducts all the litiga- 
 tions of the government 
 
 The authority of the First Magistrate is very 
 limited, and indeed it can scarcely be other- 
 wise, in a pure Democracy. He cannot origi- 
 nate a law; his veto or right of rejection is res- 
 trained; that is to say, he is forced to assent to 
 
46 
 
 a law which he may have rejected, after the le- 
 gislature shall have re-considered it and passed 
 it by a majority of two-thirds. He can even be 
 tried for malversation, treason, or any capital of- 
 fence. Notwithstanding the restrictions which 
 a protecting spirit of liberty has thought proper 
 to impose on the authority of the President, it is 
 not possible to strip him of certain prerogatives 
 which, in every age and in all countries, have 
 been objects of competition for men ambitious 
 of power and wealth. 
 
 The President, in conjunction with the Se- 
 nate, is commander in chief of the army and 
 navy of the United States. He nominates to all 
 offices under the general government; but as the 
 right of nomination belongs to him exclusively, 
 he can dispense many favours, and take all the 
 credit to himself, since with a little address, he 
 can always secure a majority in the Senate. 
 The President has the right of pardon, except 
 in cases of treason. 
 
 His salary is twenty-tive thousand dollars, be- 
 sides a furnished house belonging to the general 
 scovernment. 
 
47 
 
 The salary of the Secretaries is six thousand 
 dollars each. 
 
 The first public officer, after the President, is 
 the Vice President of the United States. His 
 whole duty is confined to presiding over the Se- 
 nate. He has no political importance whatsoever; 
 it might even be said, that this office scarcely 
 belongs to the system or organization of the fe- 
 deral government. The salary of the Vice Pre- 
 sident is five thousand dollars. 
 
 After having thus reviewed the executive 
 branch of the government, we will merely take 
 a rapid glance at the two houses of Congress, 
 which are the source of all legislation in res- 
 pect to the general interests of the American 
 confederation. 
 
 The Senate, 
 
 The first house of Con2:ress is the Senate, 
 which represents, or at least is reputed to repre- 
 sent, the aristocratical interests of the country, 
 they being nothing more than the sovereignty 
 of the different states of the Union, from which 
 the members of the Senate are delegated. This 
 
48 
 
 body participates at once in both the legislative 
 and executive powder; for the consent of the Se- 
 nate is indispensible to all nominations made by 
 the President, as w^ell as to the ratification of 
 all treaties concluded with foreign nations. The 
 concurrence of the Senate is equally necessary 
 to give the laws a character of authenticity 
 without which they would not be valid. 
 
 Every state of the Union, without regard to 
 its territorial dimensions or population, is re- 
 presented in the Senate by two members elect- 
 ed for the term of six years. Their number 
 amounted to forty-four, but it has since been ex- 
 tended to forty-eight by the admission into the 
 Union of two new states, Maine and Missouri. 
 
 Senators as well as members of the House of 
 Representatives, receive a per diem of eight dol- 
 lars for the time during which the session of 
 Congress lasts. They are allowed besides an in- 
 demnity for their travelling expenses at the rate 
 of eight dollars for every twenty or English 
 thirty miles, which they have to travel in repair- 
 ing to, or returning from Congress. 
 
 Seats in the Senate of the United States are 
 much sought after, because they are retained 
 
49 
 
 longer than any other official station, and the in- 
 cumbent is therefore less dependant on popular 
 favour than in any other public employment. 
 
 One of the qualifications required by the con- 
 stitution to be eligible as Senator, is, that he 
 should be thirty years of age*. 
 
 The House of Representatives. 
 
 The democratical or popular branch of the 
 federal government, consists of the House of 
 Representatives, the members of which are cho- 
 sen for the term of two years, at the ratio of one 
 member for thirty-five thousand free inhabitants. 
 Their number is now one hundred and eighty. 
 The qualifications of an elector, vary in the dif- 
 ferent states of the Union. In some it is suffi- 
 cient to prove one year's residence, and the pay- 
 ment of municipal taxes; whilst in other states, 
 as in Virginia, it is absolutely necessary that the 
 voter should be a bona fide proprietor of a free* 
 hold. 
 
 In all the states, minority ceases at twenty- 
 one years of age. 
 
 The number of Representatives would not be 
 7 
 
50 
 
 so considerable, if at the time of the formation 
 of the Federal Constitution, they had not been 
 obliged, by way of a compromise, to grant to the 
 slave holding states the right of counting three- 
 fifths of their slaves as so many free citizens. Of 
 this we have already spoken. 
 
 The actual representation is calculated accord- 
 ing to the census of 1810. As the population 
 has considerably increased since that period, it is^ 
 probable, that, with a view of preventing too 
 great an augmentation of the members of the 
 House of Representatives, the proportion of in- 
 dividuals represented by a single delegate, will 
 be raised from thirty-five to forty thousand per- 
 sons. 
 
 The House of Representatives, holding the 
 
 strings of the national purse, exerts a preponde- 
 rating influence over the general affairs of the 
 nation. Nevertheless it does not enjoy equal 
 consideration with the Senate, the former being 
 re-elected three times during the term fixed by 
 the constitution for the renewal of the Senate* 
 
51 
 
 The Judiciary, 
 
 The Judicial power of the federal government, 
 is vested in a tribunal composed of seven judges, 
 the eldest of w^hom fills the place of President, 
 w^ith the title of Chief Justice. This tribunal 
 ultimately decides the litigations which arise 
 between citizens of different states, between fo- 
 reigners and American citizens, and finally be- 
 tween the general government of the United 
 States and the particular state governments of 
 the Union. But of all the duties of the Su- 
 preme Court, (for it is thus this court is deno- 
 minated), the most important is to expound the 
 constitution in all doubtful cases. This duty 
 has devolved on the Supreme Court rather by 
 usage than by any positive law. 
 
 It holds its sessions in the city of Washington 
 at fixed periods. Besides, all the Judges of the 
 Supreme Court, wdthout exception, are bound 
 to make circuits semi-annually through the dis- 
 tricts respectively assigned to them, and to sit, 
 in conjunction with local Judges on all cases, 
 
52' 
 
 which hy their nature, belong to their jurisdic- 
 tion. 
 
 The Judges of the Supreme Court cannot be 
 removed; they have an annual salary allowed 
 them of from four thousand five hundred to five 
 thousand dollars. 
 
 A seat on the bench of this court is very much 
 aspired to, because it is bestowed only on men of 
 acknowledged merit, and because the court it- 
 self is held in high repute throughout the coun» 
 try. 
 
 The nirmy. 
 
 Among the general observations made in tile 
 commencement of this work, we remarked, that 
 the nature and genius of this government was 
 incompatible with the existence of a standing 
 army; and indeed, that of the United States is 
 scarcely sufficient for the occupation of the most 
 important points in the defensive system of the 
 country. It does not exceed at most ten thous- 
 and men of the various military corps. How- 
 ever disproportioned this army may be to the 
 extent of country it is intended to protect, ef- 
 forts have been made in Congress to reduce its 
 
5'3 
 
 numbers. These have at length succeeded, and 
 the American Army is now diminished to six 
 thousand men of the several military depart- 
 ments. According to an opinion pretty gene- 
 rally entertained in the United States^^and which 
 certainly is not without foundation, the national 
 militia, the numerical force of which is eight 
 hundred thousand men, is more than adequate 
 to the protection of the country from foreign in- 
 vasion. This will be true, as long as local dif- 
 ficulties inherent in a territory so extensive and 
 so thinly populated, oppose almost insurmounta- 
 ble impediments to the march of an hostile army. 
 There is much wanting to render this nume- 
 rous militia, a well organized and disciplined 
 force. Such a military result can scarcely be 
 expected under a government democratically 
 constituted. The organization of this truly na- 
 tional defence, is in its infancy. Yet, on the 
 other hand, the deficiency is counterbalanced 
 by the general topography of the country, as 
 well as by the natural qualities of the North 
 Americans, who, although bad soldiers in mat- 
 ters of discipline, are nevertheless very brave 
 and inured to fatigues and privations. 
 
54 
 
 The Army of the United States is well cloth- 
 ed and paid. It is however almost entirely des- 
 titute of skilful officers, especially in the artille- 
 ry and engineer departments. There is but a 
 single nursery of officers; that is, the Military 
 Academy at West Point on the North river, in 
 the state of New York, supported at the expense 
 of the General Government. That institution 
 has illy realized the hopes which were formed 
 of its usefulness. Licentiousness and neglect 
 of discipline among the Cadets, favoured, as it 
 were, by the political atmosphere of this vast 
 republic, have given rise to serious complaints. 
 A motion was even made in Congress to sup- 
 press the establishment altogether; and it is in- 
 debted for its present existence solely to the 
 patriotic efforts of some members of Congress, 
 who were convinced that the preservation of 
 this military school, notwithstanding its defects, 
 was required by national honour and public 
 utility. The expense of the War Department 
 in all its branches (including arrearages) was in 
 the year 1819, nine millions one hundred and 
 ninety-five thousand nine hundred and sixty-one 
 dollars aud seventy-two cents. 
 
56 
 
 CHAP. VI. 
 
 THE NAVY 
 
 Until, the last war of the United States with 
 England, in 1815, this so efficient a branch of 
 national defence, was altogether neglected. Ex- 
 traordinary circumstances and painful experi- 
 ence were required to correct on this subject, 
 the opinions of those who undertook to direct 
 national affairs in 1800; the enlightened part of 
 the nation always considered the navy as the 
 true bulwark of the country. 
 
 It was only since this war, that the American 
 government, awakened from the error into which 
 it had fallen, took pains to repair it, by plac- 
 ing the navy of the United States on a respectable 
 footing; one, corresponding to the services it had 
 already rendered, as well as the lofty anticipa- 
 tion it had given rise to throughout the nation. 
 
 The naval forces of the United States, accord- 
 ing to an official statement, (published in 1822,) 
 is comprised in the following table. 
 
56 
 
 Ships of the Line carrying 74 guns. 
 
 The Independence, 
 Washington, 
 Franklin, 
 Columbus, 
 Ohio, 
 
 North Carolina, 
 Delaware. 
 
 Frigates of the first class. 
 
 The Constitution, 
 
 United States, 
 
 . > each carrying 44 guns. 
 
 jLia vruemere, ^ 
 
 Java, 
 
 Frigates of second class. 
 
 Congress, 
 
 Constellation, 
 
 Macedonian, 
 
 Fxilton^ steam frigate carrying 30 guns. 
 
 Corvettes carrying ^4 guns. 
 
 Hornet, 
 Ontarioj 
 Erie, 
 Peacock, 
 Alert, store shijp. 
 
57 
 
 Brigs carrying 12 guns. 
 
 Enterprize, 
 
 
 
 Spark. 
 
 
 
 Schooners, 
 
 
 
 Nonsuch, 
 
 6 
 
 guns, 
 
 Alligator, 
 
 12 
 
 do. 
 
 Porpoise, 
 
 12 
 
 do. 
 
 Dolphin, 
 
 12 
 
 do. 
 
 Shark, 
 
 • 
 
 12 
 
 do. 
 
 Grampus, 
 
 12 
 
 do. 
 
 Asp, receiving vessel. 
 
 
 Lady of the Lake, 
 
 , 1 
 
 do. 
 
 Armed Sloops. 
 
 Nos. 95, 8, 76, 158, 168,— each carrying 
 from 1 to 6 guns. 
 
 Naval architecture is carried in the United 
 States to a high degree of perfection, although 
 it is executed merely from practical knowledge. 
 8 
 
58 
 
 The American sailor is not surpassed, in dexter- 
 ity and courage, by any other in the world. We 
 might say the same of the officers, but it cannot 
 be disguised that the greater part of them are still 
 ignorant of that theoretical science indispen- 
 sible to their profession. 
 
 The partial successes of the American Navy, 
 during the last war against Great Britain, seems 
 to have intoxicated the whole nation. The 
 English, not long since so formidable, are at this 
 day frequently an object of derision, and even 
 of contempt in the eyes of Americans, who have 
 never travelled beyond the boundaries of their 
 own country. 
 
 Of all the branches of public service, the navy 
 being the most popular, meets with least oppo- 
 sition in Congress, when the annual budget is 
 regulated. 
 
 The expenses of the naval department, dur- 
 ing the year 1 8 1 9, amounted to 3,827,6407Vo 
 dollars, comprising the appropriation of a million 
 of dollars annually for four years, for the grad- 
 ual increase of the navy. Congress having made 
 no retrenchments in the sums demanded by the 
 
59 
 
 government for this department, the expenses 
 for the present year are about the same. 
 
 Should not unforeseen events derange the or- 
 dinary course of things, in a few years hence, 
 the navy of the United States will amount to 
 eleven ships of the line and thirty frigates, with 
 a proportionate number of small vessels of war. 
 
60 
 
 CHAP. VII. 
 
 FIJVAJVCES. 
 
 We have before obseiTed that the finances of 
 the United States consist almost entirely of two 
 items : 
 
 1st. The product of the Customs. 
 
 2d. The product of the sale of Public Lands, 
 situated in the States of Ohio, Illinois, Indiana, 
 &c. 
 
 We have already remarked that from the year 
 1815 to 1821, the revenue from the Customs, 
 diminished by nearly tvrenty millions of dollars. 
 It amounted in 
 
 1815, to - - - - iS36,306,022 57 
 
 1819, to - - - - g^l 7,1 16,702 00 
 
 Deficit, 819,189,320 57 
 
 The revenue from the sale of Public Lands 
 has alvrays been increasing since the same pe- 
 riods. Nevertheless, the difficulties vv^hich the 
 treasury encountered in the recovery of money 
 due from purchasers of public lands, notwith- 
 
61 
 
 standing the long credits usually given them, 
 caused great arrearages to exist in this branch of 
 the finances of the State. Two dollars per acre 
 was the fixed price of public lands; one fourth 
 payable immediately on delivery, and the resi- 
 due in equal instalments, in the course of three 
 years. If, at the expiration of that period, the 
 whole purchase money had not been paid, the 
 land reverted to the treasury without the reim- 
 bursement of the first payment. No one was 
 allowed to purchase more than a certain quanti- 
 ty of these lands; the minimum was one hund- 
 red and sixty acres. 
 
 An act was recently passed by the two houses, 
 by which the price of public lands was reduced 
 from two dollars to one dollar and twenty-five 
 cents per acre, but payable in cash, immediate- 
 ly on the completion of the sale. 
 
 In the report of the Secretary of the Treas- 
 ury, for the year 1819, the sale of public lands 
 amounted to 82,858,556^^^, but in the estimate 
 of the revenue of the year 1821, the same item 
 did not exceed two millions of dollars. 
 
6£ 
 
 Public Debt, 
 
 It has beeu computed that up to the 1st of 
 January, 18^0, the public unredeemed debt 
 amounted to !S88,885,203,7Vo- 
 
 (Treasury Annual Report, December 13. 1814.) 
 
 According to the same official document, the 
 comparative receipts and expenditures of the 
 present year, showed a deficit of 85,000,000. 
 
 After having passed in review^, the different 
 constituent parts of the Federal Government, it 
 will not be superfluous to terminate this sketch 
 by some general reflections. 
 
 The government of the United States, so ap- 
 parently simple, being unincumbered by the ad- 
 ministration of municipal concerns, is neverthe- 
 less very complicated in its movements and op- 
 erations. 
 
 We have already seen that this Gove^ment, 
 incapable of exerting any powers other than 
 those specially delegated by the Federal Consti- 
 tution, enjoys but a limited sovereignty. Where- 
 ever a measure, either of general or particular 
 interest, such as the nomination to office^ is in 
 
63 
 
 agitation, the executive is always placed in the 
 embarrassing predicament of being obliged to 
 harmonize a multitude of contrariant interests 
 and conciliate many opposing pretensions. In a 
 word, it is called upon to satisfy as many local 
 sovereignties as possible, or perhaps the whole 
 United States, each one of which, in urging its 
 right of participation in the conduct of general 
 affairs, wishes to maintain the exclusive direc- 
 tion of its domestic concerns. This is what is 
 meant in that country, by geographical and sec- 
 tional nominations; that is to say, the distribu- 
 tion of offices at the disposition of the Govern- 
 ment, among the candidates from the different 
 states of the Union according to the relative po- 
 litical importance of the several states of the 
 confederation. This difficulty seems inherent 
 in a government at the same time democratical 
 and federal. As long as the country preserves 
 its internal tranquillity, the executive power of 
 the central government, always placing itself at 
 the head of the stronger party of each state, and 
 using some little address, will, to a certain de- 
 gree, succeed in satisfying all parties, and retain 
 its preponderating influence. 
 
64 
 
 Yet these embarrassing circumstances will be 
 sooner or later felt, either in some great exter- 
 nal exigency, or when the Union shall be ex- 
 posed to those domestic commotions, from which 
 no political society is long exempt; and to which 
 federative republics are peculiarly liable. 
 
 The late war with England disclosed the 
 weakness of the ties by which the different 
 parts of the American confederation are united. 
 Without the unexpected conclusion of an hon- 
 ourable peace, the Hartford Convention, com- 
 posed of delegates from all the Eastern States, 
 would in all likelihood, have ended in effecting 
 their separation from the rest of the Union. 
 The greater portion of the Americans, repel 
 this idea indignantly: but since it was founded 
 on a hypothesis which the events of the war did 
 not realize, although very possible and even 
 probable, it is useless to discuss so idle a ques- 
 tion. 
 
 Notwithstanding the pains taken by the 
 framers of the American constitution to define 
 clearly the powers delegated to the General 
 Government, and that which the states have 
 respectively reserved, the line of demarcation 
 
65 
 
 between them has always been a theme of long 
 and violent controversy whenever a question 
 of general interest is agitated. Thus during the 
 last war, the government or the first magistrate 
 of Massachusetts, refused to execute the order 
 of the general government, to march the militia 
 of that state into Canada. 
 
 The right assumed and carried into execution 
 at different times by the federal government 
 of establishing a national bank, was also the sub- 
 ject of long discussions in congress, and was con- 
 tested by many states of the union.* 
 
 As a third and last example of the vagueness 
 of the Federal Constitution, we would cite the 
 virulent debates which occupied more than half 
 the present session of congress, to determine 
 whether or not that body had a right, under the 
 constitution, to interdict slavery in the new 
 state oi^issouri. 
 
 To tMt uncertainty we must look for the fee- 
 bleness manifested by the general government 
 in the suppression of piratical armaments, pub- 
 licly prepared in some of the maritime cities of 
 
 *This question has been finally decided by the supreme 
 court in favour of the general government. 
 9 
 
66 
 
 the union, but principally in Baltimore; and iu 
 arresting, in its commencement, the audacious 
 and criminal expedition of some American ad- 
 venturers against the province of Texas. 
 
 The federal government is too clearsighted 
 not to foresee tlie grievous consequences vsrhich 
 such violations of the law^s of nations may some 
 day bring upon the country. And, the govern- 
 ment is equally aware, that all its efforts to res- 
 train these irregularities will be ineffectual, be- 
 cause its orders, if indeed it have the right of 
 giving any orders on this subject, would be elud- 
 ed, perhaps badly executed or entirely disre- 
 garded. 
 
 A foreigner, known generally in Europe by the 
 extent and variety of his acquirements, as well as 
 by the sprightliness of his mind, Mr. Correa de 
 Serra, Minister Plenipotentiary of Portugal near 
 the United States, who resided a lon|L time in 
 that country, and who traversed it in every di- 
 rection, maintains that the American govern- 
 ment, to the prejudice of the individual state 
 governments, tends strongly to consolidation. 
 
 He even goes so far as to say, that it contains 
 already all the elements of a monarchy, and 
 
67 
 
 only wants a head: he therefore called it the 
 headless monarchy. Notwithstanding my res- 
 pect for the intelligence of this savant, I am 
 bold enough to entertain a contrary opinion. It 
 appears to me, that in proportion as the territo- 
 ry of the United States is enlarged, and as the 
 population, as well as the number of the confe- 
 derated states, encreases, the general government 
 will gradually lose its strength. 
 
 However this may be, there is one truth well 
 established, and important to be kept in view, 
 when political relations are held with the Unit- 
 ed States, that is, that its sovereignty is incom- 
 plete. It therefore happens in many cases, in 
 which the laws of nations are interested, that 
 the American government finds it impossible to 
 act on terms of perfect reciprocity without trans- 
 cending its powers. 
 
 This government has hitherto been unable to 
 put an end to the illegal armaments which have 
 been equipped, and are even now fitting out at 
 Baltimore and other ports of the union, against 
 the commerce and navigation of nations at peace 
 with the United States. Yet it is true, that the 
 
6S 
 
 disposition of the president and the rest of his 
 cabinet, is decidedly opposed to these shameful 
 infractions of neutral rights. 
 
 Whilst condemning such voluntary aggres- 
 sions, the American government is incompetent 
 to prevent them and especially to punish the 
 guilty. 
 
69 
 
 CHAP. VIII. 
 
 The political relations of the United States with 
 
 Europe. 
 
 Hitherto the United States have had little 
 concern v/ith European politics, except so far 
 as their commerce and navigation were interest- 
 ed. In every other respect, this great federate 
 republic is absolutely a stranger to the political 
 combinations of Europe. 
 
 This state of things will last as long as the re- 
 lative thinness of the population and the nature 
 of their government prohibit every energetic ef- 
 fort beyond the limits of their country. 
 
 It is in the essence of popular governments, 
 constituted as they are in our time, to be oppos- 
 ed to every expensive enterprise; for the great- 
 est merit they possess in the eyes of the multi- 
 tude, is the cheapness of the materials, if such 
 an expression may be used, of which they are 
 composed. 
 
10 
 
 Considered as a political power, the United 
 States must necessarily be classed among the 
 maritime powers. 
 
 Their political sympathies and antipathies in 
 regard to European nations, should be measured 
 by the capableness of the latter to injure their 
 commerce and navigation. 
 
 England enjoying an incontestible superiority 
 at sea, is for that very reason the power which 
 the United States love least and fear most. 
 
 Notwithstanding however, this species of po- 
 litical antipathy, it is certain, that the two coun- 
 tries are bound together by moral ties which no 
 political jealousy can sever. 
 
 These moral ties derive their strength from the 
 identity of origin, language, cu^oms* and laws: 
 in a word, from all circumstances on which are 
 founded the moral and social existence of man. 
 
 ^Shortly after the war of Independence a member of con- 
 gress, whose name escapes me at this moment, proposed to abol- 
 ish the use of the EngUsh language; declaring, that without 
 this change, the emancipation of the United States, would never 
 be complete. The project was undoubtedly absurd, since it was 
 impracticable. But it is not the less true, (to employ a vulgar 
 phrase) that the zealous republican laid his finger on the cause 
 which will continue for a long time to give England a greaif^^ 
 moral influence over this country. 
 
71 
 
 This truth is admirably illustrated in the me- 
 moirs of Talleyrand, on the commercial relations 
 of the United States with England and France, 
 read to the National Institute in the year 1803. 
 
 Hence it follows that the English, although 
 they may find there a violent opposition to their 
 politics, nevertheless have the satisfaction of see- 
 ing their manufactures preferred to those of othei' 
 nations. 
 
 Of all the European powers, France can best 
 calculate on a decided predilection on the part 
 of the United States. It can scarcely be other- 
 wise. Without taking into consideration the 
 important services rendered by France to them 
 in their war of independence, she has it in her 
 power to aid them in their quarrels with Eng- 
 land without being able, under any circumstan- 
 ces, to inflict the slightest real injury. 
 
 It was probably from this consideration, that 
 the American government manifested so clearly 
 a partiality for the French government, at the 
 time the Berlin and Milan decrees occasioned so 
 great losses to the American commerce; while 
 the British orders in council were incessantly 
 
72 
 
 the subject of the most vehement invectives 
 and complaints, and terminated in bringing on 
 the war of 1812. 
 
 The same reasons, although much less co- 
 gent, apply to the relations between Russia and 
 the United States of America. It may be said, 
 that the disposition of the government and the 
 American nation in regard to Russia, is generally 
 amicable. The name of the Emperor Alexan- 
 der is revered in the United States. This is ow- 
 ing to the moderation with which the imperial 
 government always treated the interests of Amer- 
 ica, at a time when they came into collision 
 with those of all the other maritime powers of 
 Europe. Russia, formidable as she is, inspires no 
 fear in that country. They even reckon on her 
 support in any difficulty in which they may be 
 hereafter involved with any European powers, 
 whose dispositions are less favourable to thena. 
 
73 
 
 SEC7ZON TUtKD. 
 
 CHAP. I. 
 
 THE ADMLYISTRATIOJV OF JUSTICE. 
 
 Some general reflections on the administra- 
 tion of justice in the United States, or rather on 
 the spirit of their jurisprudence, may perhaps 
 prove interesting to Russian readers, they are 
 addressed chiefly to these, for it would certainly 
 be almost inexcusable presumption in the au- 
 thor, to attempt to instruct Americans on such a 
 subject, among whom it is difficult to find a sin- 
 gle individual who is not tolerably familiar, if 
 not with the theory, at least with the course of 
 justice in his country. 
 
 It is generally agreed, that an impartial ad- 
 ministration of civil and criminal justice, is one 
 of the principal foundations of all political socie- 
 ties of a permanent character. For the para- 
 mount, and it may be said, the only object of all 
 political associations, is the security of person and 
 property. 
 10 
 
74 
 
 But if in strongly constituted, or to speak 
 more clearly, in absolute monarchies, an im- 
 partial administration of justice, be one of the 
 most powerful means of prosperity, in a repre- 
 sentative government it is an indispensible con- 
 dition; the very corner stone of the edifice. In 
 absolute monarchies it efficiently corrects the de- 
 fects of political laws, and in limited monarch- 
 ies or republics, the equitable administration of 
 the laws, as it were, takes precedence of politi- 
 cal justice.* 
 
 * We are in fact, i*ar from asserting that justice is best ad- 
 ministered in republics. Such an opinion would be contradict- 
 ed by facts; a badly rej^ulated spirit of liberty, may frequently 
 incline the balance of distributive justice, with as strong partial- 
 ity as the hand of arbitrary power. This sometimes occurs 
 even in the United States, where opulent persons have lost their 
 cases because juries favoured the poorer class in preference to 
 the rich. Such instances are undoubtedly very rare, but it is in- 
 disputable that a sentiment of inveterate jealousy of the rich, 
 among the poorer class, has powerfully influenced in many 
 states of the union, the municipal laws which regulate the re- 
 lation of debtor and creditor. For some years past, th* laws have 
 always been favourable to the former, even when right appeared 
 on the side of the latter. This is not the place to examine the 
 effect of these laws on the welfare of the country. It will be 
 sufficient to say, that they have sensibly affected its credit. 
 The idea we would convey is intended to bear on the position, 
 that in monarchies, principles of distributive justice have not the 
 ^Damc influence on their political institutions, as in representor 
 
75 
 
 The Americans emphatically style their couii 
 try, "7%c land of the lata/' for among them the 
 law, like a superior power, covers the whole 
 country, protecting with its shield, or threaten- 
 ing with its sword, all indiscriminately, without 
 recognizing any distinction between the Su- 
 preme Magistrate of the republic and the hum- 
 blest citizen. Slaves are the only persons to 
 whom its protection is denied. Yet important 
 ameliorations of their condition are daily taking 
 place in all the states where this unfortunate 
 class exists. The new state of Missouri may 
 boast of being the first to soften the hardship of 
 slavery, by solemn legislative enactment. A 
 clause of its constitution declares the murder 
 of a slave punishable in the same manner, as 
 one committed on a free person. This exam- 
 ple has been imitated by South Carolina. 
 
 The Americans having inherited their lan- 
 guage, their customs, their political opinions and 
 
 live or democratical governments, such as are now established. 
 The example of France under the reign of Napoleon, proves 
 that a fair administration of justice is not always incompatible 
 with unlimited political power. But on the other hand it may 
 be remarked, that the preservation of just ideas of rational liber- 
 ty since so happily reaUzed under Louis XVIII, is owing to 
 the judicial system of France. 
 
76 
 
 even their primitive institutions from their En- 
 glish ancestors, necessarily adopted their sys- 
 tem of jurisprudence. In fact, the two modes 
 of administering justice are so much alike, that 
 one seems to have heen copied from the other. 
 However, to develope this affinity, we should be 
 obliged to enter into minute details, of which 
 persons well versed in the subject alone are com- 
 petent to give a satisfactory account, and which 
 have no room within the limits of a simple sketch. 
 
 The dominant principles in the English and 
 American systems of jurisprudence are: 
 
 1st. That all men are equal in the eye of the 
 law; that is to say, that it is the same for all, 
 witliout any distinction whatsoever, whether it 
 protects or punishes. 
 
 2dly. That no man can be judged but by his 
 peers; that is to say, his equals in society. 
 
 Here a sensible difference between the two 
 judicial systems arises which it is not useless to 
 notice, although it is only apparent, as it has no 
 influence on the course of justice. The English 
 constitution recognizes political inequalities; 
 whilst the American constitutions, taken collec- 
 tively, or individually, only recognize the sim- 
 
77 
 
 pie difference of profession. An English peer 
 possesses certain political rights in which other 
 citizens do not participate. Yet the law is not 
 the less th^Jjame for him, although the forms 
 necessary for its application are different, so far 
 as regards the composition of the jury. 
 
 In America political inequalities have no ex- 
 istence; so that the law and the forms of its 
 application are the same for all, in all cases. 
 
 The body of civil and criminal law is com- 
 posed of the following elements. 
 
 1st. The common law^ such as it is in Eng- 
 land, notwithstanding the modifications flowing 
 
 ^Properly speaking, the common law is nothing more than a 
 collection of judicial decisions in isolated cases. It is consult- 
 ed in all cases, not provided for by the statute or written law. 
 This is an abyss of civil legislation, but the evil is in some 
 measure remedied by the discretion of the judges. The com- 
 mon law is venerated in England because the English believe it 
 to be favourable to liberty. In the United States, where lib- 
 erty has gained every thing and has nothing to fear, public 
 opinions leans toward written civil codes. But they perhaps, 
 scarcely dream that the enterprise would be far from easy in so 
 extensive and diversified a country. Besides, however great 
 might be the wisdom and perspicacity of the compilers of such 
 codes, it would be impossible to foresee the cases that might 
 arise, and provide for the interpretations which the acuteness of 
 lawyers would place on the meaning of the law. In this way, 
 commentaries and readings would enlarge the code to such % de- 
 
78 
 
 from the nature of a government which ad 
 mits of no distinction in the orders of society, 
 nor of privileged classes vs^hich were always 
 as unknown to these colonies as tl^ right of pri- 
 mogeniture. This last right, it is true, exist- 
 ed in Virginia, Maryland and South Carolina 
 previous to their emancipation, but was abolished 
 soon after the revolution. 
 
 2d. Acts of the British Parliament antecedent 
 to the period of the American Independence. 
 The local legislatures of the United States pos- 
 sessed, nevertheless, the power of modifying the 
 acts or statutes of the British Parliament as well 
 as the common law, in every case which did not 
 involve internal commerce or the essential attri- 
 butes of sovereignty. The infringement of this 
 
 gree, that it would participate in the inconvenience of the com- 
 mon law. 
 
 The statute or written law consists of legislative acts. We 
 have already seen that in the United States, the statute law is 
 composed of acts of the English Parliament, passed antecedent 
 to the revolution, of acts of congress, and lastly of legislative 
 acts of the different states forming the confederation. Conse- 
 quently the statute law of the United States is derived from 
 two sources, one the federal legislation, the other the same 
 legislative power reserved to themselves respectively by 
 the several states of the union. It is important tiot to lose 
 sight of these facts. 
 
79 
 
 right by the British Parliament eontributed ma- 
 terially to the separation of the English colo- 
 nies from the mother county. 
 
 3d. Acts of the American congress and of the 
 individual legislatures of the different states. 
 These last mentioned are only obligatory as 
 law, within the circle of the respective jurisdic- 
 tion of the state legislatures. 
 
 4th. The civil and criminal codes of partic- 
 ular states in which they have been compiled. 
 In many states of the union there exists crim- 
 inal codes made on the spot. But it is only in 
 Louisiana, that we find a body of laws embracing 
 all the social relations of the citizens among them- 
 selves. 
 
 Their code of laws is nothing but the civil 
 code of Napoleon adapted to their local circum- 
 stances. This work as important as it is useful, 
 was executed by two jurisconsults of that coun- 
 try; Mr. Moreau Lestel and Mr. James Brown, 
 now a senator in the congress of the United 
 States, from Louisiana. 
 
 The organization of the judicial tribunals of 
 the United States, bears a great affinity to that of 
 the courts of England. Yet marked diflferences 
 
80 
 
 may be seen between them in some of the states 
 of the union; and these diflferences without be- 
 ing fundamental, modify the cause of justice in 
 civil litigations. 
 
 In many states, as in New-York, New-Jersey 
 and Virginia, there is a court of chancery invest- 
 ed with jurisdiction similar to that of the chan- 
 cery court in England. In other states, this 
 court assumes another form, or the ordinary 
 courts are clothed with a jurisdiction usually be- 
 longing to a court of chancery. 
 
 It would be superfluous to enter into a detail- 
 ed description of the organization of the various 
 courts in the different states of the American 
 confederation. The design in which it is con- 
 ceived is common to all; which is, to secure to 
 every man prompt and impartial justice. The 
 latter object is unquestionably accomplished; but 
 it would be important to abridge the delays of 
 litigation; for, in regard to promptitude, it is very- 
 doubtful whether they have been successful in 
 the United States. Means to elude the views of 
 legislators and protract the pendancy of suits be- 
 yond a reasonable term, have always been found 
 by the ingenuity of lawyers. This particularly 
 
81 
 
 happens when the plaintiff in a cause is a for- 
 eigner, seeking redress from an Insurance Com- 
 pany. 
 
 In every case, either civil or criminal, there 
 are but two stages or degrees of judicial en- 
 quiry, A courtof original jurisdiction, of which 
 there is one at least in each county, decides in the 
 first instance. Should there be an appeal, the 
 judgment is review^ed by the Supreme Court, of 
 which there is one in each state. The jurisdic- 
 tion of this tribunal in all its litigations between 
 citizens of the same state, corresponds to that of 
 the Court of King's Bench in England; and the 
 judges, during the recess, also perform a circuit 
 in the district assigned to them respectively, with 
 this difference, that in America the eldest or 
 Chief Judge of the Supreme Court is not ex- 
 empted from this duty, as is the case with the 
 presiding judge of the King's Bench in England. 
 
 In every suit which, under the provisions of 
 the constitution of the Federal Government, is 
 definitively adjudicated by the Supreme Court of 
 the United States, there are properly three stages 
 of judicial investigation, A local court of origin- 
 11 
 
82 
 
 al jurisdiction^ first tries the cause and passes 
 judgment. An appeal, if one be taken, is then 
 carried before a Circuit Court, \ A further ap- 
 peal may be then had to the Supreme Court of 
 the United States, which finally adjudges the- 
 
 cause.f 
 
 According to these external forms observed 
 in the proceedings of all the tribunals of the 
 country, ivith the exception of the Court of 
 Chancery or Equity, and the Supreme Courts 
 which pass sentence without the intervention 
 •of a jury, the dispensation of the law, indepen- 
 dently of the necessary formality of opening 
 every judicial proceeding, whether civil or crim- 
 inal, is performed in the following manner : 
 
 *Over this court, commonly called the Circuit Court of the 
 United States, one of the Judges of tlie District Court presides, 
 associated with one of the Judges of the Supreme Court of the 
 United States. The iflembers of this last tribunal, without even 
 the exception of the Chief Justice, have each their district as- 
 signed to tliem respectively, which they visit annually at fixed 
 periods. 
 
 \ See note in Appendix. 
 
 I This Court likewise takes cognizance of all cases arising 
 from the violation of the laws of the United States, strictly speak- 
 ing, or Acts of Congress. 
 
S3 
 
 Lawyers or advocates, on each side, state the 
 case, argue upon the law, produce their authori- 
 tieSj and examine the witnesses. 
 
 One of the judges then gives the jury a sum- 
 mary of the pleadings on both sides. In some 
 states they confine themselves to explaining to 
 the jury the law that should govern their deci- 
 sion. 
 
 The jurors then retire to deliberate among 
 themselveson what verdict they shall find, which 
 verdict, when once found, is announced to the 
 judge by one of their own body, chosen by the 
 court for that purpose, as the most distinguish- 
 ed of them by his character and intelligence. 
 
 Finally the judge applies the law and the suit 
 is determined. 
 
 All these different formalities are performed 
 publicly. The court room is open to every one 
 without distinction. This publicity in judicial 
 proceedings, has perhaps a greater influence up- 
 on the impartial distribution of justice, than the 
 institution of a jury trial. 
 
 In all civil and criminal cases, the jury decides 
 on both the law and the fact. In criminal pros- 
 ecutions, the power of the jury has no limits, but 
 
84 
 
 it is otherwise in civil cases. On a question of 
 law, the opinion of the judge has usually great 
 weight with the jury; and when their verdict is 
 contrary tathe law, such as it has been expound- 
 ed byjthe judge, he sets it aside and recommends 
 to them to reconsider the case. Should the jury 
 prove obstinate in their opposition, the judge can 
 order a new trial of the cause. 
 
 It is then evident, that the agency of a jury in 
 civil cases is less real than apparent, since in a 
 majority of them they are directed by the supe- 
 rior knowledge and experience of the j udges. 
 In fact, it is scarcely possible that persons, abso- 
 lutely strangers to a profound knowledge of the 
 civil law, should be competent to administer it 
 equitably in all cases, (many of which are com- 
 plicated,) arising from disputes betw^een the in- 
 habitants of a free and civilized country. 
 
 We should not omit to mention the obliga- 
 tion of serving in turn as a juror, from which no 
 American citizen is exempt, under the penalty 
 of a heavy fine. This often becomes a species of 
 burthensome tax on the time of the industrious 
 part of the community. 
 
85 
 
 Criminal legislation having for its object to 
 shield, against the assaults of violence and mal- 
 ice, all that is most valuable to man, his life and 
 reputation, has invested its proceedings with ev- 
 ery precaution that human foresight could sug- 
 gest, to guard the accused against any precipitan- 
 cy in the organs of he law, and to afford him at 
 the same time the most unbounded means of 
 self-justification. This assuredly is the beautiful 
 feature of American jurisprudence, a jurispru- 
 dence which in other respects resembles in its de- 
 tails the mode of criminal procedure practised in 
 England. 
 
 The prevailing principle of the system seems 
 to establish above all other considerations, that 
 it is better for society that ten criminals should 
 escape the rigour of the laws which they may 
 have violated, than that one innocent person 
 should be condemned to punishment. Perhaps 
 some doubts might justly be entertained of this 
 maxim, repeated to satiety by modern philan- 
 thropy. We might possibly be nearer to the 
 truth in maintaining the converse proposition; 
 for, the sum of evil resulting to society in the two 
 cases is evidently greater in the first than in the 
 second. Meanwhile we cannot but applaud a 
 
86 
 
 system of criminal jurisprudence, which evinces 
 so much solicitude to prevent judicial error. 
 
 We should place al the head of the safeguards 
 of personal security, the justly celebrated law of 
 habeas corpus. This law prevents arbitrary and 
 protracted imprisonment, and is exactly the 
 same in the United States as in England. 
 
 False accusations and illegal prosecutions are 
 obviated by the institution of the Grand Jury^ 
 which the Americans regard as the palladium 
 of their liberty. The Grand Jury is never com- 
 posed of less than thirteen, nor more than twen- 
 ty-three individuals, although twenty-four are 
 usually summoned. They are chosen by lot, at 
 the opening of each session of the criminal court, 
 from among active and respectable citizens. The 
 Grand Jury examines the witnesses against ac- 
 cused persons, and decides, by a majority of 
 votes, whether there is a sufficient reason for put- 
 ting the accused on trial. This examination is 
 made with closed doors, and cannot therefore 
 prejudice the accused in the formal trial which 
 he is about to undergo. 
 
 An indictment is not found until after the 
 Grand Jury has had sufficient proof before them 
 
87 
 
 against him, and it is then only that he can be 
 formally tried. In the contrary case, he is dis- 
 missed from all judicial prosecution. 
 
 The Grand Jury can also take cognizance of 
 some general matters of a local character, such as 
 the state of the prisons, the roads, and of partic- 
 ular cases brought before them. The result of 
 this enquiry is reported to a competent tribunal^ 
 and, in this way, abuses are corrected. 
 
 It appears that the institution of the Grand 
 Jury exists in all the United States, and that it 
 is every where composed of intelligent and re- 
 spectable citizens, who are considered as the most 
 efficient guardians of the public safety. 
 
 The Petit Jury, composed of twelve individ- 
 uals, chosen on the same principle that governs 
 the selection of the Grand Jury, acting more di- 
 rectly in the distribution of both civil and crimi- 
 nal justice, secures impartiality by a species of 
 equality and reciprocal sympathy which this in- 
 stitution is thought to establish between the 
 judges and the person to be judged. 
 
 We have already seen, that in all civil and 
 criminal cases, excepting those which are carried 
 before the courts of chancery or the supreme 
 
88 
 
 courts which ultimately decide, the Petit Jury 
 exercises the greatest power. It might be 
 said that it contains the very essence of judicial 
 power; yet we have likewise observed, that in 
 civil suits the course of the jury is greatly influ- 
 enced and even controled by the judge. 
 
 Such is not the case in criminal prosecutions. 
 The duty of the judge is restricted to making a 
 summary statement of the case : the jury, em- 
 bracing in their deliberations the law as well 
 as the facts, pronounces peremptorily and with- 
 out appeal on the part of the judge, on the crimi- 
 nality of the accused, guilty or not guilty. In 
 the first instance, the prisoner suffers the penalty 
 imposed by the law, which is announced to him 
 by the judge, provided, before the expiration of 
 a certain period of time, the executive power, 
 invested with the right of pardoning, does not ex- 
 ercise its prerogative in favor of the criminal, 
 either to remit or commute the punishment. 
 
 But when, by the verdict of the jury, the ac- 
 cused person is declared not guilty, he is imme- 
 diately set at liberty, without liability to a re- 
 newal of the prosecution; this conforms to one 
 of the fundamental principles of English juris- 
 
89 
 
 prudence, that no man can be twice tried for 
 the same offence. In both civil and criminal 
 cases, the verdict of the jury to be valid must be 
 unanimous. When, in the opinion of the jury, 
 the crime, although sufficiently established, is 
 accompanied by circumstances of extenuation, 
 then still declaring him guilty, they recommend 
 him to the mercy of the executive; and such 
 recommendation is always taken into conside- 
 ration. 
 
 Independently of the publicity of the proceed- 
 ings and the intervention of a jury, these two 
 powerful safeguards of innocence, the slightest 
 errors in the judicial forms, however insignifi- 
 cant they may be in themselves, according to 
 the spirit of American jurisprudence, operate in 
 its favor. Thus a single fault of orthography or 
 misnomer in the indictment, is sufficient to arrest 
 instantly the trial of a criminal cause. 
 
 In fact, by the criminal laws and forms of 
 procedure in use in the United States, an accus- 
 ed person is so abundantly fortified with means 
 of defence, that he has absolutely nothing to ap- 
 prehend from the malice of h^s accusers, nor 
 from the precipitancy of his judges. We should 
 12 
 
90 
 
 be even tempted to believe, that in certain eases^ 
 the law is too favourable to the accused, w^hen 
 we see how diificult it is in the United States 
 to bring an individual, charged with the most 
 atrocious crimes which have been perfectly 
 proven, to merited punishment. This difficulty 
 amounts to an actual impossibility, when, by ac- 
 cident, as frequently happens in Pennsylvania, 
 the jury is composed of quakers. 
 
 We have yet to speak of the independence of 
 the judges, which is also considered as one of the 
 principal requisites for an impartial administra- 
 tion of justice. 
 
 The opinion, that expounders of the law, to 
 discharge justly and with dignity their impor- 
 tant functions, should be placed in absolute in- 
 dependence of all political power, is pretty gene- 
 ral and uniform in the United States. 
 
 In all tribunals, emanating from the authority 
 of the federal government, the judges are ir- 
 removeable, or what amounts to the same thing, 
 hold their place during good behaviour. They 
 can only be deposed by a formal accusation 
 (impeachment) made by the house of repre- 
 
91 
 
 sentatives before the senate, and sustained by 
 two thirds of the members of that body. 
 
 These judges receive a liberal pecuniary com- 
 pensation, sufficient to procure an easy and ho- 
 nourable livelihood. 
 
 The same advantages are granted to judges 
 who preside over tribunals created by the local 
 authorities of the United States. Nevertheless 
 the jealous spirit of popular liberty of Rhode 
 Island and Vermont, refused to invest their judg- 
 es w^ith that independence which alone can ren- 
 der them, at the same time, impartial and re- 
 spectable. They are there badly paid, and hold 
 their office but for one year. 
 
 A more striking defect in this respect, exists 
 in the judicary system of the state of New York. 
 It is declared by the constitution of that state, 
 that every judge becomes incapable of fulfilling 
 his official functions, after sixty years of age. In 
 England as in other countries, the contrary opin- 
 ion prevails, that a judge of sixty years of age, 
 is in the full vigour of his usefulness. But the 
 legislators of the state of New York think dif- 
 ferently, without suspecting that they thereby 
 
92 
 
 calumniate the intellectual faculties of their 
 countrymen. 
 
 It may be said in general, that judges are held 
 in great and merited consideration in the United 
 States. 
 
 We could easily produce a list of judges, as em- 
 inent by their virtues as by their talents, taken in- 
 differently from all the states of the union. But 
 since it is impossible to do justice to each, it is 
 better to omit them all. 
 
 The profession of the law, is also held in high 
 estimation, and excites a preponderating influ- 
 ence in the conduct of public affairs. One sin- 
 gle fact will serve to remove all doubt on the 
 subject. Of the forty-eight members now com- 
 posing the senate of the United States, thirty- 
 six are lawyers by profession. 
 
 The same considerations of prudence, which 
 did not permit the author to speak of the judges 
 individually, prohibit the mention of the most 
 distinguished lawyers of the country; and this 
 involuntary silence is preserved the more reluc- 
 tantly, as he is happy enough to count among them 
 some tried friends. 
 
93 
 
 CHAP. II. 
 
 PENITENTIARIES, 
 
 A SKETCH of this branch of the criminal juris- 
 prudence of the United States of America, will 
 complete what we proposed to say concerning 
 the penal legislation of that country. The great 
 popularity of the Penitentiary system among en- 
 lightened Americans, and the brilliant results 
 anticipated from it in the beginning of the ex- 
 periment, but which experience has so badly jus- 
 tified, have induced the author to devote a sepa- 
 rate article to the subject. 
 
 The philanthropic sentiments prevailing in 
 Europe, and of which the writings of Beccaria 
 and Howard were but the first expression, found 
 public opinion in the United States not only wil- 
 ling to receive them, but to make an experiment 
 of every suggestion which these celebrated de- 
 
94 
 
 fenders of suffering humanity had advanced, 
 either for the improvement of criminal jurispru- 
 dence, or for the reform of prisons. 
 
 This spirit of benevolence soon manifested it- 
 self in the United States, by innumerable publi- 
 cations, recommending, in pathetic terms, the 
 abolition of capital punishment, except in cases 
 of extraordinary atrocity. 
 
 In all, it vv^as assumed as an admitted princi- 
 ple, and consequently indisputable, that the chief 
 tendency of a law ought to be to prevent and 
 not to punish crime. To this general proposi- 
 tion, the evidence of the correctness of which is 
 perhaps not sufficiently demonstrated, the scru- 
 ples of conscience of some religious sects, and 
 more especially thequakers, soon added another, 
 more general and important in its character. It 
 aimed at contesting the right of capital punish- 
 ment altogether. To the Creator alone, said 
 they, does it belong to dispose of the life of man, 
 as his proper work. 
 
 Such sentiments meeting with scarcely any 
 opposition, the punishment of death, except in 
 cases of premeditated murder, was abolished 
 successively in all the states of the union. 
 
95 
 
 It is doutbful, whether this triumph of phil- 
 anthropy served to diminish the number of crimes 
 superinducing capital punishment. However, 
 it is certain that the number of prisoners, with- 
 out reference to their particular crimes, always 
 increased, notwithstanding the mildness of their 
 criminal laws, and the deep sentiment of human- 
 ity with which they are administered in the 
 American courts of justice. 
 
 Without pausing here to examine the causes 
 of this moral phenomenon, causes difficult to de- 
 signate with precision, and which it is better to 
 leave to the research of American philanthro- 
 pists, the author cannot refrain from apprising 
 the reader, that nothing is further from his mind 
 than the idea of attributing the augmentation of 
 crimes in the United States, to the greater leni- 
 ency of their criminal jurisprudence. In his 
 opinion, this melancholy result is owing, in a 
 great measure, to the extreme facility with which 
 either pardon or commutation of punishment is 
 obtained; a facility which deprives penal laws of 
 that salutary terror, without which, they are no 
 better than a dead letter. 
 
96 
 
 The increase of crime, and consequently the 
 number of persons confined in the public prisons, 
 ultimately attracted attention throughout the 
 United States. They imagined they had detect- 
 ed the cause in the faulty organization of the in- 
 ternal police of their public prisons, and have ever 
 since been engaged in endeavouring to remedy 
 the defect. 
 
 Such was the origin of Penitentiaries in 
 America, in 1790. The state of Pennsylvania 
 was the first to introduce them, and the rest of 
 the states of the union soon followed her exam- 
 ple. The quakers exerted their activity and 
 influence with equal zeal and success, to place 
 these establishments on their present footing. 
 According to this new plan, Penitentiaries were 
 to have a double object — to punish crime and 
 reform the criminal. On one hand, they sought 
 to rid society, without effecting a great diminu- 
 tion in the labour required by its wants, of every 
 individual who had transgressed the civil or crim- 
 inal law. On the other, they wished the crimi- 
 nals, condemned to a longer or shorter confine- 
 ment in proportion to the degree of their offences, 
 in expiating them by the temporary loss of their 
 
97 
 
 liberty, to contribute, by the product of their 
 labour, both to the reimbursement of the expen- 
 ses of their imprisonment and the accumulation 
 of the means of an honest livelihood, to be given 
 them at the expiration of the term of their pun- 
 ishment. 
 
 The humanity of these reformers of prisons, 
 had scrupulously provided for all the real wants 
 of the prisoners with a profusion of charity, 
 that has since proved one cause of the ill suc- 
 cess of this philanthropic enterprize: for it is no- 
 torious, that the daily support of convicts in the 
 principal penitentiaries of the United States, al- 
 ways was, and is to this moment, superior to that 
 which the greater part of the honest mechanics 
 of the country can procure by their labour. 
 
 Solitary confinement, as the last degree of se- 
 verity, and which, in many cases, was to super- 
 sede capital punishment, was at different periods 
 inflicted on prisoners whose crimes were not of 
 a very heinous description, but whose conduct 
 was indocile and turbulent. 
 
 By these united expedients, they flattered 
 themselves that the double end of these new 
 kind of prisons could be accomplished; that is to 
 13 
 
98 
 
 say — the punishment of crime, and by the re- 
 form of the criminal, the prevention of its recur- 
 rence. 
 
 A third advantage promised by this system, 
 was its economy. In fact, the idea of having 
 prisons, the expenses of which would be defray- 
 ed by the labour of the prisoners themselves, 
 and without cost to the state, was the more se- 
 ducing as it was connected with hopes of a high- 
 er kind of usefulness, which had public morality 
 for its object. The first effects of this system of 
 imprisonment appeared to confirm the hypothe- 
 ses on which it was founded. Penitentiaries as- 
 sumed the appearance of spacious work-shops, 
 from which issued every kind of workmanship, 
 of the most perfect execution. 
 
 But when, at the end of some years, they be- 
 held the number of prisoners augment, and the 
 expenses of these establishments more and more 
 exceed the receipts — when they discovered 
 among the prisoners, persons who had before 
 undergone the same punishment, a suspicion 
 arose that there was some error in the course 
 until then pursued in regard to them* 
 
99 
 
 Witliout accumulating facts in support of this 
 assertion, we will confine ourselves to extracts 
 from the official report of the inspectors of the 
 penitentiary in Philadelpliia, for the year 1819. 
 Towards the end of that year, it contained four 
 hundred and sixteen prisoners. Of this number, 
 seventy-three had been twice imprisoned in that 
 institution; twenty-five three times, seven four 
 times, and two five times. The same result oc- 
 curred in other States which had adopted the 
 penal system of Pennsylvania. 
 
 The insurrection of the prisoners in the differ- 
 ent penitentiaries, but more especially the insur- 
 rection of 1820 in Pennsylvania, dissipated the 
 illusion of the public. It is now agreed in 
 the United States, that the experiment has com- 
 pletely failed, and that important modifications 
 are indispensably necessary in the organization 
 of penitentiaries. 
 
 Among the causes which have brought about 
 this sad result, the following are generally admit- 
 ted. 
 
 1st. The want of a proper classification of 
 the prisoners. 
 
100 
 
 Hundreds of prisoners, shut up in the same 
 prison, although for crimes infinitely various in 
 their character and enormity, are employed in 
 different species of labour, but are crowded pro- 
 miscuously in the same place. At night thirty 
 or forty sleep in one room. 
 
 In consequence of such an arrangement, the 
 discipline of penitentiaries, far from awakening 
 in the minds of the convicts a disposition to re- 
 pent, on the contrary confirms them in their vi- 
 cious habits. Hardened malefactors teach the 
 novices crime, and in this way a prison, intended 
 to reform its tenants, becomes by their intercourse, 
 a Lancastrian school for mutual instructions 
 in vice. 
 
 It is however just to remark, that this want of 
 classification of the criminals is almost irreme- 
 diable, unless you consent to allow a very large 
 space for this institution and consequently very 
 expensive dimensions to the buildings. 
 
 %dly. The facility with which criminals con- 
 demned to a long confinement^ obtain either the 
 remission or commutation of their punishment. 
 
 That this cause really prevails, and that it is 
 pernicious in its influence on public morals, is so 
 
101 
 
 notorious and well established a fact, that no en- 
 lightened American would surely deny its exist- 
 ence. 
 
 Among the political rights reserved by the se- 
 veral States of the union to themselves, is that 
 of pardoning. This beautiful prerogative of ex- 
 ecutive power is exercised, not only by the pres- 
 ident of the United States, but also by twenty- 
 four governors or chief magistrates, each within 
 the limits of the territorry of his own state. And 
 it will not appear astonishing that they grant 
 it with so much readiness, when it is known, 
 that there are some governors, like the governor 
 of Ohio, whose whole executive authority is com- 
 prised in the power of pardoning. 
 
 3d. The luxury of charity^ if we may be alloiv- 
 ed the expression^ with which they usually pro- 
 vide for the subsistence of prisoners. 
 
 This fact is likewise beyond all contradiction; 
 and the author of this article has had, upon more 
 than one occasion, an opportunity of convincing 
 himself of it, by the testimony of his own eyes. 
 Such mistaken philanthropy essentially contrib- 
 utes to divest punishment of its ejBScacious terrors. 
 
102 
 
 However, they begin to retrench this prodigali- 
 ty, and to discover, that a prison ought never to 
 be a house of comfort, but of affliction and pen- 
 itence, and that, in regard to the prisoner, jus- 
 tice should never furnish him with superfluities, 
 but be contented with simply sparing him use- 
 less privations. 
 
SECTION rOVRTK. 
 
 STATE OF SOCIETY. 
 
 In order to form an idea of the present state of 
 society in the United States, it is necessary to 
 premise that it is the result of civilization, as 
 ancient as that of England, but appUed to a 
 country comparatively very new. The effect 
 must consequently be very different from that 
 w^hich we behold in the old states of Europe, 
 where, to use such a phrase, civilization has fol- 
 lowed, and not as in the United States, preceded 
 the cultivation of the soil. The history of the first 
 colonization of North America is well known. 
 We are apprised that the founders of the colo- 
 ny at New Plymouth, in Massachusetts, which 
 was commenced in the beginning of the seven- 
 teenth century, were men who had left their 
 own country to evade the religious and political 
 
104 
 
 persecution to which they were exposed io 
 England. These, in point of civilization, were 
 on a level with society as it existed at that peri- 
 od in Europe. The same may be said of the 
 followers of William Penn, who peacefully set- 
 tled themselves in Pennsylvania, about the year 
 1682. And, although the founders of a colony 
 on the shores of Virginia, established a few years 
 before those of Massachusetts, Pennsylvania and 
 Maryland, were, in their origin, an assemblage 
 of adventurers eager to acquire riches, rather 
 than an association of peaceful and industrious 
 persons, it is not the less true, that they enjoyed 
 a degree of civilization proportionate to the re- 
 spective trades and professions which they fol- 
 lowed in their native land; and in a degree already 
 sufficient to render them much superior to the 
 aboriginal inhabitants of this vast continent. It 
 is assuredly to civilization, that we must attri- 
 bute, not only the vigorous resistance which 
 they made against the attacks of the natives of 
 the soil, who were much more numerous and 
 warlike than the colonists themselves; but also 
 their rapid and constant progress in the improve- 
 
105 
 
 ment of their mode of life, the final result of 
 which has been the political existence of the 
 United States of America. 
 
 ''Knowledge^'' says Bacon^ Hs power,'' This 
 maxim has never perhaps been better demon- 
 strated than by the history of the colonization 
 of North America; an enterprise the more re- 
 markable, as it is owing to the courage and ef- 
 forts of a few individuals, and not, like the con- 
 quest of Mexico and Peru, to the immense re- 
 sources of the most powerful monarchy of its 
 time. 
 
 In proportion as the colonists, opposed in the 
 commencement by local difficulties, acquired 
 consistency, their relations with England be- 
 came more and more important. The identity 
 of manners, and above all, of language, enabled 
 them to follow, at a certain distance, the mother 
 country in her career of civilization. This 
 double identity at least prevented them from re- 
 lapsing into ignorance. The presses and work- 
 shops of England, laboured alike for the colonies 
 and the inhabitants of the three kingdoms. The 
 fruits of all discoveries in the sciences, arts and 
 trades, were immediately transmitted to the eol- 
 14 
 
106 
 
 onistsof North America. It cannot be denied but 
 that the intimacy of these relations, had an im- 
 portant agency in preventing the formation of a 
 national character; but it is nevertheless certain, 
 that this very intimacy of relation and interest, 
 contributed powerfully to develop the natural 
 resources of the countiy, and accelerate the 
 epoch of its political emancipation^ 
 
 These reflections appeared necessary to elu- 
 cidate the principal fact asserted, that the coun- 
 try is new, but Us civilization is old; and as it will 
 soon be seen, they were not irrelevant to the 
 subject of which we are about to treat. 
 
 By the state of society, is commonly under- 
 stood, the state of manners, customs, intelli- 
 gence and mode of life of the inhabitants of a 
 country; or in other words, the aggregate of 
 their physical and moral existence. 
 
 We have already stated, that the first Euro- 
 pean colonists, who sought an asylum on the 
 shores of North America, belonged to a civilized 
 class of men. Their settlements, so feeble in 
 their origin, were not slow in improvement. 
 After having repelled the attacks of the Indians, 
 who, being the primitive possessors of the soil 
 
107 
 
 €ould not behold without alarm, the appearance 
 of a foreign race in their neighbourhood, the 
 colonists gradually, extended a domain, which 
 they had either wTested from the natives by main 
 force, or as in the negotiations between them 
 and William Penn, obtained by amicable ar- 
 rangement. 
 
 The limits of the colonies advancing further 
 and further towards the west, in proportion as 
 the Indians retired, at length reached the base 
 of the Alleghany mountains. This barrier was 
 soon surmounted, and the settlements follow- 
 ing closely the foot steps of the retreating In- 
 dians, attained the banks of the Mississipi: 
 and in these later times, after crossing this great 
 river, they have travelled on to the banks 
 of the Missotari, and even to the shores of the Pa- 
 cific Ocean. 
 
 So rapid an extension of territory over a coun- 
 try, until then a stranger to every species of cul- 
 ture, necessarily wrought a considerable change 
 in the manners of the colonists as well as in their 
 mode of life. Those among them who prefer- 
 red remaining in maritime cities, which they saw 
 flourishing after having witnessed their founda- 
 
108 
 
 tion, retained the longest their primitive traits 
 of character. The reason is simple; they lived 
 with persons, the greater part of w^hom, came 
 from the same country, and who professed the 
 same political and religious opinions. Migra- 
 tion alone could operate on their manners but 
 a slight change, which for a long time, must ne- 
 cessarily have been imperceptible, because it 
 could only arise from the natural effects of a 
 new climate, and an unlimited democratical go- 
 vernment, substituted for the dominion of a con- 
 stitutional monarchy. Other colonists, whom 
 the spirit of adventure and the love of gain had 
 urged into the interior of the country, suddenly 
 found themselves exposed to all the inconvenien- 
 ces of a solitary life in the midst of a wilderness. 
 Deprived of immediate neighbourhood, they 
 passed the first years of their removal in painful 
 and unwholesome labour, at one time felling 
 trees for the construction of dwellings, at another 
 breaking the unfurrowed soil, the fertility of 
 which was counterbalanced by febrile exhala- 
 tions, peculiar to new lands, impregnated with 
 decomposed vegetable matter. Whole months 
 passed away without these inhabitants of the 
 
109 
 
 forests seeing other human beings than their fam- 
 ilies. Such isolation naturally hardened their 
 character, and imparted to their manners some- 
 thing of the savage nature by which they were 
 surrounded. When at length population, allured 
 by the richness of the soil increased around them, 
 and gave them neighbours, equally deteriorated 
 in regard to civilization; vvhen political and civil 
 laws began to operate in the midst of these grow- 
 ing societies, great difficulties were encountered 
 in their execution, from men accustomed to en- 
 joy an unbounded independence, and to give full 
 sway to their passions. Roughness of manner 
 became the greater among these half civilized 
 and half savage men, as the religious sentiments 
 they might have carried with them into the for- 
 est, gradually, for want of nourishment, lost all 
 empire over them; for it is obvious, that a very 
 considerable time must have elapsed, before the 
 population of these new countries could have ar- 
 rived at that degree of denseness in which the 
 want of any kind of worship whatsoever is felt. 
 This observation is especially applicable to a 
 country, the fundamental laws of which do not 
 
110 
 
 allow auy national religion, and experience has 
 proved, that among the states composing the 
 American union, it is in those of more recent 
 existence, that the elections are most tumultu- 
 ous, party spirit most virulent, and individual 
 contests most bloody. 
 
 To find the class of men vs^hom w^e have just 
 pourtrayed, we must unquestionably traverse the 
 United States in its whole breadth from east to 
 west, and reach the borders of the Missouri and 
 Arkansaw. Every where civilization is seen 
 rapidly advancing towards perfection. But it is 
 not less true, that to this hour, there are in some 
 parts of the country, men who are savage in 
 their manners and mode of life, and, at the same 
 time, civilized in regard to industry and a know- 
 ledge of the mechanic arts. These, who have 
 been ingeniously AenoxainBieA pioneers of civili- 
 zation^ are the origin of the population of the 
 numerous states on the borders of the Ohio, the 
 Mississippi, the Indiana and the Illinois rivers. 
 
 To a traveller, however little accustomed to 
 observe what is passing around him, the interior 
 of the United States offers undeniably a most in- 
 teresting spectacle. On leaving the maritime 
 
Ill 
 
 cities, where all the conveniences of life have been 
 carried to a high degree of refinement, he sees them 
 insensibly diminish, and civilization grow fainter 
 and fainter, in proportion as he advances westward. 
 
 After having left splendid and prosperous 
 cities, and travelled for some time, he arrives at 
 regions where the footsteps of the first civi- 
 lized settlers (if I may he allowed the expres- 
 soin) are yet imprinted on the soil. At length 
 he finds himself in thedepths of forests, until then 
 visited only by Indian hunters, and among whom, 
 at long intervals of space, he here and there re- 
 cognizes colonists, but lately arrived with their 
 families, who have no other dwellings than their 
 wagons, and scarcely any other food than the 
 salt provisions they brought with them. — 
 Thus, in travelling through the interior of the 
 United States, in the course of a few weeks, you 
 may ascend and descend the scale of civilization. 
 
 The English character may be distinctly seen 
 in all the customs of the inhabitants of that coun- 
 try. The construction of their houses, their 
 dress, food, and even amusements are the same 
 as in England, excepting those stronger or weak- 
 er shades of difference, which local circumstan- 
 
1V2 
 
 ces and the nature of a government purely de- 
 mocratical, necessarily impress on the character 
 and habits of the North Americans. To these 
 natural affinities, we may add the identity of 
 language, the influence of which is more felt 
 than that of any other; and we may then easily 
 understand, how the moral sympathies prevail 
 over the political antipathies which exist, in a 
 signal degree, between England and the United 
 States. England is not generally beloved by the 
 people of the United States; yet the English are 
 better received than any other foreigners, espe- 
 cially when they bring with them the air and 
 manner which characterize a good education. 
 Among the shades of difference between the 
 English and American manners, the first which 
 strikes the eye is a comparative want of cleanli- 
 ness in the latter. This deficiency arises from 
 various local causes. 
 
 In the northern, middle and western states, 
 where the influence of slavery is but faintly 
 visible, the dearness of every species of labour 
 affecting all domestic services, renders them 
 sometimes insufficient for the maintainance of 
 great cleanliness in the interior of the houses- 
 
113 
 
 Wherever the law sanctions or even tolerates 
 slavery, uncleanliness is in some measure incur- 
 able, because it is the inevitable result of that so- 
 cial disease. What traveller in passing through 
 the American colonies, has not felt surprised at 
 the difference, in point of cleanliness, between 
 those states in which slavery exists, and those in 
 which it is abolished. It might be said that in 
 the former, the blacks who execute all domes- 
 tic services, communicate their colour to every 
 thing they touch. 
 
 However, it is proper to observe, that the pre- 
 ceding remarks apply particularly to inns, tav- 
 erns and other public places which are mo«t apt 
 to attract the notice of a traveller. For the nous- 
 es of the better classes of society, not only in 
 the maritime cities, but also in the interior of the 
 country, exhibit a degree of cleanliness which 
 scarcely leaves any thing to be desired. 
 
 In the eastern and in some parts of the mid- 
 dle states, even the labouring classes are so re- 
 markable for their cleanliness, that we should 
 seek in vain for the same degree in more than 
 one country of Europe, 
 15 
 
114 
 
 The daily dress of the Americans differs alstr 
 from that of the English in heing less neat. The 
 Americans are too much occupied with their 
 business, which, in consequence of the dearness 
 of labour and the value of time, would be de- 
 ranged by neglect, to permit them to devote the 
 same degree of attention to the toilet as is cus- 
 tomary in England. 
 
 It is for the same reason that they do every 
 thing in a hurry, even to eating their meals, 
 which, under different names, they take four 
 times a day. When Sunday comes to suspend 
 the general bustle, the streets of the large cities 
 and public places, are filled with loungers, who 
 pass their time in gazing at passengers, to whom 
 they invariably communicate the ennui with 
 which they themselves are oppressed. 
 
 The rudiments of knowledge being very gen» 
 erally diffused throughout the United States, it 
 is not usual to meet, even in the labouring class, 
 with persons who are ignorant of riding, writ- 
 ing and arithmetic. English travellers ac- 
 knowledge that their language, as it is spoken by 
 the generality of the inhabitants of the United 
 States, is purer and more correct than in the 
 
115 
 
 mother country, where each province, or in oth- 
 er words county, differs from the rest by its pe- 
 culiar dialect. But if after having made this 
 concession, we proceed to the examination of 
 the state of the arts and sciences, at the first 
 glance we discover, that as regards them, the 
 country is still far behind Europe. 
 
 The price of labour and time concur in pro- 
 ducing such a result. This assertion requires 
 explanation. We know that the population of 
 the United States, since the period of their inde- 
 pendence, has constantly increased in a propor- 
 tion almost unexampled. But the extension of 
 their territory has advanced in a still more rapid 
 progression; to be convinced of which, it is on- 
 ly necessary to consult the map of the United 
 States, such as they were in 1783, and after- 
 wards that which has just been published for 
 the use of schools. The first effect of so vast 
 an accession of territory, has been the dispersion 
 of a number of men over an immense surface. 
 
 A considerable amount of capital of course took 
 the same direction, and its accumulation in the 
 great maritime cities was retarded. 
 
116 
 
 I am far from wishing to deny, that the Em- 
 ployment of capital in clearing new lands, might 
 be, after all, most favourable to the future pros- 
 perity of the country; but on the other hand it 
 must be admitted, that such a state of things can 
 but little promote the cultivation of letters, the 
 fine arts, and all the other branches of learning 
 which constitute the intellectual domain of man. 
 
 This degree of civilization requires a class of 
 individuals who possess leisure and means of 
 subsistence independently of labour; and it is ev- 
 ident that such a class of persons must be very 
 small, (not to say that it has no existence) in a 
 country, where agricultural industry, as is the 
 case at this moment, engages so large a portion 
 of the general population. 
 
 The civil legislatures of all the states of the 
 union disown the rights of primogeniture and 
 all species of estates tail. ^ To proscribe such in- 
 stitutions in a new country, immense in its ex- 
 tent, and democratically constituted, is undoubt- 
 edly wise; but it is incontestible, that the con- 
 tinual subdivision of estates and their constant 
 
 * See note E. 
 
117 
 
 dispersion over a vast and thinly populated territo- 
 ry, must, by the difficulties attendant on them, op- 
 erate prejudicially on learned institutions, when- 
 ever a permanent revenue is to be raised far their 
 maintenance. 
 
 Nevertheless, it is an act of justice which can* 
 not be refused to the various governments of the 
 American confederation, to declare, that in eve- 
 ry thing that concerns the progress of knowledge, 
 they manifest an emulation which cannot be too 
 highly praised. The North Americans, so divided 
 among themselves in their political opinions, all 
 concur in the necessity of encouraging public 
 education, as one of the most powerful supports 
 of a republican government. In all the states 
 of the union, public lands have been appropriat- 
 ed to the support of public schools,* and wher- 
 ever population and its moral wants have shown 
 a necessity tor a higher species of instruction, 
 as in the eastern and middle states, public reve- 
 nue has been brought to the assistance of the es- 
 tablishment of colleges and universities, in which 
 education embraces all the branches of human 
 knowledge. 
 
 Bee note F. 
 
118 
 
 Among the latter, the university of Cam- 
 bridge in Massachusetts, Hartford and Yale in 
 Connecticut, the universities of New York and 
 Philadelphia, are justly entitled to the first rank 
 by the celebrity of their professors, and the 
 number of young men whom they have sent 
 forth with an education as extensive as solid. 
 
 The number of colleges is much greater- 
 each state possesses at least one, many two, 
 or even more. As to the elementary schools, 
 they are scattered over the whole surface of the 
 United States,* and in traversing the western states, 
 it is not unusual to meet with huts, where, for 
 want of a better place, the children of the neigh- 
 bourhood, are instructed in the first rudiments of 
 science. 
 
 A high degree of intellectual cultivation ex- 
 ists, among their distinguished lawyers, physi- 
 cians, ecclesiastics and merchants. It has given 
 the first a preponderating influence in the con- 
 duct of public affairs; and it may be asserted, 
 without fear of contradiction, that the govern- 
 ment of the United States is entirely in the 
 hands of the lawyers; a consequence natural 
 enough, and which could scarcely be otherwise 
 
119 
 
 in a country where a talent for public speaking 
 is incessantly in demand. 
 
 In those states of the union, in which negro 
 slavery is sanctioned by law, and where conse- 
 quently all labour is performed by that hetero- 
 geneous race, we frequently find, among the op- 
 ulent planters, men accomplished in education 
 and manners. We can account for this circum- 
 stance by remarking, that these planters, reliev- 
 ed by their slaves from all the grosser details of 
 rural and domestic economy, have more leisure 
 to devote to the study of the useful and orna- 
 mental sciences, than citizens of states in which 
 slavery does not exist. Besides, they associate 
 among themselves exclusively, entirely separate 
 from the negroes, who, from this very fact, are 
 assimilated to other domestic animals; although 
 in Virginia, South Carolina, and some other 
 states, the proportion of blacks amounts to one 
 half of the population, and in Louisiana to even 
 more. In this way, the rich living among them- 
 selves, reciprocally improve each other in civili- 
 zation; whilst elsewhere the whole population, 
 or at least the great majority of it, being com- 
 posed of free citizens^ the relations between the 
 
1^0 
 
 rich and poor are materially modified by a spirit 
 of equality, and the continual tendency of proper- 
 ty to subdivision. If this tendency exist like- 
 wise in states tolerating slavery, at least proper- 
 ty is retained in the same class; whilst elsewhere 
 it is distributed throughout all ranks of society. 
 But this advantage enjoyed by the southern plant- 
 ers, is almost counterbalanced by the moral in- 
 fluence of slavery over those who profit by it. 
 It has been asserted in congress, that slavery 
 is favourable to liberty in a republic, by the 
 striking contrast it constantly offers to the view 
 of free citizens. Thus, said they, the degradation 
 of the Helots fostered the enthusiastic love of lib- 
 erty which formerly distinguished the Spartans. 
 Such reasoning is more specious than just. 
 The human race is endowed with moral and 
 physical faculties which are weakened and de- 
 stroyed by the want of proper application and 
 regular exercise. For, when to satisfy the wants 
 and humours of one class of men, it is only re- 
 quisite to perform a simple act of volition on 
 the physical activity of another, it is certain that 
 the former will more and more be attached to 
 their own personal ease: at the same time it is 
 
121 
 
 not less true that from time to time, they will 
 contract habits of indolence and effeminacy, 
 which will exert a pernicious influence on their 
 moral and physical faculties. 
 
 This effect, this influence is perceptible in 
 all the states in which slavery obtains. And 
 if, among the members of congress a considera- 
 ble number of those who represent the southern 
 states are distinguished by a very great fluency 
 of speech, and a certain elegance of manners, 
 yet force of argument and extent of view, have 
 more frequently characterized the members 
 from states in which slavery is not allowed.^ 
 
 By a natural consequence of the subdivision of 
 property, constantly taking place in the United 
 
 *Imust confess that I never could admire the organization of 
 a republic like that of Sparta, (if indeed it ever was a republic,) 
 where thirty thousand free citizens, required forty thousand 
 slaves to perform the labours of their domestic economy. For 
 it is a well established historical fact, that the free Spartans did 
 not cultivate the earth, and that they abandoned to their Helots 
 the mechanic arts and trades, such as they were in those barbarous 
 times. And what did those devoted champions of liberty achieve? 
 Incessantly engaged in murder and pillage, they waged a dead- 
 ly war against their neighbours whom they rendered to sla- 
 very, after having ravaged their lands and destroyed their dwell- 
 ings. 
 
 16 
 
122 
 
 States, there are now but very few hereditary 
 estates, although we frequently meet with very 
 considerable acquired fortunes. This will be the 
 case, as long as the population continues, as at 
 present, to bear so great a disproportion to the 
 extent of ground it occupies; and this want of he- 
 reditary fortunes, can be perhaps attributed to 
 no other cause, than the absence of a class of 
 men, so common in Europe, called men ofleis- 
 tire,^ Too large a class of this description, would 
 undoubtedly be inconvenient, but as long as it 
 remains within proper bounds, it can scarcely 
 be otherwise than very useful, were it only by 
 the encouragement it affords to the sciences and 
 fine arts, and to other liberal pursuits which 
 tend to polish the manners and invest them with 
 external grace. It is only among the planters of 
 the south, that we find persons of sufficient lei- 
 sure to be able to devote themselves to occupa- 
 tions of their own choice. But this advantage 
 is counterbalanced by the insalubrity of the 
 climate, which compels the more opulent to tem- 
 porary migration in the summer season; from 
 which fact it happens, tliat their leisure is pass- 
 
 ^ vSee Appendix, 
 
123 
 
 ed in journies, without any permanent advan- 
 tage to polite literature. 
 
 The greater part of the inhabitants of the mar- 
 itime towns, employ themselves wholly in their 
 private business, wdth, however, less apparent ac- 
 tivity than in Europe, where labour is so minutely 
 subdivided. Among those who boast an accom- 
 plished education, or whom nature has endowed 
 w^ith intellectual faculties of the higher order, pro- 
 found and varied knowledge is frequently met 
 with. On this head we might -cite some pro- 
 fessors attached to different American univer- 
 sities. But it is very rare, if nottosay impossible, 
 to find in the United States, savans or men of 
 letters, whose lives are exclusively devoted to 
 the cultivation of any particular branch of 
 science. Their labours would be compensated 
 neither by pecuniary gain nor even reputation; 
 for although it is very common, and even gen- 
 eral in the United States, to read and write, the 
 ordinary occupations of a majority of the in- 
 habitants of both town and country, do not al- 
 low them more leisure time than is required to 
 run over the gazette of the day or some literary 
 journal. Sunday is occupied in reading pious 
 books. 
 
124 
 
 Independently of the time allotted to labour, 
 a considerable part of the day is consecrated to 
 the conduct of public affairs. — This devotion of 
 time and industry is one of the rigorous condi- 
 tions belonging to republican institutions. With- 
 out pretending to decide, whether it be an advan- 
 tage or a disadvantage, v^e shall merely remark, 
 that the Americans are incessantly called upon to 
 exercise their rights, as legislators, judges, jurors, 
 or ministers of the law. 
 
 There are in the United States, in all the large 
 cities, literary societies, destined not only to af- 
 ford encouragement to, but also to serve as the 
 depositories of the sciences and fine arts. Not- 
 withstanding, the greater part of the members of 
 these associations do little, or absolutely nothing 
 for them. They are like plants that languish 
 from being neglected. Want of leisure is again 
 the cause of their being so little useful^ for al- 
 though those who compose them are enlighten- 
 ed amateurs of letters, they are almost exclusive- 
 ly either rich merchants, lawyers much engar 
 ged in their professional duties, or public ojfficers. 
 
 These voluntary associations for the promo- 
 tion of the fine arts are in a state of extreme 
 
125 
 
 weakness, arising from the want of encourage- 
 ment, of which, they at this moment stand in need . 
 There is scarcely a single American sculptor of 
 any reputation. The Americans are not de- 
 ficient in painters and especially in limners, but 
 unfortunately the state of things in that country 
 obliges them to regard painting in no other light 
 than as a lucrative trade, and not as an art which 
 has conferred great fame on all those who have 
 cultivated it with success. 
 
 Nor is architecture, considered as a branch of 
 the fine arts, more conspicuous in their public 
 edifices. It usually wears a sorry and tasteless 
 appearance. Sometimes you see a light wooden 
 steeple surmounting a very heavy brick building; 
 sometimes a portico in the grecian style, also of 
 wood, stuck against the side of a massive build- 
 ing. 
 
 Mr. Jefferson, formerly president of the Uni- 
 ted States, says somewhere in his Notes on Vir- 
 ginia, that the genius of architecture has pro- 
 nounced his malediction on that country. This 
 may certainly appear extravagant to all who 
 have seen the bank of Pennsylvania in Phila- 
 
126 
 
 delphia, and the capitol of Richmond in Virgi- 
 nia. 
 
 The fact is, that their pubhc edifices univer- 
 sally suflfer from a mistaken economy. The 
 Americans, however, cannot be reproached vsrith 
 avarice as a trait of their character, for they of- 
 tener run to the opposite extreme. But it is 
 certain that they have manifested great parsimo- 
 ny in the employment of their public funds; and 
 this virtue, (for it is one there,) seems to be a 
 natural consequence of their democratical insti- 
 tutions. 
 
 In speaking of the state of the sciences in the 
 United States, justice requires that we should not 
 lose sight of the principal circumstance, which 
 seems to have impeded the progress of indige- 
 nous literature. This is no other than the iden- 
 tity of their language with that of England. 
 At the period of their national independence, 
 the English language was already rich in mod- 
 els of every kind. Consequently, it would have 
 been very difficult for the Americans to have 
 opened a new road in the domain of literature. 
 To this day, the same identity of language, does 
 not allow them to create a national literature; 
 
127 
 
 and thus, all the efforts of genius are, in some 
 measure, restricted to an imitation of foreign 
 models. 
 
 The Americans are generally very hospitable; 
 and notwithstanding the high opinion they en- 
 tertain of themselves, receive strangers w^ith ea- 
 gerness and cordiality, w^ithout examining too 
 scrupulously the letters of recommendation 
 presented to them. In the cities, hospitality is 
 manifested by frequent invitations to dinner and 
 evening parties, which often pave the way for a 
 stranger, to a much more permanent acquain- 
 tance. But where you pay a visit to Americans 
 residing on their estates in the interior of the 
 country, the hospitality, which they extend to 
 you, carries with it an air of frankness and benev- 
 olence quite patriarchal; and the traveller is sure 
 to please his host, by behaving towards him 
 with unaffected civili^, and by humouring his 
 eager curiosity. 
 
 Regarded in their domestic relations, the Amer- 
 icans generally appear good heads of families, 
 attached to their wives and children, and very 
 much devoted to their societv. But the relation 
 between parent and child seems to preserve its 
 
128 
 
 natural strength only until the latter has attain- 
 ed the age of puberty. This observation is partic- 
 ularly applicable to males. They usually quit 
 the paternal roof at j&fteen years of age, for the 
 purpose of prosecuting their studies in some col- 
 lege, from which they go to an university, to 
 complete them. When returned from it, with 
 or without an academic, degree, ihe young men 
 immediately turn their attention to the choice of 
 a profession, and launch into the world to make 
 their fortune, often with means furnished by 
 their families, and oftener with nothing more 
 than a paternal benediction and the brilliant 
 dreams of a youthful imagination. 
 
 It does not unfrequently happen that, after 
 this first separation, the parents never see their 
 children again; especially when the latter seek 
 an establishment in the western states, or aban- 
 don themselves to the dangers of a maritime life. 
 
 Women in the United States enjoy a reputa- 
 tion for morality, which the most violent defam- 
 ers of that country have never dared assail. 
 They assiduously fulfil the duties of wives and 
 mothers. Their deportment is modest, decent 
 and very reserved. Petitions for divorce are not 
 
129 
 
 1 ai e, but they are most generally founded on in- 
 compatibility of temper, and are very seldom on 
 account of adultery. 
 
 It cannot, howevei-, be denied, that in mari- 
 time cities, and even in the metropolis, libertin- 
 ism is carried to a great length by the young 
 men. But the care that is taken to conceal it 
 under the veil of mystery, bears sufficient testi- 
 mony to the fact, that this species of irregularity 
 forms a contrast to the morals of the country. 
 Within a few years only, those mercenary dis- 
 pensers of debauchery, w^ho swarm in the large 
 towns of Europe, have here made their appear- 
 ance in places of public resort; and the time is 
 but lately past, when prostitutes were obliged to 
 hide themselves from public view, and dared 
 not expose their infamous profession in the 
 streets, for fear of being hooted at and grossly 
 insulted. But it must be confessed, that this 
 horror of incontinence has already undergone 
 some change, and the aspect of the cities of 
 America, is not always, in this particular, very 
 favorable to good morals. 
 
 The beauty of the women of the United States j 
 is generally acknowledged. But it is of so frafil 
 17 
 
130 
 
 and transient a character, that a sentiment of 
 compassion immediately mingles itself with the 
 pleasure you experience in heholding the young 
 and numerous American beauties, who assemble 
 together in their evening entertainments. You 
 involuntarily compare them to delicate flowers 
 that wither before the slightest breath of a north- 
 ern wind. The frequent changes in the tempe- 
 rature of the air which distinguish the climate 
 of the United States, exert a fatal influence on 
 the health of the inhabitants and the beauty of 
 the women. 
 
 The Anglo-Americans have been accused of 
 an excessive and even a shocking degree of nation- 
 al vanity. To a certain extent, this reproach 
 may be well founded; for it cannot be denied, 
 that they are not very sparing in the praises 
 they bestow upon themselves on every occasion. 
 But on the other hand, where is the nation with- 
 out vanity? Besides, this national vanity shows 
 itself so often in the United States, because there 
 are there more numerous opportunities for its dis- 
 play, than in any other country. It is inherent, 
 in the nature of a republican government, based 
 on the sovereignty of the people. Who does not 
 
131 
 
 know that of all sovereigns, the sovereign people 
 is most avaricious of praise; and as their suffrages 
 are indispensible to the election either of a su- 
 preme magistrate, an inspector of a market, and 
 even of an officer of a regiment of militia, it 
 follows, that the ambition of the one and avarice 
 of others, singing in chorus, the praises of the sov- 
 reign people, have finished by reducing the per- 
 petual adulation addressed to them, in the speech- 
 es of their orators, and the columns of their ga- 
 zettes, to the simple formula which declares, that 
 the American nation is the most enlightened 
 and virtuous on earth. This assertion may be 
 even found in the annual messages of the pre^^ 
 dent of the United States. 
 
 The vanity of which we speak certainly ex- 
 ists in an equal degree, in other countries; but 
 it is differently and less frequently exhibited, 
 because elections of every kind and political 
 meetings are either of more rare occurrence or 
 have no existence at all. 
 
 The Americans are in general religious. This 
 assertion is more applicable to the inhabitants of 
 the northern and middle states, than to those of 
 the other parts of the Union; for, it is notorious 
 
13E 
 
 that in the southern and western states, an abso- 
 lute indiflerence, in regard to religious matters, 
 is quite common.* Sunday and other great 
 feasts, which are very rare with them, are strict- 
 ly observed by the Americans. An acquaint- 
 ance with, or to speak more correctly, the read- 
 ing of the holy scriptures, is very general in the 
 United States, even among the labouring classes. 
 But the condition of the clergy is far from en- 
 viable. They are subjected to the influence of 
 republican forms, and like the rest of the citi- 
 zens, compelled to go through the ordeal of elec- 
 tion. In the greater portion of the United 
 States the parochial duties of the churches are 
 performed by ecclesiastics, whom the congrega- 
 tion, at whose expense the church has been built, 
 choose from among the candidates presented to 
 them. They receive a fixed salary, and their 
 perquisites amount to very little. A situation so 
 precarious is calculated, neither to excite emula- 
 tion among individuals devoted to an ecclesiasti- 
 cal life, nor to induce young scholars to study the- 
 
 *Nevertheless persons worthy of credit, assure me, that with- 
 in some years past, religious sentiments conformable to the 
 christian doctrine, have gained groimd in Virginia and in other 
 southern states. 
 
133 
 
 ological science profoundly. Hence pulpit ora- 
 tory has not yet shone very brightly in tkd Uni- 
 ted States. Scarcely can we name any Amer- 
 ican divines who have acquired much reputa- 
 tion by their eloquence or writings; and the few 
 that might be adduced, are to be found in Massa- 
 chusetts and Connecticut, where the spirit of 
 religion most'prevails. 
 
 The same spirit of investigation and control, 
 which presides over the political institutions of 
 the United States, would likewise make religious 
 creeds subordinate to human reason. Tolera- 
 tion is there without restriction. Every species 
 of worship is free, and none provided for by the 
 state. Thence results the multiplication of sects 
 to such a degree, that it would be difficult to 
 enumerate them. Having no cause of mutual 
 jealousy, they live in peace with each other, or 
 at most, wage a war of the pen, which does not 
 produce the least sensation in the public mind. 
 
 Contrary to the exclusive spirit which ani- 
 mates their European brethren, the Roman Cath- 
 olics of the United States have willingly acced- 
 ed to this system of absolute toleration. 
 
134 
 
 There are also in the United States, commu- 
 nities of Jews, although inconsiderable in num- 
 ber; and it will without doubt appear strange, 
 that the Jews, participating in all the rights of 
 American citizens, live among themselves with- 
 out the least intermixture with the christians. 
 Some exceptions might be cited, but they are 
 very rare, and the quotation of them would only 
 prove the fact. 
 
 n Of all the religious denominations compo- 
 sing the population of the United States, the so- 
 ciety of friends, so justly celebrated under the 
 title of Quakers^ is most distinguished by the love 
 of order and charity among its members. To the 
 divine principle of universal benevolence, which 
 constitutes the true spirit of Christianity and 
 which they put into practice, is owing the good 
 state of prisons, hospitals and schools; and indeed 
 all the efforts which have been made to civilize 
 the Indians. 
 
 The Methodists^ another very numerous sect, 
 are remarkable by their zeal for the propagation 
 of the christian faith among the Indians and 
 negro slaves. But the sect of Unitarians, or 
 followers of Dr. Priestly, augments most rapidly 
 
135 
 
 at this time. This phenomenon is curious, and 
 we may well be astonished that it can obtain in 
 a country, where human reason is so jealous of 
 its prerogatives. For, the doctrine of the Uni^ 
 tarians or Anti-Trinitarians, is a mixture of faith 
 and philosophical skepticism difficult to be re- 
 conciled. They admit the Bible as the founda- 
 tion of their belief, and then declare that it is un- 
 intelligible to human reason and opposed to it. 
 They acknowledge the divine mission of Jesus 
 Christ, and yet deny the divinity of his nature. 
 
 It is proper nevertheless to state, that this sect 
 counts among its adherents, a great number of 
 individuals, who do honor to the human species 
 by their exalted virtues and the good example 
 they oiaTer to their fellow citizens. 
 
 The writings of Thomas Payne having had 
 a very extensive circulation in that country, 
 have not failed to disseminate deism. But the 
 deists, although they have nothing to fear from 
 the laws, have not yet dared to organize them- 
 selves into a religious community or to open a 
 temple of worship. 
 
 In a word, what is the present state of society 
 in the United Stetes? A civilized population, but 
 
136 
 
 spread over an immense and still new territory. 
 All is in motion and rapidly advances towards a 
 better order of things. But this motion, in con- 
 sequence of the very great disparity between 
 the extent of territory, and the population, is 
 rather physical than moral. Human industry 
 there seems absorbed in the desire of wealth; 
 and they do not think as yet of enjoying their 
 acquisitions. 
 
 Those who seek but for an easy and tranquil 
 existence, vrithout being dependant on any man; 
 those whose situation would induce them to 
 withdraw from unmerited oppression; those, in 
 fine, who only aspire to the lucrative employ- 
 ment of their physical force, with good conduct 
 and sobriety, may easily realize all their hopes in 
 the United States. 
 
 It is, above all, the country for those who are 
 unfortunate and yet possess means of subsistence, 
 or for men without fortune but laborious and 
 temperate. Much time must yet elapse before 
 this country becomes the sanctuary of the sci- 
 ences, the fine arts and those intellectual enjoy- 
 ments which form the charm of society. 
 
137 
 
 Foreigners who have made a long stay in the 
 United States remark, that Europeans who vis- 
 ited them, either through curiosity or belonging 
 to some public mission, rarely become attached 
 to the country, but are for the greater part im- 
 patient to leave it. Is this the fault of the Amer- 
 icans or of the strangers? It is probable that 
 both are to blame. If, as they have been ac- 
 cused, the Americans are conceited and selfish, 
 on examining the matter more closely, we shall 
 perhaps find, that the Europeans on their part, 
 exact too much. 
 
 In terminating this sketch, we admonish the 
 reader not to expect to find a portrait of the Uni- 
 ted States resembling the original in all its de- 
 tails. Such a task would require considerable 
 time for the collection of materials, as well as 
 that philosophical quickness of perception, be- 
 stowed by nature on her favorites alone. The 
 author is satisfied with uniting in this compo- 
 sition, the characteristic traits of a country in- 
 teresting in many respects, and little known to 
 Europe. He is not sure of having been always 
 accurate, but he has endeavoured to be impar- 
 tial; and hopes that the Americans will not re- 
 proach him with voluntary error. 
 18 
 
APPENDIX, 
 
 --^ge^ 
 
 NOTE A. PAGE 9. 
 
 This charter was granted by Charles the se- 
 cond, in the fourteenth year of his reign, and it 
 remains unchanged, except the alterations ne- 
 cessary to make the judicial processes and the 
 oaths of office and allegiance conformable to the 
 principles of the revolution. The constitution of 
 Rhode Island is one of those, in which, as the 
 author observes, the democratic ingredient seems 
 most to prevail, and is a striking illustration of 
 his remarks, that our contest with England was 
 more for political freedom than civil rights. It 
 was for both, indeed; for a surrender of the 
 former, would have endangered the latter. 
 
 NOTE B. PAGE 14. 
 
 At the time of the compilation of his work, 
 Mr. Seybert was a member of congress from 
 Pennsylvania, and fully availed himself of the 
 ample means in his power of rendering it au- 
 thentic and complete. 
 
140 
 
 NOTE C. PAGE 35. 
 
 The existence of slavery among us, is to be at- 
 tributed to the British government, and not to 
 us. The colonies, which now compose this na- 
 tion, remonstrated against its introduction; but 
 it was insisted on in Europe, because it was be- 
 lieved that the mother country would profit by 
 the labours of the blacks. 
 
 By their great increase, and large infusion in- 
 to the mass of society in some of the states of 
 this confederacy, our situation has become full 
 of difficulty and peril. Every man among us 
 that reflects, is alive to the importance and deli- 
 cacy of the subject. The injurious tendency of 
 slavery, so visible in the South,- — its inhumani- 
 ty, — its contradiction of our acknowledged prin- 
 ciples and boasted institutions, — the danger of 
 oppressing a mass of human creatures, becoming 
 every day more enlightened and consequently 
 more powerful, restless and resentful, — are better 
 understood and more properly felt in this, than 
 they can be in any other countrv. 
 
 A thousand schemes have been devised of 
 amelioration and relief. But the great diversity 
 of opinion has been injurious, as it always is, to 
 the successful prosecution of any. Many of the 
 projects, inadequate perhaps to their object^ 
 were twharted by the opposition of liberal and 
 philanthrophic persons; and others, more feasi- 
 ble, by the selfish, timid, narrow minded and jeal- 
 ous. Public opinion is manifestly in favour of 
 
141 
 
 the adoption of some plan; and certainly an im- 
 perfect one, is better than none at all. 
 
 The idea of manumission, however gradual, is 
 justly rejected. Free blacks are a greater nuis- 
 ance than even slaves themselves. As long as 
 they remain, they should be held in bondage; for 
 they can never amalgamate with us, nor be ad- 
 mitted to the privileges of citizens, but must be 
 for ever a subordinate and degraded cast. Such 
 a mockery of freedom would be worse than sla- 
 very: it would not more contribute to their hap- 
 piness, and yet endanger ours. 
 
 Brilliant hopes were, for a short time, inspired 
 by an invitation to our free blacks from the gov- 
 ernment of Hayti: but they have been utterly 
 disappointed. The reservoir itself would have 
 been too small to contain them all, even if it 
 had not been prematurely closed, by the prejudi- 
 ces of the Haytiens and the caprice and arbitra- 
 ry character of their rulers. A great number of 
 the North American blacks, who took refuge 
 there, have returned to our shores. They found 
 a foreign language, a disordered and ignorant so- 
 ciety, intolerant notions of religion, and a despo- 
 tic government. 
 
 It is now generally admitted, that if we w4sh 
 to remove our coloured population, we must pro- 
 vide them with a home and country, where they 
 may speak their native tongue, enjoy under 
 our protection the republican institutions they 
 have learnt from us to appreciate, and be a homo 
 genious nation. 
 
142 
 
 Some of their zealous and even enlightened ad- 
 vocates, have recommended, that they should he 
 conveyed (as rapidly as they may he emancipa- 
 ted in the natural course of things.) to the north 
 west coast of America, and there established as 
 an independent people. This project, which does 
 not effectually separate them from us, and is the 
 most laborious and expensive, has nothing to re- 
 commend it but the sincerity and zeal in which 
 it was conceived, and which were determined to 
 manifest themselves in so holy a cause, by form- 
 ing some design for its promotion. 
 
 The only plausible scheme that has yet been 
 devised, is the removal of the blacks to Africa. 
 It is supported by a vast majority of those who 
 have turned their attention to the subject, and 
 has met the approbation of some of our wisest 
 and most distinguished statesmen. A territory 
 has already been there provided, for their recep- 
 tion, by the American colonization society; and 
 the colony, though unfortunate in its infancy, 
 like all settlements in new and unknown coun- 
 tries, has since enjoyed a more prosperous exist- 
 ence than any of the early and similar estab- 
 lishments on the coast of America. This terri- 
 tory, called the Montserado, was purchased from 
 the native tribes in December of 1821, and has 
 since been furnished with inhabitants, occasion- 
 ally and at irregular periods, at the expense of 
 the society. The population now amounts to 
 about four hundred. — If the means at the com- 
 mand of the society were greater, emigration 
 
148 
 
 would be regular and rapid; for the blacks man^ 
 ifest a decided preference and strong inclination 
 for that course. When the society of Friends, of 
 North Carolina, came to a determination recent- 
 ly of manumitting all their slaves, and gave them 
 the choice of the place to which they would be 
 conveyed, at least two thirds selected Africa. 
 Most of the others preferred Hayti; and a few, 
 the non-slaveholding states of the west. But 
 little, however, can be effected by a revenue of 
 only ten thousand dollars, derived from the vol- 
 untary fluctuating and uncertain contributions 
 of charitable individuals and societies. Nothing, 
 indeed, can be done by means so slender, but to 
 lay the foundation of a colony, and from the 
 practicability of the scheme. 
 
 This has been amply done; and the projec- 
 tors and promoters of the work look for its com- 
 pletion to the general government or the states. 
 The former may be deterred, by the morbid- 
 ness on this subject of the southern members of 
 iiie union, from lending its assistance further 
 than hitherto; that is, than maintaining a vessel 
 of war on the coast of Africa, for the suppression 
 of the slave-trade, and fostering the village it 
 has established for the reception of recaptured 
 Africans. But it is highly probable, that many 
 of the latter will give it their effectual support. 
 
 It is a scheme of the most national and philan- 
 thropic character. It comprises every kind of char- 
 ity, the most permanent and enlarged. The ad- 
 vantages to us are obviousj to humanity, not les3 
 
144 
 
 so; to the blacks, equally; to Africa, immense* 
 We rid ourselves of a deadly and growing evil 
 and foul reproach, and open a wider field for the 
 increase and industry of our fellow-citizens. We 
 provide a home for the colored man, where he 
 may enjoy the happiness and freedom that Pro- 
 vidence has granted us. We plant the banners 
 of civilization and the gospel on the shore of Afri- 
 ca; whence they may effect their mild and grad- 
 ual conquest of the entire continent, and com- 
 pensate it for the miseries heretofore inflicted. 
 
 Whether the colored population of the whole 
 United States can be removed, by any plan what- 
 soever, we shall not decide. We are not san- 
 guine enough to expect or hope it. In the south- 
 ern states they are, from the nature of the soil 
 and climate, infinitely more valuable than else- 
 where, more numerous, more closely interwov- 
 en into the texture of society, and more difficult 
 therefore to remove by gradual and natural caus- 
 cs» The people of those states seem to cling to 
 slavery as the pillar of their wealth and indepen- 
 dence; and it is too much to be feared, that if any 
 measures, however moderate and proper, relative 
 to that subject, be brought before the national 
 legislature, they will offer an opposition propor- 
 tioned to what they suppose to be their interest 
 in the question. 
 
 But, fortunately, the condition of the middle, 
 western and more northern states is very differ- 
 ent. In Virginia, Maryland, Tennessee, Ken- 
 tucky, Missouri, and perhaps North Carolina, 
 
145 
 
 where the chmate is more salubrious, the slaves 
 less numerous and more enlightened, the white 
 population more vigorous and pressing upon the 
 blacks, ready to fill the vacuum to be created by 
 their removal — where the interests of society are 
 not blended with that baneful institution, but pre- 
 judice is against it— there, we may hope with- 
 out being accused of too much enthusiasm, that 
 the scheme of gradual emancipation and remo* 
 val, and transportation to the coast of Africa, or 
 elsewhere, will have its full and happiest effect. 
 It must necessarily be slow at first. But every 
 successive wave of emigration will deepen the 
 channel. Such was the case, in the peopling of this 
 continent. A few straggling vessels, a few tim- 
 id adventurers, laid the foundations of this na- 
 tion, after repeated and fruitless attempts, and 
 opened the reservoir into which, for centuries, 
 have been pouring the oppressed and enterpriz- 
 ing inhabitants of Europe. Such will be the 
 case with Africa. Emigration will not be sup- 
 plied, as from Europe hither, from all the or- 
 ders of society, draining off a surplus that was 
 not missed: but will be confined to a single class 
 and colour, whose situation and affinity must im- 
 pel them to go. It will not be checked, as it 
 was in Europe, by statutes and penalties; but en- 
 couraged by the laws, promoted by the nature 
 of things, and accelerated by the elastic pressure 
 of a different and better species of population, 
 It is not too bold to assert, that at this moment, 
 thousands of slaves are held in bondage, in those 
 
 19 
 
146 
 
 states, merely from the impolicy of manumis- 
 sion; and that an outlet is eagerly sought, 
 through which they may be poured. That 
 they themselves are willing to go, is proved by 
 the fact, that in less than a year, and notwith- 
 standing the predictions of the wise, six thoii- 
 sand voluntarily embarked for Hayti. If their 
 expedition had been successful, and they had 
 not been so cruelly disappointed, thousands would 
 have followed them, and a continual stream been 
 kept up, until the island was full or this country 
 exhausted. It is in the very nature of things,, 
 that people situated as they are, should ardently 
 embrace a scheme so calculated for their welfare. 
 
 NOTE D. PAGE 37. 
 
 The constitution itself provides for the admis- 
 sion of new states into the confederacy, in the 
 following words: "New states may be admitted 
 by congress into this union." 
 
 Under this authority, congress direct the time 
 and manner of such admissions. But the con- 
 ciseness of the phrase in which the power is con- 
 ferredj and the use of the word "may," which 
 implies or seems to imply an unlimited discretion, 
 have occasioned a great variety of opinion on the 
 extent to which the power may be exercised. 
 
 Some persons contend that congress have not 
 the right of refusing admittance to a territory, af- 
 ter it has attained a certain population. How- 
 everyit evidently rests with congress to determine 
 
147 
 
 what that population shall be. And yet it would 
 certainly be contrary to the spirit of our institu- 
 tions, to hold a territory for ever in vassallage, or 
 debar it, even for a short time after it has grown 
 to a suitable importance, from those rights and 
 privileges, for which we ourselves so obstinate- 
 ly struggled. 
 
 It has also been a matter of much disputCj 
 whether Congress may impose upon a territo- 
 ry applying for admission, any condition that 
 they please. This objection almost resolves it- 
 self into the former. The prevailing sentiment, 
 (formed during the discussion of the Missouri 
 question,) seems to be, that Congress do possess 
 the right; although it may be sometimes high- 
 ly inexpedient to enforce it. The only limit 
 to their power would appear to us to be, that 
 the condition should be compatible with the re- 
 publican form of government. The time may 
 come, when that power of rejection will be a 
 protecting bulwark, to repress the exorbitant ex- 
 tension of our territory and shield us from in- 
 trusion. 
 
 NOTE 6. PAGE 44, 
 
 The Post-office may almost be said to have 
 become a separate department. It has grown 
 to be one of the most important ramifications of 
 our internal policy; extending over the whole 
 face of the country, carrying information not 
 
148 
 
 only of domestic but of foreign events to the 
 door of every citizen, and bringing the remotest 
 regions to be neighbouring districts. It may 
 vsrell be said to be the bind, that is wound around 
 the fasces of our Unibn; for without it, a repub- 
 lican government could not be wielded over 
 such an extent of surface and variety of affairs. 
 If we enumerate the post-masters, clerks, con- 
 tractors, drivefe, and all the other persons ne- 
 cessary to such an establishment, we shall find 
 perhaps that there are more under the immedi- 
 ate and indirect control of the Post Master Gen- 
 eral, than under any other branch of the gov- 
 ernment; and we may then form some idea of 
 the power and importance of the station. In- 
 deed, the only respect in v/hich the Post Mas-^ 
 ter General can be said to be subordinate to the 
 Secretarv of the Treasurv, is, that he renders 
 through him to Congress, a quarterly account 
 of the expenditures and profits of the establish- 
 ment. These seemed to come properly within 
 the province of the financial department. But 
 in every thing else. Congress communicate with 
 the Post Master General directly, and as with 
 the chief of a separate department; as may be 
 observed in the laws establishing new post-offi- 
 ces or post-roads, and building bridges, &c. for 
 the convenient transportation and safety of the 
 mail. 
 
149 
 
 NOTE 6. PAGE 45. 
 
 The learned author has expressed himself 
 vaguely, in saying that the President is "con- 
 jointly with the Senate, commander in chief." 
 He is, alone, commander in chief of the army 
 and navy. He appoints all officers by and w ith 
 the advice and consent of the Senate; but he 
 may dismiss them at pleasure from the service. 
 This, however, is seldom or never done, without 
 the intervention of a court-martial. As it is a 
 power which appears to subserve no useful pur- 
 pose, and may be converted by daring and ambi- 
 tious men to the perpetration of the worst de- 
 signs, it is highly probable that the bill now 
 before congress, for suppressing it, will become 
 a part of the constitution. 
 
 NOTE 7, PAGE 54. 
 
 The attempts which several times were made 
 to abolish the military academy, have entirely 
 failed; and that institution, so admirably suited 
 to our wants and our form of government, has 
 become one of the favourites of the nation. It 
 has also essentially improved, both in a literary 
 point of view and in its internal organization. — 
 The slight disturbances which once took place 
 at West Point, and which the distinguished au- 
 thor views in so serious a light, were entirely 
 accidental, and are not likely to occur again: 
 
150 
 
 and the useful operation of that school, in fur- 
 nishing not only our regular army, hut our mili- 
 tia too, with accomplished officers, has woven it 
 permanently into our political institutions. In- 
 deed, it is rather a part of the militia, than of 
 the regular army; of the civil, than the military 
 organization of the country. In the inception 
 of a great system of internal improvements, we 
 have already derived essential service, from the 
 labours of gentlemen educated at the academy. 
 
 As civil and topographical engineers, they are 
 aow exploring every part of our vast country, 
 that the smallness of their number will permit 
 them to reach; and it is difficult to tell, whence 
 we could derive a sufficient body of scientific 
 engineers, as the work progresses, but from the 
 bosom of such an institution. Their education 
 and pursuits enable them, certainly, to provide 
 at once for the commercial intercourse and mil- 
 itary defence of the nation, better than persons 
 solely devoted to either enquiry. 
 
 The number of cadets is about two hundred 
 and fifty-one; and they are from the different 
 states, nearly in proportion to their respective 
 representation in congress. From Maine, there 
 are seven; from New-Hampshire, seven; Mas- 
 sachusetts, fifteen; Rhode-Island, two; Connec- 
 ticut, six; Vermont, nine; New- York, thirty-five; 
 New-Jersey, seven; Pennsylvania, twenty -nine; 
 Delaware, two; Maryland, ten; Virginia, twen- 
 ty-fourj North CaroUna, thirteen; South Caro- 
 
151 
 
 lina, twelve; Georgia, eight; Kentucky, four- 
 teen; Tennessee, eleven; Ohio, tw^elve; Louis- 
 iana, four; Indiana, five; Missouri, four; Alaba- 
 ma, five; Mississippi, two; Illinois, two; Michi- 
 gan, two; Florida, two; District of Columbia, 
 two. 
 
 NOTE 8. PAGE 56. 
 
 It is scarcely necessary to remark, that our na- 
 vy has been considerably strengthened since that 
 period, not only by the addition of several ships of 
 the largest class, and many frigates and sloops 
 of war, but also by the improvement of our na- 
 val stations, the increased facility of obtaining 
 materials, in consequence of internal improve- 
 ments the fortification of our harbours and rivers, 
 and, above all, the growing public sentiment in 
 its favour. 
 
 NOTE 9. PAGE 58. 
 
 It cannot be denied, that many of our naval 
 officers are better acquainted with the practical 
 than the scientific part of their profession. This 
 deficiency has been remedied, in some degree, 
 by the stricter examination now required for 
 promotion, and it will be entirely removed by 
 a well conducted naval academy. The gallant- 
 ry of our officers has heretofore blinded us to any 
 imperfections; but the nation js now convinced 
 
152 
 
 that something is wanting, and seem determin- 
 ed to supply it. 
 
 NOTE 10. PAGE 65. 
 
 To this vagueness of the constitution, we owe 
 some of the greatest and most wholesome pow- 
 ers of the general government. For instance, 
 the right of establishing a national hank, of 
 founding naval and military colleges, of making 
 roads and canals, is an implied or constructive 
 power. It is a vagueness indispensible in a 
 form of government like ours; to clothe the re- 
 presentatives of the people with authority neces- 
 sary to their usefulness, and adapt our institutions 
 to the growth and prosperity of the country. 
 The danger of its admitting of too unlimited an 
 interpretation, is obviated by the jealous watch- 
 fulness of the state governments, and the juris- 
 diction of the supreme court. 
 
 The time no doubt will come, when all the 
 disputed points of the constitution will have 
 been decided. Its framers will then be applaud- 
 ed for their wisdom, in not making it immuta- 
 ble, and binding it tightly around the body politic, 
 so as to impede and cramp its motions, but leav- 
 ing it an easy flowing garment, that might adorn 
 and adapt itself to every size and posture. 
 
 In a government like ours, a confederacy of 
 active, enlightened and independent states, with 
 conflicting views, and sometimes interests, it is 
 easier to put a proper restraint on vague and un- 
 
153 
 
 defined powers, than to give them an energy, 
 however useful and necessary, beyond the ex- 
 press provisions of the instrument that confers 
 them. 
 
 NOTE 11. PAGE 75. 
 
 We are not aware that, in any state, the mur- 
 der of a slave is not punishable by death. His 
 testimony is, of course, and properly, rejected; 
 for it is utterly impossible, from the influence 
 exerted over him and his condition, that he 
 should be an impartial and credible witness. 
 
 It must, however, be acknowledged, that some 
 juries, (from prejudice, we presume,) but too 
 reluctantly avenge the injuries of that unfortu- 
 nate race. 
 
 NOTE 12. PAGE 76. 
 
 The greatest difference between the adminis- 
 tration of justice in this country and in England, 
 consists in the political jurisdiction of the su- 
 preme court. That august tribunal is, perhaps, 
 peculiar in that respect. 
 
 NOTE 13. PAGE 81. 
 
 By a "local court of original jurisdiction," the 
 acute and distinguished author means, we pre- 
 sume, the district court; from which appeals 
 
 £0 
 
154 
 
 are had to the circuit court. He is in error, 
 however, in calling it a "local court," as it is one 
 of the courts of the United Sates. A "local 
 court," as we should understand it, would signi- 
 fy a state court. 
 
 NOTE 14. PAGE 102 
 
 Nothing can be added to the concise but lu- 
 minous views here taken, of the penitentiary 
 system of the United States. The causes to 
 which he justly attributes, the failure of many 
 specious and alluring schemes of philanthropy 
 in the organization of prisons, have begun to be 
 understood and obviated. "The want of a pro- 
 per classification of culprits," will be remedied 
 by separation and solitary confinement. "The 
 luxury of charity, with which prisoners are pro- 
 vided for," will be corrected by experience of 
 its bad effects. And the "abuse of the pardon- 
 ing power," will be restrained by the good sense 
 of executive officers, or by an all-powerful pub- 
 lic opinion. 
 
 Solitary confinement of those who have com- 
 mitted the more heinous offences, and classifica- 
 tion of the rest, according to their ages, sexes 
 and the nature and degree of their guilt, may 
 still be rendered compatible with industry, 
 economy and gentleness within the prison walls. 
 The experiment cannot be said to have been 
 yet fully tried; and the failures and obstacles 
 
155 
 
 heretofore encountered, must be attributed not 
 so much to the system itself, as to the e^xtreme 
 difficulty of its practical application. That dif- 
 ficulty will soon be almost entirely removed, by 
 the two penitentiaries now erecting in Penn- 
 sylvania, on the new plan; and the system will 
 then receive a fair and final trial. If it should 
 still prove defective, (though reason seems to 
 recommend it, as well as benevolence,) atten- 
 tion will be turned to some other scheme; and 
 certainly the enlightened and enquiring spirit 
 that pervades the country on that subject, must 
 ultimately lead to the discovery and adoption of 
 the best, 
 
 NOTE E. PAGE 116. 
 
 Although estates tail are not positively pro- 
 hibited by law, yet they can scarcely be said to 
 exist, for they can be destroyed by a simple con- 
 veyance in fee. In England, they resort for the 
 same purpose to intricate and antiquated forms; 
 such as fine and common recovery. 
 
 NOTE F. PAGE 117. 
 
 The system of public schools may be justly 
 considered, as a necessary part of our republi- 
 can institutions; for where the people are self- 
 governed, they should be enlightened. 
 
 This idea prevails pretty generally throughout 
 
156 
 
 the United States, and is daily, by experience, 
 becoming stronger. In those states, in which 
 no system of pubUc schools has been yet adopted 
 and no funds appropriated to the object, a wise- 
 er and more liberal spirit is beginning to reign. 
 In Maryland, or at least in the city of Baltimore, 
 we are about adopting a plan worthy of our 
 prosperity and resources. 
 
 In some of the states, very large funds are set I 
 
 apart for public education. New England is 
 particularly distinguished in that respect. The an- 
 nual expenditure for that object in Boston alone, j 
 is seventy thousand dollars; and the advantages ^ 
 and beauty of the system are there most strong- 
 ly exemplified. The school fund in Connecti- 
 cut, amounts to two million^ seven hundred and 
 sixty-four thousand, three hundred and sixty- 
 nine dollars, and yields an annual revenue of 
 one hundred and* five thousand, eight hundred 
 and sixty-two dollars. 
 
 Pennsylvania also adopted, in 1819, the New 
 England system of public schools. The estab- 
 lishment, though yet in its infancy, promises, 
 from the wealth and populousness of that state, 
 to be one of the most extensive and complete.— 
 Up to 1824, ten thousand, eight hundred and 
 nine children had been admitted into the pub- 
 lic schools, and in that year nearly three thou- 
 sand more were added. 
 
 Virginia, too, has devoted several millions of 
 dollars to the institution of schools and a univer- 
 
157 
 
 sity. Perhaps, in the present state of literature 
 there, she might have better omitted the latter, 
 which has formidable rivals and substitutes in 
 other places, and applied the immense sums it 
 cost to a more complete extention of primary 
 schools, whose absense cannot be supplied. The 
 rich, who are those that most commonly pur- 
 sue the higher branches of education, can go 
 abroad to obtain them; but the poor citizen is 
 confined to the spot, and if he finds not the 
 means of education there, he finds them not at 
 all. 
 
 New York, the leader in the great work of 
 internal improvement, has not been more back- 
 ward in the cause of general education. She 
 appropriated five hundred thousand acres of land 
 to the purpose; of which three hundred and 
 ninety-six thousand, nine hundred and forty- 
 seven had been sold in eighteen hundred and 
 sixteen. She has, besides, devoted an an- 
 nual income of sixty-four thousand, and fifty- 
 three dollars. In eighteen hundred and twenty 
 four, there were seven thousand, six hundred 
 and forty-two school districts in the state; three 
 hundred and eleven of which were established 
 during that year: and the number of children 
 taught, for the average of nine months, was 
 four hundred and two thousand, nine hundred 
 and forty. The general school-fund amounts 
 to one million, seven hundred and thirty thou- 
 sand dollars, and the local school fund to thirty- 
 Seven thousand. The sum paid to teachers. 
 
158 
 
 out of the public funds, was one hundred 
 and eighty-two thousand, seven hundred and 
 forty-one dollars. 
 
 Besides these schools provided at the public ex- 
 pense, there are many others maintained by 
 charitable individuals. Such, for instance, are 
 the schools of the Free-school society, in the 
 city of New York, at which thirty thousand 
 white, and one thousand seven hundred coloured 
 children are taught. And in addition to the 
 funds applicable to the common schools, the 
 sums of money and other appropriations given, 
 by the state, to the several academies and colle- 
 ges, are immense. 
 
159 
 
 NOTE 17. PAGE 119. 
 
 Table of the White Population in 1810 and in 1820 loith the increc^, and the Col- 
 oured Population at the samepet-iod, icith the increase and ratios of increase. 
 
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 NOTE 1^. PAGE 120. 
 
 If the differences, which the observant author 
 notices, really exist, they are in a rapid progress 
 of obliteration. In our earlier days, when large 
 fortunes were confined principally to the south- 
 ern states, and wealth produced among the plant- 
 ers that hospitality and elegance for which they 
 are still remarkable, the people of the north 
 were simple and industrious farmers or mer- 
 chants. But successful commerce has made 
 the latter rich, and given them a taste for the 
 pleasures of refined society; and while they equal 
 their fellow citizens of the south in hospitality 
 and elegance, they surpass them in splendour 
 and munificence. 
 
 The cultivation of the arts and sciences has 
 also been carried further in the north than in 
 the south. In a literary point of view, tkere is 
 no comparison. 
 
 Whatever may be the moral effect of slavery, 
 it is most conspicuous, not upon the upper class- 
 es, but upon the lower; giving them feelings of 
 pride and habits of indolence, that destroy their 
 respectability and usefulness. That valuable 
 order of society called the yeomanry, cannot ex- 
 ist by the side of slavery. Between that bane- 
 ful institution and the wealthy and proud pro- 
 prietor, there lies a desart. If such a state of 
 things is favourable to republican virtue and 
 happiness; then are the unwholesome swamps 
 
161 
 
 and dismal pine barrens of Georgia, more beau- 
 itful and pleasant than the green hills and val- 
 lies of Pennsylvania. 
 
 NOTE 19. PAGE 21. 
 
 In turning over our author's pages, vre find 
 that he says in page 21, that none of our moun- 
 tains exceed tw^elve hundred feet in height. They 
 certainly bear no proportion to our mighty rivers 
 and lakes, and the vast extent of our territory; 
 but they are nevertheless considerably higher 
 than he seems to have been aware of. Mount 
 Washington, the loftiest of the White Mountains, 
 in New-Hampshire, is six thousand six hundred 
 and thirty-four feet above the level of the sea. 
 The highest of the Green Mountains, in Vermont, 
 is four thousand tw^o hundred and seventy-nine. 
 The Table Mountain, in South Carolina, four 
 thousand. The Peakes of Otter, on the Blue 
 Ridge in Virginia, three thousand nine hundred 
 and fifty-five. The top of the Catskills, in New 
 York, three thousand eight hundred and four. 
 The highest peake of the Rocky Mountains, in 
 Missouri, supposed to be a spur or continuation 
 of the Andes, is twelve thousand five hundred 
 feet above the surface of the sea; and James' 
 Peake, on the same range, twelve thousand. 
 
 21 
 
162 
 
 NOTE 20. PAGE 122. 
 
 It seems to us, that the author has here mista- 
 ken the eflFect for the cause. The ahsence of 
 "men of leisure" is occasioned, we think, hy 
 the want of hereditary fortunes; and not the re- 
 verse. Persons are said to he men of leisure, in 
 proportion as they have enough to support them- 
 selves without exertion. 
 
 NOTE 21. PAGE 126. 
 
 To these exceptions, (of the bank of Pennsyl- 
 vania and the capitol of Richmond,) we would 
 add some others, which we think equally enti- 
 tled to it. 
 
 The exchange of Baltimore, and the Catho- 
 lic cathedral in the same city, as far as it is fin- 
 ished, both designed by the architect of the 
 bank of Pennsylvania, (B. H. Latrobe, Esq.) 
 the bank of the United States, in Philadelphia, 
 designed by one of his pupils, (Mr. Strickland) 
 who does so much credit to his profession, and 
 has in the building in question, furnished so pure 
 q, model of Grecian beauty; the battle-monu- 
 ment at Baltimore, designed by Maximilian 
 Godefroy, Esq. occur to us at the moment, as 
 equally deservingof admiration. 
 
 Had the capitol of Washington been finished 
 in accordance with the original plan of Mr. La- 
 trobe, which we have seen engraved, (by 
 Sutherland) it would claim exemption likewise* 
 
163 
 
 but it has been utterly disfigured by the immense 
 dome which overshadows it, destroying its sym- 
 metry and violating all propriety. Not its hall 
 of representatives, nor senate chamber, nor 
 eastern portico, can rescue it from the censure 
 it deserves. 
 
 FINIS. 
 
 ERRATA. 
 
 'Page 11, line 27. for spareness read sparseness» 
 I'ag'e 16, 1st line, of note for Products read Jievenue. 
 Page 52, insert ^Chap. V."ia the space over "T//e Armi/J- 
 Page 89, line il, for"ftoe" read'VAoie." 
 
LIBRARY OF CONGRESS 
 
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