F122 H67 (LC) YALE UNIVERSITY LIBRARY DISCOURSE DEHTEHED B£FOH£ THE / NEW- YORK HISTORICAL SOCIETY, AT THEIR ANNIVERSARY MEETING, 6th DECEMBER, 1812. BY THE HONOURABLE GOUVERNEUR MORRIS, FIRST VICE-PRESIDENT OF THE SOCIETY. NEW-YORK;, PCBI.ISHED BY JAMES EASTBURN, NO. 86 BROADWAY, OPPOSITB TRINITY CHtTKCF. 1813. District of New-Tori, si. BE it remembered, that on the thirty-first day of December, in the thirty-seventh year of the independence of the United States of Ame rica, James Eastburn, of the said district, hath deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " Discourse delivered before the New-Yoi-k Historical Society, at their anniversary meeting-, 6th December, 1812. By the Honoui'able Gouverneur Morris, first vice-president of the socie ty." In conformity to the act of the Congress of the United States, en titled, " An act for the encouragement of learning, by securing the co- " pies of Maps, Charts, and Books to the authors and proprietors of " such copies, during the times therein mentioned.". And also to an act, entitled " An Act supplementary to an Act entitled an Act for the en- " couragement of Learning, by securing the copies of Maps, Chai-ts, and " Books to the authors and proprietors of such copies, during the times " therein mentioned, and extending the benefits thereof to the arts of " designing, engraving, and etching historical and other prints." CHARLES CLINTON, ClerJl: of the District of Nevi-Tork. I.ARGIN & THOMPSON, PRINTERS, NO. 5 BURLING-SLIP. NEW-YORK HISTORICAL SOCIETY. DECEMBER 6th, 1812. Resolved, that the thanks of this Society be presented to the Honourable Gouverneur Morris, for the Discourse delivered by him, this day, before the Society ; and that the Honourable De Witt Clinton, the Reverend Doctor Miller, and Doctor David Hosack, be appointed a committee to convey the same, and to request a copy for publication. Extract from the minutes, JOHN PINTARD, Recording Secretary. DISCOURSE, &c. Mr. President and Gentlemen of the Historical Society, XT was my purpose, in obeying your orders, to make a sketch of our history from the jrear 1763 to the year 1783, and compare our condition at the close of two victorious wars, in both of which this state was distinguished among her brethren as the principal theatre and greatest sufferer. This Impor tant period, of twenty years, marked by one of those events on which history delights to dwell, will, I trust, be related with philosophic impartiality by some fu ture Hume, to amuse and instruct posterity, when their ancestors shall havp mouldered to dust. But reflection told me the time was not yet arrived. Moreover, the bounds of a discourse like this are too narrow to embrace the more prominent incidents and characters. Another circumstance contributed to deter me. However rapid and concise the narra tive, egotism could not wholly have been avoided. This circumstance not only forbade the attempt first contemplated, but raised difficulties, which I feared to encounter. In selecting some anterior term. Con nected, by the ties of consanguinity, with persons deeply engaged in those feuds by which, at an early day, the colony was agitated, I trembled lest duty and & affection should wrong the memory of their foes : lest some Incautious word of praise or blame should ob scure the lustre of truth. I must therefore entreat your pardon that, shunning what may be deemed the more proper course, I venture to present some re flections on prominent historical facts and geograph ical circumstances which distinguish our state. On a cursory glance at the map of North America, our eye is caught by that deep ifident, where Long- Island (vv^hose eastern point lies between thirty and forty leagues west of the south end of Nantucket Shoal) after stretching thirty leagues, on a course but fifteen degrees to the southward of west, is sep arated by a deep bay from the main land, whose gen eral direction, from Sandy-Hook to Cape Hatteras, is but seventeen degrees to the westward of south. The upper end of that bay, divided from the lower by Staten Island, is nearest to the valley which em bosoms the great lakes, the St. Lawrence and the Mississippi, of any sea-port on the Atlantic ; and the hills which intervene are neither so numerous, so lofty, nor so steep, as those by which other routes are obstructed. The city of New- York, at the head of this bay, from causes which will probably endure as long as the earth Itself, Is generally accessible ; and the navigation to It Is frequently open when that of more southern situations is barred by frost. The channel on the west end of Long-Island, though broad and deep, may be so obstructed as to frustrate hostile attempts. The other channel, whose mouth is two degrees to the eastward, and therefore of easier and safer access In dark bad weather, presents a se- ' cure and pleasant passage till within eight miles of this city. There a rapid whirlpool and projecting rocks (our Scylla and Charybdis) render it so narrow and difficult that, although perfectly safe at a proper time and with a good pilot, it may easily be rendered too hazardous for an enemy. By the first of these channels, vessels outward bound, within a few hours after casting off from their moorings, gain the open sea. By the second, those which arrive can, with common prudence, reach safe anchorage without a pilot : and the distance from the mouth of the one to that of the other Is such that both cannot easily be blockaded by the same squadron. These circum stances alone point out New-York as a commercial emporium. But there are others which contribute largely to the same effect. Besides many small streams, the great Connecticut river pours Its waters into the eas tern channel ; and the western shore of Manhattan island Is washed by the Hudson, navigable fifty leap-ues by large vessels : and what is peculiar to this noble canal, ships take with them a favoring tide be yond all the ranges of mountain east of that great valley already mentioned, which stretches upwards of fourteen hundred miles In a southwestern direction from the island of Orleans, in the St. Lawrence, to the city of Orleans, on the Mississippi. To this val ley an inland navigation from the Hudson can easily be extended northward to the St. Lawrence, and westward to the great lakes, whose depth, whose ex tent, whose pellucid water, and whose fertile shores, are unparalleled. It Is probable that if our western hemisphere had been known to antiquity, those im mortal bards who crowned their thundering Jove on the peak of Olympus, would have reared tb commerce a golden throne on the granite rock of Manhattan. They might have pictured her, as receiving in a vast range of magazines, from Harlaem village round to jHaerlem cove (a distance of twenty miles) the willing tribute of mankind : as fostering Industry in the remotest regions, scattering on barren shores that plenty which nature had denied, dispensing to mil lions the multiplied means of enjoyment, and pouring the flood-tide of wealth on this her favored land. Not indeed that wealth, which the plunder of war and the wages of vice, exalts a rapacious head over a servile croud : but that honest wealth which, accompanied by freedom and justice, comforts the needy, raises the abject, instructs the Ignorant, and fosters the arts. Such are the outlines of a picture which, adorned by classic coloring, might, with the Iliad, have been recommended to his roydl pupil by that sage whose mind, acute and profound, was equally skilled in moral, physical, and political science. The first settlement of this state coincided with its natural advantages. While Englishmen came to America, either flying from ecclesiastical intolerance, or pursuing the treasure its savages were supposed to possess ; Dutchmen, inspired with the spirit of trade, instead of sitting down on the skirts of the new World, boldly penetrated to the head navigation of the Hud son. They built. there a fort, in the year 1614, and gave it the name of that august family, whose tal ents and labors, in the cabinet and the field, secured the liberty of England, as well as of Holland, and established the independence of Europe. The Dutch exhibited a new and Interesting spec* taclc. Near half a century had elapsed since, con. federated with the other ten provinces of the low countries, they took up arms to oppose the establish- ment of the inquisition. After a struggle of thirteen years, abandoned by their associates, they had to contend for civil as Well as for religious liberty, not only against their bigoted and bloody foe, but against their former friends also ; then submitted to his power. They had, for many preceding ages, been free. The supreme authority belonged to the states ; who met on their own adjournment, and without whose con sent neither laws could be passed, nor taxes raised, nor war declared.* These privileges, which every sovereign had sworn to defend, were respected by Charles V ; but formed no obstacle to the amibition of his unfeeling son. Thus the revolutions (if with. out the violation of language that term can be so ap. plied) of Holland, of England, and of America, bear a striking resemblance to each other. Each was a * Grotius de Anti. Repub. 6al. eap. 5. S 10 contest to maintain the liberty already enjoyed, and defend it against usurpation. In England, a power ful nation, surrounded by the sea, dismissed their prince and placed on his throne the husband of his daughter. This work was easy and effectual. In America, the Inhabitants of a great continent, sepa rated from the invader by the Atlantic ocean, favored nt first by the wishes and at last by the arms of other nations, were successful after a short though severe struggle. But in the case of Holland, seven poor provinces, whose surface (about eight and a h^lf mil lion of acres) does not exceed one of our senatorial districts,* whose population, a century after establish ing their independence and when they had reached to the highest point of prosperity, was but two mil lion ; about double our present number. These poor provinces sustained a conflict of thirty years with the most powerful nation In Europe. They opposed the ablest generals, at the head of the best troops, of that most warlike age. An awful scene ! Interrupted, not closed, in April, 1609, by a truce of twelve years. When that expired, another contest ensued of seven and twenty years. At length (on the 24th October, 1648) almost a century (eighty-two years) from the time they first took up arms, their Independence was acknowledged by the treaty of Westphalia. • Busching's Geography, Introd. to the Netherlands, sec. 3 and 5. ¦The Germans divide the degree into 15 geographical miles, which gives in round numbers about 13,600 acres to tlie square geographical mile - of whicti he gives to the Netherlands 62S> a It is natural nere to ask, by what miracle did these. feeble provinces resist that mighty empire? The sufficient, and only sufficient, answer is, by the will of him who holds in his hand the destinies of man kind. He bade their gloomy climate produce a per severing people, whose industry no toil could abate, whose fortitude no danger could dismay. He gave them leaders sagacious, Intrepid, active, unwearied, incorruptible. He, as of old, from the eater brought forth meat, and from the strong sweetness. He gave them food from a tempestuous ocean, and treasure from the jaws of devouring despotism. But if, with reverence, we seek those causes to which reason may trace events, we shall find the miracle we admire to have been the work of commerce. From the sea they gathered means to defend the land against hostile armies on one side, and against the sea Itself on the other : for the singularity of their situation exposed them, alike, to be inundated and to be subdued. The sea, which threatened and still threatens to over whelm them, gave access to the riches of both the Indias. They pursued, along that perilous road, the persecutors of mankind, and wrested from their grasp the unrighteous plunder of Mexico and Peru. Thus, surrounded by danger. Impelled by want, inured to toil, animated by exertion, strengthened by faith, stimulated by hope and exalted by religion, a few miserable fishermen, scattered on a sterile coast, were converted Into a race of heroes. They acquired power in the struggle for existence, and wealth under the weight of taxation. 12 Such, gentlemen, were our Dutch ancestors, who immediately after concluding the twelve years truce, came hither and brought with them their skill, their integrity, their liberty, and their courage. From a sense of justice, that animating soul of commerce, without which it is a dead, and must soon become a corrupt and stinking carcase, they entered into treaty with the natives ; in whom they found patience, for titude, and a love of liberty like their own. While the seven united provinces, by their steady perseve rance, astonished the nations of the east; our six con federate tribes, by their military prowess, subdued those of the west. The first treaty formed between the Dutch and the Maquaas, or Mohawks, has been frequently renewed ; and few treaties have been bet ter observed. The excellent discourse* delivered to you last year, leaves me nothing to say of those tribes. Permit me, however, to express the astonishment, in which you will doubtless participate, that men, repu ted to be wise and learned, should suppose the people of this state, born, brought up, and situated as they are, can be restrained from commercial pursuits. Half a century after fort Orange was built, Charles II. of England, within three years from his restora tion, granted this state to his. brother the Duke of York ; and in that year (1664) it was conquered by the British arms. England, which Elizabeth (after veigning near five and forty years) had left in the pos- * By the Hon. De Witt Clinton. E b. 13 session of peace, wealth, and glory, passed two and twenty more under a conceited pedant, powerful in words and poor in act. He had neither the courage to establish nor the magnanimity to abandon prerog atives, which, inconsistent with the spirit of his age and country, became every day more and more intol erable. Thus the scholasticimbecility of a projector prepared the tragic scene, in which his son was doom ed to act and to perish. A hideous scene, where the spectators beheld, with horror and dismay, justice violated, honor polluted, religion degraded, and free dom destroyed. But great crimes were palliated, as they were perpetrated, by great talents. The infamy of murder and usurpation was ennobled by the sword of victory. And the multitude dazzled by the splen dor of success, that adoration which Is due to virtue alone was blindly and basely offered at the shrine of power. In seventeen years after Charles ascended his father's throne, he was engaged in civil war. At the close of another seventeen years he was led to the scaffold. During nine years the British sceptre was in the iron grasp of Cromwell. He made the nations tremble. But in less than three years from his de cease, the son of Charles was restored. Fortunately for our freedom, this witty sensualist who, if we are to believe one of his profligate companions, " never said a foolish thing and never did a wise one," al- though he had the sense to perceive, had not the steadiness to pursue nor the address to secure the advantages of his situation. He might have put 14 himself in possession of absolute power over a natioij inured to war and naturally brave. He might have held in his hand the fate of Europe. He might have been the rival of Louis the fourteenth : perhaps his superior. Instead of this, he basely became his pen sioner, and In that mean condition waged war with the United Netherlands. But a majority of his par liament, too wise to be deceived, too brave to be in timidated, too honest to be seduced, obliged him to make peace, by withholding the means to make war. The first of these wars was terminated in three years by the treaty of Breda, which gave New- York to the British crown, the 26th of January, 1667. After a licentious reign of near two and twenty years, the throne of inglorious Charles was mounted \)y his bigoted brother James ; who, crowned in 1684, fled to France in 1688. Half a century had elapsed, from the time when Charles the first made his rash levy of ship money, to the accession of his son James. In the former half of this period the English character was degraded by hypocrisy and crime, in the latter by impiety and vice. During the first five and twenty years, we had no connexion -with them. On the contrary, for two years, from 1652 to 1654, there was war between Oliver Crom well and the States General. During the last five and twenty, we were secured against the contagion of their Immorality, by distance, by poverty, and by the simple manners and habits which cliaracterized our Dutch ancestors.' Six years after New- York was 15 ceded to Charles the second, it was retaken by the Dutch, but restored to England the 9th February of the next year (1674) by the treaty of Westminster. In little more than fifteen' years from that period, an insurrection under Leisler took this city for king William ; whose war with France (terminated by the treaty of Ryswick In 1697) lasted eight years. After a short breathing of four years, however. It was re newed, in the beginning of the last century, and last ed thirteen years more : till, at length, the treaty of Utrecht, on the eleventh of April, 1714, followed by the death of queen Anne in August of the same year, and of Louis XIV. on the first of September in the next year, gave to our country a more durable repose. For though it might have been imagined that cur distance and our insignificance would have secured us, a lowly bush, from tempests which tore the tops of lofty trees ; yet, bordering as we do on Canada, so, long as France continued In possession of that prov-. ince, every war In which she was engaged with Eng land, laid waste our frontiers and, calling forth every effort for their defence, exhausted our resources^ From this rapid sketch, gentlemen, it appears that, children of commerce, we were rocked in the cradle of war, and sucks.! the principles of liberty with our mother's milk. Accoi clingly we find that, long be fore that controversy v/lucii rent the British empire. asunder, in disputes with royal governors attempting to stretch authority beyond its just bounds, there was a steady appeal, by our fathers, to the principles 16; on which the Belglc and British patriots relied in their opposition to tyranny. The revocation of the edict of Nantz, in the year l685, di'ove many French protestants to seek an asy lum on our shores, and governor Hunter, in the year 1710, brought with him a number of palatines. Thus our ancestry may be traced to four nations, the Dutch, the British, the French, and the German. It would have been strange had a people, so formed, been tainted with national prejudice. Far from it. We are, if I may be allowed to say so, born cos mopolite ; and possess, without effort, what others can with difficulty acquire by much travel and great expence. But as no earthly good is pure, so this equal respect and regard for strangers diminishes the ' preference , to natives, on occasions where natives ought to be preferred; and impairs the activity, if not the strength, while It removes the blindness of patri otic sentiment. In like manner, it may be numbered among the advantages of commerce, that a liberality which extends to foreign correspondents the gentle appellation of friend, encourages the growth of gen eral benevolence. It is at tlic same time to be la- mcnted, that with this amiable sentiment is connect ed a fondness for the fashions and productions of foreign countries which is injurious to the simplicity ' of ancient manners. But, from the combined opera tion of these causes, the emigrant from every nation £nds himself, here, at home. Natives of the Alps, the Pyrenees, the Appenines, the highlands of Scot- 17 land, and the mountains of Wales, as well as those who inhabit the banks of the Shannon, the Thames, the Seine, the Rhine, and the Danube, (meeting here) see in each other the faces of fellow-countrymen. It results, from our mixed population, that he who wishes to become acquainted with the various lan guages and manners of mankind, need not ramble into distant regions. He also who would trace up society to its origin, can here behold It in the rudest condition. He can safely shut the volumes of phi losophic dreaming, and look Into the book of nature which lies open before him. Ethical reasoning may, here, be raised on the foundation of fact. If it be admitted, as a principle In the natural history of ani mals, that the state in which a particular species of them Is most powerful and abundant, Is the best suited to its nature, and therefore its natural state; it may be concluded that the natural state of man is that in which they are most numerous, and in which they have the most activity, strength and beauty. If this conclusion be just, we need but open our eyes on our savage brethren to be convinced, by a com parison of them with civilized man, that in so far as regards our own species, the state of nature and of society are one and the same. The half-naked In dian, who now sits shivering on the banks of Niagara, while he views that stupendous cataract, may view also the ships, the houses, the clothing and arms of his civilized fellow-creatures, and hear the thunders 18 of their cannon roar louder than the torrent. If he compares his feeble means and wretched condition with their power and wealth, he cannot but be sen sible of his great Inferiority. And much more will civilized man who, daring death at the call of duty, not only spares an unresisting foe, but soothes his distress, relieves his wants, and heals his wounds, much more will he feel superiority over the savage hunter of men, whose rule of war is general slaugh ter, whose trophies are torn bleeding from the skulls of women and children, and who gluts his ferocity by the torture ot helpless prisoners. The civilized man will perceive also. If history has occupied his attention, by comparing the laws of ancient and mod ern war, the Influence, and, in that influence, the truth of our holy religion. If it be true that one great end of history Is to communicate a knowledge of man kind, and, by making man acquainted with his spe cies, facilitate the acquisition of that most important science, the knowledge of himself; we may be per mitted to believe that a faithful narrative of deeds done by our fathers will eminently merit a studious regard. The comparison which will, obtrusively, present itself between the aboriginal tribes, the vari ous colonists, the emigrants from Europe, and the troops of different nations, will display a more perfect picture of our species than can easily be delineated on any other historical canvass. Neither will the strong lineaments of character be wanting. Those arduous circumstances which marked our origin and 19 impeded our growth; those ravages to which we were exposed, not only until the treaty of Utrecht, but in the war from 1744 to 1748, terminated by the treaty of Aix la Chapelle, in that which began in 1755 and ended in 1760 by the conquest of Canada, and in our war with Great-Britain, from April, 1775, to November, 1783 ; above all, the persevering efforts to defend our country, in that long period of near one hundred and seventy years from the first settlement by the Dutch in 1614, to the time when this city was evacuated by the British in the close of 1783, during which there was little repose (except in a space of thirty years which elapsed between the peace of Utrecht and the war of 1744) brought forth men worthy of respectful imitation, and formed the mass of our citizens to the hardihood of military life; not withstanding a soil and climate which, teeming With abundance, tempt to the enjoyment of ease and luxury. May we not be permitted also to believe that they are by nature brave ? Pardon, gentlemen, a digres sion which, though it should conclude nothing, may furnish amusement; perhaps reflection. He who visits the nations which Tacitus and Caesar have de scribed, will be struck with a resemblance between those who now inhabit particular districts, and those who dwelt there so many centuries ago. Notwith standing the wars and conquests which have laid waste, depopulated and repeopled Europe ; notwith standing the changes of government and those which 20 have been wrought by the decline and by the advance of society and the arts ; notwithstanding the differ ences of religion, and the difference of manners re sulting from all other circumstances; still the same distinctive traits of character appear. Similar bodies are animated by similar souls. Wc find, also, ex tending our view a little further east and taking in a larger surface of the globe, that peculiarities in civil establishment and political organization, correspond ing with the peculiarities of national character, have, from the earliest ages, distinguished, those regions. We find that the attempt of tyrants to establish des potism, in some countries, was frequently bafiled; while the endeavor of patriots to secure freedom, in others, was equally fruitless. He who considers the changes wi-ought by the tide of time on the face of our globe, this solid earth itself alternately raised above the ocean or plunged beneath its waves, and perceives those peculiarities of form and mind, which remain unchanged through such a long succession of generations, must be struck with the idea of the sim ple Indian who, pressed to sell the possession of his tribe, replied, " We grew out of this ground. In its *« bosom our fathers repose. What ! Shall we call " upon their bones ? Shall we bid them arise and go " with us to a strange land?" We, gentlemen, grew out of this same ground with our Indian predecessors. Have we not some traits lo mark our common origin ? This question will be answered with more precision when, after the lapse 21 of centuries, the blood of our progenitors, operating with less force, the changes produced, not only in man but in other animals, by that unknown cause which exhibits a peculiar race In each particular country, shall be more fully displayed. Let us, however, collect the facts which now present them selves. Among the curiosities of newly discovered America was the Indian canoe. Its slender and ele gant form, Its rapid movement, its capacity to bear burdens and resist the rage of billows and torrents, excited no small degree of admiration for the skill by which it was constructed. After the lapse of two centuries, the ships of America were equally admired in the ports of great naval powers, for their lightness, their beauty, the velocity with which they sail, the facility with which they are managed. Nau tical architecture may be considered as one of the most Important branches of mechanic knowledge. The higher order of mathematic science has been called into act for its advancement. And certainly a line of battle ship is one of the most powerful en gines that was ever framed. In comparison with it, the ancient inventions for defence or destruction dwindle, almost, to Insignificance. And yet our untutored ship-builders have, by the mere force of genius, excelled their European brethren In this diffi cult, complex art. So great is the difference, that children distinguish, at first sight, the American ship ascending the Elbe to Hamburgh: a city of considerable trade long before Columbus was bom. 22 Again — We find among our savage tribes, the com memoration of events by painting : rude. Indeed, but more distinct than In other barbarous nations. May I not remark that an American is at the head of that art in England, and that many others, who excel in it, drew their first breath on our shores. Again — Let me recall, gentlemen, to your recollection, that bloody field In which Herkemer fell. There was found the Indian and the white man, born on the banks of the Mohawk, their left hand clenched in each other's hair, the right grasping, in a gripe of death, the knife plunged in each other's bosom. Thus they lay frowning. Africa presents a number of na tions, like those of America, uncivilized. But how different ! I will not say inferior, for they also have excellence peculiar to themselves. They are not, indeed, either painters or builders ; but no where, not even in Italy, is the taste for music more universal. If we believe, with Frederick the Great, that rea son and experience are -the crutches on which men halt along in the pursuit of truth, it may not be amiss to ask the aid of what is known about the Indian character and history, in order to dr.iw the horoscope of our country. What is the statesman's business? If futurity were known, the simplest which can be imagined. For, as In reading Virgil we find the verse so smooth that every scholar thinks he could easily make as good ; so, in glancing his eye along the page of history, an indolent reader figures to himself that he too could be a prince of Orange, a Walsingham, a- 23 Richelieu. And so indeed he might, by the aid of self-command, common prudence and common sense, could he see Into futurity and penetrate the thoughts of those with whom he is to act. But there lies the difficulty. Let us see then whether some other characteristic of the aborigines may not open to us a view of our selves, and the perspective of our country. It has already been noticed that the Dutch, on their arrival, found the Indian tribes free. They were subject nei ther to princes nor to nobles. The Mohawks had not, like the Romans, naturahzed those whom they subdued. It was a federal nation,- a federal govern ment, a people as free as the air they breathed ; acute, dexterous, eloquent, subtle, brave. They had more of the Grecian than of the Roman character. The most strongly marked, perhaps, of their moral fea tures, was a high sense of personal Independence. Is it not likely that this may be the character of our children's children? May we not hope that the lib erty to which we were bred, will be enjoyed and pre served by them? It must, indeed, be acknowledged that an extent so vast as that of the United States is less favorable to freedom than a more confined domain, and gives reason to apprehend the establishment of monarchy. Moreover, the anxious patriot may well tremble at the prevalence of faction, at the attempts to prostrate law, and at those absurd principles of mob power, as wildly preached by some as they are wick edly practised by others. Still there is ground of 24 hope. Still it is permitted to believe that those wh© pursue despotic power, along the beaten path of de mocracy, and expect to establish their dominion over the people, by flattering the populace, will be sorely disappointed. The soul of this nation cannot be sub dued. Neither will those who tread the sOll in which the Mohawks are entombed submit to be slaves. I shall not be surprised that ideas of this sort are treated as visionary speculations. When the great Chatham, in January, 1775, having moved an address for recalling the British troops from Boston said, in a speech which will ever do honor both to his eloquence and discernment, " America, insulted with an armed " force, irritated with a hostile army before her eyes, " her concessions. If you could force them, would be " suspicious and insecure. But it is more than evi- " dent that you cannot force them to your unworthy " terms of submission. It is impossible. We our- " selves shall be forced ultimately to retract. Let us " retract while we can ; not when we must. I repeat " it, my lords, we shall one day be forced to undo " these violent oppressive acts. They must be re- " pealed. You will repeal them. I pledge myself " for it that you will in the end repeal them. I stake '" my reputation on it. I will consent to be taken for " an idiot if they are not repealed." When the ven erable statesman thus poured forth prophetic elo. quence, the wise ones of that day, exulting in " a lit- " tie brief authority," shrugged up their shoulders and said, with a sneer of affected commisseration, poor 25 old peer ! He has outlived his understanding. In fancy to be sure he Is young and wild, but reason Is gone ; he dotes. So, too, In the height of Gallic phrenzy, there was a cry raised to hunt down those who, reasoning and reflecting, foresaw and foretold a military despotism as the natural, the necessary re sult of such unexampled atrocities. It became a fashion to speak of those who warned their country against the contaminating touch, the infectious breath of licentious pollution, as enemies of liberty, as mad with aristocratic notions, as whimsical and fantastic. But now the predictions of Chatham and of Burke are verified. And it may now be asked, where are the men who called those eloquent sages fools ? They are precisely where Chatham, who knew mankind, would have predicted. They are In authority and enjoy the blind confidence of disciples who, when their masters shall have blundered on ninety and nine times more, will most faithfully adhere to them in their hundredth blunder. Returning from this digression, I take leave to observe that our state will support a population of four millions. Already It exceeds nine hundred thousand white inhabitants, although twenty years ago it was but little more than three hundred thou sand. When, therefore, the salubrity of our climate, the fertility of our soil, the convenient situations for manufacturing establishments, and our advantageous position for trade are considered, there is reason to c 26 /believe the period not distant when we shall count four million inhabitants : and certainly our wealth, if we are blest by a good government, must keep pace with our population. New- York, connected with her eastern brethren and New- Jersey, had in 1810 more than two million and a half of Avhite inhabitants ; wherefore we may reasonably conclude that in half a century they will contain eight millions ; for in 1790 their number was short of one million and a half, and in 1800 was near two : having encreased about one third in each term of ten years, but more than three fourths In the whole term of twenty years, viz. from 1,476,631 to 2,597,634. Though not yet distin guished as a manufacturing people, yet, judging by those fruits which the inventive genius of our fellow- citizens has produced, we may reasonably foster, even in that respect, exulting expectations. Nume rous at land, we are not strangers at sea. Our coun- tr}'^ abounds In iron, and the use of It is not unknown to her children. If, then, monarchy and aristocracy establish them selves in other portions of America ; if the variously colored population of states, in which domestic slavery prevails, should be condemned to civil and political slavery; if they should be subjected to haughty ca ciques ; let us hope that here we may be led by the council of our sachems. Let it not, however, be supposed, that a breach of the federal compact is in tended : for, setting aside all attachment to national union, so essential to public tranquillity, if a separa- 27 tion of the states were contemplated, the Delaware would not be chosen as their boundary. But when the great extent of our country, when the violence of rash men, when the dangerous Inequality of civil con dition, when the contempt which some express for others, alarm those whose lives have been devoted to liberty, it is natural to look about and enquire, if there be no asylum to which freedom may fly when driven from her present abode. In such moments of anxious solicitude, it Is no small consolation to believe that here, whatever may be her fate elsewhere, here, gentlemen, her temple will stand on a founda tion Immoveable. Here we have, at this moment, more free citizens than the whole union could boast of in 1775. And here I fondly hope, here I firmly Relieve, the spirit of 1775 still glows in the bosoms of the brave. It is among the circumstances which ought not to. be overlooked, in this general view of our history, that the practice of law has been strictly modelled on that which prevails, In what we formerly called our mother country. That land of good nature and good sense from which we learned the most useful lessons of our lives : our liberty, our laws and our religion. Wits may scoff at the pedantry of special pleading, the barbarous phraseology of lawyers, and stern se verity of judges who, trampling on the flowers of eloquence, check babbling and confine the bar within the bounds of strict logic : but those who think will perceive that, inasmuch as things are expressed by 28 - Words, precise expression can only be effected by words of estabhshed signification; and since the rule of conduct cannot be applied until the fact be estab lished, it is a pre-requisite that such precise assertion be made by the one party, and such precise negation by the other, as distinctly to state the facts to be as certained. The judges of fact can then accurately determine on its existence, and, that done, the judges of law can apply the rule. Every case, so adjudged, will serve as a rule for cases which may afterwards arise ; and thus the general principles of natural jus tice, the maxims of ancient usage, and the positive injunctions or inhibitions of legislative providence, are extended to the Infinite variety of human actions and relations : so that liberty and property are secu red. Nor Is it, as many have hastily supposed, an evil, that law is expensive to suitors : for, as far' as the suitor himself is concerned, by deterring him from litigation, it strengthens (if his cause be good) the sentiment of benevolence, and enforces (if bad} the duty of justice. By lessening the number of suits, it diminishes the causes of discord. Trifling injuries which, if unnoticed, would soon be forgotten, may, by a vindictive spirit, be made the subject of controversy and separate families for more than one generation. Moreover, this great expence of law is a great public economy ; for when cheap lawyers, multiplying trivial causes, croud tribunals with a host of jurors, parties, witnesses, and their needful attend ants, many fields lie uncultivated, many work-shops 29 are neglected, and habits of idleness and dissipation are acquired, to the manifest injury and Impoverish ment of the republic. Is it a suggestion of fancy, or am I warranted In supposing that rigid practice of law may give some what of precision to general modes of thinking ; that it may even render conversation less diffusive, and therefore more instructive ; , that the accuracy of for ensic argument may communicate vigor to parlia mentary debate ; that the deep sense and grave de portment of the bench and bar may have Imparted to our character more of solidity than it would oth erwise have possessed ? This city was long the head quarters of a British army, and familiar Intercourse with officers, many of whom were men of family and fashion, while it gave (perhaps) a little of that lustre and polish which distinguish the higher ranks of so ciety, could not but dispose young people to levity and mirth, more than is suited to the condition of those who must earn their living by their industry. Man is an imitative animal. Not only his deport ment, his language and his manners, but even his morals depend, in a great degree, on his companions. Let us suppose two Individuals, of twin resemblance as to intellectual disposition and power, one of them frequently attending on courts of strict practice, the other on those, where lengthened declamation: wears out tedious days on questions of trifling import. Would not the latter slide into' a loose mode both of thinking and speaking ; might he not conceive that 30 to talk long is to talk well ; might he not attend too much to the melody of periods, too little to the pre cision of thought; might he not, at length, be expo sed (from indulging the habit of loose thinking) to the danger of loose acting? It requires accuracy of investigation and clearness of perception to distin guish right from wrong when, in doubtful circum stances, self-interest is concerned. A man, therefore, may easily be Induced to do wrong, in compliance with what he feels to be his Interest, when he thinks it may be right : especially when he thinks that those who are to judge may be prevailed on to decide in his favor. Is there not, on the other hand, reason to suppose that he, whose course of life has led him to Scenes of sharp enquiry, who has listened to argu ments of precise logic, who has participated in de cisions of legal strictness, is there not reason to be lieve that this man will use a diction more concise, possess a judgment more acute, and observe a more correct line of conduct? These probable, or at least possible, effects of for ensic accuracy, may be encreased, or diminished, or destroyed, by the ever varying circumstances of our civil and social condition. Nay, their very existence may be questioned, or attributed to other causes. Talents and habits of observation must be exercised to make the due investigation. But there Is one im^ portant consequence which cannot easily be Over looked or assigned to any other cause. I allude to the value of property in this state, and merely men- 31 lion it, because detailed observations would be te dious, perhaps invidious. Permit me, however, to notice the more prominent reasons why it must pro duce that effect, in the political associations of man kind. It is evident, at the first blush, that a purchaser of land will give more for a good than for a doubtful title, and It Is equally evident that titles must be less secure where scope is given to declamation, than where strict practice and close logic are required. If we look a little nearer, we shall perceive a more ex tensive consequence. The creditor who is certain of getting speedily what is due to him, provided the debtor possess sufficient property, will be more libe ral of credit than where the recovery of debts is te dious and uncertain. But credit is equivalent to money, and, like money, not only enhances the price of property, but, obviating the want of money, be comes, to the nation in which it prevails, a substitute for that intrinsic value, p^t of their capital stock, which would, otherwise, be sent abroad to procure the precious metals. Indulge me, gentlemen, while on this subject, in another observation. The more strict and regular is the practice of law, the greater is our certainty that the guilty will be punished ; and, of necessary con sequence, that the innocent will be protected. The law, when it is a terror to evil doers, is the safeguard not only of property but of life, and of that which wise and virtuous citizens value more than life. It is the protector of liberty. Where the law is su- 32 preme, every one may do what It permits, without fear ; and from this happy condition arises that habit of order which secures the public peace. But when any man, or association of men, can exercise discre tionary power over others, there Is an end of that liberty which our fathers enjoyed and for which their sons bled. Whenever such an association, assuming to be the people, undertake to govern according to their will and pleasure, the republic which submits — nay, the republic which does not immediately subdue and destroy them. Is In the steep downhill road to despotism. I cannot here, gentlemen, help congra tulating you on the high standing of our city, during late events, and adding my feeble approbation to the full applause so justly bestowed on its magistrates., To say more might look like adulation. To say less would be a want of gratitude. Among the singularities of our history, is the slow progress of population, previous to the year 1783, compared with that of other states. James-town in Virginia, was founded in 1607, Quebec in 1608, New- York in 1615, New-Plimouth In 1620. Thus in the short space of fourteen years, these different plantations of mankind were made. The settlement of Pensilvania was undertaken full sixty years later : and yet at the commencement of the war for defence of our rights, one hundred and fifty five years after the first settlement of New-Plimouth, and only ninety four years after the fir§t settlement of Pensilvania, 33 the population (according to the congressional esti mate) was of The eastern states, exclusive of Vermont, nearly as 70 That of New-York, Vermont and New-Jersey, ... 33 That of Pensiiyania and Delaware, 33 And that of Maryland and Virginia 64 Together, 200 Moreover, according to that estimate, the proportion of the states of Virginia, Pensilvania and New- York was Virginia, 44 Pensilvania, 33 New-Tirk, including Vermont, 22 Together, 99 But Virginia had been planted 168 years. New- York 160, and Pensilvania only 94, which gives a propor tion to Virginia, of, 39 Pensilvania, 22 And New-York, , 38 99 So that the population of Virginia had advanped, compared with the term of settlement, 5, and Pensil vania 11, while New- York was deficient 16. The citizens of Pensilvania, warmed with that attachment to their country so honorable to man, attributed their superior prosperity to natural and moral advan tages which they believed themselves to possess. They supposed their climate more mild than ours, more salubrious than that of Virginia, their soil more fertile than either, and they contrasted the simplicity of manners among those called quakers^ and their E 34 equality of civil condition, with what they supposed to be the luxury and aristocracy of men to whom manors had been granted, and who were the masters of slaves. The citizens of New- York, however, be lieved that the comparative prosperity of Pensilvania might more naturally be attributed to circumstances more evident, and of less doubtful operation. With out acknowledging either a moral or civil superiority, they believed that nature had given them as good a climate, a better soil, and a more favorable situation ; but their country had been from the beginning, a theatre of war, and stood in the fore front of the bat tle. New-York was, like Joseph, a victim of paren tal kindness. Not, Indeed, that her brethren, like his, were disposed to sell or kill the favorite- child ; but that their enemy endeavoured to subdue her, as the means more effectually to annoy them. The only accurate solution of such questions is made by time. For as experience Is the groundwork, so is time the test of political reasoning. At the end of seven years from the period when the estimate men tioned was made, by the first congress, another se vere hurricane of war had blown over our state and laid it in ruins. Our frontier settlements had been broken up, and a part of our capital reduced to ash es. Our citizens were banished or beggared, and our commerce annihilated. Whatever doubts, there fore, may have been entertained as to the accuracy of proportions taken in 1775, there was no doubt left in 1783 but that we were below the ratio assumed when the war began. In less than eight and twenty 35 years, from that time, the census was taken on which the representation in congress is apportioned. And according to the ratio thereby estabhshed. The eastern states, exclusive^ of Vermont, are as. . 53 New-York, Vermont, and New-Jersey, 60 Pensilvania and Delaware, 38 And Maryland and Virginia 49 Total 200 Or allowing for the black population, which Is not fully represented, the number would be, In tile eastern states, exclusive of Vermont, as .... 51 New- York, Vermont and New- Jersey, 58 Pensilvania and Delaware, 36 And Maryland and Virginia, . 55 Total 200 If this be compared with the first proportion, viz. that made by estimate in 1775, we shall find that the eastern states have decreased 19, Virginia and Ma ryland 9, while this state with Vermont and New. Jersey, have increased 25, Pensilvania and Delaware 3, Or taking the relation between Virginia, Pensil vania and New- York which was Then, Virginia, 44 Now, 35 Pensilvania, 33 „ 29 New-York, with Vermont, 22 Without Vermont, ... 35 99 99 It appears that Virginia has decreased 9, and Pensil vania 4, making the 13 which New-York has gained. In respect to Virginia, however, the variation may arise from those colonies which have left the antient dominion to people southern and western states. It may be well, therefore, to confine our view to a com- parison of this state with her sister Pensilvania. In July 1775 the congress estimated the population of Pensilvania and that of New- York, then including Vermont, in a proportion of three to two, which gives to Pensilvania, 30 New- York 20 50 but by the late apportionment of Representatives, Pensilvania has 23 New- York, 27 Together, 50 So that in the space of twenty-eight years of peace, from 1783 to 1811, Pensilvania has lost seven in thirty, and New- York has gained seven in twenty, on their relative proportion : and this too without including Vermont. Finally, the matter may be examined in a still more simple point of view, and, speaking in round numbers, if the estimate of 1775 be considered as tolerably accurate, Massachusetts has encreased one half, Pensilvania has doubled, and New- York quadrupled since it was made. Excuse me, gentlemen, for dwelling so much on a calculation which may appear to some as mere amusement. It shews by conclusions, which, foun ded on arithmetic, cannot be questioned, that the growth of this state was impeded only by the wars in "which it has been so often, so deeply, and so dis astrously engaged. From 1614, when FortOrangCj now Albany, was built, to 1810, when the last cen sus was iyken, there are seven terms of 2S years. 37 Durin;^ the first six terms, which ended in 1782, we had not attained to more than one fourth of our present condition. It has already been observed that the settlement of Pensilvania began In 1681, but as it may be contended that antecedent settlements in Delaware and New- Jersey facilitated the undertaking of Mr. Penn, we may go back a few years and suppose it to have commenced In 1670, from which time to that in which the last census was taken, there are five terms of 28 years. In the first four Pensilvania at tained to one half of her present condition, and had acquired more by one half than we had In six. But in the last term they have little more than doubled while we have quadrupled. But it may be said that no reliance ought to be placed on the estimate made by congress in 1775, and that comparisons drawn from proportions then assumed, are not convincing. It may be well, therefore, to test the question by a standard whose accuracy cannot be denied. The census of 1790 gave to Pensilvania 424,099 white inhabitants. The encrease in ten years was 38 per cent, in the next ten years 34 per cent, (or in the whole twenty years 85 per cent) so as to amount in 1810 to 786,804. The census of 1790 gave to New- York only 314,142 white inhabitants: being to Pen silvania even then, only in the proportion of near 3 to 4. The encrease in ten years was 77 per cent. In the next ten years 65 per cent, (or In the whole twenty years. 192 per cent) so as to amount in 1810 to 918,699: being to Pensilvania, in the proportion of 7 to 6. And now let a glance be east at the position 38 of those lands which have beeh settled, in those two states, within the last twenty years. They are sepa rated from each other by the River Delaware, for more than fifty miles, and then only by a mathema tical line, for more than two hundred miles. It may be asserted, without danger of contradiction, that along this extensive frontier, New-York is more thickly settled than Pensilvania. Without conten ding, therefore, as to civil or moral advantage, it can hardly be denied that a soil and climate which have attracted such great population in the last term of 28 years, would have thickly settled the state long ago, had It not been for a political cause, which, while it retarded the population of New- York, and because it retarded the population of New- York, promoted and accelerated the population of Pensilvania. That great political cause, unhappily for us, again brought into operation, was war with the possessor of Canada. It has already been noticed, that in the last ten years our number has encreased 65 per cent. This city has in that period, (nearly keeping pace with the ag gregate) encreased 60 per cent. But the western district has encreased at the rate of 175 per cent. If we add the counties of Montgomery, Essex, Clin ton, and Franklin, so as to embrace the whole nor thern frontier, the rate of encrease is 163 per cent: the amount upwards of 261,000, whereas, that dis trict, those counties and this city excepted, the ratio for the rest of the state was only 20 per cent ; and the amount little more than 75,000. In effect near 262,000 out of not quite 373,000, our total in- S'9 crement, belong to our northern and western country : so that seven tenths of that growth, which we beheld with astonishment and exultation, was the produce of a country now exposed to the chance and disasters of war. Nearly one other tenth was in the capital. This, gentlemen. Is neither the place nor the occa sion to enquire into the policy, much less the justice of those measures, by which we are distressed- Bowing with deference to the national government; I am willing to suppose that, In so far as regards the United States, the war may have been begun and is now carried on justly, wisely, happily ; but for us, most unhappily. Every member of this society is, undoubtedly, disposed by every proper exertion and every possible sacrifice, to support the honor and in dependence of our country. But he must be void of discernment who does not perceive that war, with the greatest naval power, is no happy condition for a commercial people. Whether America will eventu ally rejoice In trophies gained, territory acquired, and privileges torne, from an enemy subdued ; or. whether she shall weep for defeats sustained, domi nion lost, and rights surrendered, must depend, un der God, on the manner in which this war shall be conducted, and the wisdom and integrity of the ne gotiations by which It shall be concluded. But, whatever may be the feelings of our sister states;^ whether they, as events may indicate, shall clothe^ themselves in scarlet or in sack-cloth; our house ' will, in all probability, be a house of mourning.. It is by the lights of history and geography that we 40 discern the interests of a country, and the means by which they can best be pursued and secured. Am I mistaken in concluding, from the foregoing details, which may, I fear, have been tedious to you, that we should encourage husbandry, commerce, and useful arts as the great columns which are to support the fabric of our wealth and power. That we should promote order, industry, science, and religion, not only as the guardians of social happiness, but as the outworks to the citadel of our liberty. And finally that we should, as the best means of effecting those objects, so arrange our concerns as that the manage ment of public affairs be entrusted to men of wis dom, firmness, and integrity. I will venture to add the idea that, in any political change which circum stances may induce, we should respect the example of our predecessors, the Six Nations, and not be persuaded to ask for a king that he may go out be fore us, like the other nations, nor submit to the sway of hereditary nobles. It would be a fatal delusion if, for the military vigor of one institution, or the poli tical cunning of the other, we should surrender that freedom which ennobles man. Nor would it be less fatal that, with a view to simplicity and unity, we should permit the consolidation of too great a mass : for history teaches that republican spirit is liable to fermdnt, when in a large vessel, and be changed to the corroding acid of despotism. 3 9002 00471 8228 F:^