,note3 ,images of the original pages are available through ,internet ,archive_/,american ,libraries4 ,see https3_/_/archive4org_/details_/collecti onofessa#jjwebs ,transcriber's note3 ,text enclosed by underscores is in italics 7italics74 ,the headings in the table of contents do not always match the headings in the text4 ,the subsections do not have their own heading1 but refer to the page where his writing on this topic starts4 ,the mistakes mentioned in the erratum list on page viii have all been incorporated in the text4 ,a list of corrections to the text can be found at the end of the document4 ,a ,,collection of ,,essays ,,and ,,fugitiv ,,writings4 ,,on ,,moral1 ,,historical1 ,,political and ,,literary ,,subjects4 ,,by ,,noah ,,webster1 ,,jun4 ,,attorney ,,at ,,law4 ,heureuses les villes qui1 comme les individus1 n'ont point encore pris leur pli6 ,elles feules peuvent aspirer des loix unanimes1 profondes et sages4 ,,tableau ,,de ,,paris4 ,printed at ,boston1 for the ,author1 by ,i4 ,thomas and ,e4 ,t4 ,andrews1 at ,faust's ,statue1 ,no4 #de1 ,newbury ,street4 ,,mdccxc4 ,,subscribers ,the honorable ,john ,adams1 ,esq4 ,vice ,president of the ,united ,states1 #b copies4 ,the hon4 ,pierce ,butler1 ,esq4 ,the hon4 ,charles ,carrol1 ,esq4 ,the hon4 ,oliver ,ellsworth1 ,esq4 ,the hon4 ,william ,few1 ,esq4 ,the hon4 ,benjamin ,hawkins1 ,esq4 ,the hon4 ,john ,henry1 ,esq4 ,the hon4 ,ralph ,izard1 ,esq4 ,senators in ,congress4 ,the hon4 ,william ,samuel ,johnson1 ,esq4 ,the hon4 ,samuel ,johnston1 ,esq4 ,the hon4 ,rufus ,king1 ,esq4 ,the hon4 ,robert ,morris1 ,esq4 ,the hon4 ,george ,read1 ,esq4 ,hon4 ,jonathan ,trumbull1 ,esq4 ,representativs ,jeremiah ,wadsworth1 ,esq4 #b copies4 in ,congress4 ,a4 ,nathaniel ,w4 ,appleton1 ,physician1 ,boston4 ,john ,allen1 ,esq4 ,attorney at ,law1 ,litchfield4 ,b4 ,isaac ,baldwin1 ,esq4 ,clerk of ,court1 ,litchfield4 ,isaac ,baldwin1 jun4 ,esq4 ,attorney1 do4 ,mrs4 ,ruthy ,barlow1 ,greenfield4 ,mr4 ,jesse ,benedict1 ,fairfield4 ,mr4 ,isaac ,bronson1 ,hartford4 ,mr4 ,caleb ,bull1 do4 ,mr4 ,james ,burr1 do4 ,jonathan ,brace1 ,esq4 ,attorney1 ,glanstenbury4 ,david ,burr1 ,esq4 ,attorney1 ,fairfield4 ,barna ,bidwell1 ,esq4 ,attorney1 ,new ,haven4 ,john ,bird1 ,esq4 ,attorney1 ,salisbury4 ,c4 ,peter ,colt1 ,esq4 ,treasurer of ,connecticut1 ,hartford4 ,mr4 ,john ,m',curdy1 ,merchant1 do4 ,richard ,m',curdy1 ,esq4 ,attorney1 ,lyme4 ,john ,caldwell1 ,esq4 ,alderman of the ,city of ,hartford4 ,mr4 ,john ,chenevard1 jun4 ,hartford4 ,hon4 ,john ,chester1 ,esq4 ,judge of the ,county ,court1 ,wethersfield4 ,thomas ,chester1 ,esq4 ,attorney1 ,wethersfield4 ,edward ,carrington1 ,physician1 ,milford4 ,reverend ,henry ,channing1 ,new ,london4 ,joshua ,coit1 ,esq4 ,attorney1 do4 ,mr4 ,lynde ,m',curdy1 ,merchant1 ,norwich4 ,messieurs ,coit and ,lathrop1 ,merchants1 do4 ,mason ,f4 ,cogswell1 ,physician and ,surgeon1 ,hartford4 ,reverend ,john ,clarke1 ,boston4 ,d4 ,samuel ,w4 ,dana1 ,esq4 ,attorney1 ,middleton4 ,david ,daggett1 ,esq4 ,attorney1 ,new ,haven4 ,mr4 ,benadam ,dennison1 ,norwich4 ,e4 ,pierpont ,edwards1 ,esq4 ,attorney for ,connecticut ,district1 ,new ,haven4 ,f4 ,mr4 ,thomas ,fanning1 ,norwich4 ,g4 ,william ,greenleaf1 ,esq4 ,boston4 ,chauncey ,goodrich1 ,esq4 ,attorney1 ,hartford4 ,elizur ,goodrich1 ,esq4 ,attorney1 ,new ,haven4 ,gideon ,granger1 jun4 ,esq4 ,attorney1 ,suffield4 ,gaylord ,griswold1 ,esq4 ,attorney1 ,windsor4 ,h4 ,his ,excellency ,samuel ,huntington1 ,esq4 ,governor of ,connecticut4 ,lemuel ,hopkins1 ,physician1 ,hartford4 ,mr4 ,asa ,hopkins1 ,druggist1 do4 ,uriel ,holmes1 ,esq4 ,attorney1 ,new ,hartford4 ,colonel ,ebenezer ,huntington1 ,merchant1 ,norwich4 ,mr4 ,joseph ,howland1 do4 ,mr4 ,andrew ,huntington1 ,merchant1 do4 ,mr4 ,levi ,huntington1 do4 ,david ,hull1 ,physician1 ,fairfield4 ,william ,hillhouse1 ,esq4 ,attorney1 ,new ,haven4 ,captain ,pliny ,hillyer1 ,granby4 ,samuel ,henshaw1 ,esq4 ,northampton4 ,i4 ,jonathan ,ingersoll1 ,esq4 ,attorney1 ,new ,haven4 ,j4 ,william ,judd1 ,esq4 ,attorney1 ,farmington1 #b copies4 ,john ,coffin ,jones1 ,esq4 ,boston4 ,k4 ,mr4 ,isaac ,kibby1 ,merchant1 ,enfield4 ,ephraim ,kirby1 ,esq4 ,attorney1 ,litchfield4 ,mr4 ,joshua ,king1 ,ridgefield4 ,l4 ,lynde ,lord1 ,esq4 ,sheriff of ,litchfield ,county1 ,litchfield4 ,m4 ,reverend ,jedidiah ,morse1 ,charlestown4 ,william ,moseley1 ,esq4 ,attorney1 ,hartford4 ,samuel ,marsh1 ,esq4 ,attorney1 ,litchfield4 ,mr4 ,john ,morgan1 ,merchant1 ,hartford4 ,mr4 ,william ,marsh1 do4 ,eneas ,munson1 jun4 ,physician1 ,new ,haven4 ,ashur ,miller1 ,esq4 ,attorney1 ,middleton4 ,george ,r4 ,minot1 ,esq4 ,attorney1 ,boston4 ,n4 ,hon4 ,roger ,newberry1 ,esq4 ,judge of the ,county ,court1 ,windsor4 ,o4 ,mr4 ,jacob ,ogden1 ,merchant1 ,hartford4 ,harrison ,gray ,otis1 ,esq4 ,attorney1 ,boston4 ,p4 ,ralph ,pomeroy1 ,esq4 ,controller of the ,treasury1 ,hartford4 ,enoch ,perkins1 ,esq4 ,attorney1 ,hartford4 ,mr4 ,nathaniel ,patten1 ,merchant1 ,hartford1 #c copies4 ,colonel ,joshua ,porter1 ,judge of the ,county ,court1 ,salisbury4 ,jonas ,prentice1 jun4 ,esq4 ,new ,haven4 ,colonel ,noah ,phelps1 ,symsbury4 ,giles ,pettibone1 ,esq4 ,norfolk4 ,r4 ,hon4 ,jesse ,root1 ,esq4 ,judge of the ,superior ,court1 ,hartford4 ,nathaniel ,rosseter1 ,esq4 ,guilford4 ,ephraim ,root1 ,esq4 ,attorney1 ,hartford4 ,tapping ,reeve1 ,esq4 ,attorney1 ,litchfield4 ,s4 ,reverend ,nathan ,strong1 ,hartford4 ,thomas ,y4 ,seymour1 ,esq4 ,attorney1 do4 ,mr4 ,isaac ,sanford1 ,goldsmith1 do4 ,reuben ,smith1 ,esq4 ,litchfield4 ,daniel ,sherman1 ,esq4 ,chief ,judge of ,county ,court1 ,woodbury4 ,general ,heman ,swift1 ,cornwall4 ,lewis ,b4 ,sturgis1 ,esq4 ,attorney1 ,fairfield4 ,mr4 ,james ,smedley1 do4 ,zephaniah ,swift1 ,esq4 ,windham4 ,t4 ,john ,trumbull1 ,esq4 ,state ,attorney for ,hartford ,county4 ,uriah ,tracy1 ,esq4 ,attorney1 ,litchfield4 ,nathaniel ,terry1 jun4 ,esq4 ,attorney1 ,enfield4 ,mr4 ,thomas ,tisdale1 ,merchant1 ,hartford4 ,w4 ,the ,hon4 ,oliver ,walcott1 ,esq4 ,lieutenant ,governor of ,connecticut1 ,litchfield4 ,john ,williams1 ,esq4 ,attorney1 ,wethersfield4 ,william ,williston1 ,esq4 ,attorney1 ,symsbury4 ,mr4 ,joseph ,williams1 ,norwich4 ,mr4 ,ashbel ,wells1 ,merchant1 ,hartford4 ,alexander ,wolcott1 ,esq4 ,attorney1 ,windsor4 ,mr4 ,thomas ,walley1 ,merchant1 ,boston4 ,thomas ,welsh1 ,physician1 ,boston4 ,,to ,the ,,president1 ,the ,,vice ,,president1 ,the ,,senators1 and ,the ,,representativs ,,of ,,the ,,united ,,states of ,,america1 ,the following ,,publication1 ,designed to ,aid the ,,principles of the ,,revolution1 ,,to ,suppress ,,political ,,discord1 ,,and ,,to ,diffuse a ,,spirit of ,,enquiry1 ,favorable to ,,morals1 to ,,science1 and ,,truth1 ,is most humbly inscribed1 ,as a ,,tribute of ,,respect for their ,,karacters1 ,of ,,gratitude for their ,,public ,,services1 ,and a ,,pledge of ,,attachment ,,to ,,the ,present ,,constitution ,,of ,,the ,,american ,,republic1 ,,by ,,their ,,most ,,obedient1 ,,and ,,most ,,humble ,,servant1 ,the ,author4 ,,hartford1 ,june1 #agij4 ,as the author was absent from the press1 and the copy1 in some places1 obscure or not correct1 some errors have unavoidably escaped the notice of the printers4 ,the following are the most material4 ,page #dg1 line #g1 after corporate add body4 #di1 line #d from bottom1 for cognized reed organized4 #ed1 line #f of note1 for would reed could4 #eh1 line #g1 for contrary reed contracting4 #adf1 last line1 for thousand reed hundred4 #aea1 line #b from bottom1 for jurisdiction reed usurpation4 #bfc1 line #ac1 for do reed did4 #bge1 line #e1 for ,archorites reed ,archontes4 #bhc1 line #ad1 for leriqu reed lingu1 and for dacodeni duodeni4 #cbc1 last line of text1 for godfather reed grandfather4 #cbg1 line #g from bottom1 for change reed chance4 #ccb1 line #g from bottom1 for masks reed marks4 #ccd1 line #bb1 place the full point after equity4 #cdi1 line #a1 for district reed distinct4 #cej1 line #b1 for mass reed map4 #cee1 line #e1 for ilans reed clans4 #cfe1 line #i1 for the manners reed this manner4 #cge1 line #c and #d from bottom1 for ilans reed ilands4 #cgg1 line #d1 for ,koman reed ,roman4 #chb1 line #d from bottom1 for necessarily reed necessary4 #dja1 line #bh1 for normous reed enormous4 ,,preface4 ,the following ,collection consists of ,essays and ,fugitiv ,peeces1 ritten at various times1 and on different occasions1 az wil appeer by their dates and subjects4 ,many of them were dictated at the moment1 by the impulse of impressions made by important political events1 and abound with a correspondent warmth of expression4 ,this freedom of language wil be excused by the frends of the revolution and of good guvernment1 who wil recollect the sensations they hav experienced1 amidst the anarky and distraction which succeeded the cloze of the war4 ,on such occasions a riter wil naturally giv himself up to hiz feelings1 and hiz manner of riting wil flow from hiz manner of thinking4 ,most of thoze peeces1 which hav appeered before in periodical papers and ,magazeens1 were published with fictitious signatures2 for ,i very erly discuvered1 that altho the name of an old and respectable karacter givs credit and consequence to hiz ritings1 yet the name of a yung man iz often prejudicial to hiz performances4 ,by conceeling my name1 the opinions of men hav been prezerved from an undu bias arizing from personal prejudices1 the faults of the ritings hav been detected1 and their merit in public estimation ascertained4 ,the favorable reception given to a number of theze ,essays by an indulgent public1 induced me to publish them in a volum1 with such alterations and emendations1 az ,i had heerd suggested by frends or indifferent reeders1 together with some manuscripts1 that my own wishes led me to hope might be useful4 ,during the course of ten or twelv yeers1 ,i hav been laboring to correct popular errors1 and to assist my yung brethren in the road to truth and virtue2 my publications for theze purposes hav been numerous2 much time haz been spent1 which ,i do not regret1 and much censure incurred1 which my hart tells me ,i do not dezerv4 ,the influence of a yung writer cannot be so powerful or extensiv az that of an established karacter2 but ,i hav ever thot a man's usefulness depends more on exertion than on talents4 ,i am attached to ,america by berth1 education and habit2 but abuv all1 by a philosophical view of her situation1 and the superior advantages she enjoys1 for augmenting the sum of social happiness4 ,i should hav added another volum1 had not recent experience convinced me1 that few large publications in this country wil pay a printer1 much less an author4 ,should the ,essays here presented to the public1 proov undezerving of notice1 ,i shal1 with cheerfulness1 resign my other papers to oblivion4 ,the reeder wil obzerv that the orthography of the volum iz not uniform4 ,the reezon iz1 that many of the essays hav been published before1 in the common orthography1 and it would hav been a laborious task to copy the whole1 for the sake of changing the spelling4 ,in the essays1 ritten within the last year1 a considerable change of spelling iz introduced by way of experiment4 ,this liberty waz taken by the writers before the age of queen ,elizabeth1 and to this we are indeted for the preference of modern spelling over that of ,gower and ,chaucer4 ,the man who admits that the change of housbonde1 mynde1 ygone1 moneth into husband1 mind1 gone1 month1 iz an improovment1 must acknowlege also the riting of helth1 breth1 rong1 tung1 munth1 to be an improovment4 ,there iz no alternativ4 ,every possible reezon that could ever be offered for altering the spelling of wurds1 stil exists in full force2 and if a gradual reform should not be made in our language1 it wil proov that we are less under the influence of reezon than our ancestors4 ,hartford1 ,june1 #agij4 ,,contents4 ,no4 ,i4 ,on the ,education of ,youth in ,america4 ,page ,general ,remarks4 #a ,division of the ,subject4 ,attention to the ,dead ,languages4 #c ,study of the ,english ,language necessary4 #g ,use of the ,bible in ,skools4 #h ,study of ,mathematics4 #i ,diversity of ,studies in the same ,skool4 #aj ,local ,situation of ,colleges and ,academies4 #aa ,on classing ,students4 #ac ,of good ,instructors4 #ae ,fatal ,effects of employing ,men of low ,karacters in ,skools4 #ah ,what ,books should be read in ,skools4 #bc ,on public ,skools--their ,importance in a free ,guvernment4 #bd ,on the ,education of ,females4 #bg ,on a foreign ,education4 #cj ,the ,tour of ,america1 a necessary ,part of a liberal ,education4 #ce ,no4 ,,ii4 ,principles of ,guvernment and ,commerce4 ,origin of ,guvernment4 #ch ,of ,representation4 ibid4 ,of the ,executiv and ,judicial ,powers4 #ci ,distinction between ,laws and legislativ ,grants and ,contracts4 #dj ,of collecting ,debts by ,law1 and of ,money4 #db ,of ,public ,justice4 #dc ,no4 ,,iii4 ,on ,bills or ,declarations of ,rights4 ,necessity and ,advantages of such ,declarations in ,england4 #de ,bills of ,rights not necessary in ,america4 #df ,no4 ,,iv4 ,on ,guvernment4 ,of the ,distinction between a ,convention and ,legislature4 #di ,no4 ,v4 ,the ,subject continued1 with a ,consideration of ,mr4 ,jefferson's ,arguments in ,favor of an unalterable ,constitution4 #ei ,no4 ,,vi4 ,the ,subject continued4 ,that the ,freemen of a ,state hav no ,right to bind their ,representativs in ,legisture by their own ,instructions4 #gb ,no4 ,,vii4 ,remarks on the ,manners1 ,guvernment and ,debt of the ,united ,states4 ,state of ,america after the ,war4 #ha ,causes of ,public ,unhappiness4 #hd ,pernicious ,effects of ,introducing foreign ,manners4 #he -------------------------------- ,false ,taste4 #id ,force of ,habit in ,guvernment4 #ig ,fatal ,effects of a ,sudden ,influx and fluctuating ,value of ,money4 #aje ,instability of ,laws4 #aab ,no4 ,,viii4 ,on ,paper ,money4 #aai ,no4 ,,ix4 ,on ,redress of ,grievances4 #abe ,no4 ,x4 ,the ,influence of the ,devil4 #abg ,no4 ,,xi4 ,desultory ,thoughts on the ,tranquillity of the ,guvernment of ,connecticut1 ,emissions of ,paper ,currency1 ,union of the ,states1 and ,popular ,complaints respecting ,lawyers4 #acb ,no4 ,,xii4 ,advice to ,connecticut ,folks4 #acg ,no4 ,,xiii4 ,an ,address to the ,dissenting ,members of the late ,convention in ,pensylvania4 #adb ,no4 ,,xiv4 ,on ,test ,laws1 ,oaths of ,allegiance1 ,abjuration and partial ,exclusions from ,office4 #aea ,no4 ,,xv4 ,sketches of the ,rise1 ,progress and ,consequences of the late ,revolution4 ,ground of ,european ,claims to ,north ,america4 #aed ,origin and ,progress of the ,controversies respecting ,america4 #aee ,causes of the late ,war1 between ,great ,britain and ,america4 #aeh ,massacre at ,boston in #aggj4 #afa ,first ,congress in #aggd4 #afd ,battle of ,lexington1 and ,progress of the ,war4 #afg ,appointment of ,general ,washington to the ,command of the ,american ,armies4 #afi ,letter from ,general ,washington1 explaining the ,circumstances which led to the ,capture of ,lord ,cornwallis4 #ahj ,treaty of ,peace4 #ahb ,consequences of the ,war4 ,defects of the ,confederation4 #ahc ,popular ,tumults on ,account of ,half ,pay to the ,officers of the ,army4 #ahd -------------- on ,account of the ,cincinnati4 #ahf ,failure of ,public ,credit4 #ahg ,insurrection in ,massachusetts4 #ahi ,regulation of ,prices4 #aib ,history of ,paper ,money4 #aid ,state of ,commerce4 #aih ,origin of the ,convention in #aghf4 #aii ,convention and new ,form of ,federal ,guvernment4 #bjj ,processions in ,honor of the ,constitution4 #bjc ,first ,congress under the ,constitution4 ibid4 ,no4 ,,xvi4 ,remarks on the ,method of ,burying the ,dead among the ,nativs of this ,country1 compared with that among the ,ancient ,britons4 #bje ,no4 ,,xvii4 ,on the ,regularity of the ,city of ,philadelphia4 #bag ,no4 ,,xviii4 ,a ,dissertation concerning the ,influence of ,language on ,opinions1 and of ,opinions on ,language4 #bbb ,no4 ,,xix4 ,effect of ,music on ,society4 #bbi ,no4 ,,xx4 ,on the ,morality of ,savage ,nations4 #bcc ,no4 ,,xxi4 ,a ,letter from ,constantia1 with the ,answer4 #bci ,no4 ,,xxii4 ,letter on the ,education of a ,young ,man1 with an ,answer4 #bde ,no4 ,,xxiii4 ,an ,enquiry into the ,origin of the ,words ,domesday1 ,parish1 ,parliament1 ,peer1 ,baron1 with ,remarks1 new and interesting4 ,etymology of ,domesday4 #bej ,probable ,etymology of ,parish4 #beb ,etymology of ,parliament4 #beh -------- of ,peer4 #bfa -------- of ,baron4 #bfh ,extract from ,camden's ,britannia4 #bia ------ from ,sir ,william ,temple's ,works4 #big ,postscript1 with ,remarks on ,juries after the ,conquest4 #bii ,no4 ,,xxiv4 ,the ,injustice1 ,absurdity1 and ,bad ,policy of ,laws against ,usury4 #cjd ,no4 ,,xxv4 ,the ,grounds and ,extent of ,allegiance1 ,natural and ,local4 #cag ,no4 ,,xxvi4 ,explanation of the ,reezons1 why ,marriage iz prohibited between ,natural ,relations1 designed to determin the ,propriety of marrying a ,wife's ,sister4 #cbb ,no4 ,,xxvii4 ,miscellaneous ,remarks on ,divisions of ,property1 ,guvernment1 ,education1 ,religion1 ,agriculture1 ,slavery1 ,commerce1 ,climate and ,diseezes in the ,united ,states4 ,connection between ,property and ,power4 #cbf ,tenure of ,lands in ,europe4 ibid4 -------------- in ,new ,england--its ,effects4 #cbh ,causes which may in ,future change our ,governments4 #ccb ,karacter of the ,first ,settlers of ,new ,england--their ,institutions--,support of ,clergymen1 ,skools1 ,newspapers1 ,parish ,libraries1 c4 #ccb to #cci ,constitution of ,connecticut--,origin--,excellencies and ,defects4 #cdj1 #cdg ,remarks on the ,state of ,new ,york4 #cdg ---------------------- ,new ,jersey--,territorial ,controversy between ,east and ,west ,jersey4 #cdh ,pensylvania-,territorial ,controversy between that ,state and ,connecticut4 #cee ,maryland4 #cfj ,virginia4 #cfa ,carolinas and ,georgia4 #cfd ,agriculture--,influence of ,slavery on this4 #cfe ,climate of ,america4 #cfh ,comparativ ,temperature of the ,wether in the ,northern and ,suthern ,states4 #cgb ,no4 ,,xxviii4 ,on a ,discrimination between the ,original and ,purchasing ,creditors of the ,united ,states4 #cgh ,no4 ,,xxix4 ,an ,address to ,yung ,gentlemen4 #chg ,no4 ,,xxx4 ,an ,address to ,yung ,ladies4 #djf ,a ,,collection ,,of ,,essays4 ,no4 ,i4 ,,new ,,york1 #aghh4 ,on the ,,education of ,,youth in ,,america4 ,the ,education of youth is1 in all governments1 an object of the first consequence4 ,the impressions received in early life1 usually form the characters of individuals2 a union of which forms the general character of a nation4 ,the mode of ,education and the arts taught to youth1 have1 in every nation1 been adapted to its particular stage of society or local circumstances4 ,in the martial ages of ,greece1 the principal study of its ,legislators was1 to acquaint the young men with the use of arms1 to inspire them with an undaunted courage1 and to form in the hearts of both sexes1 an invincible attachment to their country4 ,such was the effect of their regulations for these purposes1 that the very women of ,sparta and ,athens1 would reproach their own sons1 for surviving their companions who fell in the field of battle4 ,among the warlike ,scythians1 every male was not only taught to use arms for attack and defence2 but was obliged to sleep in the field1 to carry heavy burthens1 and to climb rocks and precipices1 in order to habituate himself to hardships1 fatigue and danger4 ,in ,persia1 during the flourishing reign of the great ,cyrus1 the ,education of youth1 according to ,xenophon1 formed a principal branch of the regulations of the empire4 ,the young men were divided into classes1 each of which had some particular duties to perform1 for which they were qualified by previous instructions and exercise4 ,while nations are in a barbarous state1 they have few wants1 and consequently few arts4 ,their principal objects are1 defence and subsistence2 the ,education of a savage therefore extends little farther1 than to enable him to use1 with dexterity1 a bow and a tomahawk4 ,but in the progress of manners and of arts1 war ceases to be the employment of whole nations2 it becomes the business of a few1 who are paid for defending their country4 ,artificial wants multiply the number of occupations2 and these require a great diversity in the mode of ,education4 ,every youth must be instructed in the business by which he is to procure subsistence4 ,even the civilities of behavior1 in polished society1 become a science2 a bow and a curtesy are taught with as much care and precision1 as the elements of ,mathematics4 ,education proceeds therefore1 by gradual advances1 from simplicity to corruption4 ,its first object1 among rude nations1 is safety2 its next1 utility2 it afterwards extends to convenience2 and among the opulent part of civilized nations1 it is directed principally to show and amusement4 ,in despotic states1 ,education1 like religion1 is made subservient to government4 ,in some of the vast empires of ,asia1 children are always instructed in the occupation of their parents2 thus the same arts are always continued in the same families4 ,such an institution cramps genius1 and limits the progress of national improvement2 at the same time it is an almost immoveable barrier against the introduction of vice1 luxury1 faction and changes in government4 ,this is one of the principal causes1 which have operated in combining numerous millions of the human race under one form of government1 and preserving national tranquillity for incredible periods of time4 ,the empire of ,china1 whose government was founded on the patriarchical discipline1 has not suffered a revolution in laws1 manners or language1 for many thousand years4 ,in the complicated systems of government which are established among the civilized nations of ,europe1 ,education has less influence in forming a national character2 but there is no state1 in which it has not an inseparable connection with morals1 and a consequential influence upon the peace and happiness of society4 ,education is a subject which has been exhausted by the ablest writers1 both among the ancients and moderns4 ,i am not vain enough to suppose ,i can suggest any new ideas upon so trite a theme as ,education in general2 but perhaps the manner of conducting the youth in ,america may be capable of some improvement4 ,our constitutions of civil government are not yet firmly established2 our national character is not yet formed2 and it is an object of vast magnitude that systems of ,education should be adopted and pursued1 which may not only diffuse a knowlege of the sciences1 but may implant1 in the minds of the ,american youth1 the principles of virtue and of liberty2 and inspire them with just and liberal ideas of government1 and with an inviolable attachment to their own country4 ,it now becomes every ,american to examin the modes of ,education in ,europe1 to see how far they are applicable in this country1 and whether it is not possible to make some valuable alterations1 adapted to our local and political circumstances4 ,let us examin the subject in two views4 ,first1 as it respects arts and sciences4 ,secondly1 as it is connected with morals and government4 ,in each of these articles1 let us see what errors may be found1 and what improvements suggested1 in our present practice4 ,the first error that ,i would mention1 is1 a too general attention to the dead languages1 with a neglect of our own4 ,this practice proceeds probably from the common use of the ,greek and ,roman tongues1 before the ,english was brought to perfection4 ,there was a long period of time1 when these languages were almost the only repositories of science in ,europe4 ,men1 who had a taste for learning1 were under a necessity of recurring to the sources1 the ,greek and ,roman authors4 ,these will ever be held in the highest estimation both for stile and sentiment2 but the most valuable of them have ,english translations1 which1 if they do not contain all the elegance1 communicate all the ideas of the originals4 ,the ,english language1 perhaps1 at this moment1 is the repository of as much learning1 as one half the languages of ,europe4 ,in copiousness it exceeds all modern tongues2 and though inferior to the ,greek and ,french in softness and harmony1 yet it exceeds the ,french in variety2 it almost equals the ,greek and ,roman in energy1 and falls very little short of any language in the regularity of its construction4#a #a ,this remark is confined solely to its construction2 in point of orthography1 our language is intolerably irregular4 ,in deliberating upon any plan of instruction1 we should be attentive to its future influence and probable advantages4 ,what advantage does a merchant1 a mechanic1 a farmer1 derive from an acquaintance with the ,greek and ,roman tongues8 ,it is true1 the etymology of words cannot be well understood1 without a knowlege of the original languages of which ours is composed4 ,but a very accurate knowlege of the meaning of words and of the true construction of sentences1 may be obtained by the help of ,dictionaries and good ,english writers2 and this is all that is necessary in the common occupations of life4 ,but suppose there is some advantage to be derived from an acquaintance with the dead languages1 will this compensate for the loss of five or perhaps seven years of valuable time8 ,life is short1 and every hour should be employed to good purposes4 ,if there are no studies of more consequence to boys1 than those of ,latin and ,greek1 let these languages employ their time2 for idleness is the bane of youth4 ,but when we have an elegant and copious language of our own1 with innumerable writers upon ethics1 geography1 history1 commerce and government2 subjects immediately interesting to every man2 how can a parent be justified in keeping his son several years over rules of ,syntax1 which he forgets when he shuts his book2 or which1 if remembered1 can be of little or no use in any branch of business8 ,this absurdity is the subject of common complaint2 men see and feel the impropriety of the usual practice2 and yet no arguments that have hitherto been used1 have been sufficient to change the system2 or to place an ,english school on a footing with a ,latin one1 in point of reputation4 ,it is not my wish to discountenance totally the study of the dead languages4 ,on the other hand ,i should urge a more close attention to them1 among young men who are designed for the learned professions4 ,the poets1 the orators1 the philosophers and the historians of ,greece and ,rome1 furnish the most excellent models of ,stile1 and the richest treasures of ,science4 ,the slight attention given to a few of these authors1 in our usual course of ,education1 is rather calculated to make pedants than scholars2 and the time employed in gaining superficial knowlege is really wasted4#b #b ,in our colleges and universities1 students read some of the ancient ,poets and ,orators2 but the ,historians1 which are perhaps more valuable1 are generally neglected4 ,the student just begins to read ,latin and ,greek to advantage1 then quits the study4 ,where is the seminary1 in which the students read ,herodotus1 ,thucydides1 ,xenophon1 ,polybius1 ,dionysius ,halicarnasseus1 ,livy1 ,velleius1 ,paterculus and ,tacitus8 ,how superficial must be that learning1 which is acquired in four years6 ,severe experience has taught me the errors and defects of what is called a liberal education4 ,i could not read the best ,greek and ,roman authors while in college1 without neglecting the established classical studies2 and after ,i left college1 ,i found time only to dip into books1 that every scholar should be master of2 a circumstance that often fills me with the deepest regret4 ,quis enim ignorat et eloquentiam et cteras artes descivisse ab ista vetere gloria1 non inopia hominum1 sed desidia juventutis1 et negligentia parentum1 et inscientia prcipientium1 et oblivione moris antiqui8--,nec in auctoribus cognoscendis1 nec in evolvenda antiquitate1 nec in notitia vel rerum1 vel hominum1 vel temporum satis oper insumitur4--,tacitus1 de ,orat4 ,dial4 #bh4 #bi4 ,a little learning is a dangerous thing1 ,drink deep1 or taste not the ,pierian spring4 ,but my meaning is1 that the dead languages are not necessary for men of business1 merchants1 mechanics1 planters1 c4 nor of utility sufficient to indemnify them for the expense of time and money which is requisite to acquire a tolerable acquaintance with the ,greek and ,roman authors4 ,merchants often have occasion for a knowlege of some foreign living language1 as1 the ,french1 the ,italian1 the ,spanish1 or the ,german2 but men1 whose business is wholly domestic1 have little or no use for any language but their own2 much less1 for languages known only in books4 ,there is one very necessary use of the ,latin language1 which will always prevent it from falling into neglect2 which is1 that it serves as a common interpreter among the learned of all nations and ages4 ,epitaphs1 inscriptions on monuments and medals1 treaties1 c4 designed for perpetuity1 are written in ,latin1 which is every where understood by the learned1 and being a dead language is liable to no change4 ,but the high estimation in which the learned languages have been held1 has discouraged a due attention to our own4 ,people find themselves able without much study to write and speak the ,english intelligibly1 and thus have been led to think rules of no utility4 ,this opinion has produced various and arbitrary practices1 in the use of the language1 even among men of the most information and accuracy2 and this diversity has produced another opinion1 both false and injurious to the language1 that there are no rules or principles on which the pronunciation and construction can be settled4 ,this neglect is so general1 that there is scarcely an institution to be found in the country1 where the ,english tongue is taught regularly1 from its elements to its true and elegant construction1 in prose and verse4 ,perhaps in most schools1 boys are taught the definition of the parts of speech1 and a few hard names which they do not understand1 and which the teacher seldom attempts to explain2 this is called learning grammar4 ,this practice of learning questions and answers without acquiring any ideas1 has given rise to a common remark1 that grammar is a dry study2 and so is every other study which is prosecuted without improving the head or the heart4 ,the study of geography is equally dry1 when the subject is not understood4 ,but when grammar is taught by the help of visible objects2 when children perceive that differences of words arise from differences in things1 which they may learn at a very early period of life1 the study becomes entertaining1 as well as improving4 ,in general1 when a study of any kind is tiresome to a person1 it is a presumptive evidence that he does not make any proficiency in knowlege1 and this is almost always the fault of the instructor4 ,in a few instances perhaps the study of ,english is thought an object of consequence2 but here also there is a great error in the common practice2 for the study of ,english is preceded by several years attention to ,latin and ,greek4 ,nay1 there are men1 who contend that the best way to become acquainted with ,english1 is to learn ,latin first4 ,common sense may justly smile at such an opinion2 but experience proves it to be false4 ,if language is to be taught mechanically1 or by rote1 it is a matter of little consequence whether the rules are in ,english1 ,latin or ,greek3 ,but if children are to acquire ideas1 it is certainly easier to obtain them in a language which they understand1 than in a foreign tongue4 ,the distinctions between the principal parts of speech are founded in nature1 and are within the capacity of a school boy4 ,these distinctions should be explained in ,english1 and when well understood1 will facilitate the acquisition of other languages4 ,without some preparation of this kind1 boys will often find a foreign language extremely difficult1 and sometimes be discouraged4 ,we often see young persons of both sexes1 puzzling their heads with ,french1 when they can hardly write two sentences of good ,english4 ,they plod on for some months with much fatigue1 little improvement1 and less pleasure1 and then relinquish the attempt4 ,the principles of any science afford pleasure to the student who comprehends them4 ,in order to render the study of language agreeable1 the distinctions between words should be illustrated by the differences in visible objects4 ,examples should be presented to the senses1 which are the inlets of all our knowlege4 ,that nouns are the names of things1 and that adjectives express their qualities1 are abstract definitions1 which a boy may repeat five years without comprehending the meaning4 ,but that table is the name of an article1 and hard or square is its property1 is a distinction obvious to the senses1 and consequently within a child's capacity4 ,there is one general practice in schools1 which ,i censure with diffidence2 not because ,i doubt the propriety of the censure1 but because it is opposed to deep rooted prejudices3 ,this practice is the use of the ,bible as a school book4 ,there are two reasons why this practice has so generally prevailed3 ,the first is1 that families in the country are not generally supplied with any other book3 ,the second1 an opinion that the reading of the scriptures will impress1 upon the minds of youth1 the important truths of religion and morality4 ,the first may be easily removed2 and the purpose of the last is counteracted by the practice itself4 ,if people design the doctrines of the ,bible as a system of religion1 ought they to appropriate the book to purposes foreign to this design8 ,will not a familiarity1 contracted by a careless disrespectful reading of the sacred volume1 weaken the influence of its precepts upon the heart8 ,let us attend to the effect of familiarity in other things4 ,the rigid ,puritans1 who first settled the ,new ,england ,states1 often chose their burying ground in the center of their settlements4 ,convenience might have been a motive for the choice2 but it is probable that a stronger reason was1 the influence which they supposed the frequent burials and constant sight of the tombs would have upon the lives of men4 ,the choice1 however1 for the latter purpose1 was extremely injudicious2 for it may be laid down as a general rule1 that those who live in a constant view of death1 will become hardened to its terrors4 ,no person has less sensibility than the ,surgeon1 who has been accustomed to the amputation of limbs4 ,no person thinks less of death1 than the ,soldier1 who has frequently walked over the carcasses of his slain comrades2 or the ,sexton1 who lives among the tombs4 ,objects that affect the mind strongly1 whether the sensations they excite are painful or pleasureable1 always lose their effect by a frequent repetition of their impressions4#c ,those parts of the scripture1 therefore1 which are calculated to strike terror to the mind1 lose their influence by being too frequently brought into view4 ,the same objection will not apply to the history and morality of the ,bible2 select passages of which may be read in schools to great advantage4 ,in some countries1 the common people are not permitted to read the ,bible at all3 ,in ours1 it is as common as a newspaper1 and in schools1 is read with nearly the same degree of respect4 ,both these practices appear to be extremes4 ,my wish is not to see the ,bible excluded from schools1 but to see it used as a system of religion and morality4 #c ,the veneration we have for a great character1 ceases with an intimate acquaintance with the man4 ,the same principle is observable in the body4 ,high seasoned food1 without frequent intervals of abstinence1 loses its relish4 ,on the other hand1 objects that make slight impressions at first1 acquire strength by repetition4 ,an elegant simplicity in a building may not affect the mind with great pleasure at first light2 but the pleasure will always increase with repeated examinations of the structure4 ,thus by habit1 we become excessively fond of food which does not relish at first tasting2 and strong attachments between the sexes often take place from indifference1 and even from aversion4 ,these remarks suggest another error which is often committed in our inferior schools3 ,i mean that of putting boys into difficult sciences1 while they are too young to exercise their reason upon abstract subjects4 ,for example2 boys are often put to the study of mathematics1 at the age of eight or ten years2 and before they can either read or write4 ,in order to show the impropriety of such a practice1 it is necessary to repeat what was just now observed1 that our senses are the avenues of knowlege4 ,this fact proves that the most natural course of ,education is that which employs1 first the senses or powers of the body1 or those faculties of the mind which first acquire strength2 and then proceeds to those studies which depend on the power of comparing and combining ideas4 ,the art of writing is mechanical and imitative2 this may therefore employ boys1 as soon as their fingers have strength sufficient to command a pen4 ,a knowledge of letters requires the exercise of a mental power1 memory2 but this is coeval almost with the first operations of the human mind2 and with respect to objects of sense1 is almost perfect even in childhood4 ,children may therefore be taught reading1 as soon as their organs of speech have acquired strength sufficient to articulate the sounds of words4#d #d ,great caution should be observed in teaching children to pronounce the letters of the alphabet4 ,the labials are easily pronounced2 thus the first words a child can speak are papa and mama4 ,but there are some letters1 particularly l and r1 which are of difficult pronunciation1 and children should not be pressed to speak words in which they occur4 ,the difficulty may produce a habit of stammering4 ,but those sciences1 a knowlege of which is acquired principally by the reasoning faculties1 should be postponed to a more advanced period of life4 ,in the course of an ,english ,education1 mathematics should be perhaps the last study of youth in schools4 ,years of valuable time are sometimes thrown away1 in a fruitless application to sciences1 the principles of which are above the comprehension of the students4 ,there is no particular age1 at which every boy is qualified to enter upon mathematics to advantage4 ,the proper time can be best determined by the instructors1 who are acquainted with the different capacities of their pupils4 ,another error1 which is frequent in ,america1 is that a master undertakes to teach many different branches in the same school4 ,in new settlements1 where people are poor1 and live in scattered situations1 the practice is often unavoidable3 ,but in populous towns1 it must be considered as a defective plan of ,education4 ,for suppose the teacher to be equally master of all the branches which he attempts to teach1 which seldom happens1 yet his attention must be distracted with a multiplicity of objects1 and consequently painful to himself and not useful to the pupils4 ,add to this the continual interruptions which the students of one branch suffer from those of another1 which must retard the progress of the whole school4 ,it is a much more eligible plan to appropriate an apartment to each branch of ,education1 with a teacher who makes that branch his sole employment4 ,the principal academies in ,europe and ,america are on this plan1 which both reason and experience prove to be the most useful4 ,with respect to literary institutions of the first rank1 it appears to me that their local situations are an object of importance4 ,it is a subject of controversy1 whether a large city or a country village is the most eligible situation for a college or university4 ,but the arguments in favor of the latter1 appear to me decisive4 ,large cities are always scenes of dissipation and amusement1 which have a tendency to corrupt the hearts of youth and divert their minds from their literary pursuits4 ,reason teaches this doctrine1 and experience has uniformly confirmed the truth of it4 ,strict discipline is essential to the prosperity of a public seminary of science2 and this is established with more facility1 and supported with more uniformity1 in a small village1 where there are no great objects of curiosity to interrupt the studies of youth or to call their attention from the orders of the society4 ,that the morals of young men1 as well as their application to science1 depend much on retirement1 will be generally acknowleged2 but it will be said also1 that the company in large towns will improve their manners4 ,the question then is1 which shall be sacrificed2 the advantage of an uncorrupted heart and an improved head2 or of polished manners4 ,but this question supposes that the virtues of the heart and the polish of the gentleman are incompatible with each other2 which is by no means true4 ,the gentleman and the scholar are often united in the same person4 ,but both are not formed by the same means4 ,the improvement of the head requires close application to books2 the refinement of manners rather attends some degree of dissipation1 or at least a relaxation of the mind4 ,to preserve the purity of the heart1 it is sometimes necessary1 and always useful1 to place a youth beyond the reach of bad examples2 whereas a general knowlege of the world1 of all kinds of company1 is requisite to teach a universal propriety of behavior4 ,but youth is the time to form both the head and the heart4 ,the understanding is indeed ever enlarging2 but the seeds of knowlege should be planted in the mind1 while it is young and susceptible2 and if the mind is not kept untainted in youth1 there is little probability that the moral character of the man will be unblemished4 ,a genteel address1 on the other hand1 may be acquired at any time of life1 and must be acquired1 if ever1 by mingling with good company4 ,but were the cultivation of the understanding and of the heart1 inconsistent with genteel manners1 still no rational person could hesitate which to prefer4 ,the goodness of a heart is of infinitely more consequence to society1 than an elegance of manners2 nor will any superficial accomplishments repair the want of principle in the mind4 ,it is always better to be vulgarly right1 than politely wrong4 ,but if the amusements1 dissipation and vicious examples in populous cities render them improper places for seats of learning2 the monkish mode of sequestering boys from other society1 and confining them to the apartments of a college1 appears to me another fault4 ,the human mind is like a rich field1 which1 without constant care1 will ever be covered with a luxuriant growth of weeds4 ,it is extremely dangerous to suffer young men to pass the most critical period of life1 when the passions are strong1 the judgement weak1 and the heart susceptible and unsuspecting1 in a situation where there is not the least restraint upon their inclinations4 ,my own observations lead me to draw the veil of silence over the ill effects of this practice4 ,but it is to be wished that youth might always be kept under the inspection of age and superior wisdom2 that literary institutions might be so situated1 that the students might live in decent families1 be subject1 in some measure1 to their discipline1 and ever under the control of those whom they respect4 ,perhaps it may also be numbered among the errors in our systems of ,education1 that1 in all our universities and colleges1 the students are all restricted to the same course of study1 and by being classed1 limited to the same progress4 ,classing is necessary1 but whether students should not be removeable from the lower to the higher classes1 as a reward for their superior industry and improvements1 is submitted to those who know the effect of emulation upon the human mind4 ,but young gentlemen are not all designed for the same line of business1 and why should they pursue the same studies8 ,why should a merchant trouble himself with the rules of ,greek and ,roman syntax1 or a planter puzzle his head with conic sections8 ,life is too short to acquire1 and the mind of man too feeble to contain1 the whole circle of sciences4 ,the greatest genius on earth1 not even a ,bacon1 can be a perfect master of every branch2 but any moderate genius may1 by suitable application1 be perfect in any one branch4 ,by attempting therefore to teach young gentlemen every thing1 we make the most of them mere smatterers in science4 ,in order to qualify persons to figure in any profession1 it is necessary that they should attend closely to those branches of learning which lead to it4 ,there are some arts and sciences which are necessary for every man4 ,every man should be able to speak and write his native tongue with correctness2 and have some knowlege of mathematics4 ,the rules of arithmetic are indispensably requisite4 ,but besides the learning which is of common utility1 lads should be directed to pursue those branches which are connected more immediately with the business for which they are destined4 ,it would be very useful for the farming part of the community1 to furnish country schools with some easy system of practical husbandry4 ,by repeatedly reading some book of this kind1 the mind would be stored with ideas1 which might not indeed be understood in youth1 but which would be called into practice in some subsequent period of life4 ,this would lead the mind to the subject of agriculture1 and pave the way for improvements4 ,young gentlemen1 designed for the mercantile line1 after having learned to write and speak ,english correctly1 might attend to ,french1 ,italian1 or such other living language1 as they will probably want in the course of business4 ,these languages should be learned early in youth1 while the organs are yet pliable2 otherwise the pronunciation will probably be imperfect4 ,these studies might be succeeded by some attention to chronology1 and a regular application to geography1 mathematics1 history1 the general regulations of commercial nations1 principles of advance in trade1 of insurance1 and to the general principles of government4 ,it appears to me that such a course of ,education1 which might be completed by the age of fifteen or sixteen1 would have a tendency to make better merchants than the usual practice which confines boys to ,lucian1 ,ovid and ,tully1 till they are fourteen1 and then turns them into a store1 without an idea of their business1 or one article of ,education necessary for them1 except perhaps a knowlege of writing and figures4 ,such a system of ,english ,education is also much preferable to a university ,education1 even with the usual honors2 for it might be finished so early as to leave young persons time to serve a regular apprenticeship1 without which no person should enter upon business4 ,but by the time a university ,education is completed1 young men commonly commence gentlemen2 their age and their pride will not suffer them to go thro the drudgery of a compting house1 and they enter upon business without the requisite accomplishments4 ,indeed it appears to me that what is now called a liberal ,education1 disqualifies a man for business4 ,habits are formed in youth and by practice2 and as business is1 in some measure1 mechanical1 every person should be exercised in his employment1 in an early period of life1 that his habits may be formed by the time his apprenticeship expires4 ,an ,education in a university interferes with the forming of these habits2 and perhaps forms opposite habits2 the mind may contract a fondness for ease1 for pleasure or for books1 which no efforts can overcome4 ,an academic ,education1 which should furnish the youth with some ideas of men and things1 and leave time for an apprenticeship1 before the age of twenty one years1 would in my opinion1 be the most eligible for young men who are designed for activ employments4 ,the method pursued in our colleges is better calculated to fit youth for the learned professions than for business4 ,but perhaps the period of study1 required as the condition of receiving the usual degrees1 is too short4 ,four years1 with the most assiduous application1 are a short time to furnish the mind with the necessary knowlege of the languages and of the several sciences4 ,it might perhaps have been a period sufficiently long for an infant settlement1 as ,america was1 at the time when most of our colleges were founded4 ,but as the country becomes populous1 wealthy and respectable1 it may be worthy of consideration1 whether the period of academic life should not be extended to six or seven years4 ,but the principal defect in our plan of ,education in ,america1 is1 the want of good teachers in the academies and common schools4 ,by good teachers ,i mean1 men of unblemished reputation1 and possessed of abilities1 competent to their stations4 ,that a man should be master of what he undertakes to teach1 is a point that will not be disputed2 and yet it is certain that abilities are often dispensed with1 either thro inattention or fear of expense4 ,to those who employ ignorant men to instruct their children1 permit me to suggest one important idea3 ,that it is better for youth to have no ,education1 than to have a bad one2 for it is more difficult to eradicate habits1 than to impress new ideas4 ,the tender shrub is easily bent to any figure2 but the tree1 which has acquired its full growth1 resists all impressions4 ,yet abilities are not the sole requisites4 ,the instructors of youth ought1 of all men1 to be the most prudent1 accomplished1 agreeable and respectable4 ,what avail a man's parts1 if1 while he is the wisest and brightest1 he is the meanest of mankind8 ,the pernicious effects of bad example on the minds of youth will probably be acknowleged2 but with a view to improvement1 it is indispensably necessary that the teachers should possess good breeding and agreeable manners4 ,in order to give full effect to instructions1 it is requisite that they should proceed from a man who is loved and respected4 ,but a low bred clown1 or morose tyrant1 can command neither love nor respect2 and that pupil who has no motive for application to books1 but the fear of a rod1 will not make a scholar4 ,the rod is often necessary in school2 especially after the children have been accustomed to disobedience and a licentious behavior at home4 ,all government originates in families1 and if neglected there1 it will hardly exist in society2 but the want of it must be supplied by the rod in school1 the penal laws of the state1 and the terrors of divine wrath from the pulpit4 ,the government both of families and schools should be absolute4 ,there should1 in families1 be no appeal from one parent to another1 with the prospect of pardon for offences4 ,the one should always vindicate1 at least apparently1 the conduct of the other4 ,in schools the master should be absolute in command2 for it is utterly impossible for any man to support order and discipline among children1 who are indulged with an appeal to their parents4 ,a proper subordination in families would generally supersede the necessity of severity in schools2 and a strict discipline in both is the best foundation of good order in political society4 ,if parents should say1 we cannot give the instructors of our children unlimited authority over them1 for it may be abused and our children injured2 ,i would answer1 they must not place them under the direction of any man1 in whose temper1 judgement and abilities1 they do not repose perfect confidence4 ,the teacher should be1 if such can be found1 as judicious and reasonable a man as the parent4 ,there can be little improvement in schools1 without strict subordination2 there can be no subordination1 without principles of esteem and respect in the pupils2 and the pupils cannot esteem and respect a man who is not in himself respectable1 and who is not treated with respect by their parents4 ,it may be laid down as an invariable maxim1 that a person is not fit to superintend the ,education of children1 who has not the qualifications which will command the esteem and respect of his pupils4 ,this maxim is founded on a truth which every person may have observed2 that children always love an amiable man1 and always esteem a respectable one4 ,men and women have their passions1 which often rule their judgement and their conduct4 ,they have their caprices1 their interests and their prejudices1 which at times incline them to treat the most meritorious characters with disrespect4 ,but children1 artless and unsuspecting1 resign their hearts to any person whose manners are agreeable1 and whose conduct is respectable4 ,whenever1 therefore1 pupils cease to respect their teacher1 he should be instantly dismissed4 ,respect for an instructor will often supply the place of a rod of correction4 ,the pupil's attachment will lead him to close attention to his studies2 he fears not the rod so much as the displeasure of his teacher2 he waits for a smile1 or dreads a frown2 he receives his instructions and copies his manners4 ,this generous principle1 the fear of offending1 will prompt youth to exertions2 and instead of severity on the one hand1 and of slavish fear1 with reluctant obedience on the other1 mutual esteem1 respect and confidence strew flowers in the road to knowlege4 ,with respect to morals and civil society1 the other view in which ,i proposed to treat this subject1 the effects of ,education are so certain and extensiv1 that it behooves every parent and guardian to be particularly attentiv to the characters of the men1 whose province it is to form the minds of youth4 ,from a strange inversion of the order of nature1 the cause of which it is not necessary to unfold1 the most important business in civil society1 is1 in many parts of ,america1 committed to the most worthless characters4 ,the ,education of youth1 an employment of more consequence than making laws and preaching the gospel1 because it lays the foundation on which both law and gospel rest for success2 this ,education is sunk to a level with the most menial services4 ,in most instances we find the higher seminaries of learning intrusted to men of good characters1 and possessed of the moral virtues and social affections4 ,but many of our inferior schools1 which1 so far as the heart is concerned1 are as important as colleges1 are kept by men of no breeding1 and many of them1 by men infamous for the most detestable vices4#e ,will this be denied8 will it be denied1 that before the war1 it was a frequent practice for gentlemen to purchase convicts1 who had been transported for their crimes1 and employ them as private tutors in their families8 #e ,how different this practice from the manner of educating youth in ,rome1 during the flourishing ages of the republic6 ,there the attention to children commenced with their birth2 an infant was not educated in the cottage of a hireling nurse1 but in the very bosom of its mother1 whose principal praise was1 that she superintended her family4 ,parents were careful to choose some aged matron to take care of their children2 to form their first habits of speaking and acting2 to watch their growing passions1 and direct them to their proper objects2 to guard them from all immodest sports1 preserve their minds innocent1 and direct their attention to liberal pursuits4 --,filius--non in cella empt nutricis sed gremio ac sinu matris educabatur1 cujus prcipua laus1 tueri domum1 et inservire liberis4 ,eligebatur autem aliqua major natu propinqua1 cujus probatis spectatisque moribus1 omnis cujuspiam famili soboles committeretur1 coram qua neque dicere fas erat quod turpe dictu1 neque facere quod inhonestum factu videretur4 ,ac non studia modo curasque1 sed remissiones etiam lusus que puerorum1 sanctitate quadam ac verecundia temperabat4 ,in this manner were educated the ,gracchi1 ,csar1 and other celebrated ,romans4 ,qu disciplina ac severitas eo pertinebat1 ut sincera et interga et nullis pravitatibus detorta unius cujusque natura1 toto statem pectore1 arriperet artes honestas4---- ,tacitus de ,orat4 ,dial4 #bh4 ,the historian then proceeds to mention the corruption of manners1 and the vicious mode of ,education1 in the later ages of ,rome4 ,he says1 children were committed to some maid1 with the vilest slaves2 with whom they were initiated in their low conversation and manners4 ,horum fabulis et erroribus teneri slatim et rudes animi imbuuntur2 nec quis quam in toto domo pensi habet1 quid coram infante domino aut dicat aut faciat4---- ,ibid4 #bi4 ,gracious ,heavens6 ,must the wretches1 who have forfeited their lives1 and been pronounced unworthy to be inhabitants of a foreign country1 be entrusted with the ,education1 the morals1 the character of ,american youth8 ,will it be denied that many of the instructors of youth1 whose examples and precepts should form their minds for good men and useful citizens1 are often found to sleep away1 in school1 the fumes of a debauch1 and to stun the ears of their pupils with frequent blasphemy8 ,it is idle to suppress such truths2 nay more1 it is wicked4 ,the practice of employing low and vicious characters to direct the studies of youth1 is1 in a high degree1 criminal2 it is destructive of the order and peace of society2 it is treason against morals1 and of course1 against government2 it ought to be arraigned before the tribunal of reason1 and condemned by all intelligent beings4 ,the practice is so exceedingly absurd1 that it is surprising it could ever have prevailed among rational people4 ,parents wish their children to be well bred1 yet place them under the care of clowns4 ,they wish to secure their hearts from vicious principles and habits1 yet commit them to the care of men of the most profligate lives4 ,they wish to have their children taught obedience and respect for superiors1 yet give them a master that both parents and children despise4 ,a practice so glaringly absurd and irrational has no name in any language6 ,parents themselves will not associate with the men1 whose company they oblige their children to keep1 even in that most important period1 when habits are forming for life4#f #f ,the practice of employing low characters in schools is not novel--,ascham1 preceptor to ,queen ,elizabeth1 gives us the following account of the practice in his time4 ,pity it is that commonly more care is had2 yea and that among very wise men1 to find out rather a cunning man for their horse1 than a cunning man for their children4 ,they say1 nay1 in word2 but they do so1 in deed4 ,for to one they will give a stipend of two hundred crowns1 and loth to offer the other two hundred shillings4 ,god1 that sitteth in the ,heaven1 laugheth their choice to scorn and rewardeth their liberality as it should3 for he suffereth them to have tame and well ordered horses2 but wild and unfortunate children3 and therefore in the end they find more pleasure in their horse1 than comfort in their child4 ,this is old language1 but the facts stated are modern truths4 ,the barbarous ,gothic practice has survived all the attacks of common sense1 and in many parts of ,america1 a gentleman's groom is on a level with his schoolmaster1 in point of reputation4 ,but hear another authority for the practice in ,england4 ,as the case now stands1 those of the first quality pay their tutors but little above half so much as they do their footmen4--,guardian1 ,no4 #id4 ',tis monstrous indeed that men of the best estates and families are more solicitous about the tutelage of a favorite dog or horse1 than of their heirs mate4--,ibm4 ,are parents and guardians ignorant1 that children always imitate those with whom they live or associate8 ,that a boy1 bred in the woods1 will be a savage8 ,that another1 bred in the army1 will have the manners of a soldier8 ,that a third1 bred in a kitchen1 will speak the language1 and possess the ideas1 of servants8 ,and that a fourth1 bred in genteel company1 will have the manners of a gentleman8 ,we cannot believe that many people are ignorant of these truths4 ,their conduct therefore can be ascribed to nothing but inattention or fear of expense4 ,it is perhaps literally true1 that a wild life among savages is preferable to an ,education in a kitchen1 or under a drunken tutor2 for savages would leave the mind uncorrupted with the vices1 which reign among slaves and the depraved part of civilized nations4 ,it is therefore a point of infinite importance to society1 that youth should not associate with persons whose manners they ought not to imitate2 much less should they be doomed to pass the most susceptable period of life1 with clowns1 profligates and slaves4 ,there are people so ignorant of the constitution of our natures1 as to declare1 that young people should see vices and their consequences1 that they may learn to detest and shun them4 ,such reasoning is like that of the novel writers1 who attempt to defend their delineations of abandoned characters2 and that of stage players1 who would vindicate the obscene exhibitions of a theater2 but the reasoning is totally false4#g ,vice always spreads by being published2 young people are taught many vices by fiction1 books or public exhibitions2 vices1 which they never would have known1 had they never read such books or attended such public places4 ,crimes of all kinds1 vices1 judicial trials necessarily obscene1 and infamous punishments1 should1 if possible1 be concealed from the young4 ,an examination in a court of justice may teach the tricks of a knave1 the arts of a thief1 and the evasions of hackneyed offenders1 to a dozen young culprits1 and even tempt those who have never committed a crime1 to make a trial of their skill4 ,a newspaper may spread crimes2 by communicating to a nation the knowlege of an ingenious trick of villainy1 which1 had it been suppressed1 might have died with its first inventor4 ,it is not true that the effects of vice and crimes deter others from the practice2 except when rarely seen4 ,on the other hand1 frequent exhibitions either cease to make any impressions on the minds of spectators1 or else reconcile them to a course of life1 which at first was disagreeable4 #g ,the fact related by ,justin1 of an ancient people1 will apply universally4 ,tanto plus in illis proficit victiorum ignoratio1 quam in his cognitio virtutis4 ,an ignorance of vice has a better effect1 than a knowlege of virtue4 ,vice is a monster of so frightful mien1 ,as to be hated1 needs but to be seen2 ,yet seen too oft1 familiar with her face1 ,we first endure1 then pity1 then embrace4 ,for these reasons1 children should keep the best of company1 that they might have before them the best manners1 the best breeding1 and the best conversation4 ,their minds should be kept untainted1 till their reasoning faculties have acquired strength1 and the good principles which may be planted in their minds1 have taken deep root4 ,they will then be able to make a firm and probably a successful resistance1 against the attacks of secret corruption and brazen libertinism4 ,our legislators frame laws for the suppression of vice and immorality2 our divines thunder1 from the pulpit1 the terrors of infinite wrath1 against the vices that stain the characters of men4 ,and do laws and preaching effect a reformation of manners8 ,experience would not give a very favorable answer to this inquiry4 ,the reason is obvious2 the attempts are directed to the wrong objects4 ,laws can only check the public effects of vicious principles2 but can never reach the principles themselves2 and preaching is not very intelligible to people1 till they arrive at an age when their principles are rooted1 or their habits firmly established4 ,an attempt to eradicate old habits1 is as absurd1 as to lop off the branches of a huge oak1 in order to root it out of a rich soil4 ,the most that such clipping will effect1 is to prevent a further growth4 ,the only practicable method to reform mankind1 is to begin with children2 to banish1 if possible1 from their company1 every low bred1 drunken1 immoral character4 ,virtue and vice will not grow together in a great degree1 but they will grow where they are planted1 and when one has taken root1 it is not easily supplanted by the other4 ,the great art of correcting mankind therefore1 consists in prepossessing the mind with good principles4 ,for this reason society requires that the ,education of youth should be watched with the most scrupulous attention4 ,education1 in a great measure1 forms the moral characters of men1 and morals are the basis of government4#h ,education should therefore be the first care of a ,legislature2 not merely the institution of schools1 but the furnishing of them with the best men for teachers4 ,a good system of ,education should be the first article in the code of political regulations2 for it is much easier to introduce and establish an effectual system for preserving morals1 than to correct1 by penal statutes1 the ill effects of a bad system4 ,i am so fully persuaded of this1 that ,i shall almost adore that great man1 who shall change our practice and opinions1 and make it respectable for the first and best men to superintend the ,education of youth4 #h ,plus ibi boni mores valent1 quam alibi bon leges4 ,tac4 de ,mor4 ,germ4 #ai4 ,another defect in our schools1 which1 since the revolution1 is become inexcuseable1 is the want of proper books4 ,the collections which are now used consist of essays that respect foreign and ancient nations4 ,the minds of youth are perpetually led to the history of ,greece and ,rome or to ,great ,britain2 boys are constantly repeating the declamations of ,demosthenes and ,cicero1 or debates upon some political question in the ,british ,parliment4 ,these are excellent specimens of good sense1 polished stile and perfect oratory2 but they are not interesting to children4 ,they cannot be very useful1 except to young gentlemen who want them as models of reasoning and eloquence1 in the pulpit or at the bar4 ,but every child in ,america should be acquainted with his own country4 ,he should read books that furnish him with ideas that will be useful to him in life and practice4 ,as soon as he opens his lips1 he should rehearse the history of his own country2 he should lisp the praise of liberty1 and of those illustrious heroes and statesmen1 who have wrought a revolution in her favor4 ,a selection of essays1 respecting the settlement and geography of ,america2 the history of the late revolution and of the most remarkable characters and events that distinguished it1 and a compendium of the principles of the federal and provincial governments1 should be the principal school book in the ,united ,states4 ,these are interesting objects to every man2 they call home the minds of youth and fix them upon the interests of their own country1 and they assist in forming attachments to it1 as well as in enlarging the understanding4 ,it is observed by the great ,montesquieu1 that the laws of education ought to be relative to the principles of the government4#i #i ,spirit of ,laws4 ,book #d4 ,in despotic governments1 the people should have little or no education1 except what tends to inspire them with a servile fear4 ,information is fatal to despotism4 ,in monarchies1 education should be partial1 and adapted to the rank of each class of citizens4 ,but in a republican government1 says the same writer1 the whole power of education is required4 ,here every class of people should know and love the laws4 ,this knowlege should be diffused by means of schools and newspapers2 and an attachment to the laws may be formed by early impressions upon the mind4 ,two regulations are essential to the continuance of republican governments3 #a4 ,such a distribution of lands and such principles of descent and alienation1 as shall give every citizen a power of acquiring what his industry merits4#aj #b4 ,such a system of education as gives every citizen an opportunity of acquiring knowlege and fitting himself for places of trust4 ,these are fundamental articles2 the sine qua non of the existence of the ,american republics4 #aj ,the power of entailing real estates is repugnant to the spirit of our ,american governments4 ,hence the absurdity of our copying the manners and adopting the institutions of ,monarchies4 ,in several ,states1 we find laws passed1 establishing provision for colleges and academies1 where people of property may educate their sons2 but no provision is made for instructing the poorer rank of people1 even in reading and writing4 ,yet in these same ,states1 every citizen who is worth a few shillings annually1 is entitled to vote for legislators4#aa ,this appears to me a most glaring solecism in government4 ,the constitutions are republican1 and the laws of education are monarchical4 ,the former extend civil rights to every honest industrious man2 the latter deprive a large proportion of the citizens of a most valuable privilege4 #aa ,i have known instructions from the inhabitants of a county1 two thirds of whom could not write their names4 ,how competent must such men be to decide an important point in legislation6 ,in our ,american republics1 where government is in the hands of the people1 knowlege should be universally diffused by means of public schools4 ,of such consequence is it to society1 that the people who make laws1 should be well informed1 that ,i conceive no ,legislature can be justified in neglecting proper establishments for this purpose4 ,when ,i speak of a diffusion of knowlege1 ,i do not mean merely a knowlege of spelling books1 and the ,new ,testament4 ,an acquaintance with ethics1 and with the general principles of law1 commerce1 money and government1 is necessary for the yeomanry of a republican state4 ,this acquaintance they might obtain by means of books calculated for schools1 and read by the children1 during the winter months1 and by the circulation of public papers4 ,in ,rome it was the common exercise of boys at school1 to learn the laws of the twelve tables by heart1 as they did their poets and classic authors4#ab ,what an excellent practice this in a free government6 #ab ,middleton's life of ,cicero1 volume #a1 page #ad4 ,it is said1 indeed by many1 that our common people are already too well informed4 ,strange paradox6 ,the truth is1 they have too much knowlege and spirit to resign their share in government1 and are not sufficiently informed to govern themselves in all cases of difficulty4 ,there are some acts of the ,american legislatures which astonish men of information2 and blunders in legislation are frequently ascribed to bad intentions4 ,but if we examin the men who compose these legislatures1 we shall find that wrong measures generally proceed from ignorance either in the men themselves1 or in their constituents4 ,they often mistake their own interest1 because they do not foresee the remote consequences of a measure4 ,it may be true that all men cannot be legislators2 but the more generally knowlege is diffused among the substantial yeomanry1 the more perfect will be the laws of a republican state4 ,every small district should be furnished with a school1 at least four months in a year2 when boys are not otherwise employed4 ,this school should be kept by the most reputable and well informed man in the district4 ,here children should be taught the usual branches of learning3 submission to superiors and to laws2 the moral or social duties2 the history and transactions of their own country2 the principles of liberty and government4 ,here the rough manners of the wilderness should be softened1 and the principles of virtue and good behaviour inculcated4 ,the virtues of men are of more consequence to society than their abilities2 and for this reason1 the heart should be cultivated with more assiduity than the head4 ,such a general system of education is neither impracticable nor difficult2 and excepting the formation of a federal government that shall be efficient and permanent1 it demands the first attention of ,american patriots4 ,until such a system shall be adopted and pursued2 until the ,statesman and ,divine shall unite their efforts in forming the human mind1 rather than in loping its excressences1 after it has been neglected2 until ,legislators discover that the only way to make good citizens and subjects1 is to nourish them from infancy2 and until parents shall be convinced that the worst of men are not the proper teachers to make the best2 mankind cannot know to what a degree of perfection society and government may be carried4 ,america affords the fairest opportunities for making the experiment1 and opens the most encouraging prospect of success4#ac #ac ,it is worthy of remark1 that in proportion as laws are favorable to the equal rights of men1 the number of crimes in a state is diminished2 except where the human mind is debased by extreme servitude1 or by superstition4 ,in ,france1 there are but few crimes2 religion and the rigor of a military force prevent them2 perhaps also1 ignorance in the peasantry may be assigned as another reason4 ,but in ,england and ,ireland the human mind is not so depressed1 yet the distribution of property and honors is not equal2 the lower classes of people1 bold and independent1 as well as poor1 feel the injuries which flow from the feudal system1 even in its relaxed state2 they become desperate1 and turn highwaymen4 ,hence those kingdoms produce more culprits than half ,europe besides4 ,the character of the ,jews1 as sharpers1 is derived from the cruel and villanous proscriptions1 which they have suffered from the bigotry of ,christians in every part of ,europe4 ,most of the criminals condemned in ,america are foreigners4 ,the execution of a native1 before the revolution1 was a novelty4 ,the distribution of property in ,america and the principles of government favor the rights of men2 and but few men will commence enemies to society and government1 if they can receive the benefits of them4 ,unjust governments and tyrannical distinctions have made most of the villains that ever existed4 ,in a system of education1 that should embrace every part of the community1 the female sex claim no inconsiderable share of our attention4 ,the women in ,america 7to their honor it is mentioned7 are not generally above the care of educating their own children4 ,their own education should therefore enable them to implant in the tender mind1 such sentiments of virtue1 propriety and dignity1 as are suited to the freedom of our governments4 ,children should be treated as children1 but as children that are1 in a future time1 to be men and women4 ,by treating them as if they were always to remain children1 we very often see their childishness adhere to them1 even in middle life4 ,the silly language called baby talk1 in which most persons are initiated in infancy1 often breaks out in discourse1 at the age of forty1 and makes a man appear very ridiculous4#ad ,in the same manner1 vulgar1 obscene and illiberal ideas1 imbibed in a nursery or a kitchen1 often give a tincture to the conduct through life4 ,in order to prevent every evil bias1 the ladies1 whose province it is to direct the inclinations of children on their first appearance1 and to choose their nurses1 should be possessed1 not only of amiable manners1 but of just sentiments and enlarged understandings4 #ad ,it has been already observed that a child always imitates what he sees and hears3 ,for this reason1 he should hear no language which is not correct and decent4 ,every word spoken to a child1 should be pronounced with clearness and propriety4 ,banish from children all diminutive words1 all whining and all bad grammar4 ,a boy of six years old may be taught to speak as correctly1 as ,cicero did before the ,roman ,senate4 ,but the influence of women in forming the dispositions of youth1 is not the sole reason why their education should be particularly guarded2 their influence in controling the manners of a nation1 is another powerful reason4 ,women1 once abandoned1 may be instrumental in corrupting society2 but such is the delicacy of the sex1 and such the restraints which custom imposes upon them1 that they are generally the last to be corrupted4 ,there are innumerable instances of men1 who have been restrained from a vicious life1 and even of very abandoned men1 who have been reclaimed1 by their attachment to ladies of virtue4 ,a fondness for the company and conversation of ladies of character1 may be considered as a young man's best security against the attractives of a dissipated life4 ,a man who is attached to good company1 seldom frequents that which is bad4 ,for this reason1 society requires that females should be well educated1 and extend their influence as far as possible over the other sex4 ,but a distinction is to be made between a good education1 and a showy one2 for an education1 merely superficial1 is a proof of corruption of taste1 and has a mischievous influence on manners4 ,the education of females1 like that of males1 should be adapted to the principles of the government1 and correspond with the stage of society4 ,education in ,paris differs from that in ,petersburg1 and the education of females in ,london or ,paris should not be a model for the ,americans to copy4 ,in all nations a good education1 is that which renders the ladies correct in their manners1 respectable in their families1 and agreeable in society4 ,that education is always wrong1 which raises a woman above the duties of her station4 ,in ,america1 female education should have for its object what is useful4 ,young ladies should be taught to speak and write their own language with purity and elegance2 an article in which they are often deficient4 ,the ,french language is not necessary for ladies4 ,in some cases it is convenient1 but1 in general1 it may be considered as an article of luxury4 ,as an accomplishment1 it may be studied by those whose attention is not employed about more important concerns4 ,some knowlege of arithmetic is necessary for every lady4 ,geography should never be neglected4 ,belles ,letters learning seems to correspond with the dispositions of most females4 ,a taste for ,poetry and fine writing should be cultivated2 for we expect the most delicate sentiments from the pens of that sex1 which is possessed of the finest feelings4 ,a course of reading can hardly be prescribed for all ladies4 ,but it should be remarked1 that this sex cannot be too well acquainted with the writers upon human life and manners4 ,the ,spectator should fill the first place in every lady's library4 ,other volumes of periodical papers1 tho inferior to the ,spectator1 should be read2 and some of the best histories4 ,with respect to novels1 so much admired by the young1 and so generally condemned by the old1 what shall ,i say8 ,perhaps it may be said with truth1 that some of them are useful1 many of them pernicious1 and most of them trifling4 ,a hundred volumes of modern novels may be read1 without acquiring a new idea4 ,some of them contain entertaining stories1 and where the descriptions are drawn from nature1 and from characters and events in themselves innocent1 the perusal of them may be harmless4 ,were novels written with a view to exhibit only one side of human nature1 to paint the social virtues1 the world would condemn them as defective3 ,but ,i should think them more perfect4 ,young people1 especially females1 should not see the vicious part of mankind4 ,at best novels may be considered as the toys of youth2 the rattle boxes of sixteen4 ,the mechanic gets his pence for his toys1 and the novel writer1 for his books2 and it would be happy for society1 if the latter were in all cases as innocent play things as the former4 ,in the large towns in ,america1 music1 drawing and dancing1 constitute a part of female education4 ,they1 however1 hold a subordinate rank2 for my fair friends will pardon me1 when ,i declare1 that no man ever marries a woman for her performance on a harpsichord1 or her figure in a minuet4 ,however ambitious a woman may be to command admiration abroad1 her real merit is known only at home4 ,admiration is useless1 when it is not supported by domestic worth4 ,but real honor and permanent esteem1 are always secured by those who preside over their own families with dignity4#ae #ae ,nothing can be more fatal to domestic happiness in ,america1 than a taste for copying the luxurious manners and amusements of ,england and ,france4 ,dancing1 drawing and music1 are principal articles of education in those kingdoms2 therefore every girl in ,america must pass two or three years at a boarding school1 tho her father cannot give her a farthing when she marries4 ,this ambition to educate females above their fortunes pervades every part of ,america4 ,hence the disproportion between the well bred females and the males in our large towns4 ,a mechanic or shopkeeper in town1 or a farmer in the country1 whose sons get their living by their father's employments1 will send their daughters to a boarding school1 where their ideas are elevated1 and their views carried above a connexion with men in those occupations4 ,such an education1 without fortune or beauty1 may possibly please a girl of fifteen1 but must prove her greatest misfortune4 ,this fatal mistake is illustrated in every large town in ,america4 ,in the country1 the number of males and females1 is nearly equal2 but in towns1 the number of genteelly bred women is greater than of men2 and in some towns1 the proportion is1 as three to one4 ,the heads of young people of both sexes are often turned by reading descriptions of splendid living1 of coaches1 of plays1 and other amusements4 ,such descriptions excite a desire to enjoy the same pleasures4 ,a fortune becomes the principal object of pursuit2 fortunes are scarce in ,america1 and not easily acquired2 disappointment succeeds1 and the youth who begins life with expecting to enjoy a coach1 closes the prospect with a small living1 procured by labor and economy4 ,thus a wrong education1 and a taste for pleasures which our fortune will not enable us to enjoy1 often plunge the ,americans into distress1 or at least prevent early marriages4 ,too fond of show1 of dress and expense1 the sexes wish to please each other2 they mistake the means1 and both are disappointed4 ,before ,i quit this subject1 ,i beg leave to make some remarks on a practice which appears to be attended with important consequences2 ,i mean that of sending boys to ,europe for an education1 or sending to ,europe for teachers4 ,this was right before the revolution2 at least so far as national attachments where concerned2 but the propriety of it ceased with our political relation to ,great ,britain4 ,in the first place1 our honor as an independent nation is concerned in the establishment of literary institutions1 adequate to all our own purposes2 without sending our youth abroad1 or depending on other nations for books and instructors4 ,it is very little to the reputation of ,america to have it said abroad1 that after the heroic atchievements of the late war1 these independent people are obliged to send to ,europe for men and books to teach their children ,a ,b ,c4 ,but in another point of view1 a foreign education is directly opposite to our political interests1 and ought to be discountenanced1 if not prohibited4 ,every person of common observation will grant1 that most men prefer the manners and the government of that country where they are educated4 ,let ten ,american youths be sent1 each to a different ,european kingdom1 and live there from the age of twelve to twenty1 and each will give the preference to the country where he has resided4 ,the period from twelve to twenty is the most important in life4 ,the impressions made before that period are commonly effaced2 those that are made during that period always remain for many years2 and generally thro life4 ,ninety nine persons of a hundred who pass that period in ,england or ,france1 will prefer the people1 their manners1 their laws1 and their government1 to those of their nativ country4 ,such attachments are injurious1 both to the happiness of the men1 and to the political interests of their own country4 ,as to private happiness1 it is universally known how much pain a man suffers by a change of habits in living4 ,the customs of ,europe are and ought to be different from ours2 but when a man has been bred in one country1 his attachments to its manners make them1 in a great measure1 necessary to his happiness4 ,on changing his residence1 he must therefore break his former habits1 which is always a painful sacrifice2 or the discordance between the manners of his own country1 and his habits1 must give him incessant uneasiness2 or he must introduce1 into a circle of his friends1 the manners in which he was educated4 ,these consequences may follow1 and the last1 which is inevitable1 is a public injury4 ,the refinement of manners in every country should keep pace exactly with the increase of its wealth2 and perhaps the greatest evil ,america now feels is1 an improvement of taste and manners which its wealth cannot support4 ,a foreign education is the very source of this evil2 it gives young gentlemen of fortune a relish for manners and amusements which are not suited to this country2 which however1 when introduced by this class of people1 will always become fashionable4 ,but a corruption of manners is not the sole objection to a foreign education3 ,an attachment to a foreign government1 or rather a want of attachment to our own1 is the natural effect of a residence abroad1 during the period of youth4 ,it is recorded of one of the ,greek cities1 that in a treaty with their conquerors1 it was required that they should give a certain number of male children as hostages for the fulfilment of their engagements4 ,the ,greeks absolutely refused1 on the principle that these children would imbibe the ideas and embrace the manners of foreigners1 or lose their love for their own country3 ,but they offered the same number of old men1 without hesitation4 ,this anecdote is full of good sense4 ,a man should always form his habits and attachments in the country where he is to reside for life4 ,when these habits are formed1 young men may travel without danger of losing their patriotism4 ,a boy who lives in ,england from twelve to twenty1 will be an ,englishman in his manners and his feelings2 but let him remain at home till he is twenty1 and form his attachments1 he may then be several years abroad1 and still be an ,american4#af ,there may be exceptions to this observation2 but living examples may be mentioned to prove the truth of the general principle here advanced1 respecting the influence of habit4 #af ,cicero was twenty eight years old when he left ,italy to travel into ,greece and ,asia4 ,he did not stir abroad1 says ,dr4 ,middleton1 till he had completed his education at home2 for nothing can be more pernicious to a nation1 than the necessity of a foreign one4--,life of ,cicero1 vol4 #a4 p4 #dh4 ,dr4 ,moore makes a remark precisely in point4 ,speaking of a foreign education1 proposed by a certain ,lord1 who objected to the public schools in ,england1 he says1 ,i have attended to his ,lordship's objections1 and after due consideration1 and weighing every circumstance1 ,i remain of opinion1 that no country but ,great ,britain is proper for the education of a ,british subject1 who proposes to pass his life in his own country4 ,the most important point1 in my mind1 to be secured in the education of a young man of rank of our country1 is to make him an ,englishman2 and this can be done no where so effectually as in ,england4 ,see his ,view of ,society and ,manners1 c4 vol4 #a1 page #aig1 where the reader will find many judicious remarks upon this subject4 ,the following are too pertinent to be omitted4--,it is thought1 that by an early foreign education1 all ridiculous ,english prejudices1 will be avoided4 ,this may be true2 but other prejudices1 perhaps as ridiculous1 and much more detrimental1 will be formed4 ,the first cannot be attended with many inconveniencies2 the second may render the young people unhappy in their own country when they return1 and disagreeable to their countrymen all the rest of their lives4 ,these remarks1 by a change of names are applicable to ,america4 ,it may be said that foreign universities furnish much better opportunities of improvement in the sciences than the ,american4 ,this may be true1 and yet will not justify the practice of sending young lads from their own country4 ,there are some branches of science which may be studied to much greater advantage in ,europe than in ,america1 particularly chymistry4 ,when these are to be acquired1 young gentlemen ought to spare no pains to attend the best professors4 ,it may1 therefore1 be useful1 in some cases1 for students to cross the atlantic to complete a course of studies2 but it is not necessary for them to go early in life1 nor to continue a long time4 ,such instances need not be frequent even now2 and the necessity for them will diminish in proportion to the future advancement of literature in ,america4 ,it is1 however1 much questioned1 whether1 in the ordinary course of study1 a young man can enjoy greater advantages in ,europe than in ,america4 ,experience inclines me to raise a doubt1 whether the danger to which a youth must be exposed among the sons of dissipation abroad1 will not turn the scale in favor of our ,american colleges4 ,certain it is1 that four fifths of the great literary characters in ,america never crossed the atlantic4 ,but if our universities and schools are not so good as the ,english or ,scotch1 it is the business of our rulers to improve them1 not to endow them merely2 for endowments alone will never make a flourishing seminary2 but to furnish them with professors of the first abilities and most assiduous application1 and with a complete apparatus for establishing theories by experiments4 ,nature has been profuse to the ,americans1 in genius1 and in the advantages of climate and soil4 ,if this country1 therefore1 should long be indebted to ,europe for opportunities of acquiring any branch of science in perfection1 it must be by means of a criminal neglect of its inhabitants4 ,the difference in the nature of the ,american and ,european governments1 is another objection to a foreign education4 ,men form modes of reasoning1 or habits of thinking on political subjects1 in the country where they are bred2 these modes of reasoning may be founded on fact in all countries2 but the same principles will not apply in all governments1 because of the infinite variety of national opinions and habits4 ,before a man can be a good ,legislator1 he must be intimately acquainted with the temper of the people to be governed4 ,no man can be thus acquainted with a people1 without residing amongst them and mingling with all companies4 ,for want of this acquaintance1 a ,turgot and a ,price may reason most absurdly upon the ,constitutions of the ,american states2 and when any person has been long accustomed to believe in the propriety or impropriety of certain maxims or regulations of government1 it is very difficult to change his opinions1 or to persuade him to adapt his reasoning to new and different circumstances4 ,one half the ,european ,protestants will now contend that the ,roman ,catholic religion is subversive of civil government4 ,tradition1 books1 education1 have concurred to fix this belief in their minds2 and they will not resign their opinions1 even in ,america1 where some of the highest civil offices are in the hands of ,roman ,catholics4 ,it is therefore of infinite importance that those who direct the councils of a nation1 should be educated in that nation4 ,not that they should restrict their personal acquaintance to their own country1 but their first ideas1 attachments and habits should be acquired in the country which they are to govern and defend4 ,when a knowlege of their own country is obtained1 and an attachment to its laws and interests deeply fixed in their hearts1 then young gentlemen may travel with infinite advantage and perfect safety4 ,i wish not therefore to discourage travelling1 but1 if possible1 to render it more useful to individuals and to the community4 ,my meaning is1 that men should travel1 and not boys4 ,it is time for the ,americans to change their usual route1 and travel thro a country which they never think of1 or think beneeth their notice3 ,i mean the ,united ,states4 ,while these ,states were a part of the ,british ,empire1 our interest1 our feelings1 were those of ,englishmen2 our dependence led us to respect and imitate their manners1 and to look up to them for our opinions4 ,we little thought of any national interest in ,america2 and while our commerce and governments were in the hands of our parent country1 and we had no common interest1 we little thought of improving our acquaintance with each other1 or of removing prejudices1 and reconciling the discordant feelings of the inhabitants of different ,provinces4 ,but independence and union render it necessary that the citizens of different ,states should know each others characters and circumstances2 that all jealousies should be removed2 that mutual respect and confidence should succeed1 and a harmony of views and interests be cultivated by a friendly intercourse4 ,a tour thro the ,united ,states ought now to be considered as a necessary part of a liberal education4 ,instead of sending young gentlemen to ,europe to view curiosities and learn vices and follies1 let them spend twelve or eighteen months in examining the local situation of the different ,states2 the rivers1 the soil1 the population1 the improvements and commercial advantages of the whole2 with an attention to the spirit and manners of the inhabitants1 their laws1 local customs and institutions4 ,such a tour should at least precede a tour to ,europe2 for nothing can be more ridiculous than a man travelling in a foreign country for information1 when he can give no account of his own4 ,when1 therefore1 young gentlemen have finished an academic education1 let them travel thro ,america1 and afterwards to ,europe1 if their time and fortunes will permit4 ,but if they cannot make a tour thro both1 that in ,america is certainly to be preferred2 for the people of ,america1 with all their information1 are yet extremely ignorant of the geography1 policy and manners of their neighbouring ,states4 ,except a few gentlemen whose public employments in the army and in ,congress1 have extended their knowlege of ,america1 the people in this country1 even of the higher classes1 have not so correct information respecting the ,united ,states1 as they have respecting ,england or ,france4 ,such ignorance is not only disgraceful1 but is materially prejudicial to our political friendship and federal operations4 ,americans1 unshackle your minds1 and act like independent beings4 ,you have been children long enough1 subject to the control1 and subservient to the interest of a haughty parent4 ,you have now an interest of your own to augment and defend3 ,you have an empire to raise and support by your exertions1 and a national character to establish and extend by your wisdom and virtues4 ,to effect these great objects1 it is necessary to frame a liberal plan of policy1 and build it on a broad system of education4 ,before this system can be formed and embraced1 the ,americans must believe1 and act from the belief1 that it is dishonorable to waste life in mimicking the follies of other nations and basking in the sunshine of foreign glory4 ,no4 ,,ii4 ,,new ,,york1 #aghh4 ,,principles of ,,government and ,,commerce4 ,all mankind are1 by nature1 free1 and have a right to enjoy life1 liberty and property4 ,one person has no right to take from another his life1 health1 peace1 or good name2 to take away or lessen his freedom of thinking and acting1 or to injure his estate in the smallest degree4 ,a collection of individuals forms a society2 and every society must have government1 to prevent one man from hurting another1 and to punish such as commit crimes4 ,every person's safety requires that he should submit to be governed2 for if one man may do harm without suffering punishment1 every man has the same right1 and no person can be safe4 ,it is necessary therefore that there should be laws to control every man4 ,laws should be made by consent or concurrence of the greatest part of the society4 ,the whole body of people in society is the sovereign power or state2 which is called1 the body politic4 ,every man forms a part of this state1 and so has a share in the sovereignty2 at the same time1 as an individual1 he is a subject of the state4 ,when a society is large1 the whole state cannot meet together for the purpose of making laws2 the people therefore agree to appoint deputies1 or representativs1 to act for them4 ,when these agents are chosen and met together1 they represent the whole state1 and act as the sovereign power4 ,the people resign their own authority to their representativs2 the acts of these deputies are in effect the acts of the people2 and the people have no right to refuse obedience4 ,it is as wrong to refuse obedience to the laws made by our representativs1 as it would be to break laws made by ourselves4 ,if a law is bad and produces general harm1 the people may appoint new deputies to repeal it2 but while it is a law1 it is the act and will of the sovereign power1 and ought to be obeyed4 ,the people in free governments1 make their own laws by agents or representativs1 and appoint the executiv officers4 ,an executiv officer is armed with the authority of the whole state and cannot be resisted4 ,he cannot do wrong1 unless he goes beyond the bounds of the laws4 ,an executiv officer can hardly be too arbitrary2 for if the laws are good1 they should be strictly executed and religiously obeyed3 ,if they are bad1 the people can alter or repeal them2 or if the officer goes beyond his powers1 he is accountable to those who appoint him4 ,a neglect of good and wholesome laws is the bane of society4 ,judges and all executiv officers should be made as much as possible1 independent of the will of the people at large4 ,they should be chosen by the representativs of the people and answerable to them only3 ,for if they are elected by the people1 they are apt to be swayed by fear and affection2 they may dispense with the laws1 to favor their friends1 or secure their office4 ,besides1 their election is apt to occasion party spirit1 cabals1 bribery and public disorder4 ,these are great evils in a state1 and defeat the purposes of government4 ,the people have a right to advise their representativs in certain cases1 in which they may be well informed4 ,but this right cannot often be exercised with propriety or safety3 ,nor should their instructions be binding on their representativs3 ,for the people1 most of whom live remote from each other1 cannot always be acquainted with the general interest of the state2 they cannot know all the reasons and arguments which may be offered for1 or against a measure1 by people in distant parts of the state2 they cannot tell at home1 how they themselves would think and act1 in a general assembly of all the citizens4 ,in this situation1 if the people of a certain district1 bind their representativ to vote in a particular manner1 they may bind him to do wrong4 ,they make up their minds1 upon a partial view of facts1 and form a resolution1 which they themselves1 on a fair state of all the facts1 in the general assembly1 might see reasons to change4 ,there have been instances1 in which these binding1 positiv instructions1 have obliged a representativ to give his vote1 contrary to the conviction of his own mind and what he thought the good of the state2 consequently his vote was a violation of his oath4 ,but the opinions of the people should1 if possible1 be collected2 for the general sense of a nation is commonly right4 ,when people are well informed1 their general opinion is perhaps always right4 ,but they may be uninformed or misinformed and consequently their measures may be repugnant to their own interest4 ,this is often the case1 with particular districts of people2 and hence the bad policy of giving binding instructions to representativs4 ,the sense of a nation is collected by the opinions of people in particular districts2 but as some of these opinions may be wrong1 a representativ should be left with discretionary powers to act for the good of the state4 ,representativs are chosen by the inhabitants of certain districts1 because this is most convenient3 ,but when they act as lawgivers1 they act for the whole state4 ,when a man is considering the propriety of a general measure1 he is not to be influenced by the interest of a single district or part of a state2 but by the collectiv interest of the whole state4 ,a good lawgiver will not ask solely what is my interest1 or the interest of my town or constituents8 but1 what will promote the interest of the community2 'what will produce the greatest possible good1 to the greatest number of people8' ,when a legislativ body makes laws1 it acts for itself only1 and can alter or repeal the laws when they become inconvenient4 ,but when it makes grants or contracts1 it act as a party1 and cannot take back its grant1 or change the nature of its contracts1 without the consent of the other party4 ,a state has no more right to neglect or refuse to fulfil its engagements1 than an individual4 ,there may be an exception in the case of a grant1 for if a state has made a grant1 which1 contrary to its expectations1 clearly endangers the safety of the community1 it may resume that grant4 ,the public safety is a consideration superior to all others4 ,but the danger must be great and obvious2 it must be generally seen and felt1 before the state can be justified in recalling its grant4 ,to take back a gift1 or break a contract1 for small causes or slight inconveniencies1 is a most wanton abuse of power4 ,bargains1 conveyances1 and voluntary grants1 where two parties are concerned1 are sacred things2 they are the supports of social confidence and security2 they ought not to be sported with1 because one party is stronger than the other2 they should be religiously observed4 ,as the state has no right to break its own promises1 so it has no right to alter the promises of individuals4 ,when one man has engaged to pay his debt in wheat1 and his creditor expects the promise to be fulfiled1 the legislature has no right to say1 the debt shall be paid in flax or horses4 ,such an act saps all the supports of good faith between man and man2 it is the worst kind of tyranny4 ,for this reason1 all tender laws1 which oblige a creditor to take1 for his debt1 some article which he never intended nor engaged to take1 are highly unjust and tyrannical4 ,the intention of the contracting parties should be strictly regarded2 the state may enforce that intention1 but can never have a right to interfere and defeat it4 ,a legislature has no right to put a bargain on any footing1 but that on which the parties have placed it or are willing to place it4 ,if a state is poor1 and people owe more money than can be procured1 a legislature may perhaps go so far as to suspend the collection of debts2 or to ordain that a certain part only of the debts shall be recoverable immediately1 and the payment of the remainder suspended4 ,this may ease the debtors2 but can be justified in extreme cases only1 when the people are generally and greatly involved4 ,a people should not generally be in debt3 ,the consumers of goods should not get credit4 ,heavy and numerous debts are great evils to a state4 ,if the people will giv and take extensiv credit1 the state should check their imprudence1 by putting debts out of the protection of law4 ,when it becomes a practice to collect debts by law1 it is a proof of corruption and degeneracy among the people4 ,laws and courts are necessary to settle controverted points between man and man2 but a man should pay an acknowledged debt1 not because there is a law to oblige him1 but because it is just and honest1 and because he has ,,promised to pay it4 ,money1 or a medium in trade1 is necessary in all great states2 but too much is a greater evil than too little4 ,when people can get money without labor1 they neglect business and become idle1 prodigal and vicious2 and when they have nothing but money1 they are poor indeed4 ,spain was ruined by its mines of gold and silver in ,south ,america4 ,that kingdom possessed all the money in ,europe1 and yet was the poorest2 it will never be rich and flourishing1 till its mines are exhausted4 ,the discovery of rich mines in this country1 would be the greatest misfortune1 that can befall the ,united ,states4 ,money is a mere representativ of property2 it is the change which facilitates trade4 ,but the wealth of a country is its produce2 and its strength consists in the number of its industrious inhabitants4 ,a man cannot become rich1 unless he earns more than he spends4 ,it is the same with a country4 ,the labouring men are the support of a nation4 ,the value of money depends on the quantity in circulation4 ,a medium of trade respects all commercial nations2 and like water1 it will find its level4 ,money will go where it is wanted1 if the people have any thing to purchase it4 ,if one state or country has more money than another1 it is a proof that the people are more industrious or saving4 ,it would be happy for the world1 if no more money could be made3 ,there is already too much4 ,silver is become very burdensome1 merely because there is too much in the world4 ,if there were but one quarter of the money which now circulates1 one quarter of a dollar would buy as much as a dollar will now4 ,hence the mistaken policy of those people who attempt to increase the medium of trade by coinage or by a paper currency4 ,they can add to the quantity1 as much as they please2 but not to the value4 ,if ,america were shut out from all intercourse with other nations1 and ten millions of dollars were circulating in the country1 every article of life would have a certain price4 ,if in this case1 wheat should be one dollar a bushel1 let the money be instantly doubled1 the price of wheat would then be two dollars1 and the price of every article would rise in the same proportion4 ,so that twenty millions of dollars would be worth no more than ten1 because they would buy no more of the useful commodities3 ,america would be no richer in the one case than in the other4 ,but as there is a communication with other nations1 a million of dollars1 added to the circulating specie1 does not increase the permanent medium in quantity2 for just so much money as is added1 will leave the country4 ,if there is too much money in a country1 the price of labor will rise1 and the produce cannot find market abroad without a loss4 ,this was the case with ,american produce1 at the close of the war4 ,if money is scarce in a country1 the price of labor will be low1 and consequently the produce of that country will be cheap at home1 and a great profit will be made on the exportation4 ,this profit will be returned1 partly in goods and partly in money1 and the country is enriched4 ,but the great principle1 which should constitute the corner stone of government1 is public justice4 ,the fountain head should be pure1 or the streams will be foul indeed4 ,that ,legislatures1 or bodies politic1 should make laws1 annex penalties for disobedience1 institute courts for deciding controversies and trying offenders1 and execute punishments on those that are convicted2 yet at the same time neglect to do justice themselves by paying their own debts2 this is of all absurdities the most glaring4 ,to compel individuals to perform contracts and yet break their own solemn promises2 to punish individuals for neglect1 and yet set a general example of delinquency1 is to undermine the foundation of social confidence1 and shake every principle of commutativ justice4 ,these are general principles in government and trade1 and ought to be deeply impressed upon the minds of every ,american4 ,no4 ,,iii4 ,,new ,,york1 #aghh4 ,,bills of ,,rights4 ,one of the principal objections to the new ,federal ,constitution1 is1 that it contains no ,bill of ,rights4 ,this objection1 ,i presume to assert1 is founded on ideas of government that are totally false4 ,men seem determined to adhere to old prejudices1 and reason wrong1 because our ancestors reasoned right4 ,a ,bill of ,rights against the encroachments of ,kings and ,barons1 or against any power independent of the people1 is perfectly intelligible2 but a ,bill of ,rights against the encroachments of an electiv ,legislature1 that is1 against our own encroachments on ourselves1 is a curiosity in government4 ,the ,english nation1 from which we descended1 have been gaining their liberties1 inch by inch1 by forcing concessions from the crown and the ,barons1 during the course of six centuries4#ag ,magna ,charta1 which is called the palladium of ,english liberty1 was dated in #abae1 and the people of ,england were not represented in ,parliament till the year #abfe4 ,magna ,charta established the rights of the ,barons and clergy against the encroachments of royal perogativ2 but the commons or people were hardly noticed in that deed4 ,there was but one clause in their favor1 which stipulated1 that no villain or rustic should1 by any fine1 be bereaved of his carts1 plows and instruments of husbandry4 ,as for the rest1 they were considered as a part of the property belonging to an estate1 and were transferred1 as other moveables1 at the will of their owners4 ,in the succeeding reign1 they were permitted to send ,representativs to ,parliament2 and from that time have been gradually assuming their proper degree of consequence in the ,british ,legislature4 ,in such a nation1 every law or statute that defines the powers of the crown1 and circumscribes them within determinate limits1 must be considered as a barrier to guard popular liberty4 ,every acquisition of freedom must be established as a right1 and solemnly recognized by the supreme power of the nation2 lest it should be again resumed by the crown under pretence of ancient prerogativ3 ,for this reason1 the habeas corpus act passed in the reign of ,charles #b;d1 the statute of the #b;d of ,william and ,mary1 and many others which are declaratory of certain privileges1 are justly considered as the pillars of ,english freedom4 #ag ,not that the ,english nation was originally in slavery2 for the primitiv ,saxons and ,germans were free4 ,but the military tenures1 established by the ,gothic conquests1 depressed the people2 so that under the rigor of the feudal system1 about the date of ,magna ,charta1 the ,king and ,nobles held their tenants in extreme servitude4 ,from this depression1 the ,english have gradually emerged into ancient freedom4 ,these statutes are however not esteemed because they are unalterable2 for the same power that enacted them1 can at any moment repeal them2 but they are esteemed1 because they are barriers erected by the ,representativs of the nation1 against a power that exists independent of their own choice4 ,but the same reasons for such declaratory constitutions do not exist in ,america1 where the supreme power is the people in their ,representativs4 ,the ,bills of ,rights1 prefixed to several of the constitutions of the ,united ,states1 if considered as assigning the reasons of our separation from a foreign government1 or as solemn declarations of right against the encroachments of a foreign jurisdiction1 are perfectly rational1 and were doubtless necessary4 ,but if they are considered as barriers against the encroachments of our own ,legislatures1 or as constitutions unalterable by posterity1 ,i venture to pronounce them nugatory1 and to the last degree1 absurd4 ,in our governments1 there is no power of legislation1 independent of the people2 no power that has an interest detached from that of the public2 consequently there is no power existing against which it is necessary to guard4 ,while our ,legislatures therefore remain electiv1 and the rulers have the same interest in the laws1 as the subjects have1 the rights of the people will be perfectly secure without any declaration in their favor4 ,but this is not the principal point4 ,i undertake to prove that a standing ,bill of ,rights is absurd1 because no constitutions1 in a free government1 can be unalterable4 ,the present generation have indeed a right to declare what they deem a privilege2 but they have no right to say what the next generation shall deem a privilege4 ,a state is a supreme corporate body that never dies4 ,its powers1 when it acts for itself1 are at all times equally extensiv2 and it has the same right to repeal a law this year1 as it had to make it the last4 ,if therefore our posterity are bound by our constitutions1 and can neither amend nor annul them1 they are to all intents and purposes our slaves4 ,but it will be enquired1 have we then no right to say1 that trial by jury1 the liberty of the press1 the habeas corpus writ1 and other invaluable privileges1 shall never be infringed nor destroyed8 ,by no means4 ,we have the same right to say that lands shall descend in a particular mode to the heirs of the deceased proprietor1 and that such a mode shall never be altered by future generations1 as we have to pass a law that the trial by jury shall never be abridged4 ,the right of ,jury trial1 which we deem invaluable1 may in future cease to be a privilege2 or other modes of trial more satisfactory to the people1 may be devised4 ,such an event is neither impossible nor improbable4 ,have we then a right to say that our posterity shall not be judges of their own circumstances8 ,the very attempt to make perpetual constitutions1 is the assumption of a right to control the opinions of future generations2 and to legislate for those over whom we have as little authority as we have over a nation in ,asia4 ,nay we have as little right to say that trial by jury shall be perpetual1 as the ,english1 in the reign of ,edward the ,confessor1 had1 to bind their posterity forever to decide causes by fiery ,ordeal1 or single combat4 ,there are perhaps many laws and regulations1 which from their consonance to the eternal rules of justice1 will always be good and conformable to the sense of a nation4 ,but most institutions in society1 by reason of an unceasing change of circumstances1 either become altogether improper1 or require amendment2 and every nation has at all times1 the right of judging of its circumstances and determining on the propriety of changing its laws4 ,the ,english writers talk much of the omnipotence of ,parliament2 and yet they seem to entertain some scruples about their right to change particular parts of their constitution4 ,i question much whether ,parliament would not hesitate to change1 on any occasion1 an article of ,magna ,charta4 ,mr4 ,pitt1 a few years ago1 attempted to reform the mode of representation in ,parliament4 ,immediately an uproar was raised against the measure1 as unconstitutional4 ,the representation of the kingdom1 when first established1 was doubtless equal and wise2 but by the increase of some cities and boroughs1 and the depopulation of others1 it has become extremely unequal4 ,in some boroughs there is scarcely an elector left to enjoy its privileges4 ,if the nation feels no great inconvenience from this change of circumstances1 under the old mode of representation1 a reform is unnecessary4 ,but if such a change has produced any national evils of magnitude enough to be felt1 the present form of electing the ,representativs of the nation1 however constitutional1 and venerable for its antiquity1 may at any time be amended1 if it should be the sense of ,parliament4 ,the expediency of the alteration must always be a matter of opinion2 but all scruples as to the right of making it are totally groundless4 ,magna ,charta may be considered as a contract between two parties1 the ,king and the ,barons1 and no contract can be altered but by the consent of both parties4 ,but whenever any article of that deed or contract shall become inconvenient or oppressiv1 the ,king1 ,lords and ,commons may either amend or annul it at pleasure4 ,the same reasoning applies to each of the ,united ,states1 and to the ,federal ,republic in general4 ,but an important question will arise from the foregoing remarks1 which must be the subject of another paper4 ,no4 ,,iv4 ,,new ,,york1 #aghh4 ,,on ,,government4 ,the important question ,i proposed to discuss in this number1 is this3 ,whether1 in a free ,state1 there ought to be any distinction between the powers of the people1 or electors1 and the powers of the ,representativs in the ,legislature4 ,or in other words1 whether the legislativ body is not1 or ought not to be1 a standing convention1 invested with the whole power of their constituents4 ,in supporting the affirmativ of this question1 ,i must face the opinions and prejudices of my countrymen2 yet if we attend closely to the merits of the question1 stripped of all its specious covering1 we shall perhaps find more arguments in favor of the opinion1 than we at first suspect4 ,in the first place1 a ,legislature must be the supreme power1 whose decisions are laws binding upon the whole ,state4 ,unless the ,legislature is the supreme power1 and invested with all the authority of the ,state1 its acts are not laws1 obligatory upon the whole ,state4#ah ,i am sensible that it is a favorite idea in this country1 bandied about from one demagogue to another1 that rulers are the servants of the people4 ,so far as their business is laborious and embarrassing1 it implies a degree of servitude2 but in any other view1 the opinion is totally false4 ,the people ought at least to place their rulers1 who are generally men of the first abilities and integrity1 on a level with themselves2 for that is an odd kind of government indeed1 in which1 servants govern their masters4 ,the truth is1 a ,representativ1 as an individual1 is on a footing with other people2 as a ,representativ of a ,state1 he is invested with a share of the sovereign authority1 and is so far a governor of the people4 ,in short1 the collectiv body of the ,representativs1 is the collectiv sense and authority of the people2 and so far are the members from being the servants of the people1 that they are just as much masters1 rulers1 governors1 whatever appellation we give them1 as the people would be themselves in a convention of the whole ,state4 #ah ,the first convention of deputies in a state1 is usually designed to direct the mode in which future legislatures shall be organized4 ,this convention cannot abridge the powers of future legislatures1 any further than they are abridged by the moral law1 which forbids all wrong in general4 ,but in the second place1 the public good or safety requires that the powers of a ,legislature should be coextensiv with those of the people4 ,that a ,legislature should be competent to pass any law that the public safety and interest may require1 is a position that no man will controvert4 ,if therefore it can be proved that the reservation of any power in the hands of the people1 may at times interfere with the power of the ,legislature to consult the public interest1 and prevent its exercise1 it must be acknowleged1 that such a reservation is not only impolitic1 but unjust4 ,that a ,legislature should have unlimited power to do right1 is unquestionable2 but such a power they cannot have1 unless they have all the power of the ,state2 which implies an unlimited power to do wrong4 ,for instance1 suppose the constitution of any state to declare1 that no standing army shall be kept up in time of peace2 then the ,legislature cannot raise and maintain a single soldier to guard our frontiers1 without violating the constitution4 ,to say that new enlistments every year will save the constitution1 is idle2 for if a body of troops raised for thirty years is a standing army1 then a body raised for twenty years1 or for six months1 is a standing army2 and the power to raise troops for a year1 is a power to raise them at any time and maintain them forever2 but with the addition of much trouble and a load of expense4 ,since therefore there never was1 and probably never will be a time1 till the millenium shall arrive1 when troops will not be necessary to guard the frontiers of ,states1 a clause in a constitution1 restricting a ,legislature from maintaining troops in time of peace1 will unavoidably disable them from guarding the public interest4 ,that a power to raise and equip troops at pleasure1 may be abused1 is certain2 but that the public safety cannot be established without that power1 is equally certain4 ,the liberty of a people does not rest on any reservation of power in their hands paramount to their ,legislature2 it rests singly on this principle1 a union of interests between the governors and governed4 ,while a ,legislator himself1 his family and his property1 are all liable to the consequences of the laws which he makes for the ,state1 the rights of the people are as safe from the invasion of power1 as they can be on this side heaven4 ,this union of interest depends partly on the laws of property2 but mostly on the freedom of election4 ,the right of electing rulers is the people's prerogativ2 and while this remains unabridged1 it is a sufficient barrier to guard all their other rights4 ,this prerogativ should be kept sacred2 and if the people ever suffer any abridgment of this privilege1 it must be their own folly and an irrecoverable loss4 ,still further1 ,i maintain that a people have no right to say1 that any civil or political regulation shall be perpetual1 because they have no right to make laws for those who are not in existence4 ,this will be admitted2 but still the people contend that they have a right to prescribe rules for their ,legislature1 rules which shall not be changed but by the people in a convention4 ,but what is a convention8 ,why a body of men chosen by the people in the manner they choose the members of the ,legislature1 and commonly composed of the same men2 but at any rate they are neither wiser nor better4 ,the sense of the people is no better known in a convention1 than in the ,legislature4#ai #ai ,the nominal distinction of ,convention and ,legislature was probably copied from the ,english2 but the ,american distinction goes farther1 it implies1 in common acceptation1 a difference of power4 ,this difference does not exist in ,g4 ,britain4 ,the assembly of ,lords and ,commons which restored ,charles ,,ii1 and that which raised the ,prince of ,orange to the throne1 were called ,conventions1 or parliamentary ,conventions4 ,but the difference between these ,conventions and an ordinary ,parliament1 is merely a difference in the manner of assembling2 a ,convention being an assembly or meeting of ,lords and ,commons1 on an emergency1 without the ,king's writ1 which is the regular constitutional mode of summoning them1 and by custom necessary to render the meeting a ,parliament4 ,but the powers of this assembly1 whether denominated a ,convention or a ,parliament1 have ever been considered as coextensive and supreme4 ,i would just remark further1 that the impossibility of establishing perpetual1 or even permanent forms of government1 is proved already by the experience of two ,states in ,america4 ,pensylvania and ,georgia1 have suffered under bad ,constitutions1 till they are glad to go thro the process of calling a new ,convention4 ,after the new forms of government have been tried some time1 the people will discover new defects1 and must either call a third ,convention1 or let the governments go on without amendment1 because their ,legislatures1 which ought to have supreme power1 cannot make altertations4---- #aghi4 ,but admit the right of establishing certain rules or principles which an ordinary ,legislature cannot change1 and what is the consequence8 ,it is this1 a change of circumstances must supersede the propriety of such rules1 or render alterations necessary to the safety or freedom of the ,state2 yet there is no power existing1 but in the people at large1 to make the necessary alterations4 ,a convention then must be called to transact a business1 which an ordinary ,legislature can transact just as well2 a convention differing from the ,legislature merely in name1 and in a few formalities of their proceedings4 ,but when people have enjoyed a tolerable share of happiness under a government1 they will not readily step out of the common road of proceeding2 and evils insensibly increase to an enormous degree1 before the people can be persuaded to a change4 ,the reservation therefore of certain powers may1 by an imperceptible change of circumstances1 prove highly pernicious to a ,state4 ,for example3 ,when the ,commons of ,england were first admitted to a share in the legislation of that kingdom1 which was probably in the reign of ,henry ,,iii1 in #abfe1bj the representation was tolerably equal4 ,but the changes in the population of different parts of the kingdom have destroyed all equality4 ,the mode of election therefore should be reformed4 ,but how shall it be done8 ,if there is a constitution in that kingdom1 which settles the mode of election1 and that constitution is an act of the people1 paramount to the power of the ,parliament1 and unchangeable by them1 a convention of the people must be called to make an alteration which would be as well made in ,parliament4 ,this would occasion infinite trouble and expense4 #bj ,this is the date of the first writs now extant1 for summoning the ,knights and ,burgesses4 ,but the danger is1 that as an evil of this kind increases1 so will the lethargy of the people1 and their habits of vice and negligence4 ,thus the disease acquires force1 for want of an early remedy1 and a dissolution ensues4 ,but a ,legislature1 which is always watching the public safety1 will more early discover the approaches of disorders1 and more speedily apply a remedy4 ,this is not precisely the case with the ,british constitution2 for it was not committed at once to parchment and ratified by the people4 ,it consists rather of practice1 or common law1 with some statutes of ,parliament4 ,but the ,english have been too jealous of changing their practice1 even for the better4 ,all the writers on the ,english constitution agree1 that any ,parliament can change or amend every part of it2 yet in practice1 the idea of an unalterable constitution has had too much influence in preventing a reform in their representation4 ,but we have an example nearer home directly in point4 ,the charter of ,connecticut declares that each town shall have liberty to send one or two deputies to the ,general ,court2 and the constant practice has been to send two4 ,while the towns were few1 the number of ,representativs was not inconvenient2 but since the complete settlement of the ,state1 and the multiplication of the towns1 the number has swelled the ,legislature to an unwieldly and expensive size4 ,the house of ,representativs consists of about #agj members3 ,an attempt has been made1 at several sessions1 to lessen the representation1 by limiting each town to one ,deputy4 ,a question arises1 have the ,assembly a right to lessen the representation8 ,in most ,states1 it would be decided in the negativ4 ,yet in that ,state it is no question at all2 for there is a standing law expressly delegating the whole power of all the freemen to the ,legislature4 ,but ,i bring this instance to prove the possibility of changes in any system of government1 which will require material alterations in its fundamental principles2 and the ,legislature should always be competent to make the necessary amendments1 or they have not an unlimited power to do right4#ba #ba ,in ,pensylvania1 after the late choice of ,delegates to ,congress by the people1 one of the ,gentlemen sent his resignation to the ,president and ,council1 who refered it to the ,legislature then sitting4 ,this body1 compozed of the servants of the people1 ,i suppoze1 solemnly resolved1 that there was no power in the ,state which could accept the resignation4 ,the resolv was grounded on the idea that the power of the people is paramount to that of the ,legislature2 whereas the people hav no power at all1 except in choosing representativs4 ,all ,legislativ and ,executiv powers are vested in their ,representativs1 in ,councilor ,assembly1 and the ,council should have accepted the resignation and issued a precept for another choice4 ,their compelling the man to serve was an act of tyranny4 ,the distinction between the ,legislature and a ,convention is1 for the first time1 introduced into ,connecticut1 by the recommendation of the late convention of ,states1 in order to adopt the new constitution4 ,the ,legislature of the ,state1 without adverting to laws or practice1 immediately recommended a convention for that purpose4 ,yet a distinction between a ,convention and a ,legislature is1 in that ,state1 a palpable absurdity1 even by their own laws2 for there is no constitution in the ,state1 except its laws1 which are always repealable by an ordinary ,legislature2 and the laws and uniform practice1 from the first organization of the government1 declare that the ,legislature has all the power of all the people4 ,a convention therefore can have no more power1 and differs no more from an ordinary ,legislature1 than one ,legislature does from another4 ,or rather it is no more than a ,legislature chosen for one particular purpose of supremacy2 whereas an ordinary ,legislature is competent to all purposes of supremacy4 ,but had the ,legislature of that ,state ratified or rejected the new constitution1 without consulting their constituents1 their act would have been valid and binding4 ,this is the excellence of the constitution of ,connecticut1 that the ,legislature is considered as the body of the people2 and the people have not been taught to make a distinction which should never exist1 and consider themselves as masters of their rulers1 and their power as paramount to the laws4 ,to this excellence in her frame of government1 that ,state is indebted for uniformity and stability in public measures1 during a period of one hundred and fifty years2 a period of unparalleled tranquillity1 never once disturbed by a violent obstruction of justice1 or any popular commotion or rebellion4 ,wretched indeed would be the people of that ,state1 should they adopt the vulgar maxim1 that their rulers are their servants4 ,we then may expect that the laws of those servants will be treated with the same contempt1 as they are in some other ,states4#bb #bb ,this pernicious error subverts the whole foundation of government4 ,it resembles the practice of some ,gentlemen in the country1 who hire a poor strolling vagabond to keep a school1 and then let the children know that he is a mere servant4 ,the consequence is1 the children despise him and his rules1 and a constant war is maintained between the master and his pupils4 ,the boys think themselves more respectable than the master1 and the master has the rod in his hand1 which he never fails to exercise4 ,a proper degree of respect for the man and his laws1 would prevent a thousand hard knocks4 ,this is government in miniature4 ,men are taught to believe that their rulers are their servants1 and then are rewarded with a prison and a gallows for despising their laws4 ,but from the manner in which government is constituted1 it is evident that there is no power residing in the ,state at large1 which does not reside in the legislature4 ,i know it is said that government originates in compact2 but ,i am very confident1 that if this is true1 the compact is different from any other kind of compact that is known among men4 ,in all other compacts1 agreements or covenants1 the assent of every person concerned1 or who is to be bound by the compact1 is requisite to render it valid and obligatory upon such person4 ,but ,i very much question whether this ever takes place in any constitution of government4 ,perhaps so far there is an implied compact in government1 that every man consents to be bound by the opinion of a majority2 but this is all a supposition2 for the consent of a hundredth part of a society is never obtained4 ,the truth is1 government originates in necessity and utility2 and whether there is an implied compact or not1 the opinions of the few must be overruled1 and submit to the opinions of the many4 ,but the opinions of a majority cannot be known1 but in an ,assembly of the whole society2 and no part of the society has a right to decide upon a measure which equally affects the whole1 without a consultation with the whole1 to hear their arguments and objections4 ,it is said that all power resides in the people2 but it must be remembered1 that let the supreme power be where it will1 it can be exercised only in an ,assembly of the whole ,state1 or in an ,assembly of the ,representativs of the whole ,state4 ,suppose the power to reside in the people1 yet they cannot1 and they have no right to exercise it in their scattered districts1 and the reason is very obvious2 it is impossible that the propriety of a measure can be ascertained1 without the best general information1 and a full knowlege of the opinions of the men on whom it is to operate4 ,by opinions here ,i would not be understood to mean1 the various opinions formed on a view of a particular interest1 for these opinions may be obtained by sending to each district1 and collecting instructions2 but ,i mean the opinions of the whole society1 formed on the information and debates of the whole society4 ,these opinions can be formed no where but in a ,convention of the whole ,state1 or of their ,representativs4 ,so far therefore are the people from having a power paramount to that of their ,representativs in ,convention1 that they can exercise no act of supremacy or legislation at all1 but in a ,convention of the whole ,state by ,representativs4#bc ,unless therefore1 it can be proved that a ,convention1 so called1 which is composed mostly of the same men as a ,legislature1 possesses some wisdom1 power or qualifications1 which a ,legislature does not and cannot1 then the distinction is useless and trifling4 ,a ,legislature is supposed to consist of men whom the people judge best qualified to superintend their interests2 a convention cannot be composed of better men2 and in fact we find it generally composed of the same men4 ,if therefore no act of sovereignty can be exercised but in an ,assembly of ,representativs1 of what consequence is it1 whether we call it a ,convention or a ,legislature8 or why is not the ,assembly of ,representativs of a people1 at all times a ,convention1 as well as a ,legislature8 #bc ,in a democracy there can be no exercise of sovereignty but by suffrage3 ,in ,england1 where the people do not debate in a collective body1 but by representation1 the exercise of this sovereignty consists in the choice of ,representatives4 ,blackstone's ,com4 b4 #a4 ch4 #b4 ,this is the sole power of the people in ,america4 ,to me it appears that a distinction is made without a difference2 but a distinction that will often prevent good measures1 perpetuate evils in government1 and by creating a pretended power paramount to the ,legislature1 tend to bring laws into contempt4 ,,postscript4---- ,this reasoning applies solely to the individual ,states1 and not to the ,united ,states1 before they were formed into a federal body4 ,an important distinction must be observed between the ,constitution of a sovereign ,state1 and of thirteen distinct sovereignties4 ,in a sovereign ,state1 whatever they may suggest to the contrary1 the voices of a majority are binding upon the minority1 even in framing the first plan of government4 ,in general1 a majority of the votes of the ,representativs in ,legislature or ,convention have been admitted as obligatory upon every member of the ,state1 in forming and establishing a ,constitution3 ,but when the ,constitution has been submitted to the people1 as it is called1 in town meetings or other small assemblies1 the assent of every individual could not be expressly obtained2 and the dissent of any number1 less than half the freemen present1 who might not be one half the whole number in the ,state1 could not prevent the establishment of the government1 nor invalidate the obligation of every man to submit peaceably to its operation4 ,the members of a state or community1 cannot from necessity1 be considered as parties to a contract1 where the assent of every man is necessary to bind him to a performance of the engagement4 ,but the several ,states1 enter into a negociation like contracting parties2 they agree that the assent of every individual ,state1 shall be requisite to bind that ,state2 and the frame of government1 so agreed upon1 is considered as a compact between independent sovereignties1 which derives its binding force from the mutual and unanimous consent of the parties1 and not merely from a necessity that the major part of the people should compel the rest to submission4 ,but in this very compact1 the ,states have resigned their independent sovereignty1 and become a single body or state1 as to certain purposes2 for they have solemnly contracted with each other1 that three fourths of their number may alter and amend the first compact4 ,they are therefore no longer separate individuals and contracting parties2 but they form a single ,state or body politic2 and a majority of three fourths can exert every act of sovereignty1 except in two or three particulars1 expressly reserved in the compact4 ,no4 ,v4 ,,new ,,york1 #aghh4 ,,on ,,government4 ,the constitution of ,virginia1 like that of ,connecticut1 stands on the true principles of a ,republican ,representativ ,government4 ,it is not shackled with a ,bill of ,rights1 and every part of it1 is at any time1 alterable by an ordinary ,legislature4 ,when ,i say every part of the constitution is alterable1 ,i would except the right of elections1 for the ,representativs have not power to prolong the period of their own delegation4 ,this is not numbered among the rights of legislation1 and deserves a separate consideration4 ,this right is not vested in the ,legislature2 it is in the people at large2 it cannot be alienated without changing the form of government4 ,nay the right of election is not only the basis1 but the whole frame or essence of a republican constitution2 it is not merely one1 but it is the only legislativ or constitutional act1 which the people at large can with propriety exercise4 ,the simple principle for which ,i contend is this1 ,that in a representativ democracy1 the delegates chosen for ,legislators ought1 at all times1 to be competent to every possible act of legislation under that form of government2 but not to change that form4 ,besides it is contrary to all our ideas of deputation or agency for others1 that the person acting should have the power of extending the period of agency beyond the time specified in his commission4 ,the ,representativ of a people is1 as to his powers1 in the situation of an ,attorney1 whose letters commission him to do every thing which his constituent would do1 where he on the spot2 but for a limited time only4 ,at the expiration of that time his powers cease2 and a ,representativ has no more right to extend that period1 than a plenipotentiary has to renew his commission4 ,the ,british ,parliament1 by prolonging the period of their existence from one to three1 and from three to seven years1 committed an unjust act2 an act however which has been confirmed by the acquiescence of the nation1 and thus received the highest constitutional sanction4 ,i am sensible that the ,americans are much concerned for the liberties of the ,british nation2 and the act for making ,parliaments septennial is often mentioned as an arbitrary1 oppressiv act1 destructiv of ,english liberty4#bd ,the ,english are doubtless obliged to us for our tender concern for their happiness2 yet for myself ,i entertain no such ideas3 ,the ,english have generally understood and advocated their rights as well as any nation1 and ,i am confident that the nation enjoys as much happiness and freedom1 and much more tranquillity1 under septennial ,parliaments1 than they would with annual elections4 ,corruption to obtain offices will ever attend wealth2 it is generated with it1 grows up with it1 and will always fill a country with violent factions and illegal practices4 ,such are the habits of the people1 that money will have a principal influence in carrying elections2 and such vast sums are necessary for the purpose1 that if elections were annual1 none but a few of the wealthiest men could defray the expense2 the landholders of moderate estates would not offer themselves as candidates2 and thus in fact annual elections1 with the present habits of the people1 would actually diminish the influence of the ,commons1 by throwing the advantage into the hands of a corrupt ministry1 and a few overgrown nabobs4 ,before annual elections would be a blessing to the ,english1 their habits must be changed2 but this cannot be effected by human force4 ,i wish my countrymen would believe that other nations understand and can guard their privileges1 without any lamentable outcries from this side of the ,atlantic4 ,government will always take its complexion from the habits of the people2 habits are continually changing from age to age2 a body of ,legislators taken from the people1 will generally represent these habits at the time when they are chosen3 ,hence these two important conclusions1 #ast1 ,that a legislativ body should be frequently renewed and always taken from the people3 #b;d1 ,that a government which is perpetual1 or incapable of being accommodated to every change of national habits1 must in time become a bad government4 #bd ,the septennial act was judged the only guard against a ,popish reign1 and therefore highly popular4 ,with this view of the subject1 ,i cannot suppress my surprise at the reasoning of ,mr4 ,jefferson on this very point4#be ,he considers it as a defect in the constitution of ,virginia1 that it can be altered by an ordinary ,legislature4 ,he observes that the ,convention which framed the present constitution of that ,state1 received no powers in their creation which were not given to every ,legislature before and since4 ,so far and no farther authorised1 they organized the government by the ordinance entitled a ,constitution or form of government4 ,it pretends to no higher authority than the other ordinances of the same session2 it does not say1 that it shall be perpetual2 that it shall be unalterable by other ,legislatures2 that it shall be transcendant above the powers of those1 who they knew would have equal powers with themselves4 #be ,notes on ,virginia1 page #aig4 ,lond4 ,edit4 ,query #ac4 ,but suppose the framers of this ordinance had said1 that it should be perpetual and unalterable2 such a declaration would have been void4 ,nay1 altho the people themselves had individually and unanimously declared the ordinance perpetual1 the declaration would have been invalid4 ,one ,assembly cannot pass an act1 binding upon a subsequent ,assembly of equal authority2#bf and the people in #aggf1 had no authority1 and consequently could delegate none1 to pass a single act which the people in #aggg1 could not repeal and annul4 ,and ,mr4 ,jefferson himself1 in the very next sentence1 assigns a reason1 which is an unanswerable argument in favor of my position1 and a complete refutation of his own4 ,these are his words4 ,not only the silence of the instrument is a proof they thought it would be alterable1 but their own practice also3 ,for this very ,convention1 meeting as a ,house of ,delegates in ,general ,assembly with the new ,senate in the autumn of that year1 passed acts of ,assembly in contradiction to their ordinance of government2 and every ,assembly from that time to this1 has done the same4 #bf ,contracts1 where a ,legislature is a party1 are excepted4 ,did ,mr4 ,jefferson reflect upon the inference that would be justly drawn from these facts8 ,did he not consider that he was furnishing his opponents with the most effectual weapons against himself8 ,the acts passed by every subsequent ,assembly in contradiction to the first ordinance1 prove that all the ,assemblies were fallible men2 and consequently not competent to make perpetual ,constitutions for future generations4 ,to give ,mr4 ,jefferson1 and the other advocates for unchangeable ,constitutions1 the fullest latitude in their argument1 ,i will suppose every freeman of ,virginia1 could have been assembled to deliberate upon a form of government1 and that the present form1 or even one more perfect1 had been the result of their ,councils2 and that they had declared it unalterable4 ,what would have been the consequence8 ,experience would probably have discovered1 what is the fact2 and what forever will be the case2 that ,conventions are not possessed of infinite wisdom2 that the wisest men cannot devise a perfect system of government4 ,after all this solemn national transaction1 and a formal declaration that their proceedings should be unalterable1 suppose a single article of the ,constitution should be found to interfere with some national benefit1 some material advantage2 where would be the power to change or reform that article8 ,in the same general ,assembly of all the people1 and in no other body4 ,but must a ,state be put to this inconvenience1 to find a remedy for every defect of constitution8 ,suppose1 however1 the ,convention had been empowered to declare the form of government unalterable3 ,what would have been the consequence8 ,mr4 ,jefferson himself has related the consequence4 ,every succeeding ,assembly has found errors or defects in that frame of government1 and has happily applied a remedy4 ,but had not every ,legislature had power to make these alterations1 ,virginia must have gone thro the farce1 and the trouble of calling an extraordinary ,legislature1 to do that which an ordinary ,legislature could do just as well1 in their annual session2 or those errors must have remained in the constitution1 to the injury of the ,state4 ,the whole argument for ,bills of ,rights and unalterable ,constitutions rests on two suppositions1 viz4 that the ,convention which frames the government1 is infallible2 and that future ,legislatures will be less honest1 less wise1 and less attentiv to the interest of the ,state1 than a present ,convention3 ,the first supposition is always false1 and the last is generally so4 ,a declaration of perpetuity1 annexed to a form of government1 implies a supposition of perfect wisdom and probity in the framers2 which is both arrogant and impudent2 and it implies a supposed power in them1 to abridge the power of a succeeding ,convention1 and of the future state or body of people4 ,the last supposition is1 in every possible instance of legislation1 false2 and an attempt to exercise such a power1 a high handed act of tyranny4 ,but setting aside the argument1 grounded on a want of power in one ,assembly to abridge the power of another1 what occasion have we to be so jealous of future ,legislatures8 ,why should we be so anxious to guard the future rights of a nation8 ,why should we not distrust the people and the ,representativs of the present age1 as well as those of future ages1 in whose acts we have not the smallest interest8 ,for my part1 ,i believe that the peeple and their ,representativs1 two or three centuries hence1 will be as honest1 as wise1 as faithful to themselves1 and will understand their rights as well1 and be as able to defend them1 as the people are at this period4 ,the contrary supposition is absurd4 ,i know it is said1 that other nations have lost their liberties by the ambitious designs of their rulers1 and we may do the same4 ,the experience of other nations1 furnishes the ground of all the arguments used in favor of an unalterable constitution4 ,the advocates seem determined that posterity shall not lose their liberty1 even if they should be willing and desirous to surrender it4 ,if a few declarations on parchment1 will secure a single blessing to posterity1 which they would otherwise lose1 ,i resign the argument1 and will receive a thousand declarations4 ,yet so thoroughly convinced am ,i of the opposite tendency and effect of such unalterable declarations1 that1 were it possible to render them valid1 ,i should deem every article an infringement of civil and political liberty4 ,i should consider every article as a restriction which might impose some duty which in time might cease to be useful and necessary1 while the obligation of performing it might remain2 or which in its operation might prove pernicious1 by producing effects which were not expected1 and could not be foreseen4 ,there is no one single right1 no privilege1 which is commonly deemed fundamental1 which may not1 by an unalterable establishment1 preclude some amendment1 some improvement in future administration of government4 ,and unless the advocates for unalterable constitutions of government1 can prevent all changes in the wants1 the inclinations1 the habits1 and the circumstances of people1 they will find it difficult1 even with all their declarations of unalterable rights1 to prevent changes in government4 ,a paper declaration is a very feeble barrier against the force of national habits1 and inclinations4 ,the loss of liberty1 as it is called1 in the kingdoms of ,europe1 has1 in several instances1 been a mere change of government1 effected by a change of habits1 and in some instances this change has been favorable to liberty4 ,the government of ,denmark1 was changed from a mixed form1 like that of ,england1 to an absolute monarchy1 by a solemn deliberate act of the people or ,states4 ,was this a loss of liberty8 ,so far from it1 that the change removed the oppressions of faction1 restored liberty to the subject and tranquillity to the kingdom4 ,the change was a blessing to the people4 ,it indeed lodged a power in the ,prince to dispose of life and property2 but at the same time it lodged in him a power to defend both2 a power which before was lodged no where2 and it is infinitely better that such a power should be vested in a single hand1 than that it should not exist at all4 ,the monarchy of ,france has grown out of a number of petty states and lordships2 yet it is a fact1 proved by history and experience1 that the subjects of that kingdom have acquired liberty1 peace and happiness1 in proportion to the diminution of the powers of the petty sovereignties1 and the extension of the prerogativs of the ,monarch4 ,it is said that ,spain lost her liberties under the reign of ,charles ,vth2 but ,i question the truth of the assertion2 it is probable that the subject has gained as much by an abridgement of the powers of the nobility1 as he lost by an annihilation of the ,cortez4 ,the ,united ,netherlands fought with more bravery and perseverance to preserve their rights1 than any other people since the days of ,leonidas2 and yet no sooner established a government1 so jealously guarded as to defeat its own designs1 and prevent the good effects of government1 than they neglected its principles2 the freemen resigned the privilege of election1 and committed their liberties to a rich aristocracy4 ,there was no compulsion1 no external force in producing this revolution2 but the form of government1 which had been established on paper1 and solemnly ratified1 was not suited to the genius of the subjects4 ,the burghers had the right of electing their rulers2 but they neglected it voluntarily2 and a bill of rights1 a perpetual constitution on parchment1 guaranteeing that right1 was a useless form of words1 because opposed to the temper of the people4 ,the government assumed a complexion1 more correspondent to their habits1 and tho in theory no constitution is more cautiously guarded against an infringement of popular privileges1 yet in practice it is a real aristocracy4 ,the progress of government in ,england has been the reverse3 ,the people have been gaining freedom by intrenching upon the powers of the nobles and the royal prerogativs4 ,these changes in government do not proceed from bills of rights1 unalterable forms and perpetual establishments2 liberty is never secured by such paper declarations1 nor lost for want of them4 ,the truth is1 ,government originates in necessity1 and takes its form and structure from the genius and habits of the people2 and if on paper a form is not accommodated to those habits1 it will assume a new form1 in spite of all the formal sanctions of the supreme authority of a ,state4 ,were the monarchy of ,france to be dissolved1 and the wisest system of republican government ever invented1 solemnly declared1 by the ,king and his council1 to be the constitution of the kingdom2 the people with their present habits1 would refuse to receive it2 and resign their privileges to their beloved sovereign4 ,but so opposite are the habits of the ,americans1 that an attempt to erect a monarchy or an aristocracy over the ,united ,states1 would expose the authors to the loss of their heads4#bg ,the truth is1 the people of ,europe1 since they have become civilized1 have1 in no kingdom1 possessed all the true principles of liberty4 ,they could not therefore lose what they never possessed4 ,there have been1 from time immemorial1 some rights of government1 some prerogativs vested in some man or body of men1 independent of the suffrages of the body of the subjects4 ,this circumstance distinguishes the governments of ,europe and of all the world1 from those of ,america4 ,there has been in the free nations of ,europe an incessant struggle between freedom or national rights1 and hereditary prerogativs4 ,the contest has ended variously in different kingdoms2 but generally in depressing the power of the nobility2 ascertaining and limiting the prerogativs of the crown1 and extending the privileges of the people4 ,the ,americans have seen the records of their struggles2 and without considering that the objects of the contest do not exist in this country2 they are laboring to guard rights which there is no party to attack4 ,they are as jealous of their rights1 as if there existed here a ,king's prerogativs1 or the powers of nobles1 independent of their own will and choice1 and ever eager to swallow up their liberties4 ,but there is no man in ,america1 who claims any rights but what are common to every man2 there is no man who has an interest in invading popular privileges1 because his attempt to curtail another's rights1 would expose his own to the same abridgement4 ,the jealousy of people in this country has no proper object against which it can rationally arm them2 it is therefore directed against themselves1 or against an invasion which they imagine may happen in future ages4 ,the contest for perpetual bills of rights against a future tyranny1 resembles ,don ,quixote's fighting windmills2 and ,i never can reflect on the declamation about an unalterable constitution to guard certain rights1 without wishing to add another article1 as necessary as those that are generally mentioned1 viz4 that no future ,convention or ,legislature shall cut their own throats1 or those of their constituents4 ,while the habits of the ,americans remain as they are1 the people will choose their ,legislature from their own body2 that ,legislature will have an interest inseparable from that of the people1 and therefore an act to restrain their power in any article of legislation1 is as unnecessary as an act to prevent them from committing suicide4 #bg ,some jealous people ignorantly call the proposed ,constitution of ,federal ,government1 an aristocracy4 ,if such men are honest1 their honesty deserves pity3 ,there is not a feature of true aristocracy in the ,constitution2 the whole frame of ,government is a pure ,representativ ,republic4 ,mr4 ,jefferson1 in answer to those who maintain that the form of government in ,virginia is unalterable1 because it is called a constitution1 which1 ex vi termini1 means an act above the power of the ordinary ,legislature1 asserts that constitution1 statute1 law and ordinance1 are synonymous terms1 and convertible as they are used by writers on government4 ,constitutio dicitur jus quod a principe conditur4 ,constitutum1 quod ab imperatoribus rescriptum statutumve est4 ,statutum1 idem quod lex4#bh ,here the words constitution1 statute and law1 are defined by each other2 they were used as convertible terms by all former writers1 whether ,roman or ,british2 and before the terms of the civil law were introduced1 our ,saxon ancestors used the correspondent ,english words1 bid and set4#bi ,from hence he concludes that no inference can be drawn from the meaning of the word1 that a constitution has a higher authority than a law or statute4 ,this conclusion of ,mr4 ,jefferson is just4 #bh ,calvini ,lexicon ,juridicum4 #bi ,see ,laws of the ,saxon ,kings4 ,he quotes ,lord ,coke also to prove that any parliament can abridge1 suspend or qualify the acts of a preceding ,parliament4 ,it is a maxim in their laws1 that ,leges posteriores priores contrarias abrogant4 ,after having fully proved that constitution1 statute1 law and ordinance1 are words of similar import1 and that the constitution of ,virginia is at any time alterable by the ordinary ,legislature1 he proceeds to prove the danger to which the rights of the people are exposed1 for want of an unalterable form of government4 ,the first proof of this danger he mentions1 is1 the power which the ,assembly exercises of determining its own quorum4 ,the ,british ,parliament fixes its own quorum3 ,the former ,assemblies of ,virginia did the same4 ,during the war the ,legislature determined that forty members should be a quorum to proceed to business1 altho not a fourth part of the whole house4 ,the danger of delay1 it was judged1 would warrant the measure4 ,this precedent1 our writer supposes1 is subversive of the principles of the government1 and dangerous to liberty4 ,it is a dictate of natural law that a majority should govern2 and the principle is universally received and established in all societies1 where no other mode has been arbitrarily fixed4 ,this natural right cannot be alienated in perpetuum2 for altho a ,legislature1 or even the body of the people1 may resign the powers of government to forty1 or to four men1 when they please1 yet they may likewise resume them at pleasure4 ,the people may1 if they please1 create a dictator on an emergency in war1 but his creation would not destroy1 but merely suspend the natural right of the ,lex majoris partis4 ,thus forty members1 a minority of the ,legislature of ,virginia1 were empowered during a dangerous invasion1 to legislate for the ,state2 but any subsequent ,assembly might have divested them of that power4 ,during the operation of the law1 vesting them with this power1 their acts were binding upon the ,state2 because their power was derived from the general sense of the ,state2 it was actually derived from a legal majority4 ,but that majority could1 at any moment1 resume the power and practice on their natural right4 ,it is a standing law of ,connecticut1 that forty men shall be a quorum of the ,house of ,representativs1 which consists of about #agj members4 ,this law1 ,i am confident1 never excited a murmur1 or a suspicion that the liberties of the people were in danger2 yet this law creates an oligarchy2 it is an infringement of natural right2 it subjects the ,state to the possibility1 and even the probability of being governed at times by a minority4 ,the acquiescence of the ,state1 in the existence of the law1 gives validity1 and even the sanction of a majority1 to the acts of that minority2 but the majority may at any time resume their natural right1 and make the assent of more than half of the members1 necessary to give validity to their determinations4 ,the danger therefore arising from a power in the ,assembly to determine their own quorum1 is merely ideal1 for no law can be perpetual2 the authority of a majority of the people1 or of their ,representativs1 is always competent to repeal any act that is found unjust or inconvenient4 ,the acquiescence however of the people of the ,states mentioned1 and that in one of them for a long course of years1 under an oligarchy2 or their submission to the power of a minority1 is an incontestible proof of what ,i have before observed1 that theories and forms of government are empty things2 that the spirit of a government springs immediately from the temper of the people1 and the exercise of it will generally take its tone from their feelings4 ,it proves likewise that a union of interests between the rulers and the people1 which union will always coexist with free elections1 is not only the best1 but the only security for their liberties which they can wish for and demand4 ,the ,government of ,connecticut is a solid proof of these truths4 ,the ,assembly of that ,state1 have always had power to abolish trial by jury1 to restrain the liberty of the press1 to suspend the habeas corpus act1 to maintain a standing army1 in short to command every engine of despotism2 yet by some means or other1 it happens that the rights of the people are not invaded1 and the subjects have generally been better satisfied with the laws1 than the people of any other ,state4 ,the reason is1 the ,legislature is a part of the people1 and has the same interest4 ,if a law should prove bad1 the ,legislature can repeal it2 but in the unalterable bills of rights in some of the ,states1 if an article should prove wrong and oppressiv1 an ordinary ,legislature cannot repeal or amend it2 and the ,state will hardly think of calling a special ,convention for so trifling a purpose4 ,there are some articles1 in several of the ,state ,constitutions1 which are glaring infractions of the first rights of freemen2 yet they affect not a majority of the community2 and centuries may elapse before the evil can be redressed1 and a respectable class of men restored to the enjoyment of their rights4#cj #cj ,such is the article1 which excludes the clergy from a right to hold civil offices4 ,the people1 might1 with the same propriety1 have declared1 that no merchants nor lawyers should be eligible to civil offices4 ,it is a common opinion that the business of the clergy is wholly spiritual4 ,never was a grosser error4 ,a part of their business is to inform the minds of people on all subjects1 and correct their morals2 so that they have a direct influence on government4 ,at any rate they are subjects of law1 and ought as freemen to be eligible to a seat in the ,legislature2 provided the people incline to choose them4 ,to prove the want of an unalterable ,constitution in ,virginia1 ,mr4 ,jefferson informs us that in #aggf1 during the distressed circumstances of the ,state1 a proposition was made in the ,house of ,delegates to create a ,dictator1 invested with every power1 legislativ1 executiv and judicial1 civil and military4 ,in ,june1 #agha1 under a great calamity1 the proposition was repeated1 and was near being passed4 ,by the warmth he discovers in reprobating this proposal1 one must suppose that the creation of a ,dictator even for a few months1 would have buried every remain of freedom4 ,yet he seems to allow that the step would have been justified1 had there existed an irresistible necessity4 ,altho it is possible that a case may happen1 in which the creation of a ,dictator might be the only resort to save life1 liberty1 property and the ,state1 as it happened in ,rome more than once2 yet ,i should dread his power as much as any man1 were ,i not convinced that the same men that appointed him1 could1 in a moment1 strip him of his tremendous authority4 ,a ,dictator1 with an army superior to the strength of the ,state1 would be a despot2 but ,mr4 ,jefferson's fears seem grounded on the authority derived from the ,legislature4 ,a concession of power from the ,legislature1 or the people1 is a voluntary suspension of a natural unalienable right2 and is resumeable at the expiration of the period specified1 or the moment it is abused4 ,a ,state can never alienate a natural right2 for it cannot legislate for those who are not in existence4 ,it may consent to suspend that right for great and temporary purposes2 but were every freeman in ,virginia to assent to the creation of a perpetual ,dictator1 the act in itself would be void4 ,the expedient of creating a ,dictator is dangerous1 and no free people would willingly resort to it2 but there may be times when this expedient is necessary to save a ,state from ruin1 and when every man in a ,state would cheerfully give his suffrage for adopting it4 ,at the same time1 a temporary investiture of unlimited powers in one man1 may be abused2 it may be an influential precedent2 and the continuance of it1 may furnish the ,dictator with the means of perpetuating his office4 ,the distress of a people must be extreme1 before a serious thought of a ,dictator can be justifiable4 ,but the people who create1 can annihilate a ,dictator2 their right to govern themselves cannot be resigned by any act whatever1 altho extreme cases may vindicate them in suspending the exercise of it4 ,even prescription cannot exist against this right2 and every nation in ,europe has a natural right to depose its ,king1 and take the government into its own hands2 altho it may forever be inexpedient for any of them to exercise the right4 ,no4 ,,vi4 ,,new ,,york1 #aghh4 ,,on ,,government4 ,i have said1#ca that the people ought not to give binding instructions to ,representativs4 ,that they cannot exercise any act of supremacy or legislation at all but in a ,convention of the whole ,state1 or of the ,representativs of the whole ,state4 ,and ,that the right of election is the only constitutional right which they can with propriety exercise4 ,that these positions1 however repugnant to the received opinions of the present age1 are capable of political demonstration1 is to me unquestionable4 ,they all convey nearly the same idea1 and if true1 they contravene1 in some measure1 a fundamental maxim of ,american politics1 which is1 that the sovereign power resides in the people4 #ca ,no4 ,,ii4 ,,iv4 ,v4 ,i am not desirous of subverting this favorite maxim2 but ,i am very desirous it should be properly qualified and understood2 for the abuse of it is capable of shaking any government2 and ,i have no doubt that the mistakes which this maxim has introduced1 have been the principal sources of rebellion1 tumult and disorder in several of the ,american ,states4 ,it is doubtless true1 that the individuals who compose a political society or ,state1 have a sovereign right to establish what form of government they please in their own territories4 ,but in order to deliberate upon the subject1 they must all convene together1 as in ,rome and ,athens2 or must send deputies1 vested with powers to act for them1 as is the practice in ,england and ,america4 ,if they adopt the first method1 then the ,supreme ,legislativ power resides1 to all intents and purposes1 in the whole body of the people4 ,if1 from the local circumstances of the people1 the whole body cannot meet for deliberation1 then the ,legislativ powers do not reside in the people at large1 but in an assembly of men delegated by the whole body4 ,to prove this last position1 it is necessary to enquire1 what is the object of law1 and on what principles ought it to be founded8 ,a law1 if ,i understand the term1 is an act of the whole ,state1 operating upon the whole ,state1 either by command or prohibition3 ,it is thus distinguished from a resolve which more properly respects an individual or a part of the ,state4#cb ,the object of a law is to prevent positiv evil or produce positiv good to the whole ,state2 not merely to a particular part4 ,the principle therefore on which all laws should be founded1 is1 a regard to the greatest good which can be produced to the greatest number of individuals in the ,state4 ,the principle is so obvious1 that ,i presume it will not be controverted4 ,permit me then to enquire1 whether the people of any district1 county or town1 in their local meetings1 are competent to judge of this general good8 ,a law1 which is1 in its operation general1 must be founded on the best general information3 ,the people themselves have no right to consent to a law1 without this general information3 ,they have no right to consent to a law1 on a view of a local interest2 nor without hearing the objections and arguments1 and examining the amendments1 suggested by every part of the community1 which is to be affected by that law4 ,to maintain the contrary is to defend the most glaring contradictions4 ,but can the inhabitants1 in detached associations1 be acquainted with these objections and arguments8 ,can they know the minds of their brethren at the distance of three or five hundred miles8 ,if they cannot1 they do not possess the right of legislation4 ,little will it avail to say1 that the people acquire the necessary information by newspapers1 or other periodical publications3 ,there are not more than two ,states in the thirteen1 where one half the freemen read the public papers4 ,but if every freeman read the papers1 this would not give him the information necessary to qualify him for a ,legislator2 for but a small part of the intelligence they contain is official1 which alone can be the ground of law2 nor can the collectiv sense of a nation or state be gathered from newspapers4 ,the whole body of people1 or ,representativs of the whole body1 are the only vehicles of information which can be trusted1 in forming a judgement of the true interest of the whole ,state4 #cb ,it is a capital defect in some of the ,states1 that the government is so organized as not to admit subordinate acts of legislation in small districts4 ,in these ,states1 every little collection of people in a village must petition the ,legislature for liberty to lay out a highway or build a bridge2 an affair in which the ,state at large has very little interest1 and of the necessity and utility of which the ,legislature are not suitable judges4 ,this occasions much trouble for the ,state2 it is a needless expense4 ,a ,state should be divided into inferior corporations1 veiled with powers competent to all acts of local police4 ,what right have the inhabitants of ,suffolk to interfere in the building of a bridge in ,montgomery8a ,who are the most competent judges of a local convenience2 the whole ,state1 or the inhabitants of the particular district8 a ,this was written in ,new ,york4 ,if the collectiv sense of a ,state is the basis of law1 and that sense can be known officially no where but in an ,assembly of all the people or of their ,representativs2 or in other words1 if there can be no such thing as a collection of sentiments made in any other manner1 than by a ,convention of the whole people or their ,delegates1 where is the right of instructing ,representativs8 ,the sense of the people1 taken in small meetings1 without a general knowlege of the objections1 and reasonings of the whole ,state1 ought not to be considered as the true sense of the ,state2 for not being possessed of the best general information1 the people often form wrong opinions of their own interest4 ,had ,i the journals of the several ,legislatures in ,america1 ,i would prove to every man's satisfaction1 that most of the schemes for paper money1 tender laws1 suspension of laws for the recovery of debts1 and most of the destructiv measures which have been pursued by the ,states1 have originated in towns and counties1 and been carried by positiv instructions from constituents to ,representativs4 ,the freemen1 in these cases1 have wrong ideas of their own interest2 their error1 in the first instance1 is ascribeable merely to ignorance1 or a want of that just information1 which they themselves would obtain in a ,general ,assembly4#cc ,the right therefore of prescribing rules to govern the votes of ,representativs1 which is so often assumed1 frequently amounts to a right of doing infinite mischief1 with the best intentions4 ,there is perhaps no case in which the people at large are so capable of knowing and pursuing their own interest1 as their ,delegates are when assembled for consultation and debate4 ,but the practice of giving binding instructions to ,representativs1 if it has any foundation1 is built on this maxim1 that the constituents1 on a view of their local interests1 and either with none1 or very imperfect information1 are better judges of the propriety of a law1 and of the general good1 than the most judicious men are 7for such generally are the ,representativs7 after attending to the best official information from every quarter1 and after a full discussion of the subject in an ,assembly1 where clashing interests conspire to detect error1 and suggest improvements4 ,this maxim is obviously false2 and a practice built on it1 cannot fail to produce laws1 inaccurate1 contradictory1 capricious and subversive of the first rights of men4 ,perhaps no country1 except ,america1 ever experienced the fatal effects of this practice1 and ,i blush to remark1 what candor itself must avow1 that few arbitrary governments1 have in so short a period1 exhibited so many legal infractions of sacred right2 so many public invasions of private property2 so many wanton abuses of legislativ powers6 ,yet the people are generally honest2 and as well informed as the people of any country4 ,their errors proceed from ignorance2 from false maxims of governments4 ,the people attempt to legislate without the necessary qualifications for lawgivers2 yes1 they legislate at home6 and while this practice subsists1 our public measures will be often weak1 imperfect1 and changeable2 and sometimes extremely iniquitous4 ,from these considerations1 it appears that the powers of a ,representativ should be wholly discretionary when he acts as a ,legislator2 but as an agent for a town or small society1 he may have positiv instructions4 ,his constituents1 in the last case1 are competent to instruct him1 because they are the whole body concerned2 but in the first instance1 they are but a part of the ,state1 and not competent to judge fully of the interest of the whole4 #cc ,an error1 originating in mistake1 is often pursued thro obstinacy and pride2 and sometimes a familiarity with falsehood1 makes it appear like truth4 ,to place the matter in the strongest point of light1 let us suppose a small ,state1 in which the whole body of people meet for the purpose of making laws4 ,suppose in this democracy1 the people of a town or other district should desire a particular act1 for instance1 a tender law4 ,would the inhabitants of this town1 have a right to meet a few weeks before the ,general ,assembly1 where they all would expect to be present1 to debate and vote2 and in this town meeting take an oath1 or otherwise bind themselves to vote for the act8 ,would they have a right to shut their ears against argument2 to lay a restraint upon their own minds2 to exclude the possibility of conviction1 and solemnly swear to vote in a certain manner1 whether right or wrong6 ,if in this case1 the people of a district have no right to lay a restraint upon themselves before they enter the ,general ,assembly1 neither have they a right1 in representativ democracies1 to lay such a restraint upon their ,delegates4 ,the very reason why they are incompetent to direct their ,deputies1 is that they cannot determine how to act themselves1 till they come into the ,assembly4 ,the very doctrine of representation in government excludes the right of giving binding instructions to ,deputies4 ,the design of choosing ,representativs is to collect the wisdom of the ,state2 the ,deputies are to unite their ,councils2 to meet and consult for the public safety3 ,but positiv instructions prevent this effect2 they are dictated by local interests1 or opinions formed on an imperfect view of facts and arguments2 in short they totally counteract the good effects of public deliberations1 and prevent those salutary measures which may result from united ,councils4 ,they make the opinions of a small part of the ,state a rule for the whole2 they imply a decision of a question1 before it is heard2 they reduce a ,representativ to a mere machine1 by restraining the exercise of his reason2 they subvert the very principles of republican government4 ,but let us attend to the inconsistency of the practice4 ,the oath required of a ,representativ1 before he takes his seat1 binds him to vote or act from a regard to the public good1 according to his judgement and the best of his abilities4 ,some of the ,constitutions contain an oath that binds a ,representativ1 not to assent to1 or vote for1 any act that he shall deem injurious to the people4 ,but what opinion1 what judgement can a man exercise1 who is under the restraint of positiv instructions8 ,suppose a man so instructed should in conscience believe that a bill1 if enacted1 would be prejudicial to his constituents1 yet his orders bind him to vote for it2 how would he act between his oath and his instructions8 ,in his oath he has sworn to act according to his judgment1 and for the good of the people2 his instructions forbid him to use his judgment1 and bind him to vote for a law which he is convinced will injure his constituents4 ,he must then either abandon his orders or his oath2 perjury or disobedience is his only alternativ4 ,this is no imaginary situation2 ,i presume that many men have experienced it4 ,one very worthy member of the ,legislature in this ,state#cd a few years since1 was in that very predicament2 and ,i heard him express great anxiety upon the occasion4 #cd ,new ,york4 ,how noble was the conduct of that gentleman in ,sandwich 7,mass47 who1 being chosen to represent the town in the late ,convention1 and instructed to vote against the ,constitution1 at all events2 notwithstanding any thing that might be said in favor of it2 rather than submit to be fettered in this manner1 resigned his appointment4 ,the name of this gentleman1 ,,thomas ,,bourn1 ,esq4 ought to be held in veneration by every true friend to his country1 and his address to the electors on that occasion1 ought to be written in letters of gold4 ,it is recorded in these words3 ,fellow ,townsmen--,the line of conduct which has appeared to me right1 ,i have ever wished to pursue4 ,in the decline of life1 when a few revolving suns at most will bring me to the bar of impartial justice1 ,i am unwilling to adopt a different1 and less honest mode of acting4 ,it is true1 my sentiments at present are not in favor of the ,constitution2 open however to conviction1 they may be very different1 when the subject is fairly discussed by able and upright men4 ,to place myself in a situation1 where conviction could be followed only by a bigotted persistence in error1 would be extremely disagreeable to me4 ,under the restrictions with which your ,delegates are fettered1 the greatest ideot may answer your purpose as well as the greatest man4 ,the suffrages of our fellow men1 when they neither repose confidence in our integrity1 nor pay a tribute of respect to our abilities1 can never be agreeable4 ,i am therefore induced positivly to decline accepting a seat in ,convention1 whilst ,i sincerely wish you1 gentlemen1 and my countrymen1 every blessing which a wise and virtuous administration of a free government can secure4 ,such a bold and honest independence of mind are the marks of a good ,legislator4 ,with such men as ,mr4 ,bourn1 in the legislativ department1 our lives1 liberties and properties are safe4 ,such a genius1 rising amidst the obscurity of errors and false maxims1 like a star emerging from chaos1 spreads the rays of truth and illuminates the surrounding hemisphere4 ,considering the circumstances in which this gentleman was then placed1 ,i had rather be the author of that short address1 than of all the labored dissertations which have been written upon the proposed constitution4 ,another error1 which is connected with the practice of instructing ,representativs1 and may perhaps be one cause of it1 is the opinion that a ,deputy chosen by a certain number of freemen1 is their ,representativ only or particularly3 ,it seems to be believed that a ,representativ is bound to attend to the particular interest of the men who elect him1 rather than to the general interest4 ,if this were true1 it would obviate1 in some measure1 the objections against instructions4 ,but with respect to every general act1 the opinion is clearly false4 ,the reason why men are chosen by small societies of freemen1 and not by the whole body1 is1 that the whole body cannot be well acquainted with the most able men in the different parts of the ,state4 ,it is the best expedient to correct the defects of government1 or rather1 it is the best practicable mode of election4 ,to render the mode perfect1 the whole body of freemen should be at liberty to choose their ,delegates from the whole body4 ,this would destroy1 in a great measure1 the local views and attachments which now embarrass government2 every ,representativ would be chosen by the whole body2 and the interest of the whole number of constituents would be his object4 ,this mode is either impracticable or hazardous2 notwithstanding this1 when a ,delegate is elected by a part of the ,state1 he is really the ,representativ of the whole1 as much as if he were elected by the whole4 ,the constituents of every ,representativ are not solely those who voted for him1 but the whole ,state1 and the man that acts from a local interest1 and attends merely to the wishes of those men who elected him1 violates his oath1 and abuses his trust4 ,hence the absurdity of instructions1 which are generally dictated by a partial interest1 and can perhaps in no case be the sole rule of a ,legislator's conduct4 ,when therefore a ,representativ says1 such is the wish of my constituents2 such are their directions2 his declaration is but partially true2 for his instructions are the wishes of a part only of his constituents4 ,his constituents1 whom he actually represents1 and whose greatest interest is the sole rule of his conduct1 are the whole body of freemen4 ,this is an important truth1 and ,i must repeat it2 the man who is deputed to make laws for a ,state1 and suffers a local interest to influence his conduct1 abuses a sacred trust2 and the ,representativ who obeys his instructions1 in opposition to the conviction of his own mind1 arising from a general view of public good1 is guilty of a species of perjury4 ,such are the opinions1 which after long deliberation1 ,i have formed respecting the principles of a republican government4 ,i feel a diffidence in publishing sentiments so repugnant to the principles received by my countrymen and recognized by some of the ,state ,constitutions4 ,but a strong persuasion of the truth of these opinions1 acquired by reasoning1 and confirmed by several years observations1 forbids me to suppress them4 ,a summary of the truths1 deduced from the foregoing reasoning1 is this3 ,that the power of a ,state is at all times equal2 that neither the people themselves1 nor a ,convention of their ,delegates1 have either the power or the right to make an unalterable ,constitution2 that the power of creating a legislativ body1 or the sovereign right of election1 is solely in the people2 but the sovereign power of making laws is solely in an ,assembly of their ,representativs2 that the people have no right to give binding instructions to their ,representativs2 consequently a distinction between a ,convention and a ,legislature1 can be merely a difference of forms2 that ,representativs have no right to prolong the period of their delegation2 that being taken from the mass of the people1 and having a common interest with them1 they will be influenced1 even by private interest1 to promote the public good2 and that such a government1 which is a novelty on earth1 is perhaps the best that can be framed1 and the only form which will always have for its object1 the general good4 ,no4 ,,vii4 ,,philadelphia1 #aghg4 ,,remarks on the ,,manners1 ,,government1 and ,,debt of the ,,united ,,states4 ,since the declaration and establishment of a general peace1 and since this country has had an opportunity to experience the effects of her independence1 events have taken place1 which were little expected by the friends of the revolution4 ,it was expected1 that on the ratification of peace1 by the belligerent powers1 ,america would enjoy perfect political tranquillity4 ,the statesman in his closet1 and the divine in his addresses to heaven1 predicted and anticipated the happy period1 when every man would rest1 unmolested1 under his own vine and his own fig tree4 ,the merchant foresaw1 in vision1 the ports of all nations open to his ships1 and the returns of a favorable commerce pouring wealth into his coffers4 ,the honest laborer1 in the shop and the field1 was told that independence and peace would forever remove the fears of oppression1 would lighten his burthen1 and give him legal security for the uninterrupted possession of his rights4 ,this flattering prospect inspired an irresistible enthusiasm in war4 ,the contention for freedom was long and arduous2 the prize was obtained2 the delusion vanished1 and ,america is surprized at the disappointment4 ,instead of general tranquillity1 one ,state has been involved in a civil war1 and most of them are torn with factions1 which weaken or destroy the energy of government4 ,instead of a free commerce with all the world1 our trade is every where fettered with restraints and impositions1 dictated by foreign interest2 and instead of pouring wealth into our country1 its present tendency is1 to impoverish both the merchant and the public4 ,instead of legal security of rights under governments of our own choice1 and under our own control1 we find property at least unsafe1 even in our best toned government4 ,our charters may be wrested from us without a fault1 our contracts may be changed or set aside without our consent1 by the breath of a popular ,legislature4 ,instead of a dimunition of taxes1 our public charges are multiplied2 and to the weight of accumulating debts1 we are perpetually making accessions by expensiv follies4 ,instead of a union of ,states and measures1 essential to the welfare of a great nation1 each ,state is jealous of its neighbor1 and struggling for the superiority in wealth and importance1 at the hazard even of our federal existence4 ,this is the dark side of our public affairs2 but such are the facts4 ,the public and private embarrassments1 which are both seen and felt1 are the topics of incessant declamation4 ,the rhapsodies of orators1 and the publications in gazettes1 from the northern to the southern extremity of the ,united ,states1 concur in deprecating the present state of this country1 and communicate the intelligence of our distresses to the whole civilized world4 ,nor are newspapers the only heralds of our calamities4 ,the contempt of government among one class of men1 the silent murmurs of poverty in the peaceful cottage1 and numerous bankrupts in every quarter1 are irresistible evidence to a thinking mind1 that something is wrong4 ,but declamation is idle1 and murmurs fruitless4 ,time has been when the minds of people were alarmed at the approaches of despotism3 ,then harangues roused attention2 then mobs raised the temple of freedom1 and declared themselves ready to be sacrificed upon her altar4 ,but violent passions in the public as well as in the human body1 are always transitory4 ,that enthusiasm which was called public spirit1 heroic virtue1 and love of country1 has long ago subsided1 and is absorbed in the general steady principle1 private interest4 ,that enthusiasm is not to be rekindled4 ,the expostulations of our rulers and patriotic writers1 have no more effect in reviving public spirit1 than the attraction of a meteor in raising a tide4 ,men1 who embraced revolution principles1 because independence might save a few shillings in taxes1 or extend the imaginary sphere of freedom2 who expected that peace would place them in a paradise of blessings1 where they might riot without the fatigue of exertion2 such men had narrow views of the consequence of detaching ,america from a transatlantic jurisdiction4 ,they viewed but a small part of the great event3 ,they are1 they ought to be disappointed4 ,such men expect effects without causes1 and are ready to despond1 or commence enemies to a glorious event1 because miracles are not wrought to verify their ill founded predictions4 ,in this view1 this insect view of things1 the revolution ought to be considered as extremely unfortunate2 for to the present generation1 it must certainly prove so4 ,but on the general scale of human happiness1 every man of reflection must rejoice at the illustrious event4 ,even the propriety of the independence of these ,states1 is so obviously dictated by their local situation1 that a generous ,european ought to have consented to the measure on this single principle4 ,but taking into consideration the vast field which is here opened for improvements in science1 in government1 in religion1 and in morals2 the philosopher will felicitate himself with the prospect of discoveries favorable to arts and happiness2 the statesman will rejoice that there is a retreat from the vassalage of ,europe2 the divine will bless ,god that a place has been reserved for an uncorrupted church2 and the philanthropist1 who compares the yeomanry of ,america with the peasantry of ,europe1 will congratulate himself on an event which has removed millions of people from the ambition of princes1 and from a participation of the vices1 which mark the decline of nations4 ,the revolution of ,america1 whatever may be the present effects1 must1 on the universal scale of policy1 prove fortunate1 not only for the parties1 but for mankind in general4 ,the period1 however1 when this country will realize the happy consequences of her separation1 must be remote2 probably beyond the lives of the present generation4 ,it is worth our curiosity to inquire into the causes of our present political evils2 not the more obvious causes1 which every man sees and laments1 but those radical causes which lie hid from common observation2 whose operations are imperceptible1 but whose effects are visible1 even to a vulgar eye4 ,a fundamental mistake of the ,americans has been1 that they considered the revolution as completed1 when it was but just begun4 ,having raised the pillars of the building1 they ceased to exert themselves1 and seemed to forget that the whole superstructure was then to be erected4 ,this country is independent in government2 but totally dependent in manners1 which are the basis of government4 ,men seem not to attend to the difference between ,europe and ,america1 in point of age and improvement2 and are disposed to rush1 with heedless emulation1 into an imitation of manners1 for which we are not prepared4 ,every person tolerably well versed in history1 knows that nations are often compared to individuals and to vegetables1 in their progress from their origin to maturity and decay4 ,the resemblance is striking and just4 ,this progress is as certain in nations as in vegetables2 it is as obvious1 and its causes more easily understood2 in proportion as the secret springs of action in government are more easily explained1 than the mechanical principles of vegetation4 ,this progress therefore being assumed as a conceded fact1 suggests a forcible argument against the introduction of ,european manners into ,america4 ,the business of men in society is1 first1 to secure their persons and estates by arms and wholesome laws2 then to procure the conveniences of life by arts and labor2 but it is in the last stages only of national improvement1 when luxury and amusements become public benefits1 by dissipating accumulations of wealth1 and furnishing employment and food for the poor4 ,and luxury then is not beneficial1 except when the wealth of a nation is wasted within itself4 ,it is perhaps always true1 that an old civilized nation cannot1 with propriety1 be the model for an infant nation1 either in morals1 in manners or fashions1 in literature or in government4 ,the present ambition of ,americans is1 to introduce as fast as possible1 the fashionable amusements of the ,european courts4 ,considering the former dependence of ,america on ,england1 her descent1 her connexion and present intercourse1 this ambition cannot surprise us4 ,but it must check this ambition to reflect on the consequences4 ,it will not be denied1 that there are vices predominant in the most polite cities in ,europe1 which are not only unknown1 but are seldom mentioned in ,america2 and vices that are infamous beyond conception4 ,i presume it will not be denied that there must be an amazing depravation of mind in a nation1 where a farce is a publication of more consequence than ,milton's ,poem2 and where an opera dancer1 or an ,italian singer1 receives a salary equal to that of an ,ambassador4 ,the facts being known and acknowleged1 ,i presume the consequence will not be denied4 ,not that this charge is good against every individual2 even in the worst times1 there will be found many exceptions to the general character of a nation4 ,if these vices and the depravation of mind do actually exist1 it is a proof of a gradual corruption2 for there was a time when they did not exist4 ,there was a time when decency was a virtue1 even at ,venice4 ,the progress is also slow1 unless hastened by some external circumstances4 ,it was more than two thousand years from the building of ,rome to the pontificate of ,alexander the ,v,ith whose naked revelings filled the measure of public vice1 and strike the human mind with horror4 ,a constant increase of wealth is ever followed by a multiplication of vices3 ,this seems to be the destiny of human affairs2 wisdom1 therefore1 directs us to retard1 if possible1 and not to accelerate the progress of corruption4 ,but an introduction of the fashionable diversions of ,europe into ,america1 is an acceleration of the growth of vices which are yet in their infancy1 and an introduction of new ones too infamous to be mentioned4 ,a dancing school among the ,tuscaroras1 is not a greater absurdity than a masquerade in ,america4 ,a theater1 under the best regulations1 is not essential to our public and private happiness4 ,it may afford entertainment to individuals2 but it is at the expense of private taste and public morals4 ,the great misfortune of all exhibitions of this kind is this2 that they reduce all taste to a level4 ,not only the vices of all classes of people are brought into view1 but of all ages and nations4 ,the intrigues of a nobleman1 and the scurrility of shoe blacks1 are presented to the view of both sexes1 of all ages2 the vices of the age of ,elizabeth and of ,charles ,i,id are recorded by the masterly pens of a ,shakespeare and a ,congreve1 and by repeated representation1 they are hung on high1 as the poet expresses it1 to poison half mankind4 ,the fact is1 that all characters must be presented upon a theater1 because all characters are spectators2 and a nobleman and a sailor1 a dutchess and a washer woman1 that attend constantly on the exhibitions of vice1 become equally depraved2 their tastes will be nearly alike as to vice2 the one is as prepared for a crime as the other4 ,it is for this reason1 that many of the amusements of nations more depraved than ourselves1 are highly pernicious in this country4 ,they carry us forward by hasty strides1 to the last stages of corruption2 a period that every benevolent man will deprecate and endeavor to retard4 ,this circumstance1 the difference in the stages of our political existence1 should make us shun the vices which may be politic and even necessary in older states2 and endeavor to preserve our manners by being our own standards4 ,by attaching ourselves to foreign manners1 we counteract the good effects of the revolution1 or rather render them incomplete4 ,a revolution in the form of government1 is but a revolution in name2 unless attended with a change of principles and manners1 which are the springs of government4 ,this leads me to treat more particularly of the influence of fashions on the interests of these ,states2 an article in which the ladies are deeply interested4 ,fashion in itself is a matter of indifference1 as affecting neither morals nor politeness4 ,it is of no consequence whether a lady is clad with a gown or a frock2 or whether a gentleman appears in public with a cap or a wig4 ,but there may be times and situations in which the most trifling things become important4 ,the practice of imitating foreign modes of dress1 cannot cost ,america less than #ajj1jjjl4 a year4 ,i speak not of the necessary articles of dress2 but merely of changes of fashions4 ,to understand this fact1 it is necessary to advert to the different circumstances of this country1 and of the ,european kingdoms1 which we take as our models4 ,two circumstances distinguish most of the commercial countries of ,europe from ,america2 a feudal division of real property1 and manufactures4 ,where vast estates are hereditary and unalienable1 a great part of the people are dependent on the rich1 and if the rich do not employ them1 they must starve4 ,thus in ,england and ,france1 a great landholder possesses a hundred times the property that is necessary for the subsistence of a family2 and each landlord has perhaps a hundred families dependent on him for subsistence4 ,on this statement1 if the landlord should live penuriously1 and supply his own family only with necessaries1 all his dependents must starve4 ,in order to subsist the ninety nine families1 he must create wants1 which their employment must supply2 for the natural wants of a few rich people will not furnish employment for great multitudes of poor4 ,hence the good policy1 the necessity of luxury in most ,european kingdoms4 ,hence originate all the changes and varieties of fashion4 ,a gentleman or lady in ,london must not appear in public twice in the same suit4 ,this is a regulation of custom1 but it is highly political2 for were the nobility and rich gentry to wear out all their clothes1 one half the people must be beggars4 ,the fashions of ,england and ,france are not merely matter of fancy3 ,fancy may dictate new and odd figures in dress2 but the general design of frequent and continual changes of fashion1 is wise systematic policy1 at the courts of ,london and ,paris4 ,but let us see with how little discretion and policy we adopt foreign luxuries4 ,america is a young country1 with small inequalities of property1 and without manufactures4 ,few people are here dependent on the rich1 for every man has an opportunity of becoming rich himself4 ,consequently few people are supported by the luxuries of the wealthy2 and even these few are mostly foreigners4 ,but we have no body of manufacturers to support by dissipation4 ,all our superfluities are imported1 and the consumption of them in this country enriches the merchants and supports the poor of ,europe4 ,we are generous indeed6 generous to a fault4 ,this is the pernicious1 the fatal effect of our dependence on foreign nations for our manners4 ,we labor day and night1 we sacrifice our peace and reputation1 we defraud our public creditors1 involve ourselves in debts1 impoverish our country3 ,nay1 many are willing to become bankrupts and take lodgings in a prison1 for the sake of being as foolish as those nations which subsist their poor and grow rich and respectable by their follies4 ,no objection can be made to rich and elegant dresses among people of affluent circumstances4 ,but perhaps we may safely calculate that one third of the expenses incurred by dress in this country1 add nothing either to convenience or elegance4 ,a new dress is invented in ,london or ,paris1 not for the sake of superior elegance1 because it frequently happens that a new dress is less rich and elegant than an old one2 but for the sake of giving food to manufacturers4 ,that new fashion is sent across the ,atlantic2 let it be ever so troublesome and uncouth1 we admire its novelty2 we adopt it because it is fashionable2 and merely for a change1 that may be made in half an hour by a tailor or a milliner1 #bj1 #cj1 or #ej1jjj pounds are drawn from the capital stocks of property in ,america1 to enrich nations which command our commerce and smile at our folly4 ,but it is not only the wealth of this country that is sacrificed by our servile imitation of other nations2 our complaisance often requires us to dispense with good taste4 ,it will probably be admitted that amidst the infinite variety of dresses which are fashionable1 during a course of ten or fifteen years1 some of them must be more convenient and elegant than others4 ,true taste in dress consists in setting off the person to the best advantage4 ,that dress which unites the articles of convenience1 simplicity and neatness1 in the greatest perfection1 must be considered as the most elegant4 ,but true taste goes farther2 it has reference to age1 to shape1 to complexion1 and to the season of the year4 ,the same dress which adorns a miss of fifteen1 will be frightful on a venerable lady of seventy4 ,the same dress will embellish one lady and disfigure another4 ,but the passive disposition of ,americans in receiving every mode that is offered them1 sometimes reduces all ages1 shapes and complexions to a level4 ,i will not undertake to say that people ought not1 in the article of dress1 to sacrifice taste to national interest4 ,a sacrifice of that kind1 in a manufacturing country1 may be laudable2 it will at least be pardonable4 ,but in a reverse of situation1 in ,america1 where a waste of property and a group of political evils accompany a bad taste1 the sacrifice admits of no apology4 ,it is not unfrequent to hear ladies complain severely of the inconvenience of fashion4 ,their good sense disapproves and their taste revolts at incumbrances4 ,and yet where is the lady who would not sooner submit to any fatigue1 rather than be ridiculous4 ,i speak of ladies particularly2 in point of expense1 the gentlemens' dresses are exceptionable as well as the ladies2 in point of convenience1 the ladies are the greatest sufferers by fashion1 as their dress admits of the greatest variety of incumbrances4 ,perhaps the trouble of conforming entirely to the fashions of ,europe is as great a tax upon the ladies1 as the expense is to their husbands and parents4 ,one society of people1 the ,friends1 are happily released from the tyranny and inconveniencies of fashion4 ,however disagreeable the restraints of their religion may appear in other respects1 it must be acknowledged that1 in point of dress1 the rules of their society conform to purity of taste4 ,perhaps we may safely estimate1 that the ladies of that society dress with two thirds of the expense which other ladies incur1 even when the articles of their dress are equally rich and expensiv2 the difference is saved by neglecting superfluous finery4 ,and are not their taste in dress1 their simplicity and neatness1 universally admired8 ,does it not set off their persons to the best advantage8 ,do not gentlemen almost universally give the preference to the taste of ,quaker ladies8 ,nay1 ,i would ask1 whether other ladies themselves1 under a strong bias in favor of a tawdry dress1 are not frequently lavishing encomiums on the superior elegance and convenience of the ,friends' dresses8 ,and how often do they sigh beneath the trouble of their own dress1 and wish that particular articles would go out of fashion4 ,if there is any thing on earth1 which can make a rational mind disgusted with society1 it is that cruel necessity1 which obliges a person to sacrifice both his interest and his taste1 or run the hazard of being laughed at for his singularity4 ,in some ,asiatic countries1 people never change their modes of dress4 ,this uniformity1 which continues for ages1 proceeds from the same principles as the monthly changes in ,england and ,france2 both proceed from necessity and policy4 ,both arise from good causes which operate in the several governments2 that is1 the manners of each government are subservient to its particular interest4 ,the reverse is true of this country4 ,our manners are wholly subservient to the interest of foreign nations4 ,where do we find1 in dress or equipage1 the least reference to the circumstances of this country6 ,is it not the sole ambition of the ,americans to be just like other nations1 without the means of supporting the resemblance8 ,we ought not to harbor any spleen or prejudice against foreign kingdoms4 ,this would be illiberal4 ,they are wise1 they are respectable4 ,we should despise the man that piques himself on his own country1 and treats all others with indiscriminate contempt4 ,i wish to see much less jealousy and ill nature subsisting between the ,americans and ,english4 ,but in avoiding party spirit and resentment on the one hand1 we should be very careful of servility on the other4 ,there is a manly pride in true independence1 which is equally remote from insolence and meanness2 a pride that is characteristic of great minds4 ,have ,americans discovered this pride since the declaration of peace8 ,we boast of independence1 and with propriety4 ,but will not the same men1 who glory in this great event1 even in the midst of a gasconade1 turn to a foreigner and ask him1 what is the latest fashion in ,europe6 ,he has worn an elegant suit of clothes for six weeks2 he might wear it a few weeks longer1 but it has not so many buttons as the last suit of my lord ----3 ,he throws it aside1 and gets one that has4 ,the suit costs him a sum of money2 but it keeps him in the fashion1 and feeds the poor of ,great ,britain or ,france4 ,it is a singular phenomenon1 and to posterity it will appear incredible1 that a nation of heroes1 who have conquered armies1 and raised an empire1 should not have the spirit to say--we will wear our clothes as we please4 ,let it not be thought that this is a trifling subject2 a matter of no consequence4 ,mankind are governed by opinion2 and while we flatter ourselves that we enjoy independence1 because no foreign power can impose laws upon us1 we are groaning beneath the tyranny of opinion2 a tyranny more severe than the laws of monarchs2 a dominion voluntary indeed1 but for that reason1 more effectual2 an authority of manners which commands our services1 and sweeps away the fruits of our labor4 ,i repeat the sentiment with which ,i began2 the revolution of ,america is yet incomplete4 ,we are now in a situation to answer all the purposes of the ,european nations2 independent in government1 and dependent in manners4 ,they give us their fashions1 they direct our taste to make a market for their commodities2 they engross the profits of our industry1 without the hazard of defending us1 or the expense of supporting our civil government4 ,a situation more favorable to their interest1 or more repugnant to our own1 they could not have chosen for us1 nor we embraced4 ,if such is the state of facts1 and if the influence of foreign manners does actually defeat the purposes of the revolution2 if our implicit submission to the prevailing taste of ,european courts1 involves individuals and the public in unnecessary expenses1 it is in the power of a few influential characters in each of our commercial cities to remedy the whole evil4 ,and in a reformation of this kind1 the ladies would have no inconsiderable share4 ,it is really a matter of astonishment1 that the pride of the ,americans has so long submitted tamely to a foreign yoke4 ,aside of all regard to interest1 we should expect that the idea of being a nation of apes would mortify minds accustomed to freedom of thought1 and would prompt them to spurn their chains4 ,have the ladies in ,america no ingenuity1 no taste8 ,do they not understand what dresses are most convenient and elegant8 ,what modes are best adapted to the climate1 or other circumstances of this country8 ,they most certainly do4 ,foreigners acknowlege that the nativ beauty and understanding of the ,american ladies are not excelled in any country1 and equalled in very few4 ,and one would imagin that the modes of embellishing so many personal charms ought not1 in all cases1 to be prescribed by the milliners and manteau makers on the other side of the ,atlantic4 ,a noble pride should forbid that ladies of birth and breeding should be wholly indebted to the taste of others1 for the decorations of their beauty4 ,when the gentlemen in ,america shall exercise spirit enough to be their own judges of taste in dress3 ,when they have wisdom to consult the circumstances of this country1 and fortitude enough to retain a fashion as long as their own interest requires1 instead of changing it when other nations direct3 ,when the ladies shall exercise the rights of their sex1 and say1 we will give the laws of fashion to our own nation1 instead of receiving them from another1 we will perform our part of the revolution3 ,when both sexes shall take more pride and pleasure in being their own standards1 than in being the humble imitators of those who riot on the profits of our commerce2 we shall realize a new species of independence2 an independence flattering to generous minds1 and more productive of wealth than all the laws of power1 or the little arts of national policy4 ,and in this revolution of manners1 there needs not any sacrifice of real dress4 ,i will venture to estimate1 that the retrenching of superfluous articles2 articles which constitute no part of dress1 and serve but to disfigure an elegant person2 articles that are made and sent to us to support the sixpenny day laborers of ,europe2 ,i say1 a retrenching of these trifling articles only1 would be an annual saving to ,america sufficient to pay one half of the interest of our federal debt4 ,we can throw no blame on foreign nations2 they are wise1 and profit by our want of spirit and taste4 ,on the footing that all mankind are brethren1 perhaps it is generous in us to assist foreigners1 who are a part of the ,great ,family4 ,it is to be wished1 however1 that we might first discharge our honest debts3 ,that the soldier1 whose labor and blood have purchased our empire1 and whose services have been repaid with a shadow of reward1 might be indemnified by the justice of his country3 ,that the widow and orphan might at least receive the stipulated satisfaction for losses which money cannot repair4 ,yes1 let us first be just1 and then generous4 ,when we have no better use for our superfluous property1 then let us bestow it upon our wretched brethren of the human race4 ,they will repay our charity with gratitude1 and bless ,god that he has peopled one half the world with a race of freemen1 to enrich the tyrants1 and support the vassals of the other4 ,in another particular1 our dependence on nations farther advanced in society than ourselves1 has a very unhappy effect4 ,i assume it as a fact1 conceded by all philosophers and historians1 that there has been1 in every civilized nation1 a particular period of time1 peculiarly favorable to literary researches2 and that in this period1 language and taste arrive to purity2 the best authors flourish1 and genius is exerted to benefit mankind4 ,this period in ,greece was the age of ,themistocles1 immediately after the invasion of ,xerxes4 ,in ,rome1 it was the reign of ,augustus ,csar1 when a revolution had left the empire in a state of tranquillity4 ,in ,france1 the reign of ,louis the ,x,i,vth was distinguished for the number and eminence of its authors1 and the correctness of taste4 ,the corresponding period of taste in ,england1 commenced about the middle of the sixteenth century1 and ended with the reign of ,george the ,i,id4 ,scotland was later in improvement2 but perhaps has now seen its meridian splendor4 ,there seems to be a certain point of improvement beyond which every step in refinement is corruption2 moral sentiment is postponed to wit1 and sense is sacrificed to sound4 ,this has been the case in all nations1 and is now true of ,england4 ,the candid among the nation acknowlege and lament the decline of true taste and science4 ,very few valuable writings appear in the present age2 plays1 novels1 farces1 and compilations fill the catalogue of new publications2 and the library of a man of fashion consists of ,chesterfield's ,letters1 ,tristram ,shandy1 and a few comedies4 ,a gentleman in high office in ,london1 in a letter to an eminent literary character in ,america1 which ,i had the honor to read1 informs1 that so low is the taste of the nation1 that were ,milton's ,poem to be now first published1 it would not find purchasers3 ,music and painting are the only arts that have royal encouragement4 ,he says further1 that there is a national combination to oppose the fame of every ,american art1 production and character4 ,i would hope that this account is an exaggeration of the truth2 but we have the best testimony to convince us that every thing is sacrificed to amusement and pleasure4 ,we ought not therefore to form our taste after such models3 ,in order to write1 think and act with propriety1 we should go back half a century1 to the style and morality of ,addison and his cotemporaries2 there we may find the most perfect models4 ,by making the present taste of ,europe our standards1 we not only debase our own1 but we check the attempts of genius in this country4 ,eminence is sometimes apt to impose errors upon people1 whose respect for the character may silence all scruple1 and prevent them from examining into the grounds of his opinion4 ,such is the implicit confidence reposed in the opinions of certain celebrated writers1 that when an ,american ventures to call in question a received principle or opinion of theirs1 his countrymen charge him with arrogance1 and exclaim1 how should this man be as good a judge of the subject as a foreigner6 ,such false notions of the perfection of particular character1 fetter the mind1 and in concert with credulity and idleness1 prepare it for the reception of any errors1 however enormous4 ,this same veneration for eminent foreigners1 and the bewitching charms of fashion1 have led the ,americans to adopt the modern corruptions of our language4 ,very seldom have men examined the structure of the language1 to find reasons for their practice4 ,the pronunciation and use of words have been subject to the same arbitrary or accidental changes1 as the shape of their garments4 ,my lord wears a hat of a certain size and shape2 he pronounces a word in a certain manner2 and both must be right1 for he is a fashionable man4 ,in ,europe this is right in dress2 and men who have not an opportunity of learning the just rules of our language1 are in some degree excuseable for imitating those whom they consider as superiors4 ,but in men of science1 this imitation can hardly be excused4 ,our language was spoken in purity about eighty years ago2 since which time1 great numbers of faults have crept into practice about the theater and court of ,london4 ,an affected erroneous pronunciation has in many instances taken place of the true2 and new words or modes of speech have succeeded the ancient correct ,english phrases4 ,thus we have1 in the modern ,english pronunciation1 their natshures1 conjunctshures1 constitshutions1 and tshumultshuous legislatshures2 and a long catalogue of fashionable improprieties4 ,these are a direct violation of the rules of analogy and harmony2 they offend the ear1 and embarrass the language4 ,time was1 when these errors were unknown2 they were little known in ,america before the revolution4 ,i presume we may safely say1 that our language has suffered more injurious changes in ,america1 since the ,british army landed on our shores1 than it had suffered before1 in the period of three centuries4 ,the bucks and bloods tell us that there is no proper standard in language2 that it is all arbitrary4 ,the assertion1 however1 serves but to show their ignorance4 ,there are1 in the language itself1 decisive reasons for preferring one pronunciation to another2 and men of science should be acquainted with these reasons4 ,but if there were none1 and every thing rested on practice1 we should never change a general practice without substantial reasons3 ,no change should be introduced1 which is not an obvious improvement4 ,but our leading characters seem to pay no regard to rules1 or their former practice4 ,to know and embrace every change made in ,great ,britain1 whether right or wrong1 is the extent of their inquiries1 and the height of their ambition4 ,it is to this deference we may ascribe the long catalogue of errors in pronunciation and of false idioms which disfigure the language of our mighty fine speakers4 ,and should this imitation continue1 we shall be hurried down the stream of corruption1 with older nations1 and our language1 with theirs1 be lost in an ocean of perpetual changes4 ,the only hope we can entertain is1 that ,america1 driven by the shock of a revolution1 from the rapidity of the current1 may glide along near the margin with a gentler stream1 and sometimes be wafted back by an eddy4 ,the foregoing remarks suggest some of the causes which operate to defeat the true end of the revolution4 ,every man sees and feels our political embarrassments2 the foes of the revolution ascribe them all to that event1 and the friends charge them upon the enmity and resentment of our parent country4 ,both are wrong4 ,the revolution is1 and will ultimately prove1 a happy event for us and for the world4 ,the ,english1 as a nation1 are wise and respectable3 ,as citizens of the world1 we should esteem them3 ,as a commercial people1 we should cultivate a friendly intercourse with them2 but as a foreign nation1 whose political circumstances are very different from ours1 we should not make them1 in all cases1 our standard4 ,i repeat the declaration ,i before made3 ,the independence of this country is incomplete3 ,there has been a total change in government1 with little or no change in the principles which give energy to the operations of government4 ,in the preceding remarks1 ,i have endeavored to shew in what respect the revolution of ,america is yet incomplete1 and that an independence of manners and opinion is necessary to give full effect to an independence of government4 ,i propose now to make some remarks on government1 to state the effects of the revolution on the morals of people1 and the influence of money on mens' sense of justice and moral obligation4 ,it is perhaps a fundamental principle of government1 that men are influenced more by habit1 than by any abstract ideas of right and wrong4 ,few people examin into the propriety of particular usages or laws2 or if they examin1 few indeed are capable of comprehending their propriety4 ,but every man knows what is a law or general practice1 and he conforms to it1 not because it is right or best1 but because it has been the practice4 ,it is for this reason that habits of obedience should not be disturbed4 ,there are perhaps in every government1 some laws and customs1 which1 when examined on theoretical principles1 will be found unjust and even impolitic4 ,but if the people acquiesce in those laws and customs1 if they are attached to them by habit1 it is wrong in the ,legislature to attempt an innovation which shall alarm their apprehensions4 ,there are multitudes of absurdities practised in society1 in which people are evidently happy4 ,arraign those absurdities before the tribunal of examination2 people may be convinced of their impropriety2 they may even be convinced that better schemes may be projected2 and yet it might be impossible to unite their opinions so as to establish different maxims4 ,on the other hand1 there are many good institutions1 in which1 however1 there may be theoretical faults1 which1 if called into public view1 and artfully represented1 might shake the best government on earth4 ,speculativ philosophers and historians have often described1 and sometimes ridiculed the warmth with which nations have defended errors in religion and government4 ,with the most profound deference for wise and respectable men1 ,i must think they are guilty of a mistake2 and that the errors which nations fight to defend1 exist only in the heads of these theorists4 ,whatever speculation may tell us1 experience and the peace of society1 require us to consider every thing as right1 which a nation believes to be so4 ,every institution1 every custom1 may be deemed just and proper1 which does not produce inconveniencies that the bulk of mankind may see and feel4 ,the tranquillity of society therefore should never be disturbed for a philosophical distinction4 ,it will perhaps be objected1 that these doctrines1 if practised1 would prevent all improvements1 in science1 religion and government4 ,by no means2 but they point out the method in which all improvements should be made1 when opinion and fixed habits are to be overthrown1 or changed4 ,they show that all reformation should be left to the natural progress of society1 or to the conviction of the mind4 ,they show the hazard and impracticability of making changes1 before the minds of the body of the people are prepared for the innovation4 ,i speak not of despotic governments1 where the will of the prince is enforced by an army2 and yet even absolute tyrants have been assassinated for not attending to the spirit and habits of their subjects4 ,in vain do rulers oppose the general opinion of the people4 ,by such opposition1 ,philip ,i,id1 of ,spain1 kept one part of his subjects1 for half a century1 butchering the other1 and in the end1 lost one third of his dominions4 ,by not regarding the change of habits in the nation1 ,charles ,ist1 of ,england1 lost his head4 ,by carrying his changes too far1 ,cromwell began to oppose the spirit of the nation1 and had he lived to prosecute his system1 that spirit would1 in a few years1 have brought his neck to the block4 ,the general spirit of the nation restored to the throne1 the son of the prince1 whom that spirit had but a few years before arraigned and condemned4 ,by opposing that spirit1 ,james was obliged to leave his kingdom1 and the sense of the nation still excludes the family which1 by their own law of succession1 has the best title to the throne4 ,but there is no prescription against general opinion2 no right that can enter the list against the sense of a nation2 that sense1 which after all our reasoning1 will forever determin what is best4 ,the truth of these remarks is proved by examples in this country4 ,an immense revenue might have been drawn from ,america without resistance1 in almost any method but that which the ,british parliament adopted4 ,but their first attempts were made upon articles of common necessity2 the attempts were too visible2 the people felt and resisted4 ,their apprehensions were alarmed2 their fears1 whether well founded or imaginary1 were multiplied and confirmed by newspaper rhapsodies1 and finally produced a combined opposition to all ,british taxation4 ,then ,great ,britain should have compounded2 she did not2 she opposed the general sense of three millions of her subjects1 and lost the whole4 ,a dispute existed between ,connecticut and ,pensylvania1 respecting a tract of land2 a federal court decided the jurisdiction1 or ,state claim1 in favor of ,pensylvania2 five thousand inhabitants1 seated on the lands1 acknowlege the jurisdiction1 but contend that their original purchase1 and subsequent labor1 entitle them to the lands4 ,notwithstanding the invalidity of their ,state claim1 the settlers determin to maintain their lands4 ,the question of right is at once suspended1 and the only inquiry is1 which is the best policy1 to indemnify a few individuals by a pecuniary composition1 or sacrifice five thousand subjects4 ,this question1 left to the commonwealth1 would be decided by a great majority1 in favor of the settlers1 and against the very principles of right on which the ,state holds the jurisdiction4 ,i am not competent to judge of the merits of the dispute between ,new ,york and ,vermont2 but if the usurpation of ,vermont were a conceded fact1 and that usurpation to be defended by arms1 and the question of granting them independence were left to the ,state of ,new ,york1 ,i am confident that nine tenths of the people would decide for the independence of ,vermont against their own rights4 ,thus it often happens1 that a general opinion1 grounded on rational expediency1 will1 and ought to decide political questions1 contrary to the strict principles of justice and equity4 ,i would1 by no means1 be understood to defend1 by such doctrines1 the insurrections of a neighboring ,state4 ,i reprobate every thing that wears the least appearance of opposition to lawful authority4 ,it is evident however1 that the ,legislature of ,massachusetts were too inattentive to the general spirit of the ,state4 ,the murmurs of the people were heard long before they broke out into rebellion1 and were treated with too much neglect4 ,they were a proof at least that something was wrong4 ,this the ,legislature acknowleged in their late acts1 and the complaints of the populace might once have been silenced by such conciliatory measures4 ,but an opposition so violent must suddenly cease1 or acquire system4 ,in the latter case1 the demands of the insurgents will rise in proportion to their strength2 they will ask unreasonable concessions1 and the sword must decide their claims4 ,the insurgents took wrong steps to obtain redress2 they should have rested their agrievances on petitions1 and the event of an election2 but one rash step leads to a second1 and to a third4 ,these fatal effects of popular discontent afford one useful lesson1 that rulers should not attempt to carry a measure against the general voice of a people4#ce ,but a question will arise1 how far may the people be opposed1 when their schemes are evidently pernicious8 ,i answer1 this can never happen thro design2 and errors1 even of the populace1 may gradually be removed4 ,if the people cannot be convinced1 by reason and argument1 of the impolicy or injustice of a favorite scheme1 we have only to wait for the consequences to produce conviction4 ,all people are not capable of just reasoning on the great scale of politics2 but all can feel the inconveniencies of wrong measures1 and evils of this kind generally furnish their own remedy4 ,all popular ,legislatures are liable to great mistakes4 ,many of the acts of the ,american ,legislatures1 respecting money and commerce1 will1 to future generations1 appear incredible4 ,after repeated experiments1 people will be better informed1 and astonished that their fathers could make such blunders in legislation4 #ce ,some have suspected from these sentiments1 that ,i favor the insurrection in ,massachusetts4 ,if it is necessary to be more explicit than ,i have been in the declaration1 ,i reprobate1 c4 ,i must add1 that in governments like ours1 derived from the people1 ,i believe there is no possible situation in which violent opposition to laws can be justified2 because it can never be necessary4 ,general evils will always be legally redressed1 and partial evils must be borne1 if the majority require it4 ,a tender law1 which interferes with past contracts1 is perhaps the wickedest act that a ,legislature can be guilty of2 and yet ,i think the people in ,rhode ,island have done right1 in not opposing their's1 in a violent manner4 ,if the people of this ,state#cf are not already convinced1 they certainly will be1 that the addition of #aej1jjjl4 of paper1 to the current specie of the ,state1 did not increase the permanent value of circulating medium a single farthing4 ,they were perhaps told that such a sum of paper would shut up the specie1 or enable the merchant to export it2 but their jealousy made them believe these the suggestions of interest2 and nothing but the experiment could satisfy their wishes4 ,every man of reflection must regret that he is subject to the evils consequent on popular mistakes in judgement2 but this is the price of our independence and our forms of government4 #cf ,pensylvania4 ,let us attend to the immediate and necessary consequences of the ,american revolution4 ,so great an event as that of detaching millions of people from their parent nation1 could not have been effected without the operation of powerful causes4 ,nothing but a series of real or imaginary evils could have shaken the habits by which we were governed1 and produced a combined opposition against the power of ,great ,britain4 ,i shall not enumerate any of these evils2 but observe that such evils1 by twenty years operation upon the fears or feelings of the ,americans1 had alienated their affections or weakened those habits of respect1 by which they were predisposed to voluntary obedience4 ,when a government has lost respect1 it has lost the main pillar of its authority4 ,not even a military force can supply the want of respect among subjects4 ,a change of sentiment prepares the way for a change of government1 and when that change of sentiment had become general in ,america1 nothing could have prevented a revolution4 ,but it is more easy to excite fears than to remove them4 ,the jealousy raised in the minds of ,americans against the ,british government1 wrought a revolution2 but the spirit did not then subside2 it changed its object1 and by the arts of designing men1 and the real distresses consequent on such a political storm1 was directed against our own governments4 ,the restraints imposed by respect and habits of obedience were broken thro1 and the licentious passions of men set afloat4 ,nothing can be so fatal to morals and the peace of society1 as a violent shock given to public opinion or fixed habits4 ,polemic disputes have often destroyed the friendship of a church1 and filled it1 not only with rancor1 but with immorality4 ,public opinion therefore in religion and government1 the great supports of society1 should never be suddenly unhinged4 ,the separation of ,america1 however1 from all dependence on ,european government1 could not have been effected without previously attacking and changing opinion4 ,it was an essential step1 but the effects of it will not easily be repaired4 ,that independence of spirit which preceded the commencement of hostilities1 and which victory has strengthened2 that love of dominion1 inherent in the mind of man1 which our forms of government are continually flattering2 that licentiousness of inquiry which a jealousy of rights first produced and still preserves1 cannot be controled and subdued1 but by a long series of prudent and vigorous measures4 ,perhaps the present age will hardly see the restoration of perfect tranquillity4 ,but the spirit and principles1 which wrought our separation from ,great ,britain1 will mostly die with the present generation2 the next generation will probably have new habits of obedience to our new governments2 and habits will govern them1 with very little support from law4 ,the force of habit in government is most strikingly illustrated by the example of ,connecticut4 ,most of the laws1 customs and institutions1 which the people brought with them from ,england1 or which they introduced1 on their first settlement1 remain to this day1 with such small alterations only as would naturally be made in the progress of society and population4 ,the government of ,connecticut had formerly little more than a nominal dependence on ,england2 independence therefore required but a little change of the old constitution4 ,the habits of the people have not been materially changed2 their respect for the government has not been suspended nor diminished4 ,it would therefore be extremely difficult to raise an insurrection in that ,state against their own government2#cg for they have not been accustomed to dispute the propriety of their established maxims and laws4 ,whatever alterations in their constitution1 a discerning ,legislator might suggest1 it would be highly impolitic to attempt any changes1 which should disturb public opinion or alarm apprehension4 ,when a law or custom becomes inconvenient1 the people will feel the evil and apply a remedy4 #cg ,this assertion may seem to be contradicted by the opposition of ,connecticut to the half pay act2 but that opposition did not even threaten violence or arms3 ,it was conducted in a peaceable manner2 and ,i do not know that the ,state has furnished an instance of a tumultuous interruption of law4 ,most of the other ,states had new constitutions of government to form2 they had a kind of interregnum2 an interval1 when respect for all government was suspended2 an interval fatal in the last degree1 to morals and social confidence4 ,this interval between the abolition of the old constitution and the formation of a new one1 lasted longer in ,massachusetts than in the other ,states1 and there the effects are most visible4 ,but perhaps it is impossible to frame a constitution of government1 in the closet1 which will suit the people2 for it is frequent to find one1 the most perfect in theory1 the most objectionable in practice4 ,hence we often hear popular complaints against the present governments in ,america3 ,and yet these may proceed rather from the novelty of the obedience required1 than from any real errors or defects in the systems3 ,it may be nothing but the want of habit which makes people uneasy2 the same articles which now produce clamors and discontent1 may1 after twenty years practice1 give perfect satisfaction4 ,nay1 the same civil regulation1 which the present generation may raise a mob to resist1 the next generation may raise a mob to defend4 ,but perhaps a more immediate and powerful cause of a corruption of social principles1 is a fluctuation of money4 ,few people seem to attend to the connexion between money and morals2 but it may doubtless be proved to the satisfaction of every reflecting mind1 that a sudden increase of specie in a country1 and frequent and obvious changes of value1 are more fruitful sources of corruption of morals than any events that take place in a community4 ,america began the late war without funds of money1 and its circulating specie was very inconsiderable4 ,commerce was regular1 and speculation1 a term unknown to the body of the people4 ,the emission of paper was an obvious and necessary expedient2 yet it was bad policy to throw vast sums into circulation without taking some measures to recall it4 ,it was the fate of ,america to receive in bills of credit1 and in the course of three or four years1 about twenty times the nominal value of its current specie2 the bills depreciated in the same proportion1 and the real value of the medium continued the same4 ,the first visible effect of an augmentation of the medium and the consequent fluctuation of value1 was1 a host of jockies1 who followed a species of itinerant commerce2 and subsisted upon the ignorance and honesty of the country people2 or in other words1 upon the difference in the value of the currency1 in different places4 ,perhaps we may safely estimate1 that not less than #bj1jjj men in ,america1 left honest callings1 and applied themselves to this knavish traffic4 ,a sudden augmentation of currency flattered people with the prospect of accumulating property without labor4 ,the first effect of too much money is to check manual labor1 the only permanent source of wealth4 ,industry1 which secures subsistence and advances our interest by slow and regular gains1 is the best preservative of morals2 for it keeps men employed1 and affords them few opportunities of taking unfair advantages4 ,a regular commerce has nearly the same effect as agriculture or the mechanic arts2 for the principles are generally fixed and understood4 ,speculation has the contrary effect4 ,as its calculations for profit depend on no fixed principles1 but solely on the different value of articles in different parts of the country1 or accidental and sudden variations of value1 it opens a field for the exercise of ingenuity in taking advantage of these circumstances4 ,the speculator may begin with honest intentions2 and may justify his business1 by saying1 that he injures no man1 when he givs the current value of an article in one place1 and sells it for its current value in another2 altho in this case he is a useless member of society1 as he livs upon the labor of others1 without earning a farthing4 ,but he does not stop here2 he takes an advantage of ignorance and necessity2 he will1 if possible1 monopolize an article to create a necessity4 ,repeated opportunities of this kind gradually weaken the force of moral obligation2 and nine persons of ten1 who enter into the business of speculation with a good character1 will1 in a few years1 lose their principles1 and probably1 their reputation4 ,speculation is pernicious to morals1 in proportion as its effects are extensiv4 ,speculation in the ,english funds is practised on principles destructiv of justice and morals2 but it consists in the transfer of large sums2 the contingencies on which it depends are not frequent1 and the business is confined to a few sharpers in the metropolis4 ,such a speculation affects not the body of the people4 ,the medium circulating in the kingdom1 has a fixed permanent value1 and affords no opportunities for irregular gains4 ,very different is speculation in ,america4 ,here its objects are in every person's hands2 changes of value are frequent2 opportunities of gain1 numberless2 and the evil pervades the community4 ,the country swarms with speculators1 who are searching all places1 from the stores of the wealthy1 to the recesses of indigence1 for opportunities of making lucrativ bargains4 ,not a tavern can we enter1 but we meet crowds of these people1 who wear their character in their countenances4 ,but the speculators are not the only men whose character and principles are exposed by such a state of the currency2 the honest laborer and the regular merchant are often tempted to forsake the established principles of advance4 ,every temptation of this kind attacks the moral principles1 and exposes men to small deviations from the rectitude of commutativ justice4 ,such are the sources of corruption in commercial intercourse4 ,a relaxation of principle1 in one instance1 leads to every species of vice1 and operates till its causes cease to exist1 or till all the supports of social confidence are subverted4 ,it is remarked by people very illiterate and circumscribed in their observation1 that there is not now the same confidence between man and man1 which existed before the war4 ,it is doubtless true2 this distrust of individuals1 a general corruption of manners1 idleness1 and all its train of fatal consequences1 may be resolved into two causes3 ,the sudden flood of money during the late war1 and a constant fluctuation of the value of the currencies4 ,the effects of a sudden augmentation of the quantity of money in circulation were so obvious1 during the war1 and the example is so recent1 that the subject requires no illustration1 but a recollection of facts4 ,yet there is an example recorded in the ,history of ,france1 so exactly in point1 that ,i cannot omit it4 ,during the regency of the ,duke of ,orleans1 one ,law1 who had fled from punishment in ,scotland1 and taken refuge in ,france1 obtained1 by his address1 a great share of confidence in the councils of the regent4 ,he formed a plan of drawing all the specie from circulation1 and issuing bills upon the royal treasury4 ,it is not necessary to name the expedients he used to effect his purpose4 ,it is sufficient to observe1 that by various methods1 he drew most of the specie of the kingdom into the public treasury1 and issued bills to about one hundred times the value of the specie1 which had before circulated4 ,the notes or securities depreciated as they were thrown into circulation1 like our continental currency4 ,the nature of a medium of trade1 it seems1 was not well understood3 ,such a sudden depreciation was a surprising phenomenon at that period2 men of property1 who were the holders of the paper1 were alarmed2 the kingdom was in confusion4 ,when the bills had sunk to a fifth of their value1 a royal edict was issued1 ordaining that the remaining specie in circulation should be sunk to a level with paper4 ,this resembles1 in some respects1 the regulation of prices in ,america4 ,an edict1 so rash and absurd1 increased the evils it was meant to remedy1 and filled the kingdom with clamor4 ,in a short time1 the paper was sunk as low as our continental currency1 before its death4 ,the confusion was general2 the regent and ,law were obliged to fly the kingdom2 and both died in obscurity1 the one in ,italy1 and the other1 if ,i mistake not1 in the ,netherlands4 ,in ,france there was a total change of property2 poor men made fortunes by speculation1 and the rich were beggared4 ,the result of the whole was1 that the paper was called in at a discount1 by means similar to the forty for one act of the ,united ,states4 ,but the principal view ,i have in stating this example is1 to show the effect of a sudden inundation of money upon industry and morals4 ,no sooner did the nation feel an increase of the quantity of money1 but the kingdom was overrun with speculators2 men who left useful occupations1 for the prospect of rapid accumulations of wealth4 ,knavery1 over reaching1 idleness1 prodigality1 and every kind of vice prevailed1 and filled the kingdom with distress1 confusion1 and poverty4 ,the ,south ,sea bubble1 in ,england1 was a farce of a similar kind1 but its effects were less extensiv4 ,the continental currency was not the sole cause of the idleness and speculation1 which prevailed in this country1 about the years #aghj1 #agha1 and #aghb4 ,vast quantities of specie were introduced by the ,french army1 by the ,spanish trade1 and by a clandestine intercourse with the ,british garrisons4 ,at the close of the war1 there was more than double the quantity of gold and silver in the country1 which was necessary for the purposes of a regular commerce4 ,this extraordinary circulation of specie had its usual1 its certain effect2 it prompted multitudes to quit manual labor for trade4 ,this circumstance1 in conjunction with the disbanding of the army1 which left great numbers of men without employment1 and with a rage for foreign goods1 which was always strong1 and was then increased by a long war1 filled our commercial towns with hosts of adventurers in business4 ,the consequent influx of goods and enormous credit necessary to obtain them1 are evils that deeply affect this country4 ,i will not attempt a detail of the state of commerce in the ,united ,states2 but observe that the necessary exportation of specie was the happiest event that could befal the ,united ,states2 the only event that could turn industry into its proper channel1 and reduce the commerce of the country to a proportion with the agriculture4 ,dissipation was another consequence of a flood of money4 ,no country perhaps on earth can exhibit such a spirit of dissipation among men1 who derive their support from business1 as ,america4 ,it is supposed by good judges1 that the expenses of subsistence1 dress and equipage1 were nearly doubled in the commercial towns1 the two first years of the peace4 ,i have no doubt the support of the common people was enhanced twenty five per cent4 ,this augmentation of expenses1 with a dimunition of productiv industry1 are the consequences of too much money1 and a scarcity is our only remedy4 ,short sighted people complain of the present scarcity2 but it is the only hope of our political salvation2 and that ,legislature which ventures to remove popular complaints1 by a coinage of great quantities of specie1 or by its substitute1 paper1 checks industry1 keeps alive a spirit of dissipation1 and retards the increase of solid wealth4 ,if this has been necessary1 it is a necessity sincerely to be lamented4 ,but there is one source of idleness and corruption1 which is general in ,america1 and bids fair to be of long duration4 ,i refer to the different species of federal and ,state securities1 which are every where diffused1 and of fluctuating value4 ,these evidences of our debts open such prospects for rapid accumulations of property to every class of people1 that men cannot withstand the temptation3 ,thousands are drawn from useful occupations into a course of life1 which cannot possibly benefit society2 which must render them useless1 and probably will render them bad men1 and dangerous members of a community4 ,what remedy can be applied to so great an evil1 it is not for me to determin4 ,but if ,i may offer my sentiments freely1 ,i must acknowlege that ,i think no measure can produce so much mischief1 as the circulation of a depreciated changeable currency4 ,let all our debts be placed on the footing of bank stock1 and made transferable only at the treasury2 or let the present evidences of it be called in1 and new notes issued1 payable only to the creditor or original holder2 or let the securities be purchased at their current discount1 let some method be adopted to draw them from circulation2 for they destroy public and private confidence2 they cut the sinews of industry2 they operate like a slow poison1 dissolving the stamina of government1 moral principles4 ,no paper should circulate in a commercial country1 which is not a representativ of ready cash2 it must at least command punctual interest1 and security of the principal when demanded4 ,without these requisits1 all notes will certainly depreciate4 ,most of our public securities want all the requisits of a paper currency4 ,but if they did not2 if they were equal in value to bank notes or specie1 still the sums are much too large for a circulating medium in ,america4 ,the amount of the continental and ,state certificates1 with the emissions of paper by particular ,states1 cannot be less than seventy millions of dollars1 which is seven times the sum necessary for a circulation4 ,were they equal in value to gold and silver1 the whole medium would depreciate1 specie as well as paper4 ,but as they want every requisit of a paper currency1 the whole depreciation falls upon the securities4 ,an alarming consequence of the ,state of our public debt remains to be considered4 ,want of confidence in the public1 added to the vast quantity of paper1 has sunk it to a third1 sixth1 or eighth part of its nominal value4 ,most of the creditors of the public have parted with their securities at a great discount1 and are thus robbed of the monies which they earned by the sweat of the brow4 ,men of property have purchased them for a trifle1 and in some ,states receive the interest in specie4 ,in ,massachusetts1 this is the case with respect to some part of the ,state debt4 ,when a man buys a note of twenty shillings value for five1 and receives the interest1 six per cent4 in specie1 he in fact receives twenty four per cent4 on his money4 ,this is one source of the insurrection in ,massachusetts4 ,the people feel the injustice of paying such an interest to men who earned but a small part of it1 and whose sole merit is1 that they have more money than their fellow citizens who suffer the loss by depreciation4 ,those men in particular1 who fought for our independence1 or loaned their property to save the country1 view with indignant resentment1 that law which obliges them to pay twenty four per cent4 interest on the securities1 which they have sold for a fourth1 or an eighth part of their honest demands4 ,this cannot justify the violent steps taken by the people2 because petitions1 and united firmness in a constitutional way1 would have procured redress4 ,but ,i state the facts to shew the effects of speculation1 or rather1 of the want of faith in public engagements4 ,such are the consequences of a variable medium2 neglect to industry2 application to irregular commerce2 relaxation of principles in social intercourse2 distrust of individuals2 loss of confidence in the public1 and of respect for laws2 innumerable acts of injustice between man and man1 and between the ,state and the subject2 popular uneasiness1 murmurs and insurrections4 ,and such effects will exist till their cause shall be removed4 ,not the creation of a ,supreme ,power over the ,united ,states1 is an object of more importance1 than the annihilation of every species of fluctuating currency4 ,that instability of law1 to which republics are prone1 is another source of corruption4 ,multiplication and changes of law have a great effect in weakening the force of government1 by preventing or destroying habits4 ,law acquires force by a steady operation1 and government acquires dignity and respect1 in proportion to the uniformity of its proceedings4 ,necessity perhaps has made our federal and provincial governments frequently shift their measures1 and the unforeseen or unavoidable variations of public securities1 with the impossibility of commanding the resources of the continent1 to fulfil engagements1 all predict a continuation of the evil4 ,but the whole wisdom of ,legislatures should be exerted to devise a system of measures which may preclude the necessity of changes that tend to bring government into contempt4 ,a mild or lax execution of law may also have a bad effect in lessening the respect for its officers4 ,in a monarchy1 there is no reasoning with the executive2 the will of the prince inspires terror4 ,in our governments1 the officers are often familiar1 and will even delay justice as long as possible to assist the prisoner4 ,in some of the eastern ,states1 the frequency and mildness of laws1 have introduced very singular habits4 ,the people of ,connecticut respect the laws as much as any people2 they would not be guilty of disobedience2 they mean generally to pay their debts1 but are not very anxious to be punctual4 ,they suppose a creditor can wait for his money longer than the period when it is due1 and think it hard if he will not4#ch #ch ,these remarks are not applicable to the mercantile part of the people1 who1 since the revolution1 have been distinguished by their punctuality4 ,this mild execution of law1 and a consequential habit of dilatoriness1 which arise from the spirit of equality1 are still prevalent amongst the body of the people4 ,these gave rise to the late incorporation of several commercial towns1 with large powers2 an expedient which has answered the purpose of giving to commerce the advantage of energy and dispatch in the collection of debts4 ,as most of the business is done in the cities1 this effect will gradually extend itself1 and form different habits4 ,the great misfortune of the multiplicity of laws and frequency of litigation1 is1 that they weaken a respect for the executiv authority1 destroy the principle of honor1 and transfer the disgrace1 which ought to follow delinquency in payment1 from a man's reputation1 to the administration of justice4 ,the lawyers and courts are impeached1 when the whole blame ought to fall upon the debtor for his impunctuality4 ,honor1 a substitute for honesty1 has more influence upon men than law2 for in the one case1 a man's character is at stake1 and in the other1 his property4 ,when a man's character suffers not1 by a failure of engagements1 and by a public prosecution1 the collection of debts must be slow4 ,but when a man's reputation is suspended on the punctual discharge of his contracts1 he will spare no pains to do it2 and this is or ought to be the case in all commercial countries4 ,extensiv credit1 in a popular government1 is always pernicious1 and may be fatal4 ,when the people are deeply or generally involved1 they have power and strong temptations to introduce an abolition of debts2 an agrarian law1 or that modern refinement on the ,roman plan1 which is a substitute for both1 a paper currency1 issued on depreciating principles4 ,rhode ,island is a melancholy proof of this truth1 and ,new ,hampshire narrowly escaped the deplorable evils4 ,in governments like ours1 it is policy to make it the interest of people to be honest4 ,in short1 the whole art of governing consists in binding each individual by his particular interest1 to promote the aggregate interest of the community4 ,massachusetts affords a striking example of the danger incurred by too many private debts4 ,during the war the operation of justice was necessarily suspended1 and debts were constantly multiplying and accumulating4 ,when law came to be rigorously enforced1 the people were distressed beyond measure1 particularly in the western counties1 where people are poorer than in the parts of the ,state better settled1 and nearer to market4 ,these private debts crowded hard1 and operated with the demands of the federal creditors1 to push the people into violent measures4 ,the planters in ,virginia owe immense sums of money to the ,british merchants4 ,what is the consequence8 a law1 suspending the collection of ,british debts4 ,the loss of their slaves is the ostensible excuse for this law2 but a more solid reason must be1 the utter impossibility of immediately discharging the debts4 ,in our governments the men who owe the money1 make the laws2 and a general embarrassment of circumstances is too strong a temptation to evade or suspend the performance of justice4 ,for this reason1 the wisdom of the ,legislature might cooperate with the interest of the merchant1 to check a general credit4 ,in some cases it might be safe and wise to withdraw the protection of law from debts of certain descriptions4 ,it is an excellent law in one ,state1 which ordains1 that no tavern debt1 of more than two days standing1 shall be recoverable by law4 ,it prevents tavern haunting and its consequences1 idleness1 drunkenness and quarrels4 ,perhaps laws of this kind have the best effect in introducing punctual payments4 ,their first effect is to prevent credit2 but they gradually change a man's regard for his property1 to a more activ and efficient principle1 an attention to his character4 ,in the present anarchy in ,massachusetts1 monied men get credit with the merchant1 and are punctual to fulfil engagements1 as they are sensible that the merchant relies solely on their honor4 ,the certain ultimate tendency of withdrawing the protection of law from particular kinds of debts1 is to discourage tricks and evasions1 and introduce habits of punctuality in commerce4 ,the present state of our public credit hath the same effect4 ,repeated violations of public faith1 the circulation of a variable medium of trade1 the contempt of law1 the perpetual fear of new legislativ schemes for discharging our debts1 and of tender laws1 have made men very cautious in giving credit1 and when they do give it1 they depend more on the honor of a man than on any security derived from law4 ,this one happy effect of want of confidence in the public1 is some small consolation for an infinite variety of political evils and distresses4 ,laws to prevent credit would be beneficial to poor people4 ,with respect to the contraction of debts1 people at large1 in some measure1 resemble children2 they are not judges even of their own interest4 ,they anticipate their incomes1 and very often1 by miscalculation1 much more than their incomes4 ,but this is not the worst effect2 an easy credit throws them off their guard in their expenses4 ,in general we observe that a slow1 laborious acquisition of property1 creates a caution in expenditures1 and gradually forms the miser4 ,on the other hand1 a sudden acquisition of money1 either by gambling1 lotteries1 privateering1 or marriage1 has a tendency to open the heart1 or throw the man off his guard1 and thus makes him prodigal in his expenses4 ,perhaps this is ever the case1 except when a penurious habit has been previously formed4 ,an easy and extensiv credit has a similar effect4 ,when people can possess themselves of property without previous labor1 they consume it with improvident liberality4 ,a prudent man will not2 but a large proportion of mankind have not prudence and fortitude enough to resist the demands of pride and appetite4 ,thus they often riot on other men's property1 which they would not labor to procure4 ,they form habits of indolence and extravagance1 which ruin their families1 and impoverish their creditors4 ,another effect of extensiv credit1 is a multitude of lawyers4 ,every thing which tends to create disputes1 to multiply debts1 weaken a regard to commercial engagements1 and place the collection of debts on law1 rather than on honour1 increases the encouragement of lawyers4 ,the profession of law is honorable1 and the professors1 ,i scruple not to aver1 as liberal1 honest and respectable1 as any class of men in the ,state4 ,but their business must be considered as a public evil1 except in the drafting of legal instruments1 and in some real important disputes4 ,such is the habit of trusting to law1 for the recovery of debts1 that1 in some of the eastern ,states1 one half or two thirds of the lawyers are mere collectors4 ,they bring forward suits for small debts1 that are not disputed2 they recover judgement upon default1 they take out executions1 and live upon their fees4 ,the evil is not so great in the middle ,states2 but it is great in all the ,states4 ,never was there such a rage for the study of law4 ,from one end of the continent to the other1 the students of this science are multiplying without number4 ,an infallible proof that the business is lucrativ4 ,the insurgents in ,massachusetts enumerate lawyers among their grievances4 ,they wish the ,legislature to limit their number and their demands4 ,short sighted mortals6 ,they seem not to consider that lawyers grow out of their own follies1 and that the only radical remedy for the evil is1 to contract no more debts than they can pay1 with strict punctuality4 ,the number of professional men in a ,state should be as few as possible2 for they do not increase the property of the ,state1 but liv on the property acquired by others4 ,there is little danger that the number of clergymen will be too great4 ,in a few instances1 religious parties may have multiplied their teachers to too great a number1 and perhaps in some parts of the country1 a few more ministers of the gospel would be very useful4 ,physicians will multiply in proportion to the luxuries and idleness of men4 ,they cannot be limited by law1 for people will be as intemperate and as lazy as they please4 ,but an artful ,legislature will take away some of the causes of litigation1 and thus curtail the number of lawyers4 ,we may always determin the degree of corruption1 in commercial habits1 by the number of civil suits in the courts of law4 ,the multiplication of lawyers is a proof of private embarrassments in any ,state2 it is a convincing proof that in ,america these embarrassments are numberless4 ,the evil is of such magnitude in some ,states1 as to suspend the operation of law1 and in all it produces distrust among men1 renders property unsafe1 and perplexes our mutual intercourse4 ,in this situation1 with popular governments1 and an unbounded rage for magnificent living1 perhaps the only effectual remedy for a multitude of public evils1 is the restraining of credit4 ,it might even be useful to destroy all credit on the security of law1 except debts of certain descriptions1 where mortgages might be given4 ,this would not check business1 but it would oblige people to exercise a principle of honor1 and to have recourse to industry1 and ready payment for articles which their necessities or their fancies require4 ,we should then be better able to determin1 whether bucks and bloods1 in high life1 who roll the thundering chariot o'er the ground1 are sporting with their own property1 or that of honest creditors4 ,i cannot close these remarks without observing how much this country owes to particular classes of people for the practice of the commercial virtues4 ,to the ,friends1 the ,germans and the ,dutch1 this country is indebted for that industry and provident economy1 which enables them to subsist without anxiety1 and to be honest and punctual1 without embarrassment4 ,happy would it be for this country1 if these virtues were more generally practised4 ,paper money and foreign credit are mere temporary expedients to keep up the appearance of wealth and splendor2 but they are miserable substitutes for solid property4 ,the only way to become rich at home and respectable abroad1 is to become industrious1 and to throw off our slavish dependence on foreign manners1 which obliges us to sacrifice our opinions1 our taste1 and our interest1 to the policy and aggrandizement of other nations4 ,no4 ,,viii4 ,,on ,,paper ,,money4 ,published at ,baltimore1 ,august #i1 #aghe4 ,messrs4 ,,printers1 ,i observed a paragraph of intelligence in your ,journal1 of the #bfth of ,july1 respecting the circulation of paper currency in ,north ,carolina4 ,i am not disposed to dispute the truth of the fact1 that paper currency passes in that ,state at par with specie2 but ,i should be very sorry to see it drawn into a precedent for other ,states4 ,the scarcity of cash is a general complaint1 and superficial observers impute the evil to a wrong cause1 while shallow reasoners would remedy it by an emission of paper credit4 ,the real state of our commerce is this2 since the ratification of peace1 the quantity of goods imported into the ,united ,states has been much greater than what was necessary for the consumption of the inhabitants4 ,perhaps ,i shall not be wide of the truth1 when ,i suppose that one third of the importations would supply the demands of people4 ,the consequence is1 the other two thirds continue on hand as a superfluity4 ,the merchant finds no market for his goods1 and erroneously imputes the evil to a scarcity of cash4 ,but the real truth is1 people do not want his goods2 they purchase what they want1 and find cash or produce to make payment2 but the surplus remains in store4 ,in every trading nation1 there ought to be a due proportion between the commercial interest1 the agricultural and the manufacturing4 ,whenever the farmers and manufacturers are too numerous for the merchants1 produce and manufactures will be plentiful and cheap2 trade will of course be lucrativ4 ,whenever the merchants are too numerous for the laborers1 the importations of the former will exceed the wants of the latter2 of course goods will not find vent2 and the merchant who owes nothing may lie and sleep in indolence1 while the merchant who deals on credit must fail4 ,the experience of almost every day proves the truth of this reasoning4 ,i will suppose that the number of merchants1 and the quantity of goods in ,baltimore1 are double to what they were two years ago2 and the market for goods is nearly the same4 ,the effect will be1 that the same profit of business will be divided among double the number of men1 while1 at the same time1 rents and the price of provision in market will be double4 ,the clear profit of the merchant will therefore be reduced to one fourth part of what it was two years ago4 ,i submit to the inhabitants of this flourishing town1 whether this is a mere supposition1 or a moderate state of facts2 and whether this reasoning will not1 in a greater or less degree1 apply to every commercial town in the ,united ,states4 ,but is not money scarce8 ,with respect to the quantity of goods in store1 money is very scarce3 ,with respect to the produce of the country1 there is money enough4 ,almost every article of home produce will command cash2 but the merchant cannot get cash for his goods4 ,money is the representativ of goods bought and sold4 ,i will suppose1 for the sake of argument1 that two years ago there was cash enough in the country to purchase all the goods in market at the usual advance4 ,i will suppose that the quantity of goods has been trebled since that time4 ,in this case1 had the quantity of money continued the same1 there would have been cash enough to purchase just one third of the goods4 ,but suppose what is true1 that at the time the quantity of goods increases in this proportion1 the quantity of money in circulation diminishes in the same proportion4 ,in this case there will be but one third of the cash to purchase three times the goods4 ,thus but one sixth part of the goods can be purchased by the circulating cash4 ,the merchant must then lower the price of his goods to one sixth of their value1 or keep them on hand4 ,this reasoning1 however mathematical1 is just1 and applies to all commercial countries4 ,it is a fair state of facts in ,america4 ,but though the quantity of money is greatly diminished1 yet there is sufficient to represent the produce of the country1 which in quantity continues the same4 ,the price is however lowered by the diminution of the quantity of circulating cash4 ,whether the quantity of cash is diminished1 and the quantity of goods increased in the exact proportion above stated1 is not material1 the foregoing reasoning being sufficient to illustrate the principle4 ,the probability is1 that the disproportion between the goods in market and the cash in circulation1 is greater than ,i have supposed4 ,the following propositions1 ,i venture to assert1 are generally1 if not universally1 true3 #a4 ,that the imports of a country should never exceed its exports4 ,in other words1 the value of the goods imported should never exceed the value of the superfluous produce1 or that part of the produce which the inhabitants do not want for their own consumption4 #b4 ,that too great a quantity of cash in circulation1 is a much greater evil than too small a quantity4 #c4 ,that too much money in a commercial country will inevitably produce a scarcity4 #d4 ,that the wealth of a country does not consist in cash1 but in the produce of industry1 viz4 in agriculture and manufactures4 #e4 ,that in a commercial country1 where people are industrious1 there can never be1 for any long time1 a want of cash sufficient for a medium4 ,the first proposition is universally acknowleged to be true4 ,the second is less obvious1 but equally true4 ,too much money raises the price of labor and of its effects2 deprives us consequently of a foreign market2 produces indolence and dissipation2 than which greater evils cannot happen to a ,state4 ,the sudden increase of money1 by large emissions of paper credit1 at the beginning of the late war1 produced more luxury1 indolence1 corruption of morals1 and other fatal effects1 than all other causes that ever took place in ,america4 ,we feel these evils to this moment4 ,on the other hand1 a scarcity of cash1 tho it cramps commerce for a moment1 always checks the evils before mentioned1 lowers the price of labor1 and produce will of course find a profitable market2 it produces economy and industry1 and consequently preserves the morals of the people2 for industry goes further in preserving purity of morals1 than all the sermons that were ever preached4 ,this leads to an illustration of the third proposition4 ,if too much money in a country raises the price of labor and of produce1 the consequence is1 that people will go abroad for articles1 because they are cheaper in foreign markets1 and they will purchase as long as they can get cash4 ,importations will be multiplied till the country is drained of cash1 and then business will return to a new channel4 ,the history of trade in ,america1 the last two years1 is an illustration of this proposition4 ,the fourth proposition1 also1 is illustrated by facts4 ,i will suppose that ten millions of dollars are sufficient for a medium in ,america3 ,let that sum be instantaneously augmented to twenty millions1 and the country is not a farthing richer1 for the price of goods will be immediately doubled4 ,two dollars1 in the latter case1 purchase no more than one in the former4 ,people ignorantly suppose that goods rise in value2 when the fact is1 money falls in value4 ,continental currency was a proof of this4 ,there was cash enough for a medium in the country before the war2 and the addition of two hundred millions of dollars did not increase the wealth of the country one farthing2 nor would the whole purchase more than the ten millions of specie which circulated before the war4 ,had the paper all been ,spanish milled dollars1 the effect would have been the same1 had they continued in the country1 and not been hoarded4 ,the fifth proposition depends on this simple fact1 that money is a fluid in the commercial world1 rolling from hand to hand wherever it is wanted1 and there is any thing to purchase it4 ,let the produce of a country excel1 in the least degree1 the consumption1 and it will never want money4 ,admitting the foregoing observations to be true1 both the necessity and policy of emitting paper1 vanish at once4 ,supposing paper currency to preserve its credit1 still so far from increasing the medium of trade1 that in a few months it will drive all the specie from the country4 ,bank notes and bills of exchange are useful in facilitating a change or conveyance of property2 but to issue paper credit1 merely with a view to increase the circulating medium1 in a country where the people may have just as much gold and silver as they are pleased to work for1 is the height of folly4 ,if people are indolent1 or extravagant1 all the paper currency under heaven will not make them rich1 or supply their wants of cash4 ,if people are industrious and frugal1 and purchase no more foreign goods than they can pay for in superfluous produce1 they will ever have cash enough4 ,their whole system of commerce stands on these single facts4 ,if the merchants bring more goods than people want1 business must be dull2 money with them must be scarce4 ,at the close of the war1 cash was plentiful and goods scarce4 ,this made business lively1 till people had procured a supply4 ,remittances were made in cash1 so long as it could be obtained4 ,that period is past1 and the merchant must now look for remittances where alone they ought ever to be found1 in the produce of the country4 ,business is just now returning into its proper channel1 from which it had been diverted by the violence of war1 and the fluctuations of paper credit4 ,the rapid population of a country is an agreeable circumstance2 but every profession ought to increase in a due proportion4 ,supposing ten thousand carpenters were to land in ,baltimore at once1 would they have business8 ,or would they not exclaim1 business is dull1 money is scarce8 ,every one might have a trifle of business1 but they could not all make fortunes4 ,an event similar to this has taken place in ,baltimore4 ,the reputation for business which ,baltimore had acquired just at the close of the war1 brought merchants here from every part of the world1 and almost one half of the town has been built within two years4 ,how1 in the name of common sense1 do the merchants expect to find business8 ,the people who come to this market1 multiply gradually1 and double in about thirty years4 ,but the merchants who supply the goods have doubled1 if not trebled1 in numbers and stock1 within three years4 ,there is1 however1 an expedient which will yet enable them all to liv by trade4 ,let every merchant send abroad to ,ireland or ,germany1 and bring over his hundred able industrious farmers1 and fix them on the fertile lands of ,maryland1 which now lie useless and uncultivated in the hands of the ,nabobs3 ,or let three fourths of the traders quit the business4 ,either of these expedients will make cash plentiful2 and one of them must take place4 ,i will just make one further remark2 the want of a proper union among the ,states1 will always render our commerce fluctuating and unprofitable4 ,we may do as much business as we please2 but if the duties and restrictions on our trade remain1 and the flag of the ,united ,states is insulted as it has been1 and each ,state is laying duties on the trade of its neighbor1 our commerce cannot be reduced to a system1 and our profits must be uncertain4 ,the want of a ,continental ,power to guard the honor of the whole body1 and reduce our measures to one uniform system1 is the great source of endless calamities4 ,we shall feel national abuse1 till ,congress are vested with powers sufficient to govern and protect us2 and till that period1 foreigners1 like so many harpies1 will prey upon our commerce1 and disappoint the exertions of our industry4 ,,no4 ,,ix4 ,on ,,redress of ,,grievances4 ,,newbury ,,port1 #aghf4 ,by some resolves of the discontented people of this ,state1 7,massachusetts7 it appears that the true cause of public grievances is mistaken1 and consequently the mode of redress will be mistaken4 ,it is laughable enough to hear the people gravely resolving1 that the sitting of the general court at ,boston is a grievance1 when every body may recollect that about twelve years ago1 the removal of the ,legislature to ,cambridge1 was a grievance2 an unconstitutional stretch of power1 that threw the province into a bustle4 ,a great change1 since ,hutchinson's time6 ,boston then was the only proper seat of the ,legislature4 ,lawyers1 too1 are squeezed into the catalogue of grievances4 ,why1 sir1 lawyers are a consequence2 not a cause of public evils4 ,they grow out of the laziness1 dilatoriness in payment of debts1 breaches of contract1 and other vices of the people2 just as mushrooms grow out of dunghills after a shower1 or as distilleries spring out of the taste for ,new ,england rum4 ,the sober1 industrious1 frugal ,dutch1 in ,new ,york1 and the ,quakers and ,germans in ,pensylvania1 have no occasion for lawyers2 a collector never calls upon them twice1 and they feel no grievances4 ,before the war1 there was1 in ,orange county1 ,new ,york1 but one action of debt tried in eighteen years4 ,o happy people6 happy times6 no grievances4 ,mr4 ,printer1 ,i saw a man the other day1 carrying a bushel or two of flaxseed4 ,flaxseed is a cash article1 and cash pays taxes4 ,the man wanted cash to pay his taxes2 he must have cash2 but1 ,mr4 ,printer1 half an hour afterwards1 ,i saw him half drunk1 and his saddle bags filled with coffee4 ,but1 sir1 coffee pays no taxes4 ,another1 a few days ago1 brought a lamb to market4 ,lambs command cash1 and cash pays taxes2 but the good countryman went to a store1 and bought a feather2 five shillings for a feather1 ,mr4 ,printer1 and feathers pay no taxes4 ,is it not a grievance1 sir1 that feathers and ribbands1 and coffee and new rum1 will not pay taxes8 ,now1 ,mr4 ,printer1 in my humble opinion1 there are but two effectual methods of redressing grievances2 one depends on the people as individuals1 and the other on the ,supreme ,executiv authority4 ,as to the first1 let every person1 whether farmer1 mechanic1 lawyer1 or doctor1 provide a small box1 7a small box will be big enough7 with a hole in the lid4 ,when he receives a shilling1 let him put six pence into the box1 and use the other six pence in providing for his family2 not rum or feathers1 but good bread and meat4 ,let this box remain untouched1 until the collector shall call4 ,then let it be opened1 the tax paid1 and the overplus of cash may be expended on gauze1 ribbands1 tea1 and ,new ,england rum4 ,let the box then be put into its place again1 to receive pence for the next collector4 ,this method1 ,mr4 ,printer1 will redress all grievances1 without the trouble1 noise and expense of town meetings1 conventions and mobs4 ,as to the other method1 sir1 ,i can only say1 were ,i at the head of the ,executiv authority1 ,i should soon put the question to a decisiv issue4 ,it should be determined1 on the first insurrection1 whether our lives and our properties shall be secure under the law and the constitution of the ,state1 or whether they must depend on the mad resolves of illegal meetings4 ,honest men then would know whether they may rest in safety at home1 or whether they must seek for tranquillity in some distant country4 ,no4 ,x4 ,the ,,devil is in you4#ci #ci ,published in ,rhode ,island1 shortly after the preceding letter4 ,,providence1 #aghf4 ,that the political body1 like the animal1 is liable to violent diseases1 which1 for a time1 baffle the healing art1 is a truth which we all acknowlege1 and which most of us lament4 ,but as most of the disorders1 incident to the human frame1 are the consequence of an intemperate indulgence of its appetites1 or of neglecting the most obvious means of safety2 so most of the popular tumults1 which disturb government1 arise from an abuse of its blessings1 or an inattention to its principles4 ,a man of a robust constitution1 relying on its strength1 riots in gratifications which weaken the stamina vit2 the surfeiting pleasures of a few years destroy the power of enjoyment2 and the full fed voloptuary feels a rapid transition to the meagre valetudinarian4 ,thus people who enjoy an uncommon share of political privileges1 often carry their freedom to licentiousness1 and put it out of their power to enjoy society by destroying its support4 ,too much health is a disease1 which often requires a very strict regimen2 too much liberty is the worst of tyranny2 and wealth may be accumulated to such a degree as to impoverish a ,state4 ,if all men attempt to become masters1 the most of them would necessarily become slaves in the attempt2 and could every man on earth possess millions of joes1 every man would be poorer than any man is now1 and infinitely more wretched1 because they could not procure the necessaries of life4 ,my countrymen1 it is a common saying now1 that the devil is in you4 ,i question the influence of the devil1 however1 in these affairs4 ,divines and politicians agree in this1 to father all evil upon the devil2 but the effects ascribed to this prince of evil spirits1 both in the moral and political world1 ,i ascribe to the wickedness and ignorance of the human heart4 ,taking the word ,devil in this sense1 he is in you1 and among you1 in a variety of shapes4 ,in the first place1 the weakness of our federal government is the devil4 ,it prevents the adoption of any measures that are requisit for us1 as a nation2 it keeps us from paying our honest debts2 it also throws out of our power all the profits of commerce1 and this drains us of cash4 ,is not this the devil8 ,yes1 my countrymen1 an empty purse is the devil4 ,you say you are jealous of your rights1 and dare not trust ,congress4 ,well1 that jealousy is an evil spirit1 and all evil spirits are devils4 ,so far the devil is in you4 ,you act1 in this particular1 just like the crew of a ship1 who would not trust the helm with one of their number1 because he might possibly run her ashore1 when by leaving her without a pilot1 they were certain of shipwreck4 ,you act just like men1 who in raising a building1 would not have a master workman1 because he might give out wrong orders4 ,you will be masters yourselves2 and as you are not all ready to lift at the same time1 one labors at a stick of timber1 then another1 then a third2 you are then vexed that it is not raised2 why let a master order thirteen of you to take hold together1 and you will lift it at once4 ,every family has a master 7or a mistress--,i beg the ladies' pardon47 ,when a ship or a house is to be built1 there is a master2 when highways are repairing1 there is a master2 every little school has a master2 the continent is a great school2 the boys are numerous1 and full of roguish tricks1 and there is no master4 ,the boys in this great school play truant1 and there is no person to chastise them4 ,do you think1 my countrymen1 that ,america is more easily governed than a school8 ,you do very well in small matters2 extend your reason to great ones4 ,would you not laugh at a farmer who would fasten a cable to a plough1 and yet attempt to draw a house with a cobweb8 ,and ,nathan said unto ,david1 thou art the man4 ,you think a master necessary to govern a few harmless children in a school or family2 yet leave thousands of great rogues to be governed by good advice4 ,believe me1 my friends1 for ,i am serious2 you lose rights1 because you will not giv your magistrates authority to protect them4 ,your liberty is despotism1 because it has no control2 your power is nothing1 because it is not united4 ,but further1 luxury rages among you1 and luxury is the devil4 ,the war has sent this evil demon to impoverish people1 and embarrass the public4 ,the articles of rum and tea alone1 which are drank in this country1 would pay all its taxes4 ,but when we add1 sugar1 coffee1 feathers1 and the whole list of baubles and trinkets1 what an enormous expense8 ,no wonder you want paper currency4 ,my countrymen are all grown very tasty6 ,feathers and jordans must all be imported6 ,certainly gentlemen1 the devil is among you4 ,a ,hampshire man1 who drinks forty shillings worth of rum in a year1 and never thinks of the expense1 will raise a mob to reduce the governor's salary1 which does not amount to three pence a man per annum4 ,is not this the devil8 ,my countrymen--,a writer appeared1 not long ago1 informing you how to redress grievances4#dj ,he givs excellent advice4 ,let every man make a little box1 and put into it four pence every day4 ,this in a year will amount to six pounds one shilling and eight pence1 a sum more than sufficient to pay any poor man's tax4 ,any man can pay three or four pence a day1 though no poor man can1 at the end of a year1 pay six pounds4 ,take my advice1 every man of you1 and you will hardly feel your taxes4 #dj ,see page #abe4 ,but further1 a tender law is the devil4 ,when ,i trust a man a sum of money1 ,i expect he will return the full value4 ,that ,legislature which says my debtor may pay me with one third of the value he received1 commits a deliberate act of villany2 an act for which an individual1 in any government1 would be honored with a whipping post1 and in most governments1 with a gallows4 ,when a man makes dollars1 one third of which only is silver1 and passes them for good coin1 he must lose his ears1 c4 ,but ,legislatures can1 with the solemn face of rulers1 and guardians of justice1 boldly give currency to an adulterated coin1 enjoin it upon debtors to cheat their creditors1 and enforce their systematic knavery with legal penalties4 ,the differences between the man who makes and passes counterfeit money1 and the man who tenders his creditor one third of the value of the debt1 and demands a discharge1 is the same as between a thief and a robber4 ,the first cheats his neighbor in the dark1 and takes his property without his knowlege3 ,the last boldly meets him at noon day1 tells him he is a rascal1 and demands his purse4 ,my countrymen1 the devil is among you4 ,make paper as much as you please2 make it a tender in all future contracts1 or let it rest on its own bottom3 ,but remember that past contracts are sacred things2 that ,legislatures have no right to interfere with them2 they have no right to say1 a debt shall be paid at a discount1 or in any manner which the parties never intended4 ,it is the business of justice to fulfil the intention of parties in contracts1 not to defeat them4 ,to pay bona fide contracts for cash1 in paper of little value1 or in old horses1 would be a dishonest attempt in an individual2 but for ,legislatures to frame laws to support and encourage such detestable villany1 is like a judge who should inscribe the arms of a rogue over the feat of justice1 or clergymen who should convert into bawdy-houses the temples of ,jehovah4 ,my countrymen1 the world says1 the devil is in you3 ,mankind detest you as they would a nest of robbers4 ,but lastly1 mobs and conventions are devils4 ,good men love law and legal measures4 ,knaves only fear law1 and try to destroy it4 ,my countrymen1 if a constitutional ,legislature cannot redress a grievance1 a mob never can4 ,laws are the security of life and property2 nay1 what is more1 of liberty4 ,the man who encourages a mob to prevent the operation of law1 ceases to be free or safe2 for the same principle which leads a man to put a bayonet to the breast of a judge1 will lead him to take property where he can find it2 and when the judge dare not act1 where is the loser's remedy8 ,alas1 my friends1 too much liberty is no liberty at all4 ,giv me any thing but mobs2 for mobs are the devil in his worst shape4 ,i would shoot the leader of a mob1 sooner than a midnight ruffian4 ,people may have grievances1 perhaps1 and no man would more readily hold up his hand to redress them than myself2 but mobs rebel against laws of their own1 and rebellion is a crime which admits of no palliation4 ,my countrymen1 ,i am a private1 peaceable man4 ,i have nothing to win or to lose by the game of paper currency2 but ,i revere justice4 ,i would sooner pick oakum all my life1 than stain my reputation1 or pay my creditor one farthing less than his honest demands4 ,while you attempt to trade to advantage1 without a head to combine all the ,states into systematic1 uniform measures1 the world will laugh at you for fools4 ,while merchants take and giv credit1 the world will call them idiots1 and laugh at their ruin4 ,while farmers get credit1 borrow money1 and mortgage their farms1 the world will call them fools1 and laugh at their embarrassments4 ,while all men liv beyond their income1 and are harrassed with duns and sheriffs1 no man will pity them1 or giv them relief4 ,but when mobs and conventions oppose the courts of justice1 and ,legislatures make paper or old horses a legal tender in all cases1 the world will exclaim with one voice--,ye are rogues1 and the devil is in you6 ,no4 ,,xi4 ,,new ,,london1 ,,october1 #aghf4 ,,desultory ,,thoughts4 ,no government has preserved more general and uninterrupted tranquillity for a long period1 than that of ,connecticut4 ,this is a strong proof of the force of habit1 and the danger that ever attends great alterations of government or a suspension of law4 ,every system of civil policy must take its complexion from the spirit and manners of the people4 ,whatever political constitutions may be formed on paper1 or in the philosopher's closet1 those only can be permanent which arise out of the genius of the people4 ,a jealous uneasy temper has sometimes appeared1 among the people of this ,state2 but as this has always proceeded from restless1 ambitious men1 whose designs have been reprobated as soon as detected1 this uneasiness has always subsided without any violence to the ,constitution4 ,we do not advert to the time when the course of law has been forcibly obstructed in ,connecticut4 ,in the middle and southern ,states the corrupt ,english mode of elections has been adopted3 ,we see men meanly stoop to advertise for an office1 or beg the votes of their countrymen4 ,in those ,states elections are often mere riots2 almost always attended with disputes and bloody noses1 and sometimes with greater violence4 ,in ,connecticut1 a man never advertises for an office1 nor do we know that a man ever solicited a vote for himself4 ,we cannot name the election that produced a dispute1 even in words4 ,it belongs to the unprincipled of other ,states and countries to deride religion and its preachers4 ,it belongs to the coxcombs of courts1 the productions of dancing schools and playhouses1 to ridicule our bashful deportment and simplicity of manners4 ,we revere the ancient institutions of schools and churches in this ,state4 ,we revere the discipline which has given such a mild complexion to the manners of its inhabitants1 and secured private satisfaction and public tranquillity4 ,paper money is the present hobby horse of the ,states1 and every ,state has more or less of the paper madness4 ,what a pity it is mankind will not discern their right hands from their left4 ,cash is scarce1 is the general cry4 ,well1 this proves nothing more than that the balance of trade is against us1 and that we eat1 drink1 and wear more foreign commodities than we can pay for in produce3 ,that is1 we spend more than we earn2 or in other words1 we are poor4 ,but nothing shows the folly of people more1 than their attempts to remedy the evil by a paper currency4 ,this is ignorance1 it is absurdity in the extreme4 ,do not people know that the addition of millions and millions of money does not increase the value of a circulating medium one farthing4 ,do they not know that the value of a medium ought not to be increased beyond a certain ratio1 even if it could be8 and that to increase the circulating cash of one ,state beyond the circulating cash of other ,states1 is a material injury to it4 ,these propositions are as demonstrable as any problem in ,euclid4 ,ten millions of dollars in specie were supposed to be the medium in ,america before the war4 ,congress issued at first five millions in bills4 ,as these came into circulation1 specie went out2 consequently they held their nominal and real value on par1 for the nominal value of the medium was not much increased4 ,congress sent out another sum in bills2 the nominal value of the medium was doubled1 the bills sunk one half1 and the real value of the medium remained the same4 ,this was the subsequent progress2 every emission sunk the real value of bills1 and two hundred millions of dollars were1 in the end1 worth just ten millions in specie1 and no more4 ,towards the close of the war1 the specie in ,america was more than doubled2 it sunk to less than half its former value1 and the paper bills sunk in the same proportion2 from forty to eighty for one1 nearly4 ,we had too much specie in the country1 in the years #aghb and #aghc2 it ruined hundreds of merchants1 and injured the community4 ,but it is said1 we want a circulating medium4 ,this is not true2 we have too much in circulation4 ,the specie and paper now circulating in ,america1 amounts to fifty or sixty millions of dollars2 whereas we want not more than ten or fifteen millions4 ,the paper is therefore sunk in real value1 so as to reduce the real value of the whole medium to that sum which is wanted4 ,we may make millions of paper if we please2 but we shall not add one farthing to the property of the ,state4 ,money is not wealth in a ,state1 but the representativ of wealth4 ,a paper currency may answer a temporary purpose of enabling people to pay debts2 but it is not an advantage even to the debtor1 unless it is depreciated2 and in this case it is an injury to the creditor4 ,if the paper retains its value1 the debtor must sooner or later purchase it with the produce of his labor2 and if it depreciates1 it is the tool of knaves while it circulates2 it ruins thousands of honest unsuspecting people2 it gives the game to the idle speculator1 who is a nuisance to the ,state2 it stabs public credit and private confidence2 and what is worse than all1 it unhinges the obligations which unite mankind4 ,a fluctuation of medium in a ,state makes more fatal ravages among the morals of people1 than a pestilence among their lives4 ,o ,america6 happy would it have been for thy peace1 thy morals1 thy industry1 if1 instead of a depreciation of paper bills and securities1 stamped with public faith1 millions of infernal spirits had been let loose among thy inhabitants6 ,never1 never wilt thou experience the return of industry1 economy1 private confidence and public content1 till every species of depreciated and fluctuating medium shall be annihilated2 till ,legislatures learn to revere justice1 and dread a breach of faith more than the vengeance of vindictiv heaven6 ,americans6 you talk of a scarcity of cash4 ,well1 the only remedy is1 to enable ,congress to place our commerce on a footing with the trade of other nations4 ,foreign ,states have nothing to do with ,massachusetts or ,new ,york4 ,they must make treaties with ,united ,america1 or not make them at all4 ,and while we boast of the independence of particular ,states1 we lose all the benefits of independence4 ,for fear that ,congress would abuse their powers and enrich themselves1 we1 like the dog in the manger1 will not even enrich ourselves4 ,we complain of poverty1 and yet giv the profits of our trade to foreign nations4 ,infatuated men6 ,we have one truth to learn--,that nothing but the absolute power of regulating our commerce1 vested in some federal head1 can ever restore to us cash1 or turn the balance of trade in our favor4 ,new ,york alone1 by its advantageous situation1 is growing rich upon the spoils of her neighbors1 and impoverishing the continent to fill her own treasury4 ,lawyers1 you say1 ,o deluded ,americans6 are an evil4 ,will you always be fools8 ,why lawyers are as good men as others3 ,i venture to say further1 that lawyers in this country have devised and brought about the wisest public measures that any ,state has adopted4 ,my countrymen1 the expense of supporting a hundred lawyers is a very great and a very needless expense4 ,you pay to lawyers and courts every year thirty or forty thousand pounds4 ,a great expense1 indeed6 ,but courts and lawyers are not to be blamed4 ,the people are the cause of the evil1 and they alone1 as individuals1 are able to remedy it4 ,and yet the remedy is very simple4 ,cease to run in debt1 or pay your debts punctually2 then lawyers will cease to exist1 and court houses will be shut4 ,if you wish or expect any other remedy than this1 you certainly will be disappointed4 ,a man1 who purposely rushes down a precipice and breaks his arm1 has no right to say1 that surgeons are an evil in society4 ,a ,legislature may unjustly limit the surgeon's fee2 but the broken arm must be healed1 and a surgeon is the only man to do it4 ,my friends1 learn wisdom4 ,you are peaceable yet1 and let the distractions of your neighbors teach you to preserve your tranquillity4 ,spend less money than you earn1 and you will every day grow richer4 ,never run in debt1 and lawyers will become farmers4 ,never make paper money1 and you will not cheat your citizens1 nor have it to redeem4 ,above all1 pay your public debts1 for independence and the confederation require it4 ,no4 ,,xii4 ,,new ,,haven1 ,,december1 #aghf4 ,,advice to ,,connecticut ,,folks4 ,,my ,,friends1 ,times are hard2 money is scarce2 taxes are high1 and private debts push us4 ,what shall we do8 ,why1 hear a few facts1 stubborn facts1 and then take a bit of advice4 ,in the year #afcg1 our good forefathers declared an offensiv war against the ,pequot ,indians4 ,their troops were ninety men4 ,weathersfield was ordered to furnish a hog for this army1 ,windsor a ram goat1 and ,hartford a hogshead of beer1 and four or five gallons of strong water4#da #da ,see the records of this ,state1 where rum is called strong water4 ,this was soon after the first distilling of spirits1 and rum was not then named4 ,it seems1 however1 that our pious ancestors had a taste for it1 which their posterity have carefully improved4 ,this was ancient simplicity6 ,let us make a little estimation of the expenses annually incurred in ,connecticut4 7,i say incurred1 for we can contract debts1 though we cannot pay them47 ,i will just make a distinction between necessary and unnecessary expenses4 ,necessary4 ,unnecessary4 4 4 4 ,governor's ,salary1 #cjj #cjj ,lieutenant governor's1 #ajj #ajj ,upper house1 attendance and travel1 #fj days a year1 at #ajl4 a day1 #fjj #fjj ,lower house1 attendance and travel1 #agj members1 at #fs4 a day1 #fj days1 #c1jfj #a1ecj #a1ecj ,five judges of the ,superior ,court1 at #bds4 a day1 suppose #aej days1 #ijj #ijj ,forty judges of ,inferior ,courts1 at #is4 a day1 suppose #dj days1 #gbj #gbj ,six thousand actions in the year1 the legal expense of each1 suppose #cl4 #ah1jjj #a1jjj #ag1jjj ,gratuities to #abj lawyers1 suppose #ejl4 each1 #f1jjj #a1jjj #e1jjj ,two hundred clergymen1 at #ajjl4 each1 #bj1jjj #bj1jjj ,five hundred schools1 at #bjl4 a year1 #aj1jjj #aj1jjj ,support of poor1 #aj1jjj #aj1jjj ,bridges and other town expenses1 #aj1jjj #aj1jjj ,contingencies and articles not enumerated1 #aj1jjj #aj1jjj -------- -------- -------- 4#hi1fhj 4#ff1aej 4#bc1ecj -------- -------- -------- ,now comes ,,rum1 my friends4 4 #djj1jjj gallons of rum1 at #ds4 a gallon1 #hj1jjj ,allow for rum drank1 on which excise is not paid1 #ej1jjj gallons1 at #ds4 #aj1jjj -------- 4#ij1jjj ,ninety nine hundredths unnecessary4 ,this is a fact3 ,deny it if you can1 good folks4 ,now1 say not a word about taxes1 judges1 lawyers1 courts1 and women's extravagance4 ,your government1 your courts1 your lawyers1 your clergymen1 your schools1 and your poor1 do not all cost you so much as one paltry article1 which does you little or no good1 but is as destructiv of your lives as fire and brimstone4 ,but let us proceed4 ,a million of pounds of sugar1 estimated by the returns 4 of excise masters1 at #h;d4 #cc1ccc 7,this is double the quantity we want2 but as it is pernicious neither to health nor morals1 ,i let it pass47 #bjj1jjjlb4 of tea1 at #cs4 #f;d4 #ce1jjj #b1jjj ditto hyson1 at #ads4 7,most of these unnecessary47 #a1djj ,coffee1 molasses1 spices1 c4 #aj1jjj ,dry goods1 #bej1jjj --------- 4#cbi1gcc --------- ,the whole settlement will stand thus3 4 ,necessary expenses1 #ff1aej ,unnecessary1 ditto1 #bc1ecj ,rum1 and other distilled spirits1 #ij1jjj ,other foreign articles1 #cbi1gcc --------- 4#eaj1dac --------- ,interest of the federal and ,state debts1 4#acj1jjj --------- ,now1 good people1 ,i have a word of advice for you4 ,i will tell you how to pay your taxes and debts1 without feeling them4 #ast4 ,fee no lawyers4 ,you say lawyers have too high fees4 ,i say they have not4 ,they cost me not one farthing4 ,do as ,i have always done1 and lawyers' fees will be no trouble at all4 ,if ,i want a new coat1 or my wife wants a new gown1 we have agreed to wear the old ones until we have got cash or produce to pay for them4 ,when we buy1 we pay in hand2 we get things cheaper than our neighbors2 merchants never dun us1 and we have no lawyers' fees to pay4 ,when we see sheriffs and duns knocking at the doors of our neighbors1 we laugh at their folly4 ,besides1 ,i keep a little drawer in my desk1 with money enough in it to pay the next tax2 and ,i never touch a farthing until the collector calls4 ,now1 good folks1 if you will take the same method1 you will save out of lawyers' fees and court charges1 on the most moderate calculations1 #bj1jjjl4 a year4 #b;dly4 ,i allow my family but two gallons of rum a year4 ,this is enough for any family1 and too much for most of them4 ,i drink cyder and beer of my own manufacture2 and my wife makes excellent beer1 ,i assure you4 ,i advise you all to do the same4 ,i am astonished at you1 good folks4 ,not a mechanic or a laborer goes to work for a merchant1 but he carries home a bottle of rum4 ,not a load of wood comes to town1 but a gallon bottle is tied to the cart stake to be filled with rum4 ,scarcely a woman comes to town with tow cloth1 but she has a wooden gallon bottle in one side of her saddle bags1 to fill with rum4 ,a stranger would think you to be a nation of ,indians by your thirst for this paltry liquor4 ,take a bit of advice from a good friend of yours4 ,get two gallons of rum in a year2 have two or three frolics of innocent mirth2 keep a little spirit for a medicine1 and let your common drink be the produce or manufacture of this country4 ,this will make a saving of almost #djj1jjj gallons of rum1 or #hj1jjjl4 a year4 #c;dly4 ,never buy any useless clothing4 ,keep a good suit for ,sundays and other public days2 but let your common wearing apparel be good substantial cloths1 and linens of your own manufacture4 ,let your wives and daughters lay aside their plumes4 ,feathers and fripperies suit the ,cherokees or the wench in your kitchen2 but they little become the fair daughters of ,america4#db ,out of the dry goods imported1 you may save #ej1jjjl4 a year4 #db ,i would just mention to my fair readers1 whom ,i love and esteem1 that feathers and other frippery of the head1 are disreputable in ,europe4 ,these savings amount to #aej1jjjl4 a year4 ,this is more than enough to pay the interest of all our public debts4 ,my countrymen1 ,i am not trifling with you3 ,i am serious4 ,you feel the facts ,i state2 you know you are poor1 and ought to know1 the fault is all your own4 ,are you not satisfied with the food and drink which this country affords8 ,the beef1 the pork1 the wheat1 the corn1 the butter1 the cheese1 the cyder1 the beer1 those luxuries which are heaped in profusion upon your tables8 ,if not1 you must expect to be poor4 ,in vain do you wish for mines of gold and silver4 ,a mine would be the greatest curse that could befal this country4 ,there is gold and silver enough in the world1 and if you have not enough of it1 it is because you consume all you earn in useless food and drink4 ,in vain do you wish to increase the quantity of cash by a mint1 or by paper emissions4 ,should it rain millions of joes into your chimnies1 on your present system of expenses1 you would still have no money4 ,it would leave the country in streams4 ,trifle not with serious subjects1 nor spend your breath in empty wishes4 ,reform2 economize4 ,this is the whole of your political duty4 ,you may reason1 speculate1 complain1 raise mobs1 spend life in railing at ,congress and your rulers2 but unless you import less than you export1 unless you spend less than you earn1 you will eternally be poor4 ,no4 ,,xiii4 ,,new ,,york1 ,,december1 #aghg4 ,to the ,,dissenting ,,members of the late ,,convention of ,,pennsylvania4 ,,gentlemen1 ,your long and elaborate publication1 assigning the reasons for your refusing to subscribe the ratification of the new ,federal ,constitution1 has made its appearance in the public papers1 and1 ,i flatter myself1 will be read throughout the ,united ,states4 ,it will feed the flame of opposition among the weak1 the wicked1 the designing1 and the factious2 but it will make many new converts to the proposed government1 and furnish the old friends of it with new weapons of defence4 ,the very attempt to excite uneasiness and disturbance in a ,state1 about a measure legally and constitutionally adopted1 after a long and ample discussion in a convention of the people's delegates1 will create suspicions of the goodness of your cause4 ,my address to you will not be so lengthy as your publication2 your arguments are few1 altho your harangue is long and insidious4 ,you begin with telling the world1 that no defect was discovered in the present confederation1 till after the war4 ,why did you not publish the truth8 ,you know1 gentlemen1 that during six years of the war1 we had no confederation at all4 ,you know that the war commenced in ,april1 #agge1 and that we had no confederation till ,march1 #agha4 ,you know 7for some of you are men of abilities and reading7 or ought to know1 a principle of fear1 in time of war1 operates more powerfully in binding together the ,states which have a common interest1 than all the parchment compacts on earth4 ,could we1 then1 discover the defects of our present confederation1 with two years' experience only1 and an enemy in our country8 ,you know we could not4 ,i will not undertake to detect the falsehood of every assertion1 or the fallacy of all your reasoning on each article4 ,in the most of them the public will anticipate any thing ,i could say1 and confute your arguments as fast as they read them4 ,but1 gentlemen1 your reasoning against the new ,constitution resembles that of ,mr4 ,hume on miracles4 ,you begin with some gratis dicta1 which are denied2 you assume premises which are totally false1 and then reason on them with great address4 ,your whole reasoning1 and that of all the opposers of the federal government1 is built on this false principle1 that the federal ,legislature will be a body distinct from and independent of the people4 ,unless your opposition is grounded on that principle1 it stands on nothing2 and on any other supposition1 your arguments are but declamatory nonsense4 ,but the principle is false4 ,the ,congress1 under the proposed constitution1 will have the same interest as the people2 they are a part of the people2 their interest is inseparable from that of the people2 and this union of interest will eternally remain1 while the right of election shall continue in the people4 ,over this right ,congress will have no control3 ,the time and manner of exercising that right are very wisely vested in ,congress2 otherwise a delinquent ,state might embarrass the measures of the ,union4 ,the safety of the public requires that the federal body should prevent any particular delinquency2 but the right of election is above their control2 it must remain in the people1 and be exercised once in two1 four or six years4 ,a body thus organized1 with thirteen ,legislatures watching their measures1 and several millions of jealous eyes inspecting their conduct1 would not be apt to betray their constituents4 ,yet this is not the best ground of safety4 ,the first and almost only principle that governs men1 is interest4 ,love of our country is a powerful auxiliary motiv to patriotic actions2 but rarely or never operates against private interest4 ,the only requisit to secure liberty1 is to connect the interest of the governors with that of the governed4 ,blend these interests2 make them inseparable1 and both are safe from voluntary invasion4 ,how shall this union be formed8 ,this question is answered4 ,the union is formed by the equal principles on which the people of these ,states hold their property and their rights4 ,but how shall this union of interests be perpetuated8 ,the answer is easy2 bar all perpetuities of estates2 prevent any exclusiv rights2 preserve all preferment dependent on the choice of the people2 suffer no power to exist independent on the people or their representativs4 ,while there exists no power in a ,state1 which is independent of the will of the electors1 the rights of the people are secure4 ,the only barrier against tyranny1 that is necessary in any ,state1 is the election of legislators by the yeomanry of that ,state4 ,preserve that1 and every privilege is safe4 ,the legislators thus chosen to represent the people1 should have all the power that the people would have1 were they assembled in one body to deliberate upon public measures4 ,the distinction between the powers of the people and of their representativs in the ,legislature1 is as absurd in theory1 as it proves pernicious in practice4 ,a distinction1 which has already countenanced and supported one rebellion in ,america2 has prevented many good measures2 has produced many bad2 has created animosities in many ,states1 and embarrassments in all4#dc ,it has taught the people a lesson1 which1 if they continue to practise1 will bring laws into contempt1 and frequently mark our country with blood4 #dc ,some of the bills of rights in ,america declare1 that the people have a right to meet together1 and consult for the public safety2 that their legislators are responsible to them2 that they are servants1 c4 ,such declarations give people an idea1 that as individuals1 or in town meetings1 they have a power paramount to that of the ,legislature4 ,no wonder1 that with such ideas1 they attempt to resist law4 ,you object1 gentlemen1 to the powers vested in ,congress4 ,permit me1 to ask you1 where will you limit their powers8 ,what bounds will you prescribe8 ,you will reply--we will reserve certain rights1 which we deem invaluable1 and restrain our rulers from abridging them4 ,but1 gentlemen1 let me ask you1 how will you define these rights8 would you say1 the liberty of the press shall not be restrained8 ,well1 what is this liberty of the press8 ,is it an unlimited licence to publish any thing and every thing with impunity8 ,if so1 the author and printer of any treatise1 however obscene and blasphemous1 will be screened from punishment4 ,you know1 gentlemen1 that there are books extant1 so shockingly and infamously obscene and so daringly blasphemous1 that no society on earth would be vindicable in suffering the publishers to pass unpunished4 ,you certainly know that such cases have happened1 and may happen again3 ,nay1 you know that they are probable4 ,would not that indefinite expression1 the liberty of the press1 extend to the justification of every possible publication8 ,yes1 gentlemen1 you know1 that under such a general license1 a man who should publish a treatise to prove his ,maker a knave1 must be screened from legal punishment4 ,i shudder at the thought6 ,but the truth must not be concealed4 ,the constitutions of several ,states guarantee that very license4 ,but if you attempt to define the liberty of the press1 and ascertain what cases shall fall within that privilege1 during the course of centuries1 where will you begin8 ,or rather1 where will you end8 ,here1 gentlemen1 you will be puzzled4 ,some publications certainly may be a breach of civil law3 ,you will not have the effrontery to deny a truth so obvious and intuitivly evident4 ,admit that principle2 and unless you can define precisely the cases1 which are1 and are not a breach of law1 you have no right to say1 the liberty of the press shall not be restrained2 for such a license would warrant any breach of law4 ,rather than hazard such an abuse of privilege1 is it not better to leave the right altogether with your rulers and your posterity8 ,no attempts have ever been made by a legislativ body in ,america1 to abridge that privilege2 and in this free enlightened country1 no attempts could succeed1 unless the public should be convinced that an abuse of it would warrant the restriction4 ,should this ever be the case1 you have no right to say1 that a future ,legislature1 or that posterity shall not abridge the privilege1 or punish its abuses4 ,but you say1 that trial by jury is an unalienable right1 that ought not to be trusted with our rulers4 ,why not8 ,if it is such a darling privilege1 will not ,congress be as fond of it1 as their constituents8 ,an elevation into that council1 does not render a man insensible to his privileges1 nor place him beyond the necessity of securing them4 ,a member of ,congress is liable to all the operations of law1 except during his attendance on public business2 and should he consent to a law1 annihilating any right whatever1 he deprives himself1 his family and estate1 of the benefit resulting from that right1 as well as his constituents4 ,this circumstance alone1 is a sufficient security4 ,but1 why this outcry about juries8 ,if the people esteem them so highly1 why do they ever neglect them1 and suffer the trial by them to go into disuse8 ,in some ,states1 ,courts of ,admiralty have no juries1 nor ,courts of ,chancery at all4 ,in the ,city ,courts of some ,states1 juries are rarely or never called1 altho the parties may demand them2 and one ,state1 at least1 has lately passed an act1 empowering the parties to submit both law and fact to the court4 ,it is found1 that the judgment of a court gives as much satisfaction1 as the verdict of a jury2 for the court are as good judges of fact1 as juries1 and much better judges of law4 ,i have no desire to abolish trials by jury1 altho the original design and excellence of them1 is in many cases superseded4 ,while the people remain attached to this mode of deciding causes1 ,i am confident1 that no ,congress can wrest the privilege from them4 ,but1 gentlemen1 our legal proceedings want a reform4 ,involved in all the mazes of perplexity1 which the chicanery of lawyers could invent1 in the course of five hundred years1 our road to justice and redressis tedious1 fatiguing and expensiv4 ,our judicial proceedings are capable of being simplified1 and improved in almost every particular4 ,for mercy's sake1 gentlemen1 do not shut the door against improvement4 ,if the people of ,america1 should ever spurn the shackles of opinion1 and venture to leave the road1 which is so overgrown with briers and thorns1 as to strip a man's clothes from his back as he passes1 ,i am certain they can devise a more easy1 safe1 and expeditious mode of administering the laws1 than that which harasses every poor mortal1 that is wretched enough to want legal justice4 ,in ,states where very respectable merchants1 have repeatedly told me1 they had rather lose a debt of fifty pounds1 than attempt to recover it by a legal process1 one would think that men1 who value liberty and property1 would not restrain any government from suggesting a remedy for such disorders4 ,another right1 which you would place beyond the reach of ,congress1 is the writ of habeas corpus4 ,will you say that this right may not be suspended in any case8 ,you dare not4 ,if it may be suspended in any case1 and the ,congress are to judge of the necessity1 what security have you in a declaration in its favor8 ,you had much better say nothing upon the subject4 ,but you are frightened at a standing army4 ,i beg you1 gentlemen1 to define a standing army4 ,if you would refuse to giv ,congress power to raise troops1 to guard our frontiers1 and garrison forts1 or in short1 to enlist men for any purpose1 then we understand you2 you tie the hands of your rulers1 so that they cannot defend you against any invasion4 ,this is protection1 indeed6 ,but if ,congress can raise a body of troops for a year1 they can raise them for a hundred years1 and your declaration against standing armies can have no other effect1 than to prevent ,congress from denominating their troops1 a standing army4 ,you would only introduce into this country the ,english farce of mechanically passing an annual bill for the support of troops which are never disbanded4 ,you object to the indefinite power of taxation in ,congress4 ,you must then limit the exercise of that power by the sums of money to be raised2 or leaving the sums indefinite1 must prescribe the particular mode in which1 and the articles on which the money is to be raised4 ,but the sums cannot be ascertained1 because the necessities of the ,states cannot be foreseen nor defined4 ,it is beyond even your wisdom and profound knowlege1 gentlemen1 to ascertain the public exigencies1 and reduce them to the provisions of a constitution4 ,and if you would prescribe the mode of raising money1 you will meet with equal difficulty4 ,the different ,states have different modes of taxation1 and ,i question much whether even your skill1 gentlemen1 could invent a uniform system that would fit easy upon every ,state4 ,it must therefore be left to experiment1 with a power that can correct the errors of a system1 and suit it to the habits of the people4 ,and if no uniform mode will answer this purpose1 it will be in the power of ,congress to lay taxes in each ,state1 according to its particular practice4 ,you know that requisitions on the ,states are ineffectual2 that they cannot be rendered effectual1 but by a compulsory power in ,congress2 that without an efficient power to raise money1 government cannot secure person1 property or justice2 that such power is as safely lodged in your ,representativs in ,congress1 as it is in your ,representativs in your distinct ,legislatures4 ,you would likewise restrain ,congress from requiring excessiv bail or imposing excessiv fines and unusual punishment4 ,but unless you can1 in every possible instance1 previously define the words excessiv and unusual2 if you leave the discretion of ,congress to define them on occasion1 any restriction of their power by a general indefinit expression1 is a nullity--mere formal nonsense4 ,what consummate arrogance must you possess1 to presume you can now make better provision for the government of these ,states1 during the course of ages and centuries1 than the future ,legislatures can1 on the spur of the occasion6 ,yet your whole reasoning on the subject implies this arrogance1 and a presumption that you have a right to legislate for posterity6 ,but to complete the list of unalienable rights1 you would insert a clause in your declaration1 that every body shall1 in good weather1 hunt on his own land1 and catch fish in rivers that are public property4 ,here1 gentlemen1 you must have exerted the whole force of your genius6 ,not even the all important subject of legislating for a world1 can restrain my laughter at this clause6 ,as a supplement to that article of your bill of rights1 ,i would suggest the following restriction3--,that ,congress shall never restrain any inhabitant of ,america from eating and drinking1 at seasonable times1 or prevent his lying on his left side1 in a long winter's night1 or even on his back1 when he is fatigued by lying on his right4 ,this article is of just as much consequence as the eighth clause of your proposed bill of rights4 ,but to be more serious1 gentlemen1 you must have had in idea the forest laws in ,europe1 when you inserted that article2 for no circumstance that ever took place in ,america1 could have suggested the thought of a declaration in favor of hunting and fishing4 ,will you forever persist in error8 ,do you not reflect that the state of property in ,america1 is directly the reverse of what it is in ,europe8 ,do you not consider1 that the forest laws in ,europe originated in feudal tyranny1 of which not a trace is to be found in ,america8 ,do you not know that in this country almost every farmer is lord of his own soil8 ,that instead of suffering under the oppression of a monarch and nobles1 a class of haughty masters1 totally independent of the people1 almost every man in ,america is a lord himself1 enjoying his property in fee8 ,where then the necessity of laws to secure hunting and fishing8 ,you may just as well ask for a clause1 giving license for every man to till his own land1 or milk his own cows4 ,the barons in ,europe procured forest laws to secure the right of hunting on their own land1 from the intrusion of those who had no property in lands4 ,but the distribution of land in ,america1 not only supersedes the necessity of any laws upon this subject1 but renders them absolutely trifling4 ,the same laws which secure the property in land1 secure to the owner the right of using it as he pleases4 ,but you are frightened at the prospect of a consolidation of the ,states4 ,i differ from you very widely4 ,i am afraid1 after all our attempts to unite the ,states1 that contending interests1 and the pride of ,state sovereignties1 will either prevent our union1 or render our federal government weak1 slow and inefficient4 ,the danger is all on this side4 ,if any thing under heaven now endangers our liberties and independence1 it is that single circumstance4 ,you harp upon that clause of the new constitution1 which declares1 that the laws of the ,united ,states1 c4 shall be the supreme law of the land2 when you know that the powers of the ,congress are defined1 to extend only to those matters which are in their nature and effects1 general4 ,you know1 the ,congress cannot meddle with the internal police of any ,state1 or abridge its sovereignty4 ,and you know1 at the same time1 that in all general concerns1 the laws of ,congress must be supreme1 or they must be nothing4 ,no4 ,,xiv4 ,,philadelphia1 ,,march1 #aghg4 ,on ,,test ,,laws1 ,,oaths of ,,allegiance and ,,abjuration1 and ,,partial ,,exclusions from ,,office4 ,to change the current of opinion1 is a most difficult task1 and the attempt is often ridiculed4 ,for this reason1 ,i expect the following remarks will be passed over with a slight reading1 and all attention to them cease with a hum4 ,the revisal of the test law has at length passed by a respectable majority of the ,representativs of this ,state4 ,this is a prelude to wiser measures2 people are just awaking from delusion4 ,the time will come 7and may the day be near67 when all test laws1 oaths of allegiance1 abjuration1 and partial exclusions from civil offices1 will be proscribed from this land of freedom4 ,americans6 what was the origin of these discriminations8 ,what is their use8 ,they originated in savage ignorance1 and they are the instruments of slavery4 ,emperors and generals1 who wished to attach their subjects to their persons and government2 who wished to exercise despotic sway over them1 or prosecute villanous wars1 7for mankind have always been butchering each other7 found the solemnity of oaths had an excellent effect on poor superstitious soldiers and vassals2 oracles1 demons1 eclipses2 all the terrifying phenomena of nature1 have at times had remarkable effects in securing the obedience of men to tyrants4 ,oaths of fealty1 and farcical ceremonies of homage1 were very necessary to rivet the chains of feudal vassals2 for the whole system of ,european tenures was erected on usurpation1 and is supported solely by ignorance1 superstition1 artifice1 or military force4 ,oaths of allegiance may possibly be still necessary in ,europe1 where there are so many contending powers contiguous to each other3 ,but what is their use in ,america8 ,to secure fidelity to the ,state1 it will be answered4 ,but where is the danger of defection8 ,will the inhabitants join the ,british in ,nova ,scotia or ,canada8 ,will they rebel8 ,will they join the savages1 and overthrow the ,state8 ,no2 all these are visionary dangers4 ,my countrymen1 if a ,state has any thing to fear from its inhabitants1 the constitution or the laws must be wrong4 ,danger cannot possibly arise from any other cause4 ,permit me to offer a few ideas to your minds2 and let them be the subject of more than one hour's reflection4 ,an oath creates no new obligation4 ,a witness1 who swears to tell the whole truth1 is under no new obligation to tell the whole truth4 ,an oath reminds him of his duty2 he swears to do as he ought to do2 that is1 he adds an express promise to an implied one4 ,a moral obligation is not capable of addition or diminution4 ,when a man steps his foot into a ,state1 he becomes subject to its general laws4 ,when he joins it as a member1 he is subject to all its laws4 ,the act of entering into society1 binds him to submit to its laws1 and to promote its interest4 ,every man1 who livs under a government1 is under allegiance to that government4 ,ten thousand oaths do not increase the obligation upon him to be a faithful subject4 ,but1 it will be asked1 how shall we distinguish between the friends and enemies of the government8 ,i answer1 by annihilating all distinctions4 ,a good constitution1 and good laws1 make good subjects4 ,i challenge the history of mankind to produce an instance of bad subjects under a good government4 ,the test law in ,pensylvania has produced more disorder1 by making enemies in this ,state1 than have cursed all the union besides4 ,during the war1 every thing gave way to force2 but the feelings and principles of war ought to be forgotten in peace4 ,abjuration6 a badge of folly1 borrowed from the dark ages of bigotry4 ,if the government of ,pensylvania is better than that of ,great ,britain1 the subjects will prefer it1 and abjuration is perfectly nugatory4 ,if not1 the subject will have his partialities in spite of any solemn renunciation of a foreign power4 ,but what right has even the ,legislature to deprive any class of citizens of the benefits and emoluments of civil government8 ,if any men have forfeited their lives or estates1 they are no longer subjects2 they ought to be banished or hung4 ,if not1 no law ought to exclude them from civil emoluments4 ,if any have committed public crimes1 they are punishable2 if any have been guilty1 and have not been detected1 the oath1 as it now stands1 obliges them to confess their guilt4 ,to take the oath1 is an implicit acknowlegement of innocence2 to refuse it1 is an implicit confession that the person has aided and abetted the enemy4 ,this is rank despotism4 ,the inquisition can do no more than force confession from the accused4 ,i pray ,god to enlighten the minds of the ,americans4 ,i wish they would shake off every badge of tyranny4 ,americans6--,the best way to make men honest1 is to let them enjoy equal rights and privileges2 never suspect a set of men will be rogues1 and make laws proclaiming that suspicion4 ,leave force to govern the wretched vassals of ,european nabobs1 and reconcile subjects to your own constitutions by their excellent nature and beneficial effects4 ,no man will commence enemy to a government which givs him as many privileges as his neighbors enjoy4 ,no4 ,,xv4 ,,sketches of the ,,rise1 ,,progress and ,,consequences of the late ,,revolution4 ,written in the years #aghg1 #aghh1 and #aghi2 now republished1 with material corrections1 and a ,,letter from the late ,,commander in ,,chief1 explaining the ,circumstances and ,proceedings1 preparatory to the ,capture of ,lord ,,cornwallis4 ,america was originally peopled by uncivilized nations1 which lived mostly by hunting and fishing4 ,the ,europeans1 who first visited these shores1 treating the nativs as wild beasts of the forest1 which have no property in the woods where they roam1 planted the standard of their respectiv masters where they first landed1 and in their names claimed the country by right of discovery4#dd ,prior to any settlement in ,north ,america numerous titles of this kind were acquired by the ,english1 ,french1 ,spanish1 and ,dutch navigators1 who came hither for the purposes of fishing and trading with the nativs4 ,slight as such titles were1 they were afterwards the causes of contention between the ,european nations4 ,the subjects of different princes often laid claim to the same tract of country1 because both had discovered the same river or promontary2 or because the extent of their respectiv claims was indeterminate4 #dd ,as well may the ,new ,zealanders1 who have not yet discovered ,europe1 fit out a ship1 land on the coast of ,england or ,france1 and1 finding no inhabitants but poor fishermen and peasants1 claim the whole country by right of discovery4 ,while the settlements in this vast uncultivated country were inconsiderable and scattered1 and the trade of it confined to the bartering of a few trinkets for furs1 a trade carried on by a few adventurers1 the interfering of claims produced no important controversy among the settlers or the nations of ,europe4 ,but in proportion to the progress of population1 and the growth of the ,american trade1 the jealousies of the nations1 which had made early discoveries and settlements on this coast1 were alarmed2 ancient claims were revived2 and each power took measures to extend and secure its own possessions at the expense of a rival4 ,by the treaty of ,utrecht in #agac1 the ,english claimed a right of cutting logwood in the ,bay of ,campeachy1 in ,south ,america4 ,in the exercise of this right1 the ,english merchants had frequent opportunities of carrying on a contraband trade with the ,spanish settlements on the continent4 ,to remedy this evil1 the ,spaniards resolved to annihilate a claim1 which1 though often acknowleged1 had never been clearly ascertained4 ,to effect this design1 they captured the ,english vessels1 which they found along the ,spanish ,main1 and many of the ,british subjects were doomed to work in the mines of ,potosi4 ,repeated severities of this kind at length 7#agci7 produced a war between ,england and ,spain4 ,porto ,bello was taken from the ,spaniards1 by ,admiral ,vernon4 ,commodore ,anson1 with a squadron of ships1 sailed to the ,south ,seas1 distressed the ,spanish settlements on the western shore of ,america1 and took a galleon1 laden with immense riches4 ,but in #agda a formidable armament1 destined to attack ,carthagena1 under the command of ,lord ,cathcart1 returned unsuccessful1 with the loss of upwards of twelve thousand ,british soldiers and seamen2 and the defeat of the expedition1 raised a clamor against the minister1 ,sir ,robert ,walpole1 which produced a change in the administration4 ,this change removed the scene of war to ,europe1 so that ,america was not immediately affected by the subsequent transactions2 except that ,louisburgh1 the principal fortress of ,cape ,breton1 was taken from the ,french by ,general ,pepperell1 assisted by ,commodore ,warren and a body of ,new ,england troops4 ,this war was ended in #agdh by the treaty of peace signed at ,aix la ,chapelle1 by which restitution was made on both sides of all places taken during the war4 ,peace1 however1 was of short duration4 ,the ,french possessed ,canada1 and had made considerable settlements in ,florida1 claiming the country on both sides of the ,missisippi1 by right of discovery4 ,to secure and extend their claims1 they established a line of forts1 on the ,english possessions1 from ,canada to ,florida4 ,they had secured the important pass at ,niagara1 and erected a fort at the junction of the ,allegany and ,monongahela rivers1 called ,fort ,du ,quesne4 ,they took pains to secure the friendship and assistance of the nativs1 encroachments were made upon the ,english possessions1 and mutual injuries succeeded4 ,the disputes among the settlers in ,america1 and the measures taken by the ,french to command all the trade of the ,st4 ,lawrence river on the north1 and of the ,missisippi on the south1 excited a jealousy in the ,english nation1 which soon broke forth in open war4 ,in #agef1 four expeditions were undertaken in ,america against the ,french4 ,one was conducted by ,general ,monckton1 who had orders to drive the ,french from the encroachments on the province of ,nova ,scotia4 ,this expedition was attended with success4 ,general ,johnson was ordered1 with a body of troops1 to take possession of ,crown ,point1 but he did not succeed4 ,general ,shirley commanded an expedition against the fort at ,niagara1 but lost the season by delay4 ,general ,braddock marched against fort ,du ,quesne1 but in penetrating through the wilderness1 he incautiously fell into an ambuscade and suffered a total defeat4 ,general ,braddock was killed1 but a part of his troops were saved by the prudence and bravery of ,general ,washington1 at this time a ,colonel1 who then began to exhibit proofs of those military talents1 by which he afterwards conducted the armies of ,america to victory1 and his country to independence4 ,the ill success of these expeditions left the ,english settlements in ,america exposed to the depredations of both the ,french and ,indians4 ,but the war now raged in ,europe and the ,east ,indies1 and engaged the attention of both nations in those quarters4 ,it was not until the campaign in #ageh1 that affairs assumed a more favorable aspect in ,america4 ,but upon a change of administration1 ,mr4 ,pitt was appointed ,prime ,minister1 and the operations of war became more vigorous and successful4 ,general ,amherst was sent to take possession of ,cape ,breton2 and after a warm siege1 the garrison of ,louisburgh surrendered by capitulation4 ,general ,forbes was successful in taking possession of fort ,du ,quesne1 which the ,french thought fit to abandon4 ,but ,general ,abercrombie1 who commanded the troops destined to act against the ,french at ,crown ,point and ,ticonderoga1 attacked the lines at ,ticonderoga1 where the enemy were strongly entrenched1 and was defeated with a terrible slaughter of his troops4 ,after his defeat1 he returned to his camp at ,lake ,george4 ,the next year1 more effectual measures were taken to subdue the ,french in ,america4 ,general ,prideaux and ,sir ,william ,johnson began the operations of the campaign by taking the ,french fort near ,niagara4#de ,general ,amherst took possession of the forts at ,crown ,point and ,ticonderoga1 which the ,french had abandoned4 #de ,general ,prideaux was killed by the bursting of a mortar1 before the surrender of the ,french4 ,but the decisiv blow1 which proved fatal to the ,french interests in ,america1 was the defeat of the ,french army1 and the taking of ,quebec1 by the brave general ,wolfe4 ,this hero was slain in the beginning of the action1 on the plains of ,abram1 and ,monsieur ,montcalm1 the ,french commander1 likewise lost his life4 ,the loss of ,quebec was soon followed by the capture of ,montreal1 by ,general ,amherst1 and ,canada has remained ever since in possession of the ,english4 ,colonel ,grant1 in #agfa1 defeated the ,cherokees in ,carolina1 and obliged them to sue for peace4 ,the next year1 ,martinico was taken by ,admiral ,rodney and ,general ,monkton2 and also the islands of ,grenada1 ,st4 ,vincents1 and others4 ,the capture of these was soon followed by the surrender of the ,havanna1 the capital of the island of ,cuba4 ,in #agfc1 a definitiv treaty of peace was concluded at ,paris1 between ,great ,britain1 ,france and ,spain1 by which the ,english ceded to the ,french several islands in the ,west ,indies1 but were confirmed in the possession of all ,north ,america on this side the ,missisippi1 except ,new ,orleans1 and a small district of the neighboring country4 ,but this war1 however brilliant the success1 and glorious the event1 proved the cause of great and unexpected misfortunes to ,great ,britain4 ,engaged with the combined powers of ,france and ,spain1 during several years1 her exertions were surprising1 and her expense immense4 ,to discharge the debts of the nation1 the parliament was obliged to have recourse to new expedients for raising money4 ,previous to the last treaty in #agfc1 the parliament had been satisfied to raise a revenue from the ,american ,colonies by monopoly of their trade4 ,at the beginning of the last war with ,france1 commissioners from many of the colonies had assembled at ,albany1 and proposed that a great council should be formed by deputies from the several colonies1 which1 with a general ,governor to be appointed by the crown1 should be empowered to take measures for the common safety1 and to raise money for the execution of their designs4 ,this proposal was not relished by the ,british ministry2 but in place of this plan1 it was proposed1 that the ,governors of the colonies1 with the assistance of one or two of their council1 should assemble and concert measures for the general defence2 erect forts1 levy troops1 and draw on the treasury of ,england for monies that should be wanted2 but the treasury to be reimbursed by a tax on the colonies1 to be laid by the ,english parliament4 ,to this plan1 which would imply an avowal of the right of parliament to tax the colonies1 the provincial assemblies objected with unshaken firmness4 ,it seems1 therefore1 that the ,british parliament1 before the war1 had it in contemplation to exercise the right they claimed of taxing the colonies at pleasure1 without permitting them to be represented4 ,indeed it is obvious that they laid hold of the alarming situation of the colonies about the year #aged1 and #agee1 to force them into an acknowlegement of the right1 or to the adoption of measures that might afterwards be drawn into precedent4 ,the colonies however1 with an uncommon foresight and firmness1 defeated all their attempts4 ,the war was carried on by requisitions on the colonies for supplies of men and money1 or by voluntary contributions4 ,but no sooner was peace concluded1 than the ,english parliament resumed the plan of taxing the colonies2 and to justify their attempts1 said1 that the money to be raised1 was to be appropriated to defray the expense of defending them in the late war4 ,the first attempt to raise a revenue in ,america appeared in the memorable stamp act1 passed ,march #bb1 #agfe2 by which it was enacted that certain instruments of writing1 as bills1 bonds1 c4 should not be valid in law1 unless drawn on stamped paper1 on which a duty was laid4 ,no sooner was this act published in ,america1 than it raised a general alarm4 ,the people were filled with apprehensions at an act which they supposed an attack on their constitutional rights4 ,the colonies petitioned the king and parliament for a redress of the grievance1 and formed associations for the purpose of preventing the importation and use of ,british manufactures1 until the act should be repealed4 ,this spirited and unanimous opposition of the ,americans produced the desired effect2 and on the #ahth of ,march1 #agff1 the stamp act was repealed4 ,the news of the repeal was received in the colonies with universal joy1 and the trade between them and ,great ,britain was renewed on the most liberal footing4 ,the parliament1 by repealing this act1 so obnoxious to their ,american brethren1 did not intend to lay aside the scheme of raising a revenue in the colonies1 but merely to change the mode4 ,accordingly the next year1 they passed an act1 laying a certain duty on glass1 tea1 paper1 and painters' colors2 articles which were much wanted1 and not manufactured1 in ,america4 ,this act kindled the resentment of the ,americans1 and excited a general opposition to the measure2 so that parliament thought proper in #aggj1 to take off these duties1 except three pence a pound on tea4 ,yet this duty1 however trifling1 kept alive the jealousy of the colonists1 and their opposition to parliamentary taxation continued and increased4 ,but it must be remembered that the inconvenience of paying the duty was not the sole1 nor principal cause of the opposition1 it was the principle which1 once admitted1 would have subjected the colonies to unlimitted parliamentary taxation1 without the privilege of being represented4 ,the right1 abstractly considered1 was denied2 and the smallest attempt to establish the claim by precedent1 was uniformly resisted4 ,the ,americans could not be deceived as to the views of parliament2 for the repeal of the stamp act was accompanied with an unequivocal declaration1 that the parliament had a right to make laws of sufficient validity to bind the colonies in all cases whatsoever4 ,the colonies therefore entered into measures to encourage their own manufactures1 and home productions1 and to retrench the use of foreign superfluities2 while the importation of tea was prohibited4 ,in the royal and proprietary governments1 the ,governors and people were in a state of continual warfare4 ,assemblies were repeatedly called1 and suddenly dissolved4 ,while sitting1 the assemblies employed the time in dating grievances and framing remonstrances4 ,to inflame these discontents1 an act of parliament was passed1 ordaining that the ,governors and ,judges should receive their salaries of the crown2 thus making them independent of the provincial assemblies1 and removeable only at the pleasure of the king4 ,these arbitrary proceedings1 with many others not here mentioned1 could not fail of producing a rupture4 ,the first act of violence1 was the massacre at ,boston1 on the evening of the fifth of ,march1 #aggj4 ,a body of ,british troops had been stationed in ,boston to awe the inhabitants1 and enforce the measures of parliament4 ,on the fatal day1 when blood was to be shed1 as a preclude to more tragic scenes1 a riot was raised among some soldiers and boys2 the former aggressing by throwing snow balls at the latter4 ,the bickerings and jealousies between the inhabitants and soldiers1 which had been frequent before1 now became serious4 ,a multitude was soon collected1 and the controversy became so warm1 that to disperse the people1 the troops were embodied and ordered to fire upon the inhabitants4 ,this fatal order was executed1 and several persons fell a sacrifice4 ,the people restrained their vengeance at the time2 but this wanton act of cruelty and military despotism fanned the flame of liberty2 a flame that was not to be extinguished but by a total separation of the colonies from their oppressiv and hostile parent4 ,in #aggc1 the spirit of the ,americans broke out into open violence4 ,the ,gaspee1 an armed schooner1 belonging to his ,britannic ,majesty1 had been stationed at ,providence1 in ,rhode ,island1 to prevent smuggling4 ,the vigilance of the commander irritated the inhabitants to that degree1 that about two hundred armed men entered the vessel at night1 compelled the officers and men to go on shore1 and set fire to the schooner4 ,a reward of five hundred pounds1 offered by government for apprehending any of the persons concerned in this daring act1 produced no effectual discovery4 ,about this time1 the discovery and publication of some private confidential letters1 written by the royal officers in ,boston1 to persons in office in ,england1 served to confirm the apprehensions of the ,americans1 with respect to the designs of the ,british government4 ,it was now made obvious that more effectual measures would be taken to establish the supremacy of the ,british parliament over the colonies4 ,the letters recommended decisiv measures1 and the writers were charged1 by the exasperated ,americans1 with betraying their trust and the people they governed4 ,as the resolutions of the colonies not to import or consume tea1 had1 in a great measure1 deprived the ,english government of a revenue from this quarter1 the parliament formed a scheme of introducing tea into ,america1 under cover of the ,east ,india company4 ,for this purpose an act was passed1 enabling the company to export all sorts of teas1 duty free1 to any place whatever4 ,the company departed from their usual mode of business and became their own exporters4 ,several ships were freighted with teas1 and sent to the ,american colonies1 and factors were appointed to receive and dispose of their cargoes4 ,the ,americans1 determined to oppose the revenue system of the ,english parliament in every possible shape1 considered the attempt of the ,east ,india company to evade the resolutions of the colonies1 and dispose of teas in ,america1 as an indirect mode of taxation1 sanctioned by the authority of parliament4 ,the people assembled in various places1 and in the large commercial towns1 took measures to prevent the landing of the teas4 ,committees were appointed1 and armed with extensiv powers to inspect merchants' books1 to propose tests1 and make use of other expedients to frustrate the designs of the ,east ,india company4 ,the same spirit pervaded the people from ,new ,hampshire to ,georgia4 ,in some places1 the consignees of the teas were intimidated so far as to relinquish their appointments1 or to enter into engagements not to act in that capacity4 ,the cargo sent to ,south ,carolina was stored1 the consignees being restrained from offering the tea for sale4 ,in other provinces1 the ships were sent back without discharging their cargoes4 ,but in ,boston the tea shared a more violent fate4 ,sensible that no local measures could prevent its being landed1 and that if once landed1 it would be disposed of2 a number of men in disguise1 on the #ahth of ,december #aggc1 entered the ships and threw overboard three hundred and forty chests of it1 which was the proportion belonging to the ,east ,india company4 ,no sooner did the news of this destruction of the tea reach ,great ,britain1 than the parliament determined to punish that devoted town4 ,on the king's laying the ,american papers before them1 a bill was brought in and passed1 to discontinue the landing and discharging1 lading and shipping of goods1 wares and merchandizes at the town of ,boston1 or within the harbor4 ,this act1 passed ,march #be1 #aggd1 called the ,boston port bill1 threw the inhabitants of ,massachusetts into the greatest consternation4 ,the town of ,boston passed a resolution1 expressing their sense of this oppressiv measure1 and a desire that all the colonies would concur to stop all importation from ,great ,britain4 ,most of the colonies entered into spirited resolutions1 on this occasion1 to unite with ,massachusetts in a firm opposition to the unconstitutional measures of the parliament4 ,the first of ,june1 the day on which the port bill was to take place1 was appointed to be kept as a day of humiliation1 fasting and prayer throughout the colonies1 to seek the divine direction and aid1 in that critical and gloomy juncture of affairs4 ,during the height of the consternation and confusion which the ,boston port bill occasioned2 at the very time when a town meeting was sitting to consider of it1 ,general ,gage1 who had been appointed to the government of ,massachusetts1 arrived in the harbor4 ,his arrival however did not allay the popular ferment1 or check the progress of the measures then taking1 to unite the colonies in opposition to the oppressiv act of parliament4 ,but the port bill was not the only act that alarmed the apprehensions of the ,americans4 ,determined to compel the province of ,massachusetts to submit to their laws1 parliament passed an act for the better regulating government in the province of ,massachusetts ,bay4 ,the object of this act was to alter the government1 as it stood on the charter of king ,william1 to take the appointment of the executiv out of the hands of the people1 and place it in the crown2 thus making even the judges and sheriffs dependent on the king1 and removeable only at his pleasure4 ,this act was soon followed by another1 which ordained that any person1 indicted for murder1 or other capital offence1 committed in aiding the magistrates in executing the laws1 might be sent by the governor either to another colony1 or to ,great ,britain for his trial4 ,this was soon followed by the ,quebec bill2 which extended the bounds of that province1 and granted many privileges to the ,roman ,catholics4 ,the object of this bill was1 to secure the attachment of that province to the crown of ,england1 and prevent its joining the colonies in their resistance to the laws of parliament4 ,but these measures did not intimidate the ,americans4 ,on the other hand they served to confirm their former apprehensions of the evil designs of government1 and to unite the colonies in their opposition4 ,a correspondence of opinion with respect to the unconstitutional acts of parliament1 produced a uniformity of proceedings in the colonies4 ,the people generally concurred in a proposition for holding a ,congress by deputation from the several colonies1 in order to concert measures for the preservation of their rights4 ,deputies were accordingly appointed1 and met at ,philadelphia1 on the #bfth of ,october1 #aggd4 ,in this first ,congress1 the proceedings were cool1 deliberate and loyal2 but marked with unanimity and firmness4 ,their first act was a declaration1 or state of their claims as to the enjoyment of all the rights of ,british subjects1 and particularly that of taxing themselves exclusivly1 and of regulating the internal police of the colonies4 ,they also drew up a petition to the king1 complaining of their grievances and praying for a repeal of the unconstitutional and oppressiv acts of parliament4 ,they signed an association to suspend the importation of ,british goods1 and the exportation of ,american produce1 until their grievances should be redressed4 ,they sent an address to the inhabitants of ,great ,britain1 and another to the people of ,america2 in the former of which they enumerated the oppressiv steps of parliament1 and called on their ,british brethren not to aid the ministry in enslaving their ,american subjects2 and in the latter1 they endeavored to confirm the people in a spirited and unanimous determination to defend their constitutional rights4 ,in the mean time1 every thing in ,massachusetts wore the appearance of opposition by force4 ,a new council for the ,governor had been appointed by the crown4 ,new judges were appointed1 and attempted to proceed in the execution of their office4 ,but the juries refused to be sworn under them2 in some counties1 the people assembled to prevent the courts from proceeding to business2 and in ,berkshire they succeeded1 setting an example of resistance that has since been followed1 in violation of the laws of the ,state4 ,in this situation of affairs1 the day for the annual muster of the militia approached4 ,general ,gage1 apprehensiv of some violence1 had the precaution to seize the magazines of ammunition and stores at ,cambridge and ,charlestown1 and lodged them in ,boston4 ,this measure1 with the fortifying of that neck of land which joins ,boston to the main land at ,roxbury1 caused a universal alarm and ferment4 ,several thousand people assembled1 and it was with difficulty they could be restrained from falling upon the ,british troops4 ,on this occasion1 an assembly of delegates from all the towns in ,suffolk county1 was called2 and several spirited resolutions were agreed to4 ,these resolutions were prefaced with a declaration of allegiance2 but they breathed a spirit of freedom that does honor to the delegates4 ,they declared that the late acts of parliament and the proceedings of ,general ,gage1 were glaring infractions of their rights and liberties1 which their duty called them to defend by all lawful means4 ,this assembly remonstrated against the fortification of ,boston neck1 and against the ,quebec bill2 and resolved upon a suspension of commerce1 and encouragement of arts and manufactures1 the holding of a provincial ,congress1 and a submission to the measures which should be recommended by the ,continental ,congress4 ,they recommended that the collectors of taxes should not pay any money into the treasury1 without further orders2 they also recommended peace and good order1 as they meant to act merely upon the defensiv4 ,in answer to their remonstrance1 ,general ,gage assured them that he had no intention to prevent the free egress and regress of the inhabitants to and from the town of ,boston1 and that he would not suffer any person under his command to injure the person or property of any of his majesty's subjects4 ,previous to this1 a ,general ,assembly had been summoned to meet2 and notwithstanding the writs had been countermanded by the ,governor's proclamation1 on account of the violence of the times and the resignation of several of the new counsellors1 yet representativs were chosen by the people1 who met at ,salem1 resolved themselves into a provincial ,congress1 and adjourned to ,concord4 ,this ,congress addressed the ,governor with a rehearsal of their distresses1 and took the necessary steps for defending their rights4 ,they regulated the militia1 made provision for supplying the treasury1 and furnishing the people with arms2 and such was the enthusiasm and union of the people1 that the recommendations of the provincial ,congress had the force of laws4 ,general ,gage was incensed at these measures2 he declared1 in his answer to the address1 that ,britain could never harbor the black design of enslaving her subjects1 and published a proclamation in which he insinuated that such proceedings amounted to rebellion4 ,he also ordered barracks to be erected for the soldiers2 but he found difficulty in procuring laborers1 either in ,boston or ,new ,york4 ,in the beginning of #agge1 the fishery bills were passed in parliament1 by which the colonies were prohibited to trade with ,great ,britain1 ,ireland or the ,west ,indies1 or to take fish on the banks of ,newfoundland4 ,in the distresses to which these acts of parliament reduced the town of ,boston1 the unanimity of the colonies was remarkable1 in the large supplies of provision1 furnished by the inhabitants of different towns from ,new ,hampshire to ,georgia1 and shipped to the relief of the sufferers4 ,preparations began to be made1 to oppose by force1 the execution of these acts of parliament4 ,the militia of the country were trained to the use of arms2 great encouragement was given for the manufacture of gunpowder1 and measures were taken to obtain all kinds of military stores4 ,in ,february1 ,colonel ,leslie was sent with a detachment of troops from ,boston1 to take possession of some cannon at ,salem4 ,but the people had intelligence of the design1 took up the draw bridge in that town1 and prevented the troops from passing1 until the cannon were secured2 so that the expedition failed4 ,in ,april1 ,colonel ,smith1 and ,major ,pitcairn were sent with a body of about nine hundred troops1 to destroy the military stores which had been collected at ,concord1 about twenty miles from ,boston4 ,it is believed1 that another object of this expedition1 was to seize on the persons of ,messrs4 ,hancock and ,adams1 who1 by their spirited exertions1 had rendered themselves very obnoxious to ,general ,gage4 ,at ,lexington1 the militia were collected on a green1 to oppose the incursion of the ,british forces4 ,these were fired upon by the ,british troops1 and eight men killed on the spot4 ,the militia were dispersed1 and the troops proceeded to ,concord2 where they destroyed a few stores4 ,but on their return1 they were incessantly harrassed by the ,americans1 who1 inflamed with just resentment1 fired upon them from houses and fences1 and pursued them to ,boston4 ,the loss of the ,british in this expedition1 in killed1 wounded and prisoners1 was two hundred and seventy three men4 ,here was spilt the first blood in the late war2 a war which severed ,america from the ,british empire4 ,lexington opened the first scene of this great drama1 which1 in its progress1 exhibited the most illustrious characters and events1 and closed with a revolution1 equally glorious for the actors1 and important in its consequences to mankind4 ,this battle roused all ,america4 ,the militia collected from all quarters1 and ,boston1 in a few days was besieged by twenty thousand men4 ,a stop was put to all intercourse between the town and country1 and the inhabitants were reduced to great want of provisions4 ,general ,gage promised to let the people depart1 if they would deliver up their arms4 ,the people complied2 but when the ,general had obtained their arms1 the perfidious man refused to let the people go4 ,in the mean time1 a small number of men1 to the amount of about two hundred and forty1 under the command of ,colonel ,allen1 and ,colonel ,easton1 without any public orders1 surprised and took the ,british garrisons at ,ticonderoga and ,crown ,point1 without the loss of a man on either side4 ,during these transactions1 the ,generals ,howe1 ,burgoyne1 and ,clinton1 arrived at ,boston from ,england1 with a number of troops4 ,in ,june following1 our troops attempted to fortify ,bunker's hill1 which lies near ,charlestown1 and but a mile and an half from ,boston4 ,they had1 during the night1 thrown up a small breast work1 which sheltered them from the fire of the ,british cannon4 ,but the next morning1 the ,british army was sent to drive them from the hill1 and1 landing under cover of their cannon1 they set fire to ,charlestown1 which was consumed1 and marched to attack our troops in the entrenchments4 ,a severe engagement ensued1 in which the ,british1 according to their own accounts1 had seven hundred and forty killed1 and eleven hundred and fifty wounded4 ,they were repulsed at first1 and thrown into disorder2 but they finally carried the fortification1 with the point of the bayonet4 ,the ,americans suffered a small loss1 compared with the ,british2 the whole loss in killed1 wounded1 and prisoners1 being but about four hundred and fifty4 ,the loss most lamented on this bloody day1 was that of ,dr4 ,warren1 who was at this time a ,major ,general1 and commanded the troops on this occasion4 ,he died like a brave man1 fighting valiantly at the head of his party1 in a little redoubt at the right of our lines4 ,general ,warren1 who had rendered himself conspicuous by his universal merit1 abilities1 and eloquence1 had been a delegate to the first general ,congress1 and was at this time ,president of the provincial ,congress of ,massachusetts4 ,but quitting the humane and peaceable walk of his profession as a physician1 and breaking through the endearing ties of family connexions1 he proved himself equally calculated for the field1 as for public business or private study4 ,about this1 time1 the ,continental ,congress appointed ,george ,washington1 ,esq4 a nativ of ,virginia1 to the chief command of the ,american arm4 ,this gentleman had been a distinguished and successful officer in the preceding war1 and he seemed destined by heaven to be the savior of his country4 ,he accepted the appointment with a diffidence which was a proof of his prudence and his greatness4 ,he refused any pay for eight years laborious and arduous service2 and by his matchless skill1 fortitude and perseverance1 conducted ,america thro indescribeable difficulties1 to independence and peace4 ,while true merit is esteemed1 or virtue honored1 mankind will never cease to revere the memory of this ,hero2 and while gratitude remains in the human breast1 the praises of ,,washington shall dwell on every ,american tongue4 ,general ,washington1 with other officers appointed by ,congress1 arrived at ,cambridge1 and took command of the ,american army in ,july4 ,from this time1 the affairs of ,america began to assume the appearance of a regular and general opposition to the forces of ,great ,britain4 ,in autumn1 a body of troops1 under the command of ,general ,montgomery1 besieged and took the garrison at ,st4 ,john's1 which commands the entrance into ,canada4 ,the prisoners amounted to about seven hundred4 ,general ,montgomery pursued his success1 and took ,montreal2 and designed to push his victories to ,quebec4 ,a body of troops1 commanded by ,general ,arnold1 was ordered to march to ,canada1 by the river ,kennebeck1 and through the wilderness4 ,after suffering every hardship1 and the most distressing hunger1 they arrived in ,canada1 and were joined by ,general ,montgomery1 before ,quebec4 ,this city1 which was commanded by ,governor ,carleton1 was immediately besieged4 ,but there being little hope of taking the town by a siege1 it was determined to storm it4 ,the attack was made on the last day of ,december1 but proved unsuccessful1 and fatal to the brave ,general1 who1 with his aid1 was killed in attempting to scale the walls4 ,of the three divisions which attacked the town1 one only entered1 and that was obliged to surrender to superior force4 ,after this defeat1 ,general ,arnold1 who now commanded the troops1 continued some months before ,quebec1 altho his troops suffered incredibly by cold and sickness4 ,but the next spring1 the ,americans were obliged to retreat from ,canada4 ,about this time1 the large and flourishing town of ,norfolk1 in ,virginia1 was wantonly burnt by order of lord ,dunmore1 the then royal ,governor of that province4 ,general ,gage went to ,england in ,september1 and was succeeded in the command1 by ,general ,howe4 ,falmouth1 a considerable town in the province of ,maine1 in ,massachusetts1 shared the fate of ,norfolk2 being laid in ashes by order of the ,british admiral4 ,the ,british king entered into treaties with some of the ,german princes for about seventeen thousand men1 who were to be sent to ,america the next year1 to assist in subduing the colonies4 ,the parliament also passed an act1 forbidding all intercourse with ,america2 and while they repealed the ,boston port and fishery bills1 they declared all ,american property on the high seas1 forfeited to the captors4 ,this act induced ,congress to change the mode of carrying on the war2 and measures were taken to annoy the enemy in ,boston4 ,for this purpose1 batteries were opened on several hills1 from whence shot and bombs were thrown into the town4 ,but the batteries which were opened on ,dorchester point had the best effect1 and soon obliged ,general ,howe to abandon the town4 ,in ,march1 #aggf1 the ,british troops embarked for ,halifax1 and ,general ,washington entered the town in triumph4 ,in the ensuing summer1 a small squadron of ships commanded by ,sir ,peter ,parker1 and a body of troops under the ,generals ,clinton and ,cornwallis1 attempted to take ,charleston1 the capital of ,south ,carolina4 ,the ships made a violent attack upon the fort on ,sullivan's ,island1 but were repulsed with great loss1 and the expedition was abandoned4 ,in ,july1 ,congress published their declaration of independence1 which separated ,america from ,great ,britain4 ,this great event took place two hundred and eighty four years after the first discovery of ,america by ,columbus2 one hundred and sixty six1 from the first effectual settlement in ,virginia2 and one hundred and fifty six from the first settlement of ,plymouth1 in ,massachusetts1 which were the earliest ,english settlements in ,america4 ,just after this declaration1 ,general ,howe with a powerful force arrived near ,new ,york1 and landed the troops upon ,staten ,island4 ,general ,washington was in ,new ,york with about thirteen thousand men1 who were encamped either in the city or the neighboring fortifications4 ,the operations of the ,british began by the action on ,long ,island1 in the month of ,august4 ,the ,americans were defeated1 and ,general ,sullivan and lord ,sterling1 with a large body of men1 were made prisoners4 ,the night after the engagement1 a retreat was ordered1 and executed with such silence1 that the ,americans left the island without alarming their enemies1 and without loss4 ,in ,september1 the city of ,new ,york was abandoned by the ,american army1 and taken by the ,british4 ,in ,november1 ,fort ,washington1 on ,york ,island1 was taken1 and more than two thousand men made prisoners4 ,fort ,lee1 opposit to ,fort ,washington1 on the ,jersey shore1 was soon after taken1 but the garrison escaped4 ,about the same time1 ,general ,clinton was sent with a body of troops to take possession of ,rhode ,island2 and succeeded4 ,in addition to all these losses and defeats1 the ,american army suffered by desertion1 and more by sickness1 which was epidemic1 and very mortal4 ,the northern army at ,ticonderoga1 was in a disagreeable situation1 particularly after the battle on ,lake ,champlain1 in which the ,american force1 consisting of a few light vessels1 under the command of ,generals ,arnold and ,waterbury1 was totally dispersed4 ,but ,general ,carleton1 instead of pursuing his victory1 landed at ,crown ,point1 reconnoitered our posts at ,ticonderoga and ,mount ,independence1 and returned to winter quarters in ,canada4 ,the ,american army might now be said to be no more4 ,all that now remained of an army1 which at the opening of the campaign1 amounted to at least twenty five thousand men1 did not now exceed three thousand4 ,the term of their engagements being expired1 they returned1 in large bodies1 to their families and friends2 the few1 who from personal attachment1 local circumstances1 or superior perseverance and bravery1 continued with the ,generals ,washington and ,lee1 were too inconsiderable to appear formidable in the view of a powerful and victorious enemy4 ,in this alarming and critical situation of affairs1 ,general ,lee1 through an imprudent carelessness1 which ill became a man in his important station1 was captured by a party of the ,british light horse1 commanded by ,colonel ,harcourt2 this unfortunate circumstance gave a severe shock to the remaining hopes of the little army1 and rendered their situation truly distressing4 ,while these things were transacting in ,new ,jersey1 ,general ,washington1 far from being discouraged by the loss of ,general ,lee1 and always ready to improve every advantage to raise the drooping spirits of his handful of men1 had made a stand on the ,pensylvania side of the ,delaware4 ,here he collected his scattered forces1 called in the assistance of the ,pensylvania militia1 and on the night of the #beth of ,december1 7#aggf7 when the enemy were lulled into security by the idea of his weakness1 and by the inclemency of the night1 which was remarkably boisterous1 as well as by the fumes of a ,christmas eve1 he crossed the river1 and at the breaking of day1 marched down to ,trenton1 and so completely surprised them1 that the greater part of the detachment which were stationed at this place1 surrendered after a short resistance4 ,the horsemen and a few others made their escape at the opposit end of the town4 ,upwards of nine hundred ,hessians were taken prisoners at this time4 ,this successful expedition first gave a favorable turn to our affairs1 which1 after this1 seemed to brighten thro the whole course of the war4 ,soon after1 ,general ,washington attacked the ,british troops at ,princeton1 and obtained a complete victory2 not1 however1 without being bravely opposed by ,colonel ,mawhood4 ,the address in planning and executing these enterprises1 reflected the highest honor on the commander1 and the success revived the desponding hopes of ,america4 ,the loss of ,general ,mercer1 a gallant officer1 at ,princeton1 was the principal circumstance that allayed the joys of victory4 ,the following year1 #aggg1 was distinguished by very memorable events1 in favor of ,america4 ,on the opening of the campaign1 ,governor ,tryon was sent with a body of troops1 to destroy the stores at ,danbury1 in ,connecticut4 ,this plan was executed1 and the town mostly burnt4 ,the enemy suffered in their retreat1 and the ,americans lost ,general ,wooster1 a brave and experienced officer4 ,general ,prescot was taken from his quarters1 on ,rhode ,island1 by the address and enterprise of ,colonel ,barton1 and conveyed prisoner to the continent4 ,general ,burgoyne1 who commanded the northern ,british army1 took possession of ,ticonderoga1 which had been abandoned by the ,americans4 ,he pushed his successes1 crossed ,lake ,george1 and encamped upon the banks of the ,hudson1 near ,saratoga4 ,his progress1 however1 was checked1 by the defeat of ,colonel ,baum1 near ,bennington1 in which the undisciplined militia of ,vermont1 under ,general ,stark1 displayed unexampled bravery1 and captured almost the whole detachment4 ,the militia assembled from all parts of ,new ,england1 to stop the progress of ,general ,burgoyne4 ,these1 with the regular troops1 formed a respectable army1 commanded by ,general ,gates4 ,after two severe actions1 in which the ,generals ,lincoln and ,arnold1 behaved with uncommon gallantry1 and were wounded1 ,general ,burgoyne found himself enclosed with brave troops1 and was forced to surrender his whole army1 amounting1 according to some1 to ten thousand1 and according to others1 to five thousand seven hundred and fifty two men1 into the hands of the ,americans4 ,this memorable event happened on the #agth of ,october1 #aggg2 and diffused an universal joy over ,america1 and laid a foundation for the treaty with ,france4 ,but before these transactions1 the main body of the ,british forces had embarked at ,new ,york1 sailed up the ,chesapeak1 and landed at the head of ,elk river4 ,the army soon began their march for ,philadelphia4 ,general ,washington had determined to oppose them1 and for this purpose made a stand1 first at ,red ,clay ,creek1 and then upon the heights1 near ,brandywine ,creek4 ,here the armies engaged1 and the ,americans were overpowered1 and suffered great loss4 ,the enemy soon pursued their march1 and took possession of ,philadelphia towards the close of ,september4 ,not long after1 the two armies were again engaged at ,germantown1 and in the beginning of the action1 the ,americans had the advantage2 but by some unlucky accident1 the fortune of the day was turned in favor of the ,british4 ,both sides suffered considerable losses2 on the side of the ,americans1 was ,general ,nash4 ,in an attack upon the forts at ,mud ,island and ,red ,bank1 the ,hessians were unsuccessful1 and their commander1 ,colonel ,donop1 killed4 ,the ,british also lost the ,augusta1 a ship of the line4 ,but the forts were afterwards taken1 and the navigation of the ,delaware opened4 ,general ,washington was reinforced1 with part of the troops which had composed the northern army1 under ,general ,gates2 and both armies retired to winter quarters4 ,in ,october1 the same month in which ,general ,burgoyne was taken at ,saratoga1 ,general ,vaughan1 with a small fleet1 sailed up ,hudson's river1 and wantonly burnt ,kingston1 a beautiful ,dutch settlement1 on the west side of the river4 ,the beginning of the next year1 #aggh1 was distinguished by a treaty of alliance between ,france and ,america2 by which we obtained a powerful and generous ally4 ,when the ,english ministry were informed that this treaty was on foot1 they dispatched commissioners to ,america1 to attempt a reconciliation4 ,but ,america would not now accept their offers4 ,early in the spring1 ,count de ,estaing1 with a fleet of fifteen sail of the line1 was sent by the court of ,france to assist ,america4 ,general ,howe left the army1 and returned to ,england2 the command then devolved upon ,sir ,henry ,clinton4 ,in ,june1 the ,british army left ,philadelphia1 and marched for ,new ,york4 ,on their march they were annoyed by the ,americans2 and at ,monmouth1 a very regular action took place1 between part of the armies2 the enemy were repulsed with great loss1 and had ,general ,lee obeyed his orders1 a signal victory must have been obtained4 ,general ,lee1 for his ill conduct that day1 was suspended1 and was never afterwards permitted to join the army4 ,general ,lee's conduct1 at several times before this1 had been very suspicious4 ,in ,december #aggf1 he lay at ,chatham1 about eleven miles from ,elizabeth ,town1 with a brigade of troops1 when a great quantity of baggage was stored at ,elizabeth ,town1 under a guard of only five hundred ,hessians4 ,general ,lee was apprised of this1 and might have surprised the guard and taken the baggage4 ,but he neglected the opportunity1 and after several marches and counter marches between ,troy1 ,chatham and ,morristown1 he took up his quarters at or near ,white's tavern1 where he was surprised and taken prisoner by a party of the ,british horse4 ,he was heard to say repeatedly1 that ,general ,washington would ruin a fine army4 ,it was suspected that he had designs to supplant the ,general1 and his friends attempted to place him at the head of the army4 ,general ,washington's prudent delays and cautious movements afforded ,general ,lee's friends many opportunities to spread reports unfavorable to his character4 ,it was insinuated1 with some success1 that ,general ,washington wanted courage and abilities4 ,reports of this kind1 at one time1 rendered ,general ,lee very popular1 and it is supposed he wished to frustrate ,general ,washington's plans1 in order to increase the suspicions already entertained of his generalship1 and turn the public clamor in his own favor4 ,his conduct at ,monmouth1 must have proceeded from such a design2 for he commanded the flower of the ,american army1 and was not destitute of courage4 ,in ,august1 ,general ,sullivan1 with a large body of troops1 attempted to take possession of ,rhode ,island1 but did not succeed4 ,soon after1 the stores and shipping at ,bedford in ,massachusetts1 were burnt by a party of the ,british troops4 ,the same year1 ,savannah1 then the capital of ,georgia1 was taken by the ,british1 under the command of ,colonel ,campbell4 ,in the following year 7#aggi7 ,general ,lincoln was appointed to the command of the southern army4 ,governor ,tryon and ,sir ,george ,collier made an incursion into ,connecticut1 and burnt1 with wanton barbarity1 the towns of ,fairfield and ,norwalk4 ,but the ,american arms were crowned with success1 in a bold attack upon ,stoney ,point1 which was surprised and taken by ,general ,wayne1 in the night of the #aeth of ,july4 ,five hundred men were made prisoners1 with little loss on either side4 ,a party of ,british forces attempted this summer1 to build a fort on ,penobscot river1 for the purpose of cutting timber in the neighboring forests4 ,a plan was laid by ,massachusetts1 to dislodge them1 and a considerable fleet collected for the purpose4 ,but the plan failed of success1 and the whole marine force fell into the hands of the ,british1 except some vessels which were burnt by the ,americans themselves4 ,in ,october1 ,general ,lincoln and ,count de ,estaing made an assault upon ,savannah2 but they were repulsed with considerable loss4 ,in this action1 the celebrated ,polish ,count ,pulaski1 who had acquired the reputation of a brave soldier1 was mortally wounded4 ,in this summer1 ,general ,sullivan marched with a body of troops1 into the ,indians' country1 and burnt and destroyed all their provisions and settlements that fell in their way4 ,on the opening of the campaign1 the next year1 7#aghj7 the ,british troops left ,rhode ,island4 ,an expedition under ,general ,clinton and ,lord ,cornwallis1 was undertaken against ,charleston1 ,south ,carolina1 where ,general ,lincoln commanded4 ,this town1 after a close siege of about six weeks1 was surrendered to the ,british commander2 and ,general ,lincoln1 and the whole ,american garrison were made prisoners4 ,general ,gates was appointed to the command in the southern department1 and another army collected4 ,in ,august1 ,lord ,cornwallis attacked the ,american troops at ,camden1 in ,south ,carolina1 and routed them with considerable loss4 ,he afterwards marched through the southern ,states1 and supposed them entirely subdued4 ,the same summer1 the ,british troops made frequent incursions from ,new ,york into the ,jersies2 ravaging and plundering the country4 ,in ,july1 a ,french fleet1 under ,monsieur d',ternay1 with a body of land forces1 commanded by ,count de ,rochambeau1 arrived at ,rhode ,island1 to the great joy of the ,americans4 ,this year was also distinguished by the infamous treason of ,general ,arnold4 ,general ,washington having some business to transact at ,wethersfield1 in ,connecticut1 left ,arnold to command the important post of ,west ,point2 which guards a pass in ,hudson's river1 about sixty miles from ,new ,york4 ,arnold's conduct in the city of ,philadelphia1 the preceding winter1 had been censured2 and the treatment he received in consequence1 had given him offence4 ,he determined to take revenge2 and for this purpose1 he entered into a negociation with ,sir ,henry ,clinton1 to deliver ,west ,point1 and the army1 into the hands of the ,british4 ,while ,general ,washington was absent1 he dismounted the cannon in some of the forts1 and took other steps to render the taking of the post easy for the enemy4 ,but by a providential discovery1 the whole plan was defeated4 ,major ,andre1 aid to ,general ,clinton1 a brave officer1 who had been sent up the river as a spy1 to concert the plan of operations with ,arnold1 was taken1 condemned by a court martial1 and executed4 ,arnold made his escape1 by getting on board the ,vulture1 a ,british vessel1 which lay in the river4 ,his conduct has stamped him with infamy2 and1 like all traitors1 he is despised by all mankind4 ,general ,washington arrived in camp just after ,arnold had made his escape1 and restored order in the garrison4 ,after the defeat of ,general ,gates in ,carolina1 ,general ,greene was appointed to the command in the southern department4 ,from this period1 things in that quarter wore a more favorable aspect4 ,colonel ,tarleton1 the activ commander of the ,british legion1 was defeated by ,general ,morgan1 the intrepid commander of the rifle men4 ,after a variety of movements1 the two armies met at ,guilford1 in ,carolina4 ,here was one of the best fought actions during the war4 ,general ,greene and ,lord ,cornwallis exerted themselves at the head of their respectiv armies2 and although the ,americans were obliged to retire from the field of battle1 yet the ,british army suffered an immense loss1 and could not pursue the victory4 ,this action happened on the #aeth ,march1 #agha4 ,in the spring1 ,arnold the traitor1 who was made a ,brigadier ,general in the ,british service1 with a small number of troops1 sailed for ,virginia1 and plundered the country4 ,this called the attention of the ,french fleet to that quarter2 and a naval engagement took place between the ,english and ,french1 in which some of the ,english ships were much damaged1 and one entirely disabled4 ,after the battle of ,guilford1 ,general ,greene moved towards ,south ,carolina1 to drive the ,british from their posts in that ,state4 ,here ,lord ,rawdon obtained an inconsiderable advantage over the ,americans1 near ,camden4 ,but ,general ,greene more than recovered this advantage1 by the brilliant and successful action at the ,eutaw ,springs2 where ,general ,marian distinguished himself1 and the brave ,colonel ,washington was wounded and taken prisoner4 ,lord ,cornwallis1 finding ,general ,greene successful in ,carolina1 marched to ,virginia1 collected his forces1 and fortified himself in ,yorktown4 ,in the mean time ,arnold made an incursion into ,connecticut1 burnt a part of ,new ,london1 took ,fort ,griswold by storm1 and put the garrison to the sword4 ,the garrison consisted chiefly of men suddenly collected from the little town of ,groton1 which1 by the savage cruelty of the ,british officer who commanded the attack1 lost1 in one hour1 almost all its heads of families4 ,the brave ,colonel ,ledyard1 who commanded the fort1 was slain with his own sword1 after he had surrendered4 ,the ,marquis de la ,fayette1 the brave and generous nobleman1 whose services command the gratitude of every ,american1 had been dispatched with about two thousand light infantry1 from the main army1 to watch the motions of lord ,cornwallis in ,virginia4 ,he prosecuted this expedition with the greatest military ability4 ,although his force was much inferior to that of the enemy1 he obliged them to leave ,richmond and ,williamsburgh1 and to seek protection under their shipping4 ,about the last of ,august1 ,count de ,grasse arrived with a large fleet in the ,chesapeak1 and blocked up the ,british troops at ,yorktown4 ,admiral ,greaves1 with a ,british fleet1 appeared off the ,capes1 and an action succeeded2 but it was not decisiv4 ,general ,washington had before this time moved the main body of his army1 together with the ,french troops1 to the southward2 and as soon as he heard of the arrival of the ,french fleet in the ,chesapeak1 he made rapid marches to the head of ,elk1 where embarking1 the troops soon arrived at ,yorktown4 ,a close siege immediately commenced1 and was carried on with such vigor1 by the combined forces of ,america and ,france1 that lord ,cornwallis was obliged to surrender4 ,this glorious event which took place on the #aith of ,october1 #agha1 decided the contest in favor of ,america2 and laid the foundation of a general peace4#df #df ,it has been controverted whether the capture of ,general ,cornwallis was the result of a plan preconcerted between ,general ,washington and ,count de ,grasse2 or rather whether the arrival of the ,count in the ,chesapeak was predetermined and expected by ,general ,washington1 and consequently all the preparations to attack ,new ,york a mere finesse to deceive the enemy2 or whether the real intention was against ,new ,york1 and the siege of ,yorktown planned upon the unexpected arrival of the ,french fleet in the bay4 ,the following letter will let the matter in its true light4 ,mount ,vernon1 ,july #ca1 #aghh4 ,,sir1 ,i duly received your letter of the #adth instant1 and can only answer you briefly and generally from memory2 that a combined operation of the land and naval forces of ,france in ,america1 for the year #agha1 was preconcerted the year before2 that the point of attack was not absolutely agreed upon1b because it could not be foreknown where the enemy would be most susceptible of impression2 and because we 7having the command of the water with sufficient means of conveyance7 could transport ourselves to any spot with the greatest celerity2 that it was determined by me1 nearly twelve months before hand1 at all hazards1 to give out and cause it to be believed by the highest military as well as civil officers1 that ,new ,york was the destined place of attack1 for the important purpose of inducing the eastern and middle ,states to make greater exertions in furnishing specific supplies1 than they otherwise would have done1 as well as for the interesting purpose of rendering the enemy less prepared elsewhere2 that by these means1 and these alone1 artillery1 boats1 stores1 and provisions1 were in seasonable preparation to move with the utmost rapidity to any part of the continent2 for the difficulty consisted more in providing1 than knowing how to apply the military apparatus2 that before the arrival of the ,count de ,grasse1 it was the fixed determination to strike the enemy in the most vulnerable quarter1 so as to ensure success with moral certainty1 as our affairs were then in the most ruinous train imaginable2 that ,new ,york was thought to be beyond our effort1 and consequently that the only hesitation that remained1 was between an attack upon the ,british army in ,virginia and that in ,charleston3 ,and finally1 that1 by the intervention of several communications1 and some incidents which cannot be detailed in a letter1 the hostile post in ,virginia1 from being a provisional and strongly expected1 became the definitiv and certain object of the campaign4 b ,because it would be easy for the ,count de ,grasse1 in good time before his departure from the ,west ,indies1 to giv notice1 by expressing at what place he could most conveniently first touch to receive advice4 ,i only add1 that it never was in contemplation to attack ,new ,york1 unless the garrison should first have been so far degarnished to carry on the southern operations1 as to render our success in the siege of that place1 as infallible as any future military event can ever be made4 ,for ,i repeat it1 and dwell upon it again1 some splendid advantage 7whether upon a larger or smaller scale was almost immaterial7 was so essentially necessary1 to revive the expiring hopes and languid exertions of the country1 at the crisis in question1 that ,i never would have consented to embark in any enterprise1 wherein1 from the most rational plan and accurate calculations1 the favorable issue should not have appeared as clear to my view as a ray of light4 ,the failure of an attempt against the posts of the enemy1 could1 in no other possible situation during the war1 have been so fatal to our cause4 ,that much trouble was taken and finesse used to misguide and bewilder ,sir ,henry ,clinton1 in regard to the real object1 by fictitious communications1 as well as by making a deceptiv provision of ovens1 forage1 and boats1 in his neighborhood1 is certain3 ,nor were less pains taken to deceive our own army2 for ,i had always conceived1 where the imposition did not completely take place at home1 it could never sufficiently succeed abroad4 ,your desire of obtaining truth1 is very laudable2 ,i wish ,i had more leisure to gratify it1 as ,i am equally solicitous the undisguised verity should be known4 ,many circumstances will unavoidably be misconceived and misrepresented4 ,notwithstanding most of the papers1 which may properly be deemed official1 are preserved2 yet the knowlege of innumerable things1 of a more delicate and secret nature1 is confined to the perishable remembrance of some few of the present generation4 ,with esteem1 ,i am1 ,sir1 your most obedient humble servant1 ,g4 ,,washington4 ,to ----4 ,a few months after the surrender of ,cornwallis1 the ,british evacuated all their posts in ,south ,carolina and ,georgia1 and retired to the main army in ,new ,york4 ,the next spring1 7#aghb7 ,sir ,guy ,carleton arrived in ,new ,york1 and took the command of the ,british army1 in ,america4 ,immediately on his arrival1 he acquainted ,general ,washington and ,congress1 that negociations for a peace had been commenced at ,paris4 ,on the #cjth of ,november1 #aghb1 the provisional articles of peace were signed at ,paris2 by which ,great ,britain acknowleged the independence and sovereignty of the ,united ,states of ,america2 and these articles were afterwards ratified by a definitiv treaty4 ,thus ended a long and arduous conflict1 in which ,great ,britain expended near an hundred millions of money1 with an hundred thousand lives1 and won nothing4 ,america endured every cruelty and distress from her enemies2 lost many lives and much treasure2 but delivered herself from a foreign dominion1 and gained a rank among the nations of the earth4 ,holland acknowleged the independence of the ,united ,states on the #aith of ,april1 #aghb2 ,sweden1 ,february #eth1 #aghc2 ,denmark1 the #beth of ,february2 ,spain1 in ,march1 and ,russia in ,july1 #aghc4 ,no sooner was peace restored by the definitiv treaty1 and the ,british troops withdrawn from the country1 than the ,united ,states began to experience the defects of their general government4 ,while an enemy was in the country1 fear1 which had first impelled the colonies to associate in mutual defence1 continued to operate as a band of political union4 ,it gave to the resolutions and recommendations of ,congress the force of laws1 and generally commanded a ready acquiescence on the part of the ,state legislatures4 ,articles of confederation and perpetual union had been framed in ,congress1 and submitted to the consideration of the ,states1 in the year #aggh4 ,some of the ,states immediately acceded to them2 but others1 which had not unappropriated lands1 hesitated to subscribe a compact1 which would giv an advantage to the ,states which possessed large tracts of unlocated lands1 and were thus capable of a great superiority in wealth and population4 ,all objections however had been overcome1 and by the accession of ,maryland in ,march1 #agha1 the articles of confederation were ratified1 as the frame of government for the ,united ,states4 ,these articles1 however were framed during the rage of war1 when a principle of common safety supplied the place of a coerciv power in government2 by men who could have had no experience in the art of governing an extensiv country1 and under circumstances the most critical and embarrassing4 ,to have offered to the people at that time1 a system of government armed with the powers necessary to regulate and control the contending interests of thirteen ,states1 and the possessions of millions of people1 might have raised a jealousy between the ,states or in the minds of the people at large1 that would have weakened the operations of war1 and perhaps have rendered a union impracticable4 ,hence the numerous defects of the confederation4 ,on the conclusion of peace1 these defects began to be felt4 ,each ,state assumed the right of disputing the propriety of the resolutions of ,congress1 and the interest of an individual ,state was placed in opposition to the common interest of the union4 ,in addition to this source of division1 a jealousy of the powers of ,congress began to be excited in the minds of people4 ,this jealousy of the privileges of freemen1 had been roused by the oppressiv acts of the ,british parliament2 and no sooner had the danger from this quarter ceased1 than the fears of people changed their object1 and were turned against their own rulers4 ,in this situation1 there were not wanting men of industry and talents1 who had been enemies to the revolution1 and who embraced the opportunity to multiply the apprehensions of people and increase the popular discontents4 ,a remarkable instance of this happened in ,connecticut4 ,as soon as the tumults of war had subsided1 an attempt was made to convince the people1 that the act of ,congress passed in #aggh1 granting to the officers of the army1 half pay for life1 was highly unjust and tyrannical2 and that it was but the first step towards the establishment of pensions and an uncontrolable despotism4 ,the act of ,congress1 passed in #aghc1 commuting half pay for life for five years full pay1 was designed to appease the apprehensions of people1 and to convince them that this gratuity was intended merely to indemnify the officers for their losses by the depreciation of the paper currency2 and not to establish a precedent for the granting of pensions4 ,this act1 however1 did not satisfy the people1 who supposed that the officers had been generally indemnified for the loss of their pay1 by the grants made them from time to time by the legislatures of the several ,states4 ,besides the act1 while it gave five years full pay to the officers1 allowed but one year's pay to the privates2 a distinction which had great influence in exciting and continuing the popular ferment1 and one that turned a large share of the public rage against the officers themselves4 ,the moment an alarm was raised respecting this act of ,congress1 the enemies of our independence became activ in blowing up the flame1 by spreading reports unfavorable to the general government1 and tending to create public dissensions4 ,newspapers1 in some parts of the country1 were filled with inflammatory publications2 while false reports and groundless insinuations were industriously circulated to the prejudice of ,congress and the officers of the late army4 ,among a people feelingly alive to every thing that could affect the rights for which they had been contending1 these reports could not fail of having a powerful effect2 the clamor soon became general2 the officers of the army1 it was believed1 had attempted to raise their fortunes on the distresses of their fellow citizens1 and ,congress become the tyrants of their country4 ,connecticut was the seat of this uneasiness2 altho other ,states were much agitated on the occasion4 ,but the inhabitants of that ,state1 accustomed to order and a due subordination to the laws1 did not proceed to outrages2 they took their usual mode of collecting the sense of the ,state2 assembled in town meetings2 appointed committees to meet in convention1 and consult what measures should be adopted to procure a redress of their grievances4 ,in this convention1 which was held at ,middletown1 some nugatory resolves were passed1 exploiting a disapprobation of the half pay act1 and the subsequent commutation of the grant for five years whole pay4 ,the same spirit also discovered itself in the assembly1 at their ,october session1 in #aghc4 ,a remonstrance against the acts in favor of the officers1 was framed in the house of representativs1 and notwithstanding the upper house refused to concur in the measure1 it was sent to ,congress4 ,during this situation of affairs1 the public odium against the officers1 was augmented by another circumstance4 ,the officers1 just before the disbanding of the army1 had formed a society1 called by the name of the ,cincinnati1 after the ,roman ,dictator1 ,cincinnatus1 which1 it was said1 was intended to perpetuate the memory of the revolution1 the friendship of the officers1 and the union of the ,states2 and also to raise a fund for the relief of poor widows and orphans1 whose husbands and fathers had fallen during the war1 and for their descendants4 ,the society was divided into ,state societies1 which were to meet on the #dth of ,july1 and with other business1 depute a number of their members to convene annually in general meeting4 ,the members of the institution were to be distinguished by wearing a medal1 emblematical of the design of the society1 and the honors and advantages were to be hereditary in the eldest male heirs1 and in default of male issue1 in the collateral male heirs4 ,honorary members were to be admitted1 but without the hereditary advantages of the society1 and provided their number would never exceed the ratio of one to four of the officers or their descendants4 ,whatever were the real views of the framers of this institution1 its design was generally understood to be harmless and honorable4 ,the ostensible views of the society could not however skreen it from popular jealousy4 ,a spirited pamphlet appeared in ,south ,carolina1 the avowed production of ,mr4 ,burke1 one of the judges of the supreme court in that ,state1 in which the author attempted to prove that the principles1 on which the society was formed1 would1 in process of time1 originate and establish an order of nobility in this country1 which would be repugnant to the genius of our republican governments1 and dangerous to liberty4 ,this pamphlet appeared in ,connecticut1 during the commotions raised by the half pay and commutation acts1 and contributed not a little to spread the flame of opposition4 ,nothing could exceed the odium which prevailed at this time1 against the men who had hazarded their persons and properties in the revolution4 ,notwithstanding the discontents of the people were general1 and ready to burst forth in sedition1 yet men of information1 viz4 the officers of government1 the clergy1 and persons of liberal education1 were mostly opposed to the unconstitutional steps taken by the committees and convention at ,middletown4 ,they supported the propriety of the measures of ,congress1 both by conversation and writing1 proved that such grants to the army were necessary to keep the troops together1 and that the expense would not be enormous nor oppressiv4 ,during the close of the year #aghc1 every possible exertion was made to enlighten the people1 and such was the effect of the arguments used by the minority1 that in the beginning of the following year1 the opposition subsided1 the committees were dismissed1 and tranquillity restored to the ,state4 ,in ,may1 the legislature were able to carry several measures which had before been extremely unpopular4 ,an act was passed1 granting the import of five per cent4 to ,congress2 another giving great encouragement to commerce1 and several towns were incorporated with extensiv privileges1 for the purpose of regulating the exports of the ,state1 and facilitating the collection of debts4 ,the opposition to the ,congressional acts in favor of the officers1 and to the order of the ,cincinnati1 did not rise to the same pitch in the other ,states as in ,connecticut2 yet it produced much disturbance in ,massachusetts1 and some others4 ,jealousy of power had been universally spread among the people of the ,united ,states4 ,the destruction of the old forms of governments1 and the licentiousness of war had1 in a great measure1 broken their habits of obedience2 their passions had been inflamed by the cry of despotism2 and like centinels1 who have been suddenly surprised by the approach of an enemy1 the rustling of a leaf was sufficient to giv them an alarm4 ,this spirit of jealousy1 which has not yet subsided1 and which will probably continue visible during the present generation1 operated with other causes to relax the energy of our federal operations4 ,during the war1 vast sums of paper currency had been emitted by ,congress1 and large quantities of specie had been introduced1 towards the close of the war1 by the ,french army1 and the ,spanish trade4 ,this plenty of money enabled the ,states to comply with the first requisitions of ,congress2 so that during two or three years1 the federal treasury was1 in some measure1 supplied4 ,but when the danger of war had ceased1 and the vast importations of foreign goods had lessened the quantity of circulating specie1 the ,states began to be very remiss in furnishing their proportion of monies4 ,the annihilation of the credit of the paper bills had totally stopped their circulation1 and the specie was leaving the country in cargoes1 for remittances to ,great ,britain2 still the luxurious habits of the people1 contracted during the war1 called for new supplies of goods1 and private gratification seconded the narrow policy of ,state interest in defeating the operations of the general government4 ,thus the revenues of ,congress were annually diminishing2 some of the ,states wholly neglecting to make provision for paying the interest of the national debt2 others making but a partial provision1 until the scanty supplies received from a few of the rich ,states1 would hardly satisfy the demands of the civil list4 ,this weakness of the federal government1 in conjunction with the flood of certificates or public securities1 which ,congress could neither fund nor pay1 occasioned them to depreciate to a very inconsiderable value4 ,the officers and soldiers of the late army were obliged to receive for wages these certificates1 or promissary notes1 which passed at a fifth1 or eighth1 or a tenth of their nominal value2 being thus deprived at once of the greatest part of the reward due for their services4 ,some indeed profited by speculations in these evidences of the public debt2 but such as were under a necessity of parting with them1 were robbed of that support which they had a right to expect and demand from their countrymen4 ,pensylvania indeed made provision for paying the interest of her debts1 both ,state and federal2 assuming her supposed proportion of the continental debt1 and giving the creditors her own ,state notes in exchange for those of the ,united ,states4 ,the resources of that ,state are immense1 but she has not been able to make punctual payments1 even in a depreciated paper currency4 ,massachusetts1 in her zeal to comply fully with the requisitions of ,congress1 and satisfy the demands of her own creditors1 laid a heavy tax upon the people4 ,this was the immediate cause of the rebellion in that ,state1 in #aghf4 ,but a heavy debt lying on the ,state1 added to burdens of the same nature1 upon almost every incorporation within it2 a decline1 or rather an extinction of public credit2 a relaxation and corruption of manners1 and a free use of foreign luxuries2 a decay of trade and manufactures1 with a prevailing scarcity of money2 and1 above all1 individuals involved in debt to each other3 ,these were the real1 though more remote causes of the insurrection4 ,it was the tax which the people were required to pay1 that caused them to feel evils which we have enumerated3 ,this called forth all their other grievances2 and the first act of violence committed1 was the burning or destroying of a tax bill4 ,this sedition threw the ,state into a convulsion which lasted about a year2 courts of justice were violently obstructed2 the collection of debts was suspended2 and a body of armed troops1 under the command of ,general ,lincoln1 was employed during the winter of #aghf1 to disperse the insurgents4 ,yet so numerous were the latter in the counties of ,worcester1 ,hampshire and ,berkshire1 and so obstinately combined to oppose the execution of law by force1 that the ,governor and ,council of the ,state thought proper not to intrust ,general ,lincoln with military powers1 except to act on the defensiv1 and to repel force with force1 in case the insurgents should attack him4 ,the leaders of the rebels however were not men of talents2 they were desperate1 but without fortitude2 and while they were supported with a superior force1 they appeared to be impressed with that consciousness of guilt1 which awes the most daring wretch1 and makes him shrink from his purpose4 ,this appears by the conduct of a large party of the rebels before the magazine at ,springfield2 where ,general ,shepard with a small guard1 was stationed to protect the continental stores4 ,the insurgents appeared upon the plain1 with a vast superiority of numbers1 but a few shot from the artillery made the multitude retreat in disorder1 with the loss of four men4 ,this spirited conduct of ,general ,shepard1 with the industry1 perseverance and prudent firmness of ,general ,lincoln1 dispersed the rebels1 drove the leaders from the ,state1 and restored tranquillity4 ,an act of indemnity was passed in the ,legislature for all the insurgents1 except a few leaders1 on condition they should become peaceable subjects1 and take the oath of allegiance4 ,the leaders afterwards petitioned for pardon1 which1 from motivs of policy1 was granted by the ,legislature4 ,but the loss of public credit1 popular disturbances1 and insurrections1 were not the only evils which were generated by the peculiar circumstances of the times4 ,the emissions of bills of credit and tender laws1 were added to the black catalogue of political disorders4 ,the expedient of supplying the deficiencies of specie1 by emissions of paper bills1 was adopted very early in the colonies4 ,the expedient was obvious and produced good effects4 ,in a new country1 where population is rapid1 and the value of lands increasing1 the farmer finds an advantage in paying legal interest for money2 for if he can pay the interest by his profits1 the increasing value of his lands will1 in a few years1 discharge the principal4 ,in no colony was this advantage more sensibly experienced than in ,pensylvania4 ,the emigrants to that province were numerous2 the natural population rapid2 and these circumstances combined1 advanced the value of real property to an astonishing degree4 ,as the first settlers there1 as well as in other provinces1 were poor1 the purchase of a few foreign articles drained them of specie4 ,indeed for many years1 the balance of trade must have necessarily been greatly against the colonies4 ,but bills of credit1 emitted by the ,state and loaned to the industrious inhabitants1 supplied the want of specie1 and enabled the farmer to purchase stock4 ,these bills were generally a legal tender in all colonial or private contracts1 and the sums issued did not generally exceed the quantity requisit for a medium of trade2 they retained their full nominal value in the purchase of commodities4 ,but as they were not received by the ,british merchants1 in payment for goods1 there was a great demand for specie and bills1 which occasioned the latter at various times to appreciate4 ,thus was introduced a difference between the ,english sterling money and the currencies of the colonies which remains to this day4#dg #dg ,a dollar1 in sterling money1 is #ds#f4 ,but the price of a dollar rose in ,new ,england currency to #fs2 in ,new ,york to #hs2 in ,new ,jersey1 ,pensylvania and ,maryland to #gs#f2 in ,virginia to #fs2 in ,north ,carolina to #hs2 in ,south ,carolina and ,georgia to #ds#h4 ,this difference1 originating between paper and specie1 or bills1 continued afterwards to exist in the nominal estimation of gold and silver4 ,franklin's ,miscel4 ,works1 p4 #bag4 ,the advantages the colonies had derived from bills of credit1 under the ,british government1 suggested to ,congress1 in #agge1 the idea of issuing bills for the purpose of carrying on the war4 ,and this was perhaps their only expedient4 ,money could not be raised by taxation2 it could not be borrowed4 ,the first emissions had no other effect upon the medium of commerce1 than to drive the specie from circulation4 ,but when the paper substituted for specie1 had1 by repeated millions1 augmented the sum in circulation1 much beyond the usual sum of specie1 the bills began to lose their value4 ,the depreciation continued in proportion to the sums emitted1 until seventy1 and even one hundred and fifty nominal paper dollars1 were hardly an equivalent for one ,spanish milled dollar4 ,still from the year #agge to #agha1 this depreciating paper currency was almost the only medium of trade4 ,it supplied the place of specie1 and enabled ,congress to support a numerous army2 until the sum in circulation amounted to two hundred millions of dollars4 ,but about the year #aghj1 specie began to be plentiful1 being introduced by the ,french army1 a private trade with the ,spanish islands1 and an illicit intercourse with the ,british garrison at ,new ,york4 ,this circumstance accelerated the depreciation of the paper bills1 until their value had sunk almost to nothing4 ,in #agha1 the merchants and brokers in the southern ,states1 apprehensiv of the approaching fate of the currency1 pushed immense quantities of it suddenly into ,new ,england1 made vast purchases of goods in ,boston1 and instantly the bills vanished from circulation4 ,the whole history of this continental paper is a history of public and private frauds4 ,old specie debts were often paid in a depreciated currency1 and even new contracts for a few weeks or days were often discharged with a small part of the value received4 ,from this plenty and fluctuating state of the medium1 sprung hosts of speculators and itinerant traders1 who left their honest occupations for the prospect of immense gains1 in a fraudulent business1 that depended on no fixed principles1 and the profits of which could be reduced to no certain calculations4 ,to increase these evils1 a project was formed to fix the prices of articles1 and restrain persons from giving or receiving more for any commodity than the price stated by authority4 ,these regulating acts were reprobated by every man acquainted with commerce and finance2 as they were intended to prevent an effect without removing the cause4 ,to attempt to fix the value of money1 while streams of bills were incessantly flowing from the treasury of the ,united ,states1 was as ridiculous as an attempt to restrain the rising of water in rivers amidst showers of rain4 ,notwithstanding all opposition1 some ,states framed and attempted to enforce these regulating acts4 ,the effect was1 a momentary apparent stand in the price of articles2 innumerable acts of collusion and evasion among the dishonest2 numberless injuries done to the honest2 and finally a total disregard of all such regulations1 and the consequential contempt of laws and the authority of the magistrate4 ,during these fluctuations of business1 occasioned by the variable value of money1 people lost sight1 in some measure1 of the steady principles which had before governed their intercourse with each other4 ,speculations followed and relaxed the rigor of commercial obligations4 ,industry likewise had suffered by the flood of money which had deluged the ,states4 ,the prices of produce had risen in proportion to the quantity of money in circulation1 and the demand for the commodities of the country4 ,this made the acquisition of money easy1 and indolence and luxury1 with their train of desolating consequences1 spread themselves among all descriptions of people4 ,but as soon as hostilities between ,great ,britain and ,america were suspended1 the scene was changed4 ,the bills emitted by ,congress had long before ceased to circulate2 and the specie of the country was soon drained off to pay for foreign goods1 the importations of which exceeded all calculation4 ,within two years from the close of the war1 a scarcity of money was the general cry4 ,the merchants found it impossible to collect their debts1 and make punctual remittances to their creditors in ,great ,britain2 and the consumers were driven to the necessity of retrenching their superfluities in living and of returning to their ancient habits of industry and economy4 ,this change was however progressiv and slow4 ,in many of the ,states which suffered by the numerous debts they had contracted1 and by the distresses of war1 the people called aloud for emissions of paper bills to supply the deficiency of a medium4 ,the depreciation of the continental bills1 was a recent example of the ill effects of such an expedient1 and the impossibility of supporting the credit of paper1 was urged by the opposers of the measure as a substantial argument against adopting it4 ,but nothing would silence the popular clamor2 and many men of the first talents and eminence1 united their voices with that of the populace4 ,paper money had formerly maintained its credit1 and been of singular utility2 and past experience1 notwithstanding a change of circumstances1 was an argument in its favor that bore down all opposition4 ,pensylvania1 although one of the richest ,states in the union1 was the first to emit bills of credit1 as a substitute for specie4 ,but the revolution had removed the necessity of it1 at the same time that it had destroyed the means by which its former credit had been supported4 ,lands1 at the close of the war1 were not rising in value2 bills on ,london could not so readily be purchased1 as while the province was dependent on ,great ,britain2 the ,state was split into parties1 one of which attempted to defeat the measures most popular with the other2 and the depreciation of continental bills1 with the injuries which it had done to individuals1 inspired a general distrust of all public promises4 ,notwithstanding a part of the money was loaned on good landed security1 and the faith of that wealthy ,state pledged for the redemption of the whole at its nominal value1 yet the advantages of specie as a medium of commerce1 especially as an article of remittance to ,london1 soon made a difference of ten per cent4 between the bills of credit and specie4 ,this difference may be considered rather as an appreciation of gold and silver1 than a depreciation of paper2 but its effects1 in a commercial ,state1 must be highly prejudicial4 ,it opens the door to frauds of all kinds1 and frauds are usually practised on the honest and unsuspecting1 especially upon all classes of laborers4 ,this currency of ,pensylvania is receivable in all payments at the custom house1 and for certain taxes1 at its nominal value2 yet it has sunk to two thirds of this value1 in the few commercial transactions where it is received4 ,north ,carolina1 ,south ,carolina1 and ,georgia1 had recourse to the same wretched expedient to supply themselves with money2 not reflecting that industry1 frugality1 and good commercial laws are the only means of turning the balance of trade in favor of a country1 and that this balance is the only permanent source of solid wealth and ready money4 ,but the bills they emitted shared a worse fate than those of ,pensylvania2 they expelled almost all the circulating cash from the ,states2 they lost a great part of their nominal value2 they impoverished the merchants1 and embarrassed the planters4 ,the ,state of ,virginia had too much wisdom to emit bills2 but tolerated a practice among the inhabitants of cutting dollars and smaller pieces of silver1 in order to prevent it from leaving the ,state4 ,this pernicious practice prevailed also in ,georgia4#dh #dh ,a dollar was usually cut in five pieces1 and each passed by toll for a quarter2 so that the man who cut it gained a quarter1 or rather a fifth4 ,if the ,state should recoin this silver1 it must lose a fifth4 ,maryland escaped the calamity of a paper currency4 ,the house of delegates brought forward a bill for the emission of bills of credit to a large amount2 but the senate firmly and successfully resisted the pernicious scheme4 ,the opposition between the two houses was violent and tumultuous2 it threatened the ,state with anarchy2 but the question was carried to the people1 and the good sense of the senate finally prevailed4 ,new ,jersey is situated between two or the largest commercial towns in ,america1 and consequently drained of specie4 ,this ,state also emitted a large sum in bills of credit1 which served to pay the interest of the public debt2 but the currency depreciated1 as in other ,states4 ,rhode ,island exhibits a melancholy proof of that licentiousness and anarchy which always follows a relaxation of the moral principles4 ,in a rage for supplying the ,state with money1 and filling every man's pocket without obliging him to earn it by his diligence1 the ,legislature passed an act for making one hundred thousand pounds in bills2 a sum much more than sufficient for a medium of trade in that ,state1 even without any specie4 ,the merchants in ,newport and ,providence opposed the act with firmness2 their opposition added fresh vigour to the resolution of the assembly1 and induced them to inforce the scheme by a legal lender of a most extraordinary nature4 ,they passed an act1 ordaining that if any creditor should refuse to take their bills1 for any debt whatever1 the debtor might lodge the sum due1 with a justice of the peace1 who should giv notice of it in the public papers2 and if the creditor did not appear and receive the money within six months from the first notice1 his debt should be forfeited4 ,this act astonished all honest men1 and even the promoters of paper money making in other ,states1 and on other principles1 reprobated this act of ,rhode ,island1 as wicked and oppressiv4 ,but the ,state was governed by faction4 ,during the cry for paper money1 a number of boisterous ignorant men1 were elected into the ,legislature1 from the smaller towns in the ,state4 ,finding themselves united with a majority in opinion1 they formed and executed any plan their inclination suggested2 they opposed every measure that was agreeable to the mercantile interest2 they not only made bad laws to suit their own wicked purposes1 but appointed their own corrupt creatures to fill the judicial and executiv departments4 ,their money depreciated sufficiently to answer all their vile purposes in the discharge of debts2 business almost totally ceased2 all confidence was lost2 the ,state was thrown into confusion at home1 and was execrated abroad4 ,massachusetts ,bay had the good fortune1 amidst her political calamities1 to prevent an emission of bills of credit4 ,new ,hampshire made no paper2 but in the distresses which followed her loss of business after the war1 the ,legislature made horses1 lumber1 and most articles of produce a legal tender in the fulfilment of contracts4 ,it is doubtless unjust to oblige a creditor to receive any thing for his debt1 which he had not in contemplation at the time of the contract4 ,but as the commodities which were to be a tender by the law of ,new ,hampshire1 were of an intrinsic value1 bearing some proportion to the amount of the debt1 the injustice of the law was less flagrant1 than that which enforced the tender of paper in ,rhode ,island4 ,indeed a similar law prevailed for some time in ,massachusetts2 and in ,connecticut it is optional with the creditor1 either to imprison the debtor1 or take land on an execution1 at a price to be fixed by three indifferent freeholders2 provided no other means of payment shall appear to satisfy the demand4 ,it must not however be omitted1 that while the most flourishing commercial ,states introduced a paper medium1 to the great injury of honest men1 a bill for an emission of paper in ,connecticut1 where there is very little specie1 could never command more than one eighth of the votes of the ,legislature4 ,the movers of the bill have hardly escaped ridicule2 so generally is the measure reprobated as a source of fraud and public mischief4 ,the ,legislature of ,new ,york1 a ,state that had the least necessity and apology for making paper money1 as her commercial advantages always furnish her with specie sufficient for a medium1 issued a large sum in bills of credit1 which support their value better than the currency of any other ,state4 ,still the paper has raised the value of specie1 which is always in demand for exportation1 and this difference of exchange between paper and specie1 exposes commerce to most of the inconveniencies resulting from a depreciated medium4 ,such is the history of paper money thus far2 a miserable substitute for real coin1 in a country where the reins of government are too weak to compel the fulfilment of public engagements2 and where all confidence in public faith is totally destroyed4 ,while the ,states were thus endeavoring to repair the loss of specie1 by empty promises1 and to support their business by shadows1 rather than by reality1 the ,british ministry formed some commercial regulations that deprived them of the profits of their trade to the ,west ,indies and to ,great ,britain4 ,heavy duties were laid upon such articles as were remitted to the ,london merchants for their goods1 and such were the duties upon ,american bottoms1 that the ,states were almost wholly deprived of the carrying trade4 ,a prohibition was laid upon the produce of the ,united ,states1 shipped to the ,english ,west ,india ,islands in ,american built vessels1 and in those manned by ,american seamen4 ,these restrictions fell heavy upon the eastern ,states1 which depended much upon ship building for the support of their trade2 and they materially injured the business of the other ,states4 ,without a union that was able to form and execute a general system of commercial regulations1 some of the ,states attempted to impose restraints upon the ,british trade that should indemnify the merchant for the losses he had suffered1 or induce the ,british ministry to enter into a commercial treaty1 and relax the rigor of their navigation laws4 ,these measures however produced nothing but mischief4 ,the ,states did not act in concert1 and the restraints laid on the trade of one ,state operated to throw the business into the hands of its neighbor4 ,massachusetts1 in her zeal to counteract the effect of the ,english navigation laws1 laid enormous duties upon ,british goods imported into that ,state2 but the other ,states did not adopt a similar measure2 and the loss of business soon obliged that ,state to repeal or suspend the law4 ,thus when ,pensylvania laid heavy duties on ,british goods1 ,delaware and ,new ,jersey made a number of free ports to encourage the landing of goods within the limits of those ,states2 and the duties in ,pensylvania served no purpose1 but to create smuggling4 ,thus divided1 the ,states began to feel their weakness4 ,most of the ,legislatures had neglected to comply with the requisitions of ,congress for furnishing the federal treasury2 the resolves of ,congress were disregarded2 the proposition for a general import to be laid and collected by ,congress was negatived first by ,rhode ,island1 and afterwards by ,new ,york4 ,the ,british troops continued1 under pretence of a breach of treaty on the part of ,america1 to hold possession of the forts on the frontiers of the ,states1 and thus commanded the fur trade4 ,many of the ,states individually were infested with popular commotions or iniquitous tender laws1 while they were oppressed with public debts2 the certificates or public notes had lost most of their value1 and circulated merely as the objects of speculation2 ,congress lost their respectability1 and the ,united ,states their credit and importance4 ,in the midst of these calamities1 a proposition was made in #aghe1 in the house of delegates1 in ,virginia1 to appoint commissioners1 to meet such as might be appointed in the other ,states1 who should form a system of commercial regulations for the ,united ,states1 and recommend it to the several ,legislatures for adoption4 ,commissioners were accordingly appointed and a request was made to the ,legislatures of the other ,states to accede to the proposition4 ,accordingly several of the ,states appointed commissioners1 who met at ,annapolis in the summer of #aghf1 to consult what measures should be taken to unite the ,states in some general and efficient commercial system4 ,but as the ,states were not all represented1 and the powers of the commissioners were1 in their opinion1 too limited to propose a system of regulations adequate to the purposes of government1 they agreed to recommend a general convention to be held at ,philadelphia the next year1 with powers to frame a general plan of government for the ,united ,states4 ,this measure appeared to the commissioners absolutely necessary4 ,the old confederation was essentially defectiv4 ,it was destitute of almost every principle necessary to giv effect to legislation4 ,it was defectiv in the article of legislating over ,states1 instead of individuals4 ,all history testifies that recommendations will not operate as laws1 and compulsion cannot be exercised over ,states1 without violence1 war and anarchy4 ,the confederation was also destitute of a sanction to its laws4 ,when resolutions were passed in ,congress1 there was no power to compel obedience by fine1 by suspension of privileges or other means4 ,it was also destitute of a guarantee for the ,state governments4 ,had one ,state been invaded by its neighbor1 the union was not constitutionally bound to assist in repelling the invasion1 and supporting the constitution of the invaded ,state4 ,the confederation was further deficient in the principle of apportioning the quotas of money to be furnished by each ,state2 in a want of power to form commercial laws1 and to raise troops for the defence and security of the union2 in the equal suffrage of the ,states1 which placed ,rhode ,island on a footing in ,congress with ,virginia2 and to crown all the defects1 we may add the want of a judiciary power1 to define the laws of the union1 and to reconcile the contradictory decisions of a number of independent judicatories4 ,these and many inferior defects were obvious to the commissioners1 and therefore they urged a general convention1 with powers to form and offer to the consideration of the ,states1 a system of general government that should be less exceptionable4 ,accordingly in ,may1 #aghg1 delegates from all the ,states1 except ,rhode ,island1 assembled at ,philadelphia2 and chose ,general ,washington for their president4 ,after four months deliberation1 in which the clashing interests of the several ,states1 appeared in all their force1 the convention agreed to recommend a plan of federal government1 c4 ,as soon as the plan of the federal constitution was submitted to the ,legislatures of the several ,states1 they proceeded to take measures for collecting the sense of the people upon the propriety of adopting it4 ,in the small ,state of ,delaware1 a convention was called in ,november1 which1 after a few days deliberation1 ratified the constitution1 without a dissenting voice4 ,in the convention of ,pensylvania1 held the same month1 there was a spirited opposition to the new form of government4 ,the debates were long and interesting4 ,great abilities and firmness were displayed on both sides2 but1 on the #acth of ,december1 the constitution was received by two thirds of the members4 ,the minority were dissatisfied1 and with an obstinacy that ill became the representativs of a free people1 published their reasons of dissent1 which were calculated to inflame a party already violent1 and which1 in fact1 produced some disturbances in the western parts of the ,state4 ,but the opposition has since subsided4 ,in ,new ,jersey1 the convention which met in ,december1 were unanimous in adopting the constitution2 as was likewise that of ,georgia4 ,in ,connecticut there was some opposition2 but the constitution was1 on the #ith of ,january1 #aghh1 ratified by three fourths of the votes in convention1 and the minority peaceably acquiesced in the decision4 ,in ,massachusetts1 the opposition was large and respectable4 ,the convention1 consisting of more than three hundred delegates1 were assembled in ,january1 and continued their debates1 with great candor and liberality1 about five weeks4 ,at length the question was carried for the constitution by a small majority1 and the minority1 with that manly condescension which becomes great minds1 submitted to the measure1 and united to support the government4 ,in ,new ,hampshire1 the federal cause was1 for some time doubtful4 ,the greatest number of the delegates in convention1 were at first on the side of the opposition2 and some1 who might have had their objections removed by the discussion of the subject1 instructed to reject the constitution4 ,altho the instructions of constituents cannot1 on the true principles of representation1 be binding upon a deputy1 in any legislativ assembly1 because his constituents are but a part of the ,state1 and have not heard the arguments and objections of the whole2 whereas1 his act is to affect the whole ,state1 and therefore is to be directed by the sense or wisdom of the whole1 collected in the legislativ assembly2 yet the delegates in the ,new ,hampshire convention conceived1 very erroneously1 that the sense of the freemen in the towns1 those little districts1 where no act of legislation can be performed1 imposed a restraint upon their own wills4#di ,an adjournment was therefore moved1 and carried4 ,this gave the people opportunity to gain a farther knowlege of the merits of the constitution1 and at the second meeting of the convention1 it was ratified by a respectable majority4 #di ,this pernicious opinion has prevailed in all the ,states1 and done infinit mischief4 ,in ,maryland1 several men of abilities appeared in the opposition1 and were unremitted in their endeavors to persuade the people1 that the proposed plan of government was artfully calculated to deprive them of their dearest rights2 yet in convention it appeared that five sixths of the voices were in favor of it4 ,in ,south ,carolina1 the opposition was respectable2 but two thirds of the convention appeared to advocate and vote for the constitution4 ,in ,virginia1 many of the principal characters opposed the ratification of the constitution with great abilities and industry4 ,but after a full discussion of the subject1 a small majority1 of a numerous convention1 appeared for its adoption4 ,in ,new ,york1 two thirds of the delegates in convention were1 at their first meeting1 determined to reject the constitution4 ,here1 therefore1 the debates were the most interesting1 and the event extremely doubtful4 ,the argument was managed with uncommon address and abilities on both sides of the question4 ,but during the session1 the ninth and tenth ,states had acceded to the proposed plan1 so that by the constitution1 ,congress were empowered to issue an ordinance for organizing the new government4 ,this event placed the opposition on new ground2 and the expediency of uniting with the other ,states2 the generous motivs of conciliating all differences1 and the danger of a rejection1 influenced a respectable number1 who were originally opposed to the constitution1 to join the federal interest4 ,the constitution was accordingly ratified by a small majority2 but the ratification was accompanied here1 as in ,virginia1 with a bill of rights1 declaratory of the sense of the convention1 as to certain great principles1 and with a catalogue of amendments1 which were to be recommended to the consideration of the new ,congress1 and the several ,state ,legislatures4 ,north ,carolina met in convention in ,july1 to deliberate on the new constitution4 ,after a short session they rejected it1 by a majority of one hundred and seventy six1 against seventy six4 ,rhode ,island was doomed to be the sport of a blind and singular policy4 ,the ,legislature1 in consistency with the measures which had been before pursued1 did not call a convention1 to collect the sense of the ,state upon the proposed constitution2 but in an unconstitutional and absurd manner1 submitted the plan of government to the consideration of the people4 ,accordingly it was brought before town meetings1 and in most of them rejected4 ,in some of the large towns1 particularly in ,newport and ,providence1 the people collected and resolved1 with great propriety1 that they could not take up the subject2 and that the proposition for embracing or rejecting the federal constitution1 could come before no tribunal but that of the ,state in convention or legislature4 ,from the moment the proceedings of the general convention at ,philadelphia transpired1 the public mind was exceedingly agitated1 and suspended between hope and fear1 until nine ,states had ratified the plan of a federal government4 ,indeed1 the anxiety continued until ,virginia and ,new ,york had acceded to the system4 ,but this did not prevent the demonstrations of joy1 on the accession of each ,state4 ,on the ratification in ,massachusetts1 the citizens of ,boston1 in the elevation of their joy1 formed a procession in honor of the happy event1 which was novel1 splendid and magnificent4 ,this example was afterwards followed1 and in some instances improved upon1 in ,baltimore1 ,charleston1 ,philadelphia1 ,new ,haven1 ,portsmouth and ,new ,york1 successivly4 ,nothing could equal the beauty and grandeur of these exhibitions4 ,a ship was mounted upon wheels1 and drawn thro the streets2 mechanics erected stages1 and exhibited specimens of labor in their several occupations1 as they moved along the road2 flags with emblems1 descriptiv of all the arts and of the federal union1 were invented and displayed in honor of the government2 multitudes of all ranks in life assembled to view the majestic scenes2 while sobriety1 joy and harmony marked the brilliant exhibitions1 by which the ,americans celebrated the establishment of their empire4 ,in ,march1 #aghi1 the delegates from the eleven ratifying ,states1 convened in ,new ,york1 where convenient and elegant accommodations had been furnished by the citizens4 ,on opening the ballots for ,president1 it appeared that the late ,commander in ,chief of our armies was unanimously elected to the dignified office4 ,this event diffused universal joy among the friends to the union4 ,the deliberations of the first ,american ,legislature were marked with wisdom1 spirit1 and generally with candor4 ,the establishment of a revenue and judiciary system1 with other national measures2 the wise appointments to offices2 the promptness and energy of the executiv1 with a growing popular attachment to the general government1 open the fairest prospect of peace1 union and prosperity to these ,states2 a prospect that is brightened by the accession of ,north ,carolina to the government in ,november1 #aghi4 ,no4 ,,xvi4 ,,remarks on the ,,method of ,,burying the ,,dead among the ,,nativs of this ,,country2 compared with that among the ancient ,,britons4 ,being an ,extract of a ,letter to the ,rev4 ,dr4 ,,stiles1 ,president of ,yale ,college1 dated ,new ,york1 ,january #bj1 #aghh4 ,,note4 ,i had embraced the idea1 that the remarkable fortifications on the ,muskingum1 might be justly ascribed to the ,spaniards1 under ,ferdinand de ,soto1 who penetrated into ,florida1 about the year #aedj2 which opinion ,i endeavored to maintain as probably well founded1 and wrote three or four letters on the subject1 to ,dr4 ,stiles1 which were published in #aghi4 ,it is now very clear that my opinion was not well founded2 but that ,chicaca1 which ,i had supposed to be ,muskingum1 ought to have been written ,chicaa1 with a cedilla1 as it is in the original ,spanish2 and pronounced ,chikesaw4 ,this determins the place of ,soto's winter quarters1 the second year after landing1 to be in the territories of the present ,chikesaws4 ,those letters1 therefore1 are not worth republishing2 but the following extract1 on a different subject1 may be considered as worthy of preservation4 ,but how shall we account for the mounts1 caves1 graves1 c4 and for the contents1 which evince the existence of the custom of burning the dead or their bones2 can these be ascribed to the ,spaniards8 ,i presume1 ,sir1 you will be of opinion they cannot4 ,capt4 ,heart says1#ej these graves are small mounts of earth1 from some of which human bones have been taken2 in one were found bones in the natural position of a man1 buried nearly east and west1 and a quantity of ising glass on his breast2 in the other graves1 the bones were irregular1 some calcined by fire1 others burnt only to a certain degree1 so as to render them more durable2 in others the mouldered bones retain their shape1 without any substance2 others are partly rotten and partly the remains of decayed bones2 in most of the graves were found stones evidently burnt1 pieces of charcoal1 ,indian arrows and pieces of earthen ware1 which appeared to be a composition of shells and cement4 #ej ,columbian ,magazine for ,may1 #aghg4 ,that these mounts and graves are the works of the nativ ,indians1 is very evident1 for such small mounts are scattered over every part of ,north ,america4 ,it was customary with the ,indians of the ,west ,jersey1 says ,mr4 ,smith1 page #acg1 when they buried the dead1 to put family utensils1 bows and arrows1 and sometimes wampum into the grave1 as tokens of their affection4 ,when a person of note died far from the place of his own residence1 they would carry his bones to be buried there4 ,they washed and perfumed the dead1 painted the face1 and followed singly2 left the dead in a fitting posture1 and covered the grave pyramidically4 ,they were very curious in preserving and repairing the graves of their dead1 and pensivly visited them4 ,it is said by the ,english1 who are best acquainted with the manners of the nativs1 that they had a custom of collecting1 at certain stated periods1 all the bones of their deceased friends1 and burying them in some common grave4 ,over these cemetaries or general repositories of the dead1 were erected those vast heaps of earth or mounts1 similar to those which are called in ,england barrows1 and which are discovered in every part of the ,united ,states4 ,the ,indians seem to have had two methods of burying the dead2 one was1 to deposit one body 7or at most but a small number of bodies7 in a place1 and cover it with stones1 thrown together in a careless manner4 ,the pile thus formed would naturally be nearly circular1 but those piles that are discovered are something oval4 ,in the neighborhood of my father's house1 about seven miles from ,hartford1 on the public road to ,farmington1 there is one of those ,carrnedds or heaps of stone4 ,i often passed by it in the early part of my youth1 but never measured its circumference or examined its contents4 ,my present opinion is1 that its circumference is about twenty five feet4 ,the inhabitants in the neighborhood report1 as a tradition received from the nativs1 that an ,indian was buried there1 and that it is the custom for every ,indian that passes by to cast a stone upon the heap4 ,this custom ,i have never seen practised1 but have no doubt of its existence2 as it is confirmed by the general testimony of the first ,american settlers4#ea #ea ,the existence of a custom of paying respect to these ,indian heaps1 as they are called1 is proved by a ludicrous practice1 that prevails among the ,anglo ,americans in the vicinity1 of making strangers pull off their hats as they pass by this grave4 ,a man passing by with one who is a stranger to the custom1 never fails to practise a jest upon him1 by telling him that a spider1 a caterpillar1 or some other insect is upon his hat2 the unsuspecting traveller immediately takes off his hat1 to brush away the offending insect1 and finds by a roar of laughter1 that a trick is put upon him4 ,i have often seen this trick played upon strangers1 and upon the neighbors who happen to be off their guard1 to the great amusement of the country people4 ,the jest1 however1 is a proof that the aborigines paid a respect to these rude monuments1 and in ridicule of that respect1 probably1 originated the vulgar practice of the ,english1 which exists to this day4 ,the other mode of burying the dead1 was to deposit a vast number of bodies1 or the bones which were taken from the single scattered graves1 in a common cemetary1 and over them raise vast tumuli or barrows1 such as the mount at ,muskingum1 which is #cij feet in circumference1 and #ej feet high4 ,the best account of these cemetaries may be found in ,mr4 ,jefferson's ,notes on ,virginia1 which will appear the most satisfactory to the reader in his own words4 ,i know of no such thing existing as an ,indian monument1 for ,i would not honor with that name1 arrow points1 stone hatchets1 stone pipes1 and half shapen images4 ,of labor on the large scale1 ,i think there are no remains as respectable as would be a common ditch for the draining of lands1 unless it be the barrows1 of which many are to be found all over this country4 ,these are of different sizes1 some of them constructed of earth1 and some of loose stones4 ,that they were repositories of the dead has been obvious to all2 but on what particular occasion constructed1 was matter of doubt4 ,some have thought they covered the bones of those who have fallen in battles1 fought on the spot of interment4 ,some ascribe them to the custom1 said to prevail among the ,indians1 of collecting at certain periods the bones of all their dead1 wherever deposited at the time of death4 ,others again supposed them the general sepulchre for towns1 conjectured to have been on or near these grounds1 and this opinion was supported by the quality of the lands in which they are found1 7those constructed of earth being generally in the softest and most fertile meadow grounds on river sides7 and by a tradition said to be handed down from the aboriginal ,indians1 that when they settled in a town1 the first person who died was placed erect1 and earth put about him so as to cover and support him2 that when another died1 a narrow passage was dug to the first1 the second reclined against him1 and the cover of earth replaced1 and so on4 ,there being one of these in my neighborhood1 ,i wished to satisfy myself whether any1 and which of these opinions were just2 for this purpose ,i determined to open and examin it thoroughly4 ,it was situated on the low grounds of the ,rivanna1 about two miles above its principal fork1 and opposit to some hills on which had been an ,indian town4 ,it was of a spheroidical form1 of about forty feet diameter at the base1 and had been of about twelve feet altitude1 tho now reduced by the plow to seven and a half2 having been under cultivation about a dozen years4 ,before this1 it was covered with trees of twelve inches diameter1 and round the base was an excavation of five feet depth and width1 from whence the earth had been taken1 of which the hillock was formed4 ,i first dug superficially in several parts of it1 and came to collections of human bones at different depths1 from six inches to three feet1 below the surface4 ,these were lying in the utmost confusion2 some vertical1 some oblique1 some horizontal1 and directed to every point of the compass1 entangled and held together in clusters by the earth4 ,bones of the most distant parts were found together2 as for instance1 the small bones of the foot in the hollow of a scull2 many sculls were sometimes in contact1 lying on the face1 on the side1 on the back1 top or bottom1 so as on the whole1 to giv the idea of bones emptied promiscuously from a bag or basket1 and covered over with earth1 without any attention to their order4 ,the bones1 of which the greatest numbers remained1 were sculls1 jaw bones1 teeth1 the bones of the arms1 thighs1 legs1 feet and hands4 ,a few ribs remained1 some vertibr of the neck and spine1 without their processes1 and one instance only of the bone which serves as the base to the vertebral column 7the os sacrum74 ,after making some remarks on the state of putrefaction in which the bones appeared1 and on the discovery of the bones of infants1 ,mr4 ,jefferson goes on1 ,i proceeded then to make a perpendicular cut thro the body of the barrow1 that ,i might examin its internal structure4 ,this passed about three feet from its center1 was opened to the former surface of earth1 and was wide enough for a man to walk thro and examin its sides4 ,at the bottom1 that is on the level of the circumjacent plain1 ,i found bones2 above these a few stones brought from a cliff1 a quarter of a mile off1 and from the river one eighth of a mile off4 ,then a large interval of earth1 then a stratum of bones1 and so on4 ,at one end of the section1 were four strata of bones plainly distinguishable2 at the other1 three2 the strata in one part not ranging with those in another4 ,the bones nearest the surface were least decayed4 ,no holes were discovered in any of them1 as if made with bullets1 arrows or other weapons4 ,i conjectured that in this barrow might have been a thousand skeletons4 ,every one will readily seize the circumstances above related1 which militate against the opinion1 that it covered the bones only of persons fallen in battle2 and against the tradition also which would make it the common sepulchre of a town1 in which the bodies were placed upright1 and touching each other4 ,appearances certainly indicate1 that it has derived both origin and growth from the accustomary collection of bones and deposition of them together2 that the first collection had been deposited on the common surface of the earth1 that a few stones were put over it1 and then a covering of earth1 that the second had been laid on this1 had covered more or less of it in proportion to the number of bones1 and was then also covered with earth1 and so on4 ,the following are the particular circumstances1 which giv it this aspect4 #a ,the number of bones4 #b ,the strata in one part having no correspondence with those in another4 #c ,the different states of decay in these strata1 which seem to indicate a difference in the time of inhumation4 #d ,the existence of infant bones among them4 ,but on whatever occasion they may have been made1 they are of considerable notoriety among the ,indians2 for a party passing about thirty years ago1 thro the part of the country where this barrow is1 went thro the woods directly to it1 without any instructions or inquiry1 and having staid about it some time1 with expressions which were construed to be those of sorrow1 they returned to the high road which they had left about half a dozen miles1 to pay this visit1 and pursued their journey4 ,there is another barrow1 much resembling this1 in the low grounds of the south branch of the ,shenandoah1 where it is crossed by the road leading from the ,rockfish ,gap to ,staunton4 ,both of these have within these dozen years1 been cleared of their trees and put under cultivation1 are much reduced in their height1 and spread in width1 by the plow1 and will probably disappear in time4 ,there is another on a hill in the blue ridge of mountains1 a few miles north of ,wood's ,gap1 which is made up of small stones thrown together4 ,this has been opened1 and found to contain human bones1 as the others do4 ,there are also others in other parts of the country4 ,from this account of ,mr4 ,jefferson1 to whose industry and talents the sciences and his country will ever be indebted1 we may fairly conclude that the mounts at ,muskingum are the work of the nativ ,indians4 ,it is however necessary to notice two or three particulars1 in the appearance of those at ,muskingum1 which are not discovered 7or not mentioned by ,mr4 ,jefferson7 in the structure of that which he examined4 ,these are the ising glass1 the earthen ware1 the charcoal1 and the calcination of the bones by fire4 ,as to the first it is well known that the ising glass is found only in particular parts of ,america1 and the savages in other parts could not obtain it4 ,mr4 ,jefferson mentions no discovery of earthen ware1 but it was used by the ,indians in every part of ,america4 ,the piece you once shewed me1 sir1 is a specimen of what is found wherever there has been an ,indian town4 ,pieces of it are dug up frequently in the meadows on ,connecticut river4 ,it appears to be formed of pure clay1 or of shells and cement1 hardened by fire1 and as we might naturally suppose1 without glazing4 ,by sections of vessels which remain1 it is evident they were wrought with great ingenuity1 and into beautiful and convenient forms4 ,the charcoal and calcination of some bones are a proof that there has existed1 among the savages of ,america1 a custom of burning the dead1 or their bones1 after the dissolution of the flesh4 ,it does not appear that this custom was general1 but it is not at all surprising to find that such a practice has existed in this country2 since it has been frequent among the uncivilized nations on the eastern continent4 ,i am sensible1 sir1 that you have entertained an opinion that the story of ,madoc1 the ,welch ,prince1 may be true1 and that it is possible the fortifications at ,muskingum may be the work of his colony4 ,of the truth of this conclusion there is perhaps no direct evidence1 and yet collateral evidence may be obtained1 that it is not chimerical4 ,there is such a surprising affinity between the ,indian mounts and the barrows or cemetaries which are remaining in ,england1 but particularly in ,wales and ,anglesey1 the last retreat of the original ,britons1 that we can hardly resolve it into a common principle of analogy that subsists between nations in the same stage of society2 but incredulity itself will acknowlege the probability1 that the primitiv inhabitants of ,britain and ,america had a common stock from which they were derived1 long since the age of the first parent3 ,not that ,i believe ,north ,america to be peopled so late as the twelfth century1 the period of ,madoc's migration1 but supposing ,america to have been settled two or three thousand years before that period1 a subsequent colony might pass the ,atlantic and bring the ,roman improvements in fortification4 ,waving further conjectures1 ,i beg leave to describe the analogy between the barrows in ,england and ,wales1 and in ,america4 ,this will be striking1 and cannot fail to entertain a curious reader1 because it is attended with positiv proofs4 ,in ,england1 ,scotland1 ,wales1 and the island ,anglesey1 there are numbers of monuments erected by the ancients2 but the most remarkable are generally found in the two latter1 whither the old ,britons retreated from their ,roman and ,saxon conquerors2 and ,anglesey1 the ancient ,mona1 is supposed to have been the chief seat of the ,druids4 ,the remains of most consequence are the cromlechs1 the tumuli1 and the cumuli or carrnedds4 ,cromlech1 if the word is derived from the ,british roots krom laech1 signifies a bending stone4#eb ,this is the common opinion1 as ,rowland observes4#ec ,if we trace the origin to the ,hebrew1 the root of the old ,british1#ed we shall find it not less significativ2 for crem luach signify devoted stone1 or altar4 ,these cromlechs consist of large stones1 pitched on end in the earth1 as supporters1 upon which is laid a broad stone of a vast size4 ,the supporters stand in a bending posture1 and are from three to seven feet high4 ,the top stone is often found to be of twenty or thirty tons weight1 and remains to this day on the pillars4 ,numbers of these are found in ,wales and ,anglesey2 but none is more remarkable than that in ,wiltshire1 called stone henge1 for a full description of which ,i must beg leave to refer you to ,camden's ,britannia1 vol4 ,i1 page #aai4 ,these cromlechs are doubtless works of great antiquity2 but for what purpose they were erected1 at such an immense expense of time and labor as would be necessary to convey stones of thirty tons weight a considerable distance1 and raise them several feet1 is not easily determined4 ,the probability is that they were altars for sacrifice1 as pieces of burnt bones and ashes are found near them4 ,they might also be used in other ceremonies1 under the druidical system1 as the ratification of covenants1 c4 ,as this kind of monuments is not found in ,america1 ,i will wave a further consideration of it2 observing only1 that it was an ancient practice among the eastern nations1 to raise heaps of stones1 as witnesses of agreements1 and sacrifice upon them1 as a solemn ratification of the act of the parties4 ,many instances of this ceremony are mentioned in the old testament4 ,the covenant between ,jacob and ,laban was witnessed by a heap of stones1 which served also as a boundary between their respectiv claims4 ,and ,jacob offered sacrifice upon the mount1 that is1 the heap1 and called his brethren to eat bread4 ,gen4 xxxi1 #ed4 ,a similar custom seems to have prevailed among the primitiv ,britons4 #eb ,camden's ,britannia1 volume ,,ii1 page #gei4 #ec ,mona ,antiq4 ,restaur1 page #dg4 #ed ,that the primitiv ,britons may claim a very direct descent from the ancient inhabitants of ,syria and ,phenicia1 whose languages were but branches from the same common stock1 with as ,hebrew1 may be made to appear probable by a comparison of their customs2 but may be almost demonstrated by a collation of the old ,british language with the ,hebrew roots4 ,see my ,dissertations on the ,english ,language1 ,appendix4 ,but the tumuli1 barrows or mounts of earth1 which remain in multitudes in ,england and ,wales1 are constructed exactly in the manner of the barrows1 described by ,mr4 ,jefferson and ,mr4 ,heart4 ,one of these in ,wiltshire1 ,camden thus describes4#ee ,here ,selbury1 a round hill1 rises to a considerable height1 and seems by the fashion of it1 and the sliding down of the earth about it1 to have been cast up by mens hands4 ,of this fort there are many in this country1 round and copped1 which are called burrows or barrows2 perhaps raised in memory of the soldiers slain there4 ,for bones are found in them1 and ,i have read1 it was a custom among the northern people1 that every soldier who survived a battle1 should bring a helmet full of earth towards the raising of monuments for their slain fellows4 #ee ,britannia1 volume ,i1 page #abg4 ,this is said to be the largest and most uniform barrow in the country1 and perhaps in ,england2 and ,i regret that the height and circumference are not mentioned4 ,i am however informed verbally by a gentleman who has visited ,england1 that some of these tumuli appear to have been nearly one hundred feet high4#ef ,there are also in the same country several kinds of barrows of different sizes2 some surrounded with trenches2 others not2 some with stones set round them1 others without any2 the general figure of them is nearly circular1 but a little oval4 #ef ,one as large as that is said to be found at ,grave ,creek1 about eighty miles above ,muskingum4 ,in ,penbrokeshire1 in ,wales1 ,camden informs us#eg there are divers ancient tumuli1 or artificial mounts for urn burial1 whereof the most notable ,i have seen1 are those four1 called krigeu kemaes1 or the burrows of kemeas4 ,one of these a gentlemen of the neighborhood1 out of curiosity1 and for the satisfaction of some friends1 caused lately to be dug2 and discovered therein five urns1 which contained a considerable quantity of burnt bones and ashes4 ,if there is any difference between these barrows1 and those at ,muskingum1 it is this1 that in ,wales the bones were lodged in urns2 probably this was the fate of the bodies of eminent men only1 or it proves a greater degree of improvement in ,britain than appears among the ,american savages4 #eg ,volume ,,ii1 page #gfc4 ,in ,caermardhinshire1 there is a barrow of a singular kind4 ,it is called1 krig y dyrn 7probably the king's barrow#eh47 ,the circumference at bottom is sixty paces1 and its height about six yards4 ,it rises by an easy ascent to the top1 which is hollow4 ,this is a heap of earth1 raised over a carrnedd or pile of stones4 ,in the center of the cavity on the top1 there is a large flat stone1 about nine feet by five2 beneath this was found a kist vaen1 a kind of stone chest1 four feet and a half by three1 and made up of stones1 and within and about it were found a few pieces of brick and stones4 ,this might have been the tomb of a druid1 or prince4 #eh ,camden1 volume ,,ii1 page #gea4 ,the cumuli of stones or caernedds1 as they are called by the ,welsh1 from keren nedh1 a coped heap1 are scattered over the west of ,england and ,wales1 and appear to have been raised in the manner of our ,indian heaps1 and for the same purpose1 viz4 to preserve the memory of the dead4 ,every ,indian in this country that passes one of these heaps1 throws a stone upon it4 ,rowland remarks that the same custom exists among the vulgar ,welch to this day2 and if ,i mistake not1 ,camden takes notice of the same practice4 ,rowland says1 in these coel ceithic1 7certain festivals7 people use1 even to this day1 to throw and offer each one his stone1 tho they know not the reason4 ,the common tradition is1 that these heaps cover the graves of men1 signal either for eminent virtues1 or notorious villanies1 on which every person looked on himself obliged as he passed by1 to bestow a stone1 in veneration of his good life1 or in detestation of his vileness4 ,this practice now prevails in ,wales and ,anglesey1 merely as a mark of contempt4 ,the carrnedds in ,america answer exactly the description of those in ,wales1 and the practice of throwing upon the heap each man his stone as he passes by1 exists among the ,indians1 in its purity2 that is1 as a mark of respect4 ,it is said by authors that mounts and piles of stones1 are found likewise in ,denmark and ,sweden2 but in construction they differ from those found in ,britain4 ,yet from the foregoing descriptions1 taken from authentic testimony1 it appears1 that between the barrows in ,england and ,america1 the manner of constructing them in both1 and the purposes to which they were applied1 there is an analogy1 rarely to be traced in works of such consequence1 among nations whose intercourse ceased at ,babel2 an analogy that we could hardly suppose would exist among nations descended from different stocks4 ,this analogy however1 without better evidence1 will not demonstrate the direct descent of the ,indians from the ancient ,celts or ,britons4 ,but as all the primitiv inhabitants of the west of ,europe were evidently of the same stock1 it is natural to suppose they might pass from ,norway to ,iceland1 from ,iceland to ,greenland1 and from thence to ,labrador2 and thus the ,north ,american savages may claim a common origin with the primitiv ,britons and ,celts4 ,this supposition has some foundation1 and is by no means obviated by ,cook's late discoveries in the ,pacific ocean4#ei #ei ,mons4 ,mallet1 in his ,northern ,antiquities1 has produced unquestionable testimony1 from the ,chronicles of ,iceland and others histories of the north1 that the ,american continent was discovered about the tenth century2 and the esquimaux are clearly of the same race as the ,greenlanders4 ,these are however but conjectures4 ,future discoveries may throw more light upon these subjects4 ,at present1 a few facts only can be collected to amuse a contemplativ mind1 and perhaps lead to inquiries which will result in a satisfactory account of the first peopling of ,america1 and of the few remains of antiquity which it affords4 ,no4 ,,xvii4 ,,new ,,york1 ,,february1 #aghh4 ,on the ,,regularity of the ,,city of ,,philadelphia4 ,well1 how do you like ,boston8 said an ,american to a ,londoner1 who had just arrived1 and walked thro the town4 ,extremely1 replied the ,englishman2 it resembles ,london in the crookedness and narrowness of the streets2 ,i am always pleased with a careless irregularity and variety4 ,how do you like ,boston1 says a nativ of the town to a ,philadelphian4 ,i am much pleased with the people1 replies the gentleman2 but the streets are so crooked1 narrow and irregular1 that ,i have good luck to find my way1 and keep my stockings clean4 ,an ,englishman and a ,bostonian1 walking together in ,philadelphia1 were heard to say1 how fatiguing it is to pass thro this town6 such a sameness in the whole6 no variety6 when you have seen one street1 you have seen the whole town6 ,these remarks1 which are heard every day1 illustrate most strikingly the force of habit and tradition4 ,the influence of habit is every where known and felt2 any prepossessions therefore in favor of our nativ town1 is not a matter of surprise4 ,but that a traditionary remark or opinion should be handed from one generation to another1 and lead nations into error1 without a detection of its falsity1 is a fact as astonishing as it is real4 ,such is the opinion of the writers on the fine arts2 that variety is pleasing2 an opinion embraced without exception1 and applied promiscuously to the works of nature and of art4 ,i have rarely met with a person1 not an inhabitant of ,philadelphia1 who would not say he was disgusted with its regularity2 and ,i am confident that the opinion must proceed from that common place remark1 that variety is pleasing2 otherwise men could not so unanimously condemn what constitutes its greatest beauty4 ,that in the productions of nature1 variety constitutes a principal part of beauty1 and a fruitful source of pleasure1 will not be denied3 ,but the beauty and agreeableness of works of art depend on another principle1 viz4 utility or convenience4 ,the design of the work1 or the end proposed by it1 must be attentivly considered before we are qualified to judge of its beauty4 ,this kind of beauty is called by ,lord ,kaim1#fj relativ beauty4 ,he observes very justly1 that intrinsic beauty is a perception of sense merely2 for to perceive the beauty of a spreading oak1 or of a flowing river1 no more is required but singly an act of vision4 ,relativ beauty is accompanied with an act of understanding and reflection2 for of a fine instrument or engine1 we perceive not the relativ beauty1 until we are made acquainted with its use and destination4 ,a plow has not the least intrinsic beauty2 but when we attend to its use1 we are constrained to consider it as a beautiful instrument1 and such a view of it furnishes us with agreeable sensations4 #fj ,elements of ,criticism4 ,vol4 ,i1 page #aih4 ,the single question therefore1 with respect to a town or city1 is this3 ,is it planned and constructed for the greatest possible convenience8 ,if so1 it is completely beautiful4 ,if wide and regular streets are more useful and convenient than those that are narrow and crooked1 then a city constructed upon a regular plan is the most beautiful1 however uniform the streets in their directions and appearance4 ,i have often heard a comparison made between the level roads of ,holland and the uniform streets of ,philadelphia4 ,a dull sameness is said to render both disagreeable4 ,yet if a person will attentivly consider the difference1 ,i am persuaded he will be convinced that his taste is but half correct2 that is1 that a just remark with respect to a level open country1 is improperly applied to a commercial city4 ,variety in the works of nature is pleasing2 but never in the productions of art1 unless in copies of nature1 or when that variety does not interfere with utility4 ,a level champaign country is rarely convenient or useful2 on the other hand1 it is generally more barren than a country diversified with hills and vales4 ,there is not generally any advantage to be derived from a wide extended plain2 the principle of utility1 therefore does not oppose and supersede the taste for variety1 and a tedious sameness is left to have its full effect upon the mind of a spectator4 ,this is the fact with respect to the roads in ,holland4 ,but it is otherwise in a city1 which is built for the express purpose of accommodating men in business4 ,we do not consider it as we do a landscape1 an imitation of a natural scene1 and designed to please the eye2 but we attend to its uses in artificial society1 and if it appears to be calculated for the convenience of all classes of citizens1 the plan and construction must certainly be beautiful1 and afford us agreeable sensations4 ,the regularly built towns in ,america are ,philadelphia1 ,charleston1 in ,south ,carolina1 and ,new ,haven4 ,all these may be esteemed beautiful1 tho not perfectly so4 ,philadelphia wants a public square or place of resort for men of business1 with a spacious building for an exchange4 ,this should be near ,market street1 in the center of business4 ,the gardens at the ,state ,house are too small for a public walk in that large city4 ,the whole line of bank houses#fa is the effect of ill timed parsimony4 ,the houses are inconvenient1 and therefore not pleasing to the eye2 at the same time they render ,water street too narrow4 #fa ,a line of houses built on the descent of land to the river1 with a street adjacent to the houses on both sides4 ,but whatever faults may be found in the construction or plan of the city1 its general appearance is agreeable1 and its regularity is its greatest beauty4 ,whenever ,i hear a person exclaim against the uniformity that pervades that city1 ,i suppose him the dupe of a common place remark1 or that he believes a city built merely to please the eye of a spectator4 ,charleston is situated upon low ground2 but just above high water mark4 ,the soil is sand1 which1 with a scarcity of stone1 has prevented the streets from being paved4 ,the plan of the city is regular1 but some of the streets are too narrow4 ,as it is almost surrounded with water and low marshy ground1 it was necessary to attend to every circumstance that should contribute to preserve a pure air4 ,for this purpose1 it was the original design of the citizens1 to prevent any buildings from being erected on the wharves1 in front of the town2 thus leaving a principal street1 called the bay1 open to the sea breezes4 ,since the revolution1 this design has been partially dispensed with2 and some buildings erected on the water side of the bay1 and particularly one in front of the ,exchange1 which stands at the head of ,broad street1 and commands an extensiv view of the town on one side1 and of the harbor on the other4 ,should stores and warehouses be raised on the wharves1 to such a height as to intercept a view of the harbor from the bay1 they would diminish the beauty of the town1 and in some degree prevent the agreeable effect of the cool breezes from the sea4 ,new ,haven was laid out on a most beautiful plan1 which has however suffered in the execution4 ,the streets cross each other at right angles1 as in ,philadelphia2 and divide the city into convenient squares4 ,but in the center is a large public square1 the sides of which are more than three hundred yards in length1 and adorned with rows of trees4 ,thro the center of this square runs a line of elegant public buildings1 viz4 the state house1 two churches and a school house4 ,this square is a capital ornament to the town2 but is liable to two exceptions4 ,first1 it is too large for the populousness of the city1 which contains about #ejj buildings4 ,in so small a town1 it must generally be empty1 and consequently givs the town an appearance of solitude or dullness4 ,in the second place1 that half of the square which lies west of the public buildings1 is occupied mostly by the church yard1 which is enclosed with a circular fence4 ,this reduces the public ground on the opposit side to a paralellogram1 which is a less beautiful figure than a square2 and annihilates the beauty of the western division which it occupies4 ,notwithstanding these circumstances1 the green or public ground in the center of ,new ,haven1 renders it perhaps the most beautiful small settlement in ,america4 ,no4 ,,xviii4 ,,new ,,york1 ,,may1 #aghh4 ,a ,,dissertation concerning the ,,influence of ,,language on ,,opinions1 and of ,,opinions on ,,language4#fb #fb ,this title1 and many of the following ideas1 are borrowed from a treatise of ,mr4 ,michaelis1 director of the ,royal ,society of ,gottingen4 ,the design of this dissertation is to show how far truth and accuracy of thinking are concerned in a clear understanding of words4 ,i am sensible that in the eye of prejudice and ignorance1 grammatical researches are the business of school boys2 and hence we may deduce the reason why philosophers have generally been so inattentiv to this subject4 ,but if it can be proved that the mere use of words has led nations into error1 and still continues the delusion1 we cannot hesitate a moment to conclude1 that grammatical enquiries are worthy of the labor of men4 ,the ,greek name of the ,supreme ,being1 ,theos1 is derived from ,theo1 to run1 or move one's self4 ,hence we discover the ideas which the ,greeks originally entertained of ,god1 viz4 that he was the great principle of motion4 ,the same word1 it is said1 was primarily appropriated to the stars1 as moving bodies2 and it is probable that1 in the early ages of ,greece1 the heavenly bodies might be esteemed ,deities1 and denominated ,theoi1 moving bodies or principles4 ,the ,latin word ,deus was used to denote those inferior beings which we call spirits or angels1 or perhaps one ,god among several4 ,to giv the true idea of ,deus in ,french and ,english1 the word should be rendered le ,dieu1 the ,god4 ,this at least may be said of the word1 in its true original sense2 however it may have been used in the later ages of ,rome4 ,the ,english word ,god1 is merely the old ,saxon adjectiv god1 now spelt and pronounced good4 ,the ,german ,gott is from the same root4 ,the words ,god and good therefore are synonimous4 ,the derivation of the word leads us to the notions which our ancestors entertained of the ,supreme ,being2 supposing him to be the principle or author of good1 they called him1 by way of eminence1 ,good1 or the ,good4 ,by long use and the progress of knowlege1 the word is become the name of the great ,creator1 and we have added to it ideas of other attributes1 as justice1 power1 immutability1 c4 ,had our heathen ancestors entertained different ideas of the ,deity2 had they1 for instance1 supposed justice to have been his leading attribute1 if ,i may use the term1 they would have called him the just2 and this appellation1 by being uniformly appropriated to a certain invisible being1 or supposed cause of certain events1 would in time have lost the article the1 and just would have become the name of the ,deity4 ,such is the influence of opinion in the formation of language4 ,let us now compare the names of the ,deity in the three languages2 the ,greek1 ,theos1 denoting a moving being1 or the principle of action1 evinces to us that the ,greeks gave the name to the cause of events1 without having very clear ideas of the nature or attributes of that cause4 ,they supposed the great operations of nature to have each its cause2 and hence the plurality of causes1 theoi1 or moving principles4 ,the ,romans borrowed the same word1 ,deus1 and used it to denote the celestial agents or gods which they supposed to exist1 and to superintend the affairs of the universe4 ,our northern ancestors had an idea that all favorable events must have an efficient cause2 and to this cause they gave the name of ,god or good4 ,hence we observe that the ,english and ,german words ,god and ,got do not convey precisely the same idea1 as the ,theos and ,deus of the ,greeks and ,romans4 ,the former cannot be used in the plural number2 as they are the names of a single indivisible being2 the latter were used as names common to a number of beings4 ,the word ,demon1 in ,greek1 was used to signify subordinate deities1 both good and evil4 ,the ,jews1 who had more perfect ideas of the ,supreme ,being1 supposed there could be but one good ,deity1 and consequently that all the demons of the ,greeks must be evil beings or devils4 ,in this sense alone they used the word1 and this restricted sense has been communicated thro ,christian countries in modern ages4 ,the opinion of the ,jews1 therefore1 has had a material effect upon language1 and would lead us into an error respecting the ,greek mythology2 unless we should trace the word demon to its primitiv signification4 ,the word devil1 in ,english1 is merely a corruption of the evil1 occasioned by a rapid pronunciation4 ,this will not appear improbable to those who know1 that in some of the ,saxon dialects1 the character which we write th is almost invariably written and pronounced d4 ,hence we learn1 the notion which our ancestors entertained of the cause of evil1 or of unfortunate events4 ,they probably ascribed such events to a malignant principle1 or being1 which they called1 by way of eminence1 the evil2 and these words1 corrupted by common use1 have given name to the being or principle4 ,i would only observe here that the etymology of these two words1 ,god and devil1 proves that the ,manichean doctrine of a good and evil principle prevailed among our northern ancestors4 ,it has prevailed over most of the eastern countries in all ages1 and ,christianity admits the doctrine1 with this improvement only1 that it supposes the evil principle to be subordinate to the good4 ,the supreme cause of events1 ,christians believe to be good or ,god1 for the words are radically the same2 the cause of evil they believe to be subordinate2 yet1 strange as it may seem1 they suppose the subordinate evil principle to be the most prevalent4 ,we are informed by ,ludolph1 that the ,ethiopeans1 having but one word for nature and person1 could not understand the controversy about ,christ's two natures4 ,this is not surprising2 nations1 in a savage state1 or which have not been accustomed to metaphysical disquisitions1 have no terms to communicate abstract ideas1 which they never entertained2 and hence the absurdity of attempting to christianize savages4 ,before men can be ,christians they must be civilized2 nay1 they must be philosophers4 ,it is probable that many who are called ,christians1 are in the state of the ,ethiopians1 with respect to the same doctrin2 and that they pass thro life1 without ever having any clear ideas of the different natures of ,christ4 ,yet the distinction is constantly made in words2 and that distinction passes for a difference of ideas4 ,such is the influence of language on opinion4 ,the words soul1 mind and spirit1 are constantly used by people1 and probably the difference of words has given rise to an opinion that there is an actual difference of things4 ,yet ,i very much question whether the persons who use these words every day1 annex any distinct ideas to them2 or if they do1 whether they could explain the difference4 ,the ,greeks believed in the doctrin of transmigration4 ,they had observed the metamorphosis of the caterpillar1 and supposing the same soul to animate the different bodies1 and believing the soul to be perpetual or immortal1 they made the butterfly the hieroglyphic of the soul3 ,hence the ,greek word for soul1 psuke1 came to signify also a butterfly4 ,for want of attending to the true etymology of the word glory1 false opinions have gained an establishment in the world1 and it may be hazardous to dispute them4 ,it is said that the glory of ,god does not depend on his creatures1 and that the glory of the good man depends not on the opinion of others4 ,but what is glory8 ,the ,greek word doxe explains it4 ,it is derived from dokeo1 to think2 and signifies the good opinion of others4 ,this is its true original meaning2 a man's glory therefore consists in having the good opinion of men1 and this cannot generally be obtained1 but by meritorious actions4 ,the glory of ,god consists in the exalted ideas which his creatures entertain of his being and perfections4 ,his glory therefore depends wholly on his creatures4 ,the word is indeed often used to signify the greatness1 splendor or excellence of the divine character4 ,in this sense the divine glory may be independent of created beings2 but it is not the primitiv sense of the word1 nor the sense which answers to the original meaning of the ,greek doxe1 and the ,latin gloria4 ,no right in ,england and ,america is so much celebrated as that of trial by peers2 by which is commonly understood1 trial by equals4 ,the right is valuable1 but is not derived from the primitiv custom of trial by equals2 on the contrary1 it is very questionable whether such a custom existed prior to ,alfred4 ,yet the trial by peers existed long before1 and can be traced back to the date of the ,christian era4 ,the truth is1 the word peer is not derived from the ,latin par1 equal2 but from the ,german1 or ,teutonic bar or par1 which signified a landholder1 freeman or judge4 ,the bars were that class of men who held the fees or property in estates2 and from whom the word baron and the attendant privileges are derived4 ,we have the same root in baron1 baronet1 parliament1 parish1 and many other words1 all implying some degree of authority1 eminence or jurisdiction4 ,from the same word bar or par1 7for ,b and ,p are convertible letters7 the word peer is derived1 as it is used in the common expressions house of peers1 trial by peers4 ,it signified originally1 not equals1 but judges or barons4 ,the house of peers in ,england derives its appellation and its jurisdiction from the ancient mode of trial by bars or barons2 for it is the final resort in all judicial cases4 ,yet the ancient ,english lawyers1 supposing the word to be from the ,latin par1 equal1 have explained it in that sense1 and multiplied encomiums without end upon the excellence of the privilege4 ,the privilege is valuable1 but its excellence1 if it consists in a trial by equals1 is modern1 compared with the original custom1 which was a trial by barons1 or principal landholders4 ,it is probable that our modern writers1 misunderstanding the term voluptas1 have passed too severe censures upon epicures4 ,the true primitiv meaning of voluptas was that of pleasurable sensations arising from innocent gratifications4 ,our modern word voluptuousness carries with it a much stronger idea1 and hence we are led into an error reflecting the doctrine of ,epicurus1 who might confine his ideas of pleasure to innocent gratifications4 ,we have been accustomed from childhood to hear the expressions1 the dew falls2 the dews of heaven2 and it is probable that nine people out of ten1 have never suspected the inaccuracy of the phrases4 ,but dew is merely the perspiration of the earth2 it rises instead of falling1 and rises during the night4#fc #fc ,any person may prove this by a trifling experiment4 ,let him place a glass receiver or bowl over the grass in a summer's day1 and the next morning he will find as much dew under it as around it4 ,the truth is this2 the particles of water are constantly exhaled from the earth by the heat of the sun4 ,during the day time1 these particles ascend in an imperceptible manner1 and furnish the atmosphere with the materials of clouds and rain4 ,but in the night1 the atmosphere grows cool1 while the earth1 retaining a superior degree of heat1 continues to throw off the particles of water4 ,these particles1 meeting the colder atmosphere1 are condensed1 and lodge upon the surface of the earth1 grass1 trees and other objects4 ,so that the expression1 the dew falls1 is in a degree true1 altho it first rises from the earth4 ,it was also supposed that manna in the eastern countries1 came from above1 and it is called in scripture bread from heaven4 ,yet manna is a gum1 exuding from plants1 trees and bushes1 when pierced by certain insects4 ,the truth of this fact was not discovered1 till the middle of the sixteenth century4 ,every man knows1 when the prices of goods rise1 it is said they become dear2 yet when the prices rise in consequence of an overflowing sum of money in circulation1 the fact is that the value of money falls1 and the value of goods remains the same4 ,this erroneous opinion had an amazing effect in raising popular clamor1 at the commencement of the late revolution4 ,i will name but one other instance1 which has a material influence upon our moral and religious opinions4 ,it is said in scripture that ,god hardened ,pharaoh's heart4 ,how8 ,was there a miracle in the case8 ,by no means4 ,the manner of speaking leads us into the mistake4 ,the first cause is mentioned1 and not the intermediate cause or causes4 ,so we should say1 that ,general ,washington attacked the ,british troops at ,monmouth2 altho he was at a great distance when the attack was commenced1 and only ordered the attack4 ,i suspect that similar modes of speaking in scripture often lead superficial minds into mistakes1 and in some instances1 giv occasion to infidels to scoff at passages1 which1 if rightly understood1 would silence all objections4 ,this is a fruitful theme1 and would lead an ingenious inquirer into a wide field of investigation4 ,but ,i have neither time nor talents to do it justice2 the few hints here suggested may have some effect in convincing my readers of the importance and utility of all candid researches into the origin and structure of speech2 and pave the way for further investigations1 which may assist us in correcting our ideas and ascertaining the force and beauty of our own language4 ,no4 ,,xix4 ,,philadelphia1 #aghg4 ,on ,,vocal ,,music4 ,the establishment of schools for teaching psalmody in this city is a pleasing institution2 but people seem not to understand the design1 or rather are not aware of the advantages which may result from it1 if properly conducted and encouraged4 ,most people consider music merely as a source of pleasure2 not attending to its influence on the human mind1 and its consequent effects on society4 ,but it should be regarded as an article of education1 useful as well as ornamental4 ,the human mind is formed for activity2 and will ever be employed in business or diversions4 ,children are perpetually in motion1 and all the ingenuity of their parents and guardians should be exerted to devise methods for restraining this activ principle1 and directing it to some useful object1 or to harmless trifles4 ,if this is not done1 their propensity to action1 even without a vicious motiv1 will hurry them into follies and crimes4 ,every thing innocent1 that attracts the attention of children1 and will employ their minds in leisure hours1 when idleness might otherwise open the way to vice1 must be considered as a valuable employment4 ,of this kind is vocal music4 ,there were instances of youth1 the last winter1 who voluntarily attended a singing school in preference to the theatre4 ,it is but reasonable to suppose1 that if they would neglect a theatre for singing1 they would neglect a thousand amusements1 less engaging1 and more pernicious4 ,instrumental music is generally prefered to vocal1 and considered as an elegant accomplishment4 ,it is indeed a pleasing accomplishment2 but the preference given to it1 is a species of the same false taste1 which places a son under the tuition of a drunken clown1 to make him a gentleman of strict morals4 ,instrumental music may exceed vocal in some nice touches and distinctions of sound2 but when regarded as to its effects upon the mind and upon society1 it is as inferior to vocal1 as sound is inferior to sense4 ,it is very easy for a spruce beau to display a contempt for vocal music1 and to say that human invention has gone beyond the works of ,god ,almighty4 ,but till the system of creation shall be new modelled1 the human voice properly cultivated will be capable of making the most perfect music4 ,it is neglected2 sol faing is unfashionable1 and that is enough to damn it3 ,but people who have not been acquainted with the perfection of psalmody1 are incapable of making a suitable comparison between vocal and instrumental music4 ,i have often heard the best vocal concerts in ,america1 and the best instrumental concerts2 and can declare1 that the music of the latter is as inferior to that of the former1 as the merit of a band box macaroni is to that of a ,cato4 ,instrumental music affords an agreeable amusement2 and as an amusement it ought to be cultivated4 ,but the advantage is private and limited2 it pleases the ear1 but leaves no impression upon the heart4 ,the design of music is to awaken the passions1 to soften the heart for the reception of sentiment4 ,to awaken passion is within the power of instruments1 and this may afford a temporary pleasure2 but society derives no advantage from it1 unless some useful sentiment is left upon the heart4 ,instruments are secondary in their use2 they were invented originally1 not to supercede1 but to assist the voice4 ,the first histories of all nations were written in verse1 and sung by their bards4 ,in later ages1 the oaten reed1 the harp and the lyre1 were found to improve the pleasures of music2 but the neglect of the voice and of sentiment was reserved for modern corruption4 ,ignorant indeed is the man1 and possessed of a wretched taste1 who can seriously despise the humble pleasures of vocal music1 and prefer the bare harmony of sounds4 ,sentiment should ever accompany music2 the sounds should ever correspond with the ideas1 otherwise music loses all its force4 ,union of sentiment1 with harmony of sounds1 is the perfection of music4 ,every string of the human heart may be touched2 every passion roused by the different kinds of sounds2 the courage of the warrior2 the cruelty of the tyrant2 anger2 grief2 love1 with all its sensibilities1 are subject to the influence of music4 ,even brutes acknowlege its effects2 but while they in common with man feel the effects of a harmony of mere sounds1 man enjoys the superior felicity of receiving sentiment2 and while he relishes the pleasures of chords in sound1 he imbibes a disposition to communicate happiness to society4 ,seldom indeed do men reflect on the connexion between the chords of music and the social affections4 ,morality is to immorality1 what harmony is to discord4 ,society detests vice1 and the ear is offended with discordant sounds4 ,society is pleased and happified with virtue1 and the ear is delighted with harmony4 ,this beautiful analogy points out the utility of cultivating music as a science4 ,harsh discordant sounds excite the peevish malevolent passions2 harmonious sounds correct and soften the rougher passions4 ,every person will acknowlege1 that love refines the heart1 and renders it more susceptible1 and more capable of social virtue4 ,it is for this reason that men who have particular attachments to women1 or associate much with ladies of delicacy1 are more disposed to do acts of kindness1 in every sphere of life1 than those who seldom frequent ladies company4 ,on the other hand1 anger1 jealousy1 envy1 are dissocial passions2 and even when they are excited by a single object1 they poison the heart1 and disqualify it for exciting the social affections towards any of the human race4 ,every institution1 therefore1 calculated to prepare the human heart for exerting the social virtues1 and to suppress or check the malignant passions1 must be highly beneficial to society2 and such ,i consider establishments in favor of vocal music4 ,happy1 indeed1 should ,i feel1 could ,i see youth devoted every where to the refinement of their voices and morals2 to see them prefer moral or religious pieces to the indecent songs or low diversions which taint the mind in early life1 and diffuse their pernicious influence through society4 ,if the poison of the tarantula may be counteracted by music2 if the ,spanish ladies are won by nocturnal serenades2 if the soldier is inspired with courage by the martial sounds of the trumpet1 and the ,christian impressed with devout sentiments by the solemn tones of the organ2 what advantage may society derive from the softening harmony of choirs of voices1 celebrating the praises of social virtue6 ,happy days6 when false taste and false opinions shall vanish before the progress of truth2 when princes shall resume their ancient and honorable task of teaching the young to be good and great2 when an ,addison shall be preferred to a ,chesterfield2 when the wealth of nations shall be no longer lavished upon fiddlers and dancers2 when the characters of a ,benezet and a ,,washington shall obscure the glories of a ,csar2 and when no man shall be ashamed to be good1 because it is unfashionable4 ,no4 ,,xx4 ,,new ,,york1 ,,june1 #aghh4 ,on ,,morality4 ,the principles of morality are little understood among savages1 says ,lord ,kaimes1 and if they arrive to maturity among enlightened nations1 it is by slow degrees4 ,with submission to that writer1 ,i would advance another position equally true1 that the principles of eating and drinking are little understood by savages1 and if they arrive to maturity among civilized nations1 it is by slow degrees4 ,the truth is1 morality consists in discharging the social duties of life2 and so far as the state of savages requires an intercourse of duties1 the moral principles seem to be as perfect in them as in more enlightened nations4 ,savages in a perfectly rude state have little or no commerce2 the transactions between man and man are confined to very few objects1 and consequently the laws which regulate their intercourse and distribute justice1 must be few and simple4#fd ,but the crime of murder is as severely punished by savages1 as by civilized nations4 ,nay1 ,i question whether it is possible to name the barbarous tribe1 which suffers an individual to take the life of another1 upon as easy terms as the modern feudal ,barons in ,europe may do that of a vassal2 or with the same impunity that a planter in the ,west ,indies takes the life of a slave4 ,i speak of a time of peace1 and of the conduct of savages towards their own tribes4 ,as to war1 every nation of savages has its arbitrary customs1 and so has every civilized nation4 ,savages are generally partial and capricious in the treatment of their prisoners2 some they treat with a singular humanity2 and others they put to death with the severest cruelty4 ,well1 do not civilized people the same8 ,did a savage ever endure greater torments1 than thousands of prisoners during the late war8 ,but not to mention the practice of a single nation1 at a single period2 let us advert to a general rule among civilized nations2 that it is lawful to put to death prisoners taken in a garrison by storm4 ,the practice grounded on this rule1 is as direct and as enormous a violation of the laws of morality1 as the slow deliberate tortures exercised by the most barbarous savages on earth4 #fd ,it is a fact1 supported by unquestionable testimony1 that the savage nations on the frontiers of these ,states1 have fewer vices in proportion to their virtues1 than are to be found in the best regulated civilized societies with which we are acquainted4 ,well1 what are the ideas of savages respecting theft8 ,how do they differ from those of an enlightened people8 ,many things are possessed in common1 as provisions taken in hunting1 corn1 c4 ,ferdinand de ,soto relates1 that the tribes 7and he visited hundreds in ,florida7 had public granaries of corn laid up for winter1 which was distributed by authority to each family1 according to its number4 ,but for an individual to take from this common stock without license1 was considered as a criminal defrauding of the public4 ,and with regard to the few articles1 in which individuals acquire private property1 the savages have as correct ideas of meum and tuum1 of theft1 trespass1 c4 and are as careful to guard private property from invasion1 by laws and penalties1 as any civilized people4 ,the laws of the ,creeks1 the ,cherokees1 the ,six ,nations1 c4 with regard to these and many other crimes1 in point of reason and equity1 stand on a footing with those of the most civilized nations2 and in point of execution and observance1 their administration would do honor to any government4 ,among most savage nations there is a kind of monarchy which is efficient in administration2 and among those tribes which have had no intercourse with civilized nations1 and which have not been deceived by the tricks of traders2 the common arts of cheating1 by which millions of enlightened people get a living or a fortune1 are wholly unknown4 ,this is an incontrovertible fact4 ,i lately became acquainted with a lad of about twelve years old1 who was taken captiv by the ,indians in #aggh1 while a child1 and had continued with them till about ten years old4 ,he had no recollection of the time when he was taken1 and consequently his mind could not have been corrupted among the ,english4 ,when he was restored1 agreeable to the treaty1 he was a perfect savage2 but what ,i relate the circumstance for1 is this2 the lad was not addicted to a single vice4 ,he was instant and cheerful in obeying commands2 having not even a disposition to refuse or evade a compliance4 ,he had no inclination to lie or steal2 on the other hand1 he was always surprised to find a person saying one thing and meaning another4 ,in short1 he knew not any thing but honesty and undisguised frankness and integrity4 ,a single instance does not indeed establish a general rule2 but those who are acquainted with the nativs of ,america can testify that this is the general character of savages who are not corrupted by the vices of civilized nations4 ,but it is said savages are revengeful2 their hatred is hereditary and perpetual4 ,how does this differ from the hatred of civilized nations8 ,i question much whether the principle of revenge is not as perfect in enlightened nations1 as in savages4 ,the difference is this2 a savage hunts the man who has offended him1 like a wild beast1 and assassinates him wherever he finds him2 the gentleman pursues his enemy or his rival with as much rancor as a savage1 and even stoops to notice little affronts1 that a savage would overlook2 but he does not stab him privately2 he hazards his own life with that of his enemy1 and one or both are very honorably murdered4 ,the principle of revenge is equally activ in both cases2 but its operation is regulated by certain arbitrary customs4 ,a savage is open and avows his revenge1 and kills privately2 the polite and well bred take revenge in a more honorable way1 when life is to be the price of satisfaction2 but in cases of small affronts1 they are content with privately stabbing the reputation or ruining the fortunes of their enemies4 ,in short1 the passions of a savage are under no restraint2 the passions of enlightened people are restrained and regulated by a thousand civil laws and accidental circumstances of society4 ,but it will be objected1 if savages understood principles of morality1 they would lay such passions under restraint4 ,not at all3 ,civil and political regulations are not made1 because the things prohibited are in their own nature wrong2 but because they produce inconveniencies to society4 ,the most enlightened nations do not found their laws and penalties on an abstract regard to wrong2 nor has government any concern with that which has no influence on the peace and safety of society4 ,if savages1 therefore1 leave every man to take his own revenge1 it is a proof that they judge it the best mode of preventing the necessity of it2 that is1 they think their society and government safer under such a license1 than under regulations which should control the passions of individuals4 ,they may have their ideas of the nature of revenge independent of society2 but it will be extremely difficult to prove1 that1 abstracted from a regard to a ,deity and to society1 there is such a thing as right and wrong4 ,i consider morality merely as it respects society2 for if we superadd the obligations of a divine command1 we blend it with religion2 an article in which ,christians have an infinit advantage over savages4 ,considering moral duties as founded solely on the constitution of society1 and as having for their sole end the happiness of social beings1 many of them will vary in their nature and extent1 according to the particular state and circumstances of any society4 ,among the ancient ,britons1 a singular custom prevailed2 which was1 a community of wives by common consent4 ,every man married one woman2 but a number1 perhaps ten or twelve1 relations or neighbors1 agreed to possess their wives in common4 ,every woman's children were accounted the children of her husband2 but every man had a share in the common defence and care of this little community4#fe ,was this any breach of morality8 ,not in the least4 ,a ,british woman1 in the time of ,severus1 having become intimate with ,julia ,augusta1 and other ladies1 at the court of ,rome1 had observed what passed behind the curtain2 and being one day reproached for this custom of the ,britons1 as infamous in the women1 and barbarous in the men2 she replied1 ,we do that openly with the best of our men1 which you do privately with the worst of yours4 ,this custom1 so far from being infamous or barbarous1 originated in public and private convenience4 ,it prevented jealousy and the injuries of adultery1 in a state where private wrongs could not easily be prevented or redressed4 ,it might be an excellent substitute for penal laws and a regular administration of justice4 ,but there is a better reason for the custom1 which writers seem to have overlooked2 and this is1 that a community multiplied the chances of subsistence and security4 ,in a savage life1 subsistence is precarious1 for it depends on contingent supplies by hunting and fishing4 ,if every individual1 therefore1 should depend solely on his own good luck1 and fail of success1 his family must starve4 ,but in a community of twelve1 the probability that some one would procure provisions is increased as twelve to one4 ,hence the community of provisions among most savage nations4#ff #fe ,uxores habent deni1 duodenique inter se communes2 et maxime fratres cum fratribus1 et parentes cum liberis4 ,sed si qui sunt ex his nati2 eorum habenter liberi a quibus primum virgines quque duct sunt4---- ,csar de bell4 ,gall4 ,lib4 #e4 #ff ,let an individual depend solely on his own exertions for food1 and a single failure of crops subjects him to a famin4 ,let a populous country depend solely on its own produce1 and the probability of a famine is diminished2 yet is still possible4 ,but a commercial intercourse between all nations1 multiplies the chances of subsistence1 and reduces the matter to a certainty4 ,china1 a well peopled country1 is subject to a famin merely for want of a free commerce4 ,the ,britons1 when the ,romans first visited their island1 did not attend much to the cultivation of the earth4 ,interiores plerique1 says ,csar1 frumenta non serunt1 sed lacte et carne vivunt4 ,by establishing a community of goods1 they secured themselves against the hazard of want2 and by a community of wives and offspring1 they confirmed the obligations of each to superintend the whole2 or rather1 changed into a natural obligation what might otherwise depend on the feebler force of positiv compact4 ,besides1 it is very possible that personal safety from the invasion of tribes or individuals1 might be another motiv for establishing these singular communities4 ,at any rate1 we must suppose that the ,britons had good civil or political reasons for this custom2 for even savages do not act without reason4 ,and if they found society more safe and happy1 with such a custom than without it1 it was most undoubtedly right4 ,should it be said1 that a community is prohibited by divine command2 ,i would answer that it is not presumable that the old ,britons had any positiv revelation2 and ,i do not know that the law of nature will decide against their practice4 ,the commands given to the ,jews were positiv injunctions2 but they by no means extend to all nations1 farther than as they are founded on immutable principles of right and wrong in all societies4 ,many of the ,mosaic precepts are of this kind2 they are unlimited in their extent1 because they stand on principles which are unlimited in their operation4 ,adultery is forbidden in the ,jewish laws2 and so it is in the codes of other nations4 ,but adultery may be defined differently by different nations2 and the criminality of it depends on the particular positiv institutions1 or accidental circumstances of a nation4 ,the same reasons that would render a similar custom in civilized modern nations highly criminal1 might render it innocent and even necessary among the old ,britons4 ,a prohibition to gather sticks on the ,sabbath1 under a penalty of death for disobedience1 might be founded on good reasons among the ancient ,jews2 but it would be hard to prove that a modern law of the same kind1 would be warrantable in any nation4 ,no4 ,,xxi4 ,,new ,,york1 ,,june1 #aghh4 ,a ,,letter from a ,,lady1 with ,,remarks4 ,,sir1 ,as you have1 in your writings1 discovered that you take a particular interest in the happiness of ladies1 ,i hope you will not deem it a deviation from delicacy1 if one of them offers you her grateful acknowlegements1 and requests you to giv your sentiments upon what will be here related4 ,about four years ago1 ,i was visited by a gentleman who professed an unalterable attachment for me4 ,he being a genteel1 sensible and handsome man1 ,i thought myself justifiable in treating him with complacency4 ,after ,i was convinced by his constant attention and frequent professions1 that ,i was a favorite1 he used frequently to upbraid me1 for being so silent and reserved3 ,it shewed1 he said1 a want of confidence in him2 for ,i must be sensible he derived the greatest pleasure imaginable in my conversation1 and why would ,i then deprive him of the greatest happiness by absenting myself1 when he paid a visit1 refusing to chat with my usual freedom4 ,tho he professed himself to be an admirer of candor1 and a strict adherer to the rules of honor1 still ,i could not but doubt his sincerity from the extravagance of his expressions4 ,this he considered as an affront1 saying that no man of honor would express sentiments that were not genuine4 ,i found myself unwilling to say any thing that should be disagreeable1 and disposed to make him understand by an attention that ,i supposed him entitled to1 that he was prefered to any other person4 ,he continued his visits in this manner for about eighteen months1 conducting himself with the greatest delicacy1 affection and respect4 ,during this time1 he never expressed a wish to be united1 which made me uneasy1 as ,i knew that all my friends thought us engaged4 ,at last ,i told him his attention was too particular2 ,i knew not what construction to put upon it4 ,he replied that ,i was too particular in my ideas2 it was a convincing proof to him1 with my resenting trifling liberties1 that ,i had not an affection for him1 and that he was not the man ,i wished to be connected with2 therefore he would not trouble me any longer with his company1 and wished me a good night4 ,this1 ,sir1 you must suppose1 distressed me greatly2 ,i viewed myself injured and trifled with1 but knew not how to obtain redress4 ,my attachment and pride were so great that ,i would not allow my friends to call him to an account for his behavior2 tho ,i now despise his conduct1 and would refuse him the hand of which he has proved himself unworthy1 still ,i feel hurt at the treatment ,i have received4 ,you1 ,sir1 as a friend to our sex1 and one who wishes to preserve the peace of mind of unsuspecting girls1 will do them an essential service1 by your animadversions on these facts1 and guarding our sex from similar impositions4 ,these circumstances would not have been related1 were ,i not rendered discontented and wretched at home1 in consequence of refusing the offers of three other gentlemen2 either of whom would doubtless have been acceptable1 had not my affections been preengaged to one who has proved himself worthless4 ,their characters and situations in life are equal to my wishes2 but ,i cannot do them so much injustice and myself so much injury1 as to giv my hand unaccompanied with my heart4 ,in consulting my own inclinations ,i have incurred the displeasure of all my family2 they treat me with great inattention1 and are continually reflecting on my want of spirit and resolution4 ,i am confident1 ,sir1 that every generous mind will pity your unhappy and distressed friend1 ,,constantia4 ,to ,,constantia4 ,while ,i acknowlege myself honored by your correspondence1 and happy in an opportunity of rendering you or your sex the least service1 permit me1 in compliance with your request1 which shall be to me a sacred law1 to offer my sentiments with a frankness1 corresponding with that which marks the relation of your misfortunes4 ,for altho ,i feel the warmest indignation at every species of deception1 and particularly at that long continued inexplicitness which is deliberate deception1 and which is the cause of your wretchedness1 candor and truth require that censure should fall where it is due4 ,if the slightest blame can fall on you1 it is that you indulged the visits of a gentleman for eighteen months without an explicit and honorable declaration of his intention4 ,a delicate1 affectionate and respectful attention to a lady1 for one quarter of that period1 is sufficient to make an impression on her mind1 and decide her choice3 ,at the same time1 it might not render an attachment on her part1 so strong as to make a separation very painful2 it might not giv the world an opinion that an engagement exists1 or subject the lady to the necessity of dismissing other suitors4 ,it is therefore prudent at least for a lady to conduct herself in such a manner as to bring her admirer to an explicit declaration of his designs4 ,a man of real honor and principle would not wait for a stratagem on the part of the lady1 or for a frank demand of an explanation of his conduct4 ,a tolerable acquaintance with the human heart would enable him to discover when a declaration would be agreeable to the lady1 and after this discovery1 he would not keep her a moment in suspense4 ,a man of generous feelings1 who has a lively attachment1 looks with anxiety for some proof that his addresses are agreeable1 and that a declaration of his intentions will be well received4 ,no sooner does he find this proof1 than he hastens to unbosom himself to the dear object of his wishes1 and communicate the happiness he so ardently desires to receive4 ,when therefore a man neglects such a declaration1 after he has had convincing proofs that his offers would be well received1 it may and should be taken for granted that his intentions are not honorable1 and the lady should treat him accordingly4 ,if therefore1 my unhappy friend1 you deserve the least degree of censure1 it is because you delayed too long to take measures for undeceiving yourself4 ,yet this delay is a proof of your unsuspecting confidence and sincere attachment2 and faults1 proceeding from such amiable causes1 are almost changed to virtues2 in your sex1 they entitle the sufferer to forgivness and to love4 ,you inform me1 ,constantia1 that the man who has injured you1 professed to adhere to the rules of honor4 ,never1 ,constantia1 trust a man who deals largely in that hackneyed virtue1 honor4 ,honor1 in the fashionable sense of the word1 is but another name for villany4 ,the man of honor would not be guilty of the least impropriety in public company2 he would not for the world neglect the least punctilio of the customary etiquette1 but he would1 without hesitation or remorse1 blow out the brains of a friend1 for treading on his toe1 or rob an amiable woman of her reputation and happiness to gratify his vanity4 ,if a man talks too much of his honor1 he is to be avoided1 like the midnight ruffian4 ,he that really possesses a virtue never boasts of it1 for he does not suspect the world think him destitute of it4 ,numerous professions are commonly mere substitutes for what is professed4 ,the man1 who has given you so much uneasiness1 never deserved the confidence he won2 he must be destitute of principle1 of virtue1 and of attachment to you4 ,his deliberate ill usage proves him to be callous to every tender emotion1 and to deserve your contempt4 ,will not a generous pride and detestation expel the least sentiment of respect for him from your breast8 ,can you not forget that you have been misled1 and will not your innocence buoy you above misfortunes8 ,that you have refused good offers1 is to be regretted2 but your friends1 if they know the reason1 as they ought1 will not pain you by disingenuous reflections4 ,on the other hand1 they will assist you in finding objects to amuse you and dissipate your own melancholy reflections4 ,smile away the anxiety that shuts your heart against other impressions4 ,base as men are1 there may be some found who despise the character of him who has given even an hour's pain2 there may be one who knows your worth1 and may be disposed to reward your constancy4 ,it is a mortifying reflection to an honest mind1 that bad hearts are so often suffered to giv pain to the good2 that the trifling and the base of our sex are not constrained1 by necessity1 to associate only with the trifling and the base of yours1 and that the good1 the generous and the constant should be exposed to the abuses of the fickle and designing4 ,but such is the constitution of society1 and for the evils of it1 we have no remedy1 but cautious circumspection to prevent1 or patient fortitude to support the adverse events of our conditions4 ,no man can entertain a more cordial detestation of the smallest disposition to annoy the peace of mind and disturb the tranquillity of mankind1 than myself2 the design of existence here is to sooth the evils1 and multiply the felicities of each other1 and he must be a villain indeed1 who can deliberately attempt to poison the sources of pleasure1 by crossing and disappointing the social passions4 ,to your sex1 ,constantia1 permit me to giv a word of caution2 never to make any inquiries about a man's family1 fortune or accomplishments1 till you know whether he is a man of principle4 ,by principle1 ,i mean1 a disposition of heart to conduct with strict propriety1 both as a moral being and as a member of civil society2 that is1 a disposition to increase the happiness of all around him4 ,if he appears to wish for his own gratification1 at the expense even of a servant's happiness1 he is an unsocial being1 he is not a fit associate for men1 much less for amiable women4 ,if he is a man of principle1 then proceed to inquire into his standing in life4 ,with principle he may make a woman happy in almost any circumstances2 without it1 birth1 fortune and education serve but to render his worthlessness the more conspicuous4 ,with sentiments of esteem1 ,i am your obliged friend1 and humble servant1 ,e4 ,no4 ,,xxii4 ,,new ,,york1 ,,july1 #aghh4 ,a ,,letter to the ,,author1 with ,,remarks4 ,,sir1 ,i beg leave to relate to you a few circumstances respecting the conduct of a young friend of mine in this city1 and to request your own remarks and advice on the occasion4 ,should any other person similarly situated1 be disposed to receive benefit from the advice1 ,i shall be much gratified1 and my design more than answered4 ,this young friend to whom ,i allude1 has been till within a few years1 under the watchful eyes of very attentiv parents2 from whom he received much better advice and much more of it1 than the generality of parents in this city are wont to bestow on their children2 they taught him to regard truth with a steady attachment2 in short his education1 till their deaths1 was such as might with propriety have been called rigidly virtuous4 ,since that instructiv period1 he has been under the guidance of no one but himself2 his former associates with whom he grew up1 and for whom he still feels a degree of schoolmate attachment1 are almost universally debauched characters4 ,the force of example is great1 and let it be mentioned to his honor1 that in general he has had sufficient virtue to resist their importunities1 and to follow a line of conduct directly contrary to the one they would gladly have marked out for his pursuance4 ,he possesses many of the social virtues1 and is warmly attached to the amiable part of the female world4 ,this attachment has preserved him from the fashionable vices of the age1 and given him a relish for domestic happiness1 which ,i think he will never lose4 ,a young gentleman so capable of making himself agreeable to good and virtuous characters1 ought not1 in my opinion1 to indulge himself in any practices1 that shall tend in the least to depreciate his general merit4 ,the practices ,i would mention1 are few and not very considerable2 still ,i think he should dismiss them entirely1 or at least not indulge them to his disadvantage4 ,he sings a good song1 and he knows it tolerably well2 he is often urged into company on that account2 he can make himself agreeable withal1 and is really a musical companion2 he pays so much attention to learning and singing songs1 that he has but little leisure time on his hands2 he reads part of the day1 but he reads principally novels or song books4 ,i would not be understood to consider singing songs as criminal2 far from it2 ,i am often delighted with a song from him2 but the query with me is1 whether he ought not to devote part of the time which he now employs about what may be called genteel trifling1 to the improvement of his mind in a manner that may be of lasting benefit to him2 ,i wish you to giv him your advice1 and direct him what books to read4 ,he has another fault1 which1 altho it originates in the benevolence of his disposition1 may still be called a fault4 ,he has a very susceptible heart1 and opens it with a generous freedom1 so much so that he sometimes forgets himself1 and opens it where he ought not to do4 ,a stranger with a specious outside might easily impose on him4 ,i just throw out these hints1 that he may be on his guard against those whose business it is to deceive4 ,there are several smaller faults dependant upon1 or rather consequent to1 those ,i have mentioned1 which ,i at first intended to have enumerated1 but if the first are amended1 the others will forsake him of course4 ,the ,,answer4 ,,sir1 ,by the description you have given of your young friend1 it appears that he is rather trifling and inconsiderate than profligate4 ,his faults are1 his spending too much time in learning and singing songs2 and too much frankness of heart1 which exposes him to impositions4 ,but you have not1 ,sir1 informed me whether he was bred to business2 and by his character1 ,i judge that he was not4 ,he has had good precepts indeed2 but of how little weight are precepts to young people6 ,advice to the young sometimes does good2 but perhaps never1 except good habits have been previously formed by correct discipline in manners1 or by a mechanical attention to honest employments4 ,the truth is1 advice or serious council is commonly lavished where it does no good1 upon the young1 the gay1 the thoughtless2 whose passions are strong1 before reason begins to have the smallest influence4 ,i am young myself1 but from the observations ,i have hitherto made1 ,i venture to affirm1 that grave advice never yet conquered a passion1 and rarely has restrained one so as to render a sprightly youth1 in any degree serious4 ,how should it8 ,instructions are transient2 they seldom touch the heart1 and they generally oppose passions that are vigorous1 and which are incessantly urging for indulgence4 ,i have ever thought that advice to the young1 unaccompanied by the routine of honest employments1 is like an attempt to make a shrub grow in a certain direction1 by blowing it with a bellows4 ,the way to regulate the growth of a vegetable is to confine it to the proposed direction4 ,the only effectual method perhaps is to keep young persons from childhood busy in some employment of use and reputation4 ,it is very immaterial what that employment is2 the mind will grow in the direction given it at first2 it will bend and attach itself to the business1 and will not easily lose that bent or attachment afterwards3 ,the mind will attach itself to something2 its natural disposition is to pleasure and amusement4 ,this disposition may be changed or overcome by keeping the mind1 from early life1 busy in some useful occupation1 and perhaps by nothing else4 ,advice will not produce the effect4 ,i suspect1 ,sir1 that your young friend has been bred a trifler2 that he has had money to support him without the labor of acquiring it2 that he has never been anxious about his future subsistence4 ,if so1 his education must be pronounced erroneous4 ,whether worth twenty pounds or twenty thousand1 it should make no difference in his attention to business while young4 ,we are the creatures of habit2 a habit of acquiring property should always precede the use of it1 otherwise it will not be used with credit and advantage4 ,besides1 business is almost the only security we have for moral rectitude and for consequence in society4 ,it keeps a young person out of vicious company2 it operates as a constant check upon the passions1 and while it does not destroy them1 it restrains their intemperance2 it strengthens the mind by exercise1 and puts a young person upon exerting his reasoning faculties4 ,in short1 a man bred to business loves society1 and feels the importance of the principles that support it4 ,on the other hand1 mankind respect him2 and whatever your young friend may think of the assertion1 it is true that the ladies uniformly despise a man who is always dangling at their apron strings1 and whose principal excellence consists in singing a good song4 ,if1 ,sir1 your friend is still so young1 as to undergo the discipline of a professional or other employment1 his habits of trifling may be changed by this means2 but if he is so far the gentleman as to disdain business1 his friends have only to whistle advice in his ears1 and wait till old age1 experience1 and the death of his passions1 shall change the man4 ,accept of my thanks1 ,sir1 for this communication1 and be assured that my opinion on any subject of this kind will always be at your service4 ,e4 ,no4 ,,xxiii4 ,,boston1 ,,march1 #aghi4 ,an ,,enquiry into the ,,origin of the ,,words ,,domesday1 ,,parish1 ,,parliament1 ,,peer1 ,,baron2 with ,,remarks1 ,,new and ,,interesting4 ,in the course of my etymological investigations1 ,i hav been led to suspect that all the writers on the laws and constitution of ,england1 hav mistaken the origin and primitiv signification of several words of high antiquity1 and in consequence of the mistake1 hav adopted some erroneous opinions1 respecting the history of parliaments and trial by peers4 ,whether my own opinions are wel supported by history and etymology1 must be hereafter decided by able and impartial judges of this subject4 ,dome book1 or domesday book1 iz a word wel understood by ,english lawyers4 ,dome book1 or dom bec1 az it waz formerly spelt1 waz the name given to the ,saxon code of laws compiled by ,alfred4 ,some other codes of local customs or laws were also denominated dom becs1 but theze are all lost4 ,after the conquest1 a general survey of all the lands in ,england1 except a few counties1 waz made by order of ,william1 and recorded in a volum which iz stil extant1 and called domesday4 ,this survey waz begun by five justices assigned for the purpose in each county1 in the year #ajha and completed #ajhf4 ,our pious ancestors were not a little frightened at the name of this book1 which iz usually pronounced doomsday2 supposing it to hav some reference to the final doom1 or day of judgement4 ,in order to quiet such apprehensions1 lawyers of less credulity undertook to refute the common opinion4 ,jacob1 after ,cowel1 very gravely asserts1 that the termination day in this word does not allude to the general judgement4 ,the addition of day to this dome book1 waz not ment with any allusion to the final day of judgement1 az most persons hav conceeved1 but waz to strengthen and confirm it1 and signifieth the judicial decisiv record1 or book of dooming judgement and justice4#fg ,the same author defines domesmen to be judges1 or men appointed to doom4 #fg ,jacob ,dict4 word1 domesday4 ,cowel1 a compiler of considerable authority1 says1 day or dey1 7for dey iz the true spelling7 does not augment the sense1 but only doubles and confirms the same meening4 ,it does not1 in this composition1 really signify the mesure of time1 but the administration of justice2 so that domesday iz more emphatically the judicial decisiv record1 the book of dooming judgement4#fh ,according to this author1 then1 domesday iz a judgement of judgements1 for he quotes ,dr4 ,hammond to proov that day1 dies1 1 in all idioms1 signifies judgement4 ,however tru this may be1 ,i beleev our ,saxon forefathers could find a better name for a code of laws1 than a judgement of judgements4 #fh ,cowel ,dict4 ,daysman4 ,domesday1 says ,coke1 dies judicii1 day of judgement4#fi ,such is the influence of sounds upon credulous1 superstitious minds4 #fi ,coke ,litt4 #c4 #bdh4 ,the truth seems to be this2 domesday is a compound of dom1 judgement1 decree or authority2 and dey1 a law or rule4#gj ,or domes1 in the plural1 may signify judges4 ,the name of the book then will signify1 ether the rules of judging1 or deciding1 in questions relating to the real property of ,england2 or what is more probable1 the rules and determinations of the judges who surveyed the lands in the kingdom4 #gj ,it iz singular that the last syllable of this word domesday1 should hav been mistaken for day1 a portion of time2 for the latter in ,saxon waz written daeg and daegum1 az in the ,saxon version of the ,gospels2 whereaz the termination of domesday waz formerly1 and ought now to be1 spelt dey4 ,that dom had the signification here explained iz capable of proof4 ,the homager's oath1 in the black book of ,hereford1 fol4 #df1 ends thus1 ,so helpe me ,god at his holy dome 7judgement7 and by my trowthe1 7troth1 that is truth47#ga ,this explanation coincides with the meening of the same syllable in other languages1 and confirms the hypothesis of the common origin of the languages of ,europe1 laid down in the ,notes to my ,dissertations on the ,english ,tung4 ,we see the syllable in the ,greek 1 the ,latin dominus1 7domo7 and in the ,english word tame2 az also in doom1 deem1 king dom4#gb ,in all theze words we observe one primitiv and several derivativ significations4 ,its primitiv sense is that of power or authority1 az in ,greek and ,latin4 ,in ,english1 it stands for jurisdiction1 a judge1 or a sentence4 ,in deem1 it denotes the act of the mind in judging1 or forming its determinations4 #ga ,cowel1 ,law ,dict4 dome4 #gb ,in some words dom is substituted for the ancient termination rick2 and in one sense1 it iz equivalent to rick1 which implies jurisdiction or power4 ,king rick waz used az late az ,queen ,elizabeth3 ,bishop-rick iz stil used1 denoting the territory or jurisdiction of a bishop4 ,the other syllable dey iz probably the same word az ley1 law1 with a different prepositiv article2 for etymologists tel us1 that the radical syllable waz often found in the muther tung ey4 ,cowel informs us it waz not day1 but dey2 and another author writes it d'ey4 ,the word daysman1 or az it ought to be spelt deysman1 stil used both in ,england and ,america1 is composed of dey and man1 and signifies an arbitrator or judge1 appointed to reconcile differences4 ,in this country ,i hav often heerd it applied to our ,savior1 az mediator between ,god and man4 ,the ancient lawyers translate the ,saxon dom bec and domesdey by liber judicialis2 words which seem not to convey the ful meening of the original4 ,i should translate them1 liber judicum1 the ,judges book2 or lex judicum1 the ,judges law or rule4 ,the old ,saxon word ley1 before mentioned1 waz1 in different dialects1 or at different periods1 written ley1 lah1 lage1 laga4 ,it iz doubtless from the same root az the ,latin lex1 lege2 and it is remarkable1 that the same word anciently signified peeple2 and from this are derived lay and laity1 the peeple as opposed to the clergy4#gc ,it iz probable that the primitiv sense of the word1 in remote antiquity1 waz people2 and az the peeple made the laws in general assembly1 so their orders or decrees came to be called by the same name4 ,this conjecture iz not groundless1 and is no trifling proof of the ancient freedom of our ,gothic ancestors4 ,tacitus says expressly of the ,germans1 ,de minoribus rebus principes consultant2 de majoribus omnes4 ,de ,mor ,germ4 #aa4 ,the princes deliberate upon small matters1 or perhaps decide private controverses of small moment2 but laws of general concern are enacted in an assembly of all the peeple4 #gc ,johnson derives lay from the ,greek 2 as he does all other words which hav some resemblance to ,greek words in sound or signification4 ,i beleev the ,saxon or ,gothic original and the ,greek may be the same1 and of equal antiquity4 ,the origin of ,parishes haz puzzled all the lawyers and antiquaries of the ,english nation4 ,johnson1 after his usual manner1 recurs to the ,greek1 and derives the word from 1 accolarum conventus1 an assemblage or collection of peeple in a naborhood4 ,others content themselves with deriving it from the ,latin parochia or ,french paroisse4 ,these etymologies do not satisfy me4 ,it is improbable that our ancestors went to the ,greek for names of places or divisions of territory1 that existed in ,england az erly az the ,heptarchy2 especially az the ,greek word before mentioned waz never used in the sense of parish4 ,parochia cannot be the origin of parish2 for it waz not a ,roman word2 on the other hand1 it is merely a ,gothic or ,saxon word latinized by the erly writers on law2 and to derive parish from the ,french paroisse is trifling2 for we might as well derive paroisse from parish1 which iz at leest az ancient4 ,it iz uncertain at what time ,england waz divided into parishes1 say most of the law writers4 ,camden1 in hiz ,britannia1 page #ajd1 says1 the kingdom waz first divided into parishes by ,honorius1 archbishop of ,canterbury1 in #fcf4 ,this opinion iz controverted4 ,sir ,henry ,hobart thinks parishes were erected by the council of ,lateran1 in #aagi4 ,selden1 followed by ,blackstone1 supposes both to be rong1 and shows that the clergy lived in common1 without any distinction of parishes1 long after the time mentioned by ,camden2 and it appeers by the ,saxon laws1 that parishes were known long before the council of ,lateran4#gd #gd ,blackstone ,com4 vol4 ,i4 #aab4 ,the truth probably iz1 the kingdom was not divided into parishes at any one time1 but the original ecclesiastical division grew1 in a great measure1 out of a prior civil division4 ,parish iz the most ancient division of the ecclesiastical state1 and originally denoted the jurisdiction of a bishop1 or what iz now called a diocese4 ,for this opinion1 we hav the authority of the ,saxon laws and charters4 ,ego ,cealwulfus1 dei gratia rex ,merciorum1 rogatus a ,werfritho1 ,episcopo ,hwicciorum1 istam libertatem donavi1 ut tota parochia ,hwicciorum a pastu equorum1 regis et eorum qui eos ducunt1 libera sit1 c4 ,charta ,cealwulfi regis1 ,anno #hgb4 ,episcopus1 congregatis omnibus clericis totius parochi1 c4 in a passage quoted by ,cowel tit4 parish4 ,here the bishoprick iz explicitly called a parish1 parochia2 and ,blackstone remarks1 it is agreed on all hands1 that in the erly ages of christianity in this island1 parishes were unknown1 or at leest signified the same az a diocese does now4 ,com4 ,vol4 ,i4 #aab4 ,this1 being a settled point1 wil perhaps furnish a clue by which we may find the true origin of the word and of the division4 ,it iz certain that there waz an ancient word among the ,gothic nations1 and probably among the ,celtic1 which signified originally a man1 afterwards a freeman1 or landholder1 in opposition to that class of men who had no real property4 ,this word waz spelt by the ,romans vir1 and signified a man1 by way of eminence1 az distinguished from homo2 az also a husband or householder4 ,it answered to the of the ,greeks1 az distinguished from 1 a word denoting the human race in general4 ,the same word in the ,gothic or ancient ,german waz spelt bar2#ge and probably in some dialects par1 for the convertibility of b with p iz obvious to every etymologist4#gf ,in the ,erse language1 az ,mc ,pherson testifies1 bar signifies a man4 ,the word iz also pronounced fer or fear1 which approaches nearer to the ,latin vir3 ,fergus or ,ferguth signifies a man of word or command4 ,in modern ,welsh1 which iz the purest relict of the old ,celtic1 bar is a son1 and barn a judge4 ,in the ancient ,irish1 brehon or barhon1 which iz merely baron with an aspirate1 signified a judge4 ,see ,lhuyd1 ,mc ,pherson1 ,ossian1 p4 #d4 and ,blackstone's ,commentaries1 ,vol4 ,i4 #ge ,camden's ,britannia4 ,baron4 #gf ,let no one question the probability of such changes of consonants which are formed by the same organs2 for to this day b and v are often used promiscuously4 ,in the ,spanish language1 we are at liberty to pronounce1 b az v1 or v az b2 and with us1 marble is often pronounced marvle4 ,it is also certain that the ,roman vir is found in the word mentioned by ,cesar4 ,com4 #aa4 #ai4 ,vergo bretus1 an annual magistrate among the dui1 a nation of ,germany4 ,this word is derived from vir1 and guberno1 altho ,cesar and ,tacitus never suspected it4 ,the same word iz mentioned by ,mc ,pherson1 az stil existing in the ,erst language1 ,fergubreth2 and its meaning iz the same az in ,cesar's time3 ,a decisiv argument that vir1 fer1 and bar1 are radically the same2 and that the ancient ,celtic language had a common origin with the ,latin4 ,a similar change of consonants iz observable in the words volo and bull 7the ,pope's decree7 which are radically the same2 az also the ,german woll and the ,english will4 ,so the ancient ,pergamus iz called by the modern ,turks1 ,bergamo4 ,see ,masheim's ,eccle4 ,hist4 ,vol4 ,i4 and my ,dissertations on the ,eng4 ,language1 ,appendix4 ,this word iz the root of the modern word baron2 for in ancient manuscripts1 it iz sometimes spelt viron1 denoting its derivation from vir4 ,for this we hav the authority of ,camden and ,du ,cange under the word baron4 ,so far we tred on sure ground4 ,that theze words hav existed or do stil exist in the sense above explained1 wil not be denied2 and it iz almost certain that they all had a common origin4 ,the word ,baron iz evidently derived from the ,german bar or par1 and under the feudal system1 came to signify the proprietors of large tracts of land1 or thoze vassals of the ,lord ,paramount1 who held lands by honorable service4#gg #gg ,the feudal system iz commonly supposed to hav originated in the conquest of the ,roman empire by the northern nations4 ,the rudiments of it however may be discovered az erly az the ,cimbric invasion of ,italy1 a century before the ,christian era4 ,se ,florus4 lib4 #c4 c4 #c4 ,the ,cimbri and ,teutones were tribes of the same northern race1 az the ,germans and ,saxons4 ,i shall hereafter attempt to proov that several modern words are derived from the same root2 at present ,i confine my remarks to the word parish1 which1 ,i conjecture1 iz a compound of par1 a landholder1 and rick or rich1 which haz been explained1 az denoting territory or jurisdiction3 ,parick or parich1 the jurisdiction of a par or baron4 ,it iz true the words baron and parliament seem not to hav been used among the ,saxons before the conquest2 but they were used by most of the nations of the same original1 on the continent2 az in ,germany1 ,burgundy1 ,sweden and ,normandy3 ,and the use of the word parochia in ,england1 before the conquest1 or at leest by the first lawyers and translators of the ,saxon laws1 iz to me the strongest proof that some such word az parick existed among the erly ,saxons1 or which waz latinized by thoze writers4 ,even if we suppose the word borrowed from nations on the continent1 my supposition of the existence of such a word iz equally wel founded1 for they all spoke dialects of the same tung4 ,the first knowlege we hav of the word parish or rather parochia1 iz in the ,saxon laws1 copied and translated into ,latin by thoze erly writers1 ,bracton1 ,britlon1 ,fleta1 or others of an erlier date4 ,in that erly period1 parochia waz a diocese or bishoprick4 ,i suspect the jurisdiction of the bishop waz originally limited by an erldom1 county shire1 or territory of a great lord4 ,this waz probably the general division2 for sometimes a clergyman or bishop1 in the zerude ages1 had cure of souls in two or more adjoining lordships2 and it often happened that a lord had much waste land on hiz demesne1 which waz not comprehended in the original parish1 and thus came1 in later times1 to be called extraparochial4 ,but whatever particular exceptions there might be1 the remark az a general one1 will hold true1 with respect to the original jurisdiction of a bishop4 ,the number of counties in ,england iz at present forty1 and that of the dioceses1 twenty four2 but the number of counties haz been different at different times2 and some changes1 both in the civil and ecclesiastical state1 hav doubtless1 in a course of a thousand years1 destroyed the primitiv division4 ,it iz however some proof of my hypothesis1 that most of the bishops in ,england are stil called by the names of counties1 or of cities which are shires of themselves2 az the bishop of ,durham1 of ,worcester1 of ,london1 of ,norwich1 c4 or by the names of the cheef towns in counties2 az bishop of ,winchester1 of ,chichester1 c4 ,selden's account of the ancient divisions of the kingdom1 confirms this opinion4 ,see ,bacon's ,selden1 ch4 #aa4 ,the province or jurisdiction of an archbishop1 waz prior to the origin of diocesses or parishes4 ,selden haz given an account of a division of diocesses by archbishop ,theodore in the seventh century2 by which it appears1 that in some instances1 a diocese or parish waz one shire or county2 and in others1 a parochia covered two1 three1 or more shires3 ,but in almost every instance1 the limits of a parish were the limits of a shire or shires4 ,and however strange the reader may think it1 the word church and shire are radically the same4 ,the ,saxon word waz cyrick or cyrk2#gh and the ,scotch pronounce and write it kirk4 ,it iz1 like shire1 derived from the ,saxon ,sciran1 cir1 or seyre1 to divide4 ,the church or kirk waz the ecclesiastical division1 answering to shire1 and come to signify the jurisdiction of the cathedral church2 the primaria ecclesia or mother church2 and hence the ,saxon term cyrick sceate1 church scot or fees1 paid by the whole diocese4 #gh ,so it iz spelt in the ,saxon laws2 but its root waz probably circe1 from sciran1 to divide4 ,c before i and e was in ,saxon pronounced ch or neerly2 hence circe is chirche4 ,in later times1 the original parochia or diocese was divided or extended by the ,mickle-mote1 ,witenagemote or national assembly1 by advice of the bishops1 nobles1 and cheef men4 ,from all ,i can collect respecting this subject1 it appeers probable1 that on the first conversion of the ,saxons to christianity1 each earle1 earlederman1 or erl1 whoze manor or jurisdiction waz the origin of a county1 had hiz clergyman or chaplain to perform divine service4 ,hiz residence waz probably in the vicinity of the erl2 and this waz the origin of the cathedral1 or mother church1 primaria ecclesia1 to which the tenants of the whole district or erldom afterwards paid tithes4 ,on the first establishment of theze churches1 the tenants paid tithes where they choze2 but fraud or delay on the part of the tenant1 and the encreasing power of the clergy1 occasioned a law of king ,edgar1 about the year #igj1 commanding all the tithes to be paid to the mother church1 to which the parish belonged4#gi ,this must hav augmented the welth of the cathedral churches1 and given them a superior rank in the ecclesiastical state4 #gi ,blackstone ,com4 vol4 ,i1 #aab4 ,that each shire had its bishop1 seems to be obvious from a law of ,edgar1 c4 #e1 where1 respecting the county court1 it iz ordered1 celeberrimo huic conventui episcopus et aldermannus intersunto2 not unus episcoporum1 but the bishop and erl4 ,previous1 however1 to this period1 the thanes or inferior lords1 had their chaplains and private chapels2 and it waz a rule1 that if such chapel had a consecrated cemetery or burying ground belonging to it1 the lord might appropriate one third of the tithes to the support of hiz private chaplain4 ,the clerks or bishops who belonged to the cathedral churches1 and were the officiating ministers of the erls or princes1 at that time the first ranks of noblemen1 acquired an influence in proportion to their property and the extent of their jurisdictions4 ,hence the powers of modern bishops in superintending the clergy of their dioceses4 ,in later times1 they acquired large tracts of land1 ether by purchase1 gift or devise1 and in right of their baronies gained a seet among the lords of the kingdom in parliament4 ,the inferior clergy were multiplied in proportion az the peeple wanted or could support them1 and the jurisdiction of an earl's chaplain1 being limited originally by his cure of souls1 and being founded on a parrick or territory of a lord1 afterwards gave name to all the jurisdictions of the inferior clergy4 ,hence the name of parish1 as denoting the extent of a parson's#hj ecclesiastical authority4 #hj ,parson iz said1 by ,coke and others1 to be derived from persona1 because this officer represents the corporation or church1 vicem seu personam ecclesi gerere4 ,this reezon seems to be obscure and unsatisfactory4 ,it iz possible the word may proceed from the same root az parish1 viz4 par4 ,the jurisdiction of a bishop lost the name of parish1 parochia1 at a very erly period2 but stil the subordinate divisions of the ecclesiastical state continued to be regulated by prior civil divisions4 ,for this assertion1 we hav an indisputable authority1 which confirms my opinion respecting the origin of parishes4 ,it seems pretty clear and certain1 says the learned and elegant ,blackstone1 ,com4 vol4 ,i1 #aad1 that the boundaries of parishes were originally ascertained by thoze of a manor or manors2 since it very seldom happens that a manor extends itself over more parishes than one1 tho there are often many manors in one parish4 ,this iz the present state of facts1 for originally the parish1 like the modern diocese1 covered many manors1 or estates of the inferior feudatories4 ,parliament iz said to be derived from the ,french1 parlement1 which iz composed of parler1 to speak1 and ment or mens1 mind4 ,cowel tit4 ,parliament4 ,parliament1 says ,johnson1 parliamentuns1 law ,latin2 parlement1 ,french4 ,dict4 fol4 ,edit4 ,it is called parliament1 says ,coke ,litt4 p4 #aaj4 ,ed4 ,lond4 #aggh1 because every member of that court should sincerely and discretely parler le ment1 7speek hiz mind7 for the general good of the commonwelth2 which name it also hath in ,scotland2 and this name before the conquest waz uzed in the time of ,edward the ,confessor1 ,william the ,conqueror1 c4 ,it waz anciently1 before the conquest1 called michel-sinath1#ha michel-gemote2 ealla1 witena-gemote2 that is to say1 the great court or meeting of the king and all the wisemen2 sometimes of the king1 with the counsel of hiz bishops1 nobles and wisest of hiz peeple4 ,this court1 the ,french men call les estates2 or l'assemble des estates4 ,in ,germany it is called a diet4 ,for thoze other courts in ,france that are called parliaments1 they are but ordinary courts of justice1 and az ,paulus ,jovius affirmeth1 were first established with us4 #ha ,great synod--great meeting4 ,the late editor of ,cokes ,institutes1 remarks1 in a note on this passage1 that the latter part of this etymology iz justly exploded1 and apologizes for hiz author by saying1 it iz to be found in preceding authors of eminence4 ,he discards the ment1 and considers it1 not az an essential1 but an adventitious part of the word2 deeming it sufficient to derive the word from parler1 to speak4 ,this opinion he receives from ,lambard4 ,such a definition1 with great deference to theze venerable authorities1 iz a disgrace to etymology4 ,coke waz a great lawyer1 and ,johnson a good ,latin and ,greek scholar2 but neether of them waz versed in the ,teutonic language and institutions1 where alone we should look for the origin of our laws and the ,english constitution4 ,johnson indeed waz a mere compiler of other mens etymologies1 and ,cowel1 ,selden1 ,junius and others from whom he copied1 tho deeply lerned1 sometimes fell into very whimsical mistakes4 ,i am bold to assert that the ,english derivation of parliament1 or parlement from the ,french parler1 haz no better authority than a mere whim or notion of theze writers4 ,we might az well derive parler from parliament1 and both from a parcel of gossips1 because they are loquacious4 ,the true etymology of the word iz par1 or bar1 a landholder or baron1 and le mote1 the meeting4 ,i say mote1 for this waz the ,saxon spelling of the word1 after the prepositiv ge waz dropped4 ,it waz originally gemote1 az in witena-gemote2 afterwards the ge waz disused1 az in falk-mote4 ,what the original ,french orthography waz1 ,i am not certain2 but the word came to ,england from ,france1 and we find the ,french article prefixed1 par-le-ment2 a meeting of the barons4 ,the same sound waz used in ,germany1 ,burgundy1 and other parts of ,europe1 and in all1 it had the same meening1 which it1 in some mesure1 retains in ,france to this day4 ,the commune concilium of ,england1 before the conquest1 consisted of the witena1 or wise men4 ,it retained the name of witena-gemote1 til after the ,norman invasion4 ,it iz perhaps impossible1 at this distance of time1 to ascertain exactly the manner of summoning this national assembly1 or whether the commons or lesser nobility were entitled to a seet4 ,in old charters1 the king iz said to hav passed laws by advice of the archbishops1 bishops1 abbots1 erls and wise men of the relm2 seniorum sapientium populi4 ,but we are not able to determin whether theze seniores sapientes were admitted on account of their age and wisdom2 or whether possession of real estate waz a requisit qualification4 ,so much iz certain1 that in ,france and ,germany1 where we first heer of parliaments1 all the barons1 that iz1 all the nobility1 were entitled to a seet in the national council1 in right of their baronys2 and this iz asserted to hav been the case in ,england4#hb ,this fact1 so well attested in history az to be undeniable1 ought long ago to hav led the critical enquirer to the true origin of the ,french word1 parlement4 ,the name of parliament took its rise under the feudal system1 when the assembly of men1 so called1 consisted solely of barons or bars4 ,it iz from this circumstance that the provincial assemblies of ,france are properly denominated parliaments4 ,the erly ,norman princes1 who introduced the name into ,england1 summoned none to their council but the clergy and nobility1 and sometimes a few only of the greater barons4 ,the house of lords iz strictly a parliament1 according to the original of the word1 altho since the commons hav made a part of the legislature1 the name iz extended to the whole body4 #hb ,stuarts ,english ,constitution1 p4 #bge4 ,the word peer iz said to be derived from the ,latin par equal2 and this circumstance haz been the occasion of innumerable encomiums on the ,english trial by peers4 ,so far az equality in the condition of judges and parties1 iz an excellence in any judicial system1 the present practice of trial by jury iz esteemable among a free peeple2 for whatever may be the origin of the word peer1 a trial by men of the naborhood may often proov a capital security against a court devoted to party4 ,but it iz at least doubtful whether peers1 az used for jurors1 came from the ,latin par2 for it iz almost certain that the word peer1 az used for nobles1 iz derived from the ,german par1 a landholder1 and this iz undoubtedly the tru primitiv sense of the word4 ,that there waz such a word in ancient ,germany1 iz unquestionable2 and paramount1 which signifies the lord of highest rank1 iz from the same root2 par-amount1 the par or baron above the rest4 ,the jurists on the continent latinized the word1 calling the lords pares2 and this1 in later ages1 waz mistaken for the plural of the ,latin par4 ,az the pares or barons claimed almost exclusiv jurisdiction over their manors1 and held courts of justice1 ether in person or by their bailiffs1 they came to be considered az the supreme judges in the last resort of all civil and criminal causes4 ,pares or barons became equivalent to judges4 ,hence the house of peers in ,england iz the supreme judicatory of the nation4 ,hence the parliaments 7meetings of peers7 in ,france are supreme courts of justice4 ,twelv waz a favorit number with our ,saxon ancestors1 and the king1 or lord paramount1 with twelv judges1 constituted the supreme court or council among the ancient ,germans4 ,it will hardly be considered a digression to examin this institution with more attention2 for if ,i mistake not1 the rudiments of it are visible az far back az the ,christian era2 or even az the ,gothic migrations to the west and north of ,europe4 ,in the ,edda1 or system of ,gothic mythology1 compiled by ,snorro ,sturleson1 supreme judge of ,iceland1 about the year #abbj1 we may discern the principles which would naturally giv rise to the practice of trial by twelv men4 ,the ,edda will indeed be said to be a collection of fables4 ,to this ,i answer1 fable iz generally1 perhaps always1 founded on fact2 whatever additions may be made in a course of time by imperfect tradition4 ,the ,edda iz acknowledged to contain an authentic account of the opinions of the northern nations at the time it waz written4 ,this iz all ,i ask4 ,snorro1 and ,torfus the historian of the north1 inform us that even in ,scythia1 ,odin1 the supreme god of the ,goths1 performed the functions of cheef preest1 assisted by twelv pontiffs1 who distributed justice4#hc #hc ,mallets ,north4 ,antiq4 ,vol4 ,i4 #fa4 ,the northern nations had1 like the ,greeks1 twelv principal deities1 and this article in their religious beleef might originate the institution of twelv preests1 twelv judges1 c4 ,many civil institutions among rude nations1 may be traced to their religious opinions2 and perhaps the preference given to the number twelv1 in ,germany1 in ,greece1 and in ,judea1 had its origin in some circumstances az ancient az the race of the ,jews4 ,odin1 which in ,anglo ,saxon1 waz ,woden1 waz the supreme god of the ,goths1 answering to the ,jupiter of the ,greeks3 ,and it iz remarkable that the words1 god1 good1 odin and woden1 all sprung from one source4 ,we shall not be surprized that the same word should begin with such different letters1 when we reflect that such changes are very common4 ,the ,danes omit w in word2 a dictionary they call ord-bog1 a word book2 and the ,spaniards1 in attempting to pronounce w1 always articulate g4 ,see my ,dissertations1 p4 #cce4 ,let us attend to a fact confirming the account4 ,mallet1 a historian of credit1 testifies that the hall or seet of justice1 may be stil seen in different parts of ,sweden and ,denmark4 ,theze monuments1 whoze rude bulk haz preserved them from the ravages of time1 are only vast unhewn stones1 commonly twelv in number1 set upright1 and placed in form of a circle4 ,in the middle iz a stone1 much larger than the rest1 on which they made a seet for their king4 ,the other stones served az a barrier to keep off the populace1 and marked the place of thoze whom the peeple had appointed to make the election 7of king47 ,they treeted also in the same place of the most important affairs4#hd ,there iz one neer ,lunden1#he in ,scania1 another at ,leyra1 in ,zealand1 and a third neer ,viburg1 in ,jutland4 #hd ,north4 ,antiq4 ,vol4 ,i4 #afi4 #he ,london1 in ,england1 probably had its name from this place4 ,this being a well attested fact1 we are disposed to beleev what iz related in the ,edda1 ,fable #gth1 where it iz asked1 what the universal father did when he bilt ,asgard1 7the divine abode47 ,it iz answered1 agreeable to the receeved opinion of the ,goths1 he in the beginning established governors1 and ordered there to decide whatever differences should arize among men1 and to regulate the government in the plain1 called ,ida1 wherein are twelv seets for themselves1 besides the throne which iz occupied by the universal father4#hf #hf ,north4 ,antiq4 ,vol4 ,,ii4 #da4 ,on this passage1 the translator of ,mallets ,history haz the following note4 ,theze judges were twelv in number4 ,waz this owing to there being twelv primary deities among the ,gothic nations1 az there were among the ,greeks and ,romans8 ,this ,i shall not take upon me to decide2 but ,i think one may plainly observe here the first traces of a custom1 which hath extended itself to a great many other things4 ,odin1 the conqueror of the north1 established a supreme court in ,sweden1 composed of twelv members1 to assist him in the functions of the preesthood and government4 ,this doubtless gave rise to what waz afterwards called the senate4 ,and the same establishment in like manner took place in ,denmark1 ,norway1 and other northern ,states4 ,theze senators decided in this last appeal1 all differences of importance2 they were1 if ,i may say so1 the assessors of the prince2 and were in number twelv1 az we are expressly informed by ,saxo1 in hiz life of king ,regner ,lodbrog4 ,nor are other monuments wanting1 which abundantly confirm this truth4 ,we find in ,zealand1 in ,sweden1 neer ,upsal1 and if ,i am not mistaken1 in the county of ,cornwal1 large stones1 to the number of twelv1 ranged in the form of a circle1 and in the midst of them1 one of a superior height4 ,such in thoze rude ages1 waz the hall of audience2 the stones that formed the circumference1 were the seets of the senators2 that in the middle1 the throne of the king4 ,the like monuments are found also in ,persia1 neer ,tauris4 ,travellers frequently meet there with large circles of hewn stones2 and the tradition of the country reports1 that theze are the places where the caous or giants formerly held their councils4#hg ,i think one may discover vestiges of this ancient custom1 in the fable of the twelv peers of ,france1 and in the establishment of twelv jurymen in ,england1 who are the proper judges1 according to the ancient laws of that country4 #hg ,see ,chardin's ,travels1 ,vol4 ,,iii4 ,it iz certain that some outlines of this mode of deciding controversies by twelv1 may be seen in the customs of the ,cimbri and ,teutones1 long before the ,christian era4 ,but ,i cannot find that the idea of equality ever entered into the original institution4 ,on the other hand1 every old authority that ,i hav consulted confirms me in the opinion1 that the twelv men were chosen from among the landholders or better classes of peeple2 that they were the judges of the court1 and that the distinction between judges and jury1 law and fact1 iz a refinement or improovment on the original constitution1 and comparativly of modern date4 ,it iz certain that a difference of rank existed among the ,germans in the time of ,tacitus4 ,reges ex nobilitate1 duces ex virtute sumunt4#hh ,the same writer expressly declares1 that matters of inferior concern and private justice came within the jurisdiction of their princes4 ,de minoribus rebus principes consultant1 de majoribus1 omnes4#hi ,in another passage1 he is more explicit3 ,principes jura per pagos vicosque reddunt4#ij ,cesar iz still more explicit3 ,principes regionum atque pagorum inter suos jus dicunt1 controversiasque minuunt4#ia ,theze principes regionum atque pagorum1 ,blackstone says1 we may fairly constur to be lords of hundreds and manors2#ib they were originally electiv1 az we are informed by ,tacitus1 eliguntur in conciliis principis1 and each had a hundred comites1 or assistant judges1 who were chosen from among the peeple4 ,centeni singulis1 explebe comites1 concilium simul et auctoritas1 adsunt4#ic ,theze hundred assistants1 or companions1 were chosen ex plebe2 but when chosen formed the concilium principis4 ,the prince waz their president1 chosen by themselves1 eliguntur in conciliis principes1 and had auctoritatem1 authority or jurisdiction in the town or district4 #hh ,tac4 de ,mor4 ,germ4 c4 #g4 #hi ,tac4 de ,mor4 ,germ4 c4 #aa4 #ij ,c4 #ab4 #ia ,de ,bello ,gallico4 lib4 ,,vi4 c4 #ba4 #ib ,com4 ,vol4 ,,iii4 #ce4 ,this cannot be strictly true2 for the principes were electiv2 and therefore could not hav owned the land 7pagus7 or exercised the office of judge in right of their property4 ,the kings1 princes1 and generals of the ancient ,germans were elected2 some for their nobility1 that iz1 the respectability of their families1 arising from the valor and merits of their ancestors2 others1 az their duces1 military commanders1 were chosen for their virtues1 their personal bravery4 ,this ,i take to be the meening of that passage in ,tacitus1 ,reges ex nobilitate1 duces ex virtute sumunt4 ,the ,comites ex plebe1 says ,selden1 chap4 #ah1 made one rank of freemen superior to the rest in wisdom4 ,the ,saxon nobles were called adelingi1 or wel born2 the freemen1 frilingi1 or free born2 the latter might be assistants in the judicial department4 ,the lower ranks were called lazzi or slaves2 and indolence iz so necessary a consequence of bondage1 that this word lazzi1 or lazy1 haz become sinonimous with indolent1 sluggish4 ,this word iz a living national satire upon every species of slavery4 ,but the effect of slavery iz not merely indolence2 its natural tendency iz to produce dishonesty2 almost every slave1 being1 says ,dr4 ,franklin1 from the nature of hiz employment1 a theef4 ,az a striking proof of this1 we may instance the change of meening in the words villain and knave1 which at first denoted tenant and plowman1 but during the oppressions of the feudal system1 come to signify1 a rogue4 ,vassal also denoted originally1 a tenant or feudatory of a superior lord4 ,it waz an honorable name1 the barons being called the kings vassals4 ,but servitude iz to natural a consequence of the tenure of lands under a proprietor1 in see1 that vassal haz become sinonimous with slave4c ,the change of meening in theze words iz a volum of instruction to princes and legislators4 ,reduce men to bondage1 and they hav no motiv but feer to keep them industrious and honest1 and of course1 most of them commence rogues and drones4 ,why hav not the tyrants of ,europe discovered this truth8 ,good laws1 and an equal distribution of the advantages and the rights of government1 would generally be an effectual substitute for the bayonet and the gallows4 ,look thro ,europe2 wherever we see poverty and oppression1 there we find a nursery of villains4 ,a difference in the property1 education and advantages1 originates the difference of character1 between the nobleman of nicest honor1 and the culprits that swing at ,tyburn4 c ,blackstone1 ,vol4 ,,ii4 #eb1 says1 we now uze the word vassal opprobriously1 az sinonimous to slave or bondman1 on account of the prejudices we hav justly conceived against the doctrins grafted on the feudal system4 ,so good a man ought not to hav uzed the word prejudice2 and so great a man ought to hav assigned a better reezon for this opprobriousness of the modern word vassal4 #ic ,de ,mor4 ,germ4 c4 #ac4 ,the idea of equality iz no where suggested2 on the contrary2 the hundredors when chosen became a court or legislature in the district1 competent to the general purposes of government4 ,no mention iz made of a distinction between the legislativ and judicial departments2 on the other hand1 we may safely conclude1 from the passeges of ,cesar and ,tacitus before quoted1 that the powers of making laws and deciding causes were vested in the same men4 ,cesar says1 nullus est in pace communis magistratus1 nor could the ,germans1 in their primitiv simple mode of living1 need such a magistrate4 ,the princes jus dicunt1 controversiasque minuunt1 distributed justice1 by the assistance of their comites1 and according to the circumstances of the peeple4#id ,this at leest waz the case with respect to matters of small magnitude4 #id ,the practice of choosing assistant judges in the ,roman commonwealth1 waz something similar to our mode of impannelling a jury4 ,theze assistants were sometimes a hundred1 and it iz not improbable1 the ,roman and ,german customs of electing that number might be derived from the same original4 ,the ,prtor1 7cheef justice7 or princeps judicum appointed by him1 summoned a number of persons1 who were called judices selecti1 select judges4 ,theze were to giv their verdict in criminal matters1 like our juries4 ,on the day of trial1 the first thing after opening the court1 waz the sortitio judicum1 or impannelling of the jury1 performed by the judex qustionis or cheef judge on the trial1 who took by lot such a number of the judices selecti1 or jurymen1 az the law1 on which the accusation waz founded1 had determined4 ,liberty waz given to the parties to reject1 7challenge7 and the places of thoze rejected1 were filled by new appointments4--,kennetts ,antiq4 of ,rome1 #ach4 ,the number of comites principis1 or assistants1 waz originally a hundred4 ,this gave name to the district which they governed1 and which afterwards consisted of any indefinit number1 still retaining the primitiv name4 ,in later ages1 the number of assistant judges waz reduced2 a grand jury still consists of twenty four2 a petit jury commonly consists of twelv1 but on certain occasions1 and by the custom of particular places in ,england1 may be composed of sixteen1 eight or six4#ie #ie ,see ,coke ,litt4 and ,hargraves notes on this subject4 ,such waz the constitution of the ancient ,germans1 in which we may discover the principles of the system which they every where established1 after their conquests in ,gaul1 ,spain1 ,italy and ,britain4 ,twelv waz a favorit number1 not only with the ,saxons1 but with all the nations of northern original4 ,they had twelv principal deities2 they numbered the units up to twelv1 instead of stopping at ten1 like other nations2#if they had twelv judges to assist their kings or princes2 their hall for the election of their kings consisted of twelv huge stones1 placed in a circle4 ,hence we discover the origin of the twelv senators of ,sweden1#ig ,denmark and ,norway2 the twelv counsellors of state in ancient times2 the fable1 az it iz called1 of the twelv peers in ,france2 the twelv judges in ,england1 and the trial by twelv peers or jurors1 which waz formerly common to all the northern nations of ,europe4#ih #if ,mallets ,north4 ,antiquities4 #ig ,mentioned in the preceding note1 copied from ,mallet4 #ih ,these facts gave rise to ,cokes quaint remarks1 that the law delighteth herself in the number of twelv2 and he adds1 the number of twelv iz much respected in holy writ2 as #ab apostles1 #ab stones1 #ab tribes1 c4 ,on juries1 fol4 #aee4 ,on the ,gothic establishments in the south and west of ,europe1 government took a military complection4 ,the kings parcelled out the conquered lands among their generals1 called duces or principes1 by the ,latin writers2 and by the ,saxons1 heretoga4 ,the generals of first rank receeved or acquired whole provinces1 az ,burgundy1 and the principalities of ,germany4 ,theze territories they distributed among their inferior officers and comites or retainers1 of whom every lord had great numbers about hiz person4 ,theze constituted a secondary1 but very numerous class of nobility2 and altho there might be differences of rank and property among them1 they were called by one general appellation4 ,in ,england1 they were called thanes1 from a word signifying to serve1 because they held their lands by the condition of military service4 ,on the continent1 they were called barons1 that is freemen1 or tenants of land1 upon condition of rendering certain military and honorable service to their superior lord1 who waz called lord paramount4 ,blackstone remarks1 that a baron's iz the most general and universal title of nobility2 for originally every one of the peers of superior rank had also a barony annexed to hiz title4#ii ,the origin of this title haz occasioned great enquiry among antiquaries2 but the difficulty vanishes upon my hypothesis1 which derives the word from bar1 a landholder and freeman2 for on the establishment of the feudal tenures1 all the lands were held by a few men2 the proprietors were all called barons1 and this accounts for the universality of the title just mentioned4 ,thus the bishops1 after they had obtained gifts of large tracts of land or manors1 resigned them to the conqueror1 ,william2 accepted them again subject to the conditions of lay fees1 claimed rank with the nobility1 and took their seets in the ,english house of lords4 ,actual possession of a barony waz originally requisit to constitute a lord of parliament2 but the title iz now granted by the king without the possession4 #ii ,com4 ,vol4 ,i4 #cih4 ,blackstone mentions the difficulty of tracing the word baron to its primitiv sense2 but confirms the foregoing explanation when he says1 the most probable opinion iz that barons were the same az our lords of manors4#ajj ,the name indeed waz not used in ,england 7so far as can be collected from ,english writers7 till after the conquest4 ,but it iz certain that the feudal system1 tho not in all its severity1 waz established in ,england before that period2 and degrees of nobility were cotemporary with the ,saxon establishments in the island4 ,the first class were called in ,saxon heretoga1 that iz generals or military commanders4 ,but the most ancient and perhaps the most important civil title waz that of earles or ealdormen4 ,theze erls were called also in ,saxon schiremen1 for they exercised supreme jurisdiction in the shires4 ,after the conquest they were called by the corresponding ,norman title counts1 from comites1 because they were the king's companions in war2 and their jurisdiction waz called a county4#aja #ajj ,com4 ,vol4 ,i4 #cii4 #aja ,i am by no meens certain that this derivation of counts from comites1 iz just2 it iz at leest az probable az otherwise1 that contees may be a ,gothic word4 ,but this iz conjecture4 ,inferior to theze in rank were the ,saxon thanes1 who were so called from the ,saxon thanian ministrare1 because they were the comites or attendants of the ancient kings or earls4 ,theze were numerous1 and after the conquest called by the equivalent continental title1 barons4 ,of theze there were different ranks1 thani majores or thani regis1 who served the king in places of high importance1 and took rank next to the bishops and abbots4 ,theze had inferior thanes under them1 called thani minores1 who were also lords of manors4#ajb ,the word peer ,i suppose to be derived from the same root az baron1 bar or par1 and to be equivalent in sense4 ,it iz cleer to me that landholder1 or man by way of eminence1 waz its original meening2 and that it iz a proper name of the ancient nobility1 given them az proprietors of vast tracts of land1 and that it had no reference to equality of rank4 #ajb ,see ,cowel on the word thane2 and in ,domesday1 thanus1 est tenens1 qui est caput manerii4 ,but there are better proofs of this point than that drawn from this supposed derivation4 ,the true original signification of the word we hav in the phrases1 house of peers1 peers of the relm1 peerage4 ,and for this assertion we hav the best authorities in the language4 ,cowel1 from whom ,johnson and most modern lawyers have borrowed their definitions of law terms1 after explaining the word peer az denoting jurors1 says expressly1 but this word iz most principally used for thoze that be of the nobility of the relm and lords of the parliament4 ,here the author haz mentioned a well supported fact1 and quotes ancient authorities4 ,but he immediately leevs fact1 and runs into conjecture1 az to the reezon of this appellation1 which he deduces from a preconceeved1 but probably erroneous1 opinion4 ,the reezon whereof iz1 that altho there be a distinction of degrees in our nobility1 yet in all public actions they are equal2 az in their votes of parliament1 c4 ,here the author takes it for granted that the word peer signifies equal1 and assigns1 az a cause of its most principal appropriation to the nobility1 that the men1 tho of different ranks1 hav an equal vote in parliament4 ,this a curious reason indeed6 ,a man must be more credulous than ,i am1 to beleev this slight circumstance would giv rise to such a particular appropriation of a name4 ,one would think that the same reezon would hav given the name to the clergy in convocation and other ecclesiastical courts4 ,yet the learned and candid ,blackstone haz copied the same reezon4 ,the commonalty1 like the nobility1 are divided into several degrees2 and1 az the lords1 tho different in rank1 yet all them are peers in respect of their nobility2 so the commoners1 tho some are greatly superior to others1 yet all are in law peers1 in respect of their want of nobility4#ajc ,this appeers very extraordinary1 that an equality of suffrage should giv an appellation in preference to difference of rank1 which iz1 so much more obvious and more flattering to the haughty barons4 ,but if the commoners are peers or equals in suffrage az well az the lords2 that iz1 on the same principle2 or as ,blackstone states it1 if the lords are peers because they are noble1 and the commoners are peers1 because they are not noble1 why hav not the commoners the same appellations of peers of the relm8 ,the lords are not equally noble1 by ,blackstone's own statement1 for they are of very different ranks2 and the commons are not equally ignoble1 7this word iz used merely for contrast7 for they are of different ranks3 ,yet the vote of one commoner iz az good in the house of commons1 az that of another2 and the vote of one lord1 in the other house1 iz az good az that of another4 ,if the equality of suffrage iz a proper ground for the title of peers in one house1 the reezon extends to the other4 ,yet commoners are not peers of the relm2 and until a good reezon can be assigned for the distinction of titles between the houses1 ,i shall beleev that the word peer had originally no reference to equality4#ajd #ajc ,com4 ,vol4 ,i4 #djc4 ,but the same author1 in page #cii1 says1 the right of peerage seems to hav been originally territorial1 that iz1 annexed to lands1 manors1 c4 the proprietors of which were1 in right of thoze estates1 allowed to be peers of the relm2 that iz1 in plain ,english1 certain men1 in right of their estates1 were allowed to be equals of the relm4 ,this will not pass for reezon and truth on this side of the ,atlantic4 #ajd ,horne1 in hiz ,mirror of ,justices1 chap4 ,i4 sect4 #b4 says1 altho the king ought not to hav any peer 7that iz1 equal7 in the land1 yet because he cannot be a judge in a case where he iz a party1 it waz behovefull by the law that he should hav companions to heer and determin of all writs and plaints of all wrongs1 c4 ,theze companions are now called countees1 earles1 according to the ,latin comites1 c4 ,this iz singular6 ,the king ought to hav no equal2 therefore he ought to hav companions for judges2 or1 in plainer words1 if possible1 the king ought not to hav equals in the kingdom1 therefore he should hav peers to heer and determin criminal causes4 ,common sense at leest1 if not etymology1 will say1 the king ought not to hav equals1 but he must hav judges4 ,but say the ,english lawyers and antiquaries1 the bishops are not in strictness held to be peers of the relm1 but only lords of parliament4#aje ,why not8 ,what is the distinction8 ,here our authors leev us in the dark2 but perhaps the foregoing clu will leed us to the light4 ,bishops were not the original proprietors of baronies2 they were not bars or pars1 the hereditary lords of manors1 consequently not peers of the relm4 ,this iz such an obvious solution of the question1 that ,i am surprized it should hav been overlooked4 ,under the papal hierarchy1 the clergy gained vast influence over the minds of men1 and by a variety of expedients1 became possessed of large estates1 and some of them1 of ancient baronies4 ,but their acquisitions were comparativly of modern date1 and many of them usurpations1 altho in consequence of their estates they obtained a seet in the house of lords4 ,they are therefore lords of parliament2 but the ancient peers1 priding themselves upon the antiquity of their families1 and claiming certain prescriptiv rights1 would not admit the clergy to an equal share of authority and honor2 for to this day1 a vote of the temporal lords iz good against every vote of the clergy4#ajf #aje ,blackstone1 ,vol4 ,i4 #aeg1 from ,staunford ,p ,c4 #aec4 #ajf ,it iz now held that e converso1 a vote of the spiritual lords1 if a majority1 iz good against all the temporal lords2 but ,coke douts it4 ,supposing this to be admitted1 the privilege is modern1 and makes nothing against my supposition4 ,the appellation peer1 says ,cowel1 seems to be borrowed from ,france1 and from thoze twelv peers that ,charlemagne instituted in that kingdom4 ,the same word waz used by other nations4 ,theze twelv peers constituted a great council or supreme court1 and the members were all barons1 or of the nobility4#ajg ,can the word1 applied to the members of this council1 signify equal8 ,by no meens4 ,here we trace the word to a remote period of antiquity1 and find it used by the emperor of ,germany2 or at leest an appellation given to one of the first councils in hiz dominions4 ,this iz the pure primitiv sense of the word peers1 barons1 that iz1 in the full latitude of its signification1 all the ancient nobility2 who held lands of him ether immediately or mediately2 who formed hiz supreme judicial court1 and in some countries1 hiz legislativ assembly2 who were hereditary councillors of the crown2 and cheef judges of all causes arising on their own manors1 except such az were of great consequence4 #ajg ,it haz been remarked that baron iz the most general title of nobility2 indeed every nobleman waz originally a baron4 ,coke4 ,i4 #gd4 ,the lords of manors1 both in ,england and on the continent1 were the suitors in the king's court1 and called pares curtis or curi4 ,the lords tenants were called the peers of hiz court baron4 ,see ,blackstone1 ,vol4 ,i4 ch4 #d4 ,this explanation accounts for what ,selden has remarked1 chap4 #fe1 that the barons of ,england1 before the reign of ,edward ,i1 were rather the great and richer sort of men1 than peers1 altho they were of the number4 ,that iz1 the ,saxon thanes1 who were great landholders1 but inferior to the erls1 had1 after the conquest1 receeved the appellation of barons from the continent2 but1 being a secondary class of nobility1 had not claimed or acquired the power and privileges of the ,german and ,french princes and nobles who had the title of peers1 until the ,norman kings had introduced1 into the kingdom1 the oppressiv and invidious distinctions of the feudal tenures1 in the full extent of the system4 ,it will be enquired1 if this iz the sense of the word1 how came juries of common freeholders to be called peers8 ,the answer iz eesy2 the jurors were the judges of the inferior courts1 and not merely the equals of the parties1 az iz commonly supposed4 ,the erl or baron1 in strictness2 but more commonly1 the vice-comes1 sheriff or lords deputy1 waz the president or cheef justice1 and the jurors1 the assistant judges4 ,for this opinion1 numberless authorities may be produced4 ,the barons were the assistant judges1 peers1 in the court of the lord paramount or king1 and thus became judges by prescription2 so the word peer or baron1 in time1 became equivalent to judge4 ,az the nobles were judges in the kings court1 and decided on appeels in the last resort1 so the freeholders who constituted the court in the county1 hundred or manor1 came to be denominated peers1 that iz1 judges4 ,reeve1 in hiz history of the ,english ,law1 remarks1 that the administration of justice in the days of ,william the conqueror1 waz so commonly attendant on the rank and character of a baron1 that baro and justiciarius were often used synonimously4 ,blackstone says1 it iz probable the barons were the same az our lords of manors1 to which the name of court baron 7which iz the lords court1 and incident to every manor7 givs some countenance4 ,vol4 ,i4 #cih4 ,it iz surprizing1 theze writers should approach so neer the tru original and meening of the word1 baron1 and not reech it4 ,most writers on the ancient state of government in ,europe1 hav remarked that the nobility held the office of judges4 ,les mesmes comtes1 says ,mezeray1 et ducs1 qui jugeoint les ,franois1 les menoient a la guerre4 tom4 ,i4 p4 #aah4 ,the counts and dukes were both judges and generals4 ,duo--comitum munera fure2 unum videlicet justiti populis ministrand1 alterum militi sibi subject1 quando in bellum eundum erat1 educend atque regend4 ,muratori4 ,antiq4 ,ital4 tom4 ,i4 p4 #cii4 ,the counts had two offices or departments of business2 the administration of justice1 and command of the troops in war4 ,stuart1 in hiz ,english ,constitution1 remarks1 that the erls presided in the courts of law4 ,their jurisdiction extended over their feefs3 ,in all causes1 civil and criminal1 they judged without appeel1 except in cases of the utmost consequence4 ,part #c4 ,sect4 #c4 ,i presume it iz needless to multiply authorities4 ,the strongest argument in favor of my opinions iz drawn from the supreme judiciary powers of the house of lords in ,england4 ,the lords are peers of the relm2 that iz1 the ancient prescriptiv judges or barons1 who claim the privilege by hereditary right or immemorial usuage4 ,the house of peers1 iz literally and in fact1 a house of judges2 an assembly of all the ancient judges in the kingdom4 ,so ,selden relates of the ,saxons1 whom he supposes to be descended from the same original az the ,greeks1 and long prior to the ages of ,roman glory2 their country they divided into counties or circuits1 all under the government of twelv lords1 like the ,athenian territory under the ,archontes4 ,theze1 with the other princes1 had the judicial power of distributiv justice committed to them1 with a hundred commoners out of each division4 ,tit4 ,saxons4 ,the same writer declares1 chap4 #eh1 that the nobles were in their most ordinary work1 meetings of judges1 or courts of judicature2 that the king and hiz barons made many laws and constitutions which hav obtained the name of statutes1 7which he supposes may hav been equitable decisions of new causes1 which afterwards had the force of laws7 that the judges of this supreme court are the baronage of ,england2 and that the house of lords still retain their supreme judiciary powers by ancient prescriptiv right4 ,in addition to this authority1 ,i would remark that the modern supreme judiciary of ,scotland iz copied almost exactly from the ancient ,saxon trial by laghmen or thanes4 ,the lords of session1 or president and fourteen judges1 are a court of law and fact1 without a jury2 and this iz exactly the old trial by peers4 ,the parliaments in ,france are justly said by lord ,coke1 to be ordinary courts of justice2 another striking evidence of what ,i hav advanced4 ,the word parliament came from ,france1 where it denotes that assembly of barons1 which constitutes the supreme court of justice in each of the several provinces4 ,this iz the original import of the word1 and the parliaments in ,france still retain that signification4 ,this name waz introduced into ,england1 under the ,norman princes1 and superseded the ,saxon name of the national assembly1 witena-gemote4 ,indeed1 during the depression of the peeple1 under the first princes of the ,norman line1 when the military tenures were established with rigor1 national assemblies were called but seldom1 and when summoned1 consisted principally of the bishops and peers 7barons7 of the relm4 ,they however acquired the name of parliament1 and retain it to this day2 altho one branch of that body iz composed of commoners4 ,the tru meening of parliament iz a meeting of barons or peers1 and their principal business waz to decide controversies3 ,they had original jurisdiction over causes in which the nobles were parties1 az men of rank would not seek redress before an inferior tribunal2 and they had an appellate jurisdiction over other causes in the last resort4 ,the parliament of ,england iz a legislativ body2 but the house of lords retains the primitiv privilege of finally deciding controversies4 ,this branch of the legislature alone answers to the parliaments in ,france1 which approach neer the ancient institution4#ajh #ajh ,the ,norman princes might well call their councils parliaments1 meetings of barons2 for they often summoned none but the barons and clergy1 and sometimes but a few of the barons4 ,henry the third1 once summoned but twenty five barons of two hundred and fifty1 then in the kingdom1 and one hundred and fifty of the clergy4 ,yet this meeting waz a parliament4 ,selden1 chap4 #fg4 ,so in ,england1 the house of lords1 and even the temporal lords alone1 were called formerly a parliament4 ,blackstone1 b4 ,,iv1 c4 #ai1 upon the authority of ancient books and records1 repeetedly denominates the house of peers1 when acting az a court of supreme judicature1 a parliament1 a full parliament2 and the spiritual lords are not permitted to giv any vote upon gilty or not gilty1 for they are not ancient peers 7that iz1 barons1 prescriptiv judges7 of the relm4 ,it haz been douted whether the spiritual lords had a right to sit in the house on the trial of a peer2 but by a determination of the lords in the erl of ,danby's case1 #afgi1 they were permitted to stay and sit in court in capital cases1 till the court proceeds to the vote of gilty or not gilty4 ,still they form no part of the court2 the temporal lords constituting a full parliament1 that iz1 az ,i hav explained the tru primitiv meening of the word1 a meeting of barons or judges4#aji #aji ,thoze who wish to see a more particular account of the extensiv judicial powers of the barons in ,europe1 may consult ,robertson's ,charles ,v4 ,vol4 ,i4 page #di1 and note ,z page #bej1 where the authorities are referred to4 ,i would just add on this head1 that the institution of twelv judges in ,england1 iz copied from the ancient mode of trial in ,germany4 ,the old ,curia ,regis consisted of the king1 hiz grand justiciary1 the officers of hiz palace and his barons4 ,this court followed the kings person wherever he went4 ,out of this were formed the several courts now established at ,westminster4 ,but the title of barons of the exchequer and barons of the cinque ports1 who are judges1 furnishes an additional argument in favor of my opinions4 ,the foregoing explanation of the words1 baron and peer1 leeds to a probable account of the trial by peers4 ,it can be prooved that the jurors were the judges of the county1 hundred and manor courts1 and the probability iz that the suitors in theze courts receeved the appellation of peers1 from the circumstance of their being landholders4 ,several authorities seem at leest to favor this opinion4 ,concerning the institution of this court by the laws and ordinances of ancient kings1 and especially of ,alfred1 it appeereth that the first kings of this relm had all the lands of ,england in demesne1 and les grand manors et royalties1 they reserved to themselves2 and of the remnant1 they1 for the defence of the relm1 enscoffed the barons of the relm1 with such jurisdiction az the court baron now hath1 and instituted the freeholders to be judges of the court baron4#aaj #aaj ,coke ,litt4 #gd4 ,that the freeholders were judges iz tru2 but that the barons and freeholders derived their authority from kings1 iz wholly a mistake4 ,the manor courts are of two sorts4 ,the first iz by the common law1 and iz called the court baron1 az some hav said1 for that it iz the freeholders or freemens court1 7for barons in one sense signifie freemen7 and of that court the freeholders1 being suitors1 be judges4 ,the second iz the copyholders court1 which iz called a court baron1 because among the laws of king ,edward the confessor1 it iz said3 ,barones vero qui suam habent curiam de suis hominibus1 taking the name of the baron who waz lord of the manor1 or for that properly in the eye of the law1 it hath relation to the freeholders who are judges of this court4 ,and in ancient charters and records1 the barons of ,london and the cinque ports do signify the freemen of ,london and the cinque ports4#aaa ,theze passages are express to my purpose4 ,indeed it must hav been that the freeholders1 now called jurors1 were judges2 for the lord of the manor waz cheef judge or president merely1 and we heer nothing1 at this erly period of ,saxon jurisprudence1 of a distinction between law and fact4 #aaa #a4 ,coke ,litt4 #gc4 ,horne1 in the ,mirror of ,justices1 asserts#aab that by the constitutions of ,alfred1 the free tenants in every county1 hundred and manor1 were to meet together and judge their nabors4 ,every free tenant hath ordinary jurisdiction in theze courts4 ,the lords and tenants shall incur certain penalties by the judgement of the suitors4 ,theze courts are called county courts1 where the judgement iz by the suitors1 if there be no writ1 and iz by warrant of ordinary jurisdiction4 ,that iz1 when there waz no special court held by the justices in eyre4#aac ,so also in a book called the ,diversity of ,courts1 written in ,henry the eighth's time1 it iz said1 in the court baron the suitors are the judges1 and not the steward4 #aab ,cap4 ,i4 ,sect4 ,,iii4 #aac ,he must speak of the state of things after the conquest1 otherwise justices in eyre would not hav been mentioned4 ,cowel tels us1 the court baron iz more properly curia baronum1 i4 e4 the court of freeholders1 7for so barones does also signify7 over whom the lord of the manor presides4 ,in this court the freeholders are judges4#aad #aad ,law ,dict4 ,court baron4 ,selden's authority confirms this fact4 ,he says1 neether waz the bishops nor sheriffs work1 in the folk-mote or county court1 other than directory or declaratory2 for the freemen were judges of the fact1 and the other did but edocere jura populo4#aae ,here a distinction iz cleerly made beetween the freemen and the populus2 the freemen were the judges1 and the bishop or sheriff edocuit jura1 proclaimed the decision to the multitude4 ,the freemen1 or landholders1 then were the peers of the court2 they were not the equals of the multitude1 for the populus1 the laborers of all descriptions1 were considered az belonging to an inferior class of men1 and had no voice in the folk-mote4 #aae ,bacon's ,selden chap4 #bd4 ,to sum up the whole1 we hav the authority of the correct and judicious ,blackstone1 who expressly asserts1 book ,,iii4 chapters ,,iv and ,v1 that in the court baron1 the hundred court and county court1 the freeholders or suitors are the judges1 and the steward in the two former1 and the sheriff in the latter1 are the registrars or ministerial officers4 ,now it iz well known that before the conquest1 theze included all the courts that were in the kingdom1 except the witena-gemote1 in which there waz nothing like a jury1 separate from the members of that council4 ,so that the freeholders or jurors were not only judges1 but they were the sole judges in all the inferior courts in the kingdom2 and of course there could be little or no distinction between law and fact4 ,nay1 more1 the suitors were the witnesses also2 and the principal reezon for summoning freeholders of the vicinage waz originally this2 it waz supposed they were acquainted with the facts in dispute4 ,hence laws were made to compel the jurors to tell the truth1 if they knew the facts1 which waz always supposed1 till the contrary appeered4 ,in theze courts small causes were decided2 and the county court had cognizance of ecclesiastical causes1 az well az civil1 and often determined disputes between the nobles1 about real estates of immense value4 ,but important matters were generally brought before the witena-gemote1 or assembly composed of the king1 bishops1 erls and wise men4 ,this waz a national council1 which united in itself all powers1 legislativ1 judicial1 civil and ecclesiastical1 in law and equity4 ,such a thing az a jury waz never known in this supreme court4 ,william the conqueror first separated the civil from the ecclesiastical authority1 and substituted the aula regi1 a high court1 consisting of hiz cheef officers and barons1 in place of the ,saxon witena-gemote4 ,this court waz the supreme judicature in the nation2 a jury waz no part of it1 and it followed the king wherever he went1 till it waz fixed by ,magna ,charta in ,westminster ,hall4 ,afterwards1 in the reigns of ,henry ,,iii and ,edward ,i1 several courts were carved out of the ,aula ,regis2 az the common pleas1 the court of kings bench1 the exchequer and chancery courts2 and it does not appeer that a jury1 distinct from the judges1 formed any part of the important common law courts1 till after this period4 ,the distinction therefore between judges and jury1 law and fact1 seems not to hav been known1 till the dissolution of the ,aula ,regis1 at the cloze of the thirteenth century4 ,let us enquire what kind of men theze freeholders were1 who were summoned az jurors or judges at theze courts4 ,lord ,coke iz express1 and quotes ,glanvil and ,bracton for authorities1 that in ancient times the jurors were twelv knights1 7that iz1 probably1 persons holding land amounting to a knights see47#aaf #aaf ,some say this see waz eight hundred akers of land2 others1 six hundred and eighty1 or #bjl4 a year1 which1 considering the difference in the value of money1 waz equal perhaps to #cjjl4 or #djjl4 at the present time4 ,here seems to be a confusion of ancient and modern ideas4 ,the ancient knights see waz a certain tract of land2 in later times that see was valued at #bjl4 in money4 ,henry ,,iii issued writs to the several counties to enquire into the liberties of hiz subjects1 by twelv good and lawful knights4#aag ,the ,saxon laws are more explicit4 ,habeantur placita in singulis wapentachiis1 ut exeantur duodecem thayni et prpositus cum eis1 et jurent super sanetuarium1 quod eis dabitur in manu1 quod neminem innocentem velint accusare1 vel noxium concelare4#aah ,here the law of ,ethelred iz explicit in ordaining a court of twelve thayni1 thanes or barons1 with their prpositus or president1 who waz the officer of the hundred4 ,cowel remarks on this passage1 that this may seem to intend the number of judges1 and not of the jury2 but the jury themselves1 in some cases1 are judges1 that iz1 they are judges of the fact1 and the judge iz bound to giv sentence according to their verdict4 ,this writer here supposes the thayni to be really jurors and judges2 but judges only of the fact4 ,this iz the fundamental error of most lawyers who hav written on the subject2 they take it for granted1 that the distinction of law and fact waz coeval with the trial by twelv freeholders4 ,yet a single circumstance1 mentioned by ,cowel in the same page1 with the passage quoted1 might hav undeceeved him1 which iz1 that trial by jury waz anciently called duodecem virale judicium1 the judgement of twelv men4 ,their sentence or decision waz called a judgement2 the distinction between the verdict of a jury1 and the judgement of the court1 waz unknown in the erly ages of the ,saxons2 nor can ,i find it mentioned1 till after the conquest4 #aag ,hale's ,hist of ,com4 ,law1 #aed4 #aah ,l ,l ,ethel4 c4 #d4 ,this1 and similar passages1 hav however occasioned much dispute among other ,english lawyers and antiquaries4 ,they hav adopted the opinion1 that a jury must consist of twelv equal commoners1 and cannot explain what iz ment by summoning twelv thanes4 ,brady and ,hicks1 says ,stuart1 contended that theze thanes were not jurors1 but judges or lawyers4 ,coke and ,spelman were of a different opinion4 ,the truth iz1 they were both jurors and judges2 and a knowlege of the tru primitiv sense of one little monosyllable in our language1 would hav unravelled the whole mystery to theze learned enquirers4 ,the most usual word for jurors1 in the ,saxon laws1 iz lahmen or lagemen2 a word that haz puzzled the law writers1 az it seems to meen something more than equals2 and they hav no idea of any thing in a jury1 but equality4 ,hicks supposed them to be judges1 duodeni jure consulti1 men versed in law4 ,spelman rendered the word1 legales homines1 good and lawful men2 very inadequate words indeed2 but the error haz been copied times without number1 and still prevails4 ,lahman iz literally a law man1 man of the law1 a judge4 ,law waz in a rude state1 at that period2 but the thanes were both lawyers and judges2 jure consulti4#aai ,professional distinctions could not be but little known1 amidst an unlettered peeple1 who had few positiv laws1 and fewer records and precedents2 and the lahmen1 the seniores thani1 or meliores viri1 az they were called1 were summoned at certain times to decide controversies1 according to law1 where a law waz provided2 otherwise according to their discretion4 ,the decisions of theze lahmen were held in esteem2 many of them were preserved and handed down by tradition1 and ,i hav no dout1 theze1 rather than statutes1 gave rise to the general and particular customs1 which are called the common law of ,england4#abj #aai ,we find by ancient records1 that the clergy1 before the conquest1 were sometimes summoned az jurors or judges in the temporal courts4d ,but the thanes were the most usual judges in the courts baron4 ,the proper ,saxon name of this court waz halimate or halmote1 hallmeeting2 ,omnis causa terminetur vel hundredo1 vel comitatu1 vel halimote1 socam habentiam1 vel dominorum curia4e ,and in ,w4 ,thorn1 ,anno #aagf1 the judges of this court are expressly said to be thanes1 thanenses1 qui in ,halimoto suo1 in ,thaneto1 omnia sua judicia exerceri1 7debent47 ,selden1 chap4 #dg1 mentions a law of ,henry ,i1 which recites a custom of that time1 by which the bishops and erls1 with other the cheef men of the county1 were present in the county court az assistants in directory of judgement4 ,nothing can be more explicit4 ,and altho ,selden1 in a passage hereafter quoted1 mentions a compromise between ,gunthrune1 the ,dane1 and the ,saxon king1 that men of a rank inferior to lords should be tried by their equals1 yet this inferior rank could extend only to freemen2 for others were never admitted upon juries4 d ,see ,selden1 tit ,sax4 bishops4 e ,l4 ,l4 ,hen4 ,i4 cap4 #aj4 #abj ,and the sheriffs and bailiffs caused the free tenants of their bailiwicks to meet at the counties and hundreds1 at which justice waz so done1 that every one so judged hiz nabor by such judgement az a man could not elsewhere receev in the like cases1 until such times az the customs of the relm were put in writing1 and certainly established4---- ,mirror4 chap #a4 sect4 #c4 ,coke defines lahman to be one1 habens socam et sacam super homines suos2 that iz1 liberty of holding a court over hiz tenants3 ,which explanation he quotes from ,bracton4 ,soke17or soc7 significat libertatem curi tenentium quam socam appellamus4#aba #aba ,fleta4 lib4 ,i4 c4 #dg4 ,this word iz found in domesday and in the laws of ,edward the confessor4 ,cowel quotes a passage from an ancient book1 where ,ulvet1 the ,son of ,forno1 iz called lagaman of the city of ,york1 where1 he says1 it doutless signified some cheef officer1 az judge or recorder4 ,thoze who had socam et sacam1 or jurisdiction over the persons and estates of their tenants1 were the thanes or barons2 and this iz agreed by ,lambard1 ,somner1 ,coke1 ,cowel1 and most writers on law4#abb ,lambard1 whoze authority iz very respectable1 speeks of a jury thus3 ,in singulis ,centuriis comitia sunto1 atque liber conditionis viri duodeni tate superiores un cum prposito1 sacra tenentes juranto1 c4 ,of a jury per medietatem lingu1 he says1 ,viri duodeni jure consulti1 ,angli sex1 ,walli totidem1 ,anglis et ,wallis jus dicunto4 ,fol4 #ia4 #c4 ,here ,lambard not only describes jurors az men of free condition and respectable for age1 but az jure consulti1 the judges of the court2 and jus dicunto2 they were men who administered law and justice4 ,this1 it appeers from all ancient testimonies1 waz the uniform practice among the ,saxons4 ,the jurors were twelv thanes or men of free condition2 lahmen1 jure consulti1 or judges1 and constituted the court2 with the prpositus1 or proper officer of the district1 az their president1 who sat az the deputy of the erl1 in the county court2 the deputy of the lord of the manor1 in the court baron2 or az the cheef magistrate of the hundred4 ,and one source of error in understanding this ancient institution1 haz been the wrong translation of lahman1 by ,spelman and others1 who rendered the word1 legalis homo2 a good and lawful man4 ,the meening iz not so indefinit az a lawful man1 which could not be redily understood or explained4 ,rude nations do not deal in such vague ideas4 ,the meening iz1 man of law1 whoze business it waz to know the law and administer justice4#abc #abb ,laghman1 to this day1 iz the name of a judge or magistrate1 both in ,sweden and ,iceland4 ,in theze countries it retains its primitiv and tru ,english meening4--,mallets ,north4 ,antiq4 ,vol4 ,i4 #abc ,selden waz forced to confess the jure consulti and tate superiores1 so often mentioned in the ,saxon laws1 az composing the homage or jury of twelv1 to hav been cheef men both for experience and knowlege4 ,to such as stumble at this conceet1 as he expresses it1 he remarks that the work of jurors requires them to be cheef men1 az they judge of matter of fact2 7a reezon drawn from the modern notions of jurymen's province47 ,and he adds1 the jurors1 who were co-assessors1 with the bishop or sheriff in the court1 were seeted in the most eminent place1 and might hav held it to this day1 az they do in ,sweden1 had the cheef men still holden the service4 ,but the great became negligent of such public duties1 and left the business to thoze of a meener condition1 who would not or durst not take the bench2 and therefore took their seets on the floor--7took separate seets47 ,he says further1 that the ,danes1 on their settlement in ,england1 would not associate with men of this condition2 so that a compromise took place between ,alfred1 the ,saxon king1 and ,gunthrune1 the ,dane1 by which it waz decreed1 that a lord or baron should be tried by twelv lords1 and one of inferior rank1 by eleven of his equals and one lord4 ,this waz in the case of homicide only2 tho afterwards the law might extend to other cases and civil suits4 ,by hiz own account of the matter1 this writer supposes the trial by twelv waz originally a trial by the cheef men1 7thanes lahmen7 and the idea of equality waz never suggested in the practice till the ninth or tenth century4 ,but juries existed az courts for centuries before2 and the word peers iz acknowleged to hav had its origin on the continent1 where it signified the lords or members of the high court instituted by ,charlemagne4 ,in modern use1 trial by peers iz trial by equals generally2 for men are mostly become freemen and landholders2 but this waz not the primitiv practice2 nor was equality the basis of the institution4 ,even if we suppose the word peer to hav signified equal1 as uzed originally on the continent1 it extended no privilege on that account to the body of the nations where it waz used2 for it ment only the kings equals1 hiz comites1 hiz dukes1 erls and barons1 among whom he waz merely primus inter pares4 ,in ,england ,bracton1 who wrote under ,henry ,,iii1 declares the king waz considered in this light2 and that the erls and barons are his associates1 who ought to bridle him1 when the law does not4f ,the courts then which ,charlemagne instituted in ,france and ,germany1 consisted merely of the kings peers or equals2 and in theze countries1 the courts remain mostly on the ancient footing2 so that none but the nobility can be tried by their equals4 ,in this sense of the word therefore juries were not used in ,england1 till the compromise between ,alfred and ,gunthrune1 about the year #ijj4 ,before that period1 the jurors were not called or considered az equals2 but they were thanes1 jure consulti1 lahmen and clergymen4 ,a distinction afterwards took place1 and lords were tried by their equals1 and commoners by theirs4 f ,l4 ,i4 c4 #af4 ,but if we suppose the word to meen legalis homo1 and that the only requisit in a juror1 iz freedom2 or that he should be liber homo2 this would exclude a vast proportion of the ,english nation from the privilege4 ,i know that ,magna ,charta repeetedly mentions theze freemen1 liberos homines1 and secures to them certain rights1 among which iz1 trial per pares suos1 which ,i suppose to hav been originally1 by their judges2 altho at this period1 the idea of equality in the condition of judges might hav prevailed3 ,and indeed the freemen were mostly tried by men of equal rank4 ,i am sensible also that the modern construction of ,magna ,charta extends this privilege to every man in the relm of ,england2 omnis liber homo iz said to comprehend every ,english subject4 ,i rejoice that by the struggles of a brave peeple1 this construction of that compact haz actually taken effect in a considerable degree4 ,but ,i cannot think all the ,english nation were comprehended in the words of the instrument2 or that the privilege of trial by peers waz extended1 or ment to be extended1 to all the peeple4 ,magna ,charta waz merely a convention between the king and hiz barons1 assembled at ,runing-mead2 and the laboring part of the peeple1 debased by servitude under an oppressiv aristocracy1 seem hardly to hav been in the contemplation of the parties4 ,the villeins1 rustics1 or tenants at will1 who probably composed a majority of the peeple1 had one privilege indeed secured to them3 ,it waz stipulated that they should not be deprived1 by fine1 of their carts1 plows1 and other instruments of husbandry2 that iz1 they should not be deprived of the meens of laboring for their masters4 ,further than this1 a large proportion of the ,english were not noticed in ,magna ,charta1 but were considered az a part of their lords property1 and transferable1 like moveables1 at their plezure4 ,the freemen1 or thoze classes of peeple which came within the description of liberi homines in that famous convention1 were the nobility and clergy tenants in capite1 or such at most az had a life estate in lands1 and could serve on juries4 ,the lazzi1 villeins1 or modern copyholders1 were not at that time capable of serving2 they were below the rank of freemen2 they had not the right of trial by peers1 even in the common acceptation of the word2 nor were they admitted to the privilege till the reign of ,richard ,,iii4 ,multitudes of them are not peers of the commons1 even on the principle of equal suffrage1 for they hav not the property requisit to qualify them for the privilege of voting at elections4 ,blackstone's assertion therefore1 that every subject of the kingdom haz a right by ,magna ,charta1 to trial by hiz equals1 cannot be tru1 for vast numbers of the nations are not1 and never were1 entitled to be jurors4 ,but in the sense ,i understand and hav explained the word1 every man haz a right to trial by hiz peers2 that iz1 by freeholders of the vicinity1 who are his judges4 ,the propriety of calling them hiz judges1 pares suos1 iz discovered in the gradation of courts established in ,england4 ,the peers of the relm1 or barons1 were originally the suitors or judges in the kings court1 where alone the nobility were tried2 hence the barons were always tried by their judges1 pares suos4 ,the clergy1 the thanes of the lower class1 or other freeholders who had life estates in lands1 were the suitors in the courts of the counties1 the hundreds and manors4 ,theze were the judges of theze courts1 and called peers4 ,the freemen might be said to be tried by their equals2 but the villeins were not2 yet both were tried by their peers2 that iz1 by the peers of theze inferior courts1 who were exclusivly the judges4#abd #abd ,the division of the county waz done by freemen1 who are the sole judges thereof4g ,selden1 ,matthew1 ,paris1 and others1 testify that the folk-mote1 peeple's meeting or county court1 waz a county parliament1 invested with legislativ or discretionary powers in county matters4 ,in theze small districts1 they appeer to hav been competent to decide all controversies1 and make all necessary local regulations4 ,the legislativ1 judicial and executiv powers1 both civil and ecclesiastical1 were originally blended in the same council2 the witena-gemote had the powers of a legislature1 of a court of law1 and of a court of equity over the whole kingdom1 in all matters of great and general concern4 ,but this court waz composed of lords1 bishops1 and majores natu or sapientes1 men respected for their age and lerning1 who were of the rank of freemen4 ,all the freemen were bound also to do suit in the lords court1 and to attend the folk-mote on the sheriffs summons2 but twelv were usually selected to sit az judges in common cases4 g ,selden on the authority of ,polydore4 ,the cast powers of the county court1 when the freeholders were all summoned and actually sat in judgement1 may be understood by two facts4 ,one1 the conquerors half-brother1 and ,lanfrank1 archbishop of ,canterbury1 had a dispute about certain lands and tenements in ,kent4 ,the archbishop petitioned the king1 who issued hiz writ1 and summoned the freemen of the county1 to take cognizance of the suit4 ,after three days trial1 the freemen gave judgement for the archbishop1 and the decision waz final4 ,in like manner1 two peers of the relm1 a ,norman and an ,italian1 submitted a title in fifteen manors1 two townships1 and many liberties1 to the freeholders of the county1 whose judgement waz allowed by the king4h h ,selden4 ,chap4 #dh4 ,from what haz been advanced on this subject1 if we may rely on substantial authorities1 and at leest probable etymologies1 the following conclusions may be safely deduced4 ,that in ancient ,germany1 the principes pagorum et regionum1 with a certain number of assistants1 originally a hundred1 sometimes twenty four1 but commonly twelv1 elected by the peeple1 7not pro re nata1 but for a stated period7 formed a council 7concilium7 for the government of a district3 ,that in their military expeditions1 the duces1 or generals1 had their life guards1 or comites1 who attached themselves to the person of their cheef1 and fought by hiz side3#abe ,that theze retainers1 in some of the ,teutonic dialects on the continent1 were called barons1 az they were called thanes by the ,saxons in ,england3 ,that after the irruption of the northern nations into the south of ,europe1 the conquered lands were divided among the great officers and their retainers1 az fees or stipendiary feuds1 on the honorable tenure of military service3 ,that the princes1 erls and barons1 hav been1 from time immemorial1 the assistant judges in the kings courts1 and eech of them1 a cheef judge1 with power of holding courts1 on hiz own demesnes3 ,that parliaments on the continent were assemblies of barons1 and originally courts of justice1 az they are still in ,france3 ,that the word peers waz first used on the continent1 to denote the members of this supreme judicial court1 and in its primitiv sense1 az derived from bar or par1 it signified freemen or landholders2 and thence came to denote judges1 who were originally the proprietors of lands or manors3 ,that this latter sense iz its tru meening1 whether applied to the house of lords or to a common jury1 who were anciently the judges of the inferior courts1 and are still1 in many cases1 judges of law az well az fact1 notwithstanding the modern distinction1 which haz taken place in consequence of an extensiv and vastly complicated system of jurisprudence3 ,that the house of lords in ,england retains the primitiv sense of the word peers1 az well az the original right of judging in the last resort1 and this house alone iz a parliament1 according to the ancient meening of the word on the continent3 ,that the freemen mentioned in ,magna ,charta and all the old law writers1 were thoze who held their lands by honorable service1 for term of life1 or had estates of inheritance2 and that the lazzi1 villiens or bondmen1 who constituted the major part of the nation1 were not comprehended under the words liberi homines1 were not entitled to be jurors themselves1 and consequently could not be tried by their equals3 ,that the twelv jurors among the ,saxons were the cheef men of the county and judges3 ,that the idea of equality in the jurors or judges waz introduced by the pride of the nobility1 and the humble condition of their tenants1 under the invidious distinctions of ranks created by the feudal system3 ,that this idea however haz been the meens of preserving the rights of both in ,england2 while the nations on the continent1 having been less successful in their struggles1 and not having wrested the right of judging from the barons1 the original peers or proprietors of that right1 hav not acquired a privilege1 inestimable in a country where distinctions of rank prevail1 and do not enjoy the blessings of equal liberty3 ,that this privilege haz been considerably extended in ,england1 by the abolition of military tenures1 and the diffusion of property among the commons3 ,but that ,america haz given the privilege its utmost extension1 by making laws of inheritance that enable every man to be a freeholder2 thus reducing the ,english theory to practice1 and entitling every man literally to the right of trial by hiz equals4 #abe ,magnaque et comitum mulatio1 quibus primus apud principem suum locus2 et principum1 cui plurimi et acerrimi comites4i ,the princes kept az many of these retainers in their service in time of peace1 az they could support4 ,hc dignitas1 h vires1 magno semper elestorum juvenum globo circumdari1 in pace1 decus1 in bello1 prsidium4 ,ibid4 i ,tacitus de mor ,germ4 c4 #ac4 ,how far theze conclusions are supported by the foregoing authorities and arguments1 every reeder will judge for himself4 ,i hav ventured my opinions with my usual frankness1 in opposition to thoze of the sages of the law1 which hav been receeved for centuries4 ,the vast weight of authority1 and long established prepossessions of men in favor of a different theory1 make me diffident of my own opinions on this subject2 but there are many passages in ancient law writings1 and many customs and laws still existing in the ,english constitution and government1 which ,i cannot explain and reconcile on any other hypothesis4 ,the excellence of trial by peers1 in ancient times1 appeers to me to hav consisted in this2 that twelv indifferent men of the naborhood1 with the power of judges1 were the guardians of life and property against the rapacity of the lord of the manor or hiz deputy4 ,it iz a fact well known that sheriffs1 the deputies of the erls1 were in several counties hereditary officers2 but when they were not1 they had almost-unlimitted powers in the shire1 which they often abused to oppress the peeple4 ,under the feudal system they appeer to hav been almost absolute tyrants2 and the undue exercise of their powers1 probably gave rise to thoze articles of ,magna ,charta1 which declare1 that no freeman shall be taken1 imprisoned1 or diseized of hiz freehold1 liberties1 or free customs1 but by the lawful judgement of hiz peers1 or by legal process2 that sheriffs should not hold county courts above once a month2 that sheriffs1 castellans1 coroners1 and kings bailiffs1 should be restrained from holding pleas of the crown2 that sheriffs1 who had the management of the crown revenues1 within their several districts1 should not raize the farms of counties1 hundreds and tythes1 according to their plezure4 ,theze provisions were evidently designed to remedy actual evils2 the violence and usurpations of the executiv officers1 who acted under the king1 or the great lords1 with powers almost uncontrolled4#abf ,against such petty tyrants1 the revival or confirmation of the right of trial by twelv freeholders of the vicinage1 must hav been a capital security3 ,but freeholders alone could be impannelled on a jury2 freeholders alone could be diseized of freeholds2 consequently the privilege of being tried by equals1 could extend to freeholders only4 ,with respect to all others1 the excellence of the institution could not consist in the equality of condition in the jurors2 but in having twelv substantial freemen1 impartial1 independent men1 unaccustomed to oppression1 to check and control the ministers of justice4 #abf ,in the time of ,henry ,,ii1 there were in ,england eleven hundred and fifteen castles1 and az many tyrants az lords of castles4 ,william of ,newbury says1 in the reign of ,stephen1 ,erant in ,anglia quodammodo tot reges1 vel potius tyranni1 quot domini castellorum4 ,it waz the tyranny of theze lords or their deputies1 which rendered the intervention of twelv judges of the naborhood1 highly necessary to preserve the peeple from the impositions of their rapacious masters4 ,hence the privilege of this mode of trial derived an inestimable valu4 ,since the separation of court and jury1 law and fact1 juries1 in civil cases1 hav become of less consequence4 ,judges are appointed by the representativs of the peeple1 ether in legislature or some other form1 and are removeable for misbehavior4 ,they are usually az good judges of fact as a jury1 and better judges of law4 ,one state#abg haz a statute empowering the parties to submit fact az well az law to the court4 ,this places the court on its ,saxon institution1 except az to the number of judges4 ,it iz also a common practice for the parties to agree on the facts1 and submit the law to the court4 ,the practice supersedes a jury4 ,on commercial questions an ordinary jury are altogether unfit to decide2 they are incompetent judges1 because commerce iz regulated by peculiar laws1 best known by merchants4 ,hence the institution of chambers of commerce1 and the practice of referring causes to arbitrators of the mercantile profession4 #abg ,connecticut4 ,but the principal valu and excellence of juries are preserved in criminal causes4 ,judges1 by long custom1 become hardened in the business of condemning1 and may sometimes pronounce sentence1 which1 even when legal1 may be unnecessary4 ,jurors1 less accustomed to the cruel task1 retain thoze feelings which sometimes pleed against evidence1 in favor of humanity1 and soften the rigor of penal laws4 ,i shall cloze theze remarks with two quotations from very respectable authors4 ,what ,camden haz collected concerning the word baron1 serves to illustrate and confirm my opinions on this subject2 and the reeder will be pleezed with the following passage from his ,britannia1 ,vol4 ,i1 page #bch4 ,among the greater nobility1 the barons hav next place4 ,and here1 tho ,i am not ignorant what the lerned write concerning the signification of this word in ,cicero2 yet ,i am willing to cloze with the opinion of ,isidore1 and of an ancient grammarian1 who will hav barons to be mercenary soldiers4 ,this seems to be pretty plain from that known place of ,hirtius in the ,alexandrian war2 they run to the assistance of ,cassius2 for he always used to hav barons1 and a good number of soldiers for sudden occasions1 with their weapons reddy1 about him1 and separate from the rest4 ,nor iz the old ,latin and ,greek ,glossary against us1 when it translates baro by a man2 az always in the laws of the ,longobards1 baro iz used for a man4 ,the etymologies of this name which some hav fancied1 do not by any meens please me4 ,the ,french heralds will hav barons to be so called from par-hommes in ,french2 that iz1 of equal dignity2 the ,english lawyers say it iz from robora belli1 the sinews of war2 some ,germans think it a contraction of banner-heirs1 i4 e4 standard bearers2 and ,isidore derives it from bareis1 i4 e4 grave or weighty4 ,alciatus thinks the name comes from the berones1 an ancient peeple of ,spain1 which he says were formerly stipendiaries2 but that other1 from the ,german bar1 i4 e4 a free man1 pleezes me better4 ,the precise time when this name came into our island1 ,i hav not yet discovered3 ,the ,britons disown it2 and there iz not the leest mention made of it in the ,saxon laws1 nor iz it reckoned in ,alfrick's ,glossary among the titles of honor2 for there1 dominus iz translated laford1 which we hav contracted into lord4 ,and among the ,danes1 the free lords1 such az our barons are at this day1 were called thanes1 and 7and az ,andreas ,velleius tells us7 are termed so still4 ,in ,burgundy1 the use of this name iz very ancient2#abh for ,gregory of ,tours says thus1 the barons of ,burgundy1 az well bishops az others of the laity1 c4 ,the first mention of a baron in ,england1 that ,i hav met with1 iz in a fragment of the laws of ,canutus1 king of ,england and ,denmark1 and even there1 according to different copies1 it iz read vironus1 baronus1 and thani4 ,but that the barons are there ment1 iz plain from the laws of ,william the conqueror2 in which that word in the laws of ,canutus iz translated by baro4 ,take the whole passage4 ,let the exercitals#abi be so moderated1 az to be tolerable4 ,an erl shall provide such things az are fitting1 eight horses1 four saddled and four unsaddled2 four steel caps1 and four coats of mail2 eight javelins1#acj and az many shields2 four swords1 and two hundred mancae#aca of gold4 ,but a kings viron or baron1 who iz next to him1 shall hav four horses1 two saddled and two unsaddled2 two swords1 four javelins1 and az many shields1 one steel cap1 and fifty mancae of gold4 #abh ,about the year #ehj4 #abi ,heriots or reliefs4 #acj ,lance4 #aca ,possibly for ,mancus1 i4 e4 thirty pence4 ,in the beginning of the ,norman times1 the valvasors and thanes were reckoned in order and dignity1 next to the erls and barons1 and the greater valvasors 7if we may beleev thoze who hav written concerning feudal tenures7 were the same that barons are now4 ,so that baro may seem to hav come from that name2 which time haz1 by little and little1 made somewhat smoother4 ,but even then it was waz not a title of any great honor2 for in thoze times there were erls who had their barons under them3 ,and ,i remember1 ,i hav red in the ancient constitutions of ,france1 that there were ten barons under one erl1 and az many cheeftans#acb under a baron4 ,it iz likewise certain1 that there are charters since the ,norman conquest1 wherein the erls write thus3 ,to all my barons1 az well ,french az ,english1 greeting1 c4 ,nay1 even citizens of the better rank were called barons2 so in domesday book the citizens of ,warwick are stiled barons2 and the citizens of ,london1 with the inhabitants of the cinque ports1 had the same title given them4 ,but a few years after1 az senators of ,rome were chosen according to their estates1 so they were accounted barons with us1 who held their lands by an entire barony1 or thirteen knights fees1 and one third of a knights fee1 every fee 7az we hav had it in ancient book7 being computed at twenty pounds1 which in all make four hundred marks2 for that waz the value of one entire barony2 and they who had land and revenues to this value1 were wont to be summoned to parliament4 ,it seems to hav been a dignity1 with jurisdiction1 which our court-barons in some mezure show4#acc ,and the great number of barons iz an argument that they were such lords who could hold pleez within their own jurisdiction1 7like thoze whom the ,germans call free-heirs7 especially if they had their castles2 for then they answered the definition of ,baldus1 the famous lawyer1 who calls him a baron1 that had a mere and mixt government in some castle1 by the grant of the prince4 ,and 7az some would hav it7 all who held baronies1 seem to hav claimed that honor2 so that some of our lawyers think1 that baron and barony1 erl and erldom1 duke and dukedom1 king and kingdom1 were in the nature of conjugates4 ,it iz certain1 that in that age1 king ,henry ,,iii1 reckoned one hundred and fifty baronies in ,england4 ,from hence it iz1 that in the charters and histories of that age1 almost all noblemen are stiled barons2 a name1 which in thoze times waz exceeding honorable2 the baronage of ,england including in a manner all the prime orders of the kingdom1 dukes1 marquisses1 erls and barons4 #acb ,capatanei4 #acc ,this opinion of the lerned ,camden1 adds no small weight to my conjectures reflecting the origin of trial per pares4 ,but that name haz been much more honorable since king ,henry ,,iii1 out of such a multitude1 which waz seditious and turbulent1 summoned to parliament by writ1 some of the best#acd only2 for he1 7the words are taken out of an author of considerable antiquity7 after thoze great disturbances and heart-burnings between himself1 ,simon de ,montefort1 and other barons1 were laid2 appointed and ordained1 that all such erls and barons of the kingdom of ,england1 to whom the king should vouchsafe to direct hiz writs of summons1 should come to hiz parliament1 and no others1 unless their lord the king should pleeze to direct other writs to them also4 ,and what he began a little before hiz deth1 waz strictly observed by ,edward the ,i1 and hiz successors4 ,from that time they were only looked on as barons of the kingdom1 whom the king by such writs of summons had called to parliament2 until ,richard the ,,ii1 in the eleventh year of hiz reign1 created ,john de ,beauchamp of ,holt1 baron of ,herderminster1 by the delivery of a diploma1 bearing date the tenth of ,october4 ,from which time1 the kings hav often conferred that honor by diploma1 7or rather honorary letters7 and the putting on of an honorary long robe4 ,and that way of creating barons by diploma1 and the other of writs of summons1 are in use at this day2 tho they are mentioned therein not by the name of baron1 but of chevalier4 ,they who are thus created1 are called barons of parliament1 barons of the kingdom1 and barons honorary1 to distinguish them from thoze who are commonly called barons according to the ancient constitution2 az thoze of ,burford and ,walton1 and such az were barons to the counts ,palatine of ,chester1 and of ,penbroch1 who were feudal1 and barons by tenure only4 #acd ,optimos4 ,this account of ,camden's1 iz alone sufficient to convince me1 that my opinions are right respecting the origin and signification of the word baron4 ,but this author cleerly mistakes the meening in the passage quoted from ,hirtius4 ,cassius used to hav barons1 and a good number of soldiers1 for sudden occasions4 ,insted of mercenary soldiers1 barons here meens the comites1 retainers1 who were chosen men1 and who served their cheef voluntarily4 ,theze attached themselves to the person of the cheef1 az a military guard2 at the same time1 they served to gratify the pride of the hero3 ,hc dignitas1 h vires1 says ,tacitus4 ,i hav before remarked that it iz probable bar and vir are the same word4 ,camden tells us1 the ,greek ,glossary translates baro by 1 and in the laws of ,william1 the ,norman1 the vironus1 baronus and thanus1 found in the laws of ,canute1 are translated by baron or viron4 ,b and v are convertible letters1 and theze facts amount to a convincing proof that bar and vir are the same word1 or from the same root4 ,the progress of the word iz this4 ,first it denoted a man or husband1 vir2 afterwards a freeman or proprietor of land1 bar1 baron1 viron2 in proportion az the valu of lands encreesed in ,europe1 the proprietors acquired welth and influence2 they claimed exclusiv judicial powers on their manors1 and thus the words baron and peer came to signify judge4 ,under the feudal system1 theze barons became princes on their territories1 subordinate only to the king or lord paramount4 ,power attends property1 and theze barons finally assumed the right of controlling kings1 and trampling on their tenants4 ,where the barons and princes combined1 they established despotic authority over the peeple2 when they quarrelled1 one party or the other had recourse to the commons for assistance1 and waz compelled to grant them considerable privileges4 ,the foregoing explanation of baron iz confirmed by another fact now existing4 ,in law1 a husband iz called baron to this day1 baron and femme1 husband and wife4 ,agreeable to this idea1 the terms used in ancient infeudations by the tenant or vassal1 were1 devenio vester homo2 ,i become your man2 that iz1 your baron1 in the feudal sense of the word4 ,and a jury1 in conformity with the same idea1 were anciently called homagium1 the homage1 or manhood2 that iz1 a court of barons1 landholders or free tenants4 ,i would only remark further1 that ,camden iz probably mistaken in saying the ,britons disown the word baron4 ,in ,welsh1 barn signifies a judge1 and there can be little dout that the word iz from the same original2 being written without the vowel o1 agreeable to the ,hebrew manner4 ,different nations are more or less inclined to uze the vocal sounds and aspirates1 according to the different genius of their languages4 ,so in ,irish the word waz pronounced with an aspirate1 barhon1 or brehon2 for there iz little room to dout this old ,irish word iz from the same root4 ,at the time of the conquest of ,ireland by ,henry ,,ii1 the ,irish were governed by the brehon law1 so stiled from brehon1 the ,irish name of judges4#ace ,we are also told that the ancient ,irish had a custom of deciding causes by twelv men#acf2 and authors testify that the same practice existed in ancient ,britain4#acg ,their decision iz called by the erly writers1 duodecem virale judicium4 ,in short the universality of this word and the trial by twelv1 iz a strong proof1 that all the nations of ,europe sprang from a common stock4#ach #ace ,blackstone ,com4 ,vol4 ,i4 #ajj4 #acf ,lelands ,introd4 to ,hist4 of ,ireland4 #acg ,l4 ,l4 ,hoeli4 #ach ,see my ,dissertations on the ,english language1 #cac4 ,sir ,william ,temple derives barons from the ,russian boiarons1 and supposes the word to be of ,gothic original4 ,hiz only inaccuracy iz1 that he takes a modern derivativ for the primitiv root2 whereas the ,russian boiarons itself iz derived from bar1 az wel az baron4 ,the authority of this judicious and lerned writer wil however confirm what ,i hav advanced in the foregoing pages2 ,i shal therefore cloze my remarks with a passage from hiz works1 vol4 ,,iii4 #cfc4 ,i know very well how much critic haz been employed by the most lerned1 az ,erasmus1 ,selden1 ,spelman1 az well az many others1 about the two words baro and feudum2 and how much pains hav been taken to deduce them from the ,latin and ,greek1 and even the ,hebrew and ,egyptian tungs2 but ,i find no reezon1 after all they hav said1 to make any doubt of their having been both the original of the ,gothic or northern language2 or of barons having been a term of dignity1 of command1 or of honor1 among them1 and feudum of a soldier's share of land4 ,i find the first used abuv eight hundred years ago1 in the verses mentioned of king ,lodbrog1 when one of hiz exploits waz to hav conquered eight barons4 ,and tho fees or feuda were in use under later ,roman emperors1 yet they were derived from the ,gothic customs1 after so great numbers of thoze nations were introduced into the ,roman armies4 ,az to the word baro1 it iz not1 that ,i find1 at all agreed among the lerned1 from whence to derive it2 but what that term imports1 it iz easy to collect from their several accounts1 and confirm by what stil remains in all the constitutions of the ,gothic government4 ,for tho by barons are now ment in ,england such az are created by patent1 and thereby called to the house of lords2 and baron in ,spanish signifies only a man of worth or note1 and the quality denoted by that title be different in the several countries of ,christendom2 yet there iz no question1 but they were originally such persons az1 upon the conquest of any country1 were1 by the conquering prince1 invested in the possession of certain tracts or proportions of free lands1 or at leest az they held by no other tenure but that of military service1 or attendance upon their prince in war with a certain number of armed men4 ,theze in ,germany1 ,france1 ,scotland1 seem to hav had1 and some stil to retain1 a sovereign power in their territories1 by the exercise of what iz called high and low justice1 or the power of judging criminal az well az civil causes1 and inflicting capital punishments4 ,but ,i hav not found any thing of this kind recorded in ,england1 tho the great barons had not only great number of knights1 but even petty barons holding under them4 ,i think the whole relm of ,england waz1 by ,william the conqueror1 divided into baronies1#aci however the distinctions may hav been long since worn out2 but in ,ireland they still remain1 and every county there iz divided into so many baronies1 which seem to hav been the shares of the first barons4 ,and such as theze great proprietors of land1 composed1 in all the north west regions 7of ,europe7 one part of the states 7estates general7 of the country or kingdom4 #aci ,this iz not accurate4 ,the thaneships or lordships of the ,saxons1 at the conquest1 took the title of baronies2 but the divisions probably existed before4 ,sir ,william ,temple proceeds then to giv hiz conjectures respecting the origin of the word baron4 ,he remarks that ,guagini1 in hiz description of ,sarmatia1 printed in #aeha1 calls all thoze persons who were cheef possessors of lands and dignities1 next to the prince1 duke or palatine1 in the vast empire of ,muscovy1 by the common appellation of boiarons1 now contracted into boiars4 ,from this he supposes baron to be derived4 ,it iz however much more probable that baron and boiaron had a common root in some period of remote antiquity2 which afterwards spread into all parts of ,europe4 ,with respect to trial by jury1 ,sir ,william remarks1 ,vol4 ,,iii4 #acj1 that this waz undoutedly of ,saxon institution1 and continued thro all the revolutions in ,england4 ,he says there are some traces of it in the first institutions of ,odin1 the first great leeder of the ,asiatic ,goths or ,get into ,europe4 ,he mentions the council of twelv1 established by ,odin1 and thinks it probable theze twelv men were at first both judges and jurors2 that iz1 they were a court of arbitrators or referees1 az we should now style them1 empowered to decide all causes according to equitable principles and the circumstances of each case2 and their determinations afterwards grew into precedent for their successors4 ,in process of time and multiplicity of business1 the matter of fact continued to be tried by twelv men of the naborhood2 but the adjudgement of punishment and the sentence waz committed to one or two persons of lerning or knowlege in the ancient customs1 records and traditions4 ,thus1 he observes1 in the ,saxon reigns1 causes were adjudged by the aldermen and bishop of the several shires1 with the assistance of twelv men of the same county1 who are said to hav been judges or assistants4 ,he allows1 the terms jury and verdict were introduced by the ,normans2 but asserts very justly that trials by twelv men1 with that circumstance of their unanimous agreement1 were used not only among the ,saxons and ,normans1 but are known to hav been az ancient in ,sweden1 az any records or traditions in the kingdom2 and the practice remained in some provinces of that country1 til the late revolution4 ,,postscript4 ,on further examination of this subject1 ,i am led to subjoin the following remarks1 which are supported by the indisputable authority of ,glanville and ,bracton4 ,i hav before suggested that the ,saxons1 prior to the conquest1 conducted most of their important affairs in the county or sheriffs court1 where all the free tenants were bound to attend4 ,theze free tenants consisted of the lesser barons1 the knights and fokemen1 or foccage tenants who had freehold estates4 ,theze freeholders1 were1 by the nature of their estates1 the pares curtis2 they were the proper and sole judges of all causes triable at the county court1 which included almost all civil actions1 and they were denominated in ,saxon1 lahmen1 lawmen4 ,the county court1 thus composed of all the freeholders in the shire1 waz a tribunal of great consequence1 and inferior only to the witena-gemote1 or national assembly4 ,the ,latin riters called theze freemen pares curtis and sectatores1 peers of court and suitors4 ,curtis iz a ,saxon word latinized1#adj like warrantizo murdrum1 and hundreds of other law terms2 and there iz little dout that pares iz a word of similar origin4 #adj ,curtis1 court and the ,spanish ,cortez are all the same word4 ,but what places the point ,i would establish1 beyond controversy1 iz1 the pares curtis were in fact of different ranks4 ,the knights or lesser barons1 az well az the common foccage tenants1 were included in the term pares curtis2 for they were bound to do suit and service in the court of the lord paramount4 ,another fact1 iz of equal weight in the argument3 ,theze pares1 in the county court1 tried all real actions between the nobility4 ,in the cause of ,odo1 ,bishop of ,bayeux1 and archbishop ,lanfranc1 in the reign of ,william the conqueror1 the king directed totum ,comitatum considere4 ,many similar instances might be cited1 were it necessary4 ,theze noblemen were tried by the pares curtis1 the peers of the county court2 but who ever said they were tried by their equals8 ,the ,norman princes attempted to discountenance theze shire motes of the ,saxons1 and substitute the trial of facts by twelv juratores1 men sworn to speek the truth4 ,in the reign of ,henry ,,ii1 the trial by jurors had become common1 if not general4 ,questions of seisin were tried by twelv common freeholders2 but questions of right were tried by twelv knights2 the sheriff summoning four knights who elected the twelv4 ,i would here remark that the principal original reezon for summoning freeholders of the vicinage1 waz that of their supposed personal knowlege of the fact in dispute4 ,the jurors were properly the witnesses4 ,this iz evident from circumstances and from the positiv testimony of the erly law-riters4 ,the first mention of a proper jury1 in any public act1 iz in the constitutions of ,clarendon1 #aafd1 where the sheriff iz directed1 qud faciat jurare duodecim legales homines de vicineto1 seu de villa1 qud inde veritatem secundum conscientiam suam manifestabunt4 ,it iz said in old writers that the jury must speek the truth1 if they know it4 ,if the twelv men first summoned knew the truth1 they were compelled to declare it1 under the penalty of perjury4 ,if some knew the facts and others did not1 the latter were dismissed and others summoned1 till twelv were found who knew the facts1 ether by what they had seen and heerd themselves1 or from such testimony of their fathers and others1 az gained full credit4 ,without attending to juries in this light1 the laws respecting them appeer beyond measure absurd and tyrannical4 ,their being sworn to speek the truth1 would be absurd on any other ground2 for had they judged of facts on testimony1 they would hav been sworn to declare their opinion1 and not the truth4 ,their verdict1 vere dictum1 derives its name and propriety from the same circumstance2 and the present practice of swearing them to a tru verdict giv1 when they judge of facts only by the perhaps contradictory testimony of several witnesses1 iz1 strictly speeking1 absurd4 ,the keeping juries1 without meet1 drink or fire1 can be accounted for only on the same idea2 it waz a method to compel an agreement among men1 who were acquainted with facts1 some of whom might at times be obstinate1 and not willing to disclose them4 ,but how ridiculous would it be to punish men for not agreeing in opinion1 about what others testified6 ,all this iz still more evident from the manner in which many questions respecting real estates were ascertained and determined4 ,it waz customary for the jurors1 after they were chosen1 to go upon the land to find the tru state of the fact in question1 and then deliver their verdict4 ,hence the propriety of the expression in closing issues2 and this he prays may be enquired of by the country4 ,i would observe further1 that the reezon1 why appeels from the verdict of a jury were not allowed1 iz simply this1 that the jurors were supposed to hav decided from their own knowlege4 ,it waz certainly a wise provision that the solemn declaration of men under oath1 living in the naborhood1 and eye or eer witnesses of the recent transactions between the parties1 should not be overthrown by other testimony2 for all other evidence must hav necessarily been of an inferior nature4 ,but the reezon haz ceesed1 and there iz now nothing more sacred in the verdict of a jury1 given on the testimony of others1 than there iz in the opinions of arbitrators1 referees or auditors under oath4 ,the laws respecting juries are all founded on the idea that the men were acquainted with the facts in dispute4 ,their verdict waz formerly a declaration of facts2 it iz now a mere matter of opinion4 ,in short1 the original design of the institution iz totally changed1 and mostly superseded4 ,since juries rely on testimony1 they need not be collected from the vicinage2 it iz even safer to hav men who are strangers to both plaintiff and defendant4 ,jurors cannot be punished for perjury1 for how can a man perjure himself in giving hiz opinion8 ,they cannot be starved to deth1 nor carted about town for disagreement2 for how iz it possible for twelv men always to think alike1 when they hav to form their opinions on clashing testimonies8 ,in short1 juries do not now answer one of the purposes for which they were at first instituted2 and however necessary they may be deemed to the preservation of civil liberty1 it appeers to me they are1 in a great measure1 useless4 ,i cannot leev this subject without remarking the influence of habit1 in maintaining forms1 when the substance no longer exists4 ,this iz neerly the case with the whole institution of juries2 but particularly in the manner of administering the oath to them4 ,the practice of swearing the foreman and the other jurors separately1 still exists in some of theze states1 altho the reezon no longer remains4 ,it originated in the manner of delivering the verdict1 which waz1 for every juror separately to answer the interrogatories of the judge4 ,while this practice remained1 it waz very proper that eech juror should take a separate oath2 altho this formality iz dispensed with1 in administering the oath to witnesses1 in modern courts2 the words1 you and eech of you swear1 being substituted for a separate administration of the oath4 ,no4 ,,xxiv4 ,,hartford1 ,,september1 #aghi4 ,the ,,injustice1 ,,absurdity1 and ,,bad ,,policy of ,,laws against ,,usury4 ,usury1 in the primitiv sense of the word1 signifies any compensation given for the use of money2 but in modern legal acceptation1 it iz the taking an exorbitant sum for the use of money2 or a sum beyond what iz permitted by law4 ,the municipal laws of different states and kingdoms hav fixed different rates of interest2 so that what iz usury in one country or state1 iz legal interest in another4 ,the propriety of such laws iz here called in question4 #a4 ,it iz presumed that such laws are unjust4 ,money iz a species of commercial property1 in which a man haz az complete ownership1 az in any other chattel interest4 ,he haz therefore the same natural right to exercise every act of ownership upon money1 az upon any other personal estate2 and it iz contended1 he ought to hav the same civil and political right4 ,he ought to hav the same right to trade with money az with goods2 to sell1 to loan and exchange it to any advantage whatever1 provided there iz no fraud in the business1 and the minds of the parties meet in the contracts4 ,the legislature haz no right to interfere with private contracts1 and say that a man shall make no more than a certain profit per cent on the sale of hiz goods1 or limit the rent of hiz house to the annual sum of forty pounds4 ,this position iz admitted for self evident1 az it respects every thing but money2 and it must extend to money also1 unless it can be proved that the privilege of using money in trade or otherwise without restraint1 and making what profit a man iz able by fair contract1 with gold and silver1 az well az with houses and lands1 will produce some great public inconvenience1 which will warrant the state in laying the use of such gold and silver under certain restrictions4#ada #ada ,in a conversation ,i had at ,dr4 ,franklin's on this subject1 the doctor admitted the principle1 and remarked1 that a man who haz #ajjjl4 in cash1 can loan it for six per cent4 profit only2 but he may bild a house with it1 and if the demand for houses iz sufficient1 he may rent hiz house for fifteen per cent4 on the value4 ,this iz a fair state of the argument1 and ,i challenge my antagonists to giv a good reezon for the distinction which the laws make in the two cases2 or why a man should hav an unrestrained right to take any sum he can get for the use of hiz house1 and yet hiz right to make profit by the loan of money1 be abridged by law4 ,the only reezon commonly given for limiting the interest of money by law1 iz1 that monied men will otherwise take advantage of the distresses of the poor and needy1 to extort from them exorbitant interest4 ,admit the proposition in its utmost latitude1 and it furnishes no argument in favor of the restraint1 because the restraint iz no remedy for the evil4 ,on the other hand1 it generally increases the evil2 for when the law forbids a man to take more than six per cent4 for the use of hiz money1 it1 at the same time1 leevs him the right of withholding hiz money from hiz distressed nabor1 and actually lays before him the strongest motivs for withholding it4 ,the law tuches the pride of a man1 by restraining what he deems an unalienable right1 and this consideration1 added to a certainty of employing hiz money to greater advantage1 impels the man to turn a deef eer to hiz nabors calamities1 when he would be otherwise disposed to afford relief4 ,the law therefore1 so far from furnishing a remedy1 actually doubles the evil4 ,to proov this assertion more cleerly1 let me call the attention of my reeders to facts within their knowlege4 ,every man knows that there are persons in every state1 who1 thro imprudence1 idleness or misfortune1 become involved1 and unable to pay their dets when du4 ,theze persons seldom make provision for discharging their dets1 till they are pressed by their creditors4 ,when they are urged by just demands or legal process1 they are under a necessity of raising money immediately3 ,but money iz scarce2 it iz in a few men's hands1 who will not pay the full valu of lands or personal estate4 ,the poor detor iz then obliged to sell hiz farm or hiz cattle1 or both1 at private sale or at auction1 for any price they will fetch1 which iz commonly but a small part of the valu4 ,now1 if the detor could hav borrowed a sum of money1 at ten1 fifteen1 or even twenty per cent4 he might hav been a gainer by the loan2 for by being prohibited by law from borrowing money1 at a high interest1 he haz been obliged to sacrifice twenty1 perhaps fifty or a hundred per cent4 ,laws against usury do not help such men2 on the contrary they oppress them4 ,could such men get money even at twenty per cent4 they would often be benefited by the loan2 they might save their estates and avoid misery and ruin4 ,a prohibition of high interest only compels the distressed to seek releef by sacrificing property in a way not guarded against by law4 ,nay1 ,i beg leev to assert that such laws are the very meens of producing1 supporting and enriching a host of oppressors in every state in ,america4 ,there are a few men1 in every state1 who are what iz called beforehand2 theze men will not loan money at legal interest1 for this very good reezon1 they can do better with it1 az they say2 and no man can blame another for making the most profitable use of hiz money4 ,theze men therefore keep their money1 till their distressed nabor iz forced by det to sell hiz farm2 then iz the time to lay out their money2 they get the farm at their own price1 which iz generally less than half its valu4 ,in most states1 lands are sold at auction1 where they are sacrificed2 and the poor owner haz all the charges of a legal suit to pay1 az wel az the det2 and the land sold for a small part of its valu4 ,this iz the common practice1 authorized by law2 so that laws against usury only create an evil in one way1 by endevoring to prevent it in another4 ,the evil and hardships of this law1 of selling real estate on execution1 hav been so great1 az to giv rise to a different mode of satisfying executions in ,connecticut4 ,in this state1 a man's person and estate are both liable for det2 but if the personal estate iz insufficient1 the creditor haz hiz election1 ether to confine the dettor in prison1 or take hiz lands4 ,but the law1 which iz so far in favor of the creditor1 here steps in to prevent a sacrifice of the real property at public sale2 and ordains that the creditor shall take it at a value1 which shall be apprized by three indifferent freeholders4 ,this law does injustice to the creditor2 for it interferes with the contract1 and obliges him to take that for pay which he did not engage to receev4 ,but it favors the dettor1 in a state where money iz scarce and cannot be eezily raized on an emergency4 ,so far one law1 by doing injustice to creditors1 corrects some of the ill effects of the law against high interest in ,connecticut2 but the remedy iz partial1 for men in distress for money1 generally sell their estates at private sale1 for one half their valu2 and a few monied men and rich farmers are constantly taking advantage of their nabors calamities1 to enrich themselves4 ,such men make more than fifty per cent4 per ann4 on their money by theze speculations1 and no law can wholly prevent them4 ,now laws against usury create this very evil3 ,they drive money from a country2 they create a necessity for it2 and then a few welthy men enrich themselves1 not by loaning at fifteen or twenty per cent4 but by purchasing lands at half price1 which are sold to keep men from jail1 who1 if they could hav got money for a few months1 at twenty per cent4 might hav sold their estates to advantage1 or otherwise paid their dets4 ,in general then we may obzerv1 when a man iz reduced to the necessity of asking money at twenty per cent41 hiz situation iz such that it iz better to giv that interest1 than to risk a sale of property on a sudden to raize the money4 ,laws against usury do not save such men2 it iz idle to suppose it2 on the contrary1 they multiply instances of oppression1 az all ,america can witness4 ,but the argument1 if good1 proovs too much4 ,if legislators hav a right to fix the profit on money at interest1 to prevent exorbitant demands from injuring the necessitous1 wil not the same reezon warrant a restriction on the profits of every commodity in market8 ,if my rulers hav a right to say1 my annual profit on money loaned1 shal be but six per cent4 hav they not a right to say the advance on my wheet shal be but six per cent48 ,where iz the difference8 ,a poor man may indeed be distressed by a demand of high interest1 and so he may by the high price of flour2 and ,i beg leev to say1 that distresses from the last cause are infinitely the most numerous1 and the most deserving of legislativ remedies4 ,it wil perhaps be said that the price of bred1 in all cities1 iz fixed by law--tru2 but if the price of wheet iz not likewise fixed1 there are times of scarcity when the law must vary the price1 or the baker must be ruined1 and the poor be destitute of bred4 ,in an extensiv fertile country1 like ,america1 such cases may not happen frequently2 but the actual existence of the fact proovs that such laws rather follow the state of the market1 than regulate it4 ,and indeed it iz a question1 whether in this country1 the citizens of our large towns would not be supplied with bred at a cheeper rate1 without any regulations at all4 #b4 ,but the absurdity and bad policy of laws against usury1 are so obvious1 that it iz surprizing scarcely an attempt haz been made to abolish them in any country4 ,such laws are absurd and impolitic1 because they actually and always produce and multiply the distresses they are designed to remedy4 ,it iz impossible it should be otherwise3 ,the very laws of nature and commerce require that such restraints should necessarily counteract their own design4 ,it iz necessary that commodities should be sometimes plenty and sometimes scarce2 and it iz equally necessary that money1 the representativ of all commodities1 should be liable to the same fluctuations4 ,in the commercial world1 money and commodities wil always flow to that country1 where they are most wanted and wil command the most profit4 ,the consequence iz that a high price soon produces a low price1 and vice versa4 ,let us apply the principle to the present question4 ,when money can bear its own profit1 its profit or the interest arising on loans1 wil be in proportion to the profit made in commercial transactions4 ,if a man can make twelv per cent4 on hiz stock1 in any kind of trade or speculation1 he wil not convert that stock into cash1 and loan it at six per cent4 ,while therefore commerce or speculation wil afford a man greater profits1 than the law affords him on hiz loans of cash1 he wil hav no money to lend4 ,the consequence iz1 while the law fixes the rate of interest lower than the annual profits of other business1 a country wil be destitute of money4 ,this iz precisely the case in ,america4 ,our remittances to ,europe and the ,east ,indies require considerable sums in specie to be exported2 and the merchant wil not import specie1 except to facilitate the purchase of hiz cargoes in ,america4 ,he will not import it for the purpose of loaning1 because hiz stock in trade affords a better profit4 ,the few landholders who hav a little cash abuv their annual expenditures1 wil not loan it2 for they can make twelv1 fifteen1 eighteen per cent4 on their money by the purchase of certificates1 and more on the purchase of lands4 ,there are therefore no motivs1 no inducements1 for the welthy citizens to loan money1 and consequently when a man iz distressed to make a payment1 he iz compelled to sacrifice property to perhaps five times the valu of the det2 because the law will not permit hiz nabor to take twelv or fifteen per cent4 per ann4 for the loan of money1 a few months2 when he haz the money1 and would gladly releev hiz frend1 if he could receev an adequate compensation4 ,thus laws against usury drive cash from a country4 ,they really and continually create a scarcity of an article1 and then restrain men from raizing the price1 in proportion to that scarcity4 ,they create distresses of the poor1 and at the same time1 create an impossibility of releef4 ,were money left1 like all kinds of commodities1 to command its own price in market2 whenever its price should rize abuv the usual cleer profit of other business1 men would import specie1 or turn their stock into cash1 and loan it on good security2 for no man would submit to the drudgery of business1 if he could make money az fast by lying stil1 with hiz money at interest4 ,had money been permitted to bear its own price according to the demand for it in ,america since the war1 it would hav been kept in the country1 or introduced til the rate of interest had fallen1 even below the legal standard4 ,limit the profit on any article of life1 and set the price so low that peeple can make more by deeling in other articles1 and the articles so fixed wil become scarce and deer4 ,were the legislatures of the several states to say that our traders should make but one per cent4 on salt1 they would not bring cargoes of it to the country4 ,it would be az scarce az money iz now4 ,let the price of wheet be fixed at half a dollar a bushel1 and in two years we should not hav a bushel in market4 ,it iz the same case with money4 ,the low profits on the use of money1 expel it from the country1 and none can be obtained at the legal price4 ,let the interest rize to any sum which can be obtained1 and in two years1 it would be az eezy to borrow money at a low interest1 az it iz now difficult to command it at any price4 ,the laws of nature wil continue to opperate1 in spite of the feeble opposition of human power4 ,another consideration demands our notice4 ,the laws against usury increase the distresses of the needy1 by enhancing the risk1 and consequently the insurance on loans4#adb ,it iz fruitless to attempt to prevent loans of money4 ,when men are pressed for money1 they can always find persons to supply them1 upon some terms4 ,but az a loan of money at a higher rate of interest than iz allowed by law1 exposes the lender to a loss of the money1 and a fine or forfiture besides1 hiz demand for the use of hiz money wil rize in proportion to that risk4 ,this haz always been one of the most pernicious effects of such laws4 ,so that the law1 not only creates a scarcity in the first instance1 but actually raizes the demand of interest much abuv the natural demand required by that scarcity4 ,in short1 insted of releeving the detter1 it multiplies hiz distresses four fold4 #adb ,see ,blackstone on this subject1 ,com4 ,vol4 ,,ii4 #dee1 where the author's reezoning holds good1 whether against fixing the value of horse hire or money lent4 ,all exorbitant demands are unjust in foro conscienti2 but what right haz a legislature to fix the price of money loaned1 and not of house-rent8 ,besides1 such laws1 like all national restrictions on trade1 tend to make men dishonest1 in particular things1 and thus weeken the powers of the moral faculty4 ,there are ten thousand ways of evading such laws1 and slight evasions gradually produce a habit of violating law1 and harden the mind against the feer of its penalties4 ,indeed1 such laws tend to undermine that confidence which iz the basis of social intercourse4 ,laws which encourage informations1 should be enacted with caution4 ,such are laws against usury4 ,a man haz often the strongest temptation to be a treecherous rascal1 by inducing hiz frend to loan him money1 on illegal interest1 and then betraying him4 ,this species of villany waz lately carried so far in ,massachusetts1 az to induce the legislature to repeel a clauze of their law against usury4 ,and a man of morality must shudder1 while he reeds the legal prosecutions and adjudications in ,england upon their statutes of usury4 ,the absurdity of attempting to fix the valu of money iz another objection to it of no small consequence4 ,the valu of it depends wholly on the quantity in circulation and the demand4 ,in this respect it resembles all other articles of trade2 and who ever thought of fixing the price of goods by law8#adc ,it iz almost impossible for a legislature to ascertain exactly the valu of money at any one time2 and utterly impossible to say that the valu when ascertained1 shall continu the same for six months4 ,nay1 two slates adjoining eech other may estimate the use of money very differently at the same period4 ,in ,new ,york the legal interest iz seven per cent4 in ,new ,england but six4 ,a man may therefore do that legally in one state1 which in the others would expoze him to a severe penalty4 #adc ,the legislatures of several states during the late war1 were rash enough to make the attempt2 and the success of the scheme waz just equal to the wisdom that planned it4 ,in ancient ,rome1 the interest waz twelv per cent4 ,the emperor ,justinian reduced it to four1 but allowed higher interest to be taken of merchants1 on account of the risk4 ,in ,holland1 when ,grotius wrote1 the common interest waz eight per cent42 but twelv to merchants4 ,in ,england1 the statute #cgth1 ,henry ,,viii1 confined interest to ten per cent4 ,by the #bast ,james ,i1 it waz reduced to eight2 by the #abth ,charles ,,ii1 to six2 and by #abth ,ann1 to five1 the present legal interest in that country4#add #add ,blackstone ,vol4 ,,ii4 #dfb4 ,postlethwaite remarks very justly that theze laws hav not ascertained the real valu or interest of money2 for when the legal interest haz been six per cent4 the real interest haz sometimes been four2 and when the legal interest haz been five1 the real interest haz sometimes been seven4 ,indeed the interest of money depends on such a combination of circumstances1 az the scarcity of money1 the demand in market1 and the hazard1 that an attempt to find and fix a permanent rate1 iz one of the most visionary schemes that a public body can undertake4 ,to proov the impossibility of such a scheme1 ,i would only mention the continual practice of violating laws against usury2 which would not be the case1 if the real valu of money had been ascertained and fixed4#ade ,if legislatures had found the tru valu of the use of money1 there would hav been fewer violations of their laws3 ,if they hav1 in any case1 fixed a rate of interest lower than the real valu1 they hav violated the rights of their subjects4 ,this iz a serious consideration2 and perhaps in no instance are the laws of ,england and ,america more strongly marked with the traces of ancient prejudice and barbarity1 than in the prohibition which prevents a man from using hiz money az he pleezes1 while he may demand any sum whatever for the use of hiz other property4 #ade ,what are marine insurances1 bottomry1 loans at respondentia and annuities for life1 but exceptions to the general law against usury8 ,the necessity of higher interest than common iz pleeded for theze exceptions4 ,very good2 but they proov the absurdity of attempting to fix that1 which the laws of nature and commerce require should be fluctuating4 ,such laws are partial and iniquitous4 ,the only power1 ,i conceev1 a legislature haz to determin what interest shall arize on the use of money1 or property1 iz where the parties hav not determined it by agreement4 ,thus when a man haz taken up goods upon credit1 or where1 by any other legal meens1 a man becomes possessed of anothers money or estate1 without a specific stipulation for interest1 the law very properly steps in and ascertains the sum which the detter shall pay for the use of that money4 ,but to make a law that a man shall not take but six per cent4 for the use of money1 when the borrower iz willing to giv more1 and the lender cannot part with hiz money at that rate of interest1 iz a daring violation of private rights1 an injury often to both parties1 and productiv of innumerable embarrassments to commerce4 ,we are told that such laws are necessary to guard men from the oppression of the rich4 ,what an error6 ,waz a monied man ever compelled to assist a distressed nabor1 by the forfitures incurred by such laws8 ,iz not hiz money hiz own8 ,wil he lend it all1 if it should not be for hiz benefit8 ,besides1 cannot a man in necessity alienate hiz property for one fourth of its valu8 ,are not such bona fide contracts made every day to raize money to answer a temporary purpose8 ,nay1 hav not the laws of all commercial states authorized sales by auction1 where any man may part with hiz property for a fourth of its valu8 ,iz there any remedy in law against such a sacrifice of a man's estate8 ,wherein then consists the security of laws against usury8 ,in the name of common sense and common equity1 let legislators be consistent4 ,if men are improvident1 lazy and careless1 a loss of property wil be their punishment1 and no mezures of government wil prevent it4 ,to what then shall we ascribe the severe laws against high interest1 which hav been and stil are existing in most commercial countries8 ,i presume the cause may be easily assigned4 ,the ,jewish prohibition1 not to take interest1 except of strangers1 first gave rise to douts in the minds of our pious christian forefathers1 with respect to the legality of any interest at all4 ,this produced1 in the dark ages1 severe ecclesiastical laws against taking any thing for the use of money2 and theze laws originated a general prejudice against it1 thro the ,christian world4 ,in the twelfth and thirteenth centuries1 commerce began to revive2 but az there waz but little money1 and trade waz lucrativ1 because in few hands1 money bore a very high interest4 ,in some parts of ,europe1 the interest waz forty per cent4 ,even with this interest1 certain ,italian traders could make an annual profit1 and therefore it waz for their benefit to giv it4 ,it however rendered them very unpopular4#adf #adf ,robertsons ,charles ,v4 ,vol4 ,i4 #bhj4 ,the ,jews1 for their infidelity1 had been considered by the ,christians az outcasts on earth4 ,severe laws were enacted against them in almost every country2 depriving them of the rights of citizens1 and forbidding them to hold real estates4 ,proscribed and insulted1 the poor ,jews were compelled to turn their hand against every man in their own defence4 ,they commenced strolling traders and bankers1 and by theze meens commanded a large share of the money in every kingdom4 ,with this command of cash1 the ,jews very justly compensated themselves for the injuries they suffered from the tyrannical laws which existed against them4 ,they loaned money at the highest rate of interest they could obtain4 ,hence the general karacter of the ,jews1 and the prejudice against them that survives to this enlightened period4 ,it iz very probable1 that before the discovery of the ,american mines1 money waz so scarce in ,europe1 that a few brokers in eech kingdom might engross such a share1 az to hav it in their power to oppress peeple4 ,this waz evidently the case in ,england1 about the reign of ,edward ,i1 and the parliament thought proper to interfere and restrain the evil4 ,laws against usury were doutless necessary and useful at that time4 ,but since the world haz been filled with gold and silver from ,south ,america1 and nations hav opened an intercourse with eech other1 there never can be a want of specie1 where a country can supply produce enough to exchange for it4 ,it haz become a mere fluid in the commercial world2 and in order to obtain a supply1 in a country abounding with produce and manufactures1 the legislature haz nothing to do1 but let it bear its own price2 let it command its own valu1 ether at interest1 or in exchange for commodities4 ,laws against usury therefore ,i consider az originating ether in the necessity of the times1 which long ago ceesed1 or in a bigotted prejudice against the ,jews1 which waz az barbarous formerly1 az it iz now infamous4 ,laws restraining the interest of money ,i now consider1 in the same light1 az ,i do laws against freedom of conscience4 ,and were it not for the force of habit1 ,i should az soon expect to see a modern legislature ordering a pious sectary to the stake for hiz principles1 az to see them gravely passing a law1 to limit the profit on the use of hiz money4 ,and unless the legislatures of this enlightened age should repeel such laws1 and place money on a footing with other property1 they will be considered az accessory to a direct violation of the deerest rights of men1 and will be answerable for more frauds1 perjuries1 treechery and expensiv litigations1 than proceed from any other single cause in society4 ,i am so firmly persuaded of the truth of theze principles1 that ,i venture to predict1 the opinions of men will be changed in less than half a century1 and posterity will wonder that their forefathers could think of maintaining a position so absurd and contradictory1 az that men hav no right to make more than six per cent4 on the loan of money1 while they hav an indefeezable right to make unlimited profit on their money in any other manner4 ,they will vew laws against usury in the same light that we do the inquisition in ,spain1 the execution of gypsies and witches in the last century1 or thoze laws of ,england which make #ajjl4 annual income necessary to qualify a man for killing a partridge1 while they allow forty shillings only to qualify him for electing a knight of the shire4 ,,no4 ,,xxv4 ,,hartford1 ,,october1 #aghi4 ,on ,,allegiance4 ,writers on law divide allegiance into two kinds1 natural and local4 ,natural allegiance iz such az iz du from all men born within the kings dominions1 immediately upon their berth4 ,for immediately upon their berth1 they are under the kings protection2 at a time too when 7during their infancy7 they are incapable of protecting themselves4 ,natural allegiance iz therefore a det of gratitude1 which cannot be forfeited1 cancelled or altered1 by any change of time1 place or circumstances2 nor by any thing but the united concurrence of the legislature4 ,an ,englishman who remoovs to ,france or to ,china1 owes the same allegiance to the king of ,england there az at home1 and twenty years hence az wel az now4 ,for it iz a principle of universal law1 that the natural born subject of one prince cannot by any act of hiz own1 no1 not by swearing allegiance to another1 put off or discharge hiz natural allegiance to the former2 for hiz natural allegiance waz intrinsic and primitiv and antecedent to the other1 and cannot be devested1 without the concurrent act of that prince to whom it waz first du4 ,indeed the natural born subject of one prince1 to whom he owes allegiance1 may be entangled by subjecting himself absolutely to another2 but it iz hiz own act that brings him into theze straits and difficulties1 of owing service to two masters2 and it iz unreezonable that1 by such voluntary act of hiz own1 he should be able at plezure to unloose thoze bands by which he iz connected to hiz natural prince4#adg #adg ,blackstone ,com4 ,vol4 ,i4 #cfi4 ,i mistake much1 however1 if the natural born subject would be so much entangled with hiz straits and difficulties1 az lord ,coke1 ,hale and ,blackstone1 would be1 to support their assertions and obviate the absurdities of their reezoning4 ,it iz astonishing to observe how slowly men get rid of old prejudices and opinions4 ,the feudal ideas of allegiance1 which make fidelity in the subject an obligation or grateful return for the protection of the prince1 stil prevail1 and are made the basis of all modern reezoning on the subject4 ,such ideas in the dark ages1 and in the days of feudal despotism1 are not to be wondered at4 ,every baron waz a tyrant on hiz manor1 and az hiz only safety consisted in hiz castle and hiz vassals1 it waz necessary to bind hiz subjects to him by oaths and superstition1 az wel az by a demand upon their gratitude4 ,but wil our sage writers on government and law1 forever think by tradition8 ,wil they never examin the grounds of receeved opinions8 ,let me enquire4 ,what iz the real ground of allegiance8 ,iz it not protection8 ,not at all4 ,we may just az wel invert the proposition1 and say1 that allegiance iz the ground of protection4 ,a prince iz the representativ of a nation or state1 so that allegiance to him1 iz merely allegiance to a state or body politic4#adh ,according to our ideas1 allegiance to a king1 and fidelity to a state1 are the same thing2 for detach a king from all connection with a nation or state1 and he becumes a private man1 and entitled only to the rights of such4 ,this at leest iz the opinion of an ,american1 whose mind iz not biassed by personal attachments to a sovereign4 #adh ,blackstone remarks that allegiance iz applicable1 not only to the political capacity of the king1 or regal office1 but to hiz natural person and blood royal4 ,i would ask then what blood royal there can be in a man1 except in hiz kingly capacity8 ,what then iz the ground of fidelity to a state8 ,the answer iz eezy2 the moral law1 which haz for its object the good of society4 ,this iz the basis of all obligations in a state1 whether express or implied2 yet writers on this subject hav hardly mentioned it4 ,blackstone indeed takes notice of an implied1 original allegiance1 antecedent to any express promis2 but seems rather to consider it az a return for the duties of the sovereign1 which he owes before coronation1 than az an obligation arising from the very constitution of society4 ,taking the moral law or the good of society for the ground of all allegiance1 we discuver two species of duties to be performed by every man2 the moral duties1 which exist at all times and in all places2 and certain political duties1 required by the municipal laws of eech state4 ,the first are the basis of natural or perpetual allegiance2 the last1 of local allegiance4 ,the first or moral duties create an obligation upon every man1 the moment he iz born1 which cannot be cancelled or discharged by any act of an individual1 or by any agreement between prince and subject2 the last1 or political duties1 impoze an obligation upon every member of a state or body politic1 the moment he steps within its jurisdiction1 to submit peaceably to such positiv injunctions of that state1 az hav been judged necessary for its welfare4 ,now to maintain that an oath of allegiance wil bind a man to perform all the last class of duties1 or the positiv duties enjoined by a particular state1 and not required by the general laws of society1 when the man haz perhaps become a member of another state1 three thousand miles distant1 iz to defend the wildest notions that can possess any man's brain4 ,every man iz bound always and in all places to do right1 and avoid doing rong2 and this with1 or without taking an oath of fidelity to any state4 ,this iz implied allegiance1 universal and perpetual2 and ,i deny that there iz any other ground of this allegiance1 except the universal principles of right and rong4 ,should it be said1 that a man may bind himself by oath to perform the positiv or political duties required by a state1 altho he may remoov and become a citizen of another state2 ,i answer1 this wil involv him in the straits and difficulties mentioned by ,blackstone2 for the political duties of the two states may interfere with eech other4 ,the truth iz1 a man haz no right to take such an oath1 nor haz a state any right to require it4 ,he may swear1 when he enters into any kingdom or state1 that he wil be a good citizen1 and submit to all the laws of the state1 while he iz a member of it2 and further1 that he wil observe the moral law in hiz conduct towards that society1 after he haz ceesed to be a member of it4 ,further than this1 he haz no right to swear4 ,az to every duty1 not required by the laws of society in general1 but only by the municipal laws of a state1 a man's allegiance commences when he enters that state2 and ceeses the moment he leeves it4#adi ,the doctrin of a perpetual allegiance iz wholly a feudal idea2 inculcated1 when every lord waz at war with hiz nabor2 and waz compelled by self preservation to attach hiz vassals to himself by oaths1 the penalties of perjury and the forfeitures of treezon4 #adi ,except the case of ,ambassadors or other agents4 ,blackstone says1 in the passage already quoted1 that natural allegiance iz a det of gratitude1 because the subject iz under the kings protection while an infant4 ,he might just az wel say1 protection iz a det of gratitude du from the prince1 because the subject iz born in hiz dominions4 ,on this principle of gratitude1 a child iz obliged to obey and serve hiz parent1 after he haz left hiz family1 and while he livs4 ,this det1 according to the same author1 cannot be cancelled1 but by concurrence of the legislature4 ,how in the name of reezon1 can an act of the legislature dissolv a natural tie8 ,how can it cancel a det of gratitude8 ,common sense looks with disdain on such week and futile reezoning4 ,but if there iz such a thing az natural and perpetual allegiance1 an ,englishman1 who remoovs to ,france1 cannot take arms to defend ,france against an invasion from ,england4 ,is this agreeable to the laws of nature and society1 that a man should not protect himself and hiz property8 ,it wil be said that the man iz within the ,english king's liegeance1 and entitled to hiz protection4 ,but the king cannot protect him2 it iz beyond hiz power1 and the ,englishman iz not obliged to leev ,france and seek protection in ,england4 ,hiz estate and hiz family may be in ,france1 and if he chooses to reside there1 it iz hiz unalienable right and duty to defend both against any invasion whatever4 ,every war1 except a defensiv one1 iz a breech of the moral law2 but when a natural born subject of ,england1 haz become a citizen of ,france1 he iz subject to the laws of ,france1 and bound to assist1 if required1 in defending the kingdom against hiz natural prince4 ,no4 ,,xxvi4 ,,hartford1 ,,july1 #aghi4 ,,explanation of the ,,reezons1 why ,,marriage iz ,,prohibited between ,,natural ,,relations4 ,much haz been said and written to ascertain between what relations marriage ought to be permitted4 ,the civil1 the canon1 and the ,english laws1 differ az to the degrees of consanguinity necessary to render this connection improper4 ,a detail of the arguments on this subject1 and even a recapitulation of the decrees of ecclesiastical councils1 in the erly ages of the church1 would be tedious and uninteresting4 ,i shall only offer a few thoughts of my own on the question1 with a view to illustrate a single point1 which haz been agitated in modern times1 and on which the different ,american states hav passed different decisions4 ,the point iz1 whether a man should be permitted to marry hiz former wife's sister4 ,in some states this iz permitted2 in others1 prohibited4 ,thoze who favor the prohibition1 ground their reezon on the ,levitical law1 which says a man shall not marry hiz wife's sister1 during the life of hiz wife1 to vex her4 ,this prohibition1 while it restrains a man from having two sisters for wives at the same time1 among a peeple where poligamy waz permitted1 iz a negativ pregnant1 and a strong argument that a man waz allowed1 after the deth of a wife1 to marry her sister4 ,the ,jewish law1 however divine1 waz designed for a particular nation1 and iz no farther binding upon other nations1 than it respects the natural and social duties4 ,in no one particular1 hav men been more mistaken1 than in explaining divine commands4 ,it haz been sufficient for them to reseiv a law into the wil of ,god1 without examining into the reezons for which the law waz revealed4 ,they seem to hav inverted the foundation of moral obligation1 in supposing the moral law to derive its propriety and fitness originally from the wil of ,deity1 rather than from the nature of things4 ,they talk about the fitness and unfitness of things1 independent1 not only of society1 but of ,god himself4 ,such wild notions1 ,i presume1 are not common4 ,there could be no fitness nor unfitness of things1 before things were made2 nor could right and rong exist without social beings4 ,the moral duties therefore are not right1 merely because they are commanded by ,god2 but they are commanded by him1 because they are right4 ,the propriety or fitness of them depends on the very nature of society2 and this fitness1 which waz coeval with creation1 waz the ground of the divine command4#aej #aej ,it may be said1 that moral right and rong must ultimately be resolved into the wil of ,deity1 because society itself depends on hiz wil4 ,this iz conceded2 ,i only contend that moral fitness and unfitness result immediately from the state of created beings1 with relation to eech other1 and not from any arbitrary rules imposed by ,deity1 subsequent to creation4 ,the law of ,moses1 regulating marriages1 waz founded on this propriety or fitness of things4 ,a divine command givs a sanction to the law2 but the propriety of it existed prior to the command4 ,the reezons for prohibiting marriage between certain relations are important2 yet they seem not to be understood4 ,it haz been sufficient1 in discussing this point1 to say1 such iz the law of ,god2 and few attempts hav been made to find the reezons of it1 by which alone its extent and authority can be ascertained4 ,there are two rules1 furnished by the laws of nature1 for regulating matrimonial connections4 ,the first iz1 that marriage1 which iz a social and civil connection1 should not interfere with a natural relation1 so az to defeet or destroy its duties and rights4 ,thus it iz highly improper that an aunt should marry her nephew1 or a grandfather hiz grand daughter2 because the duties and rights of the natural relation1 would be superseded by the positiv duties and rights of the civil connection4 ,the other rule iz much more important4 ,it iz a law of nature that vegetables should degenerate1 if planted continually on the same soil4 ,hence the change of seeds among farmers4 ,animals degenerate on the same principle4 ,the physical causes of this law of nature1 are perhaps among the arcana of creation2 but the effects are obvious2 and it iz surprizing that modern writers on law and ethics should pass over almost the only reezons of prohibiting marriage between blood relations4 ,consanguinity1 and not affinity1 iz the ground of the prohibition4#aea #aea ,by the ancient laws of ,england1 relations in the same degree1 whether by consanguinity or affinity1 were placed exactly on a footing4 ,see the suttle reezoning by which the prohibitions were supported1 in ,reeve's ,history of the ,english ,laws1 ,vol4 ,,iv4 ,it iz no crime for brothers and sisters to intermarry1 except the fatal consequences to society2 for were it generally practised1 men would soon become a race of pigmies4 ,it iz no crime for brothers and sisters children to intermarry1 and this iz often practised2 but such near blood connections often produce imperfect children4 ,the common peeple hav hence drawn an argument to proov such connections criminal2 considering weakness1 sickness and deformity in the offspring az judgements upon the parents4 ,superstition iz often awake1 when reezon iz asleep4 ,it iz just az criminal for a man to marry hiz cousin1 az it iz to sow flax every year on the same ground2 but when he does this1 he must not complain1 if he haz an indifferent crop4 ,here then the question occurs1 iz it proper for a man to marry hiz wife's sister8 ,the answer iz plain4 ,the practice does not interfere with any law of nature or society2 and there iz not the smallest impropriety in a man's marrying ten sisters of hiz wife in succession4 ,there iz no natural relation destroyed2 there iz no relation by blood2 and cessante ratione1 cessat et ipsa ,lex2 the law ceeses when the reezon of it ceeses4 ,no4 ,,xxvii4 ,,hartford1 ,,february1 #agij4 ,,miscellaneous ,,remarks on ,,divizions of ,,property1 ,,guvernment1 ,,education1 ,,religion1 ,,agriculture1 ,,slavery1 ,,commerce1 ,,climate and ,,diseezes in the ,,united ,,states4 ,the laws which respect property1 hav1 in all civilized communities1 formed the most important branch of municipal regulations4 ,of theze1 the laws which direct the division and desent of lands1 constitute the first class2 for on theze1 in a great mezure1 depend the genius of guvernment and the complection of manners4 ,savages hav very few regulations respecting property2 for there are but few things to which their desires or necessities prompt them to lay claim4 ,some very rude nations seem to hav no ideas of property1 especially in lands2 but the ,american tribes1 even when first discuvered1 claimed the lands on which they lived1 and the hunting grounds of eech tribe were marked from thoze of its nabors1 by rivers or other natural boundaries4 ,the ,mexican and ,peruvian ,indians had indeed advanced very far towards a state of civilization2 and land with them had acquired almost an ,european valu2 but the northern tribes1 yet in the hunter state1 would often barter millions of akers for a handful of trinkets and a few strings of wampum4 ,in the progress of nations1 land acquires a valu1 proportioned to the degree of populousness2 and other objects grow into estimation1 by their utility1 convenience1 or some plezure they afford to the imagination4 ,in attending to the principles of guvernment1 the leeding idea that strikes the mind1 iz1 that political power depends mostly on property2 consequently guvernment will take its complection from the divisions of property in the state4 ,in despotic states1 the subjects must not possess property in fee2 for an exclusiv possession of lands inspires ideas of independence1 fatal to despotism4 ,to support such guvernments1 it iz necessary that the laws should giv the prince a sovereign control over the property az wel az the lives of hiz subjects4 ,there are however very few countries1 where the guvernment iz so purely arbitrary1 that the peeple can be deprived of life and estate1 without some legal formalities4 ,even when the first possession waz the voluntary gift of the prince1 grants or concessions1 sanctioned by prescription1 hav often established rights in the subject1 of which he cannot be deprived without a judicial process4 ,in ,europe the feudal system of tenures haz given rise to a singular species of guvernment4 ,most of the countries are said to be guverned by monarkies2 but many of the guvernments might1 with propriety1 be called aristocratic republics4 ,the barons1 who possess1 the lands1 hav most of the power in their own hands4 ,formerly the kings were but lords of a superior rank1 primi inter pares2 and they were originally electiv4 ,this iz stil the case in ,poland1 which continues to be what other states in ,europe were1 an aristocratic republic4 ,but from the twelfth to the sixteenth century1 the princes1 in many countries1 were struggling to circumscribe the power of the barons1 and their attempts1 which often desolated their dominions1 were attended with various success4 ,what they could not accomplish by force1 they sometimes obtained by stratagem4 ,in some countries the commons were called in to support the royal prerogativs1 and thus obtained a share in legislation1 which haz since been augmented by vast accessions of power and influence1 from a distribution and encreese of welth4 ,this haz been the case in ,england4 ,in other countries1 the prince haz combined with the barons to depress the peeple4 ,where the prince holds the privilege of disposing of civil1 military and ecclesiastical offices1 it haz been eezy to attach the nobility to hiz interest1 and by this coalition1 peece haz often been secured in a kingdom2 but the peeple hav been kept in vassalage4 ,thus by the laws of the feudal system1 most of the commons in ,europe are kept in a state of dependence on the great landholders4 ,but commerce haz been favorable to mankind4 ,az the rules of succession to estates1 every where established in ,europe1 are calculated to aggrandize the few at the expense of the many1 commerce1 by creating and accumulating personal estate1 haz introduced a new species of power to ballance the influence of the landed property4 ,commerce found its way from ,italy and the eest1 to ,germany and ,england1 diffusing in its progress freedom1 knowlege and independence4 ,commerce iz favorable to freedom2 it flurishes most in republics2 indeed a free intercourse by trade iz almost fatal to despotism2 for which reezon1 some princes lay it under severe restrictions3 ,in other countries it iz discuraged by public opinion1 which renders trade disreputable4 ,this iz more fatal to it1 than the edicts of tyrants4 ,the basis of a democratic and a republican form of government1 iz1 a fundamental law1 favoring an equal or rather a general distribution of property4 ,it iz not necessary nor possible that every citizen should hav exactly an equal portion of land and goods1 but the laws of such a state should require an equal distribution of intestate estates1 and bar all perpetuities4 ,such laws occasion constant revolutions of property1 and thus hold out to all men equal motivs to vigilance and industry4 ,they excite emulation1 by giving every citizen an equal chance of being rich and respectable4 ,in no one particular do the ,american states differ from ,european nations more widely1 than in the rules which regulate the tenure and distribution of lands4 ,this circumstance alone wil1 for ages at leest1 prezerve a government in the united states1 very different from any which now exists or can arize in ,europe4 ,in ,new ,england1 intestate estates desend to all the children or other heirs in equal portions1 except to the oldest son1 who haz two shares4 ,this exception in favor of the oldest son1 waz copied from the levitical code1 which waz made the basis of the first ,new ,england institutions4 ,the legislature of ,massachusetts1 at their ,may session1 #aghi1 abolished that absurd exception2 and nothing but inveterate habit keeps it alive in the other states4#aeb #aeb ,lands in ,connecticut desend to the heirs in the following manner3 ,first to children1 and if none1 then to brothers and sisters or their legal representativs of the whole blud2 then to parents2 then to brothers and sisters of the half blud2 then to next of kin1 the whole blud taking the preference when of equal degree with the half blud4 ,in consequence of theze laws1 the peeple of ,new ,england enjoy an equality of condition1 unknown in any other part of the world4 ,to the same cause may be ascribed the rapid population of theze states2 for estates by division are kept small1 by which meens every man iz obliged to labor1 and labor iz the direct cause of population4 ,for the same reezon1 the peeple of theze states1 feel and exert the pride of independence4 ,their equality makes them mild and condesending1 capable of being convinced and guverned by persuasion2 but their independence renders them irritable and obstinate in resisting force and oppression4 ,a man by associating familiarly with them1 may eezily coax them into hiz views1 but if he assumes any airs of superiority1 he iz treeted with az little respect az a servant4 ,the principal inconvenience arizing from theze dispositions iz1 that a man who happens to be a little distinguished for hiz property or superior education iz ever exposed to their envy1 and the tung of slander iz bizzy in backbiting him4 ,in this manner1 they oppoze distinctions of rank1 with great success4 ,this however iz a private inconvenience2 but there iz an evil1 arising from this jealousy1 which deeply affects their guvernment4 ,averse to distinctions1 and reddy to humble superiority1 they become the dupes of a set of artful men1 who1 with small talents for business and no regard for the public interest1 are always familiar with every class of peeple1 slyly hinting something to the disadvantage of great and honest men1 and pretending to be frends to the public welfare4 ,the peeple are thus guverned at times by the most unqualified men among them4 ,if a man wil shake hands with every one he meets1 attend church constantly1 and assume a goodly countenance2 if he wil not swear or play cards1 he may arrive to the first offices in the guvernment1 without one single talent for the proper discharge of hiz duty2 he may even defraud the public revenu and be accused of it on the most indubitable evidence1 yet by laying hiz hand on hiz brest1 casting hiz eyes to heaven1 and calling ,god to witness hiz innocence1 he may wipe away the popular suspicions1 and be a fairer candidate for preferment than before hiz accusation4 ,so far az the harts of the peeple are concerned1 the disposition here mentioned iz a high recommendation1 for it proves them mild1 unsuspecting and humane3 ,but guvernment suffers a material injury from this turn of mind2 and were it not for a few men who are boldly honest1 and indefatigable in detecting impositions on the public1 the guvernment of theze states would always be1 az it often iz1 in the hands of the weekest1 or wickedest of the citizens4 ,the same equality of condition haz produced a singular manner of speeking among the peeple of ,new ,england4#aec ,but the inhabitants of all the large towns1 wel bred citizens1 are excepted from this remark4 #aec ,see my ,dissertations on the ,english ,language1 page #ajf4 ,altho the principle iz tru that a general distribution of lands iz the basis of a republican form of guvernment1 yet there iz an evil arising out of this distribution1 which the ,new ,england states now feel1 and which wil increase with the population of the country4 ,the tracts of land first taken up by the settlers1 were not very considerable2 and theze having been repeetedly divided among a number of heirs1 hav left the present proprietors almost without subsistence for their families4 ,vast numbers of men do not possess more than thirty or forty akers eech1 and many not half the quantity4 ,it iz with difficulty that such men can support families and pay taxes4 ,indeed most of them are unable to do it2 they involve themselves in det2 the creditors take the little land they possess1 and the peeple are driven1 poor and helpless1 into an uncultivated wilderness4 ,such are the effects of an equal division of lands among heirs2 and such the causes of emigration to the western territories4 ,emigration indeed iz a present remedy for the evil2 but when settlements hav raized the valu of the western lands neerly to that on the ,atlantic coast1 emigrations wil mostly ceese4 ,they wil not entirely ceese1 until the continent iz peepled to the ,pacific ocean2 and that period iz distant2 but whenever they ceese1 our republican inhabitants1 unable to subsist on the small portions of land1 assigned them by the laws of division1 must hav recourse to manufactures4 ,the holders of land wil be fewer in number1 because monied men wil hav the advantage of purchasing lands very low of the necessitous inhabitants1 who wil be multiplied by the very laws of the state1 respecting landed property4 ,other laws however could not be tolerated in theze states4 ,in ,europe1 provision iz made for younger sons1 in the army1 the church1 the navy1 or in the numerous manufactures of the countries4 ,but in ,america1 such provision cannot be made2 and therefore our laws eezely provide for all the children1 where they are not provided for by the parents4 ,by extending our views to futurity1 we see considerable changes in the condition of theze republican states4 ,the laws1 by barring entailments1 prevent the establishment of families in permanent affluence2 we are therefore in little danger of a hereditary aristocracy4 ,but the same laws1 by dividing inheritances1 tho their first effect iz to create equality1 ultimately tend to impoverish a great number of citizens1 and thus giv a few men1 who commanded money1 an advantage in procuring lands at less than their real valu4 ,the evil iz increased in a state1 where there iz a scarcity of cash1 occasioned by the course of trade1 or by laws limiting the interest on money loaned4 ,such iz the case in ,connecticut4 ,a man who haz money may purchase wel cultivated farms in that state for seventy1 and sometimes for fifty per cent4 of the real valu4 ,such a situation iz favorable to the accumulation of great estates1 and the creation of distinctions2 but while alienations of real estates are rendered necessary by the laws1 the genius of the guvernment wil not be materially changed4 ,the causes which destroyed the ancient republics were numerous2 but in ,rome1 one principal cause waz1 the vast inequality of fortunes1 occasioned partly by the stratagems of the patricians and partly by the spoils of their enemies1 or the exactions of tribute in their conquered provinces4 ,rome1 with the name of a republic1 waz several ages loozing the spirit and principle4 ,the ,gracchi endevored to check the growing evil by an agrarian law2 but were not successful4 ,in ,cesar's time1 the ,romans were ripened for a change of guvernment2 the spirit of a commonwelth waz lost1 and ,cesar waz but an instrument of altering the form1 when it could no longer exist4 ,cesar iz execrated az the tyrant of hiz country2 and ,brutus1 who stabbed him1 iz applauded az a ,roman4 ,but such waz the state of things in ,rome1 that ,cesar waz a better ruler than ,brutus would hav been2 for when the spirit of a guvernment iz lost1 the form must change4 ,brutus would hav been a tyrannical demagogue1 or hiz zeel to restore the commonwelth would hav protracted the civil war and factions which raged in ,rome and which finally must hav subsided in monarky4 ,cesar waz absolute1 but hiz guvernment waz moderate1 and hiz name waz sufficient to repress faction and prezerve tranquillity4 ,the zeel of ,brutus waz intemperate and rash2 for when abuses hav acquired a certain degree of strength2 when they are interwoven with every part of government1 it iz prudence to suffer many evils1 rather than risk the application of a violent remedy4 ,how far the ,roman history furnishes the data1 on which the politicians of ,america may calculate the future changes in our form of guvernment1 iz left to every man's own opinion4 ,our citizens now hold lands in fee2 this renders them bold in independence3 ,they all labor1 and therefore make hardy soldiers2 they all reed1 and of course understand their rights2 they rove uncontrolled in the forest2 therefore they know the use of arms4 ,but wil not poor peeple multiply1 and the possessions of real estates be diminished in number1 and increesed in size8 ,must not a great proportion of our citizens becum manufacturers and thus looz the bodies and the spirit of soldiers8 ,while the mass of knowlege wil be increesed by discuveries and experience1 wil it not be confined to fewer men8 ,in short1 wil not our forests be levelled1 or confined to a few proprietors8 and when our peeple ceese to hunt1 will not the body of them neglect the use of arms8 ,theze are questions of magnitude2 but the present generation can answer them only in prospect and speculation4 ,at any rate1 the genius of every guvernment must addapt itself to the peculiar state and spirit of the peeple who compose the state1 and when the ,americans looz the principles of a free guvernment1 it follows that they wil speedily looz the form4 ,such a change would1 az in ,rome1 be ascribed to bad men2 but it is more rational to ascribe it to an imperceptible progress of corruption1 or thoze insensible changes which steel into the best constitutions of government4 ,new ,england waz originally settled by a religious sect1 denominated puritans1 who fled from the severe restraints imposed upon dissenters in the reign of king ,james ,i4 ,placed beyond the feer of control1 they formed sistems of civil and ecclesiastical government1 exactly suited to their rigid notions4 ,all their institutions wear marks of an enthusiastic zeel for religion4 ,removed from the tyranny of one church1 they vibrated to the other extreme1 and with an ardor to bild up ,christ's kingdom1 in what they quaintly call1 a howling wilderness1 they established a tyranny of the severest kind over the consciences and rights of their own society1 and by arbitrary decrees banished thoze who dissented from them upon the most metaphisical points4 ,it waz a law of the first settlers at ,boston1 that none could be free men and entitled to vote for civil rulers1 who were not in full communion with the church2 and none could be admitted to full communion1 without the recommendation of a clergyman4 ,theze laws threw all the power of the state into the hands of the clergy4#aed ,it iz equally astonishing and ridiculous to the posterity of thoze godly peeple1 to find the church and state1 in the infancy of the settlement in ,america1 rent with discord upon the simple question1 whether sanctification preceeds justification4 ,yet hundreds of councils were held upon this or similar points1 and a dissent from the common opinion on such trifling questions1 waz heresy1 punishable with excommunication and banishment4 #aed ,see ,winthrop's ,journal1 ,mather's ,magnalia1 and ,hutchisons ,collection of papers4 ,but candor requires some apology to be made for our ancestors4 ,bigotry waz not confined to the ,new ,england settlers2 it waz the characteristic of the age4 ,the first settlers in ,new ,jersey1 ,virginia and ,pensylvania1 and indeed in most of the colonies1 prohibited witchcraft under penalty of deth2 tho the laws seem not to have been executed any where except in ,massachusetts4 ,but the fame gloomy superstition reigned in ,england4 ,the statutes of ,henry ,,viii4 and ,james ,i4 making witchcraft and sorcery felony without benefit of clergy1 upon which many persons suffered deth1 were not repeeled1 till the ninth yeer of ,george ,,ii4 or about #agcf4 ,just before the restoration in #affj1 no less than thirteen gypsies were condemned at one ,suffolk assizes1 and executed4 ,but why should ,i go to former times and other states for apologies8 ,iz it not eezy to find superstition and prejudices among ourselves equally absurd and indefensible8 ,does not a law against playing with cards proceed from theze prejudices8 ,what iz the difference between playing with spotted papers and spotted boards8 ,chequers1 back-gammon and chess are not prohibited1 and the games are az enticing az thoze which are prohibited4 ,are not such games az capable of conceelment az any domestic concerns8 ,wil laws ever reech them8 ,haz the legislature any right to control my family amuzements8 ,in short1 do laws ever suppress or restrain any species of game8 ,by no meens2 on the other hand1 ,i can testify from actual observation1 that prohibited games are practized az much az others1 and in states where penalties against them are most severe1 gaming iz the most frequent4 ,again1 are laws against witchcraft more absurd than laws against usury8 ,did not both originate in ages of monkish bigotry1 and in the same religious scruples8 ,iz it not az illiberal a prejudice to say1 that a man shall hav but six per cent4 profit on money loaned1 yet may make fifty per cent4 if he can1 on the same valu in goods1 houses or lands2 az it iz to say1 that a man shal not be a fanatic1 or a woman hav the hysterics8 ,haz not any man az good a right to be whimsical or superstitious1 az a legislature to be inconsistent8 ,az to the right1 ,i see no difference4 ,a man who iz oppressed to an obvious degree by a rich creditor1 wil find releef against the oppressor1 in a court of equity4 ,a fanatic1 who should keep a naborhood in an uproar by hiz religious worship1 would be punishable for a misdemeenor4 ,but when two men can make a voluntary contract for eight per cent4 interest1 a contract which eech deems favorable for himself1 that he should be punishable with a hevvy forfiture1 iz a curosity in legislation1 which ought to be placed on the catalog of papal bulls4 ,superstition appeers in all ages under different aspects4 ,the sailor who repozes confidence in the horse-shoe on hiz mast1 the ,roman who counts hiz beeds1 the judge who gravely sentences a witch to the gallows1 and the legislator who thinks it a crime to receev great profits for the use of money1 may be equally conscientious1 and to posterity in some future time1 wil appeer to be equally mistaken4 ,but while we contemplate the censurable laws of the first ,new ,england settlers1 let us not pass by many excellent regulations which proceed from their religious zeel1 and which hav been the basis of institutions the most favorable to morals1 to freedom and happiness4 ,in the first place1 our ancestors made provision for supporting preechers of the gospel in every village4 ,abating some rigid maxims1 which were propagated and maintained for the first century1 with too much zeel1 the influence of the clergy1 in ,new ,england1 haz been productiv of the happiest effects4 ,the clergy1 being wel informed men1 and scattered among the peeple at large1 hav been instrumental in diffusing knowlege4 ,frends to order1 and respected by their parishioners1 they hav at times saved the states from turbulence and disorder4 ,the advocates of liberty1 they espoused the ,american revolution with firmness1 and contributed to unite the peeple in a steddy opposition to ,british mezures2 and since the establishment of peece1 they hav had no small influence in oppozing mezures1 fatal to good faith and the rights of freemen4 ,the effects of their influence are the most generally vizible in ,connecticut1 where every town iz well settled and supports a clergyman4 ,this state never experienced an insurrection2 its opposition to the ,british power1 during the war1 waz steddy and unanimous2 and tender laws and paper currency hav been uniformly reprobated since the revolution4 ,the old settlements in ,massachusetts may fall under the same character2 but the western and northern counties are exceptions4 ,in a great proportion of the townships1 which hav been lately settled1 there iz no clergyman or other person of superior information1 to direct the popular councils and check a rizing opposition4 ,it waz obzerved1 during the late insurrections in thoze counties1 that the towns which were destitute of any wel informed men1 furnished the most numerous and most turbulent hosts of insurgents4 ,the wel informed counties on the see coast furnished scarcely a man4 ,in addition to this1 it may be remarked1 that the mildness of manners and the hospitality which prevail among the yemanry of ,new ,england1 are ascribeable in a great meazure1 to a general administration of religious ordinances4 ,the distinction in this respect1 iz so great between ,new ,england and some other parts of ,america1 that in travelling among the settlers on the frontiers of ,vermont1 a man may ascertain where the settlers were born and educated1 merely by their manner of receeving and treeting him4 ,this iz asserted from actual obzervation4 ,the ,state of ,rhode ,island furnishes full proofs of what iz here said in favor of the clergy4 ,that state waz settled by refugees from ,massachusetts1 who were banished or persecuted by the first settlers1 for their religious tenets4 ,roger ,williams and hiz adherents imbibed an inveterate hatred against the colony of ,massachusetts1 and in particular against the clergy1 whoze rigid zeel occasioned their expulsion from the colony4 ,the prejudice continued among their desendants1 and to this day the inhabitants boast of their liberality of sentiment and their freedom from the bigotry of clergymen1 which1 they say1 enslaves the peeple of ,massachusetts and ,connecticut4 ,this aversion to the clerical order haz however had a pernicious effect in the state4 ,the body of the peeple1 unaccustomed to the sobriety and decent deportment necessary in religious worship1 and despizing the puritanical manners of their nabors1 are educated in licentiousness and void of principle4 ,to this source may be traced the most unjust and tyrannical laws that ever disgraced a popular assembly1 and a perseverance in executing them1 which can proceed only from obstinate ignorance and dishonest views4 ,the large trading towns are excepted from this description2 the inhabitants of which are well informed1 polite1 liberal1 and firm supporters of good government2 but they encourage schools and support a respectable clergy4 ,in the second place1 our ancestors discuvered their wizdom in establishing public schools and colleges4 ,the law of ,connecticut ordains1 that every town1 or parish containing seventy householders1 shall keep an ,english school1 at leest eleven months in a yeer2 and towns containing a less number1 at leest six months in a yeer4 ,every town keeping a public skool iz entitled to draw from the trezury of the state1 a certain sum of money1 proportioned to its census in the list of property which furnishes the rule of taxation4 ,this sum might hav been originally sufficient to support one skool in each town or parish2 but in modern times1 iz divided among a number1 and the deficiency of money to support the skools iz raised upon the estates of the peeple1 in the manner the public taxes are assessed4 ,to extend the benefits of this establishment to all the inhabitants1 large towns and parishes are divided into districts2 eech of which iz supposed able to furnish a competent number of skolars for one skool4 ,in eech district a house iz erected for the purpose by the inhabitants of that district2 who hire a master1 furnish wood1 and tax themselves to pay all expenses1 not provided for by the public money4 ,the skool iz kept during the winter months1 when every farmer can spare hiz sons4 ,in this manner every child in the state haz access to a school4 ,in the summer1 a woman iz hired to teech small children1 who are not fit for any kind of labor4 ,in the large towns1 skools1 ether public or private1 are kept the whole yeer2 and in every county town1 a grammar school iz established by law4 ,the state of ,massachusetts haz also public schools on similar principles4 ,the colleges and academies are too well known to need any description or remarks4 ,the beneficial effects of theze institutions will be experienced for ages4 ,next to the establishments in favor of religion1 they hav been the nurseries of wel-informed citizens1 brave soldiers and wize legislators4 ,a peeple thus informed are capable of understanding their rights and of discuvering the meens to secure them4 ,in the next place1 our forefathers took mezures to prezerve the reputation of skools and the morals of yuth1 by making the business of teeching them an honorable employment4 ,every town or district haz a committee whoze duty iz to procure a master of talents and karacter2 and the practice iz to procure a man of the best character in the town or naborhood4 ,the welthy towns apply to yung gentlemen of liberal education1 who1 after taking the bachelor's degree1 usually keep skool a yeer or two1 before they enter upon a profession4 ,one of the most unfortunate circumstances to education in the middle and suthern states1 iz1 an opinion that skool keeping iz a meen employment1 fit only for persons of low karacter4 ,the retches who keep the skools in thoze states1 very frequently degrade the employment2 but the misfortune iz1 public opinion suppozes the employment degrades the man3 ,of course no gentleman will undertake to teech children1 while1 in popular estimation1 he must forfit hiz rank and karacter by the employment4 ,until public opinion iz corrected by some great examples1 the common schools1 what few there are in thoze states1 must continu in the hands of such vagabonds az wander about the country4 ,neerly connected with the establishment of skools1 iz the circulation of newspapers in ,new ,england4 ,this iz both a consequence and a cause of a general diffusion of letters4 ,in ,connecticut1 almost every man reeds a paper every week4 ,in the yeer #aghe1 ,i took some pains to ascertain the number of papers printed weekly in ,connecticut1 and in the suthern states4 ,i found the number in ,connecticut to be neerly eight thousand2 which waz equal to that published in the whole territory1 south of ,pensylvania4#aee ,by meens of this general circulation of public papers1 the peeple are informed of all political affairs2 and their representativs are often prepared to deliberate on propositions1 made to the legislature4 #aee ,during the late war1 eight thousand newspapers were published weekly at one press in ,hartford4 ,another institution favorable to knowlege1 iz the establishment of parish libraries4 ,theze are procured by subscription1 but they are numerous1 the expense not being considerable1 and the desire of reeding universal4 ,one hundred volums of books1 selected from the best writers on ethics1 divinity and history1 and red by the principal inhabitants of a town or village1 wil hav an amazing influence in spreding knowlege1 correcting the morals and softening the manners of a nation4 ,i am acquainted with parishes1 where almost every housholder haz red the works of ,addison1 ,sherlock1 ,atterbury1 ,watts1 ,young1 and other similar writings2 and wil converse handsomely on the subjects of which they treet4 ,still further1 the wisdom of the erly settlers in ,new ,england iz remarkable in the division of their territorial jurisdictions into townships1 and incorporating them with certain powers of a subordinate nature4 ,every town iz a corporate body1 with power to appoint1 at an annual meeting1 certain town magistrates1 called selectmen1 who hav the charge of providing for the poor1 superintending the town property1 dispozing of the monies c4 rendering an account to the town at the annual meeting4 ,the towns also appoint constables1 collectors of taxes1#aef surveyors of roads1 tithing men1 whoze business iz to prezerve order on ,sundays1 inspectors of various denominations1 c4 ,the towns are obliged to bild and repair their own bridges1 repair roads1 and defray the expense by a tax impozed by themselves4 ,they also support their own poor4 ,this system of subordinate legislation haz the advantage of saving the legislature much trubble1 and the corporations can hardly abuse powers1 which are limited to their own territories2 nor wil they probably neglect their duty1 az it iz for their interest and convenience to perform it4 #aef ,this iz an evil of great magnitude4 ,in the general organization of guvernment1 the ,new ,england states differ widely2 thoze of ,massachusetts and ,new ,hampshire1 being formed since the revolution1 are wel known2 thoze of ,connecticut and ,rhode ,island are moddled upon the charters of ,charles ,,ii1 and have suffered but little alteration1 since their first establishment4 ,the ,new ,england colonies were originally guverned by a cheef magistrate or guvernor1 a deputy1 and a certain number of assistants1 all chosen by the peeple4 ,they were called the court of assistants1 and for a considerable time1 exercized all powers1 legislativ and judicial4 ,the clergy were uzually associated with them1 and they seem to hav taken cognizance likewise of ecclesiastical matters4 ,the rulers of peeple in small societies1 in erly settlements1 and in the simple state of nature1 uzually hav discretionary powers to act for the common good4 ,this waz the case with the ancient witena-gemote1 and folk-motes or county meetings in ,england2 and with the first legislatures in theze colonies4 ,the towns soon began to send representativs to the court2 but for several yeers in ,boston1 they sat in the same house with the assistants2 in the same manner az the knights of shires1 or representativs of the inferior barons1 sat in parliament with the lords on their first introduction into the legislature4 ,but az the towns multiplied1 this practice waz found inconvenient1 and the deputies were separated from the assistants4 ,when this took place the assistants rezerved to themselves the judiciary powers1 which at first were lodged in the whole assembly4 ,in ,connecticut1 the assistants or upper house of assembly retained theze powers in effect1 till the late revolution2 only for the sake of convenience1 five of their number were appointed by both houses1 to the immediate exercize of the office and to ride the circuit4 ,still the assembly were a court of appeels in the last rezort1 to all intents and purposes2 for on petition1 any judgement or decree might be heerd and reversed by the legislature4 ,since the revolution1 a supreme court of errors iz constituted1 but on an exceptionable plan1 and the legislature continues to exercize supreme judicial power on petitions4 ,this iz a remnant of the old administration1 which was once harmless1 if not necessary2 but in a large community1 may be considered az a faulty part of the guvernment4 ,the whole legislature likewise acts az a court for the trial of public delinquents4 ,this iz an evil of unbounded magnitude4 ,when charges are exhibited against any public officer1 or any objections made to hiz re-appointment1 he iz admitted to a hearing1 council iz employed1 the charges are red1 witnesses examined1 and the delinquent makes hiz defence in person or by attorney4 ,this mode of impeachment and trial iz the worst that can be invented4 ,it iz difficult or impossible for a large popular assembly to be good judges2 they cannot perfectly understand a case2 they are credulous2 and their compassion eezily moved4 ,a pathetic harang1 especially from the accused himself1 with teers in hiz eyes1 and the misfortunes of hiz family painted in discription1 wil skreen from punishment any knave1 however numerous hiz crimes1 or however convincing the proofs of hiz gilt4 ,a popular assembly should not sit in judgement upon delinquents1 for the same reezon that wimen would be improper judges1 and for the same reezons that the mother and wife of ,coriolanus were the only persons who could save ,rome from his vengence4#aeg #aeg ,uxor deinde ac liberi amplexi2 fletusque ab omni turba mulierum ortus1 et comploratio sui patrique1 fregere tandem virum4--,liv4 lib ii4 #dj4 ,the constitution of ,connecticut iz if possible1 more defectiv in the trezury or finance department4 ,the trezurer iz annually appointed by the freemen in the state at large4 ,this makes him dependent on them4 ,the collectors are scattered in every part of the state2 and if the trezurer iz not agreeable to them1 az he wil not be1 if he iz rigorous in enforcing collections1 they can render him unpopular and throw him out of office4 ,this iz an evil2 besides1 the constables1 who are collectors1 are appointed by the towns2 if they are rigorous in their duty1 they are liable to looz their office2 or what iz worse1 they may set up az candidates for the legislature1 and by an influence arizing from their power in exacting taxes with a greater or less degree of rigor1 procure an election to an employment for which they are wholly unqualified4 ,when a considerable number of collectors hav obtained seets in the legislature1 they are ever reddy to delay or suspend the collection of taxes4 ,this iz not the worst part of the system4 ,the method of obtaining the money in default of the collectors1 iz tedious1 expensiv1 ineffectual1 and in short ridiculous4 ,when a collector iz in arreer1 a distress issues from the trezury against hiz estate4 ,upon a return of non est1 or in case of the collector's insolvency1 execution issues against the selectmen of the town1 whose estates are liable for the arreerages of taxes4 ,the selectmen then levy a tax upon the inhabitants to indemnify themselves4 ,it would be endless to enumerate the evils arizing out of this mode of collection4 ,if the trezurer was appointed by the legislature1 with power to name his collectors and call them to account2 and if collectors were obliged to giv bonds with sufficient security to save the state from loss1 which security should be liable to distress immediately on failure of the collector1 the taxes would be collected with promptitude and a great saving of expense4 ,it may be obzerved1 that the faults of the constitution are ascribeable to the ancient simplicity of the ,new ,england peeple1 and the corruptions of the administration hav grown out of the long tranquillity of the state4 ,while the peeple had perfect confidence in their rulers1 they were not disposed to disobey the laws2 and while there were few opportunities of corruptions1 there might be no instance of maladministration1 so obvious or atrocious az to alarm enquiry1 and excite peeple to change laws and forms1 to which they had been familiarized4 ,the inconveniencies resulting from a union of the legislativ and judicial powers in the same hands1 were not so great az to be sensibly felt by the public2 and habits of respect for men in office1 and submission to law1 had rendered men credulous and unsuspecting4 ,to this day1 it iz difficult to make the inhabitants beleev that their rulers and magistrates can betray a public trust4 ,till within two yeers1 the guvernor1 deputy guvernor1 judges of the superior court1 or two justices of the peece1 could draw upon the trezury of ,connecticut1 without their accounts being examined by any controller or auditor4 ,before the legislature could be persuaded to institute a controller's office az a check upon the trezury1 it waz necessary to exhibit to them strong proofs of maladministration in that department2 and the evils arizing from the prezent mode of collecting taxes1 must be obvious and great1 before they wil make any change in the system4 ,men are guverned by habit4 ,the first laws of a country take their complection from the peculiar cast and circumstances of the peeple2 and then the laws in turn contribute to form the manners of succeeding generations4 ,the state of ,connecticut iz an illustrious example of this truth4 ,by its situation1 it can never be expozed to sudden changes by an influx of foreigners4 ,it haz no great capital1 no general mart where all business centers2 it haz very little intercourse with ,europe2 and the communication by water between ,new ,york and ,rhode ,island iz so direct1 eezy and cheep1 that for nine months in the yeer1 few peeple travel thro ,connecticut4 ,for theze reezons1 ancient manners and habits will be prezerved longer in this state than in most of the others4 ,there iz one article in the constitution of this state that merits notice and imitation1 because it iz equally singular and excellent4 ,it iz the manner of electing the assistants or senators of their own legislature1 and the members of congress4 ,theze are elected by the freemen at large in the whole state4 ,the number of senators iz twelve1 and chosen annually in this manner4 ,in ,september1 the freemen assemble in the towns and vote for twenty persons1 by ballot2 the votes are all returned to the legislature in ,october1 and numbered2 and the twenty names that hav the most votes are said to stand in nomination1 and are published by order of assembly4 ,the next ,april1 the freemen assemble again1 and vote by ballot for twelv of the twenty1 and the twelv persons who hav the most votes1 are elected4 ,representatives in congress are chozen in a similar manner4 ,the great excellence of this mode of choozing iz1 it holds up to public view1 six months before election1 the karacters who are candidates2 peeple hav an opportunity of enquiring into their merits1 that they may select from the whole thoze who are the leest exceptionable4 ,it iz also a singular advantage that one branch of the legislature stands upon the suffrages of the whole4 ,if a man's nabors take a dislike to hiz public or private conduct1 they wil1 if possible1 dismiss him from office4 ,this iz the great misfortune of small district elections1 for it often happens that a man's integrity and independence in public mezures1 are most likely to render him unpopular among hiz nabors2 and sometimes small domestic occurrences may turn the tide of favor against him4 ,but when a man iz elected by a large district1 he iz not expozed to this evil2 and nothing short of a general opposition to popular mezures will shake him from hiz elevation4 ,theze remarks hav been repeetedly verified in ,connecticut4 ,the independence of the senate1 owing mostly to this article in the constitution1 haz several times saved the state from the most disgraceful acts4 ,the representativs are chozen twice a yeer1 for there are two regular sessions of the legislature4 ,this iz an inconvenience1 but not so great1 az it appears to our suthern nabors2 for the freemen meet in towns1 which are but about six miles square2 so that they can go from home1 make a choice1 and return in three hours4 ,the regularity of theze meetings iz incredible to strangers1 accustomed to the tumultuous elections in ,england and the suthern states4 ,no man dare solicit for the votes of hiz nabors1 nor ever offers himself a candidate by advertizing4 ,the freemen meet in some public bilding1 uzually a church1 seet themselves1 heer the law red respecting elections1 and proclamation iz made that they prepare their ballots for the officer to be chozen4 ,the constables then carry a hat to every freeman and take the votes1 which are counted by the civil authority1 and the choice declared in the meeting4 ,thus the representativs are elected2 but the ballots for guvernor1 deputy guvernor1 senators1 and delegates to congress1 are seeled up1 and sent to ,hartford1 where they are numbered at the annual election in ,may4 ,the choice iz conducted with neerly the same sobriety az public worship on ,sunday4 ,how different the elections in the suthern states1 where ,i hav seen candidates march at the hed of their adherents1 armed with clubs1 and force their way to the place of election1 and by violence thrusting away their rivals6 ,it is a misfortune in thoze states1 that the freemen of a whole county assemble at elections4 ,this iz one principal cause1 why the elections are attended with tumults1 riots1 quarrels1 bloody nozes1 and in a few instances1 with deth4 ,the laws of a republic should gard against all large collections of peeple either for good or bad purposes3 ,they are always dangerous4 ,rome furnishes innumerable lessons on this subject2 and if the suthern legislatures attend to facts1 they wil doubtless divide their counties into small districts for the purpose of election1 and hav the choice completed in one day2 that the candidates might not be able to hed their frends in more places than one4 ,it iz of infinit consequence that the pernicious influence of elections should be destroyed4 ,religion in ,connecticut haz the support of law4 ,contracts with clergymen are valid in law1 and every man iz compelled to pay hiz proportion of taxes to pay the salary of the minister of the parish where he resides1 unless he produces du proof that he attends worship with some dissenting congregation2 in which case he iz excuzed4 ,this iz considered by strangers az a hardship3 ,but it produces few inconveniencies in a state where there are few dissenters from the common worship2 and theze few are exempted1 if they attend any religious worship4 ,every person iz indulged in worshiping az he pleezes2 and whatever modern liberality may pretend1 the regular preeching of the gospel1 az a civil institution1 iz az necessary and useful1 az the establishment of skools or courts of justice4 ,without any regard to compulsion over consciences1 or any reference to a future life1 a legal provision for the moral instructors of men1 iz az beneficial in society1 az any civil or literary institution whatever2 and a commonalty1 who hav not the benefit of such instruction1 wil1 ,i presume to assert1 always be ignorant1 and of ruf uncivil manners4 ,it iz an article of some constitutions in ,america1 that clergymen shal hold no civil office4 ,this exclusion iz founded on just az good reezons1 az the old laws against witchcraft2 a clergyman being no more dangerous in a civil office1 than a witch in civil society4 ,it iz said that the business of clergymen iz divine and spiritual1 and that they should hav no concern with politics4 ,the objection iz equally good against merchants1 mechanics and farmers1 who hav no immediate concern with legislation4 ,the truth iz1 every citizen haz a concern in the laws which guvern him2 and a clergyman haz the same concern with civil laws1 az other men4 ,there hav been bad clergymen and tyrannical hierarkies in the world2 but the error lies in separating the civil from the ecclesiastical government4 ,when separated they become rivals2 when united1 they hav the same interest to pursu4 ,a clergyman's business iz to inform hiz peeple1 and to make them good men4 ,this iz the way to make them good citizens4 ,the clergymen in ,boston take the right method to accomplish this business2 they throw aside all divine airs and imperious grave superiority2 they mingle in the most familiar manner1 with other peeple2 they are social and facetious1 and their parishoners delight to hav them at all entertainments and concerts4 ,this conduct remoovs the awful distance between them and other descriptions of men2 they are not only esteemed and respected1 but luved2 their decent deportment iz imitated2 their churches are crowded1 and their instructions listened to with plezure4 ,such men are blessings to society4 ,that clergymen ought not to meddle with politics1 iz so far from truth1 that they ought to be well acquainted with the subject1 and better than most classes of men1 in proportion to their literary attainments4 ,religion and policy ought ever to go hand in hand2 not to raize a system of despotism over the consciences1 but to enlighten the minds1 soften the harts1 correct the manners and restrain the vices of men4 ,if men are to be fitted for heaven1 it must be by theze meens2 there iz no other way4 ,the separation of religion and policy1 of church and state1 waz owing at first to the errors of a gloomy superstition1 which exalted the ministers of ,christ into ,deities2 who1 like other men1 under similar advantages1 became tyrants4 ,the way to check their ambition1 and to giv full efficacy to their administrations1 iz to consider them az men and citizens1 entitled to all the benefits of guvernment1 subject to law1 and designed for civil az wel az spiritual instructors4 ,the state of ,new ,york waz settled with views1 widely different from thoze which actuated the ,new ,england puritans4 ,some ,dutch merchants first established factories at ,albany and on ,manhattans1 now ,york ,island1 for the purpose of opening a fur trade4 ,when the province came into the possession of the ,english1 several gentlemen of property took up large tracts of lands1 which1 being regulated by the ,english laws of descent1 continued unbroken1 til the late revolution4 ,but many of the proprietors of theze manors1 espousing the royal cause in the late contest1 left their estates1 which were of course confiscated and sold by the state4 ,this circumstance waz fatal to many large manors2 and a law of the state1 enacted about the yeer #agha1 which breaks the present and bars all future entailments1 wil in time divide the large estates which remain unbroken4 ,the ,dutch possess the most fertile parts of the old settlements2 az ,ulster and ,claverak counties1 part of ,albany and ,kings county1 on ,long ,island4 ,they are honest and economical1 but indolent1 and destitute of enterprize2 so that the state wil be mostly indetted to emigrants from ,new ,england1 for its future population and improvements4 ,new ,york city iz the most favorable stand for a great commercial port on the united states4 ,men may indulge themselves in rapsodies1 about the ,potomack1 the ,ohio and the ,missisippi2 but no part of theze states1 eest of the ,allegany1 wil ever rival ,new ,york1 and it iz doutful whether the same conveniencies for business unite on any part of the ,missisippi4 ,new ,york iz the center of the commerce of all the territory1 between the western boundary of ,rhode ,island and the middle of ,new ,jersey1 from the ,atlantic neerly to the borders of ,canada2 a district of two hundred miles by two hundred and fifty4 ,and the geography of the country tells us1 that no part of ,atlantic ,america can claim the same extensiv advantages4 ,new ,york iz not eezily defended in time of war1 and therefore1 without a navy1 iz not a safe place for an arsenal2 but ,west ,point1 sixty miles abuv the city1 on the ,hudson1 iz the most impregnable fortress in ,america4 ,before the revolution1 the guvernment of ,new ,york waz under the influence of the crown of ,great ,britain1 the guvernor and council being appointed by the king4 ,it waz illiberal in the preference given to the episcopal church2 no other denomination of ,christians being able to obtain any corporate establishment4 ,the same illiberal preference waz discuverable in the institution and guvernment of the college1 now called ,columbia college1 in which dissenters of any description could not hav a share4 ,the revolution haz effected a change in theze particulars4 ,dissenting churches1 which are the most numerous in the state1 are or may be incorporated2 and education begins to be encuraged by the laws4 ,a university iz established1 with a power of superintending and regulating skools throughout the state2 but provision iz not made for maintaining common skools in every quarter of the state4 ,ignorance stil prevails among the yemanry2 and this enables certain designing karacters to exercise a pernicious influence in the guvernment4 ,the territory of ,new ,jersey originally belonged to two1 and afterwards to many proprietors1 who appointed the guvernors4 ,but in the reign of queen ,ann1 the guvernment waz resigned to the crown1 and for a number of yeers1 the guvernor of ,new ,york waz also guvernor of the ,jersies1 altho eech province had a distinct assembly4 ,the heirs of the original proprietors1 or their purchasers1 stil hold the soil4 ,there are in this state many large estates1 but an entailment iz good only to the first donee in tail2 the estate1 on hiz deth intestate1 being divided equally among hiz heirs4 ,in general the laws of ,new ,jersey are highly republican2 but they make no provision for a general diffusion of knowlege4 ,many of the yemanry are extremely ignorant4 ,the college at ,princeton iz a very valuable institution2 but so little concern haz the legislature for the interest of lerning1 that the funds of that college are taxed by law4 ,the present constitution of ,new ,jersey iz liable to few exceptions2 but the state iz divided into two parties which often agitate the guvernment4 ,az the cause and effects of the controversy which began and stil continues theze parties1 are little known to their nabors1 ,i beg leev here to offer a concise state of the facts from unquestionable authority4 ,james1 duke of ,york1 in ,june #affd1 conveyed ,new ,jersey to ,john1 lord ,berkeley1 and ,sir ,george ,carteret1 in fee4 ,the bounds of the territory granted were1 the main see and ,hudson's river on the eest1 ,delaware bay or river on the west1 ,cape ,may on the south1 and on the north the northernmost branch of ,delaware bay1 or river1 which iz forty one degrees and forty minutes of latitude1 crossing over thence in strait line to ,hudson's river1 in forty one degrees of latitude4 ,some intermediate conveyances of lord ,berkeley's undivided half part were made1 but need not be here recited4 ,on the first of ,july1 #afgf1 waz executed a quintipartite deed1 between ,sir ,george ,carteret1 and the grantees of lord ,berkely1 by which the territory waz divided2 ,sir ,george ,carteret releesing all the western part to the grantees of ,berkeley1 and the latter releesing the eestern part to ,sir ,george4 ,the line of partition1 which originated all the subsequent disputes1 iz thus described in the deed3 ,extending eestward and northward along the see coast and the said river1 called ,hudson's river1 from the eest side of a certain place or harbor1 lying on the suthern part of the same tract of land1 and commonly called and known in a map of the same1 by the name of ,little ,egg ,harbor1 to that part of the said ,hudson's river1 which iz in forty one degrees of latitude1 being the furthermost part of said tract of land and premises1 which iz bounded by the said river1 and crossing over from thence in a strait line1 extending from that part of ,hudson's river aforesaid1 to the northernmost part or branch of the before mentioned river1 called ,delaware river1 and to the most northerly point or boundary of the said tract of land and premises1 granted by hiz royal highness1 ,james1 duke of ,york1 to lord ,berkeley and ,sir ,george ,carteret4 ,a difficulty aroze about the northern point of partition2 the duke of ,york's grant making the northernmost branch of ,delaware bay or river to be in forty one degrees and forty minutes of latitude2 and declaring a line from this point to the latitude of forty one on ,hudson's river1 to be the northern boundary of ,new ,jersey4 ,disputes aroze1 and the legislature of ,new ,jersey1 in #agai1 passed an act1 declaring that a partition line between ,eest and ,west ,jersey1 shall be run from the most northerly point or boundary of the province1 on the northernmost branch of ,delaware river1 to the most sutherly point of ,little ,egg ,harbor4 ,commissioners were appointed for this purpose1 and also for running the line between ,new ,york and ,new ,jersey4 ,they met with commissioners from ,new ,york1 but could not agree1 and left the business unfinished4 ,in #agda1 another attempt waz made by ,mr4 ,alexander1 surveyor general of both divisions1 but obnoxious to the ,west ,jersey proprietors4 ,he began to run the line1 but some errors he committed1 or bad instruments1 prevented the completion of the business2 he stopped half way4 ,disputes ran high1 and were attended with riots1 till the yeers #agfb and #agfd1 when by a law of ,new ,york and another of ,new ,jersey1 it waz agreed the line between the provinces should be run by commissioners to be appointed by the crown4 ,to this agreement the proprietors of ,west ,jersey az well az ,eest1 were parties4 ,the commissioners met1 fixed the two station points between ,new ,york and ,new ,jersey1 one at a rock on ,hudson's river1 in forty one degrees of latitude1 the other at the forks of the ,delaware1 at the mouth of the river ,makhakamak1 in latitude #da4 #ba'4 #cg4 ,this point on ,delaware iz eighteen minutes twenty three seconds1 to the suthward of the northern boundary of ,new ,jersey1 az described in the duke of ,york's grant to the first proprietors2 which waz1 on the northernmost branch of ,delaware river1 which iz forty one degrees forty minutes of latitude4 ,both parties appeeled to the crown1 but without success4 ,acts were afterwards passed1 both by ,new ,york and ,new ,jersey1 confirming the line between the provinces1 and theze acts receeved the approbation of the king in council4 ,this waz an amicable settlement between the two provinces2 and it waz expected that the northern limits of ,new ,jersey and the station points on both rivers1 being fixed by law1 nothing waz necessary to quiet all parties1 but to run the line from the north station point on ,delaware to ,little ,egg ,harbor4 ,a correspondence for this purpose took place between the proprietors of ,eest and ,west ,jersey2 but before the matter waz completed the war commenced4 ,since the war1 the controversies hav been revived1 and divided the state into violent parties4 ,it seems the proprietors of ,eest ,jersey expected the north station point on ,delaware would hav been fixed az high az forty one degrees forty minutes1 the point described by the original grant from the duke of ,york4 ,this would hav carried the limit of the state about eighteen miles further north on the ,delaware side4 ,now there iz a bend in the ,delaware1 at the forks1 so that the station point az now fixed1 iz carried further eest than it would be1 had it been fixed in forty one degrees forty minutes2 so the decision of the commissioners waz in favor of the ,west ,jersey proprietors4 ,from the forks1 the river bends its course westerly of north1 and from a point eighteen miles north1 a line to ,little ,egg ,harbor1 would leev an angle containing several thousand akers of land1 in ,eest ,jersey4 ,this iz a short state of the origin and progress of a controversy1 which stil agitates the state and disturbs the peece of their guvernment2 the jealousies between ,eest and ,west ,jersey being almost az great az between the northern and suthern states1 upon a question respecting the seet of guvernment1 or any other matter of little consequence to the union4 ,the contest however iz of magnitude to both parties in ,new ,jersey1 az the lands in dispute hav been settled upon doutful titles2 and altho an act of the legislature may establish theze1 yet the loozing party wil expect a compensation4#aeh #aeh ,the foregoing facts are taken from ,leaming and ,spicer's ,collection2 a concise view of the controversy1 c4 published in #aghe2 and from the acts of the legislature of ,new ,jersey4 ,the commerce of ,new ,jersey iz almost wholly carried on thro ,new ,york and ,philadelphia4 ,its situation1 between two large commercial towns1 resembles that of ,connecticut2 but in one respect1 the latter haz the advantage1 viz4 that of a butiful navigable river1 penetrating the state and affording the best conveniences for a trade to the ,west ,indies4 ,the legislature of ,new ,jersey hav attempted to call home the trade of the state1 by holding out liberal encouragement for direct importations from abroad1 and making free ports4 ,perth ,amboy affords a fine harbor1 but it iz difficult1 perhaps impossible1 to raize a rival in the naborhood of ,new ,york4 ,new ,jersey and ,connecticut wil find their interest in encuraging manufactures4 ,pensylvania waz settled by a religious sect1 remarkable for their sobriety1 industry and pacific disposition4 ,mr4 ,penn1 the first proprietor of the province1 waz a man of superior talents4 ,the free indulgence given to all religious denominations1 invited settlers from ,england1 ,germany and ,ireland1 and the population of the province1 with the consequential increese of the valu of lands1 waz rapid beyond any thing known in the other colonies4 ,the province however waz harrassed with disputes between the acting guvernors and the commons4 ,the proprietary1 who waz the guvernor1 usually rezided in ,england2 appointing a deputy with a council1 to act for him in the province4 ,the proprietaries were often selfish1 and made demands upon the peeple1 which their sense of liberty and right would not permit them to grant4 ,the quit-rents1 paper currency1 and some other matters1 were constant subjects of altercation1 whenever the assembly convened4#aei #aei ,see ,dr4 ,franklins ,review of the guvernment of ,pensylvania4 ,the long and violent opposition to the influence of their proprietaries1 who were abroad1 and often considered az hostile to popular privileges1 together with the beneficial effects of a paper currency1 during the infant state of the province1 may be the reezons why the constitution of ,pensylvania1 formed at the revolution1 verged too much towards an extreme of democracy2#afj and why the legislature of that state waz the first to issue a paper currency1 after the war4 ,the old republican patriots1 who had resisted1 with success1 the encroachments of arbitrary guvernors and kings1 determined to frame a constitution1 which should prevent the interference of a guvernor and council in acts of legislation2 and men who had seen the good effects of paper currency1 without its evils1 would be the first to recommend it4 ,it iz natural2 men are guverned by habit4 #afj ,the powers of legislation by the late constitution1 were designed to be vested in the peeple2 but in fact were vested no where4 ,the pretended legislature consisted of but one house2 and no bill1 except on pressing occasions1 could be passed into a law1 until it had been published for the assent of the peeple4 ,at the revolution in #aggf1 the representativs of the province1 acting on the principle that public good transcends all considerations of individual right1 assumed the reigns of government1 formed a constitution for the purpose1 and divested the proprietaries of both territory and jurisdiction4 ,they gave them however1 #acj1jjjl4 sterling in lieu of all quit-rents1 and rezerved to them considerable tracts of land4 ,the first constitution1 like that of the ,netherlands1 waz framed upon the ruins of oppression1 and with a too jealous attention to popular rights4 ,it waz defectiv in the most material articles1 and a few yeers experience induced the peeple to adopt another form1 more analogous to thoze by which her sister states are guverned4 ,the laws of ,pensylvania1 respecting inheritances1 hav not barred entails2 but az entails may be docked by the ,english finesse of common recoveries2 az the divisions of lands favor equality1 az wel az the genius of the peeple1 there can be no apprehensions of an aristocratical influence from large possessions of real estate4 ,a single man may hold real or personal estate to such an amount1 az to hav an undu influence in politics and commerce4 ,when a man haz become so powerful that hiz nabors are afraid to demand their rights of him in a legal way2 or when a town or city iz so far under hiz control1 that the citizens are generally afraid of offending him1 he iz or may be a dangerous man in a free state1 and a bad man in any state4 ,a ,clive and a ,hastings are az dangerous in a state1 az an ,arnold or a ,shays1 if they hav the same evil propensities2 for thoze who oppoze law1 are generally punished2 but thoze who are abuv law1 may do injustice with impunity4 ,the peeple in ,pensylvania may be included under the three denominations of ,frends1 ,germans1 and ,irish desendants4 ,the ,frends and ,germans were the first settlers1 and for the most part liv between the ,delaware and ,susquehanna4 ,theze are peeceable and industrious peeple4 ,the ,irish or their desendants1 inhabit the western counties2 they are industrious1 but not so wel informed in general1 az the inhabitants of some older counties1 and at times hav been turbulent citizens4 ,it waz the misfortune of this1 az of all the suthern states1 that no provision for public skools waz incorporated into the original fundamental laws4 ,without such a provision1 it iz not possible that a body of freemen should hav the reeding necessary to form just notions of liberty and law4 ,this defect wil probably be supplied by the new constitution and the future laws of the state4 ,the number of colleges and academies alreddy founded and endowed1 proov the disposition of the legislature to encurage science4 ,the only difficulty iz to persuade an agricultural peeple to settle in villages or clans1 for the purpose of maintaining a clergyman and skoolmaster2 and thus to carry into effect the wise and benevolent designs of their rulers4 ,philadelphia iz a great commercial city2 but it iz questioned whether commerce wil giv it a future growth equal to that of ,new ,york4 ,the future population of the suthern part of ,new ,jersey1 and the peninsula between the ,chesapeek and the ,atlantic1 wil not add much to the trade of ,philadelphia4 ,the naborhood of the city and most of the lands towards ,lancaster and ,bethlehem1 are alreddy wel settled4 ,about seventy three miles west of ,philadelphia runs the ,susquehanna2 a river not indeed navigable at the mouth1 but with some portages1 capable of opening a communication by water from ,wioming to the ,chesapeek2 and should canals be opened to avoid the falls and rapids1 the trade of the state1 quite to the bed of that river1 wil center in ,baltimore4 ,at any rate ,baltimore and ,alexandria wil command most of the trade west of the ,susquehanna2 so that ,philadelphia must depend mostly1 for the increese of her business1 on the population northward1 about the hed of the ,deleware4 ,the commerce however wil always be considerable1 and the spirit of the citizens in establishing manufactures1 promises a great extension of the city4 ,the state of ,pensylvania waz1 for many yeers1 agitated by a territorial controversy with ,connecticut2 the history of which iz breefly this4 ,king ,james ,i4 in #afbj1 made a grant to a number of gentlemen1 called the ,plimouth ,company1 of all the lands in ,north ,america1 included between the #djth and #dhth degrees of latitude1 throughout all the main land from see to see2 except such lands az were then settled by some ,christian prince or state4 ,the only settlements at that time north of ,virginia1 were at ,new ,york and ,albany1 on the ,hudson4 ,in #afbh1 a number of gentlemen obtained from the company a grant of lands1 bounded on the north1 by a line three miles north of ,merrimak river1 and on the south1 by a line three miles south of ,charles river1 throughout the main lands from the ,atlantic on the eest1 to the ,south ,see1 on the west4 ,this waz the first grant of ,massachusetts4 ,in the yeer #afca1 ,robert1 erl of ,warwick1 president of the ,plimouth company1 granted to lord ,say and ,seal1 and lord ,brook1 all that part of ,new ,england1 extending from ,naraganset river1 the space of forty leegs on a strait line1 neer the see coast1 north and south in latitude and bredth1 and in length and longitude of and within all the aforesaid bredth1 throughout all the main lands from the western ,ocean to the ,south ,see4 ,this grant waz confirmed by the charter of ,charles ,,ii4 dated ,april #bc1 #affb1 with a similar description of the territory4 ,in #affd1 king ,charles ,,ii4 gave hiz brother a tract of land in ,america1 the description of which iz not wholly consistent or intelligible2 but one part of the grant interfered with the ,connecticut patent1 and disputes aroze1 which were amicably settled by commissioners in #afhc2 the line between ,connecticut and ,new ,york being fixed at ,byram river1 about twenty miles eest of the ,hudson4 ,in #afhj1 ,sir ,william ,penn obtained from the crown a tract of land1 extending from twelv miles north of ,new ,castle1 on the ,delaware1 to the forty third degree of latitude1 and from the ,delaware westward five degrees of longitude4 ,this grant interfered with the patent of ,connecticut1 provided the grant to the guvernor and company of ,connecticut should be extended west of ,new ,york1 according to the words of that and the other grants of ,new ,england4 ,mr4 ,penn took care to gain a just title to hiz patent by bona fide purchases of the ,indians1 who possessed the soil4 ,but the question iz1 whether he had a right of pre-emption to lands before granted to other men2 and whether the king's grant to him could be valid1 so far az it cuvered lands alredy conveyed by the crown to a company1 which had begun settlements upon the grant4 ,the ,pensylvanians contended that1 the geografy of this country being little known in ,england1 az all the maps and charts at that time were imperfect and erroneous1 it must hav been owing to an ignorance of the distance from the ,atlantic to the ,south ,see1 that the grants were made to run thro the continent3 ,that ,mr4 ,penn had acquired the best of titles to the lands in dispute by fair purchase from the nativ proprietors3 ,and that ,connecticut1 by a settlement of her boundary with ,new ,york1 had fixed her western limits1 and relinquished all claim to lands west of ,new ,york4 ,while any part of ,connecticut1 eest of ,new ,york1 remained unlocated1 the inhabitants suffered their claims westward to lie dormant4 ,but about the yeer #agej1 the whole of this territory waz located1 and the peeple began to think of forming a settlement west of ,delaware river4 ,they however knew that the lands were claimed by ,pensylvania1 and to remoov all douts az to the validity of their own title1 requested the opinions of the most eminent council in ,england1 upon their right by charter to the lands in question4 ,they receeved for answer1 that the grant to the ,plimouth company1 did extend to the westward of ,new ,york3 ,that the settlement of the boundary line between ,new ,york and ,connecticut1 did not affect their claims to lands in other parts3 ,and that1 the charter of ,connecticut being of a prior date to that of ,sir ,william ,penn1 there waz no ground to contend1 that the crown could make an effectual grant to him of that country which had been so recently granted to others4 ,this answer waz so decisiv and cleer in favor of their claim1 that they proceeded to locate and settle the lands on the ,susquehanna river1 within the latitude of the ,connecticut charter4 ,it seems however that a few scattering settlements had been made within the same latitude1 on the opposit side of the river1 under ,pensylvania locations4 ,the settlers soon came to an open quarrel1 and both states became interested in the controversy4 ,the dispute however subsided a few yeers during the war1 til finally both states submitted their claims to the jurisdiction of the territory1 to a federal court1 which waz held at ,trenton1 in ,november1 #aghb4 ,the decision of this court waz in favor of ,pensylvania1 and ,connecticut acquiesced4 ,dissatisfied with this decree1 the settlers under ,connecticut and individual claimants1 determined to maintain their right to the soil1 which they had possessed more than twenty five yeers2 and to submit this also to a federal court4 ,no court however waz ever held for the purpose2 the claimants not finding any support from the guvernment of ,connecticut4 ,the settlers1 amounting to many hundreds1 remained upon the soil4 ,pensylvania1 by a precipitancy arising out of an imperfect frame of guvernment1 resolved to take possession of the lands1 and sent an armed force for the purpose4 ,this mezure waz rash1 especially az the principal settlers had taken the oath of allegiance to that state1 and were willing1 if they could be quieted in their possessions1 to becum good and peeceable citizens4 ,tumults followed2 the history of which would be disagreeable to most reeders4 ,at length1 ,pensylvania passed a law to quiet thoze who were actual settlers before the decree at ,trenton1 in the possession of their farms1 amounting to about three hundred akers eech4 ,the territory waz erected into a county1 by the name of ,luzerne1 in honor of the ,french minister of that name4 ,colonel ,pickering waz appointed ,prothonotary#afa of the county4 ,this gentleman haz suffered much in reconciling parties2 but hiz integrity1 zeel1 prudence1 and indefatigable industry1 bid fair to meet with merited success in quieting disorders and establishing guvernment4 #afa ,clerk or register4 ,in this controversy1 several questions arize4 ,first1 ,what right had the crown of ,england to the lands in ,north ,america8 ,i answer1 the right of discuvery4 ,this right1 however the law of nations may hav considered it1 does not in fact entitle a prince or state to the soil1 even of an uninhabited territory2 much less1 of lands possessed by any of the human race4 ,it entitles the discuvering nation to a preference in forming settlements or occupying vacant lands4 ,and this right iz derived rather from the common convenience of nations1 or the necessity of some principle by which to prevent controversy1 than from any connection between discuvery and a title to property4 ,secondly1 ,what right could the grantees derive from a royal grant of lands in ,america8 ,i answer1 merely a right of pre-emption1 or a preference in purchasing the lands of the proprietors1 the nativ ,indians4 ,thirdly1 ,the guvernor and company of ,connecticut1 by the prior date of their charter1 having the right of pre-emption to all the lands cuvered by the charter1 could ,mr4 ,penn acquire a title to any of the same lands by pre-emption8 ,on legal principles he certainly could not4 ,the only substantial ground of title which ,pensylvania could hav to the controverted lands1 waz1 that ,connecticut1 by neglecting to purchase of the ,indians1 might forfit their right of pre-emption1 and leev the territory open to any purchaser whatever2 so that ,mr4 ,penn or hiz heirs might acquire a good title by first purchase4 ,whether ,mr4 ,penn actually acquired such a title or not1 ,i am not possessed of documents to decide4 ,that the first grant of ,new ,england actually extended to the ,western or ,pacific ,ocean1 cannot be denied2 and congress hav admitted the claim1 by accepting from ,connecticut a cession of lands west of ,pensylvania4 ,connecticut however stil holds a tract of one hundred and twenty miles1 west of that state1 which iz now for sale4 ,the state of ,massachusetts haz a similar claim to lands west of ,new ,york state2 and the line between the two states haz lately been settled by commissioners4 ,at any rate1 the controversy between ,connecticut and ,pensylvania waz finally terminated by the decree of ,trenton1 and it iz to be wished no future altercation may disturb the states or individual proprietors4 ,the small state of ,delaware resembles ,pensylvania in respect to its history and guvernment4 ,maryland waz settled by ,roman ,catholic emigrants1 from ,england and ,ireland1 under lord ,baltimore4 ,large grants of land were carved out to individuals1 and slaves purchased from ,africa to cultivate the soil4 ,some of the largest estates in ,america lie in ,maryland4 ,the guvernment waz formerly in the hands of the proprietary2 but the peeple1 at the revolution1 assumed it4 ,mr4 ,harford1 the natural son of lord ,baltimore1 inherited hiz property in ,maryland2 but being an absentee during the war1 hiz estates were confiscated1 and on petition1 the legislature refuzed him even the arreerages of rent1 du at the commencement of hostilities4#afb #afb ,see the proceedings of the legislature of ,maryland in #aghe4 ,the present constitution iz in general excellent2 and particularly in the establishment of an independent senate4 ,in a popular state1 nothing contributes so much to stability and safety1 az an independency and firmness in one branch of the legislature4 ,this state however1 like its nabors1 iz remarkable for tumultuous elections2 a malpractice that haz existed from its first settlement2 a practice which wil sooner or later proov fatal to the attempts of merit in obtaining offices1 and sap the foundation of a free guvernment4 ,the body of the peeple are ignorant4 ,i once saw a copy of instructions given to a representativ by hiz constituents1 with more than a hundred names subscribed2 three fifths of which were marked with a cross1 because the men could not write4 ,two or three colleges1 and some academies and private skools1 constitute the principal meens of instruction in this state1 and most of theze are of a modern establishment4 ,a few large towns only giv good encuragement to skools and the clergy4 ,maryland continues to receev multitudes of emigrants from ,europe1 and many of them are of the poorest class4 ,from several months rezidence in ,maryland1 ,i am inclined to beleev1 there are more vagabonds in ,baltimore and the vicinity1 than in all ,new ,england4 ,but ,maryland must decide upon the public benefit derived from this unrestrained admission of foreigners4 ,virginia waz settled eight yeers before ,new ,york1 and fourteen before ,new ,england4 ,this circumstance haz given the state the quaint appellation of the ancient dominion4 ,the divisions of property are large1 and the lands cultivated by slaves4 ,entailments of land were barred before the revolution2 but real estate iz not liable for det upon an execution4 ,it appeers strange at first view1 that men should exempt their lands from this liability1 and at the same time1 suffer their persons to be imprizoned for det3 ,the singularity however iz eezily accounted for1 by their karacteristic attachment to large estates1 or rather to the name of possessing them4 ,when a man's consequence and reputation depend principally on the quantity of land and number of negroes he iz said to possess1 he will not risk both for the sake of hiz creditors4 ,the passion for the name of a planter1 absorbs all other considerations4 ,i waz once present at an entertainment1 given by a yung planter in ,virginia1 who had much land and many slaves4 ,he aroze at two o'clock next morning1 pawned hiz knee buckles and some other articles1 gave hiz landlord a note for about sixty dollars1 and rode off without paying hiz hair-dresser4 ,but he waz said to be a man of property4 ,many of the planters are indeed nominally rich2 but their dets are not paid4 ,i waz told by wel informed planters1 that some whole counties in ,virginia would hardly sel for the valu of the dets du from the inhabitants4 ,the ,virginians1 it iz tru1 owe immense sums to ,british merchants1 and the difficulty of paying them might be a principal reezon for suspending the collection by law1 at the cloze of the war2 but that the real estates of a whole county would not discharge the dets of it1 iz not to be beleeved4 ,a large part of the peeple in ,virginia hav not the meens of education4 ,the dispersed situation of the planters in the suthern states1 renders it impossible for all to hav access to skools4 ,the university of ,williamsburg1 and a few academies in large towns1 constitute the principal meens of education in ,virginia2 and the same remark iz applicable to all the suthern states4 ,but a small proportion of the white children can reep any advantage from theze institutions4 ,since the revolution1 the legislatures of all the suthern states hav shown a dispozition to giv liberal encuragement to the education of every rank of citizens2 but the local circumstances or habits of the peeple throw innumerable obstacles in the way of executing their patriotic designs4 ,gentlemen of property1 reziding on their plantations at a distance from a village1 wil sometimes hire a private instructor in their families2 but theze instructors must be vagabonds1 for the most part2 az the gentlemen wil not admit that a skoolmaster can be a gentleman2 in consequence of which opinion1 most or all teechers are excluded from genteel company4 ,while this iz the case1 men of good breeding wil not be found to teech their children4 ,an exception must be made of grammar masters1 az they are called2 for a man who can teech ,latin1 they suppoze1 may be a decent man1 and fit for gentlemen's company4 ,religion fares worse in ,virginia than education4 ,before the war1 the episcopal waz the established religion of the province1 and the churches were liberally endowed by law4 ,a parish usually contained four churches1 in eech of which a clergyman officiated in rotation1 one ,sunday in a month4 ,but this greevous burthen waz remooved by the revolution1 and great numbers of parishes hav no officiating minister4 ,a motion waz brot forward in #aghe1 to make some legal provizion for supporting clergymen2 but the proposition waz suspended til the next session of the legislature4 ,in the meen time a pompous retorical memorial waz circulated and subscribed1 in oppozition to the mezure4 ,the arguments uzed against any ecclesiastical establishments were splendid1 liberal and efficacious2 and at the following session1 the legislature passed a declaratory argumentativ resolv against giving religion any establishment and protection4#afc #afc ,virginia however iz not alone in this mezure4 ,rhode ,island formerly took the same steps1 and stil adheres to its liberality4 ,when men hav thrown off a restraint that iz disagreeable and unreezonable1 it iz to be expected that they wil run into the extreme of licentiousness4 ,yet it iz one of the most difficult problems in the history of theze states1 that the liberal and eminently lerned men1 who conduct the guvernment of ,virginia1 7and many of their leeding karacters are of this description7 should not view the ministers of religion1 in ,america1 az destitute of that odious and tremendous authority over human consciences1 which waz assumed under the papal hierarky4 ,i can hardly beleev a man of reeding and reflection to be serious1 when he asserts that legislatures hav no right to compel the subject to contribute to the support of clergymen1 because they hav no authority over men's consciences4 ,neether clergymen nor human laws hav the leest authority over the conscience2 nor iz any such power implied in a law compelling every citizen to contribute annually to the support of a clergyman4 ,but any sovereign authority may justly command the citizens to establish and attend religious assemblies1 az wel az to meet for the choice of representativs1 or send their children to a skool2 powers which were never questioned4 ,a man iz not bound in conscience to beleev all the instructions of hiz preceptor2 nor are the citizens compellable to beleev the opinions and decisions of a court of justice2 but the legislature haz a right to compel every citizen to pay hiz proportion of taxes to maintain preceptors and judges4 ,this iz precisely the fact with respect to a legal support of clergymen4 ,no man iz bound in law or conscience to beleev all a preecher says2 but the whole question iz this2 are clergymen1 az moral instructors1 a beneficial order of men8 ,haz their ministration a good effect upon society8 ,if this should be admitted1 there iz no more dout of the right of a legislature to support such men by law1 than there iz of their right of instituting universities or courts of justice4 ,that enormous error which seems to be rivetted in popular opinion1 that the functions of clergymen are of a spiritual and divine nature1 and that this order of men should hav no concern with secular affairs1 haz laid the foundation of a separation of interest and influence between the civil and ecclesiastical orders2 haz produced a rivalship az fatal to the peece of society az war and pestilence1 and a prejudice against all orders of preechers1 which bids fair to banish the gospel of peece from some parts of our empire4 ,the ,kristian religion1 in its purity1 iz the best institution on erth for softening the ferocious tempers1 and awakening the benevolent affections of men4 ,to this religion1 ,europe and ,america are indetted for half their civilization4 ,there hav been periods1 when mankind hav suffered from ecclesiastical tyranny2 but information iz demolishing all systems of despotism1 civil and ecclesiastical4 ,and when the clergy themselves leev all rangling about speculativ points1 which neether they nor philosophers understand1 and confine themselves to publishing and enforcing the benevolent precepts of a gospel which breethes nothing but universal luv and peece to all mankind1 they wil remoov the prejudices against their order1 they wil be really the messengers of peece1 they wil conciliate affection1 and thus open the harts of men to receev impressions of virtue1 they wil make men good citizens here1 without which they are never prepared to be members of a heavenly society2 and finally they wil establish a rational moral influence over an enlightened peeple1 equally fatal to the declamation of ranting fanatics1 and the pernicious amusement of gambling at inns and horse-races4 ,in the ,carolinas and ,georgia1 we find the state of property1 literature and religion1 resembling that in ,virginia and ,maryland4 ,charleston iz remarkable for its hospitality and good order4 ,but in the states south of ,pensylvania and ,delaware1 the divisions of property1 the habits of the peeple1 and the dispersed local situation of the planters1 are all unfavorable to improovments of any kind4 ,men who liv remote from society1 surrounded only by slaves1 acquire manners singular and often disagreeably imperious1 ruf and clownish4 ,urbanity iz acquired only in societies of wel bred peeple4 ,they cannot hav the benefit of skools and churches1 without which the body of a peeple cannot be wel informed1 and wil not acquire social and virtuous habits4 ,this manner of settlement therefore1 tho it may be necessary and beneficial to individuals1 may be considered az highly inauspicious in a yung country1 whoze constitutions of guvernment are founded on the principle of equality1 and cannot flurish without mildness of manners and a general diffusion of knowlege4 ,in the agricultural improovments of the united states1 there iz a remarkable difference1 which must hav proceeded principally from the slavery of the suthern4 ,in ,virginia and ,maryland1 ,i should question whether a tenth of the land iz yet cultivated4 ,in ,new ,england1 more than half the whole iz cultivated1 and in ,connecticut1 scarcely a tenth remains in a wild state4 ,yet ,virginia haz been settled longer than ,new ,england4 ,i once heerd the ,prezident remark1 that from the northern to the suthern states1 the agricultural improovments are in an inverse proportion to the number of slaves4 ,this remark1 like the actions of that illustrious karacter1 dezerves to be engraven on monuments of marble4 ,slaves hav no motiv to labor2 at leest1 none but what iz common to horses and cattle4 ,they want the only stimulus that unites industry with economy1 viz4 the prospect of a permanent advantage from their labor4 ,it haz been obzerved in ,europe1 that land rented on long leeses1 iz better cultivated1 than that which iz farmed on short leeses4 ,a man who holds lands in fee1 will uze them to the best advantage1 for he expects hiz children wil enjoy the benefit4 ,a man who haz lands on very long leeses1 haz neerly the same motivs to improov them4 ,tenants for life wil make the most of lands for themselves2 but wil probably leev them in the most impoverished condition4 ,lessees for a yeer hav few motivs to keep a farm in good repair2 and slaves are the worst cultivaters on erth1 az they hav the leest interest in the fruits of their labor4 ,one yeman1 who iz master of himself and hiz labors1 and eets substantial food1 wil perform the work of four slaves4 ,this iz not the whole evil4 ,slaves not only produce less than freemen1 but they waste more2 every slave1 az ,dr4 ,franklin haz remarked in hiz ,miscellaneous wurks1 being1 from the nature of situation1 a theef4 ,in addition to this1 wherever slavery exists1 a great proportion of inhabitants are rendered indolent1 and indolence iz followed by vices and dissipation4 ,suppoze twenty thousand men to do no productiv business2 what an immense difference wil this make in the cultivation of a state and in the annual income4 ,in ,new ,england every man does some kind of business3 ,in the suthern states1 the proprietors of large plantations do little or no business4 ,the reezon why the planters make such a profit on the labor of their slaves iz1 that the subsistence of negroes iz not very expensiv4 ,the northern yemanry not only require more clothing than the suthern1 but they liv on expensiv food and drinks4 ,every man1 even the poorest1 makes use of tee1 sugar1 spirits1 and a multitude of articles1 which are not consumed by the laborers of any other country4#afd #afd ,the consumption of beef in ,new ,england iz the reezon why the exports of that article do not exceed thoze of ,ireland4 ,most of the laboring peeple in ,new ,england eet meet twice a day1 and az much az their appetites demand4 ,suppose eech person to eet but six ounces a day on an average1 which iz a low estimate1 and the inhabitants of ,new ,england consume more than one hundred million pounds of meet1 in a yeer4 ,i do not know what proportion of this iz beef1 but the greatest part iz beef and pork1 worth two pence1 and two pence half penny a pound4 ,by the best accounts from ,ireland1 it iz probable the inhabitants do not consume a twentieth part of the meet1 consumed in the northern states1 in proportion to their numbers4 ,but suppoze they consume a tenth2 let the ,new ,england peeple reduce the consumption of meet in the same proportion1 and they would save ninety millions for exportation4 ,this at two pence a pound makes the sum of two million five hundred thousand dollars1 which iz a very handsome commercial income4 ,let the reduction proceed to all kinds of food and clothing2 let our common peeple liv like the poor of ,ireland in all respects1 and they would save twice the sum4 ,i would not recommend this to my countrymen2 ,i wish them to enjoy good eeting and drinking4 ,but ,i make theze estimates to show them that they never wil hav much money2 for they eet and drink all they ern4 ,but however cheep may be the subsistence of slaves1 while every thing iz left to a mercenary unprincipled overseer and to lazy negroes1 a state wil never be wel cultivated4 ,in autumn1 #aghe1 a gentleman in ,richmond informed me he had just carried some manure upon a field to make an experiment for the first time4 ,this fact wil hardly be beleeved in the northern states4 ,in travelling thro ,virginia1 from ,alexandria to ,williamsburg1 and also to ,petersburg1 ,i saw not one mill dam1 except what consisted of mere sand1 thrown across a streem4 ,the idea of constructing dams of timber and planks1 laid so az to make an angle of forty five or fifty degrees with the horizon1 that it might gain strength and stability in proportion to the pressure of the incumbent water1 seemed not1 at that time1 to hav prevailed in ,virginia4 ,in a variety of particulars1 the slow progress of invention in the suthern states1 waz equally remarkable4 ,slavery iz an evil of the worst kind2 this iz generally acknowledged4 ,but what remedy can be applied8 ,to liberate the slaves at once would be madness2 it would ruin both masters and slaves4 ,to liberate them gradually1 and suffer the freed men to liv with the whites1 might giv rise to discord and tumults4 ,colonization1 by a gradual exportation1 iz an expedient that would be safe and effectual1 but cannot be put in execution4 ,the probability iz1 that1 in the lapse of time1 the blacks wil all be blended with the whites2 the mixed race wil acquire freedom1 and be the predominant part of the inhabitants4 ,this event haz taken place in ,spanish ,america1 between the nativs and ,spaniards2 and1 to a great degree1 in some of the ,west ,india islands4 ,the same event iz rapidly taking place in the suthern states4 ,a propozition waz once made in the house of delegates1 in ,virginia1 for granting the rights of freemen to the free blacks2 it waz not carried2 but ,i do not see how any state can deny theze rights to blacks that hav the legal qualifications of property and residence4 ,this privilege once granted1 would facilitate the intercourse between the whites and blacks1 and hasten the abolition of slavery4 ,in the climate of the united states1 there are several particulars that dezerv notice4 ,in the first place1 every circumstance in the local position of ,atlantic ,america1 concurs to render the wether variable4 ,theze states extend thro fifteen degrees of latitude1 in the temperate zone2 consequently must always experience the extremes of winter and summer4 ,every part of this territory experiences sudden changes of wether2 but the most numerous and violent changes1 are between the #cfth and #dc;d degrees of latitude1 on the ,atlantic coast4 ,within this district1 the most frequent variations seem to be in ,pensylvania and ,maryland4 ,four months in the winter season1 the wether in ,pensylvania1 ,maryland and ,virginia1 resembles the ,march wether in ,new ,england2 almost every week exhibiting the varieties of cold1 heet1 frost1 snow and rain4 ,for two months in the spring1 and one in autumn1 ,new ,england iz expozed to eesterly winds and rain2 except in theze months1 the changes of wether1 tho sometimes sudden and violent1 are not very frequent4 ,the eesterly winds1 which uzually bring rain1 ceese about the #bjth of ,may4 ,the variations of wether in the united states1 arizing from the latitude of their situation1 are multiplied by their position on the ocean4 ,water in an ocean iz of a very uniform temperature2 whereas land iz eezily heeted and cooled4 ,this circumstance creates an incessant contest between heet and cold1 on an extensiv see coast2 and of course an everlasting variableness of winds4 ,this iz true in all countries4 ,according to this theory1 ,atlantic ,america must always hav a variable climate4 ,the south eest winds from the ocean1 falling upon the continent at right angles with the shore1 invariably produce rain2 the opposit1 or north west winds1 proceeding from the high lands in the back country1 invariably produce cold cleer wether4 ,north eest winds1 running parallel with the shore1 produce storms of snow in winter1 and long cold storms of rain in spring and autum4 ,our most violent gales blow from the north eest4 ,a south westerly wind sometimes brings rain1 and when it first blows in winter1 iz chilly2 but it soon moderates cold wether1 and in summer it iz the gentle zepher of the poets4 ,in speeking of winds1 it iz necessary to correct a vulgar error4 ,it iz commonly said1 that north west winds contract their coldness from the vast lakes in the north west regions of the united states4 ,this iz an unphilosophical opinion1 for water always moderates the temperature of the air2 and it iz a wel known fact that the large lakes do not freeze at all2 so that if we were to feel the wind immediately after passing over them1 we should find it always temperate4 ,the truth iz1 our westerly winds come from high mountains and high regions of the atmosphere1 which are always cool4 ,the top of the blu ridge1 or first range of mountains in ,virginia1 iz about four thousand feet abuv its base4 ,the top of the ,allegany or middle ridge1 which iz the height of land between the ,atlantic and the ,missisippi1 tho not so far from its base1 must be much higher in the atmosphere4 ,how far the base of the blu ridge iz abuv the surface of the ocean1 haz not been ascertained2 but suppoze it five thousand feet1 and the top of the ,allegany1 two thousand feet abuv the blu ridge1 and the greatest elevation of land iz eleven thousand feet abuv the waters of the ,atlantic4 ,the air on the tops of theze mountains iz never heeted to the degree it iz in the low countries4 ,the cold regions of the atmosphere are much neerer to such hights1 than to a vast extended plain4 ,thus the tops of mountains are often cuvered with snow1 when the land at the feet of them1 iz fit for plowing4 ,from the regions of air abuv theze mountains1 proceed the serene cold winds which sweep the ,atlantic states1 purifying the atmosphere and bracing the bodies of animals4 ,i would just remark here1 that the climate of the trans-alleganean country1 wil never be expozed to the frequent changes of air and violent tempests which harrass the inhabitants of the ,atlantic shore4 ,the force and disagreeable effects of eesterly winds from the ocean1 are broken by the mountains2 and the northerly winds wil be tempered by passing over the lakes2 while the sutherly winds wil be az refreshing in summer az on this eestern coast4 ,theze remarks are now verified by facts2 altho by being cleered from forests1 the country wil become more expozed to variations of wind4 ,in the second place1 it iz obzervable that the climate of ,america grows more variable1 in proportion to the cultivation of the land4 ,every person obzerves this effect of cleering the lands in the eestern and middle states4 ,the heet in summer1 and the cold in winter1 are not so steddy az formerly1 being interrupted by cool rains in summer1 and moderate wether in winter4 ,our springs and autums are longer1 the former extending into summer1 and the latter into winter4 ,the cause of this change iz obvious3 ,by levelling the forests1 we lay open the erth to the sun1 and it becumes more impressible with heet and cold4 ,this circumstance must multiply changes of wether4 ,the cultivation necessary to produce this effect1 haz proceeded about one hundred miles from the ,atlantic1 or perhaps a little farther4 ,but in ,vermont and other back settlements1 the wether iz yet steddy2 there being few violent storms1 especially in winter4 ,the snow falls gently1 and lies til spring2 whereas neer the ,atlantic1 moderate wether for three or four days1 or a warm rain1 often sweeps away the snow in ,january or ,february4 ,but altho the wether iz growing more variable from the cleering of lands1 yet the salutary effects of cultivation are vizible in the increesing salubrity of the climate4 ,the agu and fever iz a disorder that infests most new settlements4 ,cultivation wil totally remoov the causes of this disorder1 from every tract of country1 which iz capable of being drained4 ,forty yeers ago1 this diseese prevailed in the state of ,connecticut1 in the same manner it now does in ,maryland4 ,but for twenty or thirty yeers past1 it haz hardly been heerd of in the state4 ,there are a few places expozed to the effluvia of marshy grounds1 where the disorder stil infests the inhabitants4 ,some parts of the suthern states can never be drained2 the land iz so low that the freshes in the rivers1 or the tides1 are almost constantly cuvering it with water4 ,vegetable putrefaction may be considered az furnishing the miasmata in any country2 and the greatest quantities of putrid effluvia are exhaled from lands constantly expozed to a flux and reflux of water4 ,but all countries1 except the very mountanous1 when first cleered1 are infested with intermittants4 ,peeple on the fronteers of ,new ,york and ,vermont1 are trubbled with it1 especially in low flat tracts of land4 ,the surface of a wilderness iz cuvered with leevs and rotten wood2 at the same time1 it iz moist1 the rays of the sun being excluded by the trees4 ,therefore when peeple first settle in a wilderness1 they are not immediately attacked with intermittents4 ,they must lay open the surface of the erth to the action of heet and wind2 the noxious effluvia then begin to rize1 and wil infect the air1 til the whole surface of the erth iz dry and sweetened by the heet of the sun4 ,the amazing difference in the state of a cultivated and uncultivated surface of erth1 iz demonstrated by the number of small streems of water1 which are dried up by cleering away forests4 ,the quantity of water1 falling upon the surface1 may be the same2 but when land iz cuvered with trees and leevs1 it retains the water2 when it iz cleered1 the water runs off suddenly into the large streems4 ,it iz for this reezon that freshes in rivers hav becume larger1 more frequent1 sudden and destructiv1 than they were formerly4 ,this fact should be attended to by the settlers in a new country1 that they may gard against sudden and extraordinary freshes in the erection of mills and bridges4 ,it iz vulgarly suppozed that the wether in summer iz hotter in the suthern states than in the northern4 ,this opinion iz not accurate4 ,the truth iz1 at particular times1 the northern states experience a greater degree of heet than iz ever known in the suthern4 ,in the summer munths1 the mercury in ,farenheit often rizes1 in the middle of the day1 much higher at ,boston1 than at ,charleston1 in ,south ,carolina4 ,thus in ,july1 #aghi1 the mercury roze to #ij or upwards no less than six days1 and once to #ic1 in the vicinity of ,boston2 whereas at ,charleston1 it roze but once to #hh during the same munth1 and but four days to #hg4 ,besides the meteorological obzervations ,i hav1 were made at ,boston1 at one o'clock1 ,p4 ,m4 and in ,charleston1 at two o'clock1 when the heet iz usually the greatest4 ,in ,august1 the same yeer1 the mercury roze at ,boston#afe four days to #ij1 and once to #ie2 but in ,charleston1 it roze but once to #hi4 ,the remark then ought not to be1 that the heet at the suthward iz greater2 but that it continus longer2 that iz1 the aggregate quantity of heet in the suthern latitudes1 exceeds that in the northern4 ,i hav taken some pains to ascertain the difference1 and omitting decimals1 here giv the result of my enquiries4 #afe ,i say ,boston1 but ,i beleev the observations to be made at ,cambridge4 ,the meen degree of heet for the whole munth of ,july1 #aghi1 in ,charleston1 ,south ,carolina1 by ,farenheit's thermometer1 waz az follows3 ,at #f o'clock1 ,a4 ,m4 #gd ,at #b o'clock1 ,p4 ,m4 #hc ,total meen of the ,at #aj o'clock1 ,p4 ,m4 #gg month #gh4 ,for ,,august1 #aghi4 ,at #f o'clock1 ,a4 ,m4 #ge ,at #b o'clock1 ,p4 ,m4 #hc ,total meen #gg neerly4 ,at #aj o'clock1 ,p4 ,m4 #gb ,the meen degree of heet1 at ,spring-,mill1 a few miles from ,philadelphia1 for ,july1 waz #gd4 ,the meen degree of heet1 at ,boston1 for ,july1 waz ,at #g o'clock1 ,a4 ,m4 #fg ,at #a o'clock1 ,p4 ,m4 #hj ,total meen #ga neerly4 ,at #i o'clock1 ,p4 ,m4 #fg ,for ,,august4 ,at #g o'clock1 ,a4 ,m4 #fb ,at #a o'clock1 ,p4 ,m4 #gg ,total meen #fh neerly4 ,at #i o'clock1 ,p4 ,m4 #ff ,theze facts1 tho they cannot be the foundation of exact calculations1 because the observations were not made at the same hour of the day1 and perhaps the thermometers were not exactly alike or in the same situation az to heet1 the facts ,i say may stil establish the following conclusion3 ,that tho the middle of the days in summer may be az warm and even warmer in ,new ,england1 than in ,carolina1 yet the nights are much cooler4 ,in ,july1 the meen temperature at ,boston1 at seven o'clock in the morning1 waz seven degrees less than at ,charleston at six o'clock4 ,at one o'clock1 ,p4 ,m4 the meen heet at ,boston waz within three degrees of the heet in ,charleston at two o'clock4 ,at ten o'clock at night1 the meen heet at ,charleston1 waz ten degrees abuv that at ,boston at nine o'clock4 ,the meen temperature for the whole month in ,charleston1 exceeded that in ,boston1 seven degrees4 ,similar remarks may be made of the munth of ,august4 ,meen heet at ,charleston1 for ,january1 #aghi4 ,at #g o'clock1 ,a4 ,m4 #ej ,at #b ,p4 ,m4 #ee ,total meen #eb-a_/c4 ,at #aj ,p4 ,m4 #eb ,at ,boston1 for the same munth4 ,at #g o'clock1 ,a4 ,m4 #ba ,at #a ,p4 ,m4 #bi ,total meen #be neerly4 ,at #i ,p4 ,m4 #bd ,meen heet at ,philadelphia1 for ,january1 #aghi1 #cj4 ,here we may remark1 that altho the meen heet of ,new ,england1 in the summer munths1 approaches within seven1 eight1 or nine degrees of that in ,charleston1 yet in winter1 it iz less than half the heet at ,charleston2 the meen degree in ,boston being twenty five1 and in ,charleston1 fifty two4 ,the meen temperature in ,charleston1 for ,march1 #aghi1 waz about sixty one2 and in ,boston1 for the same munth1 a little less than thirty five1 which iz more than half4 ,in ,pensylvania1 the same munth1 the meen waz forty4 ,so far az ,i am able to calculate on obzervations in my possession1 ,i find the aggregate quantity of heet in ,south ,carolina1 for a whole yeer1 iz to that in ,new ,england1 az twenty to eleven2 yet there are several days almost every yeer1 when the mercury in ,new ,england rizes higher at noon than it ever does in ,carolina at any time4 ,this may be ascribed to the superior length of the days in the northern latitudes4 ,the heet of the suthern latitude iz suppozed to produce fevers and other fatal disorders which prevail in the ,carolinas and ,georgia4 ,but heet iz not very often pernicious1 unless when operating upon a low1 wet1 marshy surface of earth4 ,all hilly countries are helthy2 and the air of the mountanous parts of ,carolina1 two or three hundred miles from the see1 iz in general salubrious4 ,but the marsh-effluvia iz not the only cause of diseese2 bad water iz a cause that should be mentioned1 and this abounds in a flat country2 whereas the water on hills and mountains iz generally pure4 ,in a great number of towns to the suthward of the ,delaware1 and in some to the northward1 the want of good water iz a capital inconvenience4 ,on the whole1 the climate of ,america iz az salubrious1 az that of any country in the same state of cultivation4 ,the ,european naturalists1 with more spleen than knowlege1 hav condemned the climate of ,america1 az unfavorable to animal growth and perfection2 but if their ideas are founded on facts1 the facts must be taken from the naborhood of an ,indigo plantation4 ,america1 like all new countries1 haz been expozed to certain annual epidemic disorders2 but wherever the surface of the erth haz been1 for a few yeers1 cultivated1 theze disorders hav ceesed to rage4 ,i am confident that ,connecticut1 the most cultivated state in the union1 iz now az helthy az the south of ,france4 ,i am confident that the inhabitants enjoy az general helth1 and liv az long4 ,az to size1 no part of the world can boast of larger and more robust men than the northern states4 ,if ,i mistake not1 the ,english estimate the meen hight of their men to be five feet1 seven inches2 but ,i am confident the average hight of the men in ,new ,england1 iz not less than five feet nine1 or ten inches4 ,i could wish to ascertain the difference in the weight of the atmosphere at ,boston and ,charleston2 but hav no obzervations on the barometer from the latter place4 ,the difference between the weight at ,boston and ,philadelphia1 upon an average of thirty days1 appeers to be very trifling1 altho at any given day or hour1 it may be considerable4 ,there are some curious facts respecting the coast of ,north ,america1 which dezerve notis4 ,the ,missisippi iz a river of great length1 running from the high northern latitudes1 in neerly a south direction4 ,it iz deep and rapid4 ,it resembles the ,nile in ,africa1 particularly in making land where it iz discharged into the ocean4 ,by the most accurate obzervations of ,mr4 ,huchins and others1 the distance from the ,balize to ,new ,orleans1 iz something more than two hundred miles1 the whole of which iz land formed by the discharge of the river4 ,the ,nile1 in the time of ,herodotus1 had formed considerable ilands1 which were then inhabited4 ,theze ilands stil exist1 between the several channels by which that river iz discharged4 ,it iz probable1 that by an accurate calculation of the desent of the waters of the ,missisippi1 in certain places1 taking into account the most rapid and most moderate flow1 and ascertaining the distance of the mouth from the most northerly sources1 we might find1 to a tolerable degree of accuracy1 the elevation of the land at the sources of that river1 abuv the level of the ocean4 ,perhaps it wil be found that the mountains and lands at the north west1 are much higher in ,america than in the north of ,europe4 ,iz not this probable from the hight of the ,allegany1 and the rapidity of the river ,missisippi8 ,and would not the fact1 if prooved1 in conjunction with other causes1 which are wel known1 fully account for the superior degree of cold in ,america under the same parallels8 ,it iz wel known that there are no considerable mountains to the north eest of ,great ,britain1 thro ,denmark1 ,sweden and ,russia4 ,on the ,atlantic shore of ,america1 the ,gulf ,streem iz a curious phenomenon4 ,it iz however wel accounted for1 on the suppozition that the trade winds drive the waters of the ocean westward into the spacious gulf of ,mexico1 where meeting the continent1 they are forced between the ,bahama ilans and the coast of ,florida1 and take their direction along the shore of the united states4 ,such an immense body of waters1 flowing at the rate of three miles an hour1 must produce innumerable currents neer the shore2 for every point of land wil occasion an eddy1 which wil be in proportion to the extent of the point or cape from main coast4 ,hence the variety of currents1 in all directions1 between the streem and the ,american coast1 which are obzerved by our seemen4 ,theze currents and eddies1 at the same time produce and add to1 the points of land shooting into the ocean4 ,the cape of ,florida iz probably produced between a vast eddy of waters in the ,mexican gulf1 and the streem which flows between the shore and ,bahamas4 ,for theory indicates that the principal body of water1 carried along the ,spanish main1 or between that and the ,west ,india ilans1 must be forced to bend its course on the ,mexican shore1 and by the coast of ,west ,florida1 be thrown into a circular motion1 so az to form a vast eddy to the suthward and westward of ,eest ,florida4 ,where this iz met by the streem1 a point of land must necessarily be formed4 ,it iz not improbable that ,cape ,roman1 ,cape ,fear1 ,cape ,hatteras1 and ,cape ,cod1 may be formed by similar currents1 within the main ,gulf ,streem4 ,a considerable extent of land on the coast of ,carolina and ,georgia1 appeers to be made by the washing down of sand from the high country1 and the washing up of sand by the ,atlantic1 whoze surges almost incessantly beet the shore4 ,but this alone wil not account for the extension of points of sand1 ten1 fifteen or twenty leegs into the ocean4 ,it iz a fact that capes and promontories are more frequently harrassed with tempests1 lightning and thunder1 than other parts of the shore or continent4 ,this haz been remarked of ,new ,york and ,cape ,hatteras4 ,can a philosophical reezon be assigned for this phenomenon8 ,perhaps there may be some attractiv power in land thus situated2 and perhaps tempests are generated by the agitation of the air1 produced by a flux and reflux of water1 or a variety of opposit currents4 ,a storm hangs over ,cape ,hatteras1 every day1 for a considerable part of the yeer4 ,i hav been witness to the fact1 for a number of days in succession4 ,this circumstance increeses the terror of navigating that coast2 otherwize so formidable to seemen for shoals and breakers4#aff #aff ,i once passed the cape at five or six leegs from the breakers1 and found but seven fathoms of water4 ,in examining the harbors of ,north ,america1 we find most of them prezent a channel or entrance neerly at right angles with the shore4 ,the entrance into most of them iz between the points of west and north4 ,the entrance into ,newport1 iz the safest in ,america1 and this iz almost the only harbor in the united states which can be made with a northwesterly wind4 ,this circumstance iz highly favorable to ships coming upon the coast in winter4 ,this harbor iz capacious enough to admit all the navees in ,europe1 and1 if defensible1 may be the proper ,portsmouth of ,america4 ,no4 ,,xxviii4 ,the following iz part of an ,essay on the ,dets of the ,united ,states1 written in #aghg1 but never before published4 ,the question haz been ably discussed in ,congress1 and the proposition for a discrimination between original and purchasing holders of certificates1 which ,i had started1 without the prospect of support1 haz been maintained by very powerful arguments in our federal legislature4 ,az the question now appeers to my mind1 ,i should vote against the proposition1 yet merely on the ground that from the manner in which the certificates were issued1 it iz impossible to discriminate1 without multiplying the instances of hardship and injustice4 ,but ,i hav no more dout1 that legislatures hav a right to interfere1 in certain extreme cases1 and suspend or counteract the operation of legal principles1 than ,i hav of any reveeled truth or intuitiv proposition2 and were it possible to ascertain the original holders of certificates1 ,i conceev our legislators could not hav neglected a provision for their losses1 without violating their oaths1 the constitution and public faith4 ,the following extract iz published1 because ,i am desirous my opinion on this subject should be known and recorded4 ,,hartford1 ,,march1 #agij4 ,on a ,,discrimination between the ,,original ,,holders and the ,,purchasers of the ,,certificates of the ,,united ,,states4 ,,objection #a4 ,it iz said that public faith requires the payment of the certificates1 according to contract2 that iz1 to the bearers4 ,let me ask the men who contend for promise1 what they meen by public faith8 ,did the public ever promise to do rong8 ,the money waz du to men who erned it2 the money waz not paid4 ,the full valu expressed on the certificates waz du1 and the certificates were worth but a fourth1 or perhaps an eighth part of that valu4 ,the public promised the creditors their full demands2 but theze promises1 at the time of issuing the certificates1 were actually worth but a small part of that demand4 ,ought the creditors to be dismissed with this part of their money1 and then compelled to pay the full valu of the certificates to their nabors1 who purchased them at their current price8 ,if this iz right1 my ideas of justice are rong4 ,public faith iz suppozed to be founded on justice4 ,the public engaged to do justice to its creditors2 but this justice haz not been done2 and it appeers to me az plain az the shining of the sun1 that if the certificates should be paid to the bearers1 justice wil not be done4 ,the creditors at the time of contract1 expected to receev gold and silver1 or something equivalent2 they hav receeved neether the one nor the other4 ,they receeved articles which were worth but a fourth part of their demands2 for the remainder of their money1 the public iz stil their detor4 ,public faith therefore requires1 that the full valu of the alienated certificates should not be paid to the bearer4 ,it appeers to me that the principles of equity1 rather than of law1 should decide this important question4 ,it iz the design of the contract1 not the words1 which should be pursued2 for it must be remembered1 that the design of the public haz been counteracted4 ,the intention of the public1 expressed on the certificates1 haz been defeated by the public exigences2 and to pursue the words of the engagement1 wil now produce an effect which waz not designed1 viz4 extensiv injustice4 ,in this situation the public haz an undouted right to call in the evidences of the det1 and form a system that shall be effectual in the distribution of justice4 ,if the public suppoze that any arrangement for this purpoze can be made1 they certainly hav a right to attempt it2 for the object of the attempt would be public justice4 ,the sticklers for paying the det to the present holders1 hav the same object in view1 national faith2 but their ideas of this faith1 seem to be derived from the practice of other nations1 the situation of whoze dets bears very little analogy to that of ours4 ,they therefore advance an argument against their own cauze2 for the faith of the public iz prezerved by fulfilling the intention1 rather than the words1 of the contract4 ,every dollar of old continental currency1 promises a ,spanish milled dollar4 ,this promise waz founded on the supposition that the valu would be neerly the same1 or waz designed to prezerve the valu4 ,but the depreciation of that currency1 by the enormous sums in circulation1 rendered the fulfilment of the promise impracticable2 and had it been attempted1 it would hav thrown the united states into confusion4 ,the redemption of the bills1 at their nominal valu1 would hav done justice to a few1 whoze money had depreciated in their hands1 but would hav ruined fifty times the number4 ,thoze who lost their property by continental bills1 ought to be indemnified1 if the persons and sums lost could be ascertained2 but this iz impossible4 ,the case of the certificates iz different4 ,theze are promissory notes1 expressing the sums du1 and the persons names to whom they were given4 ,if in some instances the purchasers hav returned alienated certificates to the office1 and taken out new ones in their own names1 stil the public books may remedy this inconvenience4 #b4 ,but it iz said the creditors of the public parted with their certificates voluntarily4 ,it waz at their own option1 whether to keep them or not2 and if they choze to alienate them at a discount1 the public iz not responsible for the loss4 ,a owes ,b #ajjl4 he cannot make immediate payment1 but haz property to secure ,b1 who takes a promissory note4 ,b wants the money1 and rather than wait for ,a's ability to pay it1 he assigns the note to ,c for #ejl4 ,in this case1 ,a cannot refuse to pay the full sum of #ajjl4 because ,c gave but fifty for the note4 ,this reezoning iz applied to the case of the public det2 and yet a skool boy ought to be ashamed of the application4 ,the case iz not parrallel1 and the reezoning iz defectiv and inapplicable in every particular4 ,in the first case1 it iz not tru that the alienation of the certificates waz a voluntary act2 but in most cases1 waz an act of necessity4 ,most of the original creditors were ether rich men who loaned money1 or poor men who did personal service4 ,in many instances1 thoze who loaned money1 loaned all their estates2 and when they found no provizion made for paying the interest1 or when the interest waz paid in paper of less valu than specie1 they were left destitute of the meens of subsistence4 ,some of theze hav been obliged to part with their certificates at a great loss4 ,but a large number of creditors were poor peeple1 who had little or no property1 but their certificates1 who had performed service1 and were under a necessity of negociating them on az good terms az they could4 ,most of the alienations hav therefore been a necessary consequence of public delinquency4 ,many of the creditors hav experienced a degree of distress1 which1 in a court of chancery1 would entitle them to a consideration and redress4 ,when a number of losses iz so great az to effect the public1 the legislature then becumes a court of equity1 where the sufferers must seek reparation4 ,the legal principle must be suspended1 and special provision made for this particular case4 ,thoze creditors who were able to keep their certificates1 hav generally done it1 and on every principle are entitled to the full nominal valu4 ,in the second place1 the case of an individual assignee of a bond wil not apply2 for ,b1 in the suppozition1 takes the bond voluntarily4 ,a1 the dettor1 haz property1 and it iz optional with ,b1 whether to bring a suit for the money1 recover a judgement1 and take ,a's property1 or take a bond on interest4 ,this iz generally the case with individuals1 but not with the public creditors4 ,theze hav no alternativ2 they must take promises1 which the subject cannot compel the public to fulfil1 when the money iz wanted4 ,in another particular1 the two cases are widely different4 ,a1 ,b1 and ,c1 are three distinct persons4 ,a iz the dettor1 and it iz indifferent whether he pays the det to ,b or ,c4 ,but when ,b haz sold the note for half the valu1 he cannot be called upon for the money1 nor for any part of it4 ,in the other case1 the creditors and the public are1 in some mezure1 the same person4 ,the same persons who looze their property by public delinquency1 are afterwards taxed to pay their proportion to the purchasers4 ,but ,i wil for a moment suppoze the two cases exactly similar2 for ,i am willing to giv my antagonists the fairest field of argument2 and what conclusion can be drawn in favor of paying the certificates to the bearers8 ,can that reezoning be just which draws general consequences from particular propozitions8 ,such bad logic ought not to impeech a man's heart2 but it can do very little honor to hiz head4 ,do men1 who reezon in this manner1 consider that a principle with respect to individuals1 may be perfectly just1 and yet pursued to a certain degree1 it may become entirely false8 ,that the same principle which may be good in a certain degree1 may1 in the extreme becume criminal1 iz tru not only in politics1 but in the natural and moral systems4 ,heet and water1 prouduce vegetables2 but too large portions of either1 destroy plants4 ,every passion1 natural to man1 iz good in itself1 and the wurk of a perfectly wise being2 but any passion indulged to a certain degree1 becumes criminal and destructiv to social happiness4 ,self-love1 the spring of all action1 and in the tru sense of the word1 the most necessary principle in creation1 when it becumes excessiv1 iz az criminal and pernicious1 az the most malignant passion4 ,eeting and sleeping are essential to helth2 but beyond a certain degree1 they are hurtful1 and may be fatal to the human body4 ,in politices1 the greatest possible good iz the end of guvernment4 ,any principle1 which may be tru1 in particular instances1 but which1 when extended to the public1 does not produce the greatest good to society1 iz certainly false in legislation4 ,a law which may be good and necessary in a community1 may stil bear hard upon individuals4 ,this iz generally tru of all laws4 ,if a man takes a note of another1 and sells it for half its valu1 he haz no remedy in law1 nor ought the law to make provision for hiz case2 for laws are1 in their nature and use1 general2 they do not desend to particular cases4 ,the reezon iz obvious4 ,were laws to notice every inconvenience1 which may flow from their operation1 they would produce confusion rather than order1 and occasion greater injuries to the public1 than would result from the losses of individuals4 ,but when such particular losses becume general1 the principle loozes its force4 ,sufferings1 multiplied to a certain number1 becume public1 and then require the interference of the legislature4 ,if a man iz in det1 and cannot pay1 he iz at the disposal of the law2 the law cannot be suspended nor relaxed for hiz particular benefit4 ,but when the body of a peeple becume involved1 the public safety requires a suspension or relaxation of law4 ,if an individual settles upon land of another man1 he iz considered az a trespasser1 and iz liable to an ejectment4 ,but let thirty thousand men settle thus upon land that iz not their own1 and a wize legislature wil confirm them in their possessions4 ,necessity or general good1 in such cases1 suspends the operation of legal right1 or rather changes private rongs into public right4 ,or to express the idea differently2 when evils are increesed and extended to a certain degree1 it iz better to let them remain1 than to risk the application of a violent remedy4 ,instances of this kind occur so frequently1 that it iz needless to multiply examples4 ,nothing betrays greater weekness1 than the reezoning of peeple1 who say1 if a principle iz just1 it extends to all cases4 ,i should however be very unhappy to hav such men for my legislators4 ,it may be asked1 where iz the line of distinction8 ,i answer1 it may be impossible to determin4 ,where the right ends1 and the rong begins2 where the legal principle should ceese to operate1 and special legislativ interference becumes necessary1 it may be difficult to discuver2 but the extreme iz always obvious4 ,whenever the operation of a receeved maxim or principle givs general uneasiness1 it iz a demonstrativ proof that it iz rong3 that it produces public evil2 and a wize legislator wil restrain the operation1 or establish a different principle3 ,on the suppozition therefore that the present holders of the public det1 are precisely in the situation of the assignees of bonds1 stil the principle wil not apply nor warrant the same conclusion in both cases2 becauze we cannot reezon from particulars to generals1 especially on political subjects4 ,suppoze the original creditors to be five1 and the present holders two2 more than half the number of creditors hav lost the money which waz due to them2 the loss affects them in the first instance1 and the hevy taxes which are necessary to appreciate the certificates in other hands1 double their injuries and complaints4 ,theze loozing creditors hav an idea that they are really cheeted1 and their murmurs foment that popular jealousy which iz ever bizzy to check large and sudden revolutions of property4 ,the certificates fall into the hands of rich men1 at a great discount1 and the body of the peeple say1 we wil not suffer our own losses to enrich our welthy nabors4 ,this outcry1 it iz said1 proceeds from a levelling principle1 which aims to destroy all distinction of rank and property4 ,but in the present case1 the popular complaints proceed from equitable principles2 nor do ,i know of any instance of public jelousy1 excited by an acquizition of property in the course of honest industry4 ,fortunes may be suddenly raized in private business1 by commercial speculations1 and no notice taken of the event2 but when public delinquency haz thrown numberless advantages into the hands of a particular class of men1 which the peeple know are made at their own expense1 it iz impossible that they should behold such a change of property1 without questioning the propriety of it1 and the justness of the principle by which it iz defended4 ,when the common sense of mankind iz oppozed to such a change1 it ought to be considered az a good proof that it iz not just4 ,whatever conclusions therefore may be drawn from a principle1 established in courts of law1 or among nations in different circumstances1 the public sense of justice must1 after all1 decide the question4 ,a lawyer may wurk himself up to convictions1 in wire-drawing principles2 but hiz reezoning iz oppozed to the sense of mankind4 ,peeple may not be able to discuver the fallacy of the reezoning1 but they can feel it4 ,they may be silenced1 but cannot be convinced4 ,one grain of common sense iz worth a thousand cobweb theories2 and however peeple may be abuzed for refining upon justice1 we rarely find them generally dispozed to do rong4 ,the domestic det of ,america furnishes a new era in the history of finance4 ,we hav no examples to follow2 we must pursu some practicable system1 with our eyes invariably fixed on public justice4 ,i know it iz said that the original creditors can purchase certificates now1 at the same or a less price than they took for them4 ,but this iz not strictly tru4 ,individuals might purchase at a low rate2 but a general demand for them would raize their valu much abuv their current valu at any past period3 ,for it should be considered that hitherto the sellers hav been numerous1 and the purchasers1 few2 that iz1 a full market1 with little demand for the articles4 ,reverse the case4 ,let the sellers becume the purchasers2 the demand would at once raize the valu of the certificates neerly to the face of them4 ,but if the certificates were to pass at their present low valu1 few of thoze who hav alienated them1 could re-purchase2 for the same necessity which obliged them to sell at a loss1 now prevents their repurchasing4 ,peeple hav not grown rich since the revolution2 especially thoze who were faithful in the service of their country4 ,at any rate it iz to be wished that the certificates might ceese to circulate az objects of speculation4 ,they are a ,pandora's box to this country4 ,almost the whole activ specie of the country iz employed in speculation4 ,laws prohibiting usury1 restrain the loan of money1 while the certain profits of speculation amount to five or ten times the legal interest4 ,no money can be borrowed2 no capitals can be raized to encurage agriculture and manufactures3 ,lucrativ industry iz checked2 land iz sunk to two thirds of its real valu1 and multitudes of industrious peeple are embarrassed4 ,from such evils1 good ,lord deliver us4 ,no4 ,,xxix4 ,,hartford1 ,,january1 #agij4 ,an ,,address to ,,yung ,,gentlemen4 ,at a time of life when the passions are lively and strong1 when the reezoning powers scarcely begin to be exercised1 and the judgement iz not yet ripened by experience and obzervation1 it iz of infinit consequence that yung persons should avail themselves of the advice of their frends4 ,it iz tru that the maxims of old age are sometimes too rigorous to be relished by the yung2 but in general they are to be valued az the lessons of infallible experience1 and ought to be the guides of youth4 ,the opinions here offered to your consideration hav not the advantage of great age to giv them weight1 nor do they claim the authority of long experience3 ,but they are formed from some experience1 with much reeding and reflection2 and so far az a zeel for your welfare and respectability in future life merits your regard1 so far this address haz a claim to your notis4 ,the first thing recommended to your attention iz1 the care of your helth and the prezervation of your bodily constitution4 ,in no particular iz the neglect of parents and guardians more obvious and fatal1 than in suffering the bodies of their children to grow without care4 ,my remark applies in particular to thoze who design their children to get a living without manual labor4 ,let yung persons then attend to facts1 which are always before their eyes4 ,nature seldom fails to giv both sexes the materials of a good constitution2 that iz1 a body complete in all its parts4 ,but it depends mostly on persons themselves to manage theze materials1 so az to giv them strength and solidity4 ,the most criticcal period of life1 in this respect1 iz the age of puberty1 which iz usually between thirteen and seventeen1 or eighteen4 ,before this period1 you are very much in the power of parents or masters1 and if they wish to see you strong and robust1 they wil feed you with coarse substantial food of eezy digestion4 ,but at fourteen yeers old1 yung persons are capable of exercising their reezon1 in some degree1 and ought to be instructed in the mode of living1 best calculated to secure helth and long life4 ,it iz obzervable that yung persons of both sexes grow tall very rapidly about the age of thirteen1 fourteen1 fifteen or sixteen2 but they do not acquire muscular strength in du proportion4 ,it should then be the bizziness of yung persons to assist nature1 and strengthen the growing frame by athletic exercises4 ,thoze persons who leed a sedentary life1 should practis some amusement which requires considerable exertion of the lims2 az running1 foot ball1 quoit2 taking care not to injure themselves by too violent exertion2 for this would defeet the salutary purpose of such exercizes4 ,but the exercize ,i would most recommend1 iz fencing2 for the art itself iz highly useful at times1 and the practice tends more to render the body firm and vigorous than almost any exercize whatever4 ,it braces the muscles of the arm1 spreds the brest1 opens the chest to giv the lungs play2 an effect of great consequence to persons about the age of puberty4 ,for1 az waz before obzerved1 persons of this age1 shoot up very fast2 the body grows tall1 but narrow2 the mass of flesh and blood iz increesed much faster than the tone of the vessels and muscular strength2 the chest iz two narrow for the lungs to perform their office1 and the blood vessels hav not sufficient elasticity to produce a brisk free circulation2 the system iz often too week to carry on the necessary secretions of the juices2 and the consequence of the whole iz1 an obstructed circulation produces ulcers upon the lungs1 which bring on a decay1 or some infirmities of body1 which last for many yeers1 and not unfrequently for life4 ,to avoid theze ills1 much exercise of the arms and body iz not only useful1 but necessary2 and when it iz not the lot of yung persons to labor1 in agriculture or mekanic arts1 some laborious amusement should be constantly and daily pursued az a substitute1 and none iz preferable to fencing4 ,a fencing skool iz perhaps az necessary an institution in a college1 az a professorship of mathematics2 for yung men usually enter college about the age of puberty2 and often leev a laborious occupation1 to commence a sedentary life1 at the very time when labor or other exercize iz the most necessary to giv firmness and vigor to their constitutions4 ,in consequence of this change and an academic life1 they often run up into long1 slender1 effeminate bodies1 which a slight cold may throw into a consumption2 or by intense application to books1 add1 to a debilitated frame of body1 a week nervous system1 which keeps them always dying1 tho it may not end life til old age4 ,dancing iz an excellent amusement for yung peeple1 especially for thoze of sedentary occupations4 ,its excellence consists in exciting a cheerfulness of the mind1 highly essential to helth2 in bracing the muscles of the body1 and in producing copious perspiration4 ,az the two first effects are very visibly beneficial1 they are the subject of common obzervation2 but the last1 which iz perhaps the most generally beneficial1 iz rarely mentioned4 ,experience haz led me to the following ideas on this subject4 ,our bodies are so constituted that a large portion of the juices should be thrown off by insensible perspiration2 nor can the process be abated without danger1 nor wholly obstructed without occasioning diseese4 ,the body must perspire1 or must be out of order4 ,a violent cold iz a sudden obstruction of the process1 which throws the matter1 intended for evacuation thro the pores of the skin1 back upon the intestines1 taking the word1 not in a tecknical1 but in its original extended sense4 ,all that iz necessary to cure a cold1 which iz not attended with symptoms of inflamation1 iz to open the pores of the body2 which may be done by bracing1 az by drinking cold water1 which excites circulation by its tonic power2 or by relaxing the system1 az by the warm bath and warm teas4 ,the first wil answer1 where the body haz vigor enough to giv the tonic its full effect2 but iz not so efficacious1 nor so generally practicable az the last4 ,it iz not so eezy to force thro a wall1 az to open a gate4 ,the common house-wifely remedies1 consisting of butter or other oily substances1 mixed with spirits1 usually hav no effect upon a cold1 or a bad one4 ,flannel1 warm teas1 or simple warm water1 hav the best effect in relaxing2 but if they fail of producing a perspiration1 the patient should hav recourse to exercise4 ,dancing in a warm room1 or other violent exercise1 wil generally throw a person into a copious swet in a few minutes2 and this1 two or three times repeeted1 wil usually releev the person1 however obstinate the cold4 ,if every thing else fails1 the warm bath should be resorted to az an almost infallible remedy4 ,but there iz another species of obstructed perspiration more dangerous perhaps than sudden colds1 because less perceptible2 ,i meen1 that which proceeds from a week habit of body4 ,whenever the tone of the vessels iz lost1 the circulation of the blood becumes languid1 the animal heet iz diminished1 and the system haz not strength sufficient to throw off the perspirable matter4 ,the consequence iz1 the skin becumes dry and rigid1 and the person usually feels a dull pain in hiz hed and the back part of hiz neck4 ,wimen1 literary men1 clerks1 c4 are most expozed to theze symptoms4 ,the remedy for them iz1 free perspiration2 but the most effectual remedy iz dancing1 or other vigorous exercise1 which increeses1 at the same time1 animal heet and the tone of the vessels4 ,dancing indeed unites to theze1 the other advantage of cheerfulness and good spirits1 which iz of singular use to persons accustomed to close application to bizziness or contemplation4 ,the only caution to be obzerved iz1 not to go into the cold air1 without considerable additional clothing4 ,in cases where persons cannot hav recourse to dancing or other exercize in a warm room1 the warm bath may be uzed to great advantage4 ,at first thought1 one would imagin1 that the cold bath should be prescribed for giving tone to a week system2 but on reflection1 this would appeer to be generally1 tho not always hazardous4 ,the truth iz1 a general relaxation of the body checks perspiration2 and the first effect of cold1 in such cases1 iz to brace the exterior parts of the body1 and throw the offending matter1 lodged in the skin by the debility of the system1 back upon the lungs1 or other interior parts4 ,if the system haz strength enough1 or can receev enough by the operation of cold1 to force open the pores and produce a copious perspiration1 the cold bath wil hav an excellent effect4 ,but when the person iz of a week frame1 the experiment iz extremely dangerous4 ,the safest remedy iz the warm bath1 which remooves the obstructing matter by a gentle relaxation of the surface2 thus enabling the vessels to recuver their tone1 in a degree1 and keep up a brisk circulation4 ,the warm bath then iz the most safe and efficacious remedy for obstructed perspiration1 occasioned by debility2 and this iz an evil to which all sedentary peeple are expozed1 and by which most of them suffer4 ,i hav been often suprized that the moderns hav so generally neglected the meens of prezerving helth1 which were uzed by the ancients4 ,a little attention to the structure of the human body1 and the effect of heet and cold upon it1 led the ancients to the obvious and almost infallable meens of garding themselves from diseeze4 ,their method waz to bathe almost daily2 and then oil their bodies4 ,by bathing1 they kept their perspiration free1 and their bodies of course1 in vigor and clenly2 and by the use of oil1 they secured the body from the fatal effects of sudden cold4 ,in the later ages of ,rome1 warm baths indeed became a luxury1 and were uzed to excess2 but this waz only an abuse of a good thing1 the excellent effects of which had been experienced for ages4 ,the neglect of the same meens1 of preventing diseese1 haz obliged the modern to hav recourse to physic1 a substitute1 more expensiv and trublesome1 and not always effectual4#afg #afg ,it iz evident1 from the silence of all ancient monuments1 that the heeling art waz not cultivated1 and scarcely known among the old ,romans4 ,for several ages from the bilding of ,rome1 there iz hardly any mention made of a physician4 ,pliny relates1 that ,rome flurished1 six hundred yeers1 without physicians2 that iz1 the profession waz not honorable1 being confined to servants or other low karacters4 ,in ,seneca's time1 many of theze had acquired estates by the bizziness2 but they were stil held in no estimation4 ,bona in arte medendi humillimisque quibus contingere videmus4 ,after the conquest of ,greece and ,asia1 the manners of the ,romans were corrupted by the luxuries of the eest2 diseeses multiplied1 and the practice of physic became more necessary and more reputable2 but the art of surgery waz not separated from that of medicin1 til the times of the emperors4 ,whether in bizziness or amusement1 let your whole conduct be guided by temperance4 ,are you students8 ,eet moderately1 and let your food be of the nutritiv kind1 but not oily1 high seesoned and indigestible4 ,drink but little1 or rather no distilled liquors2 wine and fermented liquors are much to be preferred4 ,a good cup of tee1 iz sometimes a cordial2 coffee may be uzed freely2 but the constant use of hot liquors seldom fails to debilitate the system and impair the digestiv powers4 ,whether you reed or rite1 accustom yourselves to stand at a high desk1 rather than indulge an indolent habit of sitting1 which always weekens1 and sometimes disfigures the body4 ,the neerer you can keep every part of the body to an eezy strait posture1 the more equable wil be the circulation of the fluids2 and in order to giv them the most unconstrained flow to the extremities of the lims1 it iz very useful to loosen thoze parts of dress that bind the lims closely4 ,there iz another kind of temperance which ,i would warmly recommend2 that iz1 temperance in study4 ,little does a helthy robust yuth reflect upon the delicate texture of the nervous system1 which iz immediately affected by close mental application4 ,the full fed muscular man may spurn the caution1 that warns him against the danger of hypocondriacs2 but it iz next to impossible that the hard student1 who clossets himself seven or eight hours a day1 in deep meditation1 should escape the deplorable evil1 which makes men valetudinarians for life1 without hope of a radical cure1 and with the wretched consolation of being perpetually laughed at4 ,four hours of uninterrupted study in a day iz generally sufficient to furnish the mind with az many ideas az can be retained1 methodized and applied to practice2 and it iz wel if one half of what are run over in this time are not lost4 ,it may sometimes be necessary to study or reed more hours in a day2 but it wil az often be found useful to reed less4 ,when you exercize at any diversion1 or go into company1 forget your studies1 and giv up yourselves entirely to the amusement4 ,it wil do you no good to leev your books behind1 unless you dismiss your attention or train of thinking4 ,attend to experience4 ,you find it very fateeging to stand1 sit or even to lie in one fixed posture1 for any length of time1 and change affords releef4 ,the same iz tru of the mind4 ,it iz necessary1 if ,i may indulge the expression1 to change the pozition of the mind2 that iz1 vary the train of thought2 for by a variety of ideas1 the mind iz releeved1 in the same degree az the body by a change of posture4 ,when you reed1 always endevor to reed with some particular object4 ,you wil find many books that ought to be red in course2 but in general when you take up a treetis upon any science1 or a volum of history1 without a view to inform yourself of some particular in that wurk1 you are not likely to retain what you reed4 ,the object iz too general2 the mind iz not capable of embracing the whole4 ,for instance1 if you reed ,hume's ,england in course1 with design to acquaint yourself with the whole story1 you wil find1 at the end of your labor1 that you are able to recollect only a few of the most remarkable occurrences2 the greatest part of the history haz escaped you4 ,but if you confine yourself to one point of history at a time1 for example1 the life and policy of ,alfred1 or the account of ,mary1 queen of ,scots1 and reed what every author you can lay your hand on1 haz said upon that subject1 comparing their different accounts of it1 you wil impress the history upon the mind1 so az not to be eezily effaced4 ,law students should attend to theze remarks4 ,there iz another kind of temperance of more consequence than thoze mentioned1 viz4 temperance in plezure3 ,for to all the personal evils of an excessiv indulgence of the animal appetite1 we may add innumerable evils of a moral and social nature4 ,no intercourse should take place between the sexes1 til the body haz attained to full strength and maturity4 ,in this respect1 ancient barbarous nations hav set an example1 that ought to make moderns blush for their effeminacy of manners1 and their juvenile indulgences4 ,the old ,germans accounted it shameful and disreputable for yung men to hav any intercourse with the other sex1 before the age of twenty4#afh ,to this continence were they much indetted for their muscular bodies1 their helth and longevity4 ,but such an abstinence from plezure waz not maintained by law2 the ,germans knew that positiv prohibitions would be ineffectual to restrain this indulgence2 they had recourse to the only certain method2 they made it dishonorable4 ,how different iz the case in modern times6 ,so far iz debauchery from being scandalous1 that it iz frequently the boast of men in the first offices of state2 and a karacter of licentiousness iz little or no objection in a candidate for preferment4#afi #afh ,qui diutissime impuberes permanserunt1 maximam inter suos ferunt laudem3 ,hc ali staturam1 ali vires1 nervosque confirmari putant4 ,intra annum vero xx femin notitiam habuisse1 in turpissimis habent rebus4---- ,cesar ,de ,bel4 ,gal4 lib4 #f4 #ai4 #afi ,the ancients were wiser than the moderns in many respects2 and particularly in restraining certain vices by opinion1 rather than by positiv injunctions4 ,duelling and profane swearing are prohibited by the laws of most countries2 yet penalties hav no effect in preventing the crimes1 whilst they are not followed by loss of reputation4 ,vices which do not immediately affect the lives1 honor or property of men1 which are not mala in se1 which are eezily conceeled1 or which are supported by a principle of honor or reputation1 are not restrainable by law4 ,under some of theze description fall1 duelling1 profane swearing1 gambling1 c4 ,to check such vices1 public opinion must render them infamous4j ,thoze who hav the distribution of honors and offices1 may restrain theze vices by making the commission of them an insuperable bar to preferment4 ,were the ,prezident and the executivs of the several states1 to be az particular in enquiring whether candidates for offices are given to gambling1 swearing or debaucheries2 whether they hav ever given or receeved a challenge1 or betrayed an innocent female2 az they are in enquiring whether they are men of abilities and integrity2 and would they1 with undeviating resolution1 proscribe from their favor and their company1 every man whoze karacter1 in theze particulars1 iz not unimpeechable1 they would diminish the number of vices1 exclude some wholly from society1 banish others from genteel company1 and confine their contagion to the herd of mankind4 ,but where iz the man of elevated rank1 of great talents1 of unshaken firmness1 of heroic virtue1 to begin the glorious reformation8 ,america may now furnish the man1 but where shall hiz successor be found8 j ,see ,vattels ,law of ,nations1 b4 ,i4 ch4 #ac4 ,oppozed to passion and to false pride1 caution wil perhaps be unavailing4 ,but men who wish for permanent happiness1 should be persuaded to take the meens for securing it4 ,wil you then run the risk of erly indulgence in illicit plezure8 ,some of you may escape the evils which generally follow2 but the chances are against you4 ,in nine cases of ten1 you wil destroy the vigor of your bodies1 and thus impair the ability of enjoyment by excess2 or what iz an additional evil1 you wil contract diseese4 ,what iz the consequence8 ,eether your taste for the vilest plezures wil grow into habit and make abandoned rakes of you1 averse to the innocent enjoyments of the married life1 and of course bad members of society2 or you wil perhaps marry amiable wimen1 with your strength and helth impaired1 and your minds debauched1 fickle1 prone to jelousy4 ,in this case1 you are neether secure of your partners affections1 nor wil you be likely to know the valu of their virtues4 ,having broken over the barriers of virtue1 you are forever liable to stray2 and the probability iz1 you destroy the happiness of your wives1 and the peece of your families4 ,perhaps with some art1 and the forgiving temper of your wives1 you may conceel the family discord1 and the wretched state of your minds1 from a censorious world2 pride1 reputation1 every motiv would urge you to this precaution2 but iz not this a poor substitute for happiness8 ,a poor consolation for the multiplied evils that follow1 in an endless train1 from the unreezonable and criminal indulgences of a few yeers8 ,you may be assured also that a woman of good principles cannot feel a pure satisfaction1 in the company even of a reformed husband1 when she reflects1 az she frequently wil1 that he haz wasted hiz helth and substance upon the vilest of her sex4 ,my yung frends1 it iz idle1 it iz weekness and folly to expect any kind of happiness or plezure1 which shal indemnify you for the trubble of seeking it1 except in the pursuance of the principles which morality prescribes4 ,whenever you pursu an object1 at the expense of any moral principle2 when the attainment of your end must injure the person1 the property1 the reputation or the feelings of one child of ,adam1 the acquisition of that object wil not giv you happiness2 you are pursuing a fantom4 ,this leeds me to say something on one of the most hanous crimes a man can commit1 and which the laws of society cannot or at leest do not punish2 that iz1 seduction4 ,fashion1 which iz often founded on moral propriety1 and oftener on political convenience1 iz sometimes an enemy to both2 and public opinion1 enlisted in the cauze of vice1 iz a greater scurge to society than war or pestilence4 ,it iz one of the evils1 or rather of the curses of civilization1 that certain crimes1 az malignant in their nature1 and az fatal in their consequence1 az murder and robbery1 becume fashionable1 and to a certain degree1 reputable4 ,of this kind1 iz deliberate seduction4 ,it iz az malignant in its nature az murder1 for it iz accompanied with the same aggravation1 malice pretense1 or a premeditated design3 ,it iz az fatal to society2 for reputation iz az deer az life2 and the wretched victims of deception1 if they lay violent hands on themselves1 or linger out a life of disgrace1 are equally murdered1 equally lost to society4 ,and the only reezon why the seducer and the murderer hav not been placed on a footing by the laws of society1 must be1 the difficulty of proof1 or of ascertaining the degrees of gilt1 where there iz a possibility or a presumtion of assent on the part of the woman4 ,there are however certain instances of this crime which are az capable of proof az1 arson1 burglary or murder2 and why the laws of a state1 which prohibit under severe penalties1 the taking or giving more than six per cent4 interest on the loan of money1 even on the fairest contract1 should yet permit the seducer to take another's reputation1 to doom to indelible infamy the helpless female1 whoze reputation iz all her portion1 iz one of thoze problems in society1 which the philosopher wil impute to human imperfection1 and the ,kristian number among the inscrutable mysteries of providence4 ,but ,i am not addressing legislators2 ,i am reezoning with individuals4 ,waving the baseness of the crime1 let us attend to its consequences in families and society4 ,you wil doutless acknowlege1 for ,i do not see how you can deny1 that when you deliberately commit a crime that affects your nabor1 you explicitly admit that your nabor haz an equal right to commit the same crime against yourselves2 for ,i presume no man wil arrogate to himself an exclusiv privilege of being a villan4 ,you attempt then to seduce the wife1 the sister1 or the dawter of your frend2 but hav you none of theze relations8 ,hav you not a wife1 a sister1 a dawter1 whoze reputation iz deer to you2 whoze honor you would die to defend8 ,you hav attacked the honor of your nabor2 haz he not the same right to assail your family1 in the same delicate point8 ,but if you has none of theze neer connections1 hav you no female frend whoze reputation iz deer to you8 ,now by attempting the honor of any woman1 you wage war with the whole human race2 you break down the barriers which nature and society hav established to gard your own family and frends1 and leev their honor and happiness1 and consequently your own1 expozed to the intreegs of every unprincipled retch3 ,you even invite an attempt upon your family and frends2 you beet a challenge1 and bid defiance to any man who haz the spirit to revenge the rongs of the helpless4 ,theze are serious considerations1 in which men of principle and of no principle are equally interested2 for an abandoned rake iz usually az fond of hiz own and hiz family's honor1 az the man of the chastest life4 ,mingle with your superiors in age and wizdom1 whenever you can do it with propriety4 ,if your parents are wize1 they wil associate with you az much az possible in your amusements2 they wil be cheerful and facetious1 and thus make you az happy az you wish to be at home4 ,a morose crabbed old man iz not inviting company for the yung and sprightly2 and you ought rather to shun the illnatured1 if possible4 ,but whenever your parents are of a cheerful dispozition1 and luv their children1 they make the most agreeable and most useful companions4 ,they wil find amusements for you at home1 and you wil be happier there than any where else4 ,if your parents are thus dispozed to make themselves your principal companions1 always indulge their inclination4 ,you wil thus avoid the contagion of vicious company1 you wil form a habit of contentment and satisfaction at home2 and remember1 if you do not find happiness there1 you wil never find much satisfaction abroad4 ,in choosing society however1 be careful not to push yourself into company4 ,yung men are often impatient of the restraints which modesty and decorum impoze upon them4 ,they are anxious to associate with thoze of greater age and rank than themselves2 and expect more notis than mankind in general suppoze they dezerv4 ,this proceeds from the ambition and fire of youth2 the motivs ,i beleev to be often innocent and laudable2 the ambition therefore should be guverned1 rather than repressed4 ,a little experience wil dictate patience and a modest deportment1 which1 with yeers and information1 wil always ensure respectability4 ,i once knew a man of twenty two chagrined even to petulence1 becauze he could not be admitted a trustee of a college4 ,i waz surprized at hiz severe remarks on the venerable body of gentlemen who rejected him4 ,he thought himself a man of more science than some of the corporation2 and therefore better qualified to direct a literary institution4 ,admit the fact1 that he excelled in scientific attainments1 yet the vexation he felt at hiz disappointment waz proof enough that he waz destitute of the first requisits in the overseers of yuth1 coolness and judgement4 ,in the world1 avoid every species of affectation1 and be az fashionable az convenience wil warrant4 ,yet never be the first to invent novelty1 nor run to excess in imitation4 ,this advice1 to be fashionable1 should however be qualified1 and restrained to things indifferent1 in point of morality4 ,az the moral karacter of men does not depend on the shape of their garments1 it iz generally best to wear our clothes in the model that fashion prescribes2 unless your circumstances forbid1 or the fashion itself iz inconvenient3 ,for if you are not able to afford the expense1 it iz criminal in you to follow the customs of the welthy2 and if the shape of a garment makes it uneezy upon you or cumbersome1 the fashion iz ridiculous1 and none but week peeple1 the common coxcombs and butterflies of the world1 wil adopt it4 ,for this reezon follow lord ,chesterfield's maxims with great caution4 ,his letters contain a strange compound of the best and worst instructions ever given to a yung man2 indeed it would be expected of a man1 whoze object waz not to make hiz son good1 but to make him showy4 ,hiz lordship1 ,i think1 recommends to hiz son to wear long nails2 in consequence of which advice1 long nails are very fashionable wherever hiz letters are red4 ,but a man ought to be consistent4 ,why did he not at the same time recommend long beards8 ,both are very proper among savages1 who hav no ideas of neetness2 and one would think1 they should always go together2 but among civilized peeple1 both are equally slovenly4 ,hiz lordship givs an excellent reezon for hiz advice2 that mekanics pare their nails1 and gentlemen ought to be distinguished from laborers4 ,why did not he add1 that az mekanics walk on two feet1 gentlemen1 for sake of distinction1 ought to walk on all fours8 ,but hiz lordship had better reezons for hiz advice4 ,long nails are a most commodious substitute1 or at leest furnish a reddy alleviation of the evils arizing from a sparing use of ivory4 ,besides1 hiz lordship waz a courtier1 fond of royal examples1 c4 ,he found a princely one in the ,assyrian monark1 who1 when he waz a beest1 wore hiz nails in the same manner4 ,nebuchadnezzer however waz under the direction of a divine impulse2 an authority that hiz lordship could not claim for all hiz injunctions and maxims4 ,never let fashion blind you to convenience and congruity4 ,do not introduce foreign customs1 without reezon1 or by the halves4 ,the ,french feed themselves with forks1 uzing knives merely to cut their meet2 therefore knives with sharp points1 are for them the most convenient4 ,but it iz really laughable to see the ,americans adopting the use of sharp pointed knives1 without the practice of feeding themselves with forks4 ,they do not see the particular convenience of the custom in ,france1 where it originated2 but it iz the fashion to uze them1 and this iz all they think of4 ,they are however well punished for their servile apishness1 especially when they are hungry2 for a man may az wel feed himself with a bodkin1 az with a knife of the present fashion4 ,be equally careful of affectation in the use of language4 ,uze words that are most common and generally understood4 ,remember that sublimity and elegance do not consist principally in words2 az the modern stile of writing would make us beleev4 ,sublimity consists in grand and elevated ideas2 and elegance iz most generally found in a plain1 neet1 chaste phraseology4 ,in pronunciation be very cautious of imitating the stage1 where indeed nature should be represented1 but where in fact we find too much strutting1 mouthing1 rant1 and every kind of affectation4 ,the modern pronunciation of our language on the ,english stage iz1 beyond mezure1 affected and ridiculous4 ,the change of t1 d and s into ch1 j and sh1 in such words az nature1 education1 superstition1 originated in the theatrical mouthing of words2 and iz1 in language1 what the stage-strut iz in walking4 ,the practice haz indeed spred from the stage among our polite speekers1 who hav adopted it1 az peeple do other fashions1 without knowing why4 ,were it a matter of indifference1 like the shape of a hat1 ,i would recommend it to your imitation2 but ,i hav cleerly prooved in another place1#agj that the practice iz not vindicable on any good principles2 that on the contrary1 it materially injures the language1 both in orthography and the melody of speeking4 ,there iz such a thing az tru and false taste1 and the latter az often directs fashion1 az the former4 ,the nachure and edjucation of modern times are to purity of language1 what red fethers and yellow ribbons are to elegance in dress2 and could the practice be represented with a pencil1 it would be az boldly caricatured1 az the enormous hed-dresses of #aggd4 #agj ,see my ,dissertations on the ,english ,language1 #d4 ,do not adopt such phrases az averse from1 agreeably to1 going past1 and other modern alterations of the usual idiom2 for they are gross violations of the principles of the language1 az might be eezily prooved1 were this the place4 ,if you are a lawyer1 do not confound such terms1 az1 witness1 testimony and evidence1 calling a witness1 an evidence4 ,witness iz the person testifying2 testimony iz what he declares in court2 and evidence iz the effect of that testimony in producing conviction4 ,do not confound such words az1 genius and capacity1 or sense1 lerning and knowlege4 ,genius iz the power of invention2 capacity1 the power of receeving ideas4 ,sense iz the faculty of perception2 lerning iz what iz obtained in books2 knowlege iz what iz acquired by observation4 ,attach yourselves to bizziness in the erly part of life4 ,shun idle dissipated karacters az you would the plague4 ,listen to nature and reezon1 and draw just ideas of things from theze pure sources2 otherwize you wil imbibe fashionable sentiments1 than which a more fatal evil cannot happen to you4 ,you wil often heer bizziness condemned az drudgery and disgrace4 ,despize the sentiment4 ,nature speeks a different language4 ,nature tells you1 that she haz given you bodies1 which require constant exercize2 that labor or some other exercize iz essential to helth2 that employment iz necessary to peece of mind2 and industry iz the meens of acquiring property4 ,nature then haz rendered bizziness necessary to helth and happiness1 az wel az to interest2 and when men neglect her dictates1 they are usually punished with poverty1 diseeze and retchedness4 ,it sometimes happens that a man's ancestors hav accumulated such an estate1 that he iz wel secured from poverty2 but the very estate he possesses1 iz the meens of entailing upon him diseeze and all its consequential evils3 ,for a rich man iz strongly tempted to be lazy2 and indolence1 by debilitating the animal system1 destroys the power of enjoyment4 ,besides1 a man of eezy circumstances iz very apt to looze the virtu of self denial2 he indulges hiz appetite too freely2 he becumes an epicure in eeting1 and perhaps a bakkanalian2 he iz then a slave of the worst kind1 a slave to hiz own desires1 and hiz faithful services to himself are rewarded with the gout4 ,in addition to this1 he may squander away hiz estate2 and then he iz poor indeed6 ,for a man who iz bred in affluence1 seldom haz the resolution or the knowlege requisit to repair a broken fortune4 ,the way to keep an estate1 iz to lern in youth how to acquire one2 and the way to enjoy an estate1 iz to be constantly in some bizziness which shal find employment for the faculties of the mind4 ,idleness and plezure fateeg az soon az bizziness2 and indeed when bizziness haz becume habitual1 it iz the first of plezures4 ,in forming a matrimonial connection1 bridle fancy1 and reduce it to the control of reezon4 ,you wil perhaps be in luv at sixteen2 but remember1 you cannot rely on the continuance of the passion4 ,at this erly period of life1 a man's passions are too violent to last2 he iz in raptures and ecstacy2 but raptures and ecstacy never continu thro life4 ,while a man talks of raptures and paradise on erth1 he iz not fit to be married2 for hiz passion1 or rather hiz frenzy1 warps hiz judgement2 he iz az unqualified to form a just estimate of a woman's karacter1 az a blind man to judge of colors4 ,the probability iz1 in all such cases1 that a man wil make a bad choice2 at leest the chances are ten to one against him4 ,before a man marries1 he should liv long enuf to experience the fallacy of hope1 and to moderate hiz expectations down to real life4 ,he wil then meet with fewer disappointments1 and be better prepared to realize the happiness that iz within hiz power4 ,if you feel a violent passion for a young lady1 the chance iz that the first opportunity you hav1 you wil discloze it1 and assure her you are dying for her4 ,should passion hurry you to such a declaration1 before you hav much acquaintance with her1 and before you hav1 by your attentions1 made some favorable impressions on her hart1 you may be sure of a repulse2 for your sudden professions frighten the lady1 and ladies are never frightened into luv4 ,a widow wil sometimes surrender to the most unexpected attack2 but yung coy maidens are to be taken only by gradual approaches4 ,to ensure success1 take the advice of a very sensible woman2 first be the frend1 and then the luver4 ,be polite and attentiv2 show yourself a particular frend1 for ladies are not alarmed at professions of esteem2 be neether bashful1 nor discuver uncommon solicitude2 and the lady's hart wil probably be yours before she knows it4 ,do you ask1 how you shal discuver the tru karacter of a woman1 so az not to be deceeved8 ,i answer1 this must depend mostly on obzervations of your own1 or of thoze that are more acquainted with the sex than yourself4 ,the virtues of good nature1 delicacy1 modest rezervedness1 prudence1 c4 are discuverable only by considerable acquaintance4 ,i would however advize you to be cautious of connecting yourselves with the following karacters3 ,first1 wimen who hav been accustomed to indulge familiarities1 even in company1 such az kissing1 playing with their hands1 and the like4 ,secondly1 thoze who wil never be seen in the morning2 for if a lady runs out of a room1 and avoids you in a morning dress1 the suspicion iz that she iz a slut1 and that she iz conscious of her unfitness to be seen4 ,a neet woman wil never be ashamed of her dishabille1 for in this she wil show her neetness to the best advantage4 ,a slut may look tolerably wel in silks2 but a neet woman only wil appeer wel in a kitchen or at a brekfast table in her own family4 ,thirdly1 never connect yourselves with a very loquacious or fretful woman2 such a partner wil teeze you thro life4 ,fourthly1 avoid one who haz a slanderous tung2 she wil keep your family and the naborhood in perpetual discord4 ,fifthly1 form no connection with a woman1 who haz no acquaintance with a kitchen4 ,she wil trust every thing to servants1 who wil waste more than you consume2 she wil not know how to reform abuses or guvern domestics2 the clothes wil be ill washed1 the food wil be badly cooked2 you wil be harrassed with disorders and irregularity in the family2 and you wil be ashamed of your wife1 if she iz not ashamed of herself4 ,a master of a vessel should not come in at the cabin windows2 nor should a man be placed at the hed of an army1 without an intimate knowlege of the duty of a private soldier4 ,how then can a lady be qualified for the care of a family1 without being acquainted with every part of domestic bizziness8 ,sixthly1 marry1 if possible1 a lady of virtu and religion2 for religion iz her best gard from temptation and the allurements of vice4 ,at any rate1 marry4 ,a married man1 especially a father1 iz a better citizen than a bachelor4 ,hiz benevolent affections are called in to exercize in hiz family2 and he iz thus prepared to luv and to bless society in general4 ,no4 ,,xxx4 ,,new ,,york1 #aghh4 ,an ,,address to ,,yung ,,ladies4 ,,my ,,amiable ,,frends1 ,altho men in general are expozed to the suspicion of your sex1 and their opinions are often construed into flattery or stratagem1 yet the tenor of the following remarks wil1 it iz presumed1 bear such marks of sincerity az to giv them a place in your confidence4 ,they are not the precepts of a morose instructor1 nor the opinions of a hoary sage who haz lost all relish for the joys of life1 and wishes to restrain the innocent plezures of sense4 ,they do not proceed from a peevish old bachelor1 whom a phlegmatic constitution1 or repeeted disappointments1 hav changed into a hater of your sex2 but they come from a heart capable of being softened by your charms or your misfortunes2 a heart that never harbored a wish but to see and make you happy4 ,they are the sentiments of a yung frend2 one who haz lived long enuf1 if not to feel his own faults1 at leest to discuver thoze of others2 and to form a tolerable estimate of your worth in social life4 ,our ,saviour1 when on erth1 took a child in hiz arms and said1 of such iz the kingdom of heaven4 ,i never view a circle of little misses without recollecting the divine comparison4 ,a collection of sweet little beings1 with voices az melodious az the notes of the nightingale1 whoze cheeks even a whisper wil cuver with blushes1 and whoze hearts are az pure az the falling snow drop2 iz heaven in miniature4 ,such iz the description of my little female frends in the bloom of childhood4 ,to prezerve that delicacy of mind1 which nature furnishes2 which constitutes the glory of your sex1 and forms the principal gard of your own virtue1 iz the bizziness of education4 ,in this article1 you hav an opportunity to display the excellence of your character1 and to exert your talents most successfully in benefitting society4 ,a woman without delicacy1 iz a woman without reputation2 for chastity really exists in the mind2 and when this fountain iz pure1 the words and actions that flow from it1 wil be chaste and delicate4 ,yung misses therefore should be remooved az far az possible from all company that can taint their minds1 or accustom them to indecency of any kind4 ,their nurses1 their companions1 their teechers1 should be selected from peeple of at leest uncorrupted morals and amiable manners4 ,but a more advanced stage of life1 the time when yung ladies enter into society1 iz1 with respect to their future reputation1 a period extremely critical4 ,little1 my deer friends1 do you reflect1 how important iz the manner in which you enter into life4 ,prudery and coquetry are extremes equally to be shunned1 becauze both are equally disagreeable to our sex1 and fatal to your reputations4 ,it haz been said that coquetts often looze their reputation1 while they retain their virtu2 and that prudes often prezerve their reputation1 after they hav lost their virtu4 ,i would only add this remark1 that coquetts are generally1 but prudes almost always suspected2 and suspicion iz az fatal to a female karacter1 az a crime4 ,iz this unjust8 ,coquetry and prudery are both affectation2 every species of affectation dezerves punishment2 and when persons relinquish their own natural karacters for thoze which are borrowed1 iz it unjust to suspect their motivs1 az a punishment for the offence8 ,you are taught to suspect the man who flatters you4 ,but your good sense wil very eezily distinguish between expressions of mere civility and declarations of real esteem4 ,in general one rule holds1 that the man who iz most lavish in declarations of esteem and admiration1 luvs and admires you the leest4 ,a profusion of flattery iz real ground for suspicion4 ,reel esteem iz evinced by a uniform course of polite respectful behaviour4 ,this iz a proof on which you may depend2 it iz a flattery the most grateful to a lady of understanding1 because it must proceed from a real respect for her karacter and virtues4 ,permit me here to suggest one caution4 ,you are told that unmeening flattery iz an insult to your understandings1 and sometimes you are apt to resent it4 ,this should be done with great prudence4 ,precipitate resentment iz dangerous2 it may not be dezerved at the time2 it may make you an enemy2 it may giv uneeziness to a frend2 it may giv your own harts pain2 it may injure you by creating a suspicion that it iz all affectation4 ,the common place civilities of dangling beaux may be very trifling and disagreeable1 but can rarely amount to an insult1 or dezerve more than indifference and neglect4 ,resentment of such trifles can hardly be a mark of tru dignity of soul4 ,at this period of life1 let the prime excellence of your karacters1 delicacy1 be discuvered in all your words and actions4 ,permit me1 az one acquainted at leest with the sentiments of my own sex1 to assure you1 that a man never respects a woman1 who does not respect herself4 ,the moment a woman suffers to fall from her tung1 any expressions that indicate the leest indelicacy of mind2 the moment she ceeses to blush at such expressions from our sex1 she ceeses to be respected2 becauze az a lady1 she iz no longer respectable4 ,whatever familiarity of conversation may be vindicable or pardonable in ether sex alone1 there iz1 in mixed companies1 a sacred decorum that should not be violated by one rude idea4 ,and however dispozed the ladies may be to overlook small transgressions in our sex1 yet unforgiving man cannot eezily forget the offences of yours1 especially when thoze offences discuver a want of all that renders you lovely4 ,if your words are to be so strictly watched1 how much more attention iz necessary to render your conduct unexceptionable4 ,you charge our sex1 with being the seducers1 the betrayers of yours4 ,admit the charge to be partially tru1 yet let us be candid4 ,az profligate az many of our sex are acknowleged to be1 it iz but justice to say1 that very few are so abandoned az to attempt deliberately the seduction of an artless and innocent lady1 who shows1 by her conduct1 that she iz conscious of the worth of her reputation1 and that she respects her own karacter4 ,i hav rarely found a libertine who had impudence enuf to assail virtue1 that had not been expozed by some improprieties of conduct4 ,there iz something so commanding in virtu1 that even villans respect her1 and dare not approach her temples but in the karacter of her votaries4 ,but when a woman iz incautious1 when she iz reddy to fall into the arms of any man that approaches her1 when she suffers double entendres1 indecent hints and conversation to flow from her lips in mixed companies1 she remooves the barriers of her reputation1 she disarms herself1 and thousands consider themselves at liberty to commence an attack4 ,when so much depends on your principles and reputation2 when we expect to derive all the happiness of the married life from that source1 can it be a crime to wish for some proof of your virtu before the indissoluble connection iz formed8 ,iz that virtu to be trusted which haz never been tempted8 ,iz it absurd to say that an attack may be made even with honorable intentions8 ,admit the absurdity2 but such attempts are often made1 and may end in your ruin4 ,the man may then be retched in hiz mistake becauze he iz disappointed in hiz opinion and expectations4 ,be assured1 my frends1 that even vile man cannot but esteem the woman who respects herself4 ,we look to you1 in a world of vice1 for that delicacy of mind1 that innocence of life1 which render you lovely and ourselves happy4 ,do you wish for admiration8 ,but admiration iz az transient az the blaze of a meteor4 ,ladies who hav the most admirers1 are often the last to find valuable partners4 ,do you wish to be esteemed and luved8 ,it iz eezy to render yourselves esteemable and lovely4 ,it iz only by retaining that softness of manners1 that obliging and delicate attention to every karacter1 which1 whether natural or acquired1 are at some period of life1 the property of almost every female4 ,beauty and money1 without merit1 will sometimes command eligible connections2 but such connections do not answer the wishes of our hearts2 they do not render us happy4 ,lerning1 or an acquaintance with books1 may be a very agreeable or a very disagreeable accomplishment1 in proportion to the discretion of the lady who possesses it4 ,properly employed1 it iz highly satisfactory to the lady and her connections2 but ,i beleev obzervation wil confirm my conjecture1 that a strong attachment to books in a lady1 often deters a man from approaching her with the offer of hiz heart4 ,this iz ascribed to the pride of our sex4 ,that the imputation iz always false1 ,i wil not aver2 but ,i undertake to say1 that if pride iz the cauze1 it iz supported by the order of nature4 ,one sex iz formed for the more hardy exercizes of the council1 the field and the laborious employments of procuring subsistence4 ,the other1 for the superintendance of domestic concerns1 and for diffusing bliss thro social life4 ,when a woman quits her own department1 she offends her husband1 not merely becauze she obtrudes herself upon hiz bizziness1 but becauze she departs from that sphere which iz assigned her in the order of society2 becauze she neglects her duty1 and leeves her own department vacant4 ,the same remark wil apply to the man who visits the kitchen and gets the name of a betty4 ,the same principle which excludes a man from an attention to domestic bizziness1 excludes a woman from law1 mathematics and astronomy4 ,eech sex feels a degree of pride in being best qualified for a particular station1 and a degree of resentment when the other encroaches upon their privilege4 ,this iz acting conformably to the constitution of society4 ,a woman would not willingly marry a man who iz strongly inclined to pass hiz time in seeing the house and furniture in order1 in superintending the cooks1 or in working gauze and tiffany2 for she would predict1 with some certainty1 that he would neglect hiz proper bizziness4 ,in the same manner1 a man iz cautious of forming a connection with a woman1 whoze predilection for the sciences might take her attention from necessary family concerns4 ,ladies however are not generally charged with a too strong attachment to books4 ,it iz necessary that they should be wel acquainted with every thing that respects life and manners2 with a knowlege of the human hart and the graceful accomplishments4 ,the greatest misfortune iz1 that your erly studies are not always wel directed2 and you are permitted to devour a thousand volumes of fictitious nonsense1 when a smaller number of books1 at less trubble and expense1 would furnish you with more valuable trezures of knowlege4 ,to be lovely then you must be content to be wimen2 to be mild1 social and sentimental2 to be acquainted with all that belongs to your department1 and leeve the masculine virtues1 and the profound researches of study1 to the province of the other sex4 ,that it may be necessary1 for political purposes1 to consider man az the superior in authority1 iz to me probable4 ,i question whether a different maxim would not destroy your own happiness4 ,a man iz pleezed with the deference hiz wife shows for hiz opinions2 he often loves her even for her want of information1 when it creates a kind of dependence upon hiz judgement4 ,on the other hand1 a woman always despises her husband for hiz inferiority in understanding and knowlege1 and blushes at the figure he makes in the company of men who possess superior talents4 ,do not theze facts justify the order of society1 and render some difference in rank between the sexes1 necessary to the happiness of both8 ,but this superiority iz comparativ1 and in some mezure1 mutual4 ,in many things1 the woman iz az much superior to her husband1 az he iz to her1 in any article of information4 ,they depend on eech other1 and the assumption of any prerogativ or superiority in domestic life1 iz a proof that the union iz not perfect2 it iz a strong evidence the parties are not1 or wil not be happy4 ,ladies are often ridiculed for their loquaciousness4 ,but ridicule iz not the worst punishment of this fault4 ,however witty1 sprightly and sentimental your conversation may be1 depend on it1 az a maxim that holds without exception1 that the person who talks incessantly1 wil soon ceese to be respected4 ,from congress to private families1 the remark iz tru1 that a man or woman who talks much1 loozes all influence4 ,to your sex1 talkativness iz very injurious2 for a man wil hardly ever chooze a noizy loquacious woman for hiz companion4 ,a delicate rezerv iz a becuming1 a commanding characteristic of an amiable woman2 the want of which no brilliant accomplishments wil supply4 ,a want of ability to converse1 iz scarcely so much censured1 az a want of discretion to know when to speek and when to be silent4 ,in the choice of husbands1 my fair reeders1 what shall ,i say8 ,it haz been said or insinuated1 that you prefer men of inferior talents4 ,this iz not tru4 ,you are sensible that a good address and a respectful attention1 are the qualities which most generally recommend to the esteem of both sexes4 ,a philosopher1 who iz absent and stupid1 wil not please az a companion2 but of two persons equal in other respects1 the man of superior talents iz your choice4 ,if my obzervations hav not deceeved me1 you pride yourselves in being connected with men of eminence4 ,i mention this to contradict the opinion maintained in the ,lounger1 that ladies giv a sort of preference to men of inferior talents4 ,the opinion wants extension and qualification2 it extends to both sexes1 when tru1 but iz never tru1 except when men of talents are destitute of social accomplishments4 ,money iz the great object of desire with both sexes2 but how few obtain it by marriage8 ,with respect to our sex1 ,i confess1 it iz not much to a man's credit to seek a fortune without any exertions of hiz own2 but the ladies often make a capital mistake in the meens of obtaining their object4 ,they ask1 what iz a man's fortune8 ,whereas1 if they are in pursuit of welth1 solid permanent welth1 they should ask1 is he a man of bizziness8 ,of talents8 ,of persevering industry8 ,does he know the use of money8 ,the difference in the two cases iz this3 ,the man of fortune1 who haz not formed a habit of acquiring property1 iz generally ignorant of the use of it4 ,he not only spends it1 but he spends it without system or advantage1 and often dies a poor man4 ,but the man who knows how to acquire property1 generally keeps hiz expenditures within hiz income2 in exerting hiz talents to obtain1 he forms a habit of uzing hiz property to advantage1 and commonly enjoys life az wel in accumulating an estate1 az the man of fortune does in dissipating one4 ,my idea iz breefly this2 that the woman who marries a man of bizziness1 with very little property1 haz a better chance for a fortune in middle life and old age1 than one who marries a rich man who livs in idleness4 ,after all1 ladies1 it depends much on yourselves to determin1 whether your families shall enjoy eezy circumstances4 ,any man may acquire something by hiz application2 but economy1 the most difficult article in conducting domestic concerns1 iz the womans province4 ,you see with what frankness and candor ,i tell you my opinions4 ,this iz undoutedly the best mode of conducting social intercourse1 and particularly our intercourse with the fairest part of the creation4 ,i rite from feeling2 from obzervation2 from experience4 ,the sexes1 while eech keep their proper sphere1 cannot fail to render eech other social and happy4 ,but frail az yours iz commonly represented1 you may not only boast of a superior share of virtu yourselves1 but of garding and cherishing ours4 ,you hav not only an interest in being good for your own sakes1 but society iz interested in your goodness2 you polish our manners1 correct our vices1 and inspire our harts with a love of virtue4 ,can a man who loves an amiable woman1 abandon himself to vices which she abhors8 ,may your influence over our sex be increesed2 not merely the influence of beauty and gay accomplishments1 but the influence of your virtues1 whoze dominion controls the evils1 and multiplies the blessings of society4 99 99 99 99 99 99 ,transcriber's note3 ,the text on page #cg has been moved to a footnote after the second paragraph on page #e as the author suggests4 ,in some essays the writer makes extensive use of phonetical spelling4 ,inconsistencies in spelling have therefore not been corrected4 ,missing punctuation has been silently corrected4 ,unmatched double quotation marks in the text were not corrected4 ,,corrections3 page original correction xvi marrying a ,wife's ,sister4 marrying a ,wife's ,sister4 #cbb #ba of so frightful mein1 of so frightful mien1 #bd where governments is where government is #bh very abandonded men1 very abandoned men1 #eg ,an important dictinction ,an important distinction #abe a man 444 crying a bushel a man 444 carrying a bushel #aec government of ,pensylvavia government of ,pensylvania #afj and removeaable only and removeable only #afd people generally concurrred people generally concurrred #aif were of an intrisic value1 were of an intrinsic value1 #bba ,nothwithstanding these ,notwithstanding these #bdb that hackeyned virtue1 that hackneyed virtue1 #bfb my be stil seen may be stil seen #bfen lands under a propietor1 lands under a proprietor1 #bgi brought be-before the brought before the #cjb in clossing issues2 in closing issues2 #cbc without examinining into without examining into #ccc ,the statues of ,henry ,,viii4 ,the statutes of ,henry ,,viii4 #ccc thoze which are prohited4 thoze which are prohibited4 #cgf north eest of ,great ,brirain1 north eest of ,great ,britain1 #cgg westward of ,eeest ,florida4 westward of ,eest ,florida4 #cien not 'ma la in se1 not mala in se1 #cig malice prepense1 malice pretense1 #cih frend whoze reputatation frend whoze reputation